# Official Journal L 221/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 221 |
| | |
| English edition | Legislation | Volume 5119 August 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 221

English edition

Legislation

Volume 5119 August 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EC) No 818/2008 of 13 August 2008 amending Regulation (EC) No 2074/2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by that Regulation by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not | 1 |
| | | Commission Regulation (EC) No 819/2008 of 18 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 6 |
| | * | Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (
  1
  ) | 8 |
| | * | Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico | 23 |
| | | Commission Regulation (EC) No 822/2008 of 18 August 2008 amending Regulation (EC) No 817/2008 fixing the import duties in the cereals sector applicable from 16 August 2008 | 25 |

Contents

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

page

REGULATIONS

*

Council Regulation (EC) No 818/2008 of 13 August 2008 amending Regulation (EC) No 2074/2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by that Regulation by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not

1

Commission Regulation (EC) No 819/2008 of 18 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

6

*

Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the common basic standards on aviation security (
  1
  )

1

8

*

Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico

23

Commission Regulation (EC) No 822/2008 of 18 August 2008 amending Regulation (EC) No 817/2008 fixing the import duties in the cereals sector applicable from 16 August 2008

25

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/676/EC |
| | * | Commission Decision of 24 July 2008 authorising a method for grading pig carcases in Bulgaria
  (notified under document number C(2008) 3740) | 28 |
| | | 2008/677/EC |
| | * | Commission Decision of 28 July 2008 amending Decision 2006/784/EC as regards the authorisation of a method for grading pig carcases in France
  (notified under document number C(2008) 3803) | 30 |
| | | 2008/678/EC |
| | * | Commission Decision of 13 August 2008 amending Decision 2007/716/EC as regards certain establishments in the meat and milk sectors in Bulgaria
  (notified under document number C(2008) 4319)

   (
  1
  ) | 32 |

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

DECISIONS

Commission

2008/676/EC

*

Commission Decision of 24 July 2008 authorising a method for grading pig carcases in Bulgaria
  (notified under document number C(2008) 3740)

(notified under document number C(2008) 3740)

28

2008/677/EC

*

Commission Decision of 28 July 2008 amending Decision 2006/784/EC as regards the authorisation of a method for grading pig carcases in France
  (notified under document number C(2008) 3803)

(notified under document number C(2008) 3803)

30

2008/678/EC

*

Commission Decision of 13 August 2008 amending Decision 2007/716/EC as regards certain establishments in the meat and milk sectors in Bulgaria
  (notified under document number C(2008) 4319)

   (
  1
  )

(notified under document number C(2008) 4319)

1

32

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY |
| | | 2008/679/JHA |
| | * | Commission Decision of 31 July 2008 on the attribution of action grants for translating and testing a victimisation survey module under the specific programme Prevention of and fight against crime as part of the general programme on security and safeguarding liberties | 34 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

2008/679/JHA

*

Commission Decision of 31 July 2008 on the attribution of action grants for translating and testing a victimisation survey module under the specific programme Prevention of and fight against crime as part of the general programme on security and safeguarding liberties

34

| | |
| --- | --- |
| | (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

| 19.8.2008 | EN | Official Journal of the European Union | L 221/1 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/1

---

COUNCIL REGULATION (EC) No 818/2008

of 13 August 2008

amending Regulation (EC) No 2074/2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China and terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by that Regulation by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Article 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

1.1.   Existing measures

| (1) | By Regulation (EC) No 119/97 (2), the Council imposed definitive anti-dumping duties ranging from 32,5 % to 39,4 % on imports of certain ring binder mechanisms (RBMs) originating in the People’s Republic of China (PRC). These rates of duty were applicable to RBMs other than those with 17 or 23 rings, while RBMs with 17 and 23 rings were subject to a duty equal to the difference between the minimum import price (MIP) of EUR 325 per 1 000 pieces and the free-at-Community-frontier not cleared through customs price whenever the latter was lower than the MIP. |
| --- | --- |

(1)

By Regulation (EC) No 119/97 (2), the Council imposed definitive anti-dumping duties ranging from 32,5 % to 39,4 % on imports of certain ring binder mechanisms (RBMs) originating in the People’s Republic of China (PRC). These rates of duty were applicable to RBMs other than those with 17 or 23 rings, while RBMs with 17 and 23 rings were subject to a duty equal to the difference between the minimum import price (MIP) of EUR 325 per 1 000 pieces and the free-at-Community-frontier not cleared through customs price whenever the latter was lower than the MIP.

2

| (2) | By Regulation (EC) No 2100/2000 (3), the Council amended and increased the above mentioned duties for certain RBMs other than those with 17 or 23 rings, following an investigation pursuant to Article 12 of the basic Regulation. The amended duties ranged from 51,2 % to 78,8 %. |
| --- | --- |

(2)

By Regulation (EC) No 2100/2000 (3), the Council amended and increased the above mentioned duties for certain RBMs other than those with 17 or 23 rings, following an investigation pursuant to Article 12 of the basic Regulation. The amended duties ranged from 51,2 % to 78,8 %.

3

| (3) | Following an expiry review investigation (the review investigation) pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 2074/2004 (4), extended the existing anti-dumping measures for four years. |
| --- | --- |

(3)

Following an expiry review investigation (the review investigation) pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 2074/2004 (4), extended the existing anti-dumping measures for four years.

4

| (4) | On 1 July 2004, following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 1208/2004 (5) the Council extended the measures to imports of certain RBMs consigned from Vietnam. |
| --- | --- |

(4)

On 1 July 2004, following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 1208/2004 (5) the Council extended the measures to imports of certain RBMs consigned from Vietnam.

5

| (5) | On 24 December 2004, by Regulation (EC) No 2231/2004 (6) the Commission terminated an anti-circumvention investigation concerning imports of certain RBMs consigned from Thailand as it was found that there was genuine production of RBMs in Thailand which accounted for 100 % of Community imports from Thailand during the period of investigation defined for that investigation. |
| --- | --- |

(5)

On 24 December 2004, by Regulation (EC) No 2231/2004 (6) the Commission terminated an anti-circumvention investigation concerning imports of certain RBMs consigned from Thailand as it was found that there was genuine production of RBMs in Thailand which accounted for 100 % of Community imports from Thailand during the period of investigation defined for that investigation.

6

| (6) | On 12 January 2006, following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 33/2006 (7) the Council extended the measures to imports of certain RBMs consigned from the Lao People’s Democratic Republic. |
| --- | --- |

(6)

On 12 January 2006, following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 33/2006 (7) the Council extended the measures to imports of certain RBMs consigned from the Lao People’s Democratic Republic.

7

| (7) | On 6 December 2007, by Regulation (EC) No 1434/2007 (8) (the initiating Regulation), the Commission initiated an investigation pursuant to Article 13(3) of the basic Regulation concerning the possible circumvention of anti-dumping measures imposed by Regulation (EC) No 2074/2004, by imports of certain RBMs consigned from Thailand, whether slightly modified or not and whether declared as originating in Thailand or not, and by imports of certain slightly modified RBMs originating in the PRC and made such imports subject to registration. |
| --- | --- |

(7)

On 6 December 2007, by Regulation (EC) No 1434/2007 (8) (the initiating Regulation), the Commission initiated an investigation pursuant to Article 13(3) of the basic Regulation concerning the possible circumvention of anti-dumping measures imposed by Regulation (EC) No 2074/2004, by imports of certain RBMs consigned from Thailand, whether slightly modified or not and whether declared as originating in Thailand or not, and by imports of certain slightly modified RBMs originating in the PRC and made such imports subject to registration.

8

1.2.   Request

| (8) | The anti-circumvention investigation was initiated on the basis of a request, lodged by Ring Alliance Ringbuchtechnik GmbH, which contained sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of a slight modification of the product concerned to make it fall under customs codes which are normally not subject to measures and that the modification does not alter the essential characteristics of the product concerned. Furthermore, the request contained sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of transhipment via Thailand of the product concerned, whether slightly modified or not. |
| --- | --- |

(8)

The anti-circumvention investigation was initiated on the basis of a request, lodged by Ring Alliance Ringbuchtechnik GmbH, which contained sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of a slight modification of the product concerned to make it fall under customs codes which are normally not subject to measures and that the modification does not alter the essential characteristics of the product concerned. Furthermore, the request contained sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of transhipment via Thailand of the product concerned, whether slightly modified or not.

1.3.   Product concerned

| (9) | The product concerned is, as defined in Regulation (EC) No 2074/2004, certain RBMs currently classifiable within CN code ex 8305 10 00. These RBMs consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or by using a small steel trigger mechanism fixed to the RBM. |
| --- | --- |

(9)

The product concerned is, as defined in Regulation (EC) No 2074/2004, certain RBMs currently classifiable within CN code ex 8305 10 00. These RBMs consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or by using a small steel trigger mechanism fixed to the RBM.

1.4.   Investigation

| (10) | The Commission officially advised the authorities of the PRC and Thailand, the producers/exporters in Thailand and in the PRC and the importers in the Community known to the Commission of the initiation of the investigation. Questionnaires were sent to the producers/exporters in Thailand and the PRC and to the importers in the Community. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. |
| --- | --- |

(10)

The Commission officially advised the authorities of the PRC and Thailand, the producers/exporters in Thailand and in the PRC and the importers in the Community known to the Commission of the initiation of the investigation. Questionnaires were sent to the producers/exporters in Thailand and the PRC and to the importers in the Community. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation.

| (11) | One producer/exporter in Thailand, its related Chinese exporting producer and its parent trading company based in Hong Kong submitted a complete reply to the questionnaire as did another Chinese exporting producer together with its Hong Kong based parent trading company. Replies to the questionnaire were also submitted by six importers in the Community. The Commission carried out verification visits at the premises of the following companies:






  — | Thai Stationery Industry Co. Ltd, Thailand (TSI), |
| --- | --- | --- |

(11)

One producer/exporter in Thailand, its related Chinese exporting producer and its parent trading company based in Hong Kong submitted a complete reply to the questionnaire as did another Chinese exporting producer together with its Hong Kong based parent trading company. Replies to the questionnaire were also submitted by six importers in the Community. The Commission carried out verification visits at the premises of the following companies:

—

Thai Stationery Industry Co. Ltd, Thailand (TSI),

| — | Wah Hing Stationery Manufactory Limited, Hong Kong (WHS), |
| --- | --- |

—

Wah Hing Stationery Manufactory Limited, Hong Kong (WHS),

| — | Wah Hing Stationery Manufactory Limited, Pan Yu Shi, Guangzhou, PRC, |
| --- | --- |

—

Wah Hing Stationery Manufactory Limited, Pan Yu Shi, Guangzhou, PRC,

| — | World Wide Stationery Manufacturing Co. Ltd, Hong Kong, |
| --- | --- |

—

World Wide Stationery Manufacturing Co. Ltd, Hong Kong,

| — | Donghguan Humen Nanzha World Wide Stationery Manufacturing Co. Ltd, PRC. |
| --- | --- |

—

Donghguan Humen Nanzha World Wide Stationery Manufacturing Co. Ltd, PRC.

