# Official Journal L 290/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 290 |
| | |
| English edition | Legislation | Volume 508 November 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 290

English edition

Legislation

Volume 508 November 2007

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| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 1302/2007 of 7 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1303/2007 of 5 November 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing | 3 |
| | * | Commission Regulation (EC) No 1304/2007 of 7 November 2007 amending Council Directive 95/64/EC, Council Regulation (EC) No 1172/98, Regulations (EC) No 91/2003 and (EC) No 1365/2006 of the European Parliament and of the Council with respect to the establishment of NST 2007 as the unique classification for transported goods in certain transport modes | 14 |
| | * | Commission Regulation (EC) No 1305/2007 of 7 November 2007 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD | 17 |
| | | Commission Regulation (EC) No 1306/2007 of 7 November 2007 setting the allocation coefficient for issuing of licences applied for from 29 October to 2 November 2007 to import sugar products under tariff quotas and preferential agreements | 18 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 1302/2007 of 7 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1303/2007 of 5 November 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing

3

*

Commission Regulation (EC) No 1304/2007 of 7 November 2007 amending Council Directive 95/64/EC, Council Regulation (EC) No 1172/98, Regulations (EC) No 91/2003 and (EC) No 1365/2006 of the European Parliament and of the Council with respect to the establishment of NST 2007 as the unique classification for transported goods in certain transport modes

14

*

Commission Regulation (EC) No 1305/2007 of 7 November 2007 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD

17

Commission Regulation (EC) No 1306/2007 of 7 November 2007 setting the allocation coefficient for issuing of licences applied for from 29 October to 2 November 2007 to import sugar products under tariff quotas and preferential agreements

18

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Decision 2007/670/CFSP of 1 October 2007 concerning the conclusion of an Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) ( OJ L 274, 18.10.2007 ) | 22 |

Corrigenda

*

Corrigendum to Council Decision 2007/670/CFSP of 1 October 2007 concerning the conclusion of an Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) ( OJ L 274, 18.10.2007 )

22

| 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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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

| 8.11.2007 | EN | Official Journal of the European Union | L 290/1 |
| --- | --- | --- | --- |

8.11.2007

EN

Official Journal of the European Union

L 290/1

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COMMISSION REGULATION (EC) No 1302/2007

of 7 November 2007

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 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 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 3223/94 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 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 8 November 2007.

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

Done at Brussels, 7 November 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

1

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ANNEX

to Commission Regulation of 7 November 2007 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 | 80,1 |
| MK | 46,6 |
| TR | 79,4 |
| ZZ | 68,7 |
| 0707 00 05 | JO | 196,3 |
| MA | 47,2 |
| MK | 70,4 |
| TR | 104,5 |
| ZZ | 104,6 |
| 0709 90 70 | MA | 80,7 |
| TR | 91,4 |
| ZZ | 86,1 |
| 0805 20 10 | MA | 94,2 |
| ZZ | 94,2 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | HR | 39,1 |
| IL | 66,8 |
| TR | 92,6 |
| UY | 82,9 |
| ZZ | 70,4 |
| 0805 50 10 | AR | 69,5 |
| TR | 98,4 |
| ZA | 57,4 |
| ZZ | 75,1 |
| 0806 10 10 | BR | 247,2 |
| TR | 118,4 |
| US | 291,2 |
| ZZ | 218,9 |
| 0808 10 80 | AR | 81,9 |
| AU | 183,7 |
| CA | 89,8 |
| CL | 86,0 |
| MK | 30,6 |
| US | 100,6 |
| ZA | 81,3 |
| ZZ | 93,4 |
| 0808 20 50 | AR | 49,3 |
| CN | 62,8 |
| TR | 133,5 |
| ZZ | 81,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

80,1

MK

46,6

TR

79,4

ZZ

68,7

0707 00 05

JO

196,3

MA

47,2

MK

70,4

TR

104,5

ZZ

104,6

0709 90 70

MA

80,7

TR

91,4

ZZ

86,1

0805 20 10

MA

94,2

ZZ

94,2

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

HR

39,1

IL

66,8

TR

92,6

UY

82,9

ZZ

70,4

0805 50 10

AR

69,5

TR

98,4

ZA

57,4

ZZ

75,1

0806 10 10

BR

247,2

TR

118,4

US

291,2

ZZ

218,9

0808 10 80

AR

81,9

AU

183,7

CA

89,8

CL

86,0

MK

30,6

US

100,6

ZA

81,3

ZZ

93,4

0808 20 50

AR

49,3

CN

62,8

TR

133,5

ZZ

81,9

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(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’.

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| 8.11.2007 | EN | Official Journal of the European Union | L 290/3 |
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8.11.2007

EN

Official Journal of the European Union

L 290/3

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COMMISSION REGULATION (EC) No 1303/2007

of 5 November 2007

laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing (1), and in particular Article 5 thereof,

Whereas:

| (1) | Article 22(1)(c) of Council Regulation (EC) No 2371/2002 (2) provides that activities within the scope of the Common Fisheries Policy are prohibited unless a master without undue delay records and reports information on fishing activities, including landings and transhipments, and that copies of the records shall be made available to the authorities. |
| --- | --- |

(1)

Article 22(1)(c) of Council Regulation (EC) No 2371/2002 (2) provides that activities within the scope of the Common Fisheries Policy are prohibited unless a master without undue delay records and reports information on fishing activities, including landings and transhipments, and that copies of the records shall be made available to the authorities.

| (2) | In accordance with Regulation (EC) No 1966/2006 the obligation to electronically record and transmit logbook, landing declaration and transhipment data applies to masters of Community fishing vessels exceeding 24 m length overall within 24 months of entry into force of the implementing rules and to masters of Community fishing vessels exceeding 15 m length overall within 42 months of entry into force of the implementing rules. |
| --- | --- |

(2)

In accordance with Regulation (EC) No 1966/2006 the obligation to electronically record and transmit logbook, landing declaration and transhipment data applies to masters of Community fishing vessels exceeding 24 m length overall within 24 months of entry into force of the implementing rules and to masters of Community fishing vessels exceeding 15 m length overall within 42 months of entry into force of the implementing rules.

| (3) | Daily reporting of fishing activities creates the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land. |
| --- | --- |

(3)

Daily reporting of fishing activities creates the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land.

| (4) | Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (3) provides that masters of Community fishing vessels shall keep a logbook of their operations. |
| --- | --- |

(4)

Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (3) provides that masters of Community fishing vessels shall keep a logbook of their operations.

| (5) | Article 8 of Regulation (EEC) No 2847/93 provides that the master of each Community fishing vessel having an overall length equal to or more than 10 m, or his representative, shall after each fishing trip and within 48 hours of landing submit a declaration to the competent authorities of the Member States where the landing takes place. |
| --- | --- |

(5)

Article 8 of Regulation (EEC) No 2847/93 provides that the master of each Community fishing vessel having an overall length equal to or more than 10 m, or his representative, shall after each fishing trip and within 48 hours of landing submit a declaration to the competent authorities of the Member States where the landing takes place.

| (6) | Article 9 of Regulation (EEC) No 2847/93 provides that auction centres or other bodies or persons authorised by Member States which are responsible for the first marketing of fishery products shall, upon first sale, submit a sales note to the competent authorities in whose territory the first marketing takes place. |
| --- | --- |

(6)

Article 9 of Regulation (EEC) No 2847/93 provides that auction centres or other bodies or persons authorised by Member States which are responsible for the first marketing of fishery products shall, upon first sale, submit a sales note to the competent authorities in whose territory the first marketing takes place.

| (7) | Article 9 of Regulation (EEC) No 2847/93 also provides that where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for monitoring the first marketing shall ensure that a copy of the sales note is submitted to the authorities responsible for monitoring the landing of the products as soon as possible. |
| --- | --- |

(7)

Article 9 of Regulation (EEC) No 2847/93 also provides that where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for monitoring the first marketing shall ensure that a copy of the sales note is submitted to the authorities responsible for monitoring the landing of the products as soon as possible.

