# Official Journal L 288/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 288 |
| | |
| English edition | Legislation | Volume 5130 October 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 288

English edition

Legislation

Volume 5130 October 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 1063/2008 of 29 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1064/2008 of 29 October 2008 amending Regulation (EC) No 957/2008 derogating for the 2008/09 quota period from Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries | 3 |
| | | DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL |
| | * | Decision No 1065/2008/EC of the European Parliament and of the Council of 22 October 2008 repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community | 4 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 1063/2008 of 29 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1064/2008 of 29 October 2008 amending Regulation (EC) No 957/2008 derogating for the 2008/09 quota period from Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries

3

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

*

Decision No 1065/2008/EC of the European Parliament and of the Council of 22 October 2008 repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community

4

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/823/EC |
| | * | Commission Decision of 22 October 2008 amending Decision 95/319/EC setting up a Committee of Senior Labour Inspectors (
  1
  ) | 5 |
| | | 2008/824/EC |
| | * | Commission Decision of 22 October 2008 setting up a European Cluster Policy Group | 7 |

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

DECISIONS

Commission

2008/823/EC

*

Commission Decision of 22 October 2008 amending Decision 95/319/EC setting up a Committee of Senior Labour Inspectors (
  1
  )

1

5

2008/824/EC

*

Commission Decision of 22 October 2008 setting up a European Cluster Policy Group

7

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products ( OJ L 223, 21.8.2008 ) | 12 |
| | * | Corrigendum to Commission Directive 2006/27/EC of 3 March 2006 amending for the purposes of adapting to technical progress Council Directives 93/14/EEC on the braking of two- or three-wheel motor vehicles and 93/34/EEC on statutory markings for two- or three-wheel motor vehicles, Directives of the European Parliament and of the Council 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles and 97/24/EC on certain components and characteristics of two- or three-wheel motor vehicles ( OJ L 66, 8.3.2006 ) | 12 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products ( OJ L 223, 21.8.2008 )

12

*

Corrigendum to Commission Directive 2006/27/EC of 3 March 2006 amending for the purposes of adapting to technical progress Council Directives 93/14/EEC on the braking of two- or three-wheel motor vehicles and 93/34/EEC on statutory markings for two- or three-wheel motor vehicles, Directives of the European Parliament and of the Council 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles and 97/24/EC on certain components and characteristics of two- or three-wheel motor vehicles ( OJ L 66, 8.3.2006 )

12

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

*

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

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

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

EN

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

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

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

REGULATIONS

| 30.10.2008 | EN | Official Journal of the European Union | L 288/1 |
| --- | --- | --- | --- |

30.10.2008

EN

Official Journal of the European Union

L 288/1

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COMMISSION REGULATION (EC) No 1063/2008

of 29 October 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 30 October 2008.

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

Done at Brussels, 29 October 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 106,4 |
| MA | 37,4 |
| MK | 22,0 |
| TR | 70,0 |
| ZZ | 59,0 |
| 0707 00 05 | JO | 168,2 |
| TR | 126,5 |
| ZZ | 147,4 |
| 0709 90 70 | MA | 45,3 |
| TR | 128,9 |
| ZZ | 87,1 |
| 0805 50 10 | AR | 81,6 |
| MA | 95,3 |
| TR | 92,3 |
| ZA | 95,0 |
| ZZ | 91,1 |
| 0806 10 10 | BR | 232,2 |
| TR | 129,5 |
| US | 266,7 |
| ZZ | 209,5 |
| 0808 10 80 | CA | 96,2 |
| CN | 90,8 |
| MK | 37,6 |
| NZ | 73,8 |
| US | 144,3 |
| ZA | 81,8 |
| ZZ | 87,4 |
| 0808 20 50 | CN | 60,3 |
| ZA | 94,6 |
| ZZ | 77,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

106,4

MA

37,4

MK

22,0

TR

70,0

ZZ

59,0

0707 00 05

JO

168,2

TR

126,5

ZZ

147,4

0709 90 70

MA

45,3

TR

128,9

ZZ

87,1

0805 50 10

AR

81,6

MA

95,3

TR

92,3

ZA

95,0

ZZ

91,1

0806 10 10

BR

232,2

TR

129,5

US

266,7

ZZ

209,5

0808 10 80

CA

96,2

CN

90,8

MK

37,6

NZ

73,8

US

144,3

ZA

81,8

ZZ

87,4

0808 20 50

CN

60,3

ZA

94,6

ZZ

77,5

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 30.10.2008 | EN | Official Journal of the European Union | L 288/3 |
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30.10.2008