1.5.   Investigation period

| (12) | The investigation period covered the period from 1 October 2006 to 30 September 2007 (the IP). Data was collected from 2004 to the end of the IP in order to investigate the change in the pattern of trade (the period investigated). |
| --- | --- |

(12)

The investigation period covered the period from 1 October 2006 to 30 September 2007 (the IP). Data was collected from 2004 to the end of the IP in order to investigate the change in the pattern of trade (the period investigated).

2.   RESULTS OF THE INVESTIGATION

2.1.   Slightly modified RBMs

2.1.1.   Essential characteristics

| (13) | The investigation established that one of the two cooperating Chinese exporting producers was producing slightly modified RBMs. The modification consisted in changing the rectangular shape of the sheets by using chamfered sheets which have indentations and by cutting material off the edges of the sheets so that their shape is no longer rectangular. Chamfering means cutting a furrow in the sheet in the form of a column. These particular product types were identified in the Community market as ‘wave blade’ RBMs. |
| --- | --- |

(13)

The investigation established that one of the two cooperating Chinese exporting producers was producing slightly modified RBMs. The modification consisted in changing the rectangular shape of the sheets by using chamfered sheets which have indentations and by cutting material off the edges of the sheets so that their shape is no longer rectangular. Chamfering means cutting a furrow in the sheet in the form of a column. These particular product types were identified in the Community market as ‘wave blade’ RBMs.

| (14) | It was also established that this modification of the product concerned enabled importers in the Community to classify these product types under TARIC codes not subject to the measures, in particular TARIC code 8305100090 which existed until the initiating Regulation came into force. |
| --- | --- |

(14)

It was also established that this modification of the product concerned enabled importers in the Community to classify these product types under TARIC codes not subject to the measures, in particular TARIC code 8305100090 which existed until the initiating Regulation came into force.

| (15) | The question of whether or not the modification mentioned in recital 13 altered the essential characteristics of the product concerned was then investigated. In this regard, it was found that the slightly modified RBMs differ slightly only in the shape of the sheets but that that modification does not alter the essential characteristics of the product concerned. Indeed, the slightly modified RBM continues to be comprised of two sheets with at least four half-rings attached to them and continues to be kept together by a steel cover. The opening systems also remain the same since both products can be made to open either by pulling the half-rings or with a trigger mechanism. |
| --- | --- |

(15)

The question of whether or not the modification mentioned in recital 13 altered the essential characteristics of the product concerned was then investigated. In this regard, it was found that the slightly modified RBMs differ slightly only in the shape of the sheets but that that modification does not alter the essential characteristics of the product concerned. Indeed, the slightly modified RBM continues to be comprised of two sheets with at least four half-rings attached to them and continues to be kept together by a steel cover. The opening systems also remain the same since both products can be made to open either by pulling the half-rings or with a trigger mechanism.

| (16) | Moreover, there were only minor changes in the sheets since otherwise they would have endangered the proper functioning of the slightly modified RBMs in terms of tension and adhesive forces. |
| --- | --- |

(16)

Moreover, there were only minor changes in the sheets since otherwise they would have endangered the proper functioning of the slightly modified RBMs in terms of tension and adhesive forces.

| (17) | It will be recalled that a large number (several hundreds) of different types of RBMs varying in a number of features such as the width of the base, the type of mechanism, the number of rings, the opening system, etc., are present on the Community market. All these types of RBMs were nevertheless considered to constitute one single product in the previous investigations as it was found that all types have the same basic physical and technical characteristics and that they are largely interchangeable. Equally, this rather minor difference in the appearance of the RBMs was found not to be sufficiently different to warrant a finding of different like products. Therefore it is concluded that all RBMs constitute a single product for the purpose of this investigation. |
| --- | --- |

(17)

It will be recalled that a large number (several hundreds) of different types of RBMs varying in a number of features such as the width of the base, the type of mechanism, the number of rings, the opening system, etc., are present on the Community market. All these types of RBMs were nevertheless considered to constitute one single product in the previous investigations as it was found that all types have the same basic physical and technical characteristics and that they are largely interchangeable. Equally, this rather minor difference in the appearance of the RBMs was found not to be sufficiently different to warrant a finding of different like products. Therefore it is concluded that all RBMs constitute a single product for the purpose of this investigation.

| (18) | On the basis of the above it was concluded that the slightly modified products with chamfered sheets should be covered by the definition of the product concerned, as this modification did not alter its essential characteristics. |
| --- | --- |

(18)

On the basis of the above it was concluded that the slightly modified products with chamfered sheets should be covered by the definition of the product concerned, as this modification did not alter its essential characteristics.

2.1.2.   Change in the pattern of trade

| (19) | The imports into the Community of the slightly modified RBMs started in 2003 after the initiation of the expiry review investigation of the measures applicable to imports of RBMs originating in the PRC. |
| --- | --- |

(19)

The imports into the Community of the slightly modified RBMs started in 2003 after the initiation of the expiry review investigation of the measures applicable to imports of RBMs originating in the PRC.

| (20) | This type of RBM was designed at the request of an operator in the Community and, on the basis of the information available to the Commission, imports started in the second half of 2003. The import levels identified in the course of the current investigation are as follows: 3,8 million pieces or approximately 234 tonnes in 2004, 2,7 million pieces or approximately 166 tonnes in 2005, 4,3 million pieces or approximately 262 tonnes in 2006 and 2,7 million pieces or 167 tonnes in the IP (representing 1 % of the Community consumption). |
| --- | --- |

(20)

This type of RBM was designed at the request of an operator in the Community and, on the basis of the information available to the Commission, imports started in the second half of 2003. The import levels identified in the course of the current investigation are as follows: 3,8 million pieces or approximately 234 tonnes in 2004, 2,7 million pieces or approximately 166 tonnes in 2005, 4,3 million pieces or approximately 262 tonnes in 2006 and 2,7 million pieces or 167 tonnes in the IP (representing 1 % of the Community consumption).

| (21) | In view of the above, it is considered that there was a change in the pattern of trade of the slightly modified RBMs exported by the cooperating Chinese exporting producer to the Community in the period investigated. |
| --- | --- |

(21)

In view of the above, it is considered that there was a change in the pattern of trade of the slightly modified RBMs exported by the cooperating Chinese exporting producer to the Community in the period investigated.

2.1.3.   Insufficient due cause or economic justification

| (22) | As noted above, the investigation showed that the modifications made to the product concerned were very minor. It was also found that if a certain saving in the use of the main raw material could be made due to the chamfering operation, this saving was negligible (around 2 %). Moreover, any saving in the consumption of raw materials was largely offset by costs incurred for the adaptation of machinery before the production process of the chamfered sheets could begin. |
| --- | --- |

(22)

As noted above, the investigation showed that the modifications made to the product concerned were very minor. It was also found that if a certain saving in the use of the main raw material could be made due to the chamfering operation, this saving was negligible (around 2 %). Moreover, any saving in the consumption of raw materials was largely offset by costs incurred for the adaptation of machinery before the production process of the chamfered sheets could begin.

| (23) | It was also found that all sales of the slightly modified product were only to the Community and were essentially made to the operator upon whose request they were designed. This means that the slightly modified RBMs have essentially one buyer worldwide. |
| --- | --- |

(23)

It was also found that all sales of the slightly modified product were only to the Community and were essentially made to the operator upon whose request they were designed. This means that the slightly modified RBMs have essentially one buyer worldwide.

| (24) | Moreover, the group of companies to which the Chinese exporting producer belongs do not produce any wave blade RBMs in their Thai subsidiary. It was stated by the representatives of TSI in this regard that there was no demand for such types, as RBMs originating in Thailand are not subject to anti-dumping measures. |
| --- | --- |

(24)

Moreover, the group of companies to which the Chinese exporting producer belongs do not produce any wave blade RBMs in their Thai subsidiary. It was stated by the representatives of TSI in this regard that there was no demand for such types, as RBMs originating in Thailand are not subject to anti-dumping measures.

| (25) | In view of the above, it can be concluded that there was no economic justification other than the imposition of the anti-dumping duties for the change in the pattern of trade between the Chinese exporting producer and the Community stemming from the practice of slightly modifying the product concerned. |
| --- | --- |

(25)

In view of the above, it can be concluded that there was no economic justification other than the imposition of the anti-dumping duties for the change in the pattern of trade between the Chinese exporting producer and the Community stemming from the practice of slightly modifying the product concerned.

2.1.4.   Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like products

| (26) | Based on the trade flow analysis set out above, it was found that a change in the pattern of the Community imports is linked to the fact that there were anti-dumping measures in place. While imports of the slightly modified RBMs were absent on the Community market before the imposition of measures, they amounted to 234 tonnes in 2004, to 166 tonnes in 2005, to 262 tonnes in 2006 and to 167 tonnes in the IP, representing 1 % of Community consumption. |
| --- | --- |

(26)

Based on the trade flow analysis set out above, it was found that a change in the pattern of the Community imports is linked to the fact that there were anti-dumping measures in place. While imports of the slightly modified RBMs were absent on the Community market before the imposition of measures, they amounted to 234 tonnes in 2004, to 166 tonnes in 2005, to 262 tonnes in 2006 and to 167 tonnes in the IP, representing 1 % of Community consumption.

| (27) | The investigation revealed that the imports of slightly modified RBMs from the PRC have taken place at price levels below the export price and well below the normal value established in the review investigation. |
| --- | --- |

(27)

The investigation revealed that the imports of slightly modified RBMs from the PRC have taken place at price levels below the export price and well below the normal value established in the review investigation.

| (28) | On the basis of the above, it was concluded that the change in trade flows, together with the abnormally low export price of the slightly modified products, has undermined the remedial effects of the anti-dumping measures in terms of both quantities and prices of the like products. |
| --- | --- |

(28)

On the basis of the above, it was concluded that the change in trade flows, together with the abnormally low export price of the slightly modified products, has undermined the remedial effects of the anti-dumping measures in terms of both quantities and prices of the like products.

