# Official Journal L 163/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 163 |
| | |
| English edition | Legislation | Volume 5023 June 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 163

English edition

Legislation

Volume 5023 June 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 709/2007 of 22 June 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 710/2007 of 22 June 2007 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year | 3 |
| | | Commission Regulation (EC) No 711/2007 of 22 June 2007 on the issuing of import licences for applications lodged in June 2007 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat | 5 |
| | * | Commission Regulation (EC) No 712/2007 of 22 June 2007 opening standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States | 7 |
| | * | Commission Regulation (EC) No 713/2007 of 21 June 2007 establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of Sweden | 14 |
| | | DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL |
| | * | Decision No 714/2007/EC of the European Parliament and of the Council of 20 June 2007 repealing Council Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough | 16 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 709/2007 of 22 June 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 710/2007 of 22 June 2007 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year

3

Commission Regulation (EC) No 711/2007 of 22 June 2007 on the issuing of import licences for applications lodged in June 2007 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat

5

*

Commission Regulation (EC) No 712/2007 of 22 June 2007 opening standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States

7

*

Commission Regulation (EC) No 713/2007 of 21 June 2007 establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of Sweden

14

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

*

Decision No 714/2007/EC of the European Parliament and of the Council of 20 June 2007 repealing Council Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough

16

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2007/436/EC, Euratom |
| | * | Council Decision of 7 June 2007 on the system of the European Communities’ own resources | 17 |
| | | Commission |
| | | 2007/437/EC |
| | * | Commission Decision of 19 June 2007 concerning the non-inclusion of haloxyfop-R in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance
  (notified under document number C(2007) 2548)

   (
  1
  ) | 22 |

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

DECISIONS

Council

2007/436/EC, Euratom

*

Council Decision of 7 June 2007 on the system of the European Communities’ own resources

17

Commission

2007/437/EC

*

Commission Decision of 19 June 2007 concerning the non-inclusion of haloxyfop-R in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance
  (notified under document number C(2007) 2548)

   (
  1
  )

(notified under document number C(2007) 2548)

1

22

| | | |
| --- | --- | --- |
| | * | Notice to readers(see page 3 of the cover) | s3 |

*

Notice to readers(see page 3 of the cover)

Notice to readers

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

| 23.6.2007 | EN | Official Journal of the European Union | L 163/1 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

L 163/1

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COMMISSION REGULATION (EC) No 709/2007

of 22 June 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 23 June 2007.

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

Done at Brussels, 22 June 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

---

ANNEX

to Commission Regulation of 22 June 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 | 41,5 |
| TR | 95,8 |
| ZZ | 68,7 |
| 0707 00 05 | JO | 159,1 |
| TR | 151,2 |
| ZZ | 155,2 |
| 0709 90 70 | TR | 86,3 |
| ZZ | 86,3 |
| 0805 50 10 | AR | 55,4 |
| TR | 92,6 |
| UY | 68,9 |
| ZA | 61,2 |
| ZZ | 69,5 |
| 0808 10 80 | AR | 100,6 |
| BR | 105,1 |
| CA | 102,7 |
| CL | 82,7 |
| CN | 105,4 |
| CO | 90,0 |
| NZ | 98,7 |
| US | 108,9 |
| UY | 47,1 |
| ZA | 98,5 |
| ZZ | 94,0 |
| 0809 10 00 | TR | 197,2 |
| ZZ | 197,2 |
| 0809 20 95 | TR | 274,0 |
| US | 368,8 |
| ZZ | 321,4 |
| 0809 30 10, 0809 30 90 | CL | 101,4 |
| US | 149,4 |
| ZA | 88,5 |
| ZZ | 113,1 |
| 0809 40 05 | IL | 251,3 |
| US | 222,0 |
| ZZ | 236,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

41,5

TR

95,8

ZZ

68,7

0707 00 05

JO

159,1

TR

151,2

ZZ

155,2

0709 90 70

TR

86,3

ZZ

86,3

0805 50 10

AR

55,4

TR

92,6

UY

68,9

ZA

61,2

ZZ

69,5

0808 10 80

AR

100,6

BR

105,1

CA

102,7

CL

82,7

CN

105,4

CO

90,0

NZ

98,7

US

108,9

UY

47,1

ZA

98,5

ZZ

94,0

0809 10 00

TR

197,2

ZZ

197,2

0809 20 95

TR

274,0

US

368,8

ZZ

321,4

0809 30 10, 0809 30 90

CL

101,4

US

149,4

ZA

88,5

ZZ

113,1

0809 40 05

IL

251,3

US

222,0

ZZ

236,7

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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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| 23.6.2007 | EN | Official Journal of the European Union | L 163/3 |
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23.6.2007

EN

Official Journal of the European Union

L 163/3

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COMMISSION REGULATION (EC) No 710/2007

of 22 June 2007

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year

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

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2006/2007 marketing year are fixed by Commission Regulation (EC) No 1002/2006 (3). These prices and duties have been last amended by Commission Regulation (EC) No 638/2007 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2006/2007 marketing year are fixed by Commission Regulation (EC) No 1002/2006 (3). These prices and duties have been last amended by Commission Regulation (EC) No 638/2007 (4).

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 23 June 2007.

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

Done at Brussels, 22 June 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 2011/2006 (OJ L 384, 29.12.2006, p. 1).

1

(2)  OJ L 178, 1.7.2006, p. 24. Regulation as amended by Regulation (EC) No 2031/2006 (OJ L 414, 30.12.2006, p. 43).

2

(3)  OJ L 179, 1.7.2006, p. 36.

3

(4)  OJ L 148, 9.6.2007, p. 3.

4

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ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 applicable from 23 June 2007

| (EUR) |
| --- |
| CN code | Representative price per 100 kg of the product concerned | Additional duty per 100 kg of the product concerned |
| 1701 11 10 (1) | 20,70 | 5,95 |
| 1701 11 90 (1) | 20,70 | 11,46 |
| 1701 12 10 (1) | 20,70 | 5,76 |
| 1701 12 90 (1) | 20,70 | 10,94 |
| 1701 91 00 (2) | 23,43 | 14,01 |
| 1701 99 10 (2) | 23,43 | 9,00 |
| 1701 99 90 (2) | 23,43 | 9,00 |
| 1702 90 99 (3) | 0,23 | 0,41 |

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10 (1)

20,70

5,95

1701 11 90 (1)

20,70

11,46

1701 12 10 (1)

20,70

5,76

1701 12 90 (1)

20,70

10,94

1701 91 00 (2)

23,43

14,01

1701 99 10 (2)

23,43

9,00

1701 99 90 (2)

23,43

9,00

1702 90 99 (3)

0,23

0,41

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(1)  Fixed for the standard quality defined in Annex I.III to Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).

(2)  Fixed for the standard quality defined in Annex I.II to Regulation (EC) No 318/2006.

(3)  Fixed per 1 % sucrose content.

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| 23.6.2007 | EN | Official Journal of the European Union | L 163/5 |
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23.6.2007

EN

Official Journal of the European Union

L 163/5

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COMMISSION REGULATION (EC) No 711/2007

of 22 June 2007

on the issuing of import licences for applications lodged in June 2007 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Having regard to Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultrymeat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,

Whereas:

| (1) | Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultrymeat sector. |
| --- | --- |

(1)

Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultrymeat sector.

| (2) | The applications for import licences lodged in June 2007 for the subperiod 1 July to 30 September 2007 and, for group 3, for the period 1 July 2007 to 30 June 2008 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for. |
| --- | --- |

(2)

The applications for import licences lodged in June 2007 for the subperiod 1 July to 30 September 2007 and, for group 3, for the period 1 July 2007 to 30 June 2008 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.

| (3) | The applications for import licences lodged in June 2007 for the subperiod 1 July to 30 September 2007 do not, for some quotas, cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod, |
| --- | --- |

(3)

The applications for import licences lodged in June 2007 for the subperiod 1 July to 30 September 2007 do not, for some quotas, cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 July to 30 September 2007 and, for group 3, for the period 1 July 2007 to 30 June 2008 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.

2.   The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 616/2007, to be added to the subperiod 1 October 2007 to 31 December 2007, are set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 23 June 2007.