| (8) | Article 19 of Regulation (EEC) No 2847/93 requires Member States to create computerised databases and to establish a validation system comprising in particular cross-checks and verification of data. |
| --- | --- |

(8)

Article 19 of Regulation (EEC) No 2847/93 requires Member States to create computerised databases and to establish a validation system comprising in particular cross-checks and verification of data.

| (9) | Article 19b and 19e of Regulation (EEC) No 2847/93 require masters of Community fishing vessels to make effort reports and to record them in their logbook. |
| --- | --- |

(9)

Article 19b and 19e of Regulation (EEC) No 2847/93 require masters of Community fishing vessels to make effort reports and to record them in their logbook.

| (10) | Article 5 of Council Regulation (EC) No 2347/2002 (4) requires the master of a Community fishing vessel holding a deep-sea fishing permit to record in a logbook or in a form provided by the flag Member State information concerning fishing gear characteristics and fishing operations. |
| --- | --- |

(10)

Article 5 of Council Regulation (EC) No 2347/2002 (4) requires the master of a Community fishing vessel holding a deep-sea fishing permit to record in a logbook or in a form provided by the flag Member State information concerning fishing gear characteristics and fishing operations.

| (11) | Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (5) provides for the operation of joint deployment plans. |
| --- | --- |

(11)

Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (5) provides for the operation of joint deployment plans.

| (12) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture, |
| --- | --- |

(12)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.   This Regulation shall apply to:

| (a) | Community fishing vessels exceeding 24 metres length overall, as from 1 January 2010; |
| --- | --- |

(a)

Community fishing vessels exceeding 24 metres length overall, as from 1 January 2010;

| (b) | Community fishing vessels exceeding 15 metres length overall, as from 1 July 2011; |
| --- | --- |

(b)

Community fishing vessels exceeding 15 metres length overall, as from 1 July 2011;

| (c) | Registered buyers, registered auctions or other entities or persons authorised by Member States that are responsible for the first sale of fisheries products with an annual financial turnover in first sales of fishery products in excess of EUR 400 000, as from 1 January 2009. |
| --- | --- |

(c)

Registered buyers, registered auctions or other entities or persons authorised by Member States that are responsible for the first sale of fisheries products with an annual financial turnover in first sales of fishery products in excess of EUR 400 000, as from 1 January 2009.

2.   Notwithstanding paragraph 1(a), this Regulation shall apply as from a date earlier than 1 January 2010 to Community fishing vessels flying the flag of a given Member State and exceeding 24 metres length overall, if it is so provided by that State.

3.   Notwithstanding paragraph 1(b), this Regulation shall apply as from a date earlier than 1 July 2011 to Community fishing vessels flying the flag of a given Member State and exceeding 15 metres length overall, if it is so provided by that State.

4.   Notwithstanding the dates laid down in paragraphs 1(a) and 1(b), a Member State may decide to apply this regulation to vessels of 15 metres or less flying its flag prior to those dates in accordance with Article 3, paragraph 2 of Regulation (EC) No 1966/2006.

5.   Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction on condition that the vessels comply with all rules laid down in this regulation.

6.   This Regulation shall apply to Community fishing vessels regardless of the waters or ports they are carrying out fishing operations in.

7.   This Regulation shall not apply to Community fishing vessels used exclusively for exploitation of aquaculture.

Article 2

List of operators and vessels

1.   Each Member State shall establish a list of registered buyers, registered auctions or other entities or persons that it has authorised and that are responsible for the first sale of fishery products with an annual financial turnover of fishery products in excess EUR 400 000. The first reference year shall be 2007 and the list shall be updated on 1 January of the current year (year n) on the basis of the annual financial turnover of fishery products in excess of EUR 400 000 in year n–2. That list shall be published on an official website of the Member State.

2.   Each Member State shall establish and periodically update lists of Community fishing vessels flying its flag to which the provisions of this regulation apply in accordance with Article 1 paragraphs 3, 4, 5 and 6. The lists shall be published on an official website of the Member State and shall be in the format to be decided in consultations between the Member States and the Commission.

Article 3

Definitions

For the purpose of this Regulation the following definitions shall apply:

| (a) | ‘fishing operation’ means all activities in connection with searching for fish, the shooting, setting and hauling of a fishing gear and the removal of any catch from the gear; |
| --- | --- |

(a)

‘fishing operation’ means all activities in connection with searching for fish, the shooting, setting and hauling of a fishing gear and the removal of any catch from the gear;

| (b) | ‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection. |
| --- | --- |

(b)

‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection.

CHAPTER II

ELECTRONIC TRANSMISSION

Article 4

Information to be transmitted by masters of vessels or their representatives

1.   Masters of Community fishing vessels shall transmit logbook and transhipment data by electronic means to the competent authorities of the flag Member State.

2.   Masters of Community fishing vessels or their representatives shall transmit landing declaration data by electronic means to the competent authorities of the flag State.

3.   When a Community fishing vessel lands its catch in a Member State other than the flag Member State, the competent authorities of the flag Member States shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State where the catch was landed.

4.   Masters of Community fishing vessels shall, where required under Community rules, transmit by electronic means to the competent authority of the flag Member State prior notification of entry into port at the time that it is required to be transmitted.

5.   When a vessel intends to enter a port in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the prior notification referred to in paragraph 4 by electronic means to the competent authorities of the coastal Member State.

Article 5

Information to be transmitted by entities or persons responsible for first sale or take-over

1.   Registered buyers, registered auctions or other entities or persons authorised by Member States, that are responsible for the first sale of fishery products shall transmit information required to be recorded in a sales note by electronic means to the competent authorities of the Member State in whose territory the first marketing takes place.

2.   When the first marketing takes place in a Member State other than the flag Member State, the competent authorities of the Member State where the first marketing takes place shall ensure that a copy of the sales notes data is submitted by electronic means to the competent authorities of the flag Member State on receipt of relevant information.

3.   Where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State where the first marketing takes place shall ensure that a copy of the sales note data is submitted by electronic means immediately on receipt of relevant information, to the following authorities:

| (a) | the competent authorities of the Member State where the fishery products have been landed; and |
| --- | --- |

(a)

the competent authorities of the Member State where the fishery products have been landed; and

| (b) | the competent authorities of the flag Member State of the vessel that landed the fishery products. |
| --- | --- |

(b)

the competent authorities of the flag Member State of the vessel that landed the fishery products.

4.   The holder of the take-over declaration shall transmit by electronic means the information required to be recorded in a take-over declaration to the competent authorities of the Member State in whose territory the take-over physically takes place.

Article 6

Frequency of transmission

1.   The master shall transmit the electronic logbook information to the competent authorities of the flag Member State at least on a daily basis not later than 24.00 hours even when there are no catches. He shall also send such data:

| (a) | at the request of the competent authority of the flag Member State; |
| --- | --- |

(a)

at the request of the competent authority of the flag Member State;

| (b) | immediately after the last fishing operation has been completed; |
| --- | --- |

(b)

immediately after the last fishing operation has been completed;

| (c) | before entering into port; |
| --- | --- |

(c)

before entering into port;

| (d) | at the time of any inspection at sea; |
| --- | --- |

(d)

at the time of any inspection at sea;

| (e) | at the time of events defined in Community legislation or by the flag State. |
| --- | --- |

(e)

at the time of events defined in Community legislation or by the flag State.

2.   The master may transmit corrections to the electronic logbook and transhipment declarations up to the last transmission made at the end of the fishing trip and before entering into port. Corrections shall be easily identifiable. All original electronic logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.

3.   The master or his representatives shall transmit the landing declaration by electronic means immediately after the landing declaration has been established.

4.   The master of the donor vessel and the receiving vessel shall transmit transhipment data by electronic means immediately after the transhipment.

5.   The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each fishing trip until the landing declaration has been submitted.

Article 7

Format for transmission of data from a vessel to the competent authority of its Flag state

Each Member State shall determine the format for the transmission of data from vessels flying its flag to its competent authorities.