2.1.5.   Evidence of dumping in relation to the normal values previously established for like or similar products

| (29) | In accordance with Article 13(1) of the basic Regulation, the question of whether there was evidence of dumping in relation to the normal values previously established for the like product was examined. In this regard, export prices of the slightly modified RBMs made by the Chinese exporting producer during the IP were compared with the normal values established in the review investigation for comparable product types. In the comparison, the different product types were determined by the width of the base, the type of mechanism, the number of rings, the opening system and the length. |
| --- | --- |

(29)

In accordance with Article 13(1) of the basic Regulation, the question of whether there was evidence of dumping in relation to the normal values previously established for the like product was examined. In this regard, export prices of the slightly modified RBMs made by the Chinese exporting producer during the IP were compared with the normal values established in the review investigation for comparable product types. In the comparison, the different product types were determined by the width of the base, the type of mechanism, the number of rings, the opening system and the length.

| (30) | For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability, pursuant to Article 2(10) of the basic Regulation. |
| --- | --- |

(30)

For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability, pursuant to Article 2(10) of the basic Regulation.

| (31) | In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of the weighted average normal value as established in the review investigation and the weighted average export price established during the IP, expressed as a percentage of the cif price at the Community frontier, duty unpaid, revealed dumping above the de minimis threshold. |
| --- | --- |

(31)

In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of the weighted average normal value as established in the review investigation and the weighted average export price established during the IP, expressed as a percentage of the cif price at the Community frontier, duty unpaid, revealed dumping above the de minimis threshold.

de minimis

2.2.   Alleged transhipment via Thailand

| (32) | TSI, the sole exporter of RBMs in Thailand, was set up in 1998, i.e. one year after the imposition of anti-dumping duties on certain RBMs from the PRC. The company is a subsidiary of WHS, a Hong Kong-based trading company for RBMs that also owns an RBMs production plant in the PRC. As was found in the previous anti-circumvention investigation, it was established that TSI’s exports to the Community in the IP accounted for 100 % of Community imports from Thailand as shown by Eurostat. On this basis and in the absence of any evidence to the contrary, it was concluded that TSI was the sole exporter of RBMs in Thailand. |
| --- | --- |

(32)

TSI, the sole exporter of RBMs in Thailand, was set up in 1998, i.e. one year after the imposition of anti-dumping duties on certain RBMs from the PRC. The company is a subsidiary of WHS, a Hong Kong-based trading company for RBMs that also owns an RBMs production plant in the PRC. As was found in the previous anti-circumvention investigation, it was established that TSI’s exports to the Community in the IP accounted for 100 % of Community imports from Thailand as shown by Eurostat. On this basis and in the absence of any evidence to the contrary, it was concluded that TSI was the sole exporter of RBMs in Thailand.

| (33) | The investigation showed that in the years 2004, 2005, 2006 and in the IP, TSI was producing RBMs from the main raw materials (i.e. coil-rolled steel sheets and coil-rolled steel wire). Moreover, it was found that the quantity of raw materials imported by TSI was sufficient to produce the quantity of RBMs exported to the Community during the IP, but also in the years of the period investigated. Therefore, it was concluded that TSI had to be considered as a genuine producer of certain RBMs. In these circumstances, it was considered that transhipment of RBMs via Thailand has not taken place in the IP. |
| --- | --- |

(33)

The investigation showed that in the years 2004, 2005, 2006 and in the IP, TSI was producing RBMs from the main raw materials (i.e. coil-rolled steel sheets and coil-rolled steel wire). Moreover, it was found that the quantity of raw materials imported by TSI was sufficient to produce the quantity of RBMs exported to the Community during the IP, but also in the years of the period investigated. Therefore, it was concluded that TSI had to be considered as a genuine producer of certain RBMs. In these circumstances, it was considered that transhipment of RBMs via Thailand has not taken place in the IP.

| (34) | Moreover, the investigation did not reveal that any slightly modified RBMs were produced and exported by the TSI to the Community during the IP. |
| --- | --- |

(34)

Moreover, the investigation did not reveal that any slightly modified RBMs were produced and exported by the TSI to the Community during the IP.

| (35) | Based on these findings, it is also considered that the company investigated did not fulfil the criteria set out in Article 13(2) of the basic Regulation as TSI is not an assembly operation. This conclusion is based on the interpretation of Article 13(2) as being lex specialis for assembly operations. |
| --- | --- |

(35)

Based on these findings, it is also considered that the company investigated did not fulfil the criteria set out in Article 13(2) of the basic Regulation as TSI is not an assembly operation. This conclusion is based on the interpretation of Article 13(2) as being lex specialis for assembly operations.

lex specialis

3.   MEASURES

| (36) | In view of the above findings of circumvention within the meaning of Article 13(1) of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in the PRC should be extended to the slightly modified RBMs originating in the same country. |
| --- | --- |

(36)

In view of the above findings of circumvention within the meaning of Article 13(1) of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in the PRC should be extended to the slightly modified RBMs originating in the same country.

| (37) | In this regard, the definition of the product concerned given in Article 1 of Regulation (EC) No 2074/2004 shall be amended accordingly to extend the measures to certain slightly modified RBMs. |
| --- | --- |

(37)

In this regard, the definition of the product concerned given in Article 1 of Regulation (EC) No 2074/2004 shall be amended accordingly to extend the measures to certain slightly modified RBMs.

| (38) | Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measures shall be applied against registered imports from the date of registration, the anti-dumping duty should be collected on all imports of RBMs which consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and kept together by a steel cover, and which can be opened either by pulling the half-rings or with a small steel trigger mechanism fixed to the ring binder mechanism, other than those already identified in Article 1 of Regulation (EC) 2074/2004 and falling within CN code ex 8305 10 00 (TARIC codes ex ex8305100032 and ex ex8305100039) which entered the Community under registration imposed by the initiating Regulation. |
| --- | --- |

(38)

Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measures shall be applied against registered imports from the date of registration, the anti-dumping duty should be collected on all imports of RBMs which consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and kept together by a steel cover, and which can be opened either by pulling the half-rings or with a small steel trigger mechanism fixed to the ring binder mechanism, other than those already identified in Article 1 of Regulation (EC) 2074/2004 and falling within CN code ex 8305 10 00 (TARIC codes ex ex8305100032 and ex ex8305100039) which entered the Community under registration imposed by the initiating Regulation.

4.   TERMINATION OF THE INVESTIGATION AGAINST THAILAND

| (39) | In view of the findings regarding Thailand, the investigation concerning the possible circumvention of anti-dumping measures by imports of certain RBMs consigned from Thailand should be terminated. |
| --- | --- |

(39)

In view of the findings regarding Thailand, the investigation concerning the possible circumvention of anti-dumping measures by imports of certain RBMs consigned from Thailand should be terminated.

5.   DISCLOSURE

| (40) | All parties concerned were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. No comments which were of a nature to change the above conclusions were received, |
| --- | --- |

(40)

All parties concerned were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. No comments which were of a nature to change the above conclusions were received,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2074/2004 shall be amended as follows:

| 1. | Article 1(1) shall be replaced by the following:
  ‘A definitive anti-dumping duty is hereby imposed on imports of certain ring binder mechanisms currently classifiable within CN code ex 8305 10 00 originating in the People’s Republic of China.
  For the purpose of this Regulation, ring binder mechanisms shall consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the ring binder mechanism.’; |
| --- | --- |

1.

Article 1(1) shall be replaced by the following:

‘A definitive anti-dumping duty is hereby imposed on imports of certain ring binder mechanisms currently classifiable within CN code ex 8305 10 00 originating in the People’s Republic of China.

For the purpose of this Regulation, ring binder mechanisms shall consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the ring binder mechanism.’;

| 2. | In Article 1(2)(a), TARIC code ‘8305100035’ shall be added to the TARIC codes between brackets; |
| --- | --- |

2.

In Article 1(2)(a), TARIC code ‘8305100035’ shall be added to the TARIC codes between brackets;

| 3. | In Article 1(2)(b), TARIC code ‘8305100034’ shall be added to the TARIC codes between brackets. |
| --- | --- |

3.

In Article 1(2)(b), TARIC code ‘8305100034’ shall be added to the TARIC codes between brackets.

Article 2

The duty shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 1434/2007 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96 of ring binder mechanisms which consist of two steel sheets or wires with at least four half-rings made of steel wire fixed on them and kept together by a steel cover, and which can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the ring binder mechanism, other than those identified in Article 1 of Regulation (EC) 2074/2004, and falling within CN code ex 8305 10 00 (TARIC codes applicable until 20 August 2008: ex ex8305100032 and ex ex8305100039) and originating in the People’s Republic of China.

Article 3

The investigation initiated by Regulation (EC) No 1434/2007 concerning the possible circumvention of the anti-dumping measures imposed by Regulation (EC) No 2074/2004 on imports of certain ring binder mechanisms originating in the People’s Republic of China by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not, and making such imports subject to registration is hereby terminated.

Article 4

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EC) No 1434/2007.

Article 5

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

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

Done at Brussels, 13 August 2008.

For the Council

The President

B. KOUCHNER

---

(1)  
  OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

1

(2)  
  OJ L 22, 24.1.1997, p. 1.

2

(3)  
  OJ L 250, 5.10.2000, p. 1.

3

(4)  
  OJ L 359, 4.12.2004, p. 11.

4

(5)  
  OJ L 232, 1.7.2004, p. 1.

5

(6)  
  OJ L 379, 24.12.2004, p. 68.

6

(7)  
  OJ L 7, 12.1.2006, p. 1.

7

(8)  
  OJ L 320, 6.12.2007, p. 23.

8

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/6 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/6

---

COMMISSION REGULATION (EC) No 819/2008

of 18 August 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 19 August 2008.

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

Done at Brussels, 18 August 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 | MK | 27,9 |
| XS | 26,9 |
| ZZ | 27,4 |
| 0707 00 05 | MK | 27,4 |
| TR | 77,6 |
| ZZ | 52,5 |
| 0709 90 70 | TR | 89,8 |
| ZZ | 89,8 |
| 0805 50 10 | AR | 80,1 |
| UY | 62,9 |
| ZA | 98,1 |
| ZZ | 80,4 |
| 0806 10 10 | EG | 100,0 |
| IL | 87,5 |
| TR | 123,4 |
| ZZ | 103,6 |
| 0808 10 80 | AR | 83,7 |
| BR | 86,9 |
| CL | 98,4 |
| CN | 81,2 |
| NZ | 101,2 |
| US | 95,1 |
| ZA | 81,1 |
| ZZ | 89,7 |
| 0808 20 50 | AR | 126,0 |
| CL | 83,0 |
| TR | 147,6 |
| ZA | 102,2 |
| ZZ | 114,7 |
| 0809 30 | MK | 34,9 |
| TR | 154,5 |
| ZZ | 94,7 |
| 0809 40 05 | IL | 138,3 |
| TR | 106,0 |
| XS | 70,3 |
| ZZ | 104,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

27,9

XS

26,9

ZZ

27,4

0707 00 05

MK

27,4

TR

77,6

ZZ

52,5

0709 90 70

TR

89,8

ZZ

89,8

0805 50 10

AR

80,1

UY

62,9

ZA

98,1

ZZ

80,4

0806 10 10

EG

100,0

IL

87,5

TR

123,4

ZZ

103,6

0808 10 80

AR

83,7

BR

86,9

CL

98,4

CN

81,2

NZ

101,2

US

95,1

ZA

81,1

ZZ

89,7

0808 20 50

AR

126,0

CL

83,0

TR

147,6

ZA

102,2

ZZ

114,7

0809 30

MK

34,9

TR

154,5

ZZ

94,7

0809 40 05

IL

138,3

TR

106,0

XS

70,3

ZZ

104,9

---

(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’.