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

Done at Brussels, 22 June 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

1

(2)  OJ L 238, 1.9.2006, p. 13. Regulation amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

2

(3)  OJ L 142, 5.6.2007, p. 3.

3

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ANNEX

| Group No | Order No | Allocation coefficient for import licence applications lodged for the subperiod 1.7.2007-30.9.2007
  (%) | Quantities not applied for to be added to the subperiod 1.10.2007-31.12.2007
  (kg) |
| --- | --- | --- | --- |
| 1 | 09.4211 | 5,718616 | — |
| 2 | 09.4212 | (1) | 27 783 000 |
| 4 | 09.4214 | 23,955918 | — |
| 5 | 09.4215 | 57,314324 | — |
| 6 | 09.4216 | (2) | 276 463 |
| 7 | 09.4217 | 18,881304 | — |
| 8 | 09.4218 | (2) | 2 484 800 |

Group No

Order No

Allocation coefficient for import licence applications lodged for the subperiod 1.7.2007-30.9.2007

(%)

Quantities not applied for to be added to the subperiod 1.10.2007-31.12.2007

(kg)

1

09.4211

5,718616

—

2

09.4212

(1)

27 783 000

4

09.4214

23,955918

—

5

09.4215

57,314324

—

6

09.4216

(2)

276 463

7

09.4217

18,881304

—

8

09.4218

(2)

2 484 800

| Group No | Order No | Allocation coefficient for import licence applications lodged for the period 1.7.2007-30.6.2008
  (%) |
| --- | --- | --- |
| 3 | 09.4213 | 6,006354 |

Group No

Order No

Allocation coefficient for import licence applications lodged for the period 1.7.2007-30.6.2008

(%)

3

09.4213

6,006354

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(1)  Not applied: no licence application has been sent to the Commission.

(2)  Not applied: the applications do not cover the total quantity available.

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| 23.6.2007 | EN | Official Journal of the European Union | L 163/7 |
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23.6.2007

EN

Official Journal of the European Union

L 163/7

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COMMISSION REGULATION (EC) No 712/2007

of 22 June 2007

opening standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 and the second paragraph of Article 24 thereof,

Whereas:

| (1) | Under Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedures and conditions for the sale of cereals held by intervention agencies (2), cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance. |
| --- | --- |

(1)

Under Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedures and conditions for the sale of cereals held by intervention agencies (2), cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

| (2) | The Member States have intervention stocks of maize, common wheat, barley and rye. To meet market needs, these stocks of cereals should be made available on the Community market. To this end, standing invitations to tender should be opened for the resale on the Community market of cereals held by the intervention agencies of the Member States. Each sale should be considered to constitute a separate invitation to tender. |
| --- | --- |

(2)

The Member States have intervention stocks of maize, common wheat, barley and rye. To meet market needs, these stocks of cereals should be made available on the Community market. To this end, standing invitations to tender should be opened for the resale on the Community market of cereals held by the intervention agencies of the Member States. Each sale should be considered to constitute a separate invitation to tender.

| (3) | Derogations should be made from the terms laid down by Regulation (EEC) No 2131/93 as regards the level of the security required. This security should be set at a sufficiently high level. |
| --- | --- |

(3)

Derogations should be made from the terms laid down by Regulation (EEC) No 2131/93 as regards the level of the security required. This security should be set at a sufficiently high level.

| (4) | To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price. |
| --- | --- |

(4)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

| (5) | With a view to the sound management of the system, provision should be made for the electronic transmission of the information required by the Commission. It is important for the notification by the intervention agencies to the Commission to maintain the anonymity of the tenderers. |
| --- | --- |

(5)

With a view to the sound management of the system, provision should be made for the electronic transmission of the information required by the Commission. It is important for the notification by the intervention agencies to the Commission to maintain the anonymity of the tenderers.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of the Member States listed in Annex I shall open standing invitations to tender for the sale on the Community market of cereals held by them. The maximum quantities of the different cereals covered by these invitations to tender are shown in Annex I.

Article 2

The sales referred to in Article 1 shall be carried out under the terms laid down by Regulation (EEC) No 2131/93. However, notwithstanding the second subparagraph of Article 13(4) of that Regulation, the tender security shall be set at EUR 10 per tonne.

Article 3

1.   The deadline for the submission of tenders for the first partial invitation to tender shall be 13.00 (Brussels time) on 4 July 2007.

The closing dates for the submission of tenders for subsequent partial invitations to tender shall be each Wednesday at 13.00 (Brussels time), with the exception of 1 August 2007, 15 August 2007, 22 August 2007, 5 September 2007, 19 September 2007, 3 October 2007, 17 October 2007, 31 October 2007, 14 November 2007, 28 November 2007, 12 December 2007, 26 December 2007, 2 January 2008, 16 January 2008, 23 January 2008, 6 February 2008, 20 February 2008, 5 March 2008, 19 March 2008, 2 April 2008, 16 April 2008, 30 April 2008, 14 May 2008, 21 May 2008, 4 June 2008 and 18 June 2008, i.e. weeks when no invitation to tender shall be made.

The closing date for the submission of tenders for the last partial invitation to tender shall be 13.00 (Brussels time) on 25 June 2008.

2.   Tenders must be lodged with the intervention agencies concerned at the addresses shown in Annex I.

Article 4

Within four hours of the expiry of the deadline for the submission of tenders laid down in Article 3(1), the intervention agencies concerned shall notify the Commission of tenders received. If no tenders are received, the Member State shall notify the Commission within the same time limits. If the Member State does not send a communication to the Commission within the given deadline, the Commission shall consider that no tender has been submitted in the Member State concerned.

The communications referred to in the first subparagraph shall be sent electronically, in accordance with the model in Annex II. A separate form for each type of cereal shall be sent to the Commission for each invitation to tender. The tenderers shall not be identified.

Article 5

1.   Under the procedure laid down in Article 25(2) of Regulation (EC) No 1784/2003, the Commission shall set the minimum selling price for each cereal or decide not to award any quantities.

2.   If the fixing of a minimum price, in accordance with paragraph 1, would lead to an overrun on the maximum quantity available to a Member State, an award coefficient may be fixed at the same time for the quantities offered at the minimum price in order to comply with the maximum quantity available to that Member State.

Article 6

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

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

Done at Brussels, 22 June 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 367/2007 (OJ L 91, 31.3.2007, p. 14).

2

---

ANNEX I

LIST OF INVITATIONS TO TENDER

| Member State | Quantities made available for sale on the Community market
  (tonnes) | Intervention Agency
  Name, address and contact details |
| --- | --- | --- |
| Common wheat | Barley | Maize | Rye |
| Belgique/België | 0 | — | — | — | Bureau d’intervention et de restitution belge |
| Rue de Trèves 82 |
| B-1040 Bruxelles |
| Belgisch Interventie- en Restitutiebureau |
| Trierstraat 82 |
| B-1040 Brussel |
| Tel. (32-2) 287 24 78 |
| Fax (32-2) 287 25 24 |
| e-mail: webmaster@birb.be |
| website: www.birb.be |

Member State

Quantities made available for sale on the Community market

(tonnes)

Intervention Agency

Name, address and contact details

Common wheat

Barley

Maize

Rye

Belgique/België

0

—

—

—

Bureau d’intervention et de restitution belge

Rue de Trèves 82

B-1040 Bruxelles

Belgisch Interventie- en Restitutiebureau

Trierstraat 82

B-1040 Brussel

Tel. (32-2) 287 24 78

Fax (32-2) 287 25 24

e-mail: webmaster@birb.be

website: www.birb.be

БЪЛГАРИЯ

—

—

—

—

| State Fund Agriculture |
| --- |
| 136, Tzar Boris III Blvd. |
| 1618, Sofia, Bulgaria |
| Tel.: (+359 2) 81 87 202 |
| Fax: (+359 2) 81 87 267 |
| E-mail: dfz@dfz.bg |
| website : www.mzgar.government.bg |

State Fund Agriculture

136, Tzar Boris III Blvd.

