# Official Journal L 190/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 190 |
| | |
| English edition | Legislation | Volume 5118 July 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 190

English edition

Legislation

Volume 5118 July 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 679/2008 of 17 July 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 680/2008 of 17 July 2008 fixing the export refunds on beef and veal | 3 |
| | | Commission Regulation (EC) No 681/2008 of 17 July 2008 on the issue of licences for the import of garlic in the subperiod 1 September to 30 November 2008 | 7 |
| | | Commission Regulation (EC) No 682/2008 of 17 July 2008 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95 | 9 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 679/2008 of 17 July 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 680/2008 of 17 July 2008 fixing the export refunds on beef and veal

3

Commission Regulation (EC) No 681/2008 of 17 July 2008 on the issue of licences for the import of garlic in the subperiod 1 September to 30 November 2008

7

Commission Regulation (EC) No 682/2008 of 17 July 2008 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

9

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/589/EC |
| | * | Commission Decision of 12 June 2008 establishing a specific control and inspection programme related to the cod stocks in the Baltic Sea
  (notified under document number C(2008) 2558) | 11 |
| | | 2008/590/EC |
| | * | Commission Decision of 16 June 2008 relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men (Codified version) | 17 |
| | | 2008/591/EC |
| | * | Commission Decision of 30 June 2008 on the Ecodesign Consultation Forum (
  1
  ) | 22 |
| | | 2008/592/EC |
| | * | Commission Decision of 3 July 2008 amending Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries
  (notified under document number C(2008) 3301)

   (
  1
  ) | 27 |
| | | 2008/593/EC |
| | * | Commission Decision of 11 July 2008 amending Decision No 2007/60/EC as regards the modification of the tasks and the period of operation of the Trans-European Transport Network Executive Agency | 35 |
| | | RECOMMENDATIONS |
| | | 2008/594/EC |
| | * | Commission Recommendation of 2 July 2008 on cross-border interoperability of electronic health record systems
  (notified under document number C(2008) 3282) | 37 |

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

DECISIONS

Commission

2008/589/EC

*

Commission Decision of 12 June 2008 establishing a specific control and inspection programme related to the cod stocks in the Baltic Sea
  (notified under document number C(2008) 2558)

(notified under document number C(2008) 2558)

11

2008/590/EC

*

Commission Decision of 16 June 2008 relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men (Codified version)

17

2008/591/EC

*

Commission Decision of 30 June 2008 on the Ecodesign Consultation Forum (
  1
  )

1

22

2008/592/EC

*

Commission Decision of 3 July 2008 amending Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries
  (notified under document number C(2008) 3301)

   (
  1
  )

(notified under document number C(2008) 3301)

1

27

2008/593/EC

*

Commission Decision of 11 July 2008 amending Decision No 2007/60/EC as regards the modification of the tasks and the period of operation of the Trans-European Transport Network Executive Agency

35

RECOMMENDATIONS

2008/594/EC

*

Commission Recommendation of 2 July 2008 on cross-border interoperability of electronic health record systems
  (notified under document number C(2008) 3282)

(notified under document number C(2008) 3282)

37

| | | Corrigenda |
| --- | --- | --- |
| | | Corrigendum to Commission Regulation (EC) No 677/2008 of 16 July 2008 on the issuing of import licences for applications lodged during the first seven days of July 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat ( OJ L 189, 17.7.2008 ) | 44 |

Corrigenda

Corrigendum to Commission Regulation (EC) No 677/2008 of 16 July 2008 on the issuing of import licences for applications lodged during the first seven days of July 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat ( OJ L 189, 17.7.2008 )

44

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

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

REGULATIONS

| 18.7.2008 | EN | Official Journal of the European Union | L 190/1 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/1

---

COMMISSION REGULATION (EC) No 679/2008

of 17 July 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 18 July 2008.

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

Done at Brussels, 17 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

1

(2)  
  OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regulation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).

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 | MA | 32,2 |
| MK | 26,5 |
| TR | 40,6 |
| ME | 25,6 |
| XS | 23,8 |
| ZZ | 29,7 |
| 0707 00 05 | MK | 21,3 |
| TR | 106,2 |
| ZZ | 63,8 |
| 0709 90 70 | TR | 92,6 |
| ZZ | 92,6 |
| 0805 50 10 | AR | 98,5 |
| US | 67,7 |
| UY | 101,5 |
| ZA | 100,5 |
| ZZ | 92,1 |
| 0808 10 80 | AR | 86,4 |
| BR | 98,7 |
| CL | 99,3 |
| CN | 69,1 |
| NZ | 111,4 |
| US | 118,0 |
| UY | 81,3 |
| ZA | 92,5 |
| ZZ | 94,6 |
| 0808 20 50 | AR | 83,3 |
| AU | 143,2 |
| CL | 114,7 |
| NZ | 116,2 |
| ZA | 93,0 |
| ZZ | 110,1 |
| 0809 10 00 | TR | 174,9 |
| XS | 127,0 |
| ZZ | 151,0 |
| 0809 20 95 | TR | 345,9 |
| US | 305,5 |
| ZZ | 325,7 |
| 0809 30 | TR | 166,2 |
| ZZ | 166,2 |
| 0809 40 05 | IL | 154,0 |
| XS | 99,1 |
| ZZ | 126,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

32,2

MK

26,5

TR

40,6

ME

25,6

XS

23,8

ZZ

29,7

0707 00 05

MK

21,3

TR

106,2

ZZ

63,8

0709 90 70

TR

92,6

ZZ

92,6

0805 50 10

AR

98,5

US

67,7

UY

101,5

ZA

100,5

ZZ

92,1

0808 10 80

AR

86,4

BR

98,7

CL

99,3

CN

69,1

NZ

111,4

US

118,0

UY

81,3

ZA

92,5

ZZ

94,6

0808 20 50

AR

83,3

AU

143,2

CL

114,7

NZ

116,2

ZA

93,0

ZZ

110,1

0809 10 00

TR

174,9

XS

127,0

ZZ

151,0

0809 20 95

TR

345,9

US

305,5

ZZ

325,7

0809 30

TR

166,2

ZZ

166,2

0809 40 05

IL

154,0

XS

99,1

ZZ

126,6

---

(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’.

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/3 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/3

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COMMISSION REGULATION (EC) No 680/2008

of 17 July 2008

fixing the export refunds on beef and veal

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 (1), and in particular Article 164(2), final subparagraph, and Article 170 thereof,

Whereas:

| (1) | Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XV of Annex I to that Regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XV of Annex I to that Regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the market in beef and veal, export refunds should therefore be set in accordance with the rules and criteria provided for in Articles 162 to 164 and 167 to 170 of Regulation (EC) No 1234/2007. |
| --- | --- |

(2)

Given the present situation on the market in beef and veal, export refunds should therefore be set in accordance with the rules and criteria provided for in Articles 162 to 164 and 167 to 170 of Regulation (EC) No 1234/2007.

| (3) | Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary. |
| --- | --- |

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

| (4) | Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4). |
| --- | --- |

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products must also satisfy the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).

| (5) | The conditions laid down in the third subparagraph of Article 7(2) of Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (5) provide for a reduction of the special refund if the quantity of cuts of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning. |
| --- | --- |

(5)

The conditions laid down in the third subparagraph of Article 7(2) of Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (5) provide for a reduction of the special refund if the quantity of cuts of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.

| (6) | Commission Regulation (EC) No 343/2008 (6) should therefore be repealed and replaced by a new regulation. |
| --- | --- |

(6)

Commission Regulation (EC) No 343/2008 (6) should therefore be repealed and replaced by a new regulation.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(7)

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

1.   Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2.   The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) Nos 852/2004 and 853/2004, notably preparation in an approved establishment and compliance with the health marking requirements laid down in Annex I, Section I, Chapter III to Regulation (EC) No 854/2004.

Article 2

In the case referred to in the third subparagraph of Article 7(2) of Regulation (EC) No 1359/2007, the rate of the refund on products falling within product code 0201 30 00 9100 shall be reduced by EUR 7/100 kg.

Article 3

Regulation (EC) No 343/2008 is hereby repealed.

Article 4

This Regulation shall enter into force on 18 July 2008.

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

Done at Brussels, 17 July 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

1

(2)  
  OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

2

(3)  
  OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

3

(4)  
  OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

4

(5)  
  OJ L 304, 22.11.2007, p. 21.

5

(6)  
  OJ L 108, 18.4.2008, p. 3.

6

---

ANNEX

Export refunds on beef and veal applicable from 18 July 2008

| Product code | Destination | Unit of measurement | Refunds |
| --- | --- | --- | --- |
| 0102 10 10 9140 | B00 | EUR/100 kg live weight | 25,9 |
| 0102 10 30 9140 | B00 | EUR/100 kg live weight | 25,9 |
| 0201 10 00 9110  (1) | B02 | EUR/100 kg net weight | 36,6 |
| B03 | EUR/100 kg net weight | 21,5 |
| 0201 10 00 9130  (1) | B02 | EUR/100 kg net weight | 48,8 |
| B03 | EUR/100 kg net weight | 28,7 |
| 0201 20 20 9110  (1) | B02 | EUR/100 kg net weight | 48,8 |
| B03 | EUR/100 kg net weight | 28,7 |
| 0201 20 30 9110  (1) | B02 | EUR/100 kg net weight | 36,6 |
| B03 | EUR/100 kg net weight | 21,5 |
| 0201 20 50 9110  (1) | B02 | EUR/100 kg net weight | 61,0 |
| B03 | EUR/100 kg net weight | 35,9 |
| 0201 20 50 9130  (1) | B02 | EUR/100 kg net weight | 36,6 |
| B03 | EUR/100 kg net weight | 21,5 |
| 0201 30 00 9050 | US  (3) | EUR/100 kg net weight | 6,5 |
| CA  (4) | EUR/100 kg net weight | 6,5 |
| 0201 30 00 9060  (6) | B02 | EUR/100 kg net weight | 22,6 |
| B03 | EUR/100 kg net weight | 7,5 |
| 0201 30 00 9100  (2)
   (6) | B04 | EUR/100 kg net weight | 84,7 |
| B03 | EUR/100 kg net weight | 49,8 |
| EG | EUR/100 kg net weight | 103,4 |
| 0201 30 00 9120  (2)
   (6) | B04 | EUR/100 kg net weight | 50,8 |
| B03 | EUR/100 kg net weight | 29,9 |
| EG | EUR/100 kg net weight | 62,0 |
| 0202 10 00 9100 | B02 | EUR/100 kg net weight | 16,3 |
| B03 | EUR/100 kg net weight | 5,4 |
| 0202 20 30 9000 | B02 | EUR/100 kg net weight | 16,3 |
| B03 | EUR/100 kg net weight | 5,4 |
| 0202 20 50 9900 | B02 | EUR/100 kg net weight | 16,3 |
| B03 | EUR/100 kg net weight | 5,4 |
| 0202 20 90 9100 | B02 | EUR/100 kg net weight | 16,3 |
| B03 | EUR/100 kg net weight | 5,4 |
| 0202 30 90 9100 | US  (3) | EUR/100 kg net weight | 6,5 |
| CA  (4) | EUR/100 kg net weight | 6,5 |
| 0202 30 90 9200  (6) | B02 | EUR/100 kg net weight | 22,6 |
| B03 | EUR/100 kg net weight | 7,5 |
| 1602 50 31 9125  (5) | B00 | EUR/100 kg net weight | 23,3 |
| 1602 50 31 9325  (5) | B00 | EUR/100 kg net weight | 20,7 |
| 1602 50 95 9125  (5) | B00 | EUR/100 kg net weight | 23,3 |
| 1602 50 95 9325  (5) | B00 | EUR/100 kg net weight | 20,7 |
| N.B.: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
  The destination codes are set out in Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19).
  The other destinations are defined as follows:







  B00 | : | all destinations (third countries, other territories, victualling and destinations treated as exports from the Community). |
| B02 | : | B04 and destination EG . |
| B03 | : | Albania, Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, former Yugoslav Republic of Macedonia, stores and provisions (destinations referred to in Articles 36 and 45, and if appropriate in Article 44, of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11). |
| B04 | : | Turkey, Ukraine, Belarus, Moldova, Russia, Georgia, Armenia, Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Morocco, Algeria, Tunisia, Libya, Lebanon, Syria, Iraq, Iran, Israel, West Bank/Gaza Strip, Jordan, Saudi Arabia, Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, Yemen, Pakistan, Sri Lanka, Myanmar (Burma), Thailand, Vietnam, Indonesia, Philippines, China, North Korea, Hong Kong, Sudan, Mauritania, Mali, Burkina Faso, Niger, Chad, Cape Verde, Senegal, Gambia, Guinea-Bissau, Guinea, Sierra Leone, Liberia, Côte-d'Ivoire, Ghana, Togo, Benin, Nigeria, Cameroun, Central African Republic, Equatorial Guinea, Sao Tome Principe, Gabon, Congo, Congo (Democratic Republic), Rwanda, Burundi, Saint Helena and dependencies, Angola, Ethiopia, Eritrea, Djibouti, Somalia, Uganda, Tanzania, Seychelles and dependencies, British Indian Ocean Territory, Mozambique, Mauritius, Comoros, Mayotte, Zambia, Malawi, South Africa, Lesotho. |

Product code

Destination

Unit of measurement

Refunds

0102 10 10 9140

B00

EUR/100 kg live weight

25,9

0102 10 30 9140

B00

EUR/100 kg live weight

25,9

0201 10 00 9110  (1)

B02

EUR/100 kg net weight

36,6

B03

EUR/100 kg net weight

21,5

0201 10 00 9130  (1)

B02

EUR/100 kg net weight

48,8

B03

EUR/100 kg net weight

28,7

0201 20 20 9110  (1)

B02

EUR/100 kg net weight

48,8

B03

EUR/100 kg net weight

28,7

0201 20 30 9110  (1)

B02

EUR/100 kg net weight

36,6

B03

EUR/100 kg net weight

21,5

0201 20 50 9110  (1)

B02

EUR/100 kg net weight

61,0

B03

EUR/100 kg net weight

35,9

0201 20 50 9130  (1)

B02

EUR/100 kg net weight

36,6

B03

EUR/100 kg net weight

21,5

0201 30 00 9050

US  (3)

EUR/100 kg net weight

6,5

CA  (4)

EUR/100 kg net weight

6,5

0201 30 00 9060  (6)

B02

EUR/100 kg net weight

22,6

B03

EUR/100 kg net weight

7,5

0201 30 00 9100  (2)
   (6)

B04

EUR/100 kg net weight

84,7

B03

EUR/100 kg net weight

49,8

EG

EUR/100 kg net weight

103,4

0201 30 00 9120  (2)
   (6)

B04

EUR/100 kg net weight

50,8

B03

EUR/100 kg net weight

29,9

EG

EUR/100 kg net weight

62,0

0202 10 00 9100

B02

EUR/100 kg net weight

16,3

B03

EUR/100 kg net weight

5,4

0202 20 30 9000

B02

EUR/100 kg net weight

16,3

B03

EUR/100 kg net weight

5,4

0202 20 50 9900

B02

EUR/100 kg net weight

16,3

B03

EUR/100 kg net weight

5,4

0202 20 90 9100

B02

EUR/100 kg net weight

16,3

B03

EUR/100 kg net weight

5,4

0202 30 90 9100

US  (3)

EUR/100 kg net weight

6,5

CA  (4)

EUR/100 kg net weight

6,5

0202 30 90 9200  (6)

B02

EUR/100 kg net weight

22,6

B03

EUR/100 kg net weight

7,5

1602 50 31 9125  (5)

B00

EUR/100 kg net weight

23,3

1602 50 31 9325  (5)

B00

EUR/100 kg net weight

20,7

1602 50 95 9125  (5)

B00

EUR/100 kg net weight

23,3

1602 50 95 9325  (5)

B00

EUR/100 kg net weight

20,7

N.B.: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The destination codes are set out in Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19).

The other destinations are defined as follows:

B00

:

all destinations (third countries, other territories, victualling and destinations treated as exports from the Community).