Article 8

Return messages

Member States shall ensure that return messages are issued to vessels flying their flag for each transmission of logbook, transhipment and landing data. The return message shall contain an acknowledgement of receipt.

CHAPTER III

EXEMPTIONS

Article 9

Exemptions

1.   A Member State may exempt masters of vessels flying its flag from the obligations referred to in Article 4, paragraph 1, when they carry out fishing trips of 24 hours or less within the waters under its sovereignty or jurisdiction on condition that they do not land their catch outside the territory of the flag Member State.

2.   Masters of Community fishing vessels shall be exempt from the obligation to complete paper logbook, landing and transhipment declarations.

3.   Masters of Community vessels, or their representatives, that land their catch in a Member State other than the flag Member State shall be exempt from the requirement to submit a paper landing declaration to the coastal Member State.

4.   Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction. The vessels falling within the scope of such agreements shall be exempt from completing a paper logbook within those waters.

5.   Masters of Community vessels that record in their electronic logbooks the fishing effort information required under Article 19b of Regulation (EEC) No 2847/93 shall be exempt from the obligation to transmit effort reports by telex, by VMS, by fax, by telephone or by radio.

CHAPTER IV

FUNCTIONING OF ELECTRONIC RECORDING AND REPORTING SYSTEMS

Article 10

Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

1.   In the event of a technical failure or non-functioning of the electronic recording and reporting system the master or the owner of the vessel or their representative shall communicate logbook, landing declaration and transhipment data to the competent authorities of the flag Member State in a way established by the flag Member State on a daily basis and no later than 24.00 hours even when there are no catches:

| (a) | at the request of the competent authority of the flag State; |
| --- | --- |

(a)

at the request of the competent authority of the flag State;

| (b) | immediately after the last fishing operation has been completed; |
| --- | --- |

(b)

immediately after the last fishing operation has been completed;

| (c) | before entering into port; |
| --- | --- |

(c)

before entering into port;

| (d) | at the time of any inspection at sea; |
| --- | --- |

(d)

at the time of any inspection at sea;

| (e) | at the time of events defined in Community legislation or by the flag State. |
| --- | --- |

(e)

at the time of events defined in Community legislation or by the flag State.

2.   The competent authorities of the flag Member State shall update the electronic logbook immediately on receipt of the data referred to in paragraph 1.

3.   A Community fishing vessel shall not leave a port, following a technical failure or non-functioning of its electronic recording and reporting system before it is functioning to the satisfaction of the competent authorities of the flag Member State or before it is otherwise authorised to leave by the competent authorities of the flag Member State. The flag Member State shall immediately notify the coastal Member State when it has authorised a vessel flying its flag to leave a port in the coastal Member State.

Article 11

Non-receipt of data

1.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Article 4, paragraphs 1 and 2 they shall notify the master or the owner of the vessel or their representative thereof as soon as possible. If, in respect of a particular vessel, this situation occurs more than three times within a period of one year, the flag Member State shall ensure that the electronic reporting system in question is checked. The Member State concerned shall investigate the matter in order to determine why data have not been received.

2.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Article 4, paragraph 1 and 2 and the last position received through the Vessel Monitoring System was from within the waters of a coastal Member State they shall notify the competent authorities of that coastal Member State thereof as soon as possible.

3.   The master or the owner of the vessel or their representative shall send all data for which a notification was received in accordance with paragraph 1 to the competent authorities of the flag Member State immediately on receipt of the notification.

Article 12

Data access failure

1.   When the competent authorities of a coastal Member State observe a vessel flying the flag of another Member State in their waters and can not access data in accordance with Article 15 they shall request the competent authorities of the flag Member State to ensure access.

2.   If the access referred to in paragraph 1 is not ensured within four hours of the request, the coastal Member State shall notify the flag Member State. On receipt of the notification the flag Member State shall immediately send the data to the coastal Member State by any available electronic means.

3.   If the coastal Member State does not receive the data referred to in paragraph 2, the master or owner of the vessel or their representative shall send the data and a copy of the return message referred to in Article 8 to the competent authorities of the coastal Member State on request and by any available electronic means.

4.   If the master or owner of the vessel or their representative can not provide the competent authorities of the coastal Member State with a copy of the return message referred to in Article 8, fishing activities in the waters of the coastal Member State by the vessel concerned shall be prohibited until the master or his representative can provide a copy of the return message or information referred in Article 6(1) to the said authorities.

Article 13

Data on the functioning of the electronic reporting system

1.   Member States shall maintain databases on the functioning of their electronic reporting system. They shall contain at least the following information:

| (a) | the list of fishing vessels flying their flag whose electronic reporting systems have experienced technical failure or have failed to function; |
| --- | --- |

(a)

the list of fishing vessels flying their flag whose electronic reporting systems have experienced technical failure or have failed to function;

| (b) | the number of electronic logbook transmissions received per day and the average number of transmissions received per vessel, broken down by flag Member State; |
| --- | --- |

(b)

the number of electronic logbook transmissions received per day and the average number of transmissions received per vessel, broken down by flag Member State;

| (c) | the number of landing declaration, transhipment declaration, takeover declaration and sales note transmissions received, broken down by flag State. |
| --- | --- |

(c)

the number of landing declaration, transhipment declaration, takeover declaration and sales note transmissions received, broken down by flag State.

2.   Summaries of information on the functioning of Member States’ electronic reporting systems shall be sent to the Commission on its request in a format and at time intervals to be decided in consultation between Member States and the Commission.

CHAPTER V

DATA EXCHANGE AND ACCESS

Article 14

Format for exchange of information between Member States

1.   Information shall be exchanged between Member States using the format defined in the Annex which is based on extensible mark-up language (XML).

2.   Corrections to the information referred to in paragraph 1 shall be clearly identified.

3.   When a Member State receives electronic information from another Member State it shall ensure that a return message is issued to the competent authorities of that Member State. The return message shall contain an acknowledgement of receipt.

4.   Data elements in the Annex that are mandatory for Masters to record in their logbook according to Community rules shall also be mandatory in exchanges between Member States.

Article 15

Access to data

1.   A flag Member State shall ensure that a coastal Member State has online access in real time to electronic logbook and landing declaration data of vessels flying its flag when conducting fishing operations in the waters under the sovereignty or jurisdiction of the coastal Member State.

2.   The data referred to in paragraph 1 shall at least cover the data from the last departure from port to the time when the landing is completed. Data from fishing trips for the previous 12 months shall be made available on request.

3.   The master of a Community fishing vessel shall have secure access to his own electronic logbook information stored in the database of the flag Member State on a 24-hour, seven-days-a-week basis.

4.   A coastal Member State shall grant online access to its logbook database to a fishery patrol vessel of another Member State in the context of a joint deployment plan.

Article 16

Exchange of data between Member States

1.   Access to the data referred to in Article 15, paragraph 1 shall be by secure internet connection on a 24-hour, seven-days-a-week basis.

2.   Member States shall exchange the relevant technical information to ensure mutual access to electronic logbooks.

3.   Member States shall:

| (a) | Ensure that data received according to this Regulation are safely stored in computerised databases and take all necessary measures to ensure that they are treated as confidential; |
| --- | --- |

(a)

Ensure that data received according to this Regulation are safely stored in computerised databases and take all necessary measures to ensure that they are treated as confidential;

| (b) | Take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation. |
| --- | --- |

(b)

Take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

Article 17

Single authority

1.   In each Member State, a single authority shall be responsible for transmitting, receiving, managing and processing all data covered by this Regulation.

2.   Member States shall exchange lists and contact details of the authorities referred to in paragraph 1 and shall inform the Commission thereof.

3.   Any changes in the information referred to in paragraphs 1 and 2 shall be communicated to the Commission and other Member States without delay.

CHAPTER VI

FINAL PROVISIONS

Article 18

Entry into force

This Regulation shall enter into force on 1 January 2008.

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

Done at Brussels, 5 November 2007.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 409, 30.12.2006, p. 1, as corrected by OJ L 36, 8.2.2007, p. 3.

1

(2)  
  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

2

(3)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11).