1618, Sofia, Bulgaria

Tel.: (+359 2) 81 87 202

Fax: (+359 2) 81 87 267

E-mail: dfz@dfz.bg

website : www.mzgar.government.bg

Česká republika

0

0

—

—

| Státní zemědělský intervenční fond |
| --- |
| Odbor rostlinných komodit |
| Ve Smečkách 33 |
| CZ-110 00 Praha 1 |
| Tel.: (420) 222 87 16 67/222 87 14 03 |
| Fax: (420) 296 80 64 04 |
| E-mail: dagmar.hejrovska@szif.cz |
| Internet: www.szif.cz |

Státní zemědělský intervenční fond

Odbor rostlinných komodit

Ve Smečkách 33

CZ-110 00 Praha 1

Tel.: (420) 222 87 16 67/222 87 14 03

Fax: (420) 296 80 64 04

E-mail: dagmar.hejrovska@szif.cz

Internet: www.szif.cz

Danmark

—

—

—

—

| Direktoratet for FødevareErhverv |
| --- |
| Nyropsgade 30 |
| DK-1780 København V |
| Téléphone: (45) 33 95 88 07 |
| Télécopieur: (45) 33 95 80 34 |
| e-mail: | mij@dffe.dk
  pah@dffe.dk |

Direktoratet for FødevareErhverv

Nyropsgade 30

DK-1780 København V

Téléphone: (45) 33 95 88 07

Télécopieur: (45) 33 95 80 34

e-mail:

mij@dffe.dk

pah@dffe.dk

website: www.dffe.dk

Deutschland

0

0

—

50 000

| Bundesanstalt für Landwirtschaft und Ernährung |
| --- |
| Deichmanns Aue 29 |
| D-53179 Bonn |
| Téléphone: (49-228) 68 45-3704 |
| télécopieur 1: (49-228) 68 45-3985 |
| télécopieur 2: (49-228) 68 45-3276 |
| e-mail: pflanzlErzeugnisse@ble.de |
| website : www.ble.de |

Bundesanstalt für Landwirtschaft und Ernährung

Deichmanns Aue 29

D-53179 Bonn

Téléphone: (49-228) 68 45-3704

télécopieur 1: (49-228) 68 45-3985

télécopieur 2: (49-228) 68 45-3276

e-mail: pflanzlErzeugnisse@ble.de

website : www.ble.de

Eesti

—

—

—

—

| Põllumajanduse Registrite ja Informatsiooni Amet |
| --- |
| Narva mnt 3, 51009 Tartu |
| Téléphone: (372) 7371 200 |
| Télécopieur: (372) 7371 201 |
| e-mail: pria@pria.ee |
| website: www.pria.ee |

Põllumajanduse Registrite ja Informatsiooni Amet

Narva mnt 3, 51009 Tartu

Téléphone: (372) 7371 200

Télécopieur: (372) 7371 201

e-mail: pria@pria.ee

website: www.pria.ee

Eire/Ireland

—

—

—

—

| Department of Agriculture & Food, Intervention Operations, OFI, Subsidies & Storage Division, |
| --- |
| Johnstown Castle Estate, |
| County Wexford, |
| Ireland |
| Téléphone: (353-53) 916 34 00 |
| Télécopieur: (353-53) 914 28 43 |
| website: www.agriculture.gov.ie |

Department of Agriculture & Food, Intervention Operations, OFI, Subsidies & Storage Division,

Johnstown Castle Estate,

County Wexford,

Ireland

Téléphone: (353-53) 916 34 00

Télécopieur: (353-53) 914 28 43

website: www.agriculture.gov.ie

Elláda

—

—

—

—

| Payment and Control Agency for Guidance and Guarantee Community Aids (OPEKEPE) |
| --- |
| Acharnon 241 |
| GR-104 46 Athens |
| Téléphone: (30-210) 212 47 87 και (30-210) 212 47 54 |
| Télécopieur: (30-210) 212 47 91 |
| e-mail: ax17u073@minagric.gr |
| website: www.opekepe.gr |

Payment and Control Agency for Guidance and Guarantee Community Aids (OPEKEPE)

Acharnon 241

GR-104 46 Athens

Téléphone: (30-210) 212 47 87 και (30-210) 212 47 54

Télécopieur: (30-210) 212 47 91

e-mail: ax17u073@minagric.gr

website: www.opekepe.gr

España

—

—

—

—

| S. Gral. Intervención de Mercados (FEGA) |
| --- |
| C/Almagro 33 — 28010 Madrid — España |
| Téléphone: (34-91) 3474765 |
| Télécopieur: (34-91)3474838 |
| e-mail: sgintervencion@fega.mapa.es |
| website: www.fega.es |

S. Gral. Intervención de Mercados (FEGA)

C/Almagro 33 — 28010 Madrid — España

Téléphone: (34-91) 3474765

Télécopieur: (34-91)3474838

e-mail: sgintervencion@fega.mapa.es

website: www.fega.es

France

0

0

—

—

| Office national interprofessionnel des grandes cultures (ONIGC) |
| --- |
| 12, rue Henri-Roltanguy TSA 20002 |
| F-93555 Montreuil sous Bois Cedex |
| Téléphone: (33) 173 30 20 20 |
| Télécopieur: (33) 173 30 20 08 |
| E-mail: | Catherine.LESCOUARC'H@onigc.fr;
  Philippe.BONNARD@onigc.fr |

Office national interprofessionnel des grandes cultures (ONIGC)

12, rue Henri-Roltanguy TSA 20002

F-93555 Montreuil sous Bois Cedex

Téléphone: (33) 173 30 20 20

Télécopieur: (33) 173 30 20 08

E-mail:

Catherine.LESCOUARC'H@onigc.fr;

Philippe.BONNARD@onigc.fr

website: www.onigc.fr

Italia

—

—

—

—

| Agenzia per le Erogazioni in Agricoltura — AGEA |
| --- |
| Via Torino 45, I-00184 Roma |
| Téléphone: (39) 06 49 49 95 58 |
| Télécopieur: (39) 06 49 49 97 61 |
| e-mail: b.pennacchia@agea.gov.it |
| website: www.agea.gov.it |

Agenzia per le Erogazioni in Agricoltura — AGEA

Via Torino 45, I-00184 Roma

Téléphone: (39) 06 49 49 95 58

Télécopieur: (39) 06 49 49 97 61

e-mail: b.pennacchia@agea.gov.it

website: www.agea.gov.it

Kypros

—

—

—

—

Latvija

0

0

—

—

| Lauku atbalsta dienests |
| --- |
| Republikas laukums 2, |
| Rīga, LV-1981 |
| Téléphone: (371) 702 7893 |
| Télécopieur: (371) 702 7892 |
| e-mail: lad@lad.gov.lv |
| website: www.lad.gov.lv |

Lauku atbalsta dienests

Republikas laukums 2,

Rīga, LV-1981

Téléphone: (371) 702 7893

Télécopieur: (371) 702 7892

e-mail: lad@lad.gov.lv

website: www.lad.gov.lv

Lietuva

—

—

—

—

| The Lithuanian Agricultural and Food Products Market Regulation Agency |
| --- |
| L. Stuokos-Guceviciaus Str. 9–12, |
| Vilnius, Lithuania |
| Téléphon: (370-5) 268 50 49 |
| Télécopieur: (370-5) 268 50 61 |
| e-mail: info@litfood.lt |
| website: www.litfood.lt |

The Lithuanian Agricultural and Food Products Market Regulation Agency

L. Stuokos-Guceviciaus Str. 9–12,

Vilnius, Lithuania

Téléphon: (370-5) 268 50 49

Télécopieur: (370-5) 268 50 61

e-mail: info@litfood.lt

website: www.litfood.lt

Luxembourg

—

—

—

—

| Office des licences |
| --- |
| 21, rue Philippe II |
| Boîte postale 113 |
| L-2011 Luxembourg |
| Téléphone: (352) 478 23 70 |
| Télécopieur: (352) 46 61 38 |
| Télex: 2 537 AGRIM LU |

Office des licences

21, rue Philippe II

Boîte postale 113

L-2011 Luxembourg

Téléphone: (352) 478 23 70

Télécopieur: (352) 46 61 38

Télex: 2 537 AGRIM LU

Magyarország

0

0

500 000

—

| Mezőgazdasági és Vidékfejlesztési Hivatal |
| --- |
| Soroksári út. 22–24. |
| H-1095 Budapest |
| Téléphone (36-1) 219 45 76 |
| Télécopieur: (36-1) 219 89 05 |
| e-mail: ertekesites@mvh.gov.hu |
| website: www.mvh.gov.hu |

Mezőgazdasági és Vidékfejlesztési Hivatal

Soroksári út. 22–24.