B02

:

B04 and destination EG .

B03

:

Albania, Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, former Yugoslav Republic of Macedonia, stores and provisions (destinations referred to in Articles 36 and 45, and if appropriate in Article 44, of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11).

B04

:

Turkey, Ukraine, Belarus, Moldova, Russia, Georgia, Armenia, Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Morocco, Algeria, Tunisia, Libya, Lebanon, Syria, Iraq, Iran, Israel, West Bank/Gaza Strip, Jordan, Saudi Arabia, Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, Yemen, Pakistan, Sri Lanka, Myanmar (Burma), Thailand, Vietnam, Indonesia, Philippines, China, North Korea, Hong Kong, Sudan, Mauritania, Mali, Burkina Faso, Niger, Chad, Cape Verde, Senegal, Gambia, Guinea-Bissau, Guinea, Sierra Leone, Liberia, Côte-d'Ivoire, Ghana, Togo, Benin, Nigeria, Cameroun, Central African Republic, Equatorial Guinea, Sao Tome Principe, Gabon, Congo, Congo (Democratic Republic), Rwanda, Burundi, Saint Helena and dependencies, Angola, Ethiopia, Eritrea, Djibouti, Somalia, Uganda, Tanzania, Seychelles and dependencies, British Indian Ocean Territory, Mozambique, Mauritius, Comoros, Mayotte, Zambia, Malawi, South Africa, Lesotho.

---

(*1)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

(1)  Entry under this subheading is subject to the submission of the certificate appearing in the Annex to Commission Regulation (EC) No 433/2007 (OJ L 104, 21.4.2007, p. 3).

(2)  The refund is granted subject to compliance with the conditions laid down in amended Commission Regulation (EC) No 1359/2007 (OJ L 304, 22.11.2007, p. 21), and, if applicable, in Commission Regulation (EC) No 1741/2006 (OJ L 329, 25.11.2006, p. 7).

(3)  Carried out in accordance with Commission Regulation (EC) No 1643/2006 (OJ L 308, 8.11.2006, p. 7).

(4)  Carried out in accordance with Commission Regulation (EC) No 2051/96 (OJ L 274, 26.10.1996, p. 18).

(5)  The refund is granted subject to compliance with the conditions laid down in Commission Regulation (EC) No 1731/2006 (OJ L 325, 24.11.2006, p. 12).

(6)  The lean bovine meat content excluding fat is determined in accordance with the procedure described in the Annex to Commission Regulation (EEC) No 2429/86 (OJ L 210, 1.8.1986, p. 39).

The term ‘average content’ refers to the sample quantity as defined in Article 2(1) of Commission Regulation (EC) No 765/2002 (OJ L 117, 4.5.2002, p. 6). The sample is to be taken from that part of the consignment presenting the highest risk.

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/7 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/7

---

COMMISSION REGULATION (EC) No 681/2008

of 17 July 2008

on the issue of licences for the import of garlic in the subperiod 1 September to 30 November 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EC) No 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,

Whereas:

| (1) | Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

| (2) | The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days of July 2008, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China, and all third countries other than China. |
| --- | --- |

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days of July 2008, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China, and all third countries other than China.

| (3) | Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 15 July 2008 can be met in accordance with Article 12 of Regulation (EC) No 341/2007, |
| --- | --- |

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 15 July 2008 can be met in accordance with Article 12 of Regulation (EC) No 341/2007,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first five working days of July 2008 and sent to the Commission by 15 July 2008 shall be met at a percentage rate of the quantities applied for as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 17 July 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 238, 1.9.2006, p. 13. Regulation as amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

2

(3)  
  OJ L 90, 30.3.2007, p. 12. Regulation as amended by Regulation (EC) No 514/2008 (OJ L 150, 10.6.2008, p. 7).

3

---

ANNEX

| Origin | Order number | Allocation coefficient |
| --- | --- | --- |
| Argentina |
| — | Traditional importers |

Origin

Order number

Allocation coefficient

Argentina

—

Traditional importers

09.4104

X

| — | New importers |
| --- | --- |

—

New importers

09.4099

X

China

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4105

21,006931  %

| — | New importers |
| --- | --- |

—

New importers

09.4100

0,485316  %

Other third countries

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4106

100  %

| — | New importers |
| --- | --- |

—

New importers

09.4102

56,872241  %

| ‘X’ | : | No quota for this origin for the subperiod in question. |
| --- | --- | --- |

‘X’

:

No quota for this origin for the subperiod in question.

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/9 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/9

---

COMMISSION REGULATION (EC) No 682/2008

of 17 July 2008

fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

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 Article 143 thereof,

Having regard to Regulation (EEC) No 2783/75 of the Council of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin, and in particular Article 3(4) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1484/95 (2) lays down detailed rules for implementing the system of additional import duties and fixes representative prices for poultrymeat and egg products and for egg albumin. |
| --- | --- |

(1)

Commission Regulation (EC) No 1484/95 (2) lays down detailed rules for implementing the system of additional import duties and fixes representative prices for poultrymeat and egg products and for egg albumin.

| (2) | Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. The representative prices should therefore be published. |
| --- | --- |

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. The representative prices should therefore be published.

| (3) | In view of the situation on the market, this amendment should be applied as soon as possible. |
| --- | --- |

(3)

In view of the situation on the market, this amendment should be applied as soon as possible.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(4)

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

Annex I to Regulation (EC) No 1484/95 is replaced by the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 17 July 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 145, 29.6.1995, p. 47. Regulation as last amended by Regulation (EC) No 581/2008 (OJ L 161, 20.6.2008, p. 28).

2

---

ANNEX

to the Commission Regulation of 17 July 2008 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

‘ANNEX I

| CN code | Description of goods | Representative price
  (EUR/100 kg) | Security under Article 3(3)
  (EUR/100 kg) | Origin (1) |
| --- | --- | --- | --- | --- |
| 0207 12 10 | Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen | 110,0 | 0 | BR |
| 106,0 | 0 | AR |
| 0207 12 90 | Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen | 122,4 | 0 | BR |
| 113,6 | 1 | AR |
| 125,4 | 0 | TH |
| 0207 14 10 | Fowls of the species Gallus domesticus, boneless cuts, frozen | 217,7 | 25 | BR |
| 245,2 | 16 | AR |
| 322,9 | 0 | CL |
| 0207 14 50 | Fowls of the species Gallus domesticus, breasts, frozen | 306,0 | 0 | BR |
| 186,0 | 8 | AR |
| 0207 14 60 | Fowl of the species Gallus domesticus, legs, frozen | 107,2 | 11 | BR |
| 0207 25 10 | Turkeys, not cut in pieces, presented as “80 % turkeys”, frozen | 175,0 | 0 | BR |
| 0207 27 10 | Turkeys, boneless cuts, frozen | 295,6 | 0 | BR |
| 410,4 | 0 | CL |
| 0408 91 80 | Eggs, not in shell, dried | 444,5 | 0 | AR |
| 1602 32 11 | Preparations of fowls of the species Gallus domesticus, uncooked | 209,1 | 23 | BR |
| 3502 11 90 | Egg albumin, dried | 622,3 | 0 | AR |

CN code

Description of goods

Representative price

(EUR/100 kg)

Security under Article 3(3)

(EUR/100 kg)

Origin (1)

0207 12 10

Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

110,0

0

BR

106,0

0

AR

0207 12 90

Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

122,4

0

BR

113,6

1

AR

125,4

0

TH

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

217,7

25

BR

245,2

16

AR

322,9

0

CL

0207 14 50

Fowls of the species Gallus domesticus, breasts, frozen

306,0

0

BR

186,0

8

AR

0207 14 60

Fowl of the species Gallus domesticus, legs, frozen

107,2

11

BR

0207 25 10

Turkeys, not cut in pieces, presented as “80 % turkeys”, frozen

175,0

0

BR

0207 27 10

Turkeys, boneless cuts, frozen

295,6

0

BR

410,4

0

CL

0408 91 80

Eggs, not in shell, dried

444,5

0

AR

1602 32 11

Preparations of fowls of the species Gallus domesticus, uncooked

209,1

23

BR

3502 11 90

Egg albumin, dried

622,3

0

AR

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). The code “
  ZZ
  ” represents “other origins”.’

1

---

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

DECISIONS

Commission

| 18.7.2008 | EN | Official Journal of the European Union | L 190/11 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/11

---

COMMISSION DECISION

of 12 June 2008

establishing a specific control and inspection programme related to the cod stocks in the Baltic Sea

(notified under document number C(2008) 2558)

(2008/589/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), in particular Article 34c(1) thereof,

Whereas:

| (1) | Council Regulation (EC) No 1098/2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, lays down the conditions for the sustainable exploitation of cod in the Baltic Sea and the rules on monitoring, control and surveillance of such activities. |
| --- | --- |

(1)

Council Regulation (EC) No 1098/2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, lays down the conditions for the sustainable exploitation of cod in the Baltic Sea and the rules on monitoring, control and surveillance of such activities.

| (2) | Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) provides for control activities by the Commission and cooperation between Member States to ensure compliance with the rules of the Common Fisheries Policy. |
| --- | --- |

(2)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) provides for control activities by the Commission and cooperation between Member States to ensure compliance with the rules of the Common Fisheries Policy.

| (3) | To ensure the success of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, it is necessary to establish a specific control and inspection programme. |
| --- | --- |

(3)

To ensure the success of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, it is necessary to establish a specific control and inspection programme.

| (4) | The specific control and inspection programme should be established for a period of three years. The results obtained by the application of the specific control and inspection programme should be periodically evaluated by the Member States concerned in cooperation with the Community Fisheries Control Agency (CFCA) set up by Council Regulation (EC) No 768/2005 (3). |
| --- | --- |

(4)

The specific control and inspection programme should be established for a period of three years. The results obtained by the application of the specific control and inspection programme should be periodically evaluated by the Member States concerned in cooperation with the Community Fisheries Control Agency (CFCA) set up by Council Regulation (EC) No 768/2005 (3).

| (5) | Cooperation between Member States concerned should be encouraged so as to enhance uniformity of inspection and surveillance practices and help develop the coordination of control activities between the competent authorities of those Member States. |
| --- | --- |

(5)

Cooperation between Member States concerned should be encouraged so as to enhance uniformity of inspection and surveillance practices and help develop the coordination of control activities between the competent authorities of those Member States.

| (6) | Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the CFCA. |
| --- | --- |

(6)

Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the CFCA.

| (7) | The measures provided for in this Decision have been established in concert with the Member States concerned. |
| --- | --- |

(7)

The measures provided for in this Decision have been established in concert with the Member States concerned.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject-matter

This Decision establishes a specific control and inspection programme to ensure the harmonised implementation of the multiannual plan set up by Regulation (EC) No 1098/2007 for cod stocks in the Baltic Sea and the fisheries exploiting those stocks.

Article 2

Scope

1.   The specific control and inspection programme shall cover control and inspection of:

| (a) | fishing activities by vessels referred to in Article 2 of Regulation (EC) No 1098/2007; |
| --- | --- |

(a)

fishing activities by vessels referred to in Article 2 of Regulation (EC) No 1098/2007;

| (b) | all related activities including the landing, weighing, marketing, transport and storage of fishery products and the recording of landing and sales. |
| --- | --- |

(b)

all related activities including the landing, weighing, marketing, transport and storage of fishery products and the recording of landing and sales.

2.   The specific control and inspection programme shall apply for three years.

Article 3

Definitions

For the purposes of this Decision the definitions in Article 3 of Regulation (EC) No 1098/2007 shall apply.

Article 4

Commission inspections

Where an inspection by the Commission is carried out of its own accord and without the assistance of inspectors of the Member State concerned pursuant to the second sentence of the second subparagraph of Article 27(1) of Regulation (EC) No 2371/2002, the Commission inspectors shall, where possible, inform the competent authorities of that Member State of their findings.

Article 5

Member State inspections

1.   A Member State that intends to conduct surveillance and inspect fishing vessels in the waters under the jurisdiction of another Member State, in the framework of a Joint Deployment Plan (JDP) established in accordance with Article 12 of Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), shall notify its intentions to the contact point of the coastal Member State concerned, designated in accordance with Article 3 of Commission Regulation (EC) No 1042/2006 (5), and to the Community Fisheries Control Agency (CFCA). The notification shall contain the following information:

| (a) | type, name and call sign of the inspection vessels and inspection aircraft on the basis of the list established in accordance with Article 28(4) of Regulation (EC) No 2371/2002; |
| --- | --- |

(a)

type, name and call sign of the inspection vessels and inspection aircraft on the basis of the list established in accordance with Article 28(4) of Regulation (EC) No 2371/2002;

| (b) | the area, as referred to in Article 3(e) of Regulation (EC) No 1098/2007, where the surveillance and inspection will be carried out; |
| --- | --- |

(b)

the area, as referred to in Article 3(e) of Regulation (EC) No 1098/2007, where the surveillance and inspection will be carried out;

| (c) | the duration of the surveillance and inspection activities. |
| --- | --- |

(c)

the duration of the surveillance and inspection activities.

2.   Surveillance and inspections shall be carried out in accordance with Annex I.

Article 6

Joint inspection and surveillance activities

Member States shall undertake joint inspection and surveillance activities in accordance with the joint deployment plan established by the CFCA.

Article 7

Information

Member States shall make available to the Commission by 31 January of each year the following information concerning the previous calendar year:

| (a) | the inspection and surveillance activities set out in Annex I; |
| --- | --- |

(a)

the inspection and surveillance activities set out in Annex I;

| (b) | all infringements, as referred to in Annex II, detected during the twelve-month period including, for each infringement, the flag of the vessel, the date and location of the inspection and the nature of the infringement; Member States shall indicate the nature of the infringement by references to the letter under which they are listed in Annex II; |
| --- | --- |

(b)

all infringements, as referred to in Annex II, detected during the twelve-month period including, for each infringement, the flag of the vessel, the date and location of the inspection and the nature of the infringement; Member States shall indicate the nature of the infringement by references to the letter under which they are listed in Annex II;

| (c) | the state of follow-up of infringements, as referred to in Annex II, whether detected during the previous calendar year or earlier; |
| --- | --- |

(c)

the state of follow-up of infringements, as referred to in Annex II, whether detected during the previous calendar year or earlier;

| (d) | any relevant coordination and cooperation actions between Member States. |
| --- | --- |

(d)

any relevant coordination and cooperation actions between Member States.

Article 8

Evaluation

1.   Each Member State shall, by 31 January of each year, draw up and send to the Commission and CFCA an evaluation report concerning the control and inspection activities carried out in the previous calendar year under the specific control and inspection programme laid down in this Decision and the national control action programme referred to in Article 24 of Regulation (EC) No 1098/2007.

2.   A Member State may request the CFCA to assist with the drawing up of the report.

3.   The CFCA shall take into consideration the evaluation reports referred to in paragraph 1 when undertaking an annual assessment of the effectiveness of a JDP as referred to Article 14 of Regulation (EC) No 768/2005.

4.   The Commission shall convene the meeting referred to in Article 24(4) of Regulation (EC) No 1098/2007 in collaboration with the CFCA. The meeting shall include the evaluation of the activities referred to in paragraph 1.

Article 9

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 12 June 2008.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

1

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

2

(3)  
  OJ L 128, 21.5.2005, p. 1.

3

(4)  
  OJ L 128, 21.5.2005, p. 1.

4

(5)  
  OJ L 187, 8.7.2006, p. 14.

5

---

ANNEX I

Inspection and surveillance tasks

1.   General inspection tasks

| 1.1. | An inspection report shall be drawn up for each inspection. Inspectors shall in any case verify and note in their report the following information:






  (a) | the details of the identity of the responsible persons, as well as those of the vessel or vehicles involved in the activities inspected; |
| --- | --- | --- |

1.1.