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/8 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/8

---

COMMISSION REGULATION (EC) No 820/2008

of 8 August 2008

laying down measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1) and in particular Article 4(2) thereof,

Whereas:

| (1) | The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures. |
| --- | --- |

(1)

The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.

| (2) | Regulation (EC) No 622/2003 has been amended 14 times since its adoption. In the interests of clarity and rationality it is appropriate to consolidate all amendments into a new regulation. |
| --- | --- |

(2)

Regulation (EC) No 622/2003 has been amended 14 times since its adoption. In the interests of clarity and rationality it is appropriate to consolidate all amendments into a new regulation.

| (3) | Article 8(1) of Regulation (EC) No 2320/2002 provides that the implementing measures adopted by the Commission pursuant to Article 4(2) of that regulation shall be secret and not be published when they relate to performance criteria and acceptance tests for equipment, to detailed procedures concerning sensitive information or to detailed criteria for exemption from security measures. Article 3 of Regulation (EC) No 622/2003 further provides that the implementing measures set out in its Annex shall be secret, not be published and be made available only to persons duly authorised by a Member State or the Commission. Subsequent amendments to Regulation (EC) No 622/2003 have stipulated that this provision will apply to such amendments. |
| --- | --- |

(3)

Article 8(1) of Regulation (EC) No 2320/2002 provides that the implementing measures adopted by the Commission pursuant to Article 4(2) of that regulation shall be secret and not be published when they relate to performance criteria and acceptance tests for equipment, to detailed procedures concerning sensitive information or to detailed criteria for exemption from security measures. Article 3 of Regulation (EC) No 622/2003 further provides that the implementing measures set out in its Annex shall be secret, not be published and be made available only to persons duly authorised by a Member State or the Commission. Subsequent amendments to Regulation (EC) No 622/2003 have stipulated that this provision will apply to such amendments.

| (4) | In order to improve the transparency of the implementing measures which it has adopted so far pursuant to Article 4(2) of Regulation (EC) No 2320/2002, the Commission has reviewed the measures contained in the Annex to Regulation (EC) No 622/2003, as successively amended, in the light of the criteria set out in Article 8(1) of Regulation (EC) No 2320/2002. This review has shown that many of those measures need not be kept secret and should therefore be published in the Official Journal of the European Union. |
| --- | --- |

(4)

In order to improve the transparency of the implementing measures which it has adopted so far pursuant to Article 4(2) of Regulation (EC) No 2320/2002, the Commission has reviewed the measures contained in the Annex to Regulation (EC) No 622/2003, as successively amended, in the light of the criteria set out in Article 8(1) of Regulation (EC) No 2320/2002. This review has shown that many of those measures need not be kept secret and should therefore be published in the Official Journal of the European Union.

| (5) | It remains essential, nevertheless, to keep secret certain measures, the disclosure of which could facilitate their circumvention and the perpetration of acts of unlawful interference. Such measures include, in particular, certain detailed procedures, and exemptions therefrom, concerning the screening of vehicles entering security restricted areas, the search of aircraft and of passengers, the treatment of disruptive passengers, the screening of unaccompanied hold baggage and of hold baggage using explosive detection systems and the control of cargo and mail, as well as the technical specifications for screening equipment. These measures should be adopted separately, by means of a decision addressed to all Member States. |
| --- | --- |

(5)

It remains essential, nevertheless, to keep secret certain measures, the disclosure of which could facilitate their circumvention and the perpetration of acts of unlawful interference. Such measures include, in particular, certain detailed procedures, and exemptions therefrom, concerning the screening of vehicles entering security restricted areas, the search of aircraft and of passengers, the treatment of disruptive passengers, the screening of unaccompanied hold baggage and of hold baggage using explosive detection systems and the control of cargo and mail, as well as the technical specifications for screening equipment. These measures should be adopted separately, by means of a decision addressed to all Member States.

| (6) | A distinction should be permitted between airports in the light of local risk assessment. Therefore, the Commission should be informed of airports that are considered to present a smaller risk. |
| --- | --- |

(6)

A distinction should be permitted between airports in the light of local risk assessment. Therefore, the Commission should be informed of airports that are considered to present a smaller risk.

| (7) | Implementing measures should also be permitted to vary according to the type of aviation activity. The Commission should be informed when compensatory measures are applied to ensure equivalent levels of security. |
| --- | --- |

(7)

Implementing measures should also be permitted to vary according to the type of aviation activity. The Commission should be informed when compensatory measures are applied to ensure equivalent levels of security.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

Article 1

Objective

This Regulation lays down measures for the implementation and technical adaptation of common basic standards regarding aviation security to be incorporated into national civil aviation security programmes.

Article 2

Definitions

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

| — | ‘national civil aviation security programme’ shall mean those regulations, practices and procedures adopted by the Member States pursuant to Article 5 of Regulation (EC) No 2320/2002, to ensure civil aviation security on their territory, |
| --- | --- |

—

‘national civil aviation security programme’ shall mean those regulations, practices and procedures adopted by the Member States pursuant to Article 5 of Regulation (EC) No 2320/2002, to ensure civil aviation security on their territory,

| — | ‘appropriate authority’ shall mean the national authority designated by a Member State pursuant to Article 5(2) of Regulation (EC) No 2320/2002 to be responsible for the coordination and monitoring of the implementation of its national civil aviation security programme. |
| --- | --- |

—

‘appropriate authority’ shall mean the national authority designated by a Member State pursuant to Article 5(2) of Regulation (EC) No 2320/2002 to be responsible for the coordination and monitoring of the implementation of its national civil aviation security programme.

Article 3

The measures referred to in Article 1 are set out in the Annex.

Article 4

New technical methods and processes

1.   Member States may allow a technical method or process for security controls that is used in place of those laid down in the Annex, provided that:

| (a) | it is being used for the purpose of evaluating a new way of performing the security control concerned; and |
| --- | --- |

(a)

it is being used for the purpose of evaluating a new way of performing the security control concerned; and

| (b) | it will not negatively affect the overall level of security being attained. |
| --- | --- |

(b)

it will not negatively affect the overall level of security being attained.

2.   At least four months before its planned introduction the Member State concerned shall inform in writing the Commission and the other Member States of the proposed new method or process it intends to allow, enclosing an assessment indicating how it shall guarantee that the application of the new method or process will meet the requirement of point (b) of paragraph 1. The notification shall also contain detailed information on the location(s) where the method or process will be used and the intended length of the evaluation period.

3.   If the Commission gives the Member State a positive reply, or if no reply is received within three months upon receipt of the written request, the Member State may then allow the introduction of the new method or process.

If the Commission is not satisfied that the proposed new method or process provides sufficient guarantees that the overall level of aviation security will be maintained in the Community then the Commission shall inform the Member State thereof within three months of receipt of the notification referred to in paragraph 2, explaining its concerns. In such a circumstance the Member State concerned shall not commence with the method or process until it has satisfied the Commission.

4.   The maximum evaluation period for each technical method or process shall be 18 months. This evaluation period may be extended by the Commission by a maximum of a further 12 months on condition that the Member State provides adequate justification for the extension.

5.   At intervals of no more than six months during the evaluation period, the appropriate authority in the Member State concerned shall provide the Commission with a progress report on the evaluation. The Commission shall inform the other Member States of the contents of the progress report.

6.   No evaluation period may be longer than 30 months.

Article 5

Notification

Member States shall inform the Commission in writing of all airports in respect of which they have availed themselves of the option permitted under either point (a) or point (c) of Article 4(3) of Regulation (EC) No 2320/2002.

Article 6

Compensatory measures

Member States shall inform the Commission in writing of compensatory measures that are applied in accordance with point 4.2 of the Annex to Regulation (EC) No 2320/2002.

Article 7

Commission Regulation (EC) No 622/2003 is repealed.

Article 8

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

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

Done at Brussels, 8 August 2008.

For the Commission

Antonio TAJANI

Vice-President

---

(1)  
  OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1, as corrected by OJ L 229, 29.6.2004, p. 3).

1

(2)  
  OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 358/2008 (OJ L 111, 23.4.2008, p. 5).

2

---

ANNEX (1)

1.   DEFINITIONS

In addition to the definitions laid down in the Annex to Regulation (EC) No 2320/2002, the following definitions shall apply:

| 1.1. | ‘ACAMS’ means an Access Control and Alarm Monitoring System which shall electronically control access to doors, gates and other entry points leading directly or indirectly to security restricted areas, and which shall alarm relevant authority when an unauthorised entry has taken place; |
| --- | --- |

1.1.

‘ACAMS’ means an Access Control and Alarm Monitoring System which shall electronically control access to doors, gates and other entry points leading directly or indirectly to security restricted areas, and which shall alarm relevant authority when an unauthorised entry has taken place;

| 1.2. | ‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air from, or to the airport in question, as defined in Article 2 of Council Directive 96/67/EC (2); |
| --- | --- |

1.2.

‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air from, or to the airport in question, as defined in Article 2 of Council Directive 96/67/EC (2);

| 1.3. | ‘ground handling’ means the services provided to airport users at airports as described in the Annex to Directive 96/67/EC; |
| --- | --- |

1.3.

‘ground handling’ means the services provided to airport users at airports as described in the Annex to Directive 96/67/EC;

| 1.4. | ‘air carrier’ means an air transport undertaking with a valid operating licence, which is conducting flight operations; |
| --- | --- |

1.4.

‘air carrier’ means an air transport undertaking with a valid operating licence, which is conducting flight operations;

| 1.5. | ‘service panel’ means an aircraft external access point used for providing aircraft services; such panels include water, lavatory, ground electrical outlets and other service compartments that have external clip-down panels; |
| --- | --- |

1.5.

‘service panel’ means an aircraft external access point used for providing aircraft services; such panels include water, lavatory, ground electrical outlets and other service compartments that have external clip-down panels;

| 1.6. | ‘aircraft not in service’ means an aircraft that is either parked for a period of more than 12 hours or is not under surveillance sufficient to detect unauthorised access. |
| --- | --- |

1.6.

‘aircraft not in service’ means an aircraft that is either parked for a period of more than 12 hours or is not under surveillance sufficient to detect unauthorised access.

2.   AIRPORT SECURITY

2.1.   Airport planning requirements

No provisions in this Regulation.

2.2.   Access control

2.2.1.   Security restricted areas and other airside areas

| 1. | The appropriate authority shall ensure that access to security restricted areas is controlled.
  Where non-security restricted airside areas are adjacent to, and enable access to security restricted areas, boundaries and controls sufficient to detect unauthorised access and take appropriate measures shall be established. |
| --- | --- |

1.

Where non-security restricted airside areas are adjacent to, and enable access to security restricted areas, boundaries and controls sufficient to detect unauthorised access and take appropriate measures shall be established.

| 2. | The appropriate authority authorising access to security restricted areas shall ensure that all staff with access to these areas execute strict access control measures. These measures shall include:






  (a) | staff with airport identification for access to security restricted areas shall be familiar with airport and approved non-airport issued identification, and where these are valid for access to security restricted areas; |
| --- | --- | --- |

2.