H-1095 Budapest

Téléphone (36-1) 219 45 76

Télécopieur: (36-1) 219 89 05

e-mail: ertekesites@mvh.gov.hu

website: www.mvh.gov.hu

Malta

—

—

—

—

Nederland

—

—

—

—

| Dienst Regelingen Roermond |
| --- |
| Postbus 965, NL-6040 AZ Roermond |
| Téléphone: (31) 475 355 486 |
| Télécopieur: (31) 475 318939 |
| e-mail: p.a.c.m.van.de.lindeloof@minlnv.nl |
| website: www.minlnv.nl |

Dienst Regelingen Roermond

Postbus 965, NL-6040 AZ Roermond

Téléphone: (31) 475 355 486

Télécopieur: (31) 475 318939

e-mail: p.a.c.m.van.de.lindeloof@minlnv.nl

website: www.minlnv.nl

Österreich

—

—

—

—

| AMA (Agrarmarkt Austria) |
| --- |
| Dresdnerstraße 70 |
| A-1200 Wien |
| Téléphone: | (43-1) 331 51-258
  (43-1) 331 51-328 |
| Télécopieur: | (43-1) 331 51-4624
  (43-1) 331 51-4469 |

AMA (Agrarmarkt Austria)

Dresdnerstraße 70

A-1200 Wien

Téléphone:

(43-1) 331 51-258

(43-1) 331 51-328

Télécopieur:

(43-1) 331 51-4624

(43-1) 331 51-4469

e-mail: referat10@ama.gv.at

website: www.ama.at/intervention

Polska

—

0

—

—

| Agencja Rynku Rolnego |
| --- |
| Biuro Produktów Roślinnych |
| Nowy Świat 6/12 |
| 00-400 Warszawa |
| Polska |
| Téléphone: (48) 22 661 78 10 |
| télécopieur: (48) 22 661 78 26 |
| e-mail: cereals-intervention@arr.gov.pl |
| website: www.arr.gov.pl |

Agencja Rynku Rolnego

Biuro Produktów Roślinnych

Nowy Świat 6/12

00-400 Warszawa

Polska

Téléphone: (48) 22 661 78 10

télécopieur: (48) 22 661 78 26

e-mail: cereals-intervention@arr.gov.pl

website: www.arr.gov.pl

Portugal

—

—

—

—

| Instituto Nacional de Intervenção e Garantia Agrícola (INGA) |
| --- |
| Rua Fernando Curado Ribeiro, n.o 4G |
| 1649-034 Lisboa |
| Téléphone: | (351) 21 751 85 00
  (351) 21 384 60 00 |
| Télécopieur: | (351) 21 384 61 70 |

Instituto Nacional de Intervenção e Garantia Agrícola (INGA)

Rua Fernando Curado Ribeiro, n.o 4G

1649-034 Lisboa

Téléphone:

(351) 21 751 85 00

(351) 21 384 60 00

Télécopieur:

(351) 21 384 61 70

| e-mail: | inga@inga.min-agricultura.pt
  edalberto.santana@inga.min-agricultura.pt |
| --- | --- |

e-mail:

inga@inga.min-agricultura.pt

edalberto.santana@inga.min-agricultura.pt

website: www.inga.min-agricultura.pt

România

—

—

—

—

| Agenția de Plăți și Intervenție pentru Agricultură |
| --- |
| B-dul Carol I, nr. 17, sector 2 |
| București 030161 |
| România |
| Tel.: (40) 21 3054802, (40) 21 3054842 |
| Fax: (40) 21 3054803 |
| Website: www.apia.org.ro |

Agenția de Plăți și Intervenție pentru Agricultură

B-dul Carol I, nr. 17, sector 2

București 030161

România

Tel.: (40) 21 3054802, (40) 21 3054842

Fax: (40) 21 3054803

Website: www.apia.org.ro

Slovenija

—

—

—

—

| Agencija Republike Slovenije za kmetijske trge in razvoj podeželja |
| --- |
| Dunajska 160 |
| SI-1000 Ljubljana |
| Téléphone: (386-1) 580 76 52 |
| Télécopieur: (386-1) 478 92 00 |
| e-mail: aktrp@gov.si |
| website: www.arsktrp.gov.si |

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja

Dunajska 160

SI-1000 Ljubljana

Téléphone: (386-1) 580 76 52

Télécopieur: (386-1) 478 92 00

e-mail: aktrp@gov.si

website: www.arsktrp.gov.si

Slovensko

—

—

—

—

| Pôdohospodárska platobná agentúra |
| --- |
| Oddelenie obilnín a škrobu |
| Dobrovičova 12 |
| 815 26 Bratislava |
| Slovenská republika |
| tel.: (421-2) 58 24 32 71 |
| fax: (421-2) 53 41 26 65 |
| e-mail: jvargova@apa.sk |
| website: www.apa.sk |

Pôdohospodárska platobná agentúra

Oddelenie obilnín a škrobu

Dobrovičova 12

815 26 Bratislava

Slovenská republika

tel.: (421-2) 58 24 32 71

fax: (421-2) 53 41 26 65

e-mail: jvargova@apa.sk

website: www.apa.sk

Suomi/Finland

0

0

—

—

| Maaseutuvirasto |
| --- |
| PL 256 |
| FI-00101 HELSINKI |
| Tel: (358 (0)20) 772 007 |
| Fax: (358 (0)20) 7725 506, +358 (0)20 7725 508 |
| e-mail: markkinatukiosasto@mavi.fi |
| web site: www.mavi.fi |

Maaseutuvirasto

PL 256

FI-00101 HELSINKI

Tel: (358 (0)20) 772 007

Fax: (358 (0)20) 7725 506, +358 (0)20 7725 508

e-mail: markkinatukiosasto@mavi.fi

web site: www.mavi.fi

Sverige

0

0

—

—

| Statens jordbruksverk |
| --- |
| S-551 82 Jönköping |
| Tfn (46) 36 15 50 00 |
| Fax (46) 36 19 05 46 |
| E-post: jordbruksverket@sjv.se |
| Internet: www.sjv.se |

Statens jordbruksverk

S-551 82 Jönköping

Tfn (46) 36 15 50 00

Fax (46) 36 19 05 46

E-post: jordbruksverket@sjv.se

Internet: www.sjv.se

United Kingdom

—

—

—

—

| Rural Payments Agency |
| --- |
| Lancaster House |
| Hampshire Court |
| Newcastle upon Tyne |
| NE4 7YH |
| United Kingdom |
| Téléphone: (44-1912) 26 58 82 |
| Télécopieur: (44-1912) 26 58 24 |
| e-mail: cerealsintervention@rpa.gsi.gov.uk |
| website: www.rpa.gov.uk |

Rural Payments Agency

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

United Kingdom

Téléphone: (44-1912) 26 58 82

Télécopieur: (44-1912) 26 58 24

e-mail: cerealsintervention@rpa.gsi.gov.uk

website: www.rpa.gov.uk

‘—’ means no intervention stock of this cereal in this Member State.

---

ANNEX II

Communication to the Commission of tenders received under the standing invitation to tender for the resale on the Community market of cereals from intervention stocks

Model (1)

Article 4 of Regulation (EC) No 712/2007

‘TYPE OF CEREAL: CN code (2)’

‘MEMBER STATE (3)’

| 1 | 2 | 3 | |
| --- | --- | --- | --- |
| Serial number of tenderers | Lot No | Quantity
  (t) | Tender price
  EUR/tonne |
| 1 | | | |
| 2 | | | |
| 3 | | | |
| etc. | | | |
| Indicate the total quantities offered (including rejected offers made for the same lot): ... tonnes. |

1

2

3

Serial number of tenderers

Lot No

Quantity

(t)

Tender price

EUR/tonne

1

2

3

etc.

Indicate the total quantities offered (including rejected offers made for the same lot): ... tonnes.