(a)

the details of the identity of the responsible persons, as well as those of the vessel or vehicles involved in the activities inspected;

| (b) | the authorisation: licence, special fishing permit and fishing effort entitlement; |
| --- | --- |

(b)

the authorisation: licence, special fishing permit and fishing effort entitlement;

| (c) | relevant vessel documentation such as logbooks, certifications of registration, vessel storage plans, records of notification and where applicable records of VMS manual reporting; |
| --- | --- |

(c)

relevant vessel documentation such as logbooks, certifications of registration, vessel storage plans, records of notification and where applicable records of VMS manual reporting;

| (d) | all other relevant findings from the inspection done at sea, at port or at any step of the commercialisation process. |
| --- | --- |

(d)

all other relevant findings from the inspection done at sea, at port or at any step of the commercialisation process.

| 1.2. | The findings referred to in point 1.1 shall be compared with the information made available to the inspectors by other competent authorities, including the VMS information, prior notifications and lists of vessels holding a special permit for fishing for cod in the Baltic Sea. |
| --- | --- |

1.2.

2.   Inspection tasks at sea

Inspectors shall verify:

| (a) | the quantities of fish retained on board in comparison with the quantities recorded in the logbook and the compliance with the margins of tolerance as referred to in Article 15 of Regulation (EC) No 1098/2007; |
| --- | --- |

(a)

the quantities of fish retained on board in comparison with the quantities recorded in the logbook and the compliance with the margins of tolerance as referred to in Article 15 of Regulation (EC) No 1098/2007;

| (b) | the compliance of the gear used with the relevant requirements and in particular with the one net rule and the compliance with the provisions on twine thickness, minimum sizes for meshes and fish, net attachments and the marking and identification of passive gear; |
| --- | --- |

(b)

the compliance of the gear used with the relevant requirements and in particular with the one net rule and the compliance with the provisions on twine thickness, minimum sizes for meshes and fish, net attachments and the marking and identification of passive gear;

| (c) | the correct functioning of VMS equipment; |
| --- | --- |

(c)

the correct functioning of VMS equipment;

| (d) | the compliance with the single area fishery requirements specified in Article 16 of Regulation (EC) No 1098/2007. |
| --- | --- |

(d)

the compliance with the single area fishery requirements specified in Article 16 of Regulation (EC) No 1098/2007.

3.   Inspection tasks at landing

Inspectors shall verify the following:

| (a) | prior notification of landing and changing of specific areas including the information concerning the catch on board; |
| --- | --- |

(a)

prior notification of landing and changing of specific areas including the information concerning the catch on board;

| (b) | the completion of the logbook and landing declaration, including effort recording; |
| --- | --- |

(b)

the completion of the logbook and landing declaration, including effort recording;

| (c) | the actual quantities of fish on board, weight of cod and other species landed and the compliance with the margins of tolerance as referred to in Article 15 of Regulation (EC) No 1098/2007; |
| --- | --- |

(c)

the actual quantities of fish on board, weight of cod and other species landed and the compliance with the margins of tolerance as referred to in Article 15 of Regulation (EC) No 1098/2007;

| (d) | the gear on board and the compliance with the provisions on twine thickness, minimum sizes for meshes and fish, net attachments and the marking and identification of passive gear; |
| --- | --- |

(d)

the gear on board and the compliance with the provisions on twine thickness, minimum sizes for meshes and fish, net attachments and the marking and identification of passive gear;

| (e) | where applicable, the compliance with the shut down procedures for VMS equipment. |
| --- | --- |

(e)

where applicable, the compliance with the shut down procedures for VMS equipment.

4.   Inspection tasks concerning transports and marketing

Inspectors shall verify:

| (a) | the relevant documents accompanying transport and check them against the physical quantities transported; |
| --- | --- |

(a)

the relevant documents accompanying transport and check them against the physical quantities transported;

| (b) | the compliance with grading and labelling requirements and minimum fish size requirements; |
| --- | --- |

(b)

the compliance with grading and labelling requirements and minimum fish size requirements;

| (c) | the documentation (logbook, landing declaration and sales notes), sorting and weighing of fish for the control of marketing provisions. |
| --- | --- |

(c)

the documentation (logbook, landing declaration and sales notes), sorting and weighing of fish for the control of marketing provisions.

5.   Tasks for aerial surveillance

Surveillance crew shall:

| (a) | crosscheck sightings against allocation of effort; |
| --- | --- |

(a)

crosscheck sightings against allocation of effort;

| (b) | crosscheck the area restrictions on fishing; |
| --- | --- |

(b)

crosscheck the area restrictions on fishing;

| (c) | report on surveillance data for cross-checking purposes. |
| --- | --- |

(c)

report on surveillance data for cross-checking purposes.

---

ANNEX II

List of infringements as referred to in Article 7

| A. | Failure by the master of a fishing vessel to comply with the fishing effort limitations laid down in Article 8 of Regulation (EC) No 1098/2007 or the area restrictions on fishing laid down in Article 9 of that Regulation; |
| --- | --- |

A.

Failure by the master of a fishing vessel to comply with the fishing effort limitations laid down in Article 8 of Regulation (EC) No 1098/2007 or the area restrictions on fishing laid down in Article 9 of that Regulation;

| B. | Failure by the master or his authorised representative of a Community fishing vessel of an overall length equal to or greater than eight metres carrying on board or using any gears for cod fishing in the Baltic Sea to hold or keep a copy of a special permit for fishing for cod as laid down in Article 10 of Regulation (EC) No 1098/2007; |
| --- | --- |

B.

Failure by the master or his authorised representative of a Community fishing vessel of an overall length equal to or greater than eight metres carrying on board or using any gears for cod fishing in the Baltic Sea to hold or keep a copy of a special permit for fishing for cod as laid down in Article 10 of Regulation (EC) No 1098/2007;

| C. | Tampering with the satellite-based vessel monitoring system as laid down in Article 6 of Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (1); |
| --- | --- |

C.

Tampering with the satellite-based vessel monitoring system as laid down in Article 6 of Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (1);

| D. | Falsifying or failing to record data in logbooks including effort reports, landing declarations, and sales notes, takeover declarations and transport documents or failure to keep or submit those documents as laid down in Regulation (EC) No 2847/93 and Articles 11, 13, 15, 19 and 22 of Regulation (EC) No 1098/2007; |
| --- | --- |

D.

Falsifying or failing to record data in logbooks including effort reports, landing declarations, and sales notes, takeover declarations and transport documents or failure to keep or submit those documents as laid down in Regulation (EC) No 2847/93 and Articles 11, 13, 15, 19 and 22 of Regulation (EC) No 1098/2007;

| E. | Failure by the master of a fishing vessel holding a special permit for fishing for cod to comply with the conditions on entry to or exit from specific areas laid down in Article 16 of Regulation (EC) No 1098/2007; |
| --- | --- |

E.

Failure by the master of a fishing vessel holding a special permit for fishing for cod to comply with the conditions on entry to or exit from specific areas laid down in Article 16 of Regulation (EC) No 1098/2007;

| F. | Failure by the master of a Community fishing vessel or his representative with more than 300 kg of cod on board to comply with the prior notification rules laid down in Article 17 of Regulation (EC) No 1098/2007; |
| --- | --- |

F.

Failure by the master of a Community fishing vessel or his representative with more than 300 kg of cod on board to comply with the prior notification rules laid down in Article 17 of Regulation (EC) No 1098/2007;

| G. | Landing more than 750 kg cod by vessels outside the designated ports; |
| --- | --- |

G.

Landing more than 750 kg cod by vessels outside the designated ports;

| H. | Failure by the master of a fishing vessel to weigh cod first landed as required by Article 19 of Regulation (EC) No 1098/2007; |
| --- | --- |

H.

Failure by the master of a fishing vessel to weigh cod first landed as required by Article 19 of Regulation (EC) No 1098/2007;

| I. | Failure to comply with the restrictions on transit and prohibition of transhipment as laid down in Article 21 of Regulation (EC) No 1098/2007. |
| --- | --- |

I.

Failure to comply with the restrictions on transit and prohibition of transhipment as laid down in Article 21 of Regulation (EC) No 1098/2007.

---

(1)  
  OJ L 333, 20.12.2003, p. 17.

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/17 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/17

---

COMMISSION DECISION

of 16 June 2008

relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men

(Codified version)

(2008/590/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

| (1) | Commission Decision 82/43/EEC of 9 December 1981 relating to the settingup of an Advisory Committee on Equal Opportunities for Women and Men (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Decision should be codified. |
| --- | --- |

(1)

Commission Decision 82/43/EEC of 9 December 1981 relating to the settingup of an Advisory Committee on Equal Opportunities for Women and Men (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Decision should be codified.

| (2) | Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Member States, and of international and European conventions. |
| --- | --- |

(2)

Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Member States, and of international and European conventions.

| (3) | The application in practice of the principle of equal treatment for women and men must be encouraged by improved cooperation and exchanges of views and experience between those bodies which have special responsibility in the Member States for promoting equality of opportunity, and the Commission. |
| --- | --- |

(3)

The application in practice of the principle of equal treatment for women and men must be encouraged by improved cooperation and exchanges of views and experience between those bodies which have special responsibility in the Member States for promoting equality of opportunity, and the Commission.

| (4) | The full implementation in practice of the directives, recommendations and resolutions adopted by the Council in the field of equal opportunities can be speeded up considerably with the assistance of national bodies having a network of specialised information at their disposal. |
| --- | --- |

(4)

The full implementation in practice of the directives, recommendations and resolutions adopted by the Council in the field of equal opportunities can be speeded up considerably with the assistance of national bodies having a network of specialised information at their disposal.

| (5) | The preparation and implementation of Community measures concerning the employment of women, the improvement of the position of women who are self-employed and those engaged in agriculture, and the promotion of equal opportunities require close cooperation with the specialised bodies in Member States. |
| --- | --- |

(5)

The preparation and implementation of Community measures concerning the employment of women, the improvement of the position of women who are self-employed and those engaged in agriculture, and the promotion of equal opportunities require close cooperation with the specialised bodies in Member States.

| (6) | Therefore, an institutional framework is required for the purpose of regular consultations with those bodies, |
| --- | --- |

(6)

Therefore, an institutional framework is required for the purpose of regular consultations with those bodies,

HAS DECIDED AS FOLLOWS:

Article 1

The Commission hereby establishes an Advisory Committee on Equal Opportunities for Women and Men, hereinafter called ‘the Committee’.

Article 2

1.   The Committee shall assist the Commission in formulating and implementing the Community’s activities aimed at promoting equal opportunities for women and men, and shall foster ongoing exchanges of relevant experience, policies and practices between the Member States and the various parties involved.

2.   To achieve the aims referred to in paragraph 1, the Committee shall:

| (a) | assist the Commission in the development of instruments for monitoring, evaluating and disseminating the results of measures taken at Community level to promote equal opportunities; |
| --- | --- |

(a)

assist the Commission in the development of instruments for monitoring, evaluating and disseminating the results of measures taken at Community level to promote equal opportunities;

| (b) | contribute to the implementation of Community action programmes in the field, mainly by analysing the results and suggesting improvements to the measures taken; |
| --- | --- |

(b)

contribute to the implementation of Community action programmes in the field, mainly by analysing the results and suggesting improvements to the measures taken;

| (c) | contribute, through its opinions, to the preparation of the Commission’s annual report on progress made towards achieving equality of opportunity for women and men; |
| --- | --- |

(c)

contribute, through its opinions, to the preparation of the Commission’s annual report on progress made towards achieving equality of opportunity for women and men;

| (d) | encourage exchanges of information on measures taken at all levels to promote equal opportunities and, where appropriate, put forward proposals for possible follow-up action; |
| --- | --- |

(d)

encourage exchanges of information on measures taken at all levels to promote equal opportunities and, where appropriate, put forward proposals for possible follow-up action;

| (e) | deliver opinions or submit reports to the Commission, either at the latter’s request or on its own initiative, on any matter of relevance to the promotion of equal opportunities in the Community. |
| --- | --- |

(e)

deliver opinions or submit reports to the Commission, either at the latter’s request or on its own initiative, on any matter of relevance to the promotion of equal opportunities in the Community.

3.   Procedures for the circulation of the Committee’s opinions and reports shall be determined in agreement with the Commission. They may be published as an Annex to the Commission’s annual report on equal opportunities for women and men.

Article 3

1.   The Committee shall comprise 68 members, namely:

| (a) | one representative per Member State from ministries or government departments responsible for promoting equal opportunities; the representative shall be designated by the government of each Member State; |
| --- | --- |

(a)

one representative per Member State from ministries or government departments responsible for promoting equal opportunities; the representative shall be designated by the government of each Member State;

| (b) | one representative per Member State from national committees or bodies set up by official decision, having specific responsibility for equal opportunities between women and men through representation of the sectors concerned; where there are several committees or bodies dealing with these matters in a Member State, the Commission shall determine which body, by its objectives, structure, representativeness and degree of independence, is best qualified to be represented on the Committee; any Member State without such committees shall be represented by members of bodies deemed by the Commission to perform analogous duties; the representative shall be appointed by the Commission, acting on a proposal from the relevant national committee or body; |
| --- | --- |

(b)

one representative per Member State from national committees or bodies set up by official decision, having specific responsibility for equal opportunities between women and men through representation of the sectors concerned; where there are several committees or bodies dealing with these matters in a Member State, the Commission shall determine which body, by its objectives, structure, representativeness and degree of independence, is best qualified to be represented on the Committee; any Member State without such committees shall be represented by members of bodies deemed by the Commission to perform analogous duties; the representative shall be appointed by the Commission, acting on a proposal from the relevant national committee or body;

| (c) | seven members representing employers’ organisations at Community level; |
| --- | --- |

(c)

seven members representing employers’ organisations at Community level;

| (d) | seven members representing workers’ organisations at Community level. |
| --- | --- |

(d)

seven members representing workers’ organisations at Community level.

The representatives shall be appointed by the Commission, acting on a proposal from the social partners at Community level.

2.   Two representatives of the European Women’s Lobby shall attend meetings of the Committee as observers.

3.   Representatives of international and professional organisations and other associations making duly substantiated requests to the Commission may be given observer status.

Article 4

An alternate shall be appointed for each member of the Committee under the same conditions as those laid down in Article 3.

Without prejudice to Article 7, the alternate shall not attend meetings of the Committee nor participate in its work unless the relevant member is prevented from doing so.

Article 5

The term of office of members of the Committee shall be three years and shall be renewable.

At the end of the three-year period, the members of the Committee shall continue in office until a replacement is provided or their term of office is renewed.

A member’s term of office shall come to an end before the expiry of the three-year period in the event of her/his resignation, the termination of her/his membership of the organisation which she/he represents, or her/his death. A member’s terms of office may also be terminated if the organisation which nominated her/him requests her/his replacement.

The member shall be replaced for the remainder of the term of office in accordance with the procedure laid down in Article 4.

No remuneration shall be attached to a member’s duties; travelling and subsistence expenses for meetings of the Committee and the working parties set up under Article 8 shall be met by the Commission in accordance with the administrative rules in force.

Article 6

The Committee shall elect a chairperson, with a one-year term of office, from among its members. Election shall be by a majority of two-thirds of the members present; a minimum of half the total votes in favour shall, nevertheless, be required.

Two vice-chairpersons shall be elected by the same majority and under the same conditions. They shall be required to stand in for the chairperson in the absence of the latter. The chairperson and vice-chairpersons must belong to different Member States. They shall constitute the Bureau of the Committee, which shall meet before each meeting of the Committee.

The Commission shall organise the work of the Committee in close cooperation with the chairperson. The draft agenda for meetings of the Committee shall be set by the Commission in agreement with the chairperson. The Secretariat of the Committee shall be provided by the Commission’s Equal Opportunities Unit. The minutes of the Committee’s meetings shall be drawn up by the Commission and submitted to the Committee for approval.

Article 7

The chairperson may invite any person who is specially qualified in a particular subject on the agenda to take part in its work as an expert.

Experts shall only take part in the work on the particular subject for which their attendance is requested.

Article 8

1.   The Committee may set up working parties.

2.   For the preparation of its opinions, the Committee may entrust a rapporteur or an outside expert with the task of drawing up reports in accordance with procedures to be determined.

3.   One or more members of the Committee may participate as observers in the activities of other advisory committees of the Commission, and shall inform the Committee accordingly.