3

(4)  
  OJ L 351, 28.12.2002, p. 6. Regulation as last amended by Regulation (EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).

4

(5)  
  OJ L 128, 21.5.2005, p. 1.

5

---

ANNEX

ELECTRONIC INFORMATION EXCHANGE FORMAT

Envelope data elements

| Data elements | Field code | Description and content |
| --- | --- | --- |
| Start/end of record |
| Start of record | SR | Tag indicating start of the logbook, sales note declaration or return message |
| Sub-elements |
| Address | AD | Destination: ISO alpha-3 country code |
| From | FR | Country transmitting the data (ISO alpha-3 country code) |
| Type of message | TM | Letter code of the type of message (LOG, SAL, RET or COR) |
| Return status | RS | Indicates the status of the received message/report, either ACK (acknowledged) or NAK (not acknowledged) |
| Return error code | RE | Numerical codes indicating errors on messages/reports received
  (101 — message unreadable, 102 — data value or size out of range, 104 — mandatory data missing, 106 — unauthorised data source, 150 — sequence error, 151 — date/time in the future, 250 — attempt to renotify a vessel, 251 — vessel is not notified, 302 — transhipment prior to Catch on Entry, 303 — Catch on Exit prior to Catch on Entry, 304 — no position received, 350 — position without Catch on Entry) |
| Record number | RN | Serial number of retransmission of the message by the FMC (annual count) |
| Record date | RD | Date of retransmission of the message/report (YYYYMMDD) |
| Record time | RT | Time of retransmission of the message/report (HHMM in UTC) |

Data elements

Field code

Description and content

Start/end of record

Start of record

SR

Tag indicating start of the logbook, sales note declaration or return message

Sub-elements

Address

AD

Destination: ISO alpha-3 country code

From

FR

Country transmitting the data (ISO alpha-3 country code)

Type of message

TM

Letter code of the type of message (LOG, SAL, RET or COR)

Return status

RS

Indicates the status of the received message/report, either ACK (acknowledged) or NAK (not acknowledged)

Return error code

RE

Numerical codes indicating errors on messages/reports received

(101 — message unreadable, 102 — data value or size out of range, 104 — mandatory data missing, 106 — unauthorised data source, 150 — sequence error, 151 — date/time in the future, 250 — attempt to renotify a vessel, 251 — vessel is not notified, 302 — transhipment prior to Catch on Entry, 303 — Catch on Exit prior to Catch on Entry, 304 — no position received, 350 — position without Catch on Entry)

Record number

RN

Serial number of retransmission of the message by the FMC (annual count)

Record date

RD

Date of retransmission of the message/report (YYYYMMDD)

Record time

RT

Time of retransmission of the message/report (HHMM in UTC)

Logbook data elements

| Data elements | Field code | Description and content |
| --- | --- | --- |
| Start/end logbook element |
| Start of logbook declaration | LOG | Tag indicating start of the logbook declaration (contains RC, XR, IR, NA, VO, MA or TN attribute and DEP, CAT, ENT, EXI, CRO, TRZ, TRA, LAN or RTP element) |
| Main elements |
| Departure declaration | DEP | Tag indicating the departure from a harbour at the start of a fishing trip (contains DA, TI and PO attributes) |
| Return to port declaration | RTP | Tag indicating the return to the harbour at the end of the fishing trip (contains DA, TI and PO attributes) |
| Catch declaration | CAT | Tag indicating start of a catch declaration (contains DA, TI, FO and DU attributes and POS, GEA or SPE sub-elements) |
| Transhipment declaration | TRA | Tag indicating start of a transhipment declaration (contains DA, TI, TT, TF, TC and FC attributes and SPE sub-elements) |
| Landing declaration | LAN | Tag indicating start of a landing declaration (contains DA, TI and PO attributes and POS and SPE sub-elements) |
| Effort declaration: Entry in zone | ENT | Tag indicating start of an declaration on entry into the effort zone (contains DA, TI attributes and POS, SPE sub-elements) |
| Effort declaration: Exit out of zone | EXI | Tag indicating start of a declaration on exit of the effort zone (contains DA, TI attributes and POS, SPE sub-elements) |
| Effort declaration: Crossing of a zone | CRO | Tag indicating start of a declaration on crossing the effort zone (contains ENT and EXI elements) |
| Effort declaration: Trans-zonal fishing | TRZ | Tag indicating start of a declaration on trans-zonal fishing within the effort zone (contains ENT and EXI elements) |
| Sub-elements |
| Species sub-declaration | SPE | Tag containing fish species details (contains SN, WT or WL or WS, NF attributes and PRO sub-elements) |
| Processing sub-declaration | PRO | Tag containing fish processing details (contains PR, CF and TY attributes or DIS (discards)) |
| Position sub-declaration | POS | Tag containing detailed information on the location of the fishing vessel (contains ZO attribute and for fishing effort: LA and LO attributes) |
| Gear sub-declaration | GEA | Tag containing detailed information on the gear used during a fishing operation (contains GE, ME, GD and GL as required by the effort declaration). For DSS contains NH, IT, FO and FD |
| Attributes |
| Trip number | TN | Number of fishing trip in current year (001-999) |
| Date | DA | Date of transmission (YYYYMMDD) |
| Time | TI | Time of transmission (HHMM in UTC) |
| Vessel’s main identification | RC | International radio call sign |
| Vessel’s external identification | XR | Side (hull) registration number of the vessel |
| Vessel’s identification (CFR) | IR | Community Fleet Register number |
| Name of vessel | NA | Name of the vessel |
| Name of vessel owner | VO | Name of the vessel owner |
| Name of the master | MA | Name of the master |
| Port name | PO | Port code (2 letter country code (ISO alpha-3 country code) + 3 letter port code). I.e. for Edinburgh — GBEDI, Kiel — DEKEL or Vigo — ESVGO) |
| Fishing operations | FO | Number of fishing operations (hauls) per 24-hour period |
| Fishing time | DU | Duration of fishing activity in minutes |
| Position: latitude | LA | Latitude expressed in degrees and minutes (N/S DDMM) |
| Position: longitude | LO | Longitude expressed in degrees and minutes (E/W DDMM) |
| Fishing zone | ZO | The smallest statistical area (sub-area, division, subdivision, etc.) covered by the FAO Major fishing area [and ICES] classification (i.e. 27.3.24 [or III24] for the ICES subdivision 24 in the Baltic sea, 21.1F[or 1F] for NAFO division 21.1F, etc.) |
| Gear name | GE | Letter code according to FAO’s ‘International Standard Statistical Classification of the Fishing Gear’ |
| Gear mesh size | ME | Size of mesh (in millimetres) |
| Gear height | GD | Gear height (in metres) |
| Gear length | GL | Gear length (in metres) |
| Species name | SN | Name of the species caught (FAO alpha-3 code) |
| Weight of fish | WT | Weight of live fish (in kilograms) |
| Number of fish | NF | Number of fish caught (when quota is allocated in numbers of fish, i.e. salmon) |
| Conversion factor | CF | Factors for the conversion of fish and fish product landed weights to live weight equivalents |
| Weight of fish landed | WL | Product weight in the landing declaration |
| Presentation of fish | PR | Letter code of the product presentation (way fish has been processed):
  (WHL — whole fish, GUT — gutted, GUH gutted and headed, GUG — gutted and gilled, GUL — gutted liver in, GTF — gutted, tailed and finned, GUS — gutted, headed, skinned, FIL — filleted, FIS — filleted and skinned, FSB — filleted with skin and bones, FSP — filleted skinned with pin bone on, HEA — headed, WNG — wings, WNG+SKI — wings and skinned, SKI — skinned, DIS — discarded) |
| Processing’s type of packaging | TY | Three-letter code (CRT = cartons, BOX = boxes, BGS = bags, BLC = blocks) |
| Transhipment: receiving vessel | TT | International radio call sign of the receiving vessel |
| Transhipment: (donor) vessel | TF | International radio call sign of the donor vessel |
| Transhipment: flag State of receiving vessel | TC | Flag State of vessel receiving the transhipment (ISO alpha-3 country code) |
| Transhipment: flag State of donor vessel | FC | Flag State of the donor vessel (ISO alpha-3 country code) |
| Deep sea additional codes |
| Average number of hooks used on longlines | NH | Average number of hooks per longline |
| Immersion time | IT | The total time gear was in the water (fishing) per 24-hour period |
| Fishing operations | FO | Number of fishing operations (hauls for nets and towed gears or longline shoots) per 24-hour period |
| Fishing depths | FD | Distance between the sea floor and the surface of the sea |