(a)

staff with airport identification for access to security restricted areas shall be familiar with airport and approved non-airport issued identification, and where these are valid for access to security restricted areas;

| (b) | staff shall challenge or report to the appropriate authority all persons in security restricted areas that do not display valid identification; |
| --- | --- |

(b)

staff shall challenge or report to the appropriate authority all persons in security restricted areas that do not display valid identification;

| (c) | staff shall challenge or report to the appropriate authority all unauthorised vehicles that are observed in security restricted areas. |
| --- | --- |

(c)

staff shall challenge or report to the appropriate authority all unauthorised vehicles that are observed in security restricted areas.

| 3. | The appropriate authority shall ensure in the national civil aviation security programme that airport identification cards enabling access to security restricted areas are controlled as follows:






  (a) | airport identification cards shall limit staff access to areas designated by operational needs only; |
| --- | --- | --- |

3.

(a)

airport identification cards shall limit staff access to areas designated by operational needs only;

| (b) | upon termination or change of employment status, an employee’s airport identification card shall be returned to the airport authority and destroyed; |
| --- | --- |

(b)

upon termination or change of employment status, an employee’s airport identification card shall be returned to the airport authority and destroyed;

| (c) | the holder is required to inform immediately their employer and the issuing authority of the loss or theft of their airport identification card. Following notification the airport identification card shall be immediately disabled. |
| --- | --- |

(c)

the holder is required to inform immediately their employer and the issuing authority of the loss or theft of their airport identification card. Following notification the airport identification card shall be immediately disabled.

| 4. | The appropriate authority shall ensure that access doors used for deplaning purposes only, which allow for access to ramp or security restricted areas shall remain open only during the deplaning process. |
| --- | --- |

4.

| 5. | Security screening checkpoints shall be protected by guards or adequate surveillance equipment, in order to deter and prevent security breaches at security checkpoint entry and exit lanes, and extend protection to staff involved in the screening process. |
| --- | --- |

5.

| 6. | Materials stored in security restricted areas and other airside areas which are used for the purposes of passenger and hold baggage processing shall be protected or be under surveillance at all times in order to prevent unauthorised access. Discarded materials shall be destroyed to ensure that they are not used by unauthorised persons.
  Departure control systems and check-in systems at airports shall be controlled to prevent unauthorised access.
  Self check-in and applicable Internet options allowed for use by passengers shall be considered as authorised access to such materials or systems. |
| --- | --- |

6.

Departure control systems and check-in systems at airports shall be controlled to prevent unauthorised access.

Self check-in and applicable Internet options allowed for use by passengers shall be considered as authorised access to such materials or systems.

2.2.2.   Terminal areas

The requirements laid down in point 2.2.1.6 shall also apply to terminal areas that are open to the public.

2.2.3.   Other public areas

No provisions in this Regulation.

2.3.   Screening of staff, items carried and vehicles

2.3.1.   Screening of staff and items carried

Security staff may refuse any member of staff in possession of an article over which they have concern access to a security restricted area.

2.3.2.   Screening of vehicles

| 1. | Vehicles shall be examined in order to detect prohibited articles and unauthorised persons. |
| --- | --- |

1.

| 2. | The driver and any other occupants of the vehicle shall not be in the vehicle when the examination takes place. |
| --- | --- |

2.

2.3.3.   Security procedures for supplies of liquids and tamper-evident bags

General provisions

| 1. | ‘Supplies of liquids’ shall be considered as liquids for sale at outlets located either in an airside area beyond the point where boarding passes are controlled or in a security restricted area, from their first reception on airside until their delivery to such outlets. |
| --- | --- |

1.

| 2. | ‘Supplies of tamper-evident bags’ shall be considered as tamper-evident bags for use at outlets located in an airside area beyond the point where boarding passes are controlled, from their first reception on airside and until their final use. |
| --- | --- |

2.

Checks on supplies

No provisions in this Regulation.

Known supplier

No provisions in this Regulation.

Tamper-evident bags

| 3. | Supplies of tamper-evident bags shall be delivered in tamper-evident packing to outlets located in an airside area beyond the point where boarding passes are controlled. |
| --- | --- |

3.

| 4. | After reception at such outlets and until their final use, supplies of tamper-evident bags shall be protected against unauthorised interference. |
| --- | --- |

4.

2.4.   Physical security and patrols

No provisions in this Regulation.

3.   AIRCRAFT SECURITY

3.1.   Searching and checking aircraft

The air carrier shall ensure that staff conducting an aircraft security search and aircraft security check shall be familiar with the aircraft type being controlled and shall have undergone appropriate training on performing such activities.

3.1.1.   Aircraft security check

Upon completion of an aircraft security check, a record shall be kept by the air carrier for 24 hours or the duration of the flight, whichever is longer.

3.1.2.   Aircraft security search

| 1. | Upon completion of an aircraft security search, a record shall be kept by the air carrier for 24 hours or the duration of the flight, whichever is longer. |
| --- | --- |

1.

| 2. | An aircraft security search shall be conducted in an empty aircraft cabin. |
| --- | --- |

2.

3.2.   Protection of aircraft

The air carrier shall be responsible for establishing protection of its aircraft.

4.   PASSENGERS AND CABIN BAGGAGE

4.1.   Screening of passengers

4.1.1.   Prohibited articles

1.   Passengers are not permitted to carry the following articles into the security restricted area and the cabin of an aircraft:

(a)   Guns, firearms and weapons

Any object capable, or appearing capable, of discharging a projectile or causing injury, including:

| — | all firearms (pistols, revolvers, rifles, shotguns etc.), |
| --- | --- |

—

all firearms (pistols, revolvers, rifles, shotguns etc.),

| — | replica and imitation firearms, |
| --- | --- |

—

replica and imitation firearms,

| — | component parts of firearms (excluding telescopic sighting devices and sights), |
| --- | --- |

—

component parts of firearms (excluding telescopic sighting devices and sights),

| — | air pistols, rifles and pellet guns, |
| --- | --- |

—

air pistols, rifles and pellet guns,

| — | signal flare pistols, |
| --- | --- |

—

signal flare pistols,

| — | starter pistols, |
| --- | --- |

—

starter pistols,

| — | toy guns of all types, |
| --- | --- |

—

toy guns of all types,

| — | ball-bearing guns, |
| --- | --- |

—

ball-bearing guns,

| — | industrial bolt and nail guns, |
| --- | --- |

—

industrial bolt and nail guns,

| — | crossbows, |
| --- | --- |

—

crossbows,

| — | catapults, |
| --- | --- |

—

catapults,

| — | harpoon and spear guns, |
| --- | --- |

—

harpoon and spear guns,

| — | animal humane killers, |
| --- | --- |

—

animal humane killers,

| — | stun or shocking devices (e.g. cattle prods, ballistic conducted energy weapons (taser)), |
| --- | --- |

—

stun or shocking devices (e.g. cattle prods, ballistic conducted energy weapons (taser)),

| — | lighters shaped like a firearm. |
| --- | --- |

—

lighters shaped like a firearm.

(b)   Pointed/edged weapons and sharp objects

Pointed or bladed articles capable of causing injury, including:

| — | axes and hatchets, |
| --- | --- |

—

axes and hatchets,

| — | arrows and darts, |
| --- | --- |

—

arrows and darts,

| — | crampons, |
| --- | --- |

—

crampons,

| — | harpoons and spears, |
| --- | --- |

—

harpoons and spears,

| — | ice axes and ice picks, |
| --- | --- |

—

ice axes and ice picks,

| — | ice skates, |
| --- | --- |

—

ice skates,

| — | lockable or flick knives with blades of any length, |
| --- | --- |

—

lockable or flick knives with blades of any length,

| — | knives, including ceremonial knives, with blades of more than 6 cm, made of metal or any other material strong enough to be used as a potential weapon, |
| --- | --- |

—

knives, including ceremonial knives, with blades of more than 6 cm, made of metal or any other material strong enough to be used as a potential weapon,

| — | meat cleavers, |
| --- | --- |

—

meat cleavers,

| — | machetes, |
| --- | --- |

—

machetes,

| — | open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge), |
| --- | --- |

—

open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge),

| — | sabres, swords and swordsticks, |
| --- | --- |

—

sabres, swords and swordsticks,

| — | scalpels, |
| --- | --- |

—

scalpels,

| — | scissors with blades more than 6 cm in length, |
| --- | --- |

—

scissors with blades more than 6 cm in length,

| — | ski and walking/hiking poles, |
| --- | --- |

—

ski and walking/hiking poles,

| — | throwing stars, |
| --- | --- |

—

throwing stars,

| — | tradesmen’s tools that have the potential to be used as a pointed or edged weapon (e.g. drills and drill bits, box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches/spanners, blowtorches). |
| --- | --- |

—

tradesmen’s tools that have the potential to be used as a pointed or edged weapon (e.g. drills and drill bits, box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches/spanners, blowtorches).

(c)   Blunt instruments

Any blunt instrument capable of causing injury, including:

| — | baseball and softball bats, |
| --- | --- |

—

baseball and softball bats,

| — | clubs or batons — rigid or flexible (e.g. billy clubs, blackjacks, nightsticks and batons), |
| --- | --- |

—

clubs or batons — rigid or flexible (e.g. billy clubs, blackjacks, nightsticks and batons),

| — | cricket bats, |
| --- | --- |

—

cricket bats,

| — | golf clubs, |
| --- | --- |

—

golf clubs,

| — | hockey sticks, |
| --- | --- |

—

hockey sticks,

| — | lacrosse sticks, |
| --- | --- |

—

lacrosse sticks,

| — | kayak and canoe paddles, |
| --- | --- |

—

kayak and canoe paddles,

| — | skateboards, |
| --- | --- |

—

skateboards,

| — | billiard, snooker and pool cues, |
| --- | --- |

—

billiard, snooker and pool cues,

| — | fishing rods, |
| --- | --- |

—

fishing rods,

| — | martial arts equipment (e.g. knuckledusters, clubs, coshes, rice flails, num chucks, kubatons, kubasaunts). |
| --- | --- |

—

martial arts equipment (e.g. knuckledusters, clubs, coshes, rice flails, num chucks, kubatons, kubasaunts).

(d)   Explosives and flammable substances

Any explosive or highly combustible substances which pose a risk to the health of passengers and crew or the security/safety of aircraft or property, including:

| — | ammunition, |
| --- | --- |

—

ammunition,

| — | blasting caps, |
| --- | --- |

—

blasting caps,

| — | detonators and fuses, |
| --- | --- |

—

detonators and fuses,

| — | explosives and explosive devices, |
| --- | --- |

—

explosives and explosive devices,

| — | replica or imitation explosive material or devices, |
| --- | --- |

—

replica or imitation explosive material or devices,

| — | mines and other explosive military stores, |
| --- | --- |

—

mines and other explosive military stores,

| — | grenades of all types, |
| --- | --- |

—

grenades of all types,

| — | gas and gas containers (e.g. butane, propane, acetylene, oxygen) in large volume, |
| --- | --- |

—

gas and gas containers (e.g. butane, propane, acetylene, oxygen) in large volume,

| — | fireworks, flares (in any form) and other pyrotechnics (including party poppers and toy caps), |
| --- | --- |

—

fireworks, flares (in any form) and other pyrotechnics (including party poppers and toy caps),

| — | non-safety matches, |
| --- | --- |

—

non-safety matches,

| — | smoke generating canisters or cartridges, |
| --- | --- |

—

smoke generating canisters or cartridges,

| — | flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol), |
| --- | --- |

—

flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol),

| — | aerosol spray paint, |
| --- | --- |

—

aerosol spray paint,

| — | turpentine and paint thinner, |
| --- | --- |

—

turpentine and paint thinner,

| — | alcoholic beverages exceeding 70 % by volume (140 % proof). |
| --- | --- |

—

alcoholic beverages exceeding 70 % by volume (140 % proof).