Article 9

Measures adopted under Articles 7 and 8 having financial implications for the budget of the European Communities shall be submitted for the prior agreement of the Commission and shall be implemented in accordance with the administrative rules in force.

Article 10

The Committee shall be convened by the Commission and shall meet on its premises. It shall meet at least twice a year.

Article 11

The Committee’s deliberations shall deal with the requests for opinion presented by the Commission or with the opinions which the Committee delivers on its own initiative. They are not followed by a vote.

The Commission, when requesting the Committee’s opinion, may set a deadline within which the opinion should be delivered.

The views expressed by the different categories represented in the Committee shall be recorded in the minutes, which shall be transmitted to the Commission.

Where the opinion requested has been agreed unanimously by the Committee, the Committee shall draft common conclusions which shall be annexed to the minutes.

Article 12

Without prejudice to Article 287 of the Treaty, members of the Committee are required not to disclose information obtained in the course of their work on the Committee or its working parties when informed by the Commission that the opinion requested or question asked concerns a confidential matter.

In such cases, only members of the Committee and representatives of the Commission departments shall attend meetings.

Article 13

Decision 82/43/EEC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.

Done at Brussels, 16 June 2008.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 20, 28.1.1982, p. 35. Decision as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

1

(2)  See Annex I.

2

---

ANNEX I

Repealed Decision with list of its successive amendments

| Commission Decision 82/43/EEC
  (OJ L 20, 28.1.1982, p. 35). | |
| --- | --- |
| Point VIII.12 of Annex I of the 1985 Act of Accession
  (OJ L 302, 15.11.1985, p. 209). | |
| Point IV.C of Annex I of the 1994 Act of Accession
  (OJ C 241, 29.8.1994, p. 115). | |
| Commission Decision 95/420/EC
  (OJ L 249, 17.10.1995, p. 43). | |
| Point 11.4 of Annex II of the 2003 Act of Accession
  (OJ L 236, 23.9.2003, p. 585). | |
| Commission Regulation (EC) No 1792/2006
  (OJ L 362, 20.12.2006, p. 1). | Only as regards the reference to Decision 82/43/EEC in the sixth indent of Article 1(2) and Annex, point 9.1. |

Commission Decision 82/43/EEC

(OJ L 20, 28.1.1982, p. 35).

Point VIII.12 of Annex I of the 1985 Act of Accession

(OJ L 302, 15.11.1985, p. 209).

Point IV.C of Annex I of the 1994 Act of Accession

(OJ C 241, 29.8.1994, p. 115).

Commission Decision 95/420/EC

(OJ L 249, 17.10.1995, p. 43).

Point 11.4 of Annex II of the 2003 Act of Accession

(OJ L 236, 23.9.2003, p. 585).

Commission Regulation (EC) No 1792/2006

(OJ L 362, 20.12.2006, p. 1).

Only as regards the reference to Decision 82/43/EEC in the sixth indent of Article 1(2) and Annex, point 9.1.

---

ANNEX II

Correlation Table

| Decision 82/43/EEC | This Decision |
| --- | --- |
| Articles 1 and 2 | Articles 1 and 2 |
| Article 3(1), first subparagraph, point (a) | Article 3(1), first subparagraph, point (a) |
| Article 3(1), first subparagraph, point (b) | Article 3(1), first subparagraph, point (b) |
| Article 3(1), first subparagraph, point (c), first indent | Article 3(1), first subparagraph, point (c) |
| Article 3(1), first subparagraph, point (c), second indent | Article 3(1), first subparagraph, point (d) |
| Article 3(1), second subparagraph | Article 3(1), second subparagraph |
| Article 3(2) and (3) | Article 3(2) and (3) |
| Article 4, first sentence | Article 4, first subparagraph |
| Article 4, second sentence | Article 4, second subparagraph |
| Articles 5 to 12 | Articles 5 to 12 |
| Article 13 | — |
| — | Article 13 |
| — | Annex I |
| — | Annex II |

Decision 82/43/EEC

This Decision

Articles 1 and 2

Articles 1 and 2

Article 3(1), first subparagraph, point (a)

Article 3(1), first subparagraph, point (a)

Article 3(1), first subparagraph, point (b)

Article 3(1), first subparagraph, point (b)

Article 3(1), first subparagraph, point (c), first indent

Article 3(1), first subparagraph, point (c)

Article 3(1), first subparagraph, point (c), second indent

Article 3(1), first subparagraph, point (d)

Article 3(1), second subparagraph

Article 3(1), second subparagraph

Article 3(2) and (3)

Article 3(2) and (3)

Article 4, first sentence

Article 4, first subparagraph

Article 4, second sentence

Article 4, second subparagraph

Articles 5 to 12

Articles 5 to 12

Article 13

—

—

Article 13

—

Annex I

—

Annex II

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/22 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/22

---

COMMISSION DECISION

of 30 June 2008

on the Ecodesign Consultation Forum

(Text with EEA relevance)

(2008/591/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005, establishing a framework for the setting of eco-design requirements for energy-using products (EuP) and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (1), and in particular Article 18 thereof,

Whereas:

| (1) | In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties. |
| --- | --- |

(1)

In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties.

| (2) | Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum. |
| --- | --- |

(2)

Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum.

| (3) | The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures. |
| --- | --- |

(3)

The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures.

| (4) | The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. |
| --- | --- |

(4)

The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.

| (5) | Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2). |
| --- | --- |

(5)

Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2).

| (6) | Personal data relating to members of the Consultation Forum should be processed 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 (3), |
| --- | --- |

(6)

Personal data relating to members of the Consultation Forum should be processed 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 (3),

HAS DECIDED AS FOLLOWS:

Article 1

Tasks

The tasks of the members of the Ecodesign Consultation Forum, hereinafter referred to as ‘the Forum’, shall be to give opinions in relation to the elaboration and the amendment of the working plan referred to in Article 16(1) of Directive 2005/32/EC and to advise the Commission on questions related to the implementation of Directive 2005/32/EC as provided for in Articles 16(2), 18 and 23 thereof.

Article 2

Consultation

The Commission may consult the Forum on any matter relating to the implementation of Directive 2005/32/EC.

Article 3

Membership

1.   The members of the Forum shall be appointed by the Commission from interested parties concerned with the product or product group in question and who have responded to the call for applications.

2.   The Forum shall comprise up to 60 members composed as follows:

| (a) | one representative from each Member State; |
| --- | --- |

(a)

one representative from each Member State;

| (b) | one representative from each European Economic Area Member State; |
| --- | --- |

(b)

one representative from each European Economic Area Member State;

| (c) | up to 30 representatives of interested parties as referred to in Article 18 of Directive 2005/32/EC. |
| --- | --- |

(c)

up to 30 representatives of interested parties as referred to in Article 18 of Directive 2005/32/EC.

3.   Each member shall designate the person representing it at the Forum meetings on the basis of his or her competence and experience in the area dealt with.

4.   Members of the Forum are appointed for a three-year renewable term of office and shall remain in office until they are replaced in accordance with paragraph 3 or their term of office ends.

5.   Members may be replaced for the remainder of their term of office in any of the following cases:

| (a) | where the member resigns; |
| --- | --- |

(a)

where the member resigns;

| (b) | where the member is no longer capable of contributing effectively to the Forum's deliberations; |
| --- | --- |

(b)

where the member is no longer capable of contributing effectively to the Forum's deliberations;

| (c) | where the member does not comply with Article 287 of the Treaty. |
| --- | --- |

(c)

where the member does not comply with Article 287 of the Treaty.

6.   The list of members and any subsequent amendments to that list shall be published on the Internet sites of the Enterprise and Industry Directorate General and the Transport and Energy Directorate General and in the Commission's Register of Expert Groups.

Article 4

Operation

1.   The Forum shall be chaired by a representative of the Commission.

2.   In agreement with the Chair, sub-groups may be set up to examine specific questions under terms of reference established by the Forum. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.

3.   The Chair may invite experts or observers with specific competence on a subject on the agenda to participate in the Forum's or sub-group's deliberations if this is necessary or useful.

4.   Information obtained by participating in the deliberations of the Forum or of a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.

5.   The Forum and its sub-groups shall normally meet on the Commission's premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the Forum and its sub-groups.

6.   The rules of procedure for the Forum are set out in the Annex.

7.   The Commission may publish, or place on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the Forum.

Article 5

Reimbursement of expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for one representative per Member State and technical experts invited according to Article 4(3) in connection with the Forum's activities in accordance with the Commission's rules on the compensation of external experts.

The members of the Forum, experts and observers shall not be remunerated for the services they render.

Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the Forum by the competent Commission department.

Done at Brussels, 30 June 2008.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 191, 22.7.2005, p. 29. Directive as amended by Directive 2008/28/EC (OJ L 81, 20.3.2008, p. 48).

1

(2)  
  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

2

(3)  
  OJ L 8, 12.1.2001, p. 1.

3

---

ANNEX

Rules of procedure of the Ecodesign Consultation Forum

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Directive 2005/32/EC and in particular Article 18 thereof,

Having regard to the standard rules of procedure published by the Commission,

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

Article 1

Convening a meeting

1.   Meetings of the Forum are convened by the Chair.

2.   Joint meetings of the Forum with other groups may be convened to discuss matters falling within their respective areas of responsibility.

Article 2

Agenda

1.   The Chair shall draw up the agenda and submit it to the Forum.

2.   The agenda shall make a distinction between:

| (a) | consultation of the interested parties in the Forum on:






  — | the elaboration and the amendment of the working plan, in accordance with Article 16(1) of Directive 2005/32/EC, |
| --- | --- | --- |

(a)

consultation of the interested parties in the Forum on:

—

the elaboration and the amendment of the working plan, in accordance with Article 16(1) of Directive 2005/32/EC,

| — | the definition and review of implementing measures, in accordance with Articles 16(2) and 18 of Directive 2005/32/EC, |
| --- | --- |

—

the definition and review of implementing measures, in accordance with Articles 16(2) and 18 of Directive 2005/32/EC,

| — | the examination of the effectiveness of the established market surveillance mechanisms, in accordance with Article 18 of Directive 2005/32/EC, |
| --- | --- |

—

the examination of the effectiveness of the established market surveillance mechanisms, in accordance with Article 18 of Directive 2005/32/EC,

| — | the assessment of voluntary agreements and other self-regulation measures, in accordance with Article 18 of Directive 2005/32/EC, |
| --- | --- |

—

the assessment of voluntary agreements and other self-regulation measures, in accordance with Article 18 of Directive 2005/32/EC,

| — | the review of the effectiveness of the Directive and of its implementing measures, the threshold for implementing measures, market surveillance mechanisms and any relevant self-regulation stimulated, in accordance with Article 23 of Directive 2005/32/EC; |
| --- | --- |

—

the review of the effectiveness of the Directive and of its implementing measures, the threshold for implementing measures, market surveillance mechanisms and any relevant self-regulation stimulated, in accordance with Article 23 of Directive 2005/32/EC;

| (b) | other issues put to the Forum for information or a simple exchange of views, either on the Chair's initiative, or at the written request of a member of the Forum, subject to the Chair's acceptance. |
| --- | --- |

(b)

other issues put to the Forum for information or a simple exchange of views, either on the Chair's initiative, or at the written request of a member of the Forum, subject to the Chair's acceptance.

3.   The agenda shall be adopted by the Forum at the start of the meeting.

Article 3

Forwarding of documents to members of the Forum

1.   The Chair shall send the invitation to the meeting, the agenda and the working documents on which the interested parties in the Forum are to be consulted and any other working documents to the members of the Forum in accordance with Article 12(2) no later than one month before the date of the meeting.

2.   Members of the Forum may submit complementary working documents and written statements to the Chair no later than one week before the date of the meeting. Such documents shall be made available to the members of the Forum upon reception.

3.   In urgent cases, the Chair may, at the request of a member of the Forum, or on his own initiative, shorten the time limit for transmission referred to in paragraph 1 and 2 to five calendar days before the date of the meeting.

4.   The Chair may decide to make documents originating from and provided by non-member interested parties available as working documents of the Forum.

Article 4

Opinions in the Forum

1.   The Chair shall record the opinions expressed by the representatives of the Member States and the different interested parties in the Forum.

2.   Opinions of the representatives of the Member States and interested parties may also take the form of written statements submitted in accordance with Article 3.

3.   Complementary written statements, following the discussions in the Forum, may be submitted up to three weeks after the meeting date.

4.   If necessary, the written procedure provided for in Article 8 may be applied.

Article 5

Representation

1.   In order to ensure a balanced participation of relevant stakeholders in respect to each discussed product group, the Chair may invite non-member interested parties to discuss specific agenda items at certain meetings.

2.   Each member of the Forum shall designate one person representing it at the Forum meetings and so inform the Chair. With the Chair's permission, the designated representatives may be accompanied by experts at the expense of the member. The members shall give prior notice to the Chair, at the latest two weeks before the meeting date, of the experts they wish to accompany their representatives. If the Chair does not object to the participation of the expert at the latest one week before the meeting date, the permission is considered to be granted.

3.   A member may represent other members. The representing member shall provide evidence of the represented members' consent to the Chair in writing before the meeting.

4.   Members shall ensure that stakeholders they represent are duly informed of the discussions in the Forum.

5.   Members shall ensure adequate consultation of the stakeholders they represent and adopt representative opinions.

Article 6

Sub-groups

The Chair may create sub-groups to examine particular issues. The sub-groups shall be chaired by a representative of the Commission. The sub-groups shall report back to the Forum. To this end, they may appoint a rapporteur.

rapporteur

Article 7

Admission of third parties

The Chair may decide to invite third parties to attend a meeting and experts to speak on particular matters.

Article 8

Written procedure

1.   If necessary, the opinions of the Member States and interested parties of the Forum may be delivered by written procedure. To this end, the Chair shall send the members of the Forum the working document(s) on which the opinions of the Member States and interested parties of the Forum are sought, in accordance with Article 12(2). The time limit for submitting comments may not be less than 14 calendar days and may not exceed one month.

2.   In cases of urgency, the time limit provided for in Article 3(3) shall apply.

Article 9

Secretariat

The Commission shall provide secretarial support for the Forum.

Article 10

Minutes of meetings

1.   The minutes of each meeting shall be drawn up under the auspices of the Chair containing, in particular, the opinions expressed at the meeting on working documents(s) prepared by the Commission services referred to in Article 2(2a) and, if necessary, the opinions expressed on the issues referred to in Article 2(2b). A reference list of the relevant written statements, submitted according to Article 4 shall be given in a separate annex. The minutes shall be sent to the members of the Forum, and to non-members that participated in the meeting, within one month.

2.   The members of the Forum shall send any comments they may have on the minutes to the Chair in writing within two weeks. The Forum shall be informed of those comments. If there is any disagreement, the proposed amendment shall be discussed by the Forum. If the disagreement persists, that amendment shall be annexed to the minutes.

Article 11

Attendance list

At each meeting, the Chair shall draw up an attendance list specifying the name of each participant, the organisation to which he or she belongs, and, where appropriate, the interested party he or she represents.

Article 12

Correspondence

1.   Correspondence relating to the Forum shall be addressed to the Commission by electronic means, for the attention of the Chair.

2.   Correspondence for members of the Forum shall be addressed to the members by electronic means. Members shall designate the contact person(s) to which correspondence shall be sent and inform the Chair in writing.

Article 13

Protection of personal data

All processing of personal data for the purposes of these rules of procedure shall be in accordance with Regulation (EC) No 45/2001.