---

(1)  To be sent to DG AGRI, Unit D.2

(2)  1001 90 for common wheat, 1003 00 for barley, 1005 90 00 for maize and 1002 00 00 for rye.

(3)  Indicate the Member State concerned.

---

| 23.6.2007 | EN | Official Journal of the European Union | L 163/14 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

L 163/14

---

COMMISSION REGULATION (EC) No 713/2007

of 21 June 2007

establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 41/2007 of 21 December 2006 fixing, for 2007, the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007. |
| --- | --- |

(1)

Council Regulation (EC) No 41/2007 of 21 December 2006 fixing, for 2007, the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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, 21 June 2007.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  OJ L 358, 31.12.2002, p. 59.

1

(2)  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, as corrected by OJ L 36, 8.2.2007, p. 6).

2

(3)  OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Regulation (EC) No 643/2007 (OJ L 151, 13.6.2007, p. 1).

3

---

ANNEX

| No | 14 |
| --- | --- |
| Member State | Sweden |
| Stock | COD/03AN. |
| Species | Cod (Gadus morhua) |
| Zone | Skagerrak |
| Date | 1.6.2007 |

No

14

Member State

Sweden

Stock

COD/03AN.

Species

Cod (Gadus morhua)

Zone

Skagerrak

Date

1.6.2007

---

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

| 23.6.2007 | EN | Official Journal of the European Union | L 163/16 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

L 163/16

---

DECISION No 714/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 June 2007

repealing Council Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

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

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) | The methods of measurement and classification provided for by Directive 68/89/EEC (3) differ from the methods of measurement and classification generally and currently applied in transactions between undertakings in the forestry sector and forest-based industries and have been found not to be suitable for market needs. |
| --- | --- |

(2)

The methods of measurement and classification provided for by Directive 68/89/EEC (3) differ from the methods of measurement and classification generally and currently applied in transactions between undertakings in the forestry sector and forest-based industries and have been found not to be suitable for market needs.

| (3) | The methods of measurement and classification provided for by Directive 68/89/EEC are no longer necessary for the purposes of the internal market. |
| --- | --- |

(3)

The methods of measurement and classification provided for by Directive 68/89/EEC are no longer necessary for the purposes of the internal market.

| (4) | Directive 68/89/EEC should therefore be repealed. |
| --- | --- |

(4)

Directive 68/89/EEC should therefore be repealed.

| (5) | The repeal of Directive 68/89/EEC entails that after 31 December 2008 the mark ‘EEC classified’ will no longer be available for use in marketing and that the corresponding national implementing measures have accordingly to be repealed by 31 December 2008, |
| --- | --- |

(5)

The repeal of Directive 68/89/EEC entails that after 31 December 2008 the mark ‘EEC classified’ will no longer be available for use in marketing and that the corresponding national implementing measures have accordingly to be repealed by 31 December 2008,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 68/89/EEC shall be repealed with effect from 31 December 2008.

Article 2

This Decision is addressed to the Member States.

Article 3

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

Done at Strasbourg, 20 June 2007.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

G. GLOSER

---

(1)  Opinion of 14 March 2007 (not yet published in the Official Journal).

1

(2)  Opinion of the European Parliament of 13 February 2007 (not yet published in the Official Journal) and Council Decision of 21 May 2007.

2

(3)  OJ L 32, 6.2.1968, p. 12.

3

---

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

DECISIONS

Council

| 23.6.2007 | EN | Official Journal of the European Union | L 163/17 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

L 163/17

---

COUNCIL DECISION

of 7 June 2007

on the system of the European Communities’ own resources

(2007/436/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 269 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 173 thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the Court of Auditors (2),

Having regard to the opinion of the European Economic and Social Committee (3),

Whereas:

| (1) | The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. Those arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore appropriate to introduce provisions covering specific Member States. |
| --- | --- |

(1)

The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. Those arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore appropriate to introduce provisions covering specific Member States.

| (2) | The Communities’ own resources system must ensure adequate resources for the orderly development of the Communities’ policies, subject to the need for strict budgetary discipline. |
| --- | --- |

(2)

The Communities’ own resources system must ensure adequate resources for the orderly development of the Communities’ policies, subject to the need for strict budgetary discipline.

| (3) | For the purposes of this Decision, gross national income (GNI) should be defined as annual GNI at market prices as provided by the Commission in application of the European system of national and regional accounts in the Community (hereinafter referred to as the ESA 95) in accordance with Council Regulation (EC) No 2223/96 (4). |
| --- | --- |

(3)

For the purposes of this Decision, gross national income (GNI) should be defined as annual GNI at market prices as provided by the Commission in application of the European system of national and regional accounts in the Community (hereinafter referred to as the ESA 95) in accordance with Council Regulation (EC) No 2223/96 (4).

| (4) | In view of the changeover from ESA 79 to ESA 95 for budgetary and own resources purposes, and in order to maintain unchanged the amount of financial resources put at the disposal of the Communities the Commission recalculated, in accordance with Article 3(1) and 3(2) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (5), the ceiling of own resources and the ceiling for appropriations for commitments, expressed to two decimal places, on the basis of the formula in that Article. The Commission communicated the new ceilings to the Council and the European Parliament on 28 December 2001. The ceiling of own resources was set at 1,24 % of the total GNIs of the Member States at market prices and a ceiling of 1,31 % of the total GNIs of the Member States was set for appropriations for commitments. The European Council of 15 and 16 December 2005 concluded that these ceilings should be maintained at their current levels. |
| --- | --- |

(4)

In view of the changeover from ESA 79 to ESA 95 for budgetary and own resources purposes, and in order to maintain unchanged the amount of financial resources put at the disposal of the Communities the Commission recalculated, in accordance with Article 3(1) and 3(2) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (5), the ceiling of own resources and the ceiling for appropriations for commitments, expressed to two decimal places, on the basis of the formula in that Article. The Commission communicated the new ceilings to the Council and the European Parliament on 28 December 2001. The ceiling of own resources was set at 1,24 % of the total GNIs of the Member States at market prices and a ceiling of 1,31 % of the total GNIs of the Member States was set for appropriations for commitments. The European Council of 15 and 16 December 2005 concluded that these ceilings should be maintained at their current levels.

| (5) | In order to maintain unchanged the amount of financial resources put at the disposal of the Communities, it is appropriate to adapt those ceilings expressed in per cent of GNI in case of modifications to the ESA 95 which entail a significant change in the level of GNI. |
| --- | --- |

(5)

In order to maintain unchanged the amount of financial resources put at the disposal of the Communities, it is appropriate to adapt those ceilings expressed in per cent of GNI in case of modifications to the ESA 95 which entail a significant change in the level of GNI.

| (6) | Following the implementation in European Union law of the agreements concluded during the Uruguay round of multilateral trade negotiations there is no longer any material difference between agricultural duties and customs duties. It is therefore appropriate to remove this distinction from the field of the general budget of the European Union. |
| --- | --- |

(6)

Following the implementation in European Union law of the agreements concluded during the Uruguay round of multilateral trade negotiations there is no longer any material difference between agricultural duties and customs duties. It is therefore appropriate to remove this distinction from the field of the general budget of the European Union.

| (7) | In the interests of transparency and simplicity, the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of the Value Added Tax (VAT) resource shall be fixed at 0,30 %. |
| --- | --- |

(7)

In the interests of transparency and simplicity, the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of the Value Added Tax (VAT) resource shall be fixed at 0,30 %.

| (8) | The European Council of 15 and 16 December 2005 concluded that Austria, Germany, the Netherlands and Sweden shall benefit from reduced VAT rates of call during the period 2007-2013 and that the Netherlands and Sweden shall benefit from gross reductions in their annual GNI-based contributions during the same period. |
| --- | --- |

(8)

The European Council of 15 and 16 December 2005 concluded that Austria, Germany, the Netherlands and Sweden shall benefit from reduced VAT rates of call during the period 2007-2013 and that the Netherlands and Sweden shall benefit from gross reductions in their annual GNI-based contributions during the same period.