EN

Official Journal of the European Union

L 288/3

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COMMISSION REGULATION (EC) No 1064/2008

of 29 October 2008

amending Regulation (EC) No 957/2008 derogating for the 2008/09 quota period from Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 144(1) and 148 in conjunction with Article 4 thereof,

Having regard to Council Decision 2007/360/EC of 29 May 2007 on the conclusion of Agreements in the form of Agreed Minutes between the European Community and the Federative Republic of Brazil, and between the European Community and the Kingdom of Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) relating to the modification of concessions with respect to poultrymeat (2), and in particular Article 2 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 957/2008 (3) postpones the application period for certificates for products originating in Brazil until the first seven days of November 2008 for the third quota subperiod, which will run from 1 January to 31 March 2009. |
| --- | --- |

(1)

Commission Regulation (EC) No 957/2008 (3) postpones the application period for certificates for products originating in Brazil until the first seven days of November 2008 for the third quota subperiod, which will run from 1 January to 31 March 2009.

| (2) | In view of the continuing uncertainty regarding the conditions for issuing certificates of origin for products originating in Brazil and given the fact that additional time is needed to clarify the situation for operators with regard to those conditions, the application period for the quota subperiod in question should, at this stage, be postponed by a further month for imports from Brazil. |
| --- | --- |

(2)

In view of the continuing uncertainty regarding the conditions for issuing certificates of origin for products originating in Brazil and given the fact that additional time is needed to clarify the situation for operators with regard to those conditions, the application period for the quota subperiod in question should, at this stage, be postponed by a further month for imports from Brazil.

| (3) | Regulation (EC) No 957/2008 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 957/2008 should therefore be amended accordingly.

| (4) | As the application period for the next subperiod is due to begin on 1 November 2008, it is essential for this Regulation to apply from that date. |
| --- | --- |

(4)

As the application period for the next subperiod is due to begin on 1 November 2008, it is essential for this Regulation to apply from that date.

| (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

Article 1 of Regulation (EC) No 957/2008 is hereby replaced by the following:

‘Article 1

By way of derogation from Article 5(1) of Regulation (EC) No 616/2007, applications for certificates for products in groups 1, 4 and 7 for the quota subperiod beginning on 1 January 2009 may be submitted only in the first seven days of December 2008.’.

Article 2

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

It shall apply from 1 November 2008.

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

Done at Brussels, 29 October 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 138, 30.5.2007, p. 10.

2

(3)  
  OJ L 260, 30.9.2008, p. 12.

3

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DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

| 30.10.2008 | EN | Official Journal of the European Union | L 288/4 |
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30.10.2008

EN

Official Journal of the European Union

L 288/4

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DECISION No 1065/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 October 2008

repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 150(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Community policies on better regulation stress the importance of the simplification of national and Community legislation as a crucial element in improving the competitiveness of undertakings and in achieving the objectives of the Lisbon Agenda. |
| --- | --- |

(1)

Community policies on better regulation stress the importance of the simplification of national and Community legislation as a crucial element in improving the competitiveness of undertakings and in achieving the objectives of the Lisbon Agenda.

| (2) | Implementation of Council Decision 85/368/EEC (3) has not been effective in achieving the comparability of vocational qualifications for the benefit of workers seeking employment in another Member State. |
| --- | --- |

(2)

Implementation of Council Decision 85/368/EEC (3) has not been effective in achieving the comparability of vocational qualifications for the benefit of workers seeking employment in another Member State.

| (3) | The methods and approach used to describe and compare qualifications provided for in Decision 85/368/EEC differ from those currently applied in education and training systems. |
| --- | --- |

(3)

The methods and approach used to describe and compare qualifications provided for in Decision 85/368/EEC differ from those currently applied in education and training systems.

| (4) | Decision 85/368/EEC is superseded by the adoption of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (4). |
| --- | --- |

(4)

Decision 85/368/EEC is superseded by the adoption of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (4).

| (5) | Decision 85/368/EEC should therefore be repealed, |
| --- | --- |

(5)

Decision 85/368/EEC should therefore be repealed,

HAVE ADOPTED THIS DECISION:

Article 1

Decision 85/368/EEC shall be repealed.

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at Strasbourg, 22 October 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J.-P. JOUYET

---

(1)  
  OJ C 162, 25.6.2008, p. 90.

1

(2)  Opinion of the European Parliament of 20 May 2008 (not yet published in the Official Journal) and Council Decision of 25 September 2008.

2

(3)  
  OJ L 199, 31.7.1985, p. 56.

3

(4)  
  OJ C 111, 6.5.2008, p. 1.