---

| 18.7.2008 | EN | Official Journal of the European Union | L 190/27 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/27

---

COMMISSION DECISION

of 3 July 2008

amending Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries

(notified under document number C(2008) 3301)

(Text with EEA relevance)

(2008/592/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular Article 8(1) and (4) and Article 9(2)(b) and (4)(b) and (c) thereof,

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2), and in particular Article 12 thereof,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), and in particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4), and in particular Article 16 thereof,

Whereas:

| (1) | Commission Decision 2000/572/EC (5) lays down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries. |
| --- | --- |

(1)

Commission Decision 2000/572/EC (5) lays down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries.

| (2) | Following the entry into application of Regulations (EC) Nos 852/2004, 853/2004 and 854/2004 and of Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (6), it is necessary to amend and update Community health conditions and certification requirements for the imports into the Community of meat preparations in order to introduce the correct references to the new legislation. |
| --- | --- |

(2)

Following the entry into application of Regulations (EC) Nos 852/2004, 853/2004 and 854/2004 and of Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (6), it is necessary to amend and update Community health conditions and certification requirements for the imports into the Community of meat preparations in order to introduce the correct references to the new legislation.

| (3) | Traces (Trade Control and Expert System) is an integrated computerised veterinary system introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (7). Standardisation of health certificates is essential for the effective computer processing of the certificates in the Traces system. |
| --- | --- |

(3)

Traces (Trade Control and Expert System) is an integrated computerised veterinary system introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (7). Standardisation of health certificates is essential for the effective computer processing of the certificates in the Traces system.

| (4) | Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC (8) provides that the various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin are to be based on the standard models for veterinary certificates in Annex I to that Decision. |
| --- | --- |

(4)

Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC (8) provides that the various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin are to be based on the standard models for veterinary certificates in Annex I to that Decision.

| (5) | Accordingly, the model certificates set out in Annexes II and III to Decision 2000/572/EC should be replaced by new models in order to ensure compatibility with Traces. |
| --- | --- |

(5)

Accordingly, the model certificates set out in Annexes II and III to Decision 2000/572/EC should be replaced by new models in order to ensure compatibility with Traces.

| (6) | To avoid any disruption of trade, the use of the certificates issued in accordance with Decision 2000/572/EC before the amendments introduced by the present Decision, should be authorised for a period of six months after the date of application of this Decision. Those certificates should be accepted for import into the community for a period of 10 months after the application of the present Decision. |
| --- | --- |

(6)

To avoid any disruption of trade, the use of the certificates issued in accordance with Decision 2000/572/EC before the amendments introduced by the present Decision, should be authorised for a period of six months after the date of application of this Decision. Those certificates should be accepted for import into the community for a period of 10 months after the application of the present Decision.

| (7) | Decision 2000/572/EC should therefore be amended accordingly. |
| --- | --- |

(7)

Decision 2000/572/EC should therefore be amended accordingly.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

Decision 2000/572/EC is amended as follows:

| 1. | Article 3 is replaced by the following:

  ‘Article 3
  The importation of meat preparations is subject to the following conditions:






  1. | they have been produced in accordance with the relevant requirements laid down in Regulations (EC) No 178/2002 of the European Parliament and of the Council (*1), (EC) No 852/2004 of the European Parliament and of the Council (*2), (EC) No 853/2004 of the European Parliament and of the Council (*3) and (EC) No 999/2001 of the European Parliament and of the Council (*4) as specified in the health certificate referred to in Article 4(2) of this Decision; |
| --- | --- | --- |

1.

Article 3 is replaced by the following:

‘Article 3

The importation of meat preparations is subject to the following conditions:

1.

they have been produced in accordance with the relevant requirements laid down in Regulations (EC) No 178/2002 of the European Parliament and of the Council (*1), (EC) No 852/2004 of the European Parliament and of the Council (*2), (EC) No 853/2004 of the European Parliament and of the Council (*3) and (EC) No 999/2001 of the European Parliament and of the Council (*4) as specified in the health certificate referred to in Article 4(2) of this Decision;

| 2. | they come from an establishment or establishments implementing a programme based on the hazard analysis and critical control point (HACCP) principles in accordance with Regulation (EC) No 852/2004; |
| --- | --- |

2.

they come from an establishment or establishments implementing a programme based on the hazard analysis and critical control point (HACCP) principles in accordance with Regulation (EC) No 852/2004;

| 3. | they have been frozen at an internal temperature of not more than – 18 °C at the production plant or plants of origin. |
| --- | --- |

3.

they have been frozen at an internal temperature of not more than – 18 °C at the production plant or plants of origin.

(*1)  
  OJ L 31, 1.2.2002, p. 1."

*1

(*2)  
  OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3."

*2

(*3)  
  OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22."

*3

(*4)  
  OJ L 147, 31.5.2001, p. 1.’;"

*4

| 2. | Article 4a is amended as follows:






  (a) | in point (a), ‘Decision 94/984/EC’ is replaced by ‘Commission Decision 2006/696/EC (*5) |
| --- | --- | --- |

2.

Article 4a is amended as follows:

(a)

in point (a), ‘Decision 94/984/EC’ is replaced by ‘Commission Decision 2006/696/EC (*5)

*5

| (b) | in point (b), the words ‘Decision 94/984/EC’ are replaced by ‘Decision 2006/696/EC’. |
| --- | --- |

(b)

in point (b), the words ‘Decision 94/984/EC’ are replaced by ‘Decision 2006/696/EC’.

| 3. | Annexes II and III are replaced by the text in the Annex to this Decision. |
| --- | --- |

3.

Annexes II and III are replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 July 2008.

However, consignments of meat preparations for which health certificates were issued in accordance with the model established by Decision 2000/572/EC before the amendments introduced by the present Decision and with an issue date prior to 31 December 2008, shall be accepted for import into the Community until 1 April 2009.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 3 July 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 18, 23.1.2002, p. 11.

1

(2)  
  OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

2

(3)  
  OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

3

(4)  
  OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

4

(5)  
  OJ L 240, 23.9.2000, p. 19. Decision as last amended by Decision 2004/437/EC (OJ L 154, 30.4.2004, p. 65, as corrected by OJ L 189, 27.5.2004, p. 52).

5

(6)  
  OJ L 338, 22.12.2005, p. 60. Regulation as last amended by Regulation (EC) No 1245/2007 (OJ L 281, 25.10.2007, p. 19).

6

(7)  
  OJ L 94, 31.3.2004, p. 63. Decision as last amended by Decision 2005/515/EC (OJ L 187, 19.7.2005, p. 29).

7

(8)  
  OJ L 104, 21.4.2007, p. 37.

8

---

ANNEX

‘ANNEX II

Model animal and public health certificate for meat preparations intended for consignment to the European Community from third countries

Image 1

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.:

I.2. Certificate reference number

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

Tel.:

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name

Approval number

Address

I.12.

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17.

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Frozen

I.22. Number of packages

I.23. Identification of container/seal number

I.24. Type of packaging

I.25. Commodities certified for:

Human consumption

I.26.

I.27. For import or admission into EU

I.28. Identification of the commodities

Approval number of establishments

Species

(Scientific name)

Treatment type

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part I: Details of dispatched consignment

Image 2

COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

The meat preparations (1) contains the following meat constituents and meet the criteria indicated below:

Species (A)

Origin (B)

(A) Insert the code for the relevant species of meat contained in the meat preparations where BOV = domestic bovine animals (including Bison and Bubalus species and their crossbreds); OVI = domestic sheep (Ovis aries) and goats (Capra hircus); EQU = domestic solipeds (Equus caballus, Equus asinus and their crossbreds), POR = domestic animals belonging to the Suidae, Tayassuidae, or Tapiridae families; RAB = domestic rabbits, PFG = domestic poultry and farmed feathered game, RUF = farmed non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae; RUW = wild non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae; EQW = wild non-domestic solipeds belonging to the subgenus Hippotigris (Zebra), WLP = wild lagomorphs, WGB = wild game birds.

(B) Insert the ISO code of the country of origin and, in the case of regionalization by Community legislation for the relevant meat constituents, the region.

II.1. Public health attestation

I, the undersigned official veterinarian, declare that I am aware of the relevant provisions of Regulations (EC) No 178/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No 999/2001 and certify that the meat preparations described above were produced in accordance with those requirements, in particular that:

II.1.1. they come from (an) establishment(s) implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;

II.1.2. they have been produced from raw material which meets the requirements of Sections I to IV of Annex III to Regulation (EC) No 853/2004; in particular that:

II.1.2.1. (2) if obtained from domestic pig meat, this meat fulfills the requirements of Commission Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat, and in particular:

(2) either [has been subjected to an examination by a digestion method with negative results;]

(2) or [has been subjected to a freezing treatment in accordance with Annex II to Regulation (EC) No 2075/2005;]

(2) or [in the case of meat from domestic swine kept solely for fattening and slaughter, comes from a holding or category of holdings that has been officially recognized by the competent authority as free from Trichinella in accordance with Annex IV to Regulation (EC) No 2075/2005;]

II.1.2.2. (2) if obtained from horse meat or wild boar meat, this meat fulfills the requirements of Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat, and in particular, has been subject to an examination by a digestion method with negative results;

II.1.3. they have been produced in accordance with Section V of Annex III to Regulation (EC) No 853/2004 and frozen to an internal temperature of not more than – 18 °C;

II.1.4. they have been marked with an identification mark in accordance with Section I of Annex II to Regulation (EC) No 853/2004;

II.1.5. the label(s) affixed on the packaging of meat preparations described above bear(s) a mark to the effect that the meat preparations come wholly from fresh meat from animals slaughtered in slaughterhouses approved for exporting to the European Community;

II.1.6. they satisfy the relevant criteria set out in Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs;

II.1.7. the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof, are fulfilled;

II.1.8. they have been stored and transported in accordance with the relevant requirements of Section V of Annex III to Regulation (EC) No 853/2004;

Part II: Certification

Image 3

COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

(2) [II.1.9. if containing material from bovine, ovine or caprine animals, the fresh meat used in the preparation of the meat preparations shall be subject to the following conditions depending on the BSE risk category of the country of origin:

either (2) [II.1.9.1. for imports from a country or a region with a negligible BSE risk as listed in the Annex to Decision 2007/453/EC:

II.1.9.1.1. the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a negligible BSE risk;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country with negligible BSE risk and passed ante-mortem and post-mortem inspections;

(2) [II.1.9.1.3. if in the country or region there have been BSE indigenous cases:

either (2) [the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced],

or (2) [the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]]]

or (2) [II.1.9.1. for imports from a country or a region with a controlled BSE risk as listed in the Annex to Decision 2007/453/EC:

II.1.9.1.1. the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante-mortem and post-mortem inspections;

II.1.9.1.3. the animals from which the products of bovine, ovine and caprine animal origin destined for export were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

II.1.9.1.4. the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]

or (2) [II.1.9.1. for imports from a country or a region with an undetermined BSE risk as listed in Annex to Decision 2007/453/EC:

II.1.9.1.1. the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants and have passed ante-mortem and post-mortem inspections;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

II.1.9.1.3. the products of bovine, ovine and caprine animal origin are not derived from:

(i) specified risk material as defined in Annex V to Regulation (EC) No 999/2001;

(ii) nervous and lymphatic tissues exposed during the deboning process;

(iii) mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]]

II.2. Animal Health attestation

I, the undersigned, certify that the meat preparations described above:

consist of meat derived from the species referred to in Part I box reference I.28

that is eligible for export to the European Community as fresh meat and that satisfy all the relevant animal health import requirements laid down in Decision(s) (2) (3),

and/or

that originate in a Member State of the European Community (2) (4),

Image 4

COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

II.3. Animal welfare attestation

I, the undersigned, official veterinarian hereby certify, that the meat preparations (1) described in Part I of this certificate are derived from meat from animals which have been treated in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of European Community legislation.

Notes

Part I:

Box reference I.7: name of the country of origin which must be the same as the country of export.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided. In case of unloading and reloading, the consignor must inform the border inspection post of entry into the European Community.

Box reference I.19: Use the appropriate Harmonised System (HS) code of the World Customs Organisation: 02.10, 16.01 or 16.02.

Box reference I.20: Indicate total gross weight and total net weight.

Box reference I.21: frozen corresponds to an internal temperature of not more than – 18 °C.

Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.

Box reference I.28: “Species”: select among species described in Part II (A);

“Treatment type”: storage life (dd/mm/yyyy);

“Cold store”: give the address(es) and approval number(s) of approved cold stores if necessary.

Part II:

(1) Meat preparations as laid down in point 1.15 of Annex I to Regulation (EC) No 853/2004.

(2) Keep as appropriate.

(3) Comply with the animal health conditions as laid down Decision 79/542/EEC and/or Decision 2006/696/EC and/or Decision 2000/585/EC. Only meat from the concerned exporting third country can be utilised in the manufacture of the meat preparations.

(4) Only meat of species and categories for which imports from the concerned third country are authorised by the European Community can be sourced from the Member States for utilisation in the manufacture of the meat preparations.

The colour of the stamp and signature must be different from that of the other particulars in the certificate.

Note for the importer: This certificate is only for veterinary purposes and has to accompany the consignment until it reaches the border inspection post.

Official veterinarian

Name (in capitals):

Qualification and title:

Date:

Signature:

Stamp:

‘ANNEX III

(TRANSIT AND/OR STORAGE)

Image 5

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.:

I.2. Certificate reference number

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

Tel.:

I.6. Person responsible for the load in EU

Name

Address

Postal code

Tel.:

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name

Approval number

Address

I.12. Place of destination

Custom warehouse

Ship supplier

Name

Approval number

Address

Postal code

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17.

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Frozen

I.22. Number of packages

I.23. Identification of container/seal number

I.24. Type of packaging

I.25. Commodities certified for:

Human consumption

I.26. For transit through EU to third country

3rd country

ISO code

I.27.

I.28. Identification of the commodities

Approval number of establishments

Species

(Scientific name)

Treatment type

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part I: Details of dispatched consignment

Image 6

COUNTRY

Meat preparations for transit and/or storage: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

II. Animal health attestation

I, the undersigned official veterinarian, hereby certify, that the meat preparations (1) for transit/storage (2) described above:

II.1. come from a country or region authorised for imports of the species concerned into the European Community as laid down in [Part 1 of Annex II to Decision 79/542/EEC] (3) and/or [Part 1 of Annex II to Decision 2006/696/EC] (3) and/or [Annex I to Decision 2000/585/EC] (3) at the time of slaughter, and

II.2. comply with the relevant animal health conditions as laid down in the animal health attestation in the model certificate(s) [[BOV]/[POR]/[OVI]/[EQU]/[RUF]/[RUW]/[SUF]/[SUW]/[EQW] (3) in Part 2 of Annex II to Decision 79/542/EEC] and/or [[POU]/[RAT]/[WGM] (3) in Part 2 of Annex II to Decision 2006/696/EC] (3) and/or [[C]/ [E]/[H] (3) in Annex III to Decision 2000/585/EC] (3)

II.3. are derived from animals which were slaughtered and processed on or between ... (4)

Notes

Part I:

Box reference I.7: Country and description of territory. Meat in the meat preparations must come from a country or region authorized for imports of the species concerned into the European Community as laid down in Annex I to Decision 2000/585/EC and/or Part 1 of Annex II to Decision 79/542/EEC and/or Annex I to Decision 2006/696/EC.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided. In case of unloading and reloading, the consignor must inform the border inspection post of entry into the European Community.

Box reference I.19: Use the appropriate Harmonised System (HS) code of the World Customs Organisation: 02.10, 16.01 or 16.02.

Box reference I.20: Indicate total gross weight and total net weight.

Box reference I.21: Frozen corresponds to an internal temperature of not more than – 18 °C.

Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.

Box reference I.28: “Species”: select among species described in Part II.2;

“Treatment type”: storage life (dd/mm/yyyy);

“Cold store”: give the address(es) and approval number(s) of approved cold stores if necessary.

Part II:

(1) Meat preparations as laid down in point 1.15 of Annex I to Regulation (EC) No 853/2004.

(2) In accordance with Article 12(4) or Article 13 of Directive 97/78/EC.

(3) Keep as appropriate.

(4) Date or dates of slaughter. Imports of meat preparations shall not be allowed when the meat in the meat preparation has been obtained from animals slaughtered either prior to the date of authorisation for exportation to the European Community of the territory mentioned under Part I, box reference I.7, or during a period where restrictive measures have been adopted by the European Community against imports of meat of the species concerned from this territory.

The colour of the stamp and signature must be different from that of the other particulars in the certificate.