| (9) | The European Council of 15 and 16 December 2005 concluded that the correction mechanism in favour of the United Kingdom shall remain, along with the reduced financing of the correction benefiting Germany, Austria, Sweden and the Netherlands. However, after a phasing-in period between 2009 and 2011, the United Kingdom shall participate fully in the financing of the costs of enlargement, except for agricultural direct payments and market-related expenditure, and that part of rural development expenditure originating from the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section. The calculation of the correction in favour of the United Kingdom shall therefore be adjusted by progressively excluding expenditure allocated to Member States which have acceded to the EU after 30 April 2004, except for the agricultural and rural development expenditure mentioned above. The additional contribution of the United Kingdom resulting from the reduction in allocated expenditure shall not exceed EU-10,5 billion in 2004 prices during the period 2007-2013. In the event of further enlargement before 2013, except for the accession of Bulgaria and Romania, the amount will be adjusted accordingly. |
| --- | --- |

(9)

The European Council of 15 and 16 December 2005 concluded that the correction mechanism in favour of the United Kingdom shall remain, along with the reduced financing of the correction benefiting Germany, Austria, Sweden and the Netherlands. However, after a phasing-in period between 2009 and 2011, the United Kingdom shall participate fully in the financing of the costs of enlargement, except for agricultural direct payments and market-related expenditure, and that part of rural development expenditure originating from the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section. The calculation of the correction in favour of the United Kingdom shall therefore be adjusted by progressively excluding expenditure allocated to Member States which have acceded to the EU after 30 April 2004, except for the agricultural and rural development expenditure mentioned above. The additional contribution of the United Kingdom resulting from the reduction in allocated expenditure shall not exceed EU-10,5 billion in 2004 prices during the period 2007-2013. In the event of further enlargement before 2013, except for the accession of Bulgaria and Romania, the amount will be adjusted accordingly.

| (10) | The European Council of 15 and 16 December 2005 concluded that point (f) of the second paragraph of Article 4 of Decision 2000/597/EC, Euratom regarding the exclusion of the annual pre-accession expenditure in acceding countries from the calculation of the correction in favour of the United Kingdom shall cease to apply at the end of 2013. |
| --- | --- |

(10)

The European Council of 15 and 16 December 2005 concluded that point (f) of the second paragraph of Article 4 of Decision 2000/597/EC, Euratom regarding the exclusion of the annual pre-accession expenditure in acceding countries from the calculation of the correction in favour of the United Kingdom shall cease to apply at the end of 2013.

| (11) | The European Council of 15 and 16 December 2005 invited the Commission to undertake a full, wide-ranging review covering all aspects of EU spending, including the Common Agricultural Policy (CAP), and of resources, including the United Kingdom rebate, and to report in 2008/2009. |
| --- | --- |

(11)

The European Council of 15 and 16 December 2005 invited the Commission to undertake a full, wide-ranging review covering all aspects of EU spending, including the Common Agricultural Policy (CAP), and of resources, including the United Kingdom rebate, and to report in 2008/2009.

| (12) | Provisions should be laid down to cover the changeover from the system laid down by Decision 2000/597/EC, Euratom to that introduced by this Decision. |
| --- | --- |

(12)

Provisions should be laid down to cover the changeover from the system laid down by Decision 2000/597/EC, Euratom to that introduced by this Decision.

| (13) | The European Council of 15 and 16 December 2005 concluded that this Decision shall take effect on 1 January 2007, |
| --- | --- |

(13)

The European Council of 15 and 16 December 2005 concluded that this Decision shall take effect on 1 January 2007,

HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:

Article 1

The Communities shall be allocated own resources in accordance with the rules laid down in the following Articles in order to ensure, in accordance with Article 269 of the Treaty establishing the European Community (hereinafter referred to as the EC Treaty) and Article 173 of the Treaty establishing the European Atomic Energy Community (hereinafter referred to as the Euratom Treaty), the financing of the general budget of the European Union.

The general budget of the European Union shall, without prejudice to other revenue, be financed wholly from the Communities’ own resources.

Article 2

1.   Revenue from the following shall constitute own resources entered in the general budget of the European Union:

| (a) | levies, premiums, additional or compensatory amounts, additional amounts or factors, Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries, customs duties on products under the expired Treaty establishing the European Coal and Steel Community as well as contributions and other duties provided for within the framework of the common organisation of the markets in sugar; |
| --- | --- |

(a)

levies, premiums, additional or compensatory amounts, additional amounts or factors, Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries, customs duties on products under the expired Treaty establishing the European Coal and Steel Community as well as contributions and other duties provided for within the framework of the common organisation of the markets in sugar;

| (b) | without prejudice to the second subparagraph of paragraph 4, the application of a uniform rate valid for all Member States to the harmonised VAT assessment bases determined according to Community rules. The assessment base to be taken into account for this purpose shall not exceed 50 % of GNI for each Member State, as defined in paragraph 7; |
| --- | --- |

(b)

without prejudice to the second subparagraph of paragraph 4, the application of a uniform rate valid for all Member States to the harmonised VAT assessment bases determined according to Community rules. The assessment base to be taken into account for this purpose shall not exceed 50 % of GNI for each Member State, as defined in paragraph 7;

| (c) | without prejudice to the second subparagraph of paragraph 5, the application of a uniform rate — to be determined pursuant to the budgetary procedure in the light of the total of all other revenue — to the sum of all the Member States’ GNIs. |
| --- | --- |

(c)

without prejudice to the second subparagraph of paragraph 5, the application of a uniform rate — to be determined pursuant to the budgetary procedure in the light of the total of all other revenue — to the sum of all the Member States’ GNIs.

2.   Revenue deriving from any new charges introduced within the framework of a common policy, in accordance with the EC Treaty or the Euratom Treaty, provided that the procedure laid down in Article 269 of the EC Treaty or in Article 173 of the Euratom Treaty has been followed, shall also constitute own resources entered in the general budget of the European Union.

3.   Member States shall retain, by way of collection costs, 25 % of the amounts referred to in paragraph 1(a).

4.   The uniform rate referred to in paragraph 1(b) shall be fixed at 0,30 %.

For the period 2007-2013 only, the rate of call of the VAT resource for Austria shall be fixed at 0,225 %, for Germany at 0,15 % and for the Netherlands and Sweden at 0,10 %.

5.   The uniform rate referred to in paragraph 1(c) shall apply to the GNI of each Member State.

For the period 2007-2013 only, the Netherlands shall benefit from a gross reduction in its annual GNI contribution of EUR 605 million and Sweden from a gross reduction in its annual GNI contribution of EUR 150 million, measured in 2004 prices. These amounts shall be adjusted to current prices by applying the most recent GDP deflator for the EU expressed in euro, as provided by the Commission, which is available when the preliminary draft budget is drawn up. These gross reductions shall be granted after the calculation of the correction in favour of the United Kingdom and its financing referred to in Articles 4 and 5 of this Decision and shall have no impact thereupon.

6.   If, at the beginning of the financial year, the budget has not been adopted, the existing VAT and GNI rates of call shall remain applicable until the entry into force of the new rates.

7.   For the purposes of this Decision, GNI shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Regulation (EC) No 2223/96.

Should modifications to the ESA 95 result in significant changes in the GNI as provided by the Commission, the Council, acting unanimously on a proposal of the Commission and after consulting the European Parliament, shall decide whether these modifications shall apply for the purposes of this Decision.

Article 3

1.   The total amount of own resources allocated to the Communities to cover annual appropriations for payments shall not exceed 1,24 % of the sum of all the Member States’ GNIs.

2.   The total annual amount of appropriations for commitments entered in the general budget of the European Union shall not exceed 1,31 % of the sum of all the Member States’ GNIs.

An orderly ratio between appropriations for commitments and appropriations for payments shall be maintained to guarantee their compatibility and to enable the ceiling pursuant to paragraph 1 to be respected in subsequent years.

3.   Should modifications to the ESA 95 result in significant changes in the GNI that apply for the purposes of this Decision, the ceilings for payments and commitments as determined in paragraphs 1 and 2 shall be recalculated by the Commission on the basis of the following formula:

Formula

where t is the latest full year for which data according to Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (GNI Regulation) (6) is available.