Data elements

Field code

Description and content

Start/end logbook element

Start of logbook declaration

LOG

Tag indicating start of the logbook declaration (contains RC, XR, IR, NA, VO, MA or TN attribute and DEP, CAT, ENT, EXI, CRO, TRZ, TRA, LAN or RTP element)

Main elements

Departure declaration

DEP

Tag indicating the departure from a harbour at the start of a fishing trip (contains DA, TI and PO attributes)

Return to port declaration

RTP

Tag indicating the return to the harbour at the end of the fishing trip (contains DA, TI and PO attributes)

Catch declaration

CAT

Tag indicating start of a catch declaration (contains DA, TI, FO and DU attributes and POS, GEA or SPE sub-elements)

Transhipment declaration

TRA

Tag indicating start of a transhipment declaration (contains DA, TI, TT, TF, TC and FC attributes and SPE sub-elements)

Landing declaration

LAN

Tag indicating start of a landing declaration (contains DA, TI and PO attributes and POS and SPE sub-elements)

Effort declaration: Entry in zone

ENT

Tag indicating start of an declaration on entry into the effort zone (contains DA, TI attributes and POS, SPE sub-elements)

Effort declaration: Exit out of zone

EXI

Tag indicating start of a declaration on exit of the effort zone (contains DA, TI attributes and POS, SPE sub-elements)

Effort declaration: Crossing of a zone

CRO

Tag indicating start of a declaration on crossing the effort zone (contains ENT and EXI elements)

Effort declaration: Trans-zonal fishing

TRZ

Tag indicating start of a declaration on trans-zonal fishing within the effort zone (contains ENT and EXI elements)

Sub-elements

Species sub-declaration

SPE

Tag containing fish species details (contains SN, WT or WL or WS, NF attributes and PRO sub-elements)

Processing sub-declaration

PRO

Tag containing fish processing details (contains PR, CF and TY attributes or DIS (discards))

Position sub-declaration

POS

Tag containing detailed information on the location of the fishing vessel (contains ZO attribute and for fishing effort: LA and LO attributes)

Gear sub-declaration

GEA

Tag containing detailed information on the gear used during a fishing operation (contains GE, ME, GD and GL as required by the effort declaration). For DSS contains NH, IT, FO and FD

Attributes

Trip number

TN

Number of fishing trip in current year (001-999)

Date

DA

Date of transmission (YYYYMMDD)

Time

TI

Time of transmission (HHMM in UTC)

Vessel’s main identification

RC

International radio call sign

Vessel’s external identification

XR

Side (hull) registration number of the vessel

Vessel’s identification (CFR)

IR

Community Fleet Register number

Name of vessel

NA

Name of the vessel

Name of vessel owner

VO

Name of the vessel owner

Name of the master

MA

Name of the master

Port name

PO

Port code (2 letter country code (ISO alpha-3 country code) + 3 letter port code). I.e. for Edinburgh — GBEDI, Kiel — DEKEL or Vigo — ESVGO)

Fishing operations

FO

Number of fishing operations (hauls) per 24-hour period

Fishing time

DU

Duration of fishing activity in minutes

Position: latitude

LA

Latitude expressed in degrees and minutes (N/S DDMM)

Position: longitude

LO

Longitude expressed in degrees and minutes (E/W DDMM)

Fishing zone

ZO

The smallest statistical area (sub-area, division, subdivision, etc.) covered by the FAO Major fishing area [and ICES] classification (i.e. 27.3.24 [or III24] for the ICES subdivision 24 in the Baltic sea, 21.1F[or 1F] for NAFO division 21.1F, etc.)

Gear name

GE

Letter code according to FAO’s ‘International Standard Statistical Classification of the Fishing Gear’

Gear mesh size

ME

Size of mesh (in millimetres)

Gear height

GD

Gear height (in metres)

Gear length

GL

Gear length (in metres)

Species name

SN

Name of the species caught (FAO alpha-3 code)

Weight of fish

WT

Weight of live fish (in kilograms)

Number of fish

NF

Number of fish caught (when quota is allocated in numbers of fish, i.e. salmon)

Conversion factor

CF

Factors for the conversion of fish and fish product landed weights to live weight equivalents

Weight of fish landed

WL

Product weight in the landing declaration

Presentation of fish

PR

Letter code of the product presentation (way fish has been processed):

(WHL — whole fish, GUT — gutted, GUH gutted and headed, GUG — gutted and gilled, GUL — gutted liver in, GTF — gutted, tailed and finned, GUS — gutted, headed, skinned, FIL — filleted, FIS — filleted and skinned, FSB — filleted with skin and bones, FSP — filleted skinned with pin bone on, HEA — headed, WNG — wings, WNG+SKI — wings and skinned, SKI — skinned, DIS — discarded)

Processing’s type of packaging

TY

Three-letter code (CRT = cartons, BOX = boxes, BGS = bags, BLC = blocks)

Transhipment: receiving vessel

TT

International radio call sign of the receiving vessel

Transhipment: (donor) vessel

TF

International radio call sign of the donor vessel

Transhipment: flag State of receiving vessel

TC

Flag State of vessel receiving the transhipment (ISO alpha-3 country code)

Transhipment: flag State of donor vessel

FC

Flag State of the donor vessel (ISO alpha-3 country code)

Deep sea additional codes

Average number of hooks used on longlines

NH

Average number of hooks per longline

Immersion time

IT

The total time gear was in the water (fishing) per 24-hour period

Fishing operations

FO

Number of fishing operations (hauls for nets and towed gears or longline shoots) per 24-hour period