(e)   Chemical and toxic substances

Any chemical or toxic substances which pose a risk to the health of passengers and crew or the security or safety of aircraft or property, including:

| — | acids and alkalis (e.g. spillable ‘wet’ batteries), |
| --- | --- |

—

acids and alkalis (e.g. spillable ‘wet’ batteries),

| — | corrosive or bleaching substances (e.g. mercury, chlorine), |
| --- | --- |

—

corrosive or bleaching substances (e.g. mercury, chlorine),

| — | disabling or incapacitating sprays (e.g. mace, pepper spray, tear gas), |
| --- | --- |

—

disabling or incapacitating sprays (e.g. mace, pepper spray, tear gas),

| — | radioactive material (e.g. medicinal or commercial isotopes), |
| --- | --- |

—

radioactive material (e.g. medicinal or commercial isotopes),

| — | poisons, |
| --- | --- |

—

poisons,

| — | infectious or biological hazardous material (e.g. infected blood, bacteria and viruses), |
| --- | --- |

—

infectious or biological hazardous material (e.g. infected blood, bacteria and viruses),

| — | material capable of spontaneous ignition or combustion, |
| --- | --- |

—

material capable of spontaneous ignition or combustion,

| — | fire extinguishers. |
| --- | --- |

—

fire extinguishers.

(f)   Liquids

Liquids, unless in individual containers with a capacity not greater than 100 millilitres or equivalent and contained in one transparent resealable plastic bag of a capacity not exceeding one litre. The contents of the plastic bag shall fit comfortably and the bag shall be completely closed. Liquids include gels, pastes, lotions, liquid/solid mixtures and the contents of pressurised containers, e.g. toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam, aerosols and other items of similar consistency.

Exemptions may be granted if the liquid is:

| 1. | to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do the passenger shall provide proof of authenticity of the exempted liquid; or |
| --- | --- |

1.

to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do the passenger shall provide proof of authenticity of the exempted liquid; or

| 2. | obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at that airport on that day; or |
| --- | --- |

2.

obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at that airport on that day; or

| 3. | obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or |
| --- | --- |

3.

obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or

| 4. | obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at airside at that airport on that day; or |
| --- | --- |

4.

obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at airside at that airport on that day; or

| 5. | obtained on board an aircraft of a Community air carrier, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day; or |
| --- | --- |

5.

obtained on board an aircraft of a Community air carrier, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day; or

| 6. | obtained from outlets located in an airside area beyond the point where boarding passes are controlled or in a security restricted area in an airport situated in a third country listed in Attachment 1. The Commission may decide, in accordance with the procedure referred to in Article 9(2) of Regulation (EC) No 2320/2002, to include in Attachment 1 an airport of a third country, provided that the following conditions are met:






  — | the third country has a good record of cooperation with the Community and its Member States, and |
| --- | --- | --- |

6.

obtained from outlets located in an airside area beyond the point where boarding passes are controlled or in a security restricted area in an airport situated in a third country listed in Attachment 1. The Commission may decide, in accordance with the procedure referred to in Article 9(2) of Regulation (EC) No 2320/2002, to include in Attachment 1 an airport of a third country, provided that the following conditions are met:

—

the third country has a good record of cooperation with the Community and its Member States, and

| — | the Commission has recognised after verification that:






  (a) | the third country applies satisfactory standards of aviation security; and |
| --- | --- | --- |

—

the Commission has recognised after verification that:

(a)

the third country applies satisfactory standards of aviation security; and

| (b) | security measures are applied at the airport equivalent to those set out in paragraph 2.3.3 of this Annex and paragraph 2.3.6 of the Commission Decision of 8 August 2008 (3); and |
| --- | --- |

(b)

security measures are applied at the airport equivalent to those set out in paragraph 2.3.3 of this Annex and paragraph 2.3.6 of the Commission Decision of 8 August 2008 (3); and

| (c) | the recommended security control guidelines of the International Civil Aviation Organisation for screening liquids, gels and aerosols are implemented at the airport, as laid down in the state letter of 1 December 2006 (Reference: AS 8/11-06/100 Confidential) and in the state letter of 30 March 2007 (Reference: AS 8/11-07/26 Confidential) or, in the case of tamper-evident bags, equivalent specifications; and |
| --- | --- |

(c)

the recommended security control guidelines of the International Civil Aviation Organisation for screening liquids, gels and aerosols are implemented at the airport, as laid down in the state letter of 1 December 2006 (Reference: AS 8/11-06/100 Confidential) and in the state letter of 30 March 2007 (Reference: AS 8/11-07/26 Confidential) or, in the case of tamper-evident bags, equivalent specifications; and

| (d) | the tamper-evident bag in which the liquid is placed displays satisfactory proof of purchase on airside at the third country airport within the preceding 36 hours. |
| --- | --- |

(d)

the tamper-evident bag in which the liquid is placed displays satisfactory proof of purchase on airside at the third country airport within the preceding 36 hours.

2.   A passenger may be exempted from the requirements of point 4.1.1.1 provided that:

| (a) | The appropriate authority has been informed in advance and given consent that the article(s) may be carried; and |
| --- | --- |

(a)

The appropriate authority has been informed in advance and given consent that the article(s) may be carried; and

| (b) | The captain of the aircraft has been informed about the passenger and the prohibited article(s) he/she is carrying. |
| --- | --- |

(b)

The captain of the aircraft has been informed about the passenger and the prohibited article(s) he/she is carrying.

Where appropriate the prohibited article(s) shall be placed in secure conditions.

3.   The list of prohibited articles referred to in point 4.1.1.1 and information about the exemptions permitted shall be made available to the public.

4.   The appropriate authority may prohibit articles in addition to those covered by point 4.1.1.1. The appropriate authority shall make reasonable efforts to inform passengers of such articles before they have completed the hold baggage check-in procedure.

5.   Unless prohibited under point 5.2.3.1, articles prohibited under points 4.1.1.1 or 4.1.1.4 may be carried in hold baggage, provided that passengers have no unsupervised access to such baggage from the point at which the baggage is checked in to the point where it is reclaimed at arrival.

6.   Security staff may refuse access to a security restricted area and the cabin of an aircraft any passenger in possession of an article not contained in point 4.1.1.3 over which they have concern.

4.1.2.   Calibration of walk-through metal detection equipment

No provisions in this Regulation.

4.1.3.   Screening of passengers with reduced mobility

No provisions in this Regulation.

4.1.4.   Security provisions for potentially disruptive passengers

| 1. | Specific security measures shall be introduced for the air transport of the following groups of potentially disruptive passengers:






  (a) | Deportees:






  — | persons who had legally been admitted to a Member State by its authorities or who had entered a Member State illegally, and who at some later time are formally ordered by the Authorities to leave that Member State. |
| --- | --- | --- | --- |

1.

(a)

Deportees:

—

persons who had legally been admitted to a Member State by its authorities or who had entered a Member State illegally, and who at some later time are formally ordered by the Authorities to leave that Member State.

| (b) | Inadmissible persons:






  — | persons whose entry to a Member State is refused by the competent authorities and who are being transported back to their country of departure, or to any other country where the persons are admissible. |
| --- | --- | --- |

(b)

Inadmissible persons:

—

persons whose entry to a Member State is refused by the competent authorities and who are being transported back to their country of departure, or to any other country where the persons are admissible.

| (c) | Persons in lawful custody:






  — | persons either under arrest or convicted by a court of law who have to be transported. |
| --- | --- | --- |

(c)

Persons in lawful custody:

—

persons either under arrest or convicted by a court of law who have to be transported.

| 2. | The competent authorities shall notify the air carrier concerned in sufficient time in writing when they plan to embark potentially disruptive passengers. |
| --- | --- |

2.

| 3. | The written notification to the air carrier and to the pilot-in-command shall contain the following details:






  — | identity of the person, |
| --- | --- | --- |

3.

—

identity of the person,

| — | reason for transportation, |
| --- | --- |

—

reason for transportation,

| — | name and title of escort(s), if provided, |
| --- | --- |

—

name and title of escort(s), if provided,

| — | risk assessment by the competent authorities (including reasons for escort or non-escort), |
| --- | --- |

—

risk assessment by the competent authorities (including reasons for escort or non-escort),

| — | prior seating arrangement, if required, and |
| --- | --- |

—

prior seating arrangement, if required, and

| — | nature of available document(s). |
| --- | --- |

—

nature of available document(s).

| 4. | Specific security measures shall be introduced for unruly passengers. Unruly passengers are persons who commit on board a civil aircraft, from the moment when the aircraft door is closed prior to take-off to the moment when it is reopened after landing, an act of:






  — | assault, intimidation, menace or wilful recklessness which endangers good order or the safety of property or persons, |
| --- | --- | --- |

4.

—

assault, intimidation, menace or wilful recklessness which endangers good order or the safety of property or persons,

| — | assault, intimidation, menace or interference with a crew member in performance of duties or which lessens ability to perform duties, |
| --- | --- |

—

assault, intimidation, menace or interference with a crew member in performance of duties or which lessens ability to perform duties,

| — | wilful recklessness or damage to an aircraft, its equipment, or attendant structures and equipment such as to endanger good order and safety of the aircraft or its occupants, |
| --- | --- |

—

wilful recklessness or damage to an aircraft, its equipment, or attendant structures and equipment such as to endanger good order and safety of the aircraft or its occupants,

| — | communication of information which is known to be false, thereby endangering the safety of an aircraft in flight, |
| --- | --- |

—

communication of information which is known to be false, thereby endangering the safety of an aircraft in flight,

| — | disobedience of lawful commands or instructions for safe, orderly or efficient operations. |
| --- | --- |

—

disobedience of lawful commands or instructions for safe, orderly or efficient operations.

| 5. | Persons in lawful custody shall always be escorted. |
| --- | --- |

5.

4.2.   Separation of passengers

In the event that a part of the air terminal facilities located between the security screening checkpoints and the point of boarding aircraft has been used by arriving passengers not screened to the detail contained in Regulation (EC) No 2320/2002, this area shall be searched to ensure that no prohibited articles are left behind before any boarding of screened passengers take place.

4.3.   Screening of cabin baggage

| 1. | All liquids shall be presented at screening points for examination. |
| --- | --- |

1.

| 2. | Portable computers and other large electrical items shall be removed from cabin baggage before screening is performed and screened separately. |
| --- | --- |

2.

| 3. | Coats and jackets of passengers shall be screened as a separate piece of cabin baggage. |
| --- | --- |

3.