4

---

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

DECISIONS

Commission

| 30.10.2008 | EN | Official Journal of the European Union | L 288/5 |
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30.10.2008

EN

Official Journal of the European Union

L 288/5

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COMMISSION DECISION

of 22 October 2008

amending Decision 95/319/EC setting up a Committee of Senior Labour Inspectors

(Text with EEA relevance)

(2008/823/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

| (1) | By Decision 95/319/EC (1) the Commission set up a Committee of Senior Labour Inspectors, hereinafter referred to as ‘the Committee’. |
| --- | --- |

(1)

By Decision 95/319/EC (1) the Commission set up a Committee of Senior Labour Inspectors, hereinafter referred to as ‘the Committee’.

| (2) | Recent enlargements of the European Union have effectively doubled the size of the Committee. The plenary meetings now comprise 54 Committee members. In the event of new enlargements this number will increase still further. |
| --- | --- |

(2)

Recent enlargements of the European Union have effectively doubled the size of the Committee. The plenary meetings now comprise 54 Committee members. In the event of new enlargements this number will increase still further.

| (3) | To enable the Committee to fulfil its tasks and allow the members of the Committee to engage in a practical, interactive exchange of experience and opinion, which is not feasible with such a large Committee, the number of members per Member State should be reduced from two to one. The Member States should be able to appoint an alternate member to attend meetings where the full member cannot be present. |
| --- | --- |

(3)

To enable the Committee to fulfil its tasks and allow the members of the Committee to engage in a practical, interactive exchange of experience and opinion, which is not feasible with such a large Committee, the number of members per Member State should be reduced from two to one. The Member States should be able to appoint an alternate member to attend meetings where the full member cannot be present.

| (4) | To guarantee the quality of the Committee's work, nominees for membership should be the senior representatives of the national labour inspection services with a mandate to carry out the tasks of the Committee. |
| --- | --- |

(4)

To guarantee the quality of the Committee's work, nominees for membership should be the senior representatives of the national labour inspection services with a mandate to carry out the tasks of the Committee.

| (5) | Provision should be made for each member or alternate member to be able to be accompanied by an expert at Committee meetings. For practical reasons relating to meeting organisation, notification of such experts' attendance should be given at least one month before the Committee meeting concerned. |
| --- | --- |

(5)

Provision should be made for each member or alternate member to be able to be accompanied by an expert at Committee meetings. For practical reasons relating to meeting organisation, notification of such experts' attendance should be given at least one month before the Committee meeting concerned.

| (6) | To facilitate the way working groups operate, it should be possible for them to be chaired by an expert from a national labour inspection service who is not a member of the Committee. |
| --- | --- |

(6)

To facilitate the way working groups operate, it should be possible for them to be chaired by an expert from a national labour inspection service who is not a member of the Committee.

| (7) | Specific categories of observers should be able to attend Committee meetings. |
| --- | --- |

(7)

Specific categories of observers should be able to attend Committee meetings.

| (8) | The Committee should adopt rules of procedure laying down the practical arrangements for its work. |
| --- | --- |

(8)

The Committee should adopt rules of procedure laying down the practical arrangements for its work.

| (9) | Decision 95/319/EC should be amended accordingly. |
| --- | --- |

(9)

Decision 95/319/EC should be amended accordingly.

| (10) | This Decision should take effect on 1 January 2010, the date on which a new term of office starts for members of the Committee, |
| --- | --- |

(10)

This Decision should take effect on 1 January 2010, the date on which a new term of office starts for members of the Committee,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 95/319/EC is amended as follows:

| 1. | Article 5 is amended as follows:






  (a) | paragraphs 1 and 2 are replaced by the following:

  ‘1.   The Committee shall comprise one full member per Member State.
  One alternate member may be appointed for each full member. An alternate member shall attend the Committee meetings only when the full member is unable to be present.


  2.   Full and alternate members of the Committee shall be appointed by the Commission on a proposal by the Member State.
  When submitting the names of their nominees to the Commission, the Member States shall ensure that these are the senior representatives of their labour inspection services with a mandate to carry out the tasks of the Committee.’; |
| --- | --- | --- |

1.

Article 5 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

‘1.   The Committee shall comprise one full member per Member State.

One alternate member may be appointed for each full member. An alternate member shall attend the Committee meetings only when the full member is unable to be present.