Fishing depths

FD

Distance between the sea floor and the surface of the sea

Sales notes data elements

| Data elements | Field code | Description and content |
| --- | --- | --- |
| Start/end sales note element |
| Start of sales note declaration | SAL | Tag indicating start of sales note declaration (contains XR (RC, IR), NA, VO and MA attributes and SIF or TOV sub-elements) |
| Main elements |
| Sales note info | SIF | Tag containing details of a sale (contains DA, TI, SL, SC, NS, NB, CN and TD attributes and SIT sub-elements) |
| Take over info | TOV | Tag containing details of a take over declaration (contains DA, TI, SL, NS, NB, CN and TD attributes and SIT sub-elements) |
| Sub-elements |
| Sale item | SIT | Tag containing details of an item within a sale (contains FP, FF, SF, DL, PO, QC, PD and ZO attributes and SPE, POS and PRO sub-elements) |
| Species sub-declaration | SPE | Tag containing fish species details (contains SN, WT or WL or WS and MZ attributes and PRO sub-elements) |
| Processing sub-declaration | PRO | Tag containing fish processing details (contains PR, CF and TY attributes) |
| Attributes |
| Date | DA | Date of the sale (YYYYMMDD) |
| Time | TI | Time of the sale (HHMM in UTC) |
| Sale location | SL | Port code or place name (if not in port) where the sale took place |
| Sale country | SC | Country where the sale took place (ISO alpha-3 country code) |
| Vessel’s main identification | RC | International radio call sign |
| Vessel’s external identification | XR | Side (hull) number of registration of the vessel that landed the fish |
| Vessel’s identification (CFR) | IR | Community Fleet Register number |
| Name of vessel | NA | Name of the vessel that landed the fish |
| Name of vessel owner or master | VO | Name of the vessel owner or master |
| Name of seller | NS | Name of auction centre, other body or person selling the fish |
| Name of buyer | NB | Name of auction centre, other body or person buying the fish |
| Sales contract reference number | CN | Sales contract reference number |
| Transport document reference | TD | Reference to the transport or T 2 M document (Art. 13 of R. (EEC) No 2847/93) |
| Date of landing | DL | Date of landing (YYYYMMDD) |
| Port name | PO | Port code (port of landing) (2 letter country code (ISO alpha-3 country code) + 3 letter port code). I.e. for Edinburgh — GBEDI, Kiel — DEKEL or Vigo — ESVGO) |
| Species name | SN | Name of the species caught (FAO alpha-3 code) |
| Geographical area of origin | ZO | According to the FAO major fishing area classification, i.e. 27.3.24 [or III24] for the ICES subdivision 24 in the Baltic sea, 21.1F [or 1F] for NAFO division 21.1F, etc. |
| Quota country | QC | ISO alpha-3 country code of the vessel which lands fish received by transhipment in case flag state of donor and recipient vessel is different |
| Weight of fish sold | WS | Weight of fish sold (in kilograms) |
| Fish size category | SF | Size of fish (1-8; one size or kg, g, cm, mm or number of fish per kg as appropriate) |
| Fish freshness category | FF | Fish freshness category (Extra, A, B, E) |
| Minimum fish size | MZ | Minimum size of fish (in millimetres) |
| Conversion factor | CF | Factors for the conversion of fish and fish product landed weights to live weight equivalents |
| Presentation of fish | PR | Letter code of the product presentation (way fish has been processed):
  (WHL — whole fish, GUT — gutted, GUH gutted and headed, GUG — gutted and gilled, GUL — gutted liver in, GTF — gutted, tailed and finned, GUS — gutted, headed, skinned, FIL — filleted, FIS — filleted and skinned, FSB — filleted with skin and bones, FSP — filleted skinned with pin bone on, HEA — headed, WNG — wings, WNG+SKI — wings and skinned, SKI — skinned) |
| Processing’s type of packaging | TY | Three-letter code (CRT = cartons, BOX = boxes, BGS = bags, BLC = blocks) |
| Fish price | FP | Price per kg (currency of transaction/kg) |
| Product destination | PD | Codes for human consumption, carry-over, industrial purposes |

Data elements

Field code

Description and content

Start/end sales note element

Start of sales note declaration

SAL

Tag indicating start of sales note declaration (contains XR (RC, IR), NA, VO and MA attributes and SIF or TOV sub-elements)

Main elements

Sales note info

SIF

Tag containing details of a sale (contains DA, TI, SL, SC, NS, NB, CN and TD attributes and SIT sub-elements)

Take over info

TOV

Tag containing details of a take over declaration (contains DA, TI, SL, NS, NB, CN and TD attributes and SIT sub-elements)

Sub-elements

Sale item

SIT

Tag containing details of an item within a sale (contains FP, FF, SF, DL, PO, QC, PD and ZO attributes and SPE, POS and PRO sub-elements)

Species sub-declaration

SPE

Tag containing fish species details (contains SN, WT or WL or WS and MZ attributes and PRO sub-elements)

Processing sub-declaration

PRO

Tag containing fish processing details (contains PR, CF and TY attributes)

Attributes

Date

DA

Date of the sale (YYYYMMDD)

Time

TI

Time of the sale (HHMM in UTC)

Sale location

SL

Port code or place name (if not in port) where the sale took place

Sale country

SC

Country where the sale took place (ISO alpha-3 country code)

Vessel’s main identification

RC

International radio call sign

Vessel’s external identification

XR

Side (hull) number of registration of the vessel that landed the fish

Vessel’s identification (CFR)

IR

Community Fleet Register number

Name of vessel

NA

Name of the vessel that landed the fish

Name of vessel owner or master

VO

Name of the vessel owner or master

Name of seller

NS

Name of auction centre, other body or person selling the fish

Name of buyer

NB

Name of auction centre, other body or person buying the fish

Sales contract reference number

CN

Sales contract reference number

Transport document reference

TD

Reference to the transport or T 2 M document (Art. 13 of R. (EEC) No 2847/93)

Date of landing

DL

Date of landing (YYYYMMDD)

Port name

PO

Port code (port of landing) (2 letter country code (ISO alpha-3 country code) + 3 letter port code). I.e. for Edinburgh — GBEDI, Kiel — DEKEL or Vigo — ESVGO)

Species name

SN

Name of the species caught (FAO alpha-3 code)

Geographical area of origin

ZO

According to the FAO major fishing area classification, i.e. 27.3.24 [or III24] for the ICES subdivision 24 in the Baltic sea, 21.1F [or 1F] for NAFO division 21.1F, etc.

Quota country

QC

ISO alpha-3 country code of the vessel which lands fish received by transhipment in case flag state of donor and recipient vessel is different

Weight of fish sold

WS

Weight of fish sold (in kilograms)

Fish size category

SF

Size of fish (1-8; one size or kg, g, cm, mm or number of fish per kg as appropriate)

Fish freshness category

FF

Fish freshness category (Extra, A, B, E)

Minimum fish size

MZ

Minimum size of fish (in millimetres)

Conversion factor

CF

Factors for the conversion of fish and fish product landed weights to live weight equivalents

Presentation of fish

PR

Letter code of the product presentation (way fish has been processed):

(WHL — whole fish, GUT — gutted, GUH gutted and headed, GUG — gutted and gilled, GUL — gutted liver in, GTF — gutted, tailed and finned, GUS — gutted, headed, skinned, FIL — filleted, FIS — filleted and skinned, FSB — filleted with skin and bones, FSP — filleted skinned with pin bone on, HEA — headed, WNG — wings, WNG+SKI — wings and skinned, SKI — skinned)

Processing’s type of packaging

TY

Three-letter code (CRT = cartons, BOX = boxes, BGS = bags, BLC = blocks)

Fish price

FP

Price per kg (currency of transaction/kg)

Product destination

PD

Codes for human consumption, carry-over, industrial purposes

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| 8.11.2007 | EN | Official Journal of the European Union | L 290/14 |
| --- | --- | --- | --- |

8.11.2007

EN

Official Journal of the European Union

L 290/14

---

COMMISSION REGULATION (EC) No 1304/2007

of 7 November 2007

amending Council Directive 95/64/EC, Council Regulation (EC) No 1172/98, Regulations (EC) No 91/2003 and (EC) No 1365/2006 of the European Parliament and of the Council with respect to the establishment of NST 2007 as the unique classification for transported goods in certain transport modes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (1), and in particular Article 12 thereof,

Having regard to Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road (2), and in particular Article 3(4) thereof,

Having regard to Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics (3), and in particular Article 4(5) thereof,

Having regard to Regulation (EC) No 1365/2006 of the European Parliament and of the Council of 6 September 2006 on statistics of goods transport by inland waterways (4), and in particular Article 9 thereof,

Whereas:

| (1) | According to Directive 95/64/EC, Regulation (EC) No 1172/98 and Regulation (EC) No 91/2003, the standard goods classification for transport statistics (NST/R) is to be used to classify transported goods, respectively in maritime transport statistics, road freight transport statistics and rail transport statistics. |
| --- | --- |

(1)

According to Directive 95/64/EC, Regulation (EC) No 1172/98 and Regulation (EC) No 91/2003, the standard goods classification for transport statistics (NST/R) is to be used to classify transported goods, respectively in maritime transport statistics, road freight transport statistics and rail transport statistics.

| (2) | According to Regulation (EC) No 1365/2006, either NST/R or NST 2000 rev. 2 are to be used in the classification of transported goods in inland waterways statistics. |
| --- | --- |

(2)

According to Regulation (EC) No 1365/2006, either NST/R or NST 2000 rev. 2 are to be used in the classification of transported goods in inland waterways statistics.

| (3) | In June 2007, a new revision of NST 2000 (NST 2007) was adopted by the United Nations Economic Commission for Europe (UNECE) for reasons of consistency with the revised NACE (Statistical Classification of Economic Activities in the European Community). |
| --- | --- |

(3)