Official veterinarian

Name (in capitals):

Qualification and title:

Date:

Signature:

Stamp:

Part II: Certification

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| 18.7.2008 | EN | Official Journal of the European Union | L 190/35 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/35

---

COMMISSION DECISION

of 11 July 2008

amending Decision No 2007/60/EC as regards the modification of the tasks and the period of operation of the Trans-European Transport Network Executive Agency

(2008/593/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | The Trans-European Transport Network Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2007/60/EC (2) of 26 October 2006, to manage the Community action in the field of the trans-European transport network until 31 December 2008 for the implementation of tasks concerning the granting of Community financial aid pursuant to Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of the trans-European networks (3). Many of these projects will run well until after 31 December 2008. |
| --- | --- |

(1)

The Trans-European Transport Network Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2007/60/EC (2) of 26 October 2006, to manage the Community action in the field of the trans-European transport network until 31 December 2008 for the implementation of tasks concerning the granting of Community financial aid pursuant to Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of the trans-European networks (3). Many of these projects will run well until after 31 December 2008.

| (2) | The Agency should become responsible also for the projects receiving financial aid on the basis of the Regulation (EC) No 680/2007 of the European Parliament and of the Council (4), as this Regulation continues to finance similar actions for the trans-European transport network as under Council Regulation (EC) No 2236/95, for which the Agency already received delegation. |
| --- | --- |

(2)

The Agency should become responsible also for the projects receiving financial aid on the basis of the Regulation (EC) No 680/2007 of the European Parliament and of the Council (4), as this Regulation continues to finance similar actions for the trans-European transport network as under Council Regulation (EC) No 2236/95, for which the Agency already received delegation.

| (3) | The Agency should not become responsible for the adoption of individual decisions granting Community financial aid. However, in order to further increase the efficiency and effectiveness of programme implementation, the Commission may decide to delegate to the Agency the adoption of amendments to such decisions. |
| --- | --- |

(3)

The Agency should not become responsible for the adoption of individual decisions granting Community financial aid. However, in order to further increase the efficiency and effectiveness of programme implementation, the Commission may decide to delegate to the Agency the adoption of amendments to such decisions.

| (4) | The Agency should in particular become responsible for project-related activities independently of the form and method of the Community financial aid defined in Article 6 of the Regulation (EC) No 680/2007. All programme-related activities, such as controlling and policymaking should be excluded and remain with the Commission. |
| --- | --- |

(4)

The Agency should in particular become responsible for project-related activities independently of the form and method of the Community financial aid defined in Article 6 of the Regulation (EC) No 680/2007. All programme-related activities, such as controlling and policymaking should be excluded and remain with the Commission.

| (5) | The Agency should in particular become also responsible for accompanying measures to contribute to the efficiency and effectiveness of the TEN-T programme, in order the maximise its European added value, including promotion of the TEN-T programme to all parties concerned and the improvement of its visibility to the general public, in the Member States and bordering third countries. Such measures could consist of targeted awareness raising and promotion campaigns, including the organisation of TEN-T days, workshops and conferences, announcement and dissemination of results and best practice through adequate publications, including the use of the electronic media, by for instance the preparation of press releases, guidance to potential applicants, brochures on success stories and annual reports, and organisation of the participation of representatives of the agency and/or the Commission at relevant events, such as the inauguration of transport infrastructure. |
| --- | --- |

(5)

The Agency should in particular become also responsible for accompanying measures to contribute to the efficiency and effectiveness of the TEN-T programme, in order the maximise its European added value, including promotion of the TEN-T programme to all parties concerned and the improvement of its visibility to the general public, in the Member States and bordering third countries. Such measures could consist of targeted awareness raising and promotion campaigns, including the organisation of TEN-T days, workshops and conferences, announcement and dissemination of results and best practice through adequate publications, including the use of the electronic media, by for instance the preparation of press releases, guidance to potential applicants, brochures on success stories and annual reports, and organisation of the participation of representatives of the agency and/or the Commission at relevant events, such as the inauguration of transport infrastructure.

| (6) | An updated cost-benefit analysis has been carried out by external consultants showing that the administrative resources, in particular the staffing, of the existing Agency require a significant increase. The Agency would continue to be the most cost-effective option. |
| --- | --- |

(6)

An updated cost-benefit analysis has been carried out by external consultants showing that the administrative resources, in particular the staffing, of the existing Agency require a significant increase. The Agency would continue to be the most cost-effective option.

| (7) | Decision 2007/60/EC should therefore be amended accordingly. |
| --- | --- |

(7)

Decision 2007/60/EC should therefore be amended accordingly.

| (8) | The provisions set out by this Decision are in accordance with the opinion of the Regulatory Committee for Executive Agencies, |
| --- | --- |

(8)

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

HAS DECIDED AS FOLLOWS:

Sole Article

Decision 2007/60/EC is amended as follows:

| 1. | Decision 2007/60/EC is amended as follows:

  ‘Article 3
  Duration
  The Agency shall be set up for a period starting on 1 November 2006 and ending on 31 December 2015.’ |
| --- | --- |

1.

Decision 2007/60/EC is amended as follows:

‘Article 3

Duration

The Agency shall be set up for a period starting on 1 November 2006 and ending on 31 December 2015.’

| 2. | In Article 4, paragraph 1 is replaced by the following:

  ‘1.   The Agency shall be responsible, in the framework of Community action in the field of the trans-European transport network, for the implementation of tasks concerning the granting of Community financial aid pursuant to the Council Regulation (EC) No 2236/95 (*1) and the Regulation (EC) No 680/2007 of the European Parliament and of the Council (*2), with the exception of tasks requiring discretionary powers in translating political choices into action, such as programming, the establishment of priorities, the selection of projects according to Article 5 of the Regulation (EC) No 680/2007, programme evaluation and legislative monitoring. The Agency shall be responsible in particular for the following tasks:






  (a) | assistance to the Commission during the programming and selection phases, as well as management of the monitoring phase of the financial aid granted to projects of common interest under the budget for the trans-European transport network, as well as carrying out the necessary checks to that end, by adopting the relevant decisions using the powers delegated to the Agency by the Commission; |
| --- | --- | --- |

2.

In Article 4, paragraph 1 is replaced by the following:

‘1.   The Agency shall be responsible, in the framework of Community action in the field of the trans-European transport network, for the implementation of tasks concerning the granting of Community financial aid pursuant to the Council Regulation (EC) No 2236/95 (*1) and the Regulation (EC) No 680/2007 of the European Parliament and of the Council (*2), with the exception of tasks requiring discretionary powers in translating political choices into action, such as programming, the establishment of priorities, the selection of projects according to Article 5 of the Regulation (EC) No 680/2007, programme evaluation and legislative monitoring. The Agency shall be responsible in particular for the following tasks:

(a)

assistance to the Commission during the programming and selection phases, as well as management of the monitoring phase of the financial aid granted to projects of common interest under the budget for the trans-European transport network, as well as carrying out the necessary checks to that end, by adopting the relevant decisions using the powers delegated to the Agency by the Commission;

| (b) | coordination with other Community financial instruments, in particular by ensuring the coordination of the granting of financial aid, over the entire route, for all projects of common interest which also receive funding under the Structural Funds, the Cohesion Fund and from the European Investment Bank; |
| --- | --- |

(b)

coordination with other Community financial instruments, in particular by ensuring the coordination of the granting of financial aid, over the entire route, for all projects of common interest which also receive funding under the Structural Funds, the Cohesion Fund and from the European Investment Bank;

| (c) | technical assistance to project promoters regarding the financial engineering for projects and the development of common evaluation methods; |
| --- | --- |

(c)

technical assistance to project promoters regarding the financial engineering for projects and the development of common evaluation methods;

| (d) | adoption of the budget implementation instruments for revenue and expenditure and implementation, where the Commission has delegated responsibility to the Agency, of all operations required for the management of Community actions in the field of the trans-European transport network, as provided for in the Regulation (EC) No 2236/95 and the Regulation (EC) No 680/2007; |
| --- | --- |

(d)

adoption of the budget implementation instruments for revenue and expenditure and implementation, where the Commission has delegated responsibility to the Agency, of all operations required for the management of Community actions in the field of the trans-European transport network, as provided for in the Regulation (EC) No 2236/95 and the Regulation (EC) No 680/2007;

| (e) | collection, analysis and transmission to the Commission of all information required by the Commission for the implementation of the trans-European transport network; |
| --- | --- |

(e)

collection, analysis and transmission to the Commission of all information required by the Commission for the implementation of the trans-European transport network;

| (f) | accompanying measures to contribute to the efficiency and effectiveness of the TEN-T programme in order to maximise its European added value, including promotion of the TEN-T programme to all parties concerned and the improvement of its visibility to the general public, in the Member States and bordering third countries; |
| --- | --- |

(f)

accompanying measures to contribute to the efficiency and effectiveness of the TEN-T programme in order to maximise its European added value, including promotion of the TEN-T programme to all parties concerned and the improvement of its visibility to the general public, in the Member States and bordering third countries;

| (g) | any technical and administrative support requested by the Commission. |
| --- | --- |

(g)

any technical and administrative support requested by the Commission.

(*1)  
  OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 16)."

*1

(*2)  
  OJ L 162, 22.6.2007, p. 1.’
  "

*2

Done at Brussels, 11 July 2008.

For the Commission

Antonio TAJANI

Vice-President

---

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

1

(2)  
  OJ L 32, 6.2.2007, p. 88.

2

(3)  
  OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 16).

3

(4)  
  OJ L 162, 22.6.2007, p. 1.

4

---

RECOMMENDATIONS

| 18.7.2008 | EN | Official Journal of the European Union | L 190/37 |
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18.7.2008

EN

Official Journal of the European Union

L 190/37

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COMMISSION RECOMMENDATION

of 2 July 2008

on cross-border interoperability of electronic health record systems

(notified under document number C(2008) 3282)

(2008/594/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

| (1) | The strategic initiative i2010, which is an initiative for growth and employment, builds on information and communication technology policies, research and innovation to help achieve the goals of the Lisbon Strategy. The i2010 initiative promotes the building of European information society and encourages provision of better public services, including eHealth. |
| --- | --- |

(1)

The strategic initiative i2010, which is an initiative for growth and employment, builds on information and communication technology policies, research and innovation to help achieve the goals of the Lisbon Strategy. The i2010 initiative promotes the building of European information society and encourages provision of better public services, including eHealth.

| (2) | Resolving existing and future challenges to European healthcare systems is possible, at least partly, through deployment of proven information and communication technology-enabled solutions (eHealth). A major requirement to use benefits of eHealth is improved cooperation regarding interoperability of Member States’ eHealth systems and applications. Electronic health record systems form a fundamental part of eHealth systems. |
| --- | --- |

(2)

Resolving existing and future challenges to European healthcare systems is possible, at least partly, through deployment of proven information and communication technology-enabled solutions (eHealth). A major requirement to use benefits of eHealth is improved cooperation regarding interoperability of Member States’ eHealth systems and applications. Electronic health record systems form a fundamental part of eHealth systems.

| (3) | Electronic health record systems have the potential to achieve greater quality and security in health information than the traditional forms of health records. Interoperability of electronic health record systems should make access easier, and enhance the quality and safety of patient care throughout the Community by providing patients and health professionals with relevant and up-to-date information while ensuring the highest standards of protection of personal data and confidentiality. Enhancing cross-border cooperation in the domain of eHealth requires cooperation between providers, purchasers and regulators of healthcare services in different Member States. At the same time any measure relating to interoperability need not necessarily lead to the harmonisation of laws and regulations of the organisation and delivery of healthcare in Member States. |
| --- | --- |

(3)

Electronic health record systems have the potential to achieve greater quality and security in health information than the traditional forms of health records. Interoperability of electronic health record systems should make access easier, and enhance the quality and safety of patient care throughout the Community by providing patients and health professionals with relevant and up-to-date information while ensuring the highest standards of protection of personal data and confidentiality. Enhancing cross-border cooperation in the domain of eHealth requires cooperation between providers, purchasers and regulators of healthcare services in different Member States. At the same time any measure relating to interoperability need not necessarily lead to the harmonisation of laws and regulations of the organisation and delivery of healthcare in Member States.

| (4) | Lack of interoperability of electronic health record systems is one of the major obstacles for realising the social and economic benefits of eHealth in the Community. Market fragmentation in eHealth is aggravated by the lack of technical and semantic interoperability. The health information and communication systems and standards currently used in Member States are often incompatible and do not facilitate access to vital information for provision of safe and good quality healthcare across different Member States. |
| --- | --- |

(4)

Lack of interoperability of electronic health record systems is one of the major obstacles for realising the social and economic benefits of eHealth in the Community. Market fragmentation in eHealth is aggravated by the lack of technical and semantic interoperability. The health information and communication systems and standards currently used in Member States are often incompatible and do not facilitate access to vital information for provision of safe and good quality healthcare across different Member States.

| (5) | The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions ‘eHealth — making healthcare better for European citizens: An action plan for a European eHealth Area’, presented on 30 April 2004 (1), outlines the potential of eHealth systems and major challenges for its wide deployment. The Action Plan outlined in this Communication calls for joint Community and Member States action on interoperability of electronic health record systems. |
| --- | --- |

(5)

The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions ‘eHealth — making healthcare better for European citizens: An action plan for a European eHealth Area’, presented on 30 April 2004 (1), outlines the potential of eHealth systems and major challenges for its wide deployment. The Action Plan outlined in this Communication calls for joint Community and Member States action on interoperability of electronic health record systems.

| (6) | The Declaration of the High Level eHealth Conference in 2007 acknowledged the importance of starting joint initiatives among Member States by strengthening a range of activities related to interoperability of electronic health record systems. |
| --- | --- |

(6)

The Declaration of the High Level eHealth Conference in 2007 acknowledged the importance of starting joint initiatives among Member States by strengthening a range of activities related to interoperability of electronic health record systems.

| (7) | The Commission responded to the report ‘Creating an Innovative Europe’ of the independent expert group with the Communication ‘A Lead Market Initiative for Europe’ (2) that aims at the creation and marketing of innovative products and services in lead industrial and social areas, including eHealth. One of the main targets of the proposed initiatives to boost the interoperability of electronic health record systems, since the health information and communication systems and standards currently used in Member States are often incompatible and thus present a barrier to the emergence of cost-effective and innovative information technology solutions for healthcare. |
| --- | --- |

(7)

The Commission responded to the report ‘Creating an Innovative Europe’ of the independent expert group with the Communication ‘A Lead Market Initiative for Europe’ (2) that aims at the creation and marketing of innovative products and services in lead industrial and social areas, including eHealth. One of the main targets of the proposed initiatives to boost the interoperability of electronic health record systems, since the health information and communication systems and standards currently used in Member States are often incompatible and thus present a barrier to the emergence of cost-effective and innovative information technology solutions for healthcare.

| (8) | The European Parliament, on 23 May 2007, passed a Resolution on the impact and consequences of the exclusion of health services from the Directive on services in the internal market (3). The Resolution invites the Commission to encourage Member States to actively support the introduction of eHealth and telemedicine, particularly by developing interoperable systems allowing the exchange of patient information between healthcare providers in different Member States. |
| --- | --- |

(8)

The European Parliament, on 23 May 2007, passed a Resolution on the impact and consequences of the exclusion of health services from the Directive on services in the internal market (3). The Resolution invites the Commission to encourage Member States to actively support the introduction of eHealth and telemedicine, particularly by developing interoperable systems allowing the exchange of patient information between healthcare providers in different Member States.

| (9) | The purpose of the Recommendation is to contribute to development of overall European eHealth interoperability by the end of 2015. |
| --- | --- |

(9)

The purpose of the Recommendation is to contribute to development of overall European eHealth interoperability by the end of 2015.

| (10) | This Recommendation respects and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Article 7 on the right to respect for private and family life and Article 8 on the right of every individual to the protection of his or her personal data. |
| --- | --- |

(10)

This Recommendation respects and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Article 7 on the right to respect for private and family life and Article 8 on the right of every individual to the protection of his or her personal data.

| (11) | Health records are among the most sensitive records available containing information concerning an individual. The unauthorised disclosure of a medical condition or diagnosis could negatively impact an individual’s personal and professional life. Maintaining health records in an electronic form increases the risk that patients’ information could be accidentally exposed or easily distributed to unauthorised parties. |
| --- | --- |

(11)

Health records are among the most sensitive records available containing information concerning an individual. The unauthorised disclosure of a medical condition or diagnosis could negatively impact an individual’s personal and professional life. Maintaining health records in an electronic form increases the risk that patients’ information could be accidentally exposed or easily distributed to unauthorised parties.

| (12) | Interoperability of electronic health records involves transfer of personal data concerning a patient’s health. These data should be able to flow freely from one Member State to another, but at the same time the fundamental rights of the individual should be safeguarded. This Recommendation should therefore be without prejudice to the Community provisions on the protection of personal data consisting in particular of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5). |
| --- | --- |

(12)

Interoperability of electronic health records involves transfer of personal data concerning a patient’s health. These data should be able to flow freely from one Member State to another, but at the same time the fundamental rights of the individual should be safeguarded. This Recommendation should therefore be without prejudice to the Community provisions on the protection of personal data consisting in particular of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5).

| (13) | The Commission considers that Privacy Enhancing Technologies (PETs) should be developed and more widely used where personal data is processed through ICT networks in relevant fields such as eHealth (6), |
| --- | --- |

(13)

The Commission considers that Privacy Enhancing Technologies (PETs) should be developed and more widely used where personal data is processed through ICT networks in relevant fields such as eHealth (6),

HEREBY RECOMMENDS:

1.   This Recommendation provides a set of guidelines for developing and deploying interoperable electronic health record systems, allowing for cross-border exchange of patient data within the Community so far as necessary for a legitimate medical or healthcare purpose. Such electronic health record systems should enable healthcare providers to ensure that a patient receives care more effectively and efficiently by having timely and secure access to basic, and possibly vital, health information, if so needed and in conformity with the patient’s fundamental rights to privacy and data protection.