2.   Full and alternate members of the Committee shall be appointed by the Commission on a proposal by the Member State.

When submitting the names of their nominees to the Commission, the Member States shall ensure that these are the senior representatives of their labour inspection services with a mandate to carry out the tasks of the Committee.’;

| (b) | paragraph 5 is deleted; |
| --- | --- |

(b)

paragraph 5 is deleted;

| 2. | Article 8 is replaced by the following:

  ‘Article 8

  1.   The Committee may, in accordance with the representative of the Commission, invite any person with particular competence in respect of an item on the agenda to take part in its work.


  2.   Each member or alternate member may be accompanied by an expert, provided that the member submits a reasoned request to the chairman at least one month before the relevant Committee meeting.’; |
| --- | --- |

2.

Article 8 is replaced by the following:

‘Article 8

1.   The Committee may, in accordance with the representative of the Commission, invite any person with particular competence in respect of an item on the agenda to take part in its work.

2.   Each member or alternate member may be accompanied by an expert, provided that the member submits a reasoned request to the chairman at least one month before the relevant Committee meeting.’;

| 3. | in Article 9, paragraph 2 is replaced by the following:

  ‘2.   Working groups shall be chaired by a member of the Committee or an expert of the labour inspection services of the Member States, and shall consist of members of the Committee and/or experts, as the case may be. Working groups shall report to the Committee in plenary session.’; |
| --- | --- |

3.

in Article 9, paragraph 2 is replaced by the following:

‘2.   Working groups shall be chaired by a member of the Committee or an expert of the labour inspection services of the Member States, and shall consist of members of the Committee and/or experts, as the case may be. Working groups shall report to the Committee in plenary session.’;

| 4. | the following Article 9a is inserted:

  ‘Article 9a
  Neither members nor experts shall receive payment for their work.’; |
| --- | --- |

4.

the following Article 9a is inserted:

‘Article 9a

Neither members nor experts shall receive payment for their work.’;

| 5. | in Article 10, the following paragraph 3 is added:

  ‘3.   The following may attend meetings of the Committee as observers:






  (a) | a representative of the labour inspection service of each EEA/EFTA state; |
| --- | --- | --- |

5.

in Article 10, the following paragraph 3 is added:

‘3.   The following may attend meetings of the Committee as observers:

(a)

a representative of the labour inspection service of each EEA/EFTA state;

| (b) | the Director of the European Agency for Safety and Health at Work; |
| --- | --- |

(b)

the Director of the European Agency for Safety and Health at Work;

| (c) | a representative of the International Labour Organisation.’; |
| --- | --- |

(c)

a representative of the International Labour Organisation.’;

| 6. | the following Article 11a is inserted:

  ‘Article 11a
  The Committee shall adopt its rules of procedure, which shall lay down the practical arrangements for its work, including the convening of meetings and the organisation of working groups.’; |
| --- | --- |

6.

the following Article 11a is inserted:

‘Article 11a

The Committee shall adopt its rules of procedure, which shall lay down the practical arrangements for its work, including the convening of meetings and the organisation of working groups.’;

| 7. | in Article 12, paragraph 2 is replaced by the following:

  ‘2.   The Commission shall forward that report to the Council, the European Parliament, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work.’ |
| --- | --- |

7.

in Article 12, paragraph 2 is replaced by the following:

‘2.   The Commission shall forward that report to the Council, the European Parliament, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work.’

Article 2

This Decision shall take effect on 1 January 2010.

Done at Brussels, 22 October 2008.

For the Commission

Vladimír ŠPIDLA

Member of the Commission

---

(1)  
  OJ L 188, 9.8.1995, p. 11.

1

---

| 30.10.2008 | EN | Official Journal of the European Union | L 288/7 |
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30.10.2008

EN

Official Journal of the European Union

L 288/7

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COMMISSION DECISION

of 22 October 2008

setting up a European Cluster Policy Group

(2008/824/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

| (1) | Article 157 of the Treaty assigned the Community and the Member States the task of ensuring that the conditions necessary for the competitiveness of the Community's industry exist, as well as fostering better exploitation of the industrial potential of policies of innovation, research and technological development. |
| --- | --- |

(1)

Article 157 of the Treaty assigned the Community and the Member States the task of ensuring that the conditions necessary for the competitiveness of the Community's industry exist, as well as fostering better exploitation of the industrial potential of policies of innovation, research and technological development.

| (2) | Article 13 of Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013) (1), calls for action to foster sector-specific innovation, clusters, innovation networks, public-private innovation partnerships and cooperation with relevant international organisations, and the use of innovation management. |
| --- | --- |

(2)

Article 13 of Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013) (1), calls for action to foster sector-specific innovation, clusters, innovation networks, public-private innovation partnerships and cooperation with relevant international organisations, and the use of innovation management.