In June 2007, a new revision of NST 2000 (NST 2007) was adopted by the United Nations Economic Commission for Europe (UNECE) for reasons of consistency with the revised NACE (Statistical Classification of Economic Activities in the European Community).

| (4) | In order to provide a comparable statistical coverage of transported goods in all concerned modes of transport, it is necessary to adopt NST 2007 as the unique classification of transported goods in all concerned modes of transport; this should apply both to Member States when collecting national data and to the Commission when disseminating statistical information on transported goods. |
| --- | --- |

(4)

In order to provide a comparable statistical coverage of transported goods in all concerned modes of transport, it is necessary to adopt NST 2007 as the unique classification of transported goods in all concerned modes of transport; this should apply both to Member States when collecting national data and to the Commission when disseminating statistical information on transported goods.

| (5) | Directive 95/64/EC, Regulation (EC) No 1172/98, Regulation (EC) No 91/2003, and Regulation (EC) No 1365/2006 should therefore be amended accordingly. |
| --- | --- |

(5)

Directive 95/64/EC, Regulation (EC) No 1172/98, Regulation (EC) No 91/2003, and Regulation (EC) No 1365/2006 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom (5), |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom (5),

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Directive 95/64/EC

Annex III to Directive 95/64/EC is replaced by the text in the Annex to this Regulation.

Article 2

Amendment to Regulation (EC) No 1172/98

Annex D to Regulation (EC) No 1172/98 is replaced by the text in the Annex to this Regulation.

Article 3

Amendment to Regulation (EC) No 91/2003

Annex J to Regulation (EC) No 91/2003 is replaced by the text in the Annex to this Regulation.

Article 4

Amendment to Regulation (EC) No 1365/2006

Annex F to Regulation (EC) No 1365/2006 is replaced by the text in the Annex to this Regulation.

Article 5

Level of detail in Community statistics

The first level of the NST 2007 classification (the 20 Divisions) shall be used for the classification of the type of goods.

Article 6

Entry into force

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

Official Journal of the European Union

It shall apply from the reference year 2008, covering the 2008 data.

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

Done at Brussels, 7 November 2007.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 320, 30.12.1995, p. 25. Directive as last amended by Commission Decision 2005/366/EC (OJ L 123, 17.5.2005, p. 1).

1

(2)  
  OJ L 163, 6.6.1998, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p. 1).

2

(3)  
  OJ L 14, 21.1.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1192/2003 (OJ L 167, 4.7.2003, p. 13).

3

(4)  
  OJ L 264, 25.9.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 425/2007 (OJ L 103, 20.4.2007, p. 26).

4

(5)  
  OJ L 181, 28.6.1989, p. 47.

5

---

ANNEX

NST 2007

| Division | Description |
| --- | --- |
| 01 | Products of agriculture, hunting, and forestry; fish and other fishing products |
| 02 | Coal and lignite; crude petroleum and natural gas |
| 03 | Metal ores and other mining and quarrying products; peat; uranium and thorium |
| 04 | Food products, beverages and tobacco |
| 05 | Textiles and textile products; leather and leather products |
| 06 | Wood and products of wood and cork (except furniture); articles of straw and plaiting materials; pulp, paper and paper products; printed matter and recorded media |
| 07 | Coke and refined petroleum products |
| 08 | Chemicals, chemical products, and man-made fibres; rubber and plastic products; nuclear fuel |
| 09 | Other non-metallic mineral products |
| 10 | Basic metals; fabricated metal products, except machinery and equipment |
| 11 | Machinery and equipment n.e.c.; office machinery and computers; electrical machinery and apparatus n.e.c.; radio, television and communication equipment and apparatus; medical, precision and optical instruments; watches and clocks |
| 12 | Transport equipment |
| 13 | Furniture; other manufactured goods n.e.c. |
| 14 | Secondary raw materials; municipal wastes and other wastes |
| 15 | Mail, parcels |
| 16 | Equipment and material utilised in the transport of goods |
| 17 | Goods moved in the course of household and office removals; baggage transported separately from passengers; motor vehicles being moved for repair; other non-market goods n.e.c. |
| 18 | Grouped goods: a mixture of types of goods which are transported together |
| 19 | Unidentifiable goods: goods which for any reason cannot be identified and therefore cannot be assigned to groups 01–16. |
| 20 | Other goods n.e.c. |

Division

Description

01

Products of agriculture, hunting, and forestry; fish and other fishing products

02

Coal and lignite; crude petroleum and natural gas

03

Metal ores and other mining and quarrying products; peat; uranium and thorium

04

Food products, beverages and tobacco

05

Textiles and textile products; leather and leather products

06

Wood and products of wood and cork (except furniture); articles of straw and plaiting materials; pulp, paper and paper products; printed matter and recorded media

07

Coke and refined petroleum products

08

Chemicals, chemical products, and man-made fibres; rubber and plastic products; nuclear fuel

09

Other non-metallic mineral products

10

Basic metals; fabricated metal products, except machinery and equipment

11

Machinery and equipment n.e.c.; office machinery and computers; electrical machinery and apparatus n.e.c.; radio, television and communication equipment and apparatus; medical, precision and optical instruments; watches and clocks

12

Transport equipment

13

Furniture; other manufactured goods n.e.c.

14

Secondary raw materials; municipal wastes and other wastes

15

Mail, parcels

16

Equipment and material utilised in the transport of goods

17

Goods moved in the course of household and office removals; baggage transported separately from passengers; motor vehicles being moved for repair; other non-market goods n.e.c.

18

Grouped goods: a mixture of types of goods which are transported together

19

Unidentifiable goods: goods which for any reason cannot be identified and therefore cannot be assigned to groups 01–16.

20

Other goods n.e.c.

---

| 8.11.2007 | EN | Official Journal of the European Union | L 290/17 |
| --- | --- | --- | --- |

8.11.2007

EN

Official Journal of the European Union

L 290/17

---

COMMISSION REGULATION (EC) No 1305/2007

of 7 November 2007

amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42(7) thereof,

Whereas:

| (1) | The third subparagraph of Article 16(2) of Commission Regulation (EC) No 883/2006 (2) provides that payments made in anticipation by the Member States under their own responsibility prior to approval of the rural development programmes for the period 2007–13 must be declared in the first declaration of expenditure following the adoption of the programmes. This rule is laid down for programmes not approved by 31 March 2007. |
| --- | --- |

(1)

The third subparagraph of Article 16(2) of Commission Regulation (EC) No 883/2006 (2) provides that payments made in anticipation by the Member States under their own responsibility prior to approval of the rural development programmes for the period 2007–13 must be declared in the first declaration of expenditure following the adoption of the programmes. This rule is laid down for programmes not approved by 31 March 2007.

| (2) | A large number of programmes will not be able to be approved until after 16 October 2007. As a result, for 2007, the first year of the programming period, it will not be possible for most of the payments made in anticipation by the Member States to be covered by a declaration of expenditure in sufficient time for them to be taken into account for 2007. |
| --- | --- |

(2)

A large number of programmes will not be able to be approved until after 16 October 2007. As a result, for 2007, the first year of the programming period, it will not be possible for most of the payments made in anticipation by the Member States to be covered by a declaration of expenditure in sufficient time for them to be taken into account for 2007.

| (3) | Therefore, in order to facilitate the financial management of the rural development programmes, a new deadline should be laid down to enable the Member States, by derogation from the first subparagraph of Article 16(2) of Regulation (EC) No 883/2006, to make an additional, special declaration of expenditure for the payments in anticipation made by them under programmes approved by the Commission between 15 October and 12 December 2007. |
| --- | --- |

(3)

Therefore, in order to facilitate the financial management of the rural development programmes, a new deadline should be laid down to enable the Member States, by derogation from the first subparagraph of Article 16(2) of Regulation (EC) No 883/2006, to make an additional, special declaration of expenditure for the payments in anticipation made by them under programmes approved by the Commission between 15 October and 12 December 2007.

| (4) | Regulation (EC) No 883/2006 should therefore be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 883/2006 should therefore be amended accordingly.