Article 4

1.   The United Kingdom shall be granted a correction in respect of budgetary imbalances.

This correction shall be established by:

| (a) | calculating the difference, in the preceding financial year, between:






  — | the percentage share of the United Kingdom in the sum of uncapped VAT assessment bases, and |
| --- | --- | --- |

(a)

calculating the difference, in the preceding financial year, between:

—

the percentage share of the United Kingdom in the sum of uncapped VAT assessment bases, and

| — | the percentage share of the United Kingdom in total allocated expenditure; |
| --- | --- |

—

the percentage share of the United Kingdom in total allocated expenditure;

| (b) | multiplying the difference thus obtained by total allocated expenditure; |
| --- | --- |

(b)

multiplying the difference thus obtained by total allocated expenditure;

| (c) | multiplying the result under (b) by 0,66; |
| --- | --- |

(c)

multiplying the result under (b) by 0,66;

| (d) | subtracting from the result under (c) the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2(1)(c), namely the difference between:






  — | what the United Kingdom would have had to pay for the amounts financed by the resources referred to in Article 2(1)(b) and (c), if the uniform rate had been applied to non-capped VAT bases, and |
| --- | --- | --- |

(d)

subtracting from the result under (c) the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2(1)(c), namely the difference between:

—

what the United Kingdom would have had to pay for the amounts financed by the resources referred to in Article 2(1)(b) and (c), if the uniform rate had been applied to non-capped VAT bases, and

| — | the payments of the United Kingdom pursuant to Article 2(1)(b) and (c); |
| --- | --- |

—

the payments of the United Kingdom pursuant to Article 2(1)(b) and (c);

| (e) | subtracting from the result under (d) the net gains of the United Kingdom resulting from the increase in the percentage of resources referred to in Article 2(1)(a) retained by Member States to cover collection and related costs; |
| --- | --- |

(e)

subtracting from the result under (d) the net gains of the United Kingdom resulting from the increase in the percentage of resources referred to in Article 2(1)(a) retained by Member States to cover collection and related costs;

| (f) | calculating, at the time of each enlargement of the EU, an adjustment to the result under (e) so as to reduce the compensation, thereby ensuring that expenditure which is unabated before enlargement remains so after enlargement. This adjustment shall be made by reducing total allocated expenditure by an amount equivalent to the annual pre-accession expenditure in the acceding countries. All amounts so calculated shall be carried forward to subsequent years and shall be adjusted annually by applying the latest available GDP deflator for the EU expressed in euro, as provided by the Commission. This point shall cease to apply as from the correction to be budgeted for the first time in 2014; |
| --- | --- |

(f)

calculating, at the time of each enlargement of the EU, an adjustment to the result under (e) so as to reduce the compensation, thereby ensuring that expenditure which is unabated before enlargement remains so after enlargement. This adjustment shall be made by reducing total allocated expenditure by an amount equivalent to the annual pre-accession expenditure in the acceding countries. All amounts so calculated shall be carried forward to subsequent years and shall be adjusted annually by applying the latest available GDP deflator for the EU expressed in euro, as provided by the Commission. This point shall cease to apply as from the correction to be budgeted for the first time in 2014;

| (g) | adjusting the calculation, by reducing total allocated expenditure by total allocated expenditure in Member States that have acceded to the EU after 30 April 2004, except for agricultural direct payments and market-related expenditure as well as that part of rural development expenditure originating from the EAGGF, Guarantee Section. |
| --- | --- |

(g)

adjusting the calculation, by reducing total allocated expenditure by total allocated expenditure in Member States that have acceded to the EU after 30 April 2004, except for agricultural direct payments and market-related expenditure as well as that part of rural development expenditure originating from the EAGGF, Guarantee Section.

This reduction shall be phased in progressively according to the schedule below:

| United Kingdom correction to be budgeted for the first time in the year | Percentage of enlargement-related expenditure (as defined above) to be excluded from the calculation of the correction in favour of the United Kingdom |
| --- | --- |
| 2009 | 20 |
| 2010 | 70 |
| 2011 | 100 |

United Kingdom correction to be budgeted for the first time in the year

Percentage of enlargement-related expenditure (as defined above) to be excluded from the calculation of the correction in favour of the United Kingdom

2009

20

2010

70

2011

100

2.   During the period 2007-2013 the additional contribution of the United Kingdom resulting from the reduction of allocated expenditure referred to in paragraph (1)(g) shall not exceed EU-10,5 billion, measured in 2004 prices. Each year, the Commission services shall verify whether the cumulated adjustment of the correction exceeds this amount. For the purpose of this calculation, amounts in current prices shall be converted into 2004 prices by applying the latest available GDP deflator for the EU expressed in euro, as provided by the Commission. If the ceiling of EU-10,5 billion is exceeded, the United Kingdom’s contribution shall be reduced accordingly.

In the event of further enlargement before 2013, the ceiling of EU-10,5 billion shall be adjusted upwards accordingly.

Article 5

1.   The cost of the correction shall be borne by the other Member States in accordance with the following arrangements:

| (a) | the distribution of the cost shall first be calculated by reference to each Member State’s share of the payments referred to in Article 2(1)(c), the United Kingdom being excluded and without taking account of the gross reductions in the GNI-based contributions of the Netherlands and Sweden referred to in Article 2(5); |
| --- | --- |

(a)

the distribution of the cost shall first be calculated by reference to each Member State’s share of the payments referred to in Article 2(1)(c), the United Kingdom being excluded and without taking account of the gross reductions in the GNI-based contributions of the Netherlands and Sweden referred to in Article 2(5);

| (b) | it shall then be adjusted in such a way as to restrict the financing share of Austria, Germany, the Netherlands and Sweden to one fourth of their normal share resulting from this calculation. |
| --- | --- |

(b)

it shall then be adjusted in such a way as to restrict the financing share of Austria, Germany, the Netherlands and Sweden to one fourth of their normal share resulting from this calculation.

2.   The correction shall be granted to the United Kingdom by a reduction in its payments resulting from the application of Article 2(1)(c). The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2(1)(c).

3.   The Commission shall perform the calculations required for the application of Article 2(5), Article 4 and this Article.

4.   If, at the beginning of the financial year, the budget has not been adopted, the correction granted to the United Kingdom and the costs borne by the other Member States as entered in the last budget finally adopted shall remain applicable.

Article 6

The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the general budget of the European Union.

Article 7

Any surplus of the Communities’ revenue over total actual expenditure during a financial year shall be carried over to the following financial year.

Article 8

1.   The Communities’ own resources referred to in Article 2(1)(a) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action, which shall, where appropriate, be adapted to meet the requirements of Community rules.

The Commission shall examine at regular intervals the national provisions communicated to it by the Member States, transmit to the Member States the adjustments it deems necessary in order to ensure that they comply with Community rules and report to the budgetary authority.

Member States shall make the resources provided for in Article 2(1)(a), (b) and (c) available to the Commission.

2.   The Council shall, in accordance with the procedures laid down in Article 279(2) of the EC Treaty and Article 183 of the Euratom Treaty, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.

Article 9

In the framework of the full, wide-ranging review covering all aspects of EU spending, including the CAP, and of resources, including the United Kingdom rebate, on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system.

Article 10

1.   Subject to paragraph 2, Decision 2000/597/EC, Euratom shall be repealed as of 1 January 2007. Any references to the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities’ own resources (7), to Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities’ system of own resources (8), to Council Decision 88/376/EEC, Euratom of 24 June 1988 on the system of the Communities’ own resources (9), to Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities’ own resources (10) or to Decision 2000/597/EC, Euratom shall be construed as references to this Decision.

2.   Articles 2, 4 and 5 of Decisions 88/376/EEC, Euratom, 94/728/EC, Euratom and 2000/597/EC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of a uniform rate valid for all Member States to the VAT base determined in a uniform manner and limited between 50 % and 55 % of the GNP or GNI of each Member State, depending on the relevant year, and to the calculation of the correction of budgetary imbalances granted to the United Kingdom for the years 1988 to 2006.

3.   Member States shall continue to retain, by way of collection costs, 10 % of the amounts referred to in Article 2(1)(a) which should have been made available by the Member States before 28 February 2001 in accordance with the applicable Community rules.

Article 11

Member States shall be notified of this Decision by the Secretary-General of the Council.

Member States shall notify the Secretary-General of the Council without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.

This Decision shall enter into force on the first day of the month following receipt of the last of the notifications referred to in the second subparagraph.