| (3) | In its Communication ‘Putting knowledge into practice: A broad-based innovation strategy for the EU’ (2) the Commission recognises the important role of clusters for competitiveness and innovation as instruments for closing the gap between business, research and resources, thereby bringing knowledge faster to the market, and calls for a strategic policy orientation and cooperation. |
| --- | --- |

(3)

In its Communication ‘Putting knowledge into practice: A broad-based innovation strategy for the EU’ (2) the Commission recognises the important role of clusters for competitiveness and innovation as instruments for closing the gap between business, research and resources, thereby bringing knowledge faster to the market, and calls for a strategic policy orientation and cooperation.

| (4) | In its conclusions of 4 December 2006 the Competitiveness Council identified clusters as one of the nine strategic priorities for the implementation of the broad-based European innovation strategy. |
| --- | --- |

(4)

In its conclusions of 4 December 2006 the Competitiveness Council identified clusters as one of the nine strategic priorities for the implementation of the broad-based European innovation strategy.

| (5) | The European Council of 13 and 14 March 2008 stressed in its conclusions that the framework conditions for innovation should be better coordinated, including through improved science-industry linkages and world-class innovation clusters and the development of regional clusters and networks. |
| --- | --- |

(5)

The European Council of 13 and 14 March 2008 stressed in its conclusions that the framework conditions for innovation should be better coordinated, including through improved science-industry linkages and world-class innovation clusters and the development of regional clusters and networks.

| (6) | The European Cluster Memorandum, launched at the European Presidency Conference on Innovation and Clusters in Stockholm on 22 and 23 January 2008 and signed by more than 70 national and regional authorities and agencies, marked an important step for further encouraging cluster development. |
| --- | --- |

(6)

The European Cluster Memorandum, launched at the European Presidency Conference on Innovation and Clusters in Stockholm on 22 and 23 January 2008 and signed by more than 70 national and regional authorities and agencies, marked an important step for further encouraging cluster development.

| (7) | The European Cluster Alliance, which currently brings together more than 70 partner organisations across Europe, was a first step towards cluster policy cooperation across the EU. |
| --- | --- |

(7)

The European Cluster Alliance, which currently brings together more than 70 partner organisations across Europe, was a first step towards cluster policy cooperation across the EU.

| (8) | In its opinion on clusters and cluster policy adopted on 19 June 2008, the Committee of the Regions calls for the setting-up of a High Level Expert Group on Clusters, which could serve as a platform for discussing the implementation of a general strategic framework for clusters. |
| --- | --- |

(8)

In its opinion on clusters and cluster policy adopted on 19 June 2008, the Committee of the Regions calls for the setting-up of a High Level Expert Group on Clusters, which could serve as a platform for discussing the implementation of a general strategic framework for clusters.

| (9) | In the Communication from the Commission ‘Towards world-class clusters in the European Union: Implementing the broad-based innovation strategy’ (3), the establishment of a European Cluster Policy Group is identified as an important step of the policy agenda in support of world-class clusters in the EU. |
| --- | --- |

(9)

In the Communication from the Commission ‘Towards world-class clusters in the European Union: Implementing the broad-based innovation strategy’ (3), the establishment of a European Cluster Policy Group is identified as an important step of the policy agenda in support of world-class clusters in the EU.

| (10) | It is therefore necessary to set up a European Cluster Policy Group and define its tasks and structure. |
| --- | --- |

(10)

It is therefore necessary to set up a European Cluster Policy Group and define its tasks and structure.

| (11) | With a view to achieving the above-mentioned objectives the Commission needs to call upon the contributions of policy makers and experts in the field of cluster development. |
| --- | --- |

(11)

With a view to achieving the above-mentioned objectives the Commission needs to call upon the contributions of policy makers and experts in the field of cluster development.

| (12) | The European Cluster Policy Group should share intelligence about cluster policies with a view to further exploring how to better assist Member States in supporting the emergence of world-class clusters in the EU. |
| --- | --- |

(12)

The European Cluster Policy Group should share intelligence about cluster policies with a view to further exploring how to better assist Member States in supporting the emergence of world-class clusters in the EU.

| (13) | The European Cluster Policy Group should be composed of high-level members with experience and competence in the field of competitiveness and innovation policies and with a very good understanding of the role and functioning of clusters in economic development. |
| --- | --- |

(13)

The European Cluster Policy Group should be composed of high-level members with experience and competence in the field of competitiveness and innovation policies and with a very good understanding of the role and functioning of clusters in economic development.

| (14) | Rules on disclosure of information by members of the European Cluster Policy Group should be provided for, without prejudice to the rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4). |
| --- | --- |

(14)

Rules on disclosure of information by members of the European Cluster Policy Group should be provided for, without prejudice to the rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

| (15) | Personal data relating to members of the European Cluster Policy Group should be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). |
| --- | --- |

(15)

Personal data relating to members of the European Cluster Policy Group should be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

| (16) | It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension, |
| --- | --- |

(16)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

The European Cluster Policy Group

The European Cluster Policy Group, hereinafter referred to as ‘the Group’, is hereby set up by the Commission.