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,

HAS ADOPTED THIS REGULATION:

Article 1

The following is hereby added to the third subparagraph of Article 16(2) of Regulation (EC) No 883/2006:

‘Notwithstanding the first subparagraph of this paragraph, in the case of rural development programmes approved by the Commission between 15 October and 12 December 2007, expenditure incurred in anticipation by the paying agencies up to and including 15 October 2007 shall be the subject of a special declaration of expenditure to be made by 12 December 2007.’

Article 2

This Regulation shall enter into force on the 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, 7 November 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 209, 11.8.2005, p. 1. Regulation amended by Regulation (EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1).

1

(2)  
  OJ L 171, 23.6.2006, p. 1.

2

---

| 8.11.2007 | EN | Official Journal of the European Union | L 290/18 |
| --- | --- | --- | --- |

8.11.2007

EN

Official Journal of the European Union

L 290/18

---

COMMISSION REGULATION (EC) No 1306/2007

of 7 November 2007

setting the allocation coefficient for issuing of licences applied for from 29 October to 2 November 2007 to import sugar products under tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules for the 2006/07, 2007/08 and 2008/09 marketing years for importing and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,

Whereas:

| (1) | Applications for import licences were submitted to the competent authority during the period from 29 October to 2 November 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial number 09.4365 (2007 to 2008). |
| --- | --- |

(1)

Applications for import licences were submitted to the competent authority during the period from 29 October to 2 November 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial number 09.4365 (2007 to 2008).

| (2) | In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached, |
| --- | --- |

(2)

In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of applications for import licences submitted from 29 October to 2 November 2007, in accordance with Article 4(2) of Regulation (EC) No 950/2006 or Article 5 of Regulation (EC) No 1832/2006.

Article 2

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

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

Done at Brussels, 7 November 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 58, 28.2.2006, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 1. Regulation as amended by Regulation (EC) No 2006/2006 (OJ L 379, 28.12.2006, p. 95).

2

(3)  
  OJ L 354, 14.12.2006, p. 8.

3

---

ANNEX

ACP-India Preferential Sugar

Title IV of Regulation (EC) No 950/2006

2007/2008 marketing year

| Serial No | Country | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4331 | Barbados | 100 | |
| 09.4332 | Belize | 100 | |
| 09.4333 | Côte d’Ivoire | 100 | |
| 09.4334 | Republic of the Congo | 100 | |
| 09.4335 | Fiji | 100 | |
| 09.4336 | Guyana | 100 | |
| 09.4337 | India | 0 | Reached |
| 09.4338 | Jamaica | 100 | |
| 09.4339 | Kenya | 100 | |
| 09.4340 | Madagascar | 100 | |
| 09.4341 | Malawi | 100 | |
| 09.4342 | Mauritius | 100 | |
| 09.4343 | Mozambique | 0 | Reached |
| 09.4344 | Saint Kitts and Nevis | — | |
| 09.4345 | Suriname | — | |
| 09.4346 | Swaziland | 100 | |
| 09.4347 | Tanzania | 100 | |
| 09.4348 | Trinidad and Tobago | 100 | |
| 09.4349 | Uganda | — | |
| 09.4350 | Zambia | 100 | |
| 09.4351 | Zimbabwe | 100 | |

Serial No

Country

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4331

Barbados

100

09.4332

Belize

100

09.4333

Côte d’Ivoire

100

09.4334

Republic of the Congo

100

09.4335

Fiji

100

09.4336

Guyana

100

09.4337

India

0

Reached

09.4338

Jamaica

100

09.4339

Kenya

100

09.4340

Madagascar

100

09.4341

Malawi

100

09.4342

Mauritius

100

09.4343

Mozambique

0

Reached

09.4344

Saint Kitts and Nevis

—

09.4345

Suriname

—

09.4346

Swaziland

100

09.4347

Tanzania

100

09.4348

Trinidad and Tobago

100

09.4349

Uganda

—

09.4350

Zambia

100

09.4351

Zimbabwe

100

Complementary Sugar

Title V of Regulation (EC) No 950/2006

2007/2008 marketing year

| Serial No | Country | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4315 | India | — | |
| 09.4316 | ACP Protocol signatory countries | — | |

Serial No

Country

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4315

India

—

09.4316

ACP Protocol signatory countries

—

CXL Concessions Sugar

Title VI of Regulation (EC) No 950/2006

2007/2008 marketing year

| Serial No | Country | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4317 | Australia | 0 | Reached |
| 09.4318 | Brazil | 0 | Reached |
| 09.4319 | Cuba | 0 | Reached |
| 09.4320 | Other third countries | 0 | Reached |

Serial No

Country

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4317

Australia

0

Reached

09.4318

Brazil

0

Reached

09.4319

Cuba

0

Reached

09.4320

Other third countries

0

Reached

Balkans sugar

Title VII of Regulation (EC) No 950/2006

2007/2008 marketing year

| Serial No | Country | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4324 | Albania | 100 | |
| 09.4325 | Bosnia and Herzegovina | 0 | Reached |
| 09.4326 | Serbia, Montenegro and Kosovo | 100 | |
| 09.4327 | Former Yugoslav Republic of Macedonia | 100 | |
| 09.4328 | Croatia | 100 | |

Serial No

Country

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4324

Albania

100

09.4325

Bosnia and Herzegovina

0

Reached

09.4326

Serbia, Montenegro and Kosovo

100

09.4327

Former Yugoslav Republic of Macedonia

100

09.4328

Croatia

100

Exceptional import sugar and industrial import sugar

Title VIII of Regulation (EC) No 950/2006

2007/2008 Marketing year

| Serial No | Type | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4380 | Exceptional | — | |
| 09.4390 | Industrial | — | |

Serial No

Type

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4380

Exceptional

—

09.4390

Industrial

—

Import of sugar under the transitional tariff quotas opened for Bulgaria and Romania

Chapter 1 Section 2 of Regulation (EC) No 1832/2006

2007/2008 marketing year

| Order No | Type | Week of 29.10.2007-2.11.2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4365 | Bulgaria | 100 | Reached |
| 09.4366 | Romania | 100 | |

Order No

Type

Week of 29.10.2007-2.11.2007: % of requested quantity to be granted

Limit

09.4365

Bulgaria

100

Reached

09.4366

Romania

100

---

Corrigenda

| 8.11.2007 | EN | Official Journal of the European Union | L 290/22 |
| --- | --- | --- | --- |

8.11.2007

EN

Official Journal of the European Union

L 290/22

---

Corrigendum to Council Decision 2007/670/CFSP of 1 October 2007 concerning the conclusion of an Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

(
  Official Journal of the European Union L 274 of 18 October 2007
  )

In the Agreement, the Annex on page 21 should read as follows:

‘ANNEX

DECLARATIONS

Referred to in Article 2(4) and (5)

Declaration by the EU Member States:

‘The EU Member States applying Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as their internal legal systems so permit, to waive on a reciprocal basis, as far as possible claims against New Zealand for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

| — | was caused by personnel from New Zealand in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct, |
| --- | --- |

—

was caused by personnel from New Zealand in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,

| — | or arose from the use of any assets owned by New Zealand, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel from New Zealand using those assets.’, |
| --- | --- |

—

or arose from the use of any assets owned by New Zealand, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel from New Zealand using those assets.’,

Declaration by New Zealand:

‘New Zealand being associated with Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) will endeavour, insofar as its internal legal system so permits, to waive on a reciprocal basis, as far as possible claims against any other State participating in EUPOL AFGHANISTAN for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL AFGHANISTAN if such injury, death, damage or loss:

| — | was caused by personnel in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct, |
| --- | --- |

—

was caused by personnel in the execution of their duties in connection with EUPOL AFGHANISTAN, except in case of gross negligence or wilful misconduct,

| — | or arose from the use of any assets owned by States participating in EUPOL AFGHANISTAN, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel using those assets.’ ’ |
| --- | --- |

—

or arose from the use of any assets owned by States participating in EUPOL AFGHANISTAN, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL AFGHANISTAN personnel using those assets.’ ’

---