4.3.1.   Screening of cabin baggage using high definition x-ray equipment with TIP installed and employed

No provisions in this Regulation.

4.4.   Screening of diplomats

No provisions in this Regulation.

5.   HOLD BAGGAGE

5.1.   Reconciliation of hold baggage

No provisions in this Regulation.

5.2.   Screening of hold baggage

5.2.1.   Accompanied hold baggage

| 1. | The air carrier shall ensure that every passenger travels on the same flight as their checked hold baggage. Where this is not the case, that hold baggage shall be considered as unaccompanied baggage. |
| --- | --- |

1.

| 2. | The appropriate authority shall set out in its national civil aviation security programme detailed procedures how the screening objective shall be met in case of screening equipment failure. |
| --- | --- |

2.

5.2.2.   Unaccompanied hold baggage

An air carrier accepting unaccompanied hold baggage from another air carrier shall obtain a written record that the security controls detailed in the Annex to Regulation (EC) No 2320/2002 were carried out for this hold baggage prior to acceptance for carriage.

5.2.3.   Articles prohibited from hold baggage

| 1. | The following articles shall not be placed in hold baggage:






  — | explosives, including detonators, fuses, grenades, mines and explosives, |
| --- | --- | --- |

1.

—

explosives, including detonators, fuses, grenades, mines and explosives,

| — | gases, including propane and butane, |
| --- | --- |

—

gases, including propane and butane,

| — | flammable liquids, including gasoline and methanol, |
| --- | --- |

—

flammable liquids, including gasoline and methanol,

| — | flammable solids and reactive substances, including magnesium, firelighters, fireworks and flares, |
| --- | --- |

—

flammable solids and reactive substances, including magnesium, firelighters, fireworks and flares,

| — | oxidisers and organic peroxides, including bleach and car body repair kits, |
| --- | --- |

—

oxidisers and organic peroxides, including bleach and car body repair kits,

| — | toxic or infectious substances, including rat poison and infected blood, |
| --- | --- |

—

toxic or infectious substances, including rat poison and infected blood,

| — | radioactive material, including medicinal or commercial isotopes, |
| --- | --- |

—

radioactive material, including medicinal or commercial isotopes,

| — | corrosives, including mercury and vehicle batteries, |
| --- | --- |

—

corrosives, including mercury and vehicle batteries,

| — | vehicle fuel system components which have contained fuel. |
| --- | --- |

—

vehicle fuel system components which have contained fuel.

| 2. | The list of prohibited articles referred to in point 5.2.3.1 shall be made available to the public at the agencies of air carriers and through other appropriate means. |
| --- | --- |

2.

| 3. | The appropriate authority may prohibit articles in addition to those covered by point 5.2.3.1. The appropriate authority shall make reasonable efforts to inform passengers of such articles. |
| --- | --- |

3.

| 4. | Security staff may refuse the transportation of hold baggage containing an article not covered by point 5.2.3.1 over which they have concern. |
| --- | --- |

4.

5.2.4.   Screening of hold baggage using explosive detection systems (EDS)

No provisions in this Regulation.

5.2.5.   Screening of accompanied hold baggage using conventional x-ray equipment with TIP installed and employed

No provisions in this Regulation.

5.3.   Protection of hold baggage

| 1. | Access to the baggage make-up and storage areas shall be limited to those staff having an operational requirement to enter the area. These shall include those involved in the loading, unloading and protection of hold baggage and persons authorised by the appropriate authority to be allowed access to the baggage make-up and storage areas. |
| --- | --- |

1.

| 2. | Passengers may be allowed access to their own items of screened hold baggage where this is necessary provided that they are supervised throughout to ensure that no prohibited item is:






  (a) | introduced into the hold baggage; or |
| --- | --- | --- |

2.

(a)

introduced into the hold baggage; or

| (b) | removed from the hold baggage and introduced into the aircraft cabin or security restricted area. |
| --- | --- |

(b)

removed from the hold baggage and introduced into the aircraft cabin or security restricted area.

6.   CARGO, COURIER AND EXPRESS PARCELS

6.1.   Application

For the purpose of this Regulation:

‘account consignor’ means a consignor whose consignments can be positively identified for carriage exclusively on all-cargo aircraft, as referred to in point 6.5 of the Annex to Regulation (EC) No 2320/2002.

6.2.   Qualifications for a regulated agent

Designation, approval or listing by the appropriate authority

| 6.2.1. | In order for an entity to be designated, approved or listed by the appropriate authority as a regulated agent, Member States shall ensure that the following procedure is implemented:






  (a) | The entity shall apply to the appropriate authority of the Member State in which it is located for the status of regulated agent.
  The applicant shall submit a security programme to the appropriate authority. The programme shall describe the methods and procedures which are to be followed by the agent in order to comply both with this Regulation and with the national civil aviation security programme of the Member State in which it is located. The programme shall also describe how compliance with these methods and procedures is to be monitored by the agent itself.
  The applicant shall also submit a written declaration of its commitment to maintain the standards of security set out in its programme and to notify the appropriate authority promptly of any changes in its programme. This shall be signed by the legal representative or by the person responsible for security. |
| --- | --- | --- |

6.2.1.

(a)

The entity shall apply to the appropriate authority of the Member State in which it is located for the status of regulated agent.

The applicant shall submit a security programme to the appropriate authority. The programme shall describe the methods and procedures which are to be followed by the agent in order to comply both with this Regulation and with the national civil aviation security programme of the Member State in which it is located. The programme shall also describe how compliance with these methods and procedures is to be monitored by the agent itself.

The applicant shall also submit a written declaration of its commitment to maintain the standards of security set out in its programme and to notify the appropriate authority promptly of any changes in its programme. This shall be signed by the legal representative or by the person responsible for security.

| (b) | The appropriate authority shall examine the security programme to ensure that the security measures laid down in the programme meet the required standard. The appropriate authority then shall make an on-site verification at those premises of the applicant to be covered in order to assess whether the applicant is able to comply both with this Regulation and with the national civil aviation security programme of the Member State in which the premises are located. |
| --- | --- |

(b)

The appropriate authority shall examine the security programme to ensure that the security measures laid down in the programme meet the required standard. The appropriate authority then shall make an on-site verification at those premises of the applicant to be covered in order to assess whether the applicant is able to comply both with this Regulation and with the national civil aviation security programme of the Member State in which the premises are located.

| (c) | If the appropriate authority is satisfied with the information provided under points (a) and (b), it may designate, approve or list the agent as a regulated agent for specified sites. |
| --- | --- |

(c)

If the appropriate authority is satisfied with the information provided under points (a) and (b), it may designate, approve or list the agent as a regulated agent for specified sites.

This procedure shall apply at the latest from 1 March 2008.

| 6.2.2. | An inspection by the appropriate authority at the premises of the regulated agent may be considered as an on-site verification for the purposes of point 6.2.1(b). |
| --- | --- |

6.2.2.

| 6.2.3. | If the appropriate authority is no longer satisfied that the regulated agent is able to comply both with this Regulation and with its national civil aviation security programme, it shall withdraw the status of regulated agent. |
| --- | --- |

6.2.3.

6.3.   Security controls

| 6.3.1. | When screening cargo in accordance with point 6.3.1(b) of the Annex to Regulation (EC) No 2320/2002, agents or air carriers shall:






  (a) | employ the means or method most likely to detect prohibited articles, taking into consideration the nature of the consignment; and |
| --- | --- | --- |

6.3.1.

(a)

employ the means or method most likely to detect prohibited articles, taking into consideration the nature of the consignment; and

| (b) | ensure that the means or method employed is of, or to, a standard sufficient to ensure that no prohibited articles are concealed in the cargo. |
| --- | --- |

(b)

ensure that the means or method employed is of, or to, a standard sufficient to ensure that no prohibited articles are concealed in the cargo.

| 6.3.2. | The appropriate authority shall notify the Commission of all other means, as referred to in point 6.3.1(b) under (iv) of the Annex to Regulation (EC) No 2320/2002, which it allows for screening cargo. |
| --- | --- |

6.3.2.

6.4.   Criteria for a known consignor

| 6.4.1. | The declaration of the known consignor as referred to in point 6.4.1(b) of the Annex to Regulation (EC) No 2320/2002 shall be made once a year in writing and using a standardised national format.
  The declaration shall include the certification that consignments do not contain any prohibited articles as listed in points (iv) and (v) of the Attachment, as referred to in point 6.4.1(c) under (i) of the Annex to Regulation (EC) No 2320/2002.
  The known consignor shall accept full responsibility for its declaration. |
| --- | --- |

6.4.1.

The declaration shall include the certification that consignments do not contain any prohibited articles as listed in points (iv) and (v) of the Attachment, as referred to in point 6.4.1(c) under (i) of the Annex to Regulation (EC) No 2320/2002.

The known consignor shall accept full responsibility for its declaration.

| 6.4.2. | When a consignment contains any prohibited articles, the known consignor shall at all times certify in writing to the regulated agent or air carrier that the consignment contains such articles. |
| --- | --- |

6.4.2.

| 6.4.3. | If the known consignor is no longer able to comply with its obligations, then the status of known consignor shall be withdrawn by the appropriate authority or the regulated agent or air carrier responsible for the validation. |
| --- | --- |

6.4.3.

6.5.   Carriage on all-cargo aircraft

| 6.5.1. | In order for a regulated agent or air carrier to designate an entity as an account consignor, Member States shall ensure that the following procedure is implemented:






  (a) | The entity shall submit a signed declaration of commitments, stating that it:






  — | confirms receipt of national instructions on security of premises, staff and transport, |
| --- | --- | --- | --- |

6.5.1.

(a)

The entity shall submit a signed declaration of commitments, stating that it:

—

confirms receipt of national instructions on security of premises, staff and transport,

| — | ensures that the national instructions on security are communicated to staff working at its premises, |
| --- | --- |

—

ensures that the national instructions on security are communicated to staff working at its premises,

| — | keeps cargo secure until it is handed over to the regulated agent or air carrier, |
| --- | --- |

—

keeps cargo secure until it is handed over to the regulated agent or air carrier,

| — | accepts that consignments may be subject to security controls, including screening, and |
| --- | --- |

—

accepts that consignments may be subject to security controls, including screening, and

| — | accepts unannounced inspections by the appropriate authority at its premises in order to assess whether the account consignor complies with the national instructions. |
| --- | --- |

—

accepts unannounced inspections by the appropriate authority at its premises in order to assess whether the account consignor complies with the national instructions.