Article 2

Tasks

The Group shall have the following tasks:

| (a) | to improve the Commission’s and the Member States’ understanding of modern policy responses in support of cluster excellence; |
| --- | --- |

(a)

to improve the Commission’s and the Member States’ understanding of modern policy responses in support of cluster excellence;

| (b) | to identify and further analyse successful and unsuccessful practices in support of clusters, and make recommendations on how to better design cluster policies in the Community; |
| --- | --- |

(b)

to identify and further analyse successful and unsuccessful practices in support of clusters, and make recommendations on how to better design cluster policies in the Community;

| (c) | to assess international trends in cluster development and identify future challenges for cluster policies in response to globalisation; |
| --- | --- |

(c)

to assess international trends in cluster development and identify future challenges for cluster policies in response to globalisation;

| (d) | to explore tools for removing existing barriers to trans-national cluster cooperation; |
| --- | --- |

(d)

to explore tools for removing existing barriers to trans-national cluster cooperation;

| (e) | to analyse complementarities among the main policies and financial instruments at Community level that support clusters, draw conclusions and formulate recommendations; |
| --- | --- |

(e)

to analyse complementarities among the main policies and financial instruments at Community level that support clusters, draw conclusions and formulate recommendations;

| (f) | to liaise with the European Cluster Alliance and where appropriate with other initiatives in support of clusters and cluster policies, and draw from their practical experiences; |
| --- | --- |

(f)

to liaise with the European Cluster Alliance and where appropriate with other initiatives in support of clusters and cluster policies, and draw from their practical experiences;

| (g) | to conduct up to a maximum of three exploratory study visits within the term of office of the members, with a view to learning from international experience; |
| --- | --- |

(g)

to conduct up to a maximum of three exploratory study visits within the term of office of the members, with a view to learning from international experience;

| (h) | to collaborate with a view to communicating the discussion and common findings to the public; |
| --- | --- |

(h)

to collaborate with a view to communicating the discussion and common findings to the public;

| (i) | to provide the Commission with a mid-term report nine months after its launch and a final report at the end of its term summarising progress on the tasks and recommendations. The final report should be made publicly available. |
| --- | --- |

(i)

to provide the Commission with a mid-term report nine months after its launch and a final report at the end of its term summarising progress on the tasks and recommendations. The final report should be made publicly available.

The Chairperson shall participate in relevant conferences and events presenting the key findings of the Group.

Article 3

Membership — Appointment

1.   Members of the Group shall be appointed by the Commission from high-level specialists with competence in the areas under Article 2, who have responded to the Call for Applications. The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s deliberations whenever appropriate.

2.   The group shall be composed of a maximum of 20 members.

3.   Members of the Group shall be appointed for a term of 18 months.

4.   The members shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.

5.   Members of the Group shall remain in office until such time as they are replaced or their mandate ends.

6.   Members who are no longer capable of contributing effectively to the deliberations of the Group, who resign or who do not comply with the conditions set out in the paragraph 4 of this Article or in Article 287 of the Treaty may be replaced for the remainder of their term of office.

7.   Members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.

8.   The names of members appointed in a personal capacity shall be published on the Internet site of the Directorate-General for Enterprise and Industry and in C series of the Official Journal of the European Union. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 4

Operation

1.   The Commission shall appoint the Chairperson of the Group.

2.   Information obtained by participating in the deliberations of the Group shall not be divulged if the Commission considers that such information relates to confidential matters without prejudice to the rules on security as set out in the Annex to Decision 2001/844/EC, ECSC, Euratom.

3.   The Group shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services to the Group. Commission officials with an interest in the proceedings may attend meetings of the Group.

4.   The Group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.

5.   The Commission may publish or place on the Internet, in the original language of the document concerned, any summary, conclusion or part of a conclusion or working document of the Group.

Article 5

Meeting expenses

The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses for members of the Group in connection with the activities of the Group in accordance with the rules of the Commission on the compensation of external experts.

Members of the Group shall not be remunerated for the services they render.

Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Article 6

Expiry

The Decision shall expire on 30 June 2011.

Done at Brussels, 22 October 2008.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 310, 9.11.2006, p. 15.

1

(2)  COM(2006) 502 final, 13.9.2006.

2

(3)  COM(2008) 652, 17.10.2008.

3

(4)  
  OJ L 317, 3.12.2001, p. 1.

4

(5)  
  OJ L 8, 12.1.2001, p. 1.

5

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ANNEX

European Cluster Policy Group

TERMS OF REFERENCE

1.   Background

A ‘High-Level Advisory Group on Clusters’ was established in December 2006 under the Europe INNOVA Initiative with the mission to steer cluster policy discussions in Europe and develop a cluster agenda of common actions that would foster trans-national cooperation. The group played the lead role in the preparation of the ‘European Cluster Memorandum’
   (1) launched at the European Presidency Conference on Innovation and Clusters in Stockholm on 22-23 January 2008 and signed by more than 70 national and regional authorities and agencies.

The Communication ‘Towards world-class clusters in the European Union: Implementing the broad-based innovation strategy’
   (2) adopted on 17.10.2008 foresees the establishment of a European Cluster Policy Group to help Member States to develop a more strategic vision to reach critical mass and world-class excellence. This Group will replace the current ‘High-Level Advisory Group on Clusters’ and raise its profile and visibility.

2.   Mandate of the European Cluster Policy Group

The scope and objective of the European Cluster Policy Group is to share intelligence about cluster policies in view to further explore how to better assist Member States in supporting the emergence of world-class clusters in the EU.

The tasks of the Group are:

| — | to improve the Commission’s and the Member States’ understanding of modern policy responses in support of cluster excellence; |
| --- | --- |

—

to improve the Commission’s and the Member States’ understanding of modern policy responses in support of cluster excellence;

| — | to identify and further analyse successful and unsuccessful practices in support of clusters, and make recommendations on how to better design cluster policies in the Community; |
| --- | --- |

—

to identify and further analyse successful and unsuccessful practices in support of clusters, and make recommendations on how to better design cluster policies in the Community;

| — | to assess international trends in cluster development and identify future challenges for cluster policies in response to globalisation; |
| --- | --- |

—

to assess international trends in cluster development and identify future challenges for cluster policies in response to globalisation;

| — | to explore tools for removing existing barriers to trans-national cluster cooperation; |
| --- | --- |

—

to explore tools for removing existing barriers to trans-national cluster cooperation;

| — | to analyse complementarities among the main policies and financial instruments at Community level that support clusters, draw conclusions and recommendations; |
| --- | --- |

—

to analyse complementarities among the main policies and financial instruments at Community level that support clusters, draw conclusions and recommendations;

| — | to liaise with the European Cluster Alliance and where appropriate with other initiatives in support of clusters and cluster policies, and draw from their practical experiences; |
| --- | --- |

—

to liaise with the European Cluster Alliance and where appropriate with other initiatives in support of clusters and cluster policies, and draw from their practical experiences;

| — | to conduct up to a maximum of three exploratory study visits within the term of the members, with a view to learning from international experience; |
| --- | --- |

—

to conduct up to a maximum of three exploratory study visits within the term of the members, with a view to learning from international experience;

| — | to collaborate with a view to communicating the discussion and common findings to the public; |
| --- | --- |

—

to collaborate with a view to communicating the discussion and common findings to the public;

| — | to provide the Commission with a mid-term report nine months after its launch and a final report at the end of its full period summarising progress on the tasks and recommendations. The final report should be made publicly available. |
| --- | --- |

—

to provide the Commission with a mid-term report nine months after its launch and a final report at the end of its full period summarising progress on the tasks and recommendations. The final report should be made publicly available.

The Chairperson shall participate at relevant conferences and events and shall present the results and key findings of the Group. The reports will not be considered as reflecting the views of the Commission services.

3.   Composition and Operation

3.1.   Composition

The European Cluster Policy Group will be composed of a maximum of 20 high-level members with experience and competence in the field of competitiveness and innovation policies. The Group shall consist of members representing high-level policy makers, businesses and research and higher education institutions.

Representatives from European institutions may participate at the meetings and in the activities of the Group as observers.