2.   This Recommendation provides guidance for interoperability of electronic health record systems, including patient summaries, emergency data sets, medication records facilitating ePrescription solutions.

3.   For the purposes of this Recommendation the following definitions are applied:

| (a) | ‘patient’ means any natural person who receives or wishes to receive health care in a Member State; |
| --- | --- |

(a)

‘patient’ means any natural person who receives or wishes to receive health care in a Member State;

| (b) | ‘health professional’ means a doctor of medicine or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (7) or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC; |
| --- | --- |

(b)

‘health professional’ means a doctor of medicine or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (7) or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC;

| (c) | ‘electronic health record’ means a comprehensive medical record or similar documentation of the past and present physical and mental state of health of an individual in electronic form, and providing for ready availability of these data for medical treatment and other closely related purposes; |
| --- | --- |

(c)

‘electronic health record’ means a comprehensive medical record or similar documentation of the past and present physical and mental state of health of an individual in electronic form, and providing for ready availability of these data for medical treatment and other closely related purposes;

| (d) | ‘electronic health record system’ means a system for recording, retrieving and manipulating information in electronic health records; |
| --- | --- |

(d)

‘electronic health record system’ means a system for recording, retrieving and manipulating information in electronic health records;

| (e) | ‘patient’s summary, emergency data set, medication record’ mean subsets of electronic health records that contain information for a particular application and particular purpose of use, such as an unscheduled care event or ePrescription; |
| --- | --- |

(e)

‘patient’s summary, emergency data set, medication record’ mean subsets of electronic health records that contain information for a particular application and particular purpose of use, such as an unscheduled care event or ePrescription;

| (f) | ‘ePrescription’ means a medicinal prescription, as defined by Article 1(19) of Directive 2001/83/EC of the European Parliament and of the Council (8), issued and transmitted electronically; |
| --- | --- |

(f)

‘ePrescription’ means a medicinal prescription, as defined by Article 1(19) of Directive 2001/83/EC of the European Parliament and of the Council (8), issued and transmitted electronically;

| (g) | ‘interoperability of electronic health record systems’ means the ability of two or more electronic health record systems to exchange both computer interpretable data and human interpretable information and knowledge; |
| --- | --- |

(g)

‘interoperability of electronic health record systems’ means the ability of two or more electronic health record systems to exchange both computer interpretable data and human interpretable information and knowledge;

| (h) | ‘cross-border interoperability’ means interoperability between neighbouring and non-neighbouring Member States and their entire territories; |
| --- | --- |

(h)

‘cross-border interoperability’ means interoperability between neighbouring and non-neighbouring Member States and their entire territories;

| (i) | ‘semantic interoperability’ means ensuring that the precise meaning of exchanged information is understandable by any other system or application not initially developed for this purpose. |
| --- | --- |

(i)

‘semantic interoperability’ means ensuring that the precise meaning of exchanged information is understandable by any other system or application not initially developed for this purpose.

4.   Achieving and maintaining cross-border interoperability of electronic health record systems implies managing a continuous process of change and the adaptation of a multitude of elements and issues within and across electronic infrastructures in Member States. These electronic infrastructures are necessary to exchange information, interact cooperate in order to ensure the highest possible levels of quality and safety in healthcare provision to patients. Implementing interoperability of electronic health record systems will require a complex set of framework conditions, organisational structures and implementation procedures involving all relevant stakeholders.

| (a) | To achieve this, Member States are invited to undertake actions at five levels, namely the overall political, the organisational, the technical, the semantic and the level of education and awareness raising. |
| --- | --- |

(a)

To achieve this, Member States are invited to undertake actions at five levels, namely the overall political, the organisational, the technical, the semantic and the level of education and awareness raising.

| (b) | Underpinning these activities will be full compliance with national as well as Community legal instruments, in particular for the protection of personal data, including confidentiality and data security. The necessary legal safeguards should be ensured, together with the embedding of data protection safeguards in the design and implementation of electronic health record systems. Furthermore, it is indispensable to develop mechanisms for education of both patients and professionals as well as for the evaluation and monitoring of activities necessary for ensuring the interoperability of electronic health record systems. |
| --- | --- |

(b)

Underpinning these activities will be full compliance with national as well as Community legal instruments, in particular for the protection of personal data, including confidentiality and data security. The necessary legal safeguards should be ensured, together with the embedding of data protection safeguards in the design and implementation of electronic health record systems. Furthermore, it is indispensable to develop mechanisms for education of both patients and professionals as well as for the evaluation and monitoring of activities necessary for ensuring the interoperability of electronic health record systems.

The political level of cross-border interoperability of electronic health record systems

5.   At the level of political feasibility and commitment to electronic health record systems interoperability, it is recommended that Member States:

| (a) | commit politically and strategically to the implementation at local, regional and national level of electronic health record systems that are capable also of interoperating with electronic health record systems in other Member States; |
| --- | --- |

(a)

commit politically and strategically to the implementation at local, regional and national level of electronic health record systems that are capable also of interoperating with electronic health record systems in other Member States;

| (b) | engage in active cooperation with other Member States and relevant stakeholders to ensure the adoption and implementation of standards that make the cross-border interoperability of electronic health record systems feasible and; secure |
| --- | --- |

(b)

engage in active cooperation with other Member States and relevant stakeholders to ensure the adoption and implementation of standards that make the cross-border interoperability of electronic health record systems feasible and; secure

| (c) | implement interoperability of electronic health record systems as an integral part of regional and national eHealth strategies; |
| --- | --- |

(c)

implement interoperability of electronic health record systems as an integral part of regional and national eHealth strategies;

| (d) | consider the inclusion of eHealth in national and regional strategies for territorial cohesion and development and analyse the results of already deployed electronic health record systems at the level of eHealth policy and financing possibilities. For the period 2007-2013 the support for developing eHealth interoperability through investments in eHealth and trans-national and cross-border activities is provided within the framework of cohesion policy; |
| --- | --- |

(d)

consider the inclusion of eHealth in national and regional strategies for territorial cohesion and development and analyse the results of already deployed electronic health record systems at the level of eHealth policy and financing possibilities. For the period 2007-2013 the support for developing eHealth interoperability through investments in eHealth and trans-national and cross-border activities is provided within the framework of cohesion policy;

| (e) | analyse the risks, barriers or missing elements in relation to achieving cross-border interoperability of electronic health record systems, and identify the necessary preconditions and relevant incentives to solve the problems; |
| --- | --- |

(e)

analyse the risks, barriers or missing elements in relation to achieving cross-border interoperability of electronic health record systems, and identify the necessary preconditions and relevant incentives to solve the problems;

| (f) | reserve adequate resources, for example by means of direct incentives, to invest in electronic health record systems; |
| --- | --- |

(f)

reserve adequate resources, for example by means of direct incentives, to invest in electronic health record systems;

| (g) | recognise that investments in both technical and semantic interoperability can be beneficial in the shorter term, applying a step-by-step approach and examples of best practice, drawing on priorities and expertise of Member States; |
| --- | --- |

(g)

recognise that investments in both technical and semantic interoperability can be beneficial in the shorter term, applying a step-by-step approach and examples of best practice, drawing on priorities and expertise of Member States;

| (h) | consider the creation of other financial indirect incentive mechanisms to enable the adoption, acquisition and/or modernisation of interoperable electronic health record systems; |
| --- | --- |

(h)

consider the creation of other financial indirect incentive mechanisms to enable the adoption, acquisition and/or modernisation of interoperable electronic health record systems;

| (i) | plan the activities directed to ensure the interoperability of electronic health record systems ahead for at least five years. Such a timescale is deemed appropriate to ensure policy consistency — which is often a precondition for increasing investment and innovation; |
| --- | --- |

(i)

plan the activities directed to ensure the interoperability of electronic health record systems ahead for at least five years. Such a timescale is deemed appropriate to ensure policy consistency — which is often a precondition for increasing investment and innovation;

| (j) | accompany implementation of electronic health record systems by strong involvement of users and other stakeholders in establishing adequate governance, management, public-private partnerships, public procurement, planning, implementation, evaluation, training, information and education; |
| --- | --- |

(j)

accompany implementation of electronic health record systems by strong involvement of users and other stakeholders in establishing adequate governance, management, public-private partnerships, public procurement, planning, implementation, evaluation, training, information and education;

| (k) | raise awareness among relevant stakeholders such as local and regional authorities, health professionals, patients and industry of the benefits and need for interoperability of electronic health record systems. |
| --- | --- |

(k)

raise awareness among relevant stakeholders such as local and regional authorities, health professionals, patients and industry of the benefits and need for interoperability of electronic health record systems.

The organisational level of cross-border interoperability of electronic health record systems

6.   It is essential to create an organisational framework and process that will enable cross-border interoperability of electronic health record systems. This should be based on a roadmap, developed by Member States, which covers a five-year period and provides details with regard to the following milestones:

| (a) | agree on a European governance process to establish guidelines for developing, implementing and sustaining cross-border interoperability of electronic health record systems covering management for reliable identification of patients and authentication of health professionals as well as other relevant issues as described in points 7, 8, 9 and 14; |
| --- | --- |

(a)

agree on a European governance process to establish guidelines for developing, implementing and sustaining cross-border interoperability of electronic health record systems covering management for reliable identification of patients and authentication of health professionals as well as other relevant issues as described in points 7, 8, 9 and 14;

| (b) | consider policies and incentives to increase demand for procuring eHealth services to enable interoperability of electronic health record systems; |
| --- | --- |

(b)

consider policies and incentives to increase demand for procuring eHealth services to enable interoperability of electronic health record systems;

| (c) | analyse the factors which render the standardisation processes leading to higher levels of interoperability of electronic health record systems such a long, complex and expensive activity, and devise measures to speed up these processes. |
| --- | --- |

(c)

analyse the factors which render the standardisation processes leading to higher levels of interoperability of electronic health record systems such a long, complex and expensive activity, and devise measures to speed up these processes.

Technical interoperability of electronic health record systems

7.   Compatibility of electronic health record systems at the technical level is the essential prerequisite for interoperable electronic health record systems. Member States should:

| (a) | undertake a comprehensive survey of existing technical standards and infrastructures that may facilitate the implementation of systems supporting cross-border healthcare and the provision of healthcare services throughout the Community, especially those related to electronic health records and exchange of information; |
| --- | --- |

(a)

undertake a comprehensive survey of existing technical standards and infrastructures that may facilitate the implementation of systems supporting cross-border healthcare and the provision of healthcare services throughout the Community, especially those related to electronic health records and exchange of information;

| (b) | analyse the use of standardised information models and standards-based profiles when developing and implementing interoperable electronic health record systems and services solutions. Consider standardised information models and standards-based profiles to be part of national or regional specific interoperability specifications. Where appropriate, these information models and profiles should make use of existing European and international standards, and be based on the approaches and achievements of relevant industrial initiatives; |
| --- | --- |

(b)

analyse the use of standardised information models and standards-based profiles when developing and implementing interoperable electronic health record systems and services solutions. Consider standardised information models and standards-based profiles to be part of national or regional specific interoperability specifications. Where appropriate, these information models and profiles should make use of existing European and international standards, and be based on the approaches and achievements of relevant industrial initiatives;

| (c) | commit to the development of any necessary additional standards, preferably open standards on a global scale, involving the relevant European and international standardisation bodies in the key areas where shortcomings have been identified; |
| --- | --- |

(c)

commit to the development of any necessary additional standards, preferably open standards on a global scale, involving the relevant European and international standardisation bodies in the key areas where shortcomings have been identified;

| (d) | analyse the achievements of the Mandate M 403: ‘Mandate to the European Standardisation Organisations CEN, Cenelec and ETSI in the field of Information and Communication Technologies, applied to the domain of eHealth’ in order to provide optimal technological foundations, infrastructure, safety and regulatory integration in Europe and within global markets. |
| --- | --- |

(d)

analyse the achievements of the Mandate M 403: ‘Mandate to the European Standardisation Organisations CEN, Cenelec and ETSI in the field of Information and Communication Technologies, applied to the domain of eHealth’ in order to provide optimal technological foundations, infrastructure, safety and regulatory integration in Europe and within global markets.

Semantic interoperability of electronic health record systems

8.   Semantic interoperability is an essential factor in achieving the benefits of electronic health records to improve the quality and safety of patient care, public health, clinical research, and health service management. The Member States should:

| (a) | establish an appropriate mechanism in cooperation with the relevant standards development organisations, the Commission and the World Health Organisation, to involve national research centres, relevant industries and stakeholders in the development of health semantics to advance in implementation efforts of interoperable electronic health record systems; |
| --- | --- |

(a)

establish an appropriate mechanism in cooperation with the relevant standards development organisations, the Commission and the World Health Organisation, to involve national research centres, relevant industries and stakeholders in the development of health semantics to advance in implementation efforts of interoperable electronic health record systems;

| (b) | wherever possible, consider the suitability of international medical-clinical terminologies, nomenclatures and classifications of diseases, including those for pharmacovigilance and clinical trials; the establishment of competence centres for multilingual and multicultural adaptation of international classifications and terminologies should also be encouraged; |
| --- | --- |

(b)

wherever possible, consider the suitability of international medical-clinical terminologies, nomenclatures and classifications of diseases, including those for pharmacovigilance and clinical trials; the establishment of competence centres for multilingual and multicultural adaptation of international classifications and terminologies should also be encouraged;

| (c) | agree on standards for semantic interoperability to represent the relevant health information for a particular application through data structures (such as archetypes and templates), and subsets of terminology systems and ontologies responsive to local user needs; |
| --- | --- |

(c)

agree on standards for semantic interoperability to represent the relevant health information for a particular application through data structures (such as archetypes and templates), and subsets of terminology systems and ontologies responsive to local user needs;

| (d) | consider the need for a sustainable reference system of concepts (ontology) as a basis for mapping multilingual lexicons that take into account the difference between professional healthcare languages, lay terminologies and traditional coding schemes; |
| --- | --- |

(d)

consider the need for a sustainable reference system of concepts (ontology) as a basis for mapping multilingual lexicons that take into account the difference between professional healthcare languages, lay terminologies and traditional coding schemes;

| (e) | support the widespread availability of methodologies and tools for incorporating the semantic content into practical applications as well as the development of relevant human capacity and skills in this domain; |
| --- | --- |

(e)

support the widespread availability of methodologies and tools for incorporating the semantic content into practical applications as well as the development of relevant human capacity and skills in this domain;

| (f) | demonstrate the benefits and/or shortcomings of current and future systems through scientifically sound evaluation and assessment. |
| --- | --- |

(f)

demonstrate the benefits and/or shortcomings of current and future systems through scientifically sound evaluation and assessment.