It shall take effect on 1 January 2007.

Article 12

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 7 June 2007.

For the Council

The President

M. GLOS

---

(1)  Opinion delivered on 4 July 2006 (not yet published in the Official Journal).

1

(2)  OJ C 203, 25.8.2006, p. 50.

2

(3)  OJ C 309, 16.12.2006, p. 103.

3

(4)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

4

(5)  OJ L 253, 7.10.2000, p. 42.

5

(6)  OJ L 181, 19.7.2003, p. 1.

6

(7)  OJ L 94, 28.4.1970, p. 19.

7

(8)  OJ L 128, 14.5.1985, p. 15.

8

(9)  OJ L 185, 15.7.1988, p. 24.

9

(10)  OJ L 293, 12.11.1994, p. 9.

10

---

Commission

| 23.6.2007 | EN | Official Journal of the European Union | L 163/22 |
| --- | --- | --- | --- |

23.6.2007

EN

Official Journal of the European Union

L 163/22

---

COMMISSION DECISION

of 19 June 2007

concerning the non-inclusion of haloxyfop-R in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance

(notified under document number C(2007) 2548)

(Text with EEA relevance)

(2007/437/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,

Whereas:

| (1) | Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I of that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work. |
| --- | --- |

(1)

Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I of that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.

| (2) | Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes haloxyfop-R. |
| --- | --- |

(2)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes haloxyfop-R.

| (3) | For haloxyfop-R the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For haloxyfop-R the rapporteur Member State was Denmark and all relevant information was submitted on 21 November 2003. |
| --- | --- |

(3)

For haloxyfop-R the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For haloxyfop-R the rapporteur Member State was Denmark and all relevant information was submitted on 21 November 2003.

| (4) | The assessment report was peer reviewed by the Member States and the EFSA and presented to the Commission on 28 July 2006 in the format of the EFSA conclusion regarding the peer review of the pesticide risk assessment of the active substance haloxyfop-R (4). This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 24 November 2006 in the format of the Commission review report for haloxyfop-R. |
| --- | --- |

(4)

The assessment report was peer reviewed by the Member States and the EFSA and presented to the Commission on 28 July 2006 in the format of the EFSA conclusion regarding the peer review of the pesticide risk assessment of the active substance haloxyfop-R (4). This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 24 November 2006 in the format of the Commission review report for haloxyfop-R.

| (5) | During the evaluation of this active substance, a number of concerns were identified. The risk assessment for groundwater contamination could not be concluded. In particular it was found that the use of haloxyfop-R, in the scenarios presented by the notifier, led to the appearance of a number of metabolites which are persistent and can leach easily into the water table, with potentially negative effects on drinking water. This raised concerns which could not be resolved on the basis of the data presented within the legal deadlines by the notifier. Moreover, based on the available data, concerns remain as regards the risk assessment for mammals. Consequently, it was not possible to conclude on the basis of the information available that haloxyfop-R met the criteria for inclusion in Annex I to Directive 91/414/EEC. |
| --- | --- |

(5)

During the evaluation of this active substance, a number of concerns were identified. The risk assessment for groundwater contamination could not be concluded. In particular it was found that the use of haloxyfop-R, in the scenarios presented by the notifier, led to the appearance of a number of metabolites which are persistent and can leach easily into the water table, with potentially negative effects on drinking water. This raised concerns which could not be resolved on the basis of the data presented within the legal deadlines by the notifier. Moreover, based on the available data, concerns remain as regards the risk assessment for mammals. Consequently, it was not possible to conclude on the basis of the information available that haloxyfop-R met the criteria for inclusion in Annex I to Directive 91/414/EEC.

| (6) | The Commission invited the notifier to submit its comments on the results of the peer review and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments advanced, the above concerns remained unsolved, and assessments made on the basis of the information submitted and evaluated during the EFSA expert meetings have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing haloxyfop-R satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. |
| --- | --- |

(6)

The Commission invited the notifier to submit its comments on the results of the peer review and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments advanced, the above concerns remained unsolved, and assessments made on the basis of the information submitted and evaluated during the EFSA expert meetings have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing haloxyfop-R satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

| (7) | Haloxyfop-R should therefore not be included in Annex I to Directive 91/414/EEC. |
| --- | --- |

(7)

Haloxyfop-R should therefore not be included in Annex I to Directive 91/414/EEC.

| (8) | Measures should be taken to ensure that authorisations granted for plant protection products containing haloxyfop-R are withdrawn within a fixed period of time and are not renewed and that no new authorisations for such products are granted. |
| --- | --- |

(8)

Measures should be taken to ensure that authorisations granted for plant protection products containing haloxyfop-R are withdrawn within a fixed period of time and are not renewed and that no new authorisations for such products are granted.

| (9) | Any period of grace granted by a Member State for the disposal, storage, placing on the market and use of existing stocks of plant protection products containing haloxyfop-R, should be limited to 12 months in order to allow existing stocks to be used in one further growing season. |
| --- | --- |

(9)

Any period of grace granted by a Member State for the disposal, storage, placing on the market and use of existing stocks of plant protection products containing haloxyfop-R, should be limited to 12 months in order to allow existing stocks to be used in one further growing season.

| (10) | This Decision does not prejudice the submission of an application for haloxyfop-R according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I. |
| --- | --- |

(10)

This Decision does not prejudice the submission of an application for haloxyfop-R according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I.

| (11) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

Haloxyfop-R shall not be included as an active substance in Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

| (a) | authorisations for plant protection products containing haloxyfop-R are withdrawn by 19 December 2007; |
| --- | --- |

(a)

authorisations for plant protection products containing haloxyfop-R are withdrawn by 19 December 2007;

| (b) | no authorisations for plant protection products containing haloxyfop-R are granted or renewed from the date of publication of this Decision. |
| --- | --- |

(b)

no authorisations for plant protection products containing haloxyfop-R are granted or renewed from the date of publication of this Decision.

Article 3

Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and shall expire on 19 December 2008 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 19 June 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/31/EC (OJ L 140, 1.6.2007, p. 44).

1

(2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

2

(3)  OJ L 98, 7.4.2001, p. 6.

3

(4)  EFSA Scientific Report (2006) 87, 1-96, Conclusion regarding the peer review of pesticide risk assessment of haloxyfop-R.

4

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23.6.2007

| 23.6.2007 | EN | Official Journal of the European Union | L 163/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 163/s3

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NOTICE TO READERS

In view of the situation which has arisen following enlargement, some editions of the Official Journal of 27, 29 and 30 December 2006 have been published, in a simplified manner, in the official languages of that date.

It has been decided to republish, as corrigenda and in the Official Journal’s traditional presentation, Acts which appear in those Official Journals.

It is for this reason that Official Journals which contain only those corrigenda have been published in the pre-enlargement language versions. The translations of Acts in the languages of the new Member States will be published in a special edition of the Official Journal of the European Union comprising texts of the institutions and the European Central Bank adopted prior to 1 January 2007.

Given below is a list of the Official Journals published on 27, 29 and 30 December 2006 and their corresponding corrigenda.

| OJ of 27 December 2006 | Corrected OJ (2007) |
| --- | --- |
| L 370 | L 30 |
| L 371 | L 45 |
| L 373 | L 121 |
| L 375 | L 70 |

OJ of 27 December 2006

Corrected OJ (2007)

L 370

L 30

L 371

L 45

L 373

L 121

L 375

L 70

| OJ of 29 December 2006 | Corrected OJ (2007) |
| --- | --- |
| L 387 | L 34 |

OJ of 29 December 2006

Corrected OJ (2007)

L 387

L 34

| OJ of 30 December 2006 | Corrected OJ (2007) |
| --- | --- |
| L 396 | L 136 |
| L 400 | L 54 |
| L 405 | L 29 |
| L 407 | L 44 |
| L 408 | L 47 |
| L 409 | L 36 |
| L 410 | L 40 |
| L 411 | L 27 |
| L 413 | L 50 |

OJ of 30 December 2006

Corrected OJ (2007)

L 396

L 136

L 400

L 54

L 405

L 29

L 407

L 44

L 408

L 47

L 409

L 36

L 410

L 40

L 411

L 27

L 413

L 50

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