The entity shall designate at least one person responsible for security at its premises and shall inform the regulated agent or air carrier of this person’s name and contact details.

| (b) | The regulated agent or air carrier shall establish the following details of the entity:






  — | the company details, including the bona fide business address, |
| --- | --- | --- |

(b)

The regulated agent or air carrier shall establish the following details of the entity:

—

the company details, including the bona fide business address,

| — | the nature of the business, |
| --- | --- |

—

the nature of the business,

| — | contact details, including those of the person(s) responsible for security, |
| --- | --- |

—

contact details, including those of the person(s) responsible for security,

| — | VAT reference number or company registration number, and |
| --- | --- |

—

VAT reference number or company registration number, and

| — | bank account. |
| --- | --- |

—

bank account.

| (c) | If the regulated agent or air carrier is satisfied with the information provided under points (a) and (b), then the entity may be designated as an account consignor. |
| --- | --- |

(c)

If the regulated agent or air carrier is satisfied with the information provided under points (a) and (b), then the entity may be designated as an account consignor.

| 6.5.2. | The regulated agent or air carrier shall maintain a database with the information referred to in point 6.5.1(b). The database shall be available for inspection by the appropriate authority. |
| --- | --- |

6.5.2.

| 6.5.3. | If a regulated agent or air carrier is no longer satisfied that the account consignor is able to comply with the national instructions, it shall withdraw the status of account consignor. |
| --- | --- |

6.5.3.

7.   MAIL

No provisions in this Regulation.

8.   AIR CARRIER MAIL AND MATERIALS

No provisions in this Regulation.

9.   AIR CARRIER CATERING STORES AND SUPPLIES

No provisions in this Regulation.

10.   AIR CARRIER CLEANING, STORES AND SUPPLIES

No provisions in this Regulation.

11.   GENERAL AVIATION

No provisions in this Regulation.

12.   STAFF RECRUITMENT AND TRAINING

12.1.   National Aviation Security Training Programme

The National Aviation Security Training Programme shall include training requirements for the handling of unruly passengers.

12.2.   Security staff

12.2.1.   Air carrier and airport security management

| 1. | The appropriate authority shall ensure that each Community airport and air carrier shall have suitably qualified security management. The appropriate authority shall ensure that there is an adequate security management organisation. Senior managers responsible for the security compliance of air carriers or airports shall posses the necessary levels of qualification, knowledge and experience, this shall include:






  (a) | experience in aviation security operations; or |
| --- | --- | --- |

1.

(a)

experience in aviation security operations; or

| (b) | experience from other security related fields, such as law enforcement, military or other; and |
| --- | --- |

(b)

experience from other security related fields, such as law enforcement, military or other; and

| (c) | certification or equivalent approval by the appropriate authority; and |
| --- | --- |

(c)

certification or equivalent approval by the appropriate authority; and

| (d) | knowledge in the following areas:






  — | security systems and access control, |
| --- | --- | --- |

(d)

knowledge in the following areas:

—

security systems and access control,

| — | ground and in-flight security, |
| --- | --- |

—

ground and in-flight security,

| — | weapons and prohibited articles, |
| --- | --- |

—

weapons and prohibited articles,

| — | overview of terrorism. |
| --- | --- |

—

overview of terrorism.

12.3.   Other staff

No provisions in this Regulation

13.   TECHNICAL SPECIFICATIONS FOR SCREENING EQUIPMENT

No provisions in this Regulation.

---

(1)  This Annex follows the same structure and numbering as in the Annex to Regulation (EC) No 2320/2002. Where no provision is enacted by this Regulation for the implementation or technical adaptation of the common basic standards then this is indicated explicitly under the corresponding heading.

(2)  
  OJ L 272, 25.10.1996, p. 36.

(3)  Decision not yet published in the Official Journal.

Attachment 1

Airport(s) from which flights depart to Community airports:

| — | Singapore (SIN) airport, |
| --- | --- |

—

Singapore (SIN) airport,

| — | Croatia:






  — | Dubrovnik (DBV) airport |
| --- | --- | --- |

—

Croatia:

—

Dubrovnik (DBV) airport

| — | Rijeka (RJK) airport |
| --- | --- |

—

Rijeka (RJK) airport

| — | Pula (PUY) airport |
| --- | --- |

—

Pula (PUY) airport

| — | Split (SPU) airport |
| --- | --- |

—

Split (SPU) airport

| — | Zadar (ZAD) airport |
| --- | --- |

—

Zadar (ZAD) airport

| — | Zagreb (ZAG) airport. |
| --- | --- |

—

Zagreb (ZAG) airport.

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/23 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/23

---

COMMISSION REGULATION (EC) No 821/2008

of 18 August 2008

amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1362/2000 of 29 June 2000 implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican States (1), and in particular Article 4 thereof,

Whereas:

| (1) | To take account of the accession to the European Union of Bulgaria and Romania on 1 January 2007, a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, was signed on 29 November 2006, which entered into force on 1 March 2007. |
| --- | --- |

(1)

To take account of the accession to the European Union of Bulgaria and Romania on 1 January 2007, a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, was signed on 29 November 2006, which entered into force on 1 March 2007.

| (2) | Accordingly, certain provisions of Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (2) have been adjusted by Decision No 2/2008 of the EU-Mexico Joint Council (3) amending Joint Council Decision No 2/2000, relating to trade in goods, certification of origin and government procurement. This Decision provides for the opening of a new annual tariff quota for bananas originating in Mexico. |
| --- | --- |

(2)

Accordingly, certain provisions of Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (2) have been adjusted by Decision No 2/2008 of the EU-Mexico Joint Council (3) amending Joint Council Decision No 2/2000, relating to trade in goods, certification of origin and government procurement. This Decision provides for the opening of a new annual tariff quota for bananas originating in Mexico.

| (3) | In order to implement this tariff quota Regulation (EC) No 1362/2000 should be adjusted. For that purpose it is necessary to open a new tariff quota for bananas originating in Mexico and to close the tariff quota for bananas opened in 2004 by Commission Regulation (EC) No 1553/2004 (4) which ceased to apply from 1 January 2006 in consequence of the introduction of the tariff-only regime by Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas (5). |
| --- | --- |

(3)

In order to implement this tariff quota Regulation (EC) No 1362/2000 should be adjusted. For that purpose it is necessary to open a new tariff quota for bananas originating in Mexico and to close the tariff quota for bananas opened in 2004 by Commission Regulation (EC) No 1553/2004 (4) which ceased to apply from 1 January 2006 in consequence of the introduction of the tariff-only regime by Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas (5).

| (4) | In accordance with Decision No 2/2008 the new tariff quota should be open from 1 January to 31 December of each calendar year. This quota should apply for the first time from the third day after the publication of Decision No 2/2008 in the Official Journal of the European Union. This Regulation should therefore apply from the same date and enter into force immediately. |
| --- | --- |

(4)

In accordance with Decision No 2/2008 the new tariff quota should be open from 1 January to 31 December of each calendar year. This quota should apply for the first time from the third day after the publication of Decision No 2/2008 in the Official Journal of the European Union. This Regulation should therefore apply from the same date and enter into force immediately.

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1362/2000 is amended as follows:

| 1. | Article 2 is amended as follows:






  (a) | paragraph 5b. is replaced by the following:

  ‘5b.   The customs duty applicable to products of CN code 0803 00 19 within the tariff quota at order No 09.1834 in the Annex shall be EUR 70/tonne.’; |
| --- | --- | --- |

1.

Article 2 is amended as follows:

(a)

paragraph 5b. is replaced by the following:

‘5b.   The customs duty applicable to products of CN code 0803 00 19 within the tariff quota at order No 09.1834 in the Annex shall be EUR 70/tonne.’;

| (b) | paragraph 6 is replaced by the following:

  ‘6.   With the exception of the tariff quotas at order No 09.1834, No 09.1854, No 09.1873 and No 09.1899, the tariff quotas mentioned in the Annex to this Regulation shall be opened each year for a 12-month period from 1 July to 30 June. These quotas shall be opened for the first time on 1 July 2000.
  The tariff quota at order No 09.1834 shall be opened from 1 January to 31 December of each calendar year. For the year 2008, this quota shall apply from 29 July 2008.
  The tariff quota at order No 09.1873 shall be opened from 1 May 2004 to 31 December 2004 and from 1 January to 31 December of each calendar year thereafter, for as long as the quota remains applicable.’ |
| --- | --- |

(b)

paragraph 6 is replaced by the following:

‘6.   With the exception of the tariff quotas at order No 09.1834, No 09.1854, No 09.1873 and No 09.1899, the tariff quotas mentioned in the Annex to this Regulation shall be opened each year for a 12-month period from 1 July to 30 June. These quotas shall be opened for the first time on 1 July 2000.

The tariff quota at order No 09.1834 shall be opened from 1 January to 31 December of each calendar year. For the year 2008, this quota shall apply from 29 July 2008.

The tariff quota at order No 09.1873 shall be opened from 1 May 2004 to 31 December 2004 and from 1 January to 31 December of each calendar year thereafter, for as long as the quota remains applicable.’

| 2. | The Annex is amended as set out in the Annex to this Regulation. |
| --- | --- |

2.

The Annex is amended 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.

It shall apply from 29 July 2008.

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

Done at Brussels, 18 August 2008.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 157, 30.6.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 502/2005 (OJ L 83, 1.4.2005, p. 12).

1

(2)  
  OJ L 157, 30.6.2000, p. 10.

2

(3)  
  OJ L 198, 26.7.2008, p. 55.

3

(4)  
  OJ L 282, 1.9.2004, p. 3.

4

(5)  
  OJ L 316, 2.12.2005, p. 1. Regulation as amended by Regulation (EC) No 1528/2007 (OJ L 348, 31.12.2007, p. 1).

5

---

ANNEX

The table in the Annex to Regulation (EC) No 1362/2000 is amended as follows:

| 1. | Between the row with order number 09.1845 and the row with order number 09.1847, the following row is inserted:









  Order No | CN code | Description | Annual tariff quota volume
  (net weight, unless otherwise specified) | Tariff quota duty
  (% reduction) |
| --- | --- | --- | --- | --- | --- |
| ‘09.1834 | 0803 00 19 | Bananas, fresh (excluding plantains) | 2 000 tonnes | Fixed duty to be applied’ |

1.

Between the row with order number 09.1845 and the row with order number 09.1847, the following row is inserted:

Order No

CN code

Description

Annual tariff quota volume

(net weight, unless otherwise specified)

Tariff quota duty

(% reduction)

‘09.1834

0803 00 19

Bananas, fresh (excluding plantains)

2 000 tonnes

Fixed duty to be applied’

| 2. | The row for the tariff quota with order number 09.1871 is deleted. |
| --- | --- |

2.

The row for the tariff quota with order number 09.1871 is deleted.

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/25 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/25

---

COMMISSION REGULATION (EC) No 822/2008

of 18 August 2008

amending Regulation (EC) No 817/2008 fixing the import duties in the cereals sector applicable from 16 August 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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | The import duties in the cereals sector applicable from 16 August 2008 were fixed by Commission Regulation (EC) No 817/2008 (3). |
| --- | --- |

(1)

The import duties in the cereals sector applicable from 16 August 2008 were fixed by Commission Regulation (EC) No 817/2008 (3).

| (2) | As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 961/2007. |
| --- | --- |

(2)

As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 961/2007.

| (3) | Regulation (EC) No 817/2008 should therefore be amended accordingly, |
| --- | --- |

(3)

Regulation (EC) No 817/2008 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 817/2008 are hereby replaced by the text 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.

It shall apply from 19 August 2008.

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

Done at Brussels, 18 August 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 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).

2

(3)  
  OJ L 220