Certification of electronic health record systems

9.   There is a need for a mutually recognisable conformity testing procedures that are valid throughout the Community or which serve as a basis for each Member State’s certification mechanism. Therefore Member States should:

| (a) | apply properly the existing eHealth standards and profiles, namely those related to interoperability of electronic health record systems, in order to enhance users’ confidence in those standards; |
| --- | --- |

(a)

apply properly the existing eHealth standards and profiles, namely those related to interoperability of electronic health record systems, in order to enhance users’ confidence in those standards;

| (b) | put into place a joint or mutually recognised mechanism for conformity testing and certification of interoperable electronic health records and other eHealth applications, such as the techniques and methodologies offered by various industry consortia; |
| --- | --- |

(b)

put into place a joint or mutually recognised mechanism for conformity testing and certification of interoperable electronic health records and other eHealth applications, such as the techniques and methodologies offered by various industry consortia;

| (c) | consider the industry self-certification and/or conformity testing activities as a mechanism to reduce delays in bringing interoperable eHealth solutions to the market; |
| --- | --- |

(c)

consider the industry self-certification and/or conformity testing activities as a mechanism to reduce delays in bringing interoperable eHealth solutions to the market;

| (d) | take into account national and international practices, including those which exist outside Europe. |
| --- | --- |

(d)

take into account national and international practices, including those which exist outside Europe.

Protection of personal data

10.   Member States should ensure that the fundamental right to protection of personal data is fully and effectively protected in interoperable eHealth systems, in particular in electronic health record systems, in conformity with Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC.

11.   Directive 95/46/EC applies to personal data processed in application of this Recommendation. Processing of personal data contained in the electronic health records and their systems is particularly sensitive and therefore subject to the special data protection rules on the processing of sensitive data. Article 8 of Directive 95/46/EC prohibits in principle the processing of sensitive data concerning health. Limited exemptions to this prohibition principle are laid down in the Directive, in particular if processing is required for specified medical and healthcare purposes.

12.   Member States should be aware that interoperable electronic health record systems increase the risk that personal data concerning health could be accidentally exposed or easily distributed to unauthorised parties, by enabling greater access to a compilation of the personal data concerning health, from different sources, and throughout a lifetime.

13.   Member States should follow the guidance on electronic health record systems provided for by the Working Party set up under Article 29 of Directive 95/46/EC (9).

14.   Member States should lay down a comprehensive legal framework for interoperable electronic health record systems. Such a legal framework should recognise and address the sensitive nature of personal data concerning health and provide for specific and suitable safeguards so as to protect the fundamental right to protection of personal data of the individual concerned.

This legal framework should in particular:

| (a) | analyse different personal data protection impacts of organisational alternatives for storing personal data concerning health and establish organisational structures for electronic health record systems in view of the specific risks for the rights and freedoms of data subjects, which best reflect the national, regional and local specifications and practices; |
| --- | --- |

(a)

analyse different personal data protection impacts of organisational alternatives for storing personal data concerning health and establish organisational structures for electronic health record systems in view of the specific risks for the rights and freedoms of data subjects, which best reflect the national, regional and local specifications and practices;

| (b) | guarantee the patient’s self-determination by allowing for the patient’s autonomous and freely taken decision, supported by means of user-friendly technology, as to which personal data concerning health are to be stored and disclosed to whom in his or her electronic health record unless expressly required by national law. This decision shall be without prejudice to the possibility for the relevant healthcare body or doctor to store this data for treatment purposes; |
| --- | --- |

(b)

guarantee the patient’s self-determination by allowing for the patient’s autonomous and freely taken decision, supported by means of user-friendly technology, as to which personal data concerning health are to be stored and disclosed to whom in his or her electronic health record unless expressly required by national law. This decision shall be without prejudice to the possibility for the relevant healthcare body or doctor to store this data for treatment purposes;

| (c) | establish that electronic health record systems are designed and selected in accordance with the aim of collecting, processing or using no personal data or as little personal data as possible. In particular, use is to be made of the possibilities for pseudonymisation or rendering persons anonymous, insofar as this is possible and the effort involved is reasonable in relation to the desired level of protection; |
| --- | --- |

(c)

establish that electronic health record systems are designed and selected in accordance with the aim of collecting, processing or using no personal data or as little personal data as possible. In particular, use is to be made of the possibilities for pseudonymisation or rendering persons anonymous, insofar as this is possible and the effort involved is reasonable in relation to the desired level of protection;

| (d) | provide for an assessment of the information security risks and personal data protection impacts prior to the implementation of an electronic health record system, in view of the specific risks for the rights and freedoms of data subjects; |
| --- | --- |

(d)

provide for an assessment of the information security risks and personal data protection impacts prior to the implementation of an electronic health record system, in view of the specific risks for the rights and freedoms of data subjects;

| (e) | clarify the extent to which categories of personal data concerning health should be made available in electronic form or online. In particular, certain categories of personal data concerning health such as genetic or psychiatric data may have to be excluded from online processing altogether or at least be subject to especially strict access controls; |
| --- | --- |

(e)

clarify the extent to which categories of personal data concerning health should be made available in electronic form or online. In particular, certain categories of personal data concerning health such as genetic or psychiatric data may have to be excluded from online processing altogether or at least be subject to especially strict access controls;

| (f) | prescribe that processing of personal data in electronic health records and their systems must be required and carried out only by a health professional subject under national law or rules established by national competent bodies to the obligation of professional secrecy or by another person subject to an equivalent obligation of secrecy; ensure a reliable identification of patients and health professionals; |
| --- | --- |

(f)

prescribe that processing of personal data in electronic health records and their systems must be required and carried out only by a health professional subject under national law or rules established by national competent bodies to the obligation of professional secrecy or by another person subject to an equivalent obligation of secrecy; ensure a reliable identification of patients and health professionals;

| (g) | determine the conditions under which health data contained in electronic health record systems can be lawfully accessed and processed by persons other than the individual concerned, and for what predefined health purposes, including the security that should be assured while processing health data; specify these issues as policies that can be practically applied, technically implemented and enforced, inter alia, by the national data protection supervisory authorities; |
| --- | --- |

(g)

determine the conditions under which health data contained in electronic health record systems can be lawfully accessed and processed by persons other than the individual concerned, and for what predefined health purposes, including the security that should be assured while processing health data; specify these issues as policies that can be practically applied, technically implemented and enforced, inter alia, by the national data protection supervisory authorities;

| (h) | ensure that patients are fully informed on the nature of the data and the structure of the electronic health record containing them. Patients should have alternative (conventional) means to access personal data concerning health related to him or her. In this context it is important to ensure that information provided to data subjects uses language and a layout that is easy to understand and is given in an appropriate manner to persons with special needs (e.g. children or elderly persons); |
| --- | --- |

(h)

ensure that patients are fully informed on the nature of the data and the structure of the electronic health record containing them. Patients should have alternative (conventional) means to access personal data concerning health related to him or her. In this context it is important to ensure that information provided to data subjects uses language and a layout that is easy to understand and is given in an appropriate manner to persons with special needs (e.g. children or elderly persons);

| (i) | provide for special measures to prevent patients from being illegally induced to disclose their personal data contained in electronic health record systems; |
| --- | --- |

(i)

provide for special measures to prevent patients from being illegally induced to disclose their personal data contained in electronic health record systems;

| (j) | make sure that any processing — especially the storage — of personal data in electronic health record systems takes place within jurisdictions applying Directive 95/46/EC or those with an adequate level of protection of personal data;. |
| --- | --- |

(j)

make sure that any processing — especially the storage — of personal data in electronic health record systems takes place within jurisdictions applying Directive 95/46/EC or those with an adequate level of protection of personal data;.

| (k) | lay down detailed auditing requirements for the purpose of ensuring compliance with data protection obligations, such as reliable system of electronic identification and authentication, data access logging, documentation of all processing steps, duration of maintaining the auditing information, effective back up and recovery systems, and enforce the adoption of these requirements or solutions according to best practices for information handling; |
| --- | --- |

(k)

lay down detailed auditing requirements for the purpose of ensuring compliance with data protection obligations, such as reliable system of electronic identification and authentication, data access logging, documentation of all processing steps, duration of maintaining the auditing information, effective back up and recovery systems, and enforce the adoption of these requirements or solutions according to best practices for information handling;

| (l) | guarantee the confidentiality of electronic health record systems as well as provide for appropriate technical and organisational measures, including rules on incident detection and management processes, in case of a breach of security or identity mechanisms leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in electronic health record systems. Incidents or violations should be identified promptly and effectively and measures or solutions should be put in place to manage such incidents, including informing and involving the individuals concerned, the national data protection supervisory authorities, and other appropriate stakeholders. |
| --- | --- |

(l)

guarantee the confidentiality of electronic health record systems as well as provide for appropriate technical and organisational measures, including rules on incident detection and management processes, in case of a breach of security or identity mechanisms leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in electronic health record systems. Incidents or violations should be identified promptly and effectively and measures or solutions should be put in place to manage such incidents, including informing and involving the individuals concerned, the national data protection supervisory authorities, and other appropriate stakeholders.

15.   Member States should furthermore:

| (a) | stimulate the deployment of security-enhancing products, processes and services to prevent and fight identity theft and other privacy-intrusive attacks; |
| --- | --- |

(a)

stimulate the deployment of security-enhancing products, processes and services to prevent and fight identity theft and other privacy-intrusive attacks;

| (b) | ensure that data protection safeguards are embedded in electronic health record systems, including through the widest possible use of Privacy Enhancing Technologies (PETs) in their design and implementation. |
| --- | --- |

(b)

ensure that data protection safeguards are embedded in electronic health record systems, including through the widest possible use of Privacy Enhancing Technologies (PETs) in their design and implementation.

Monitoring and evaluation

16.   In order to ensure monitoring and evaluation of cross-border interoperability of electronic health record systems, Member States should:

| (a) | consider the possibilities for setting up a monitoring observatory for interoperability of electronic health record systems in the Community to monitor, benchmark and assess progress on technical and semantic interoperability for successful implementation of electronic health record systems; |
| --- | --- |

(a)

consider the possibilities for setting up a monitoring observatory for interoperability of electronic health record systems in the Community to monitor, benchmark and assess progress on technical and semantic interoperability for successful implementation of electronic health record systems;

| (b) | undertake a number of assessment activities. These could include defining the quantitative and qualitative criteria for measuring the eventual benefits and risks (including economic benefits and cost-effectiveness) of interoperable electronic health record systems and assessing the benefits and risks achieved by the systems and services developed by such practical demonstrators as the Large Scale Pilot projects (Pilot Actions A) that are incorporated within the Competitiveness and Innovation Programme ICT Policy Support Programme. |
| --- | --- |

(b)

undertake a number of assessment activities. These could include defining the quantitative and qualitative criteria for measuring the eventual benefits and risks (including economic benefits and cost-effectiveness) of interoperable electronic health record systems and assessing the benefits and risks achieved by the systems and services developed by such practical demonstrators as the Large Scale Pilot projects (Pilot Actions A) that are incorporated within the Competitiveness and Innovation Programme ICT Policy Support Programme.

Education and awareness raising

17.   In terms of education, training and awareness raising, Member States should:

| (a) | increase awareness about the benefits of and need for standards in electronic health record systems and their interoperability among producers and vendors of information and communication technologies, healthcare providers, public health institutions, insurers and other stakeholders; |
| --- | --- |

(a)

increase awareness about the benefits of and need for standards in electronic health record systems and their interoperability among producers and vendors of information and communication technologies, healthcare providers, public health institutions, insurers and other stakeholders;

| (b) | consider requirements for education and training with regard to health policy-makers and health professionals; |
| --- | --- |

(b)

consider requirements for education and training with regard to health policy-makers and health professionals;

| (c) | pay particular attention to education, training and dissemination of good practices in electronically recording, storing and processing clinical information as well as in gaining informed consent of the patient and lawfully sharing patient’s personal data; |
| --- | --- |

(c)

pay particular attention to education, training and dissemination of good practices in electronically recording, storing and processing clinical information as well as in gaining informed consent of the patient and lawfully sharing patient’s personal data;

| (d) | provide parallel information and training, including awareness raising, for all individuals, in particular patients. Such an approach would make for more effective use of health information as patients move between a variety of healthcare providers, along the continuum of care, and receive whenever possible treatment, care and data in their own homes. |
| --- | --- |

(d)

provide parallel information and training, including awareness raising, for all individuals, in particular patients. Such an approach would make for more effective use of health information as patients move between a variety of healthcare providers, along the continuum of care, and receive whenever possible treatment, care and data in their own homes.

18.   Member States are invited to report, on a yearly basis, to the Commission on the measures they have taken in relation to the implementation of cross-border interoperability of electronic health record systems. The first report should be presented by Member States one year following the day of publication of this Recommendation.

19.   The Recommendation is addressed to Member States.

Done at Brussels, 2 July 2008.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  COM(2004) 356 final.

1

(2)  COM(2007) 860 final.

2

(3)  (2006/2275 (INI)).

3

(4)  
  OJ L 281, 23.11.1995, p. 31. Directive modified by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

4

(5)  
  OJ L 201, 31.7.2002, p. 37. Directive modified by Directive 2006/24/EC (OJ L 105, 13.4.2006, p. 54)

5

(6)  COM(2007) 228 final.

6

(7)  
  OJ L 255, 30.9.2005, p. 22. Directive as last amended by Commission Regulation (EC) No 1430/2007 (OJ L 320, 6.12.2007, p. 3).

7

(8)  
  OJ L 311, 28.11.2001, p. 67. Directive as last amended by Directive 2008/29/EC (OJ L 81, 20.3.2008, p. 51).

8

(9)  See at present Working Document 131 of 15 February 2007 on the processing of personal data relating to health in electronic health records.

9

---

Corrigenda

| 18.7.2008 | EN | Official Journal of the European Union | L 190/44 |
| --- | --- | --- | --- |

18.7.2008

EN

Official Journal of the European Union

L 190/44

---

Corrigendum to Commission Regulation (EC) No 677/2008 of 16 July 2008 on the issuing of import licences for applications lodged during the first seven days of July 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat

(
  Official Journal of the European Union L 189 of 17 July 2008
  )

On page 22, Annex, ‘Group No 8’:

for:

| Group No | Order No | Allocation coefficient for import licence applications lodged for the subperiod 1.10.2008-31.12.2008
  (%) | Quantities not applied for to be added to the subperiod 1.1.2009-31.3.2009
  (kg) |
| --- | --- | --- | --- |
| ‘8 | 09.4218 | (1) | 6 807 600 ’ |

Group No

Order No

Allocation coefficient for import licence applications lodged for the subperiod 1.10.2008-31.12.2008

(%)

Quantities not applied for to be added to the subperiod 1.1.2009-31.3.2009

(kg)

‘8

09.4218

(1)

6 807 600 ’

read:

| Group No | Order No | Allocation coefficient for import licence applications lodged for the subperiod 1.10.2008-31.12.2008
  (%) | Quantities not applied for to be added to the subperiod 1.1.2009-31.3.2009
  (kg) |
| --- | --- | --- | --- |
| ‘8 | 09.4218 | (4) | 6 807 600 ’ |

Group No

Order No

Allocation coefficient for import licence applications lodged for the subperiod 1.10.2008-31.12.2008

(%)

Quantities not applied for to be added to the subperiod 1.1.2009-31.3.2009

(kg)

‘8

09.4218

(4)

6 807 600 ’

---

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

1

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

2

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

3

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

4

---