3.2.   Call for Applications

The Group will be set up through an open Call for Applications, which shall provide a duly motivated submission, stating reasons for the desired participation in the Group. The following criteria will govern the selection of experts:

| — | Members should have outstanding expertise and experience in the field of competitiveness and innovation policies at regional, national and community levels and should have a very good understanding about the role of clusters in economic development in order to ensure that the analysis and recommendations produced are feasible and respect the institutional and legal framework of the EU. |
| --- | --- |

—

Members should have outstanding expertise and experience in the field of competitiveness and innovation policies at regional, national and community levels and should have a very good understanding about the role of clusters in economic development in order to ensure that the analysis and recommendations produced are feasible and respect the institutional and legal framework of the EU.

| — | Members should have strong experience in European affairs and working in an international environment. |
| --- | --- |

—

Members should have strong experience in European affairs and working in an international environment.

| — | Members should be fluent in English both oral and written at a level which allows them to contribute to discussions and preparation of reports. |
| --- | --- |

—

Members should be fluent in English both oral and written at a level which allows them to contribute to discussions and preparation of reports.

Applications received from interested parties should be accompanied by material demonstrating that the proposed candidate meets the above conditions.

Members of the Group are appointed for an 18-month mandate. In case a chosen expert is unavailable at the time of composition of the Group or during its existence, the Commission shall decide upon a suitable replacement from the pool of eligible proposals submitted.

3.3.   Final determination of Group composition

The Commission will decide upon the final composition of the Group on the basis of proposals submitted in response to the Call for Applications.

The Commission will select the proposed experts, who best embody the required expertise in respect of the matters covered by the mandate for the Group, as amongst others evidenced by prior experience in proposing or implementing solutions to these problems within their administration, parent organisation, association or industry.

In addition, the Commission will aim at ensuring a broad geographical coverage, a balanced gender composition and a good representation of different stakeholders on the basis of proposals received.

3.4.   Chairperson

The Commission shall select the Chairperson having regard to the extent to which the selected person credibly represents the key stakeholders’ interests, contributes to defining/shaping the views on cluster policy in respect of the matters covered by the mandate and embodies the required expertise. The Commission shall appoint the Chairperson for a mandate of 18 months.

3.5.   Operation

The Group will meet 4 times and is chaired by the appointed Chairperson. The Group will be facilitated by a Secretariat, provided by an External Contractor. The External Contractor will provide administrative assistance to the Group, including the organisation of meetings and study visits, facilitating internal communication, and reimbursement of travel and accommodation costs of the members. Furthermore the Secretariat will be in charge of the organisation of the final public event, as well as the finalisation and dissemination of the final report. Information obtained by participating in the Group’s deliberations may not be divulged if the Commission says that this relates to confidential matters.

3.6.   Duration

The tasks of the Group shall be completed within a period of 18 months.

3.7.   Expenses of members of the Group

The Commission will launch an open Call for Tender in order to select the External Contractor who will be in charge of providing the secretarial services to the Group and will reimburse within this service contract the travel and accommodation expenses incurred by members in connection with the Group’s activities.

---

(1)  The text of the European Cluster Memorandum is available at http://www.proinno-europe.eu/NWEV/uploaded_documents/European_Cluster_Memorandum.pdf

(2)  COM(2008) 652, 17.10.2008.

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Corrigenda

| 30.10.2008 | EN | Official Journal of the European Union | L 288/12 |
| --- | --- | --- | --- |

30.10.2008

EN

Official Journal of the European Union

L 288/12

---

Corrigendum to Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products

(
  Official Journal of the European Union L 223 of 21 August 2008
  )

On page 6, Article 7(1):

for:

‘1.   An operator seeking aid shall either lodge a tender in accordance with Article (9)(1), or an application in accordance with Article 16(1) with the competent authorities of the Member States where the products are stored or will be stored.’,

read:

‘1.   An operator seeking aid shall either lodge a tender in accordance with Article (10)(1), or an application in accordance with Article 17(1) with the competent authorities of the Member States where the products are stored or will be stored.’.

---

| 30.10.2008 | EN | Official Journal of the European Union | L 288/12 |
| --- | --- | --- | --- |

30.10.2008

EN

Official Journal of the European Union

L 288/12

---

Corrigendum to Commission Directive 2006/27/EC of 3 March 2006 amending for the purposes of adapting to technical progress Council Directives 93/14/EEC on the braking of two- or three-wheel motor vehicles and 93/34/EEC on statutory markings for two- or three-wheel motor vehicles, Directives of the European Parliament and of the Council 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles and 97/24/EC on certain components and characteristics of two- or three-wheel motor vehicles

(
  Official Journal of the European Union L 66 of 8 March 2006
  )

On page 9, Annex I:

for:

Formula

read:

Formula

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30.10.2008

| 30.10.2008 | EN | Official Journal of the European Union | L 288/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 288/s3

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NOTE TO THE READER

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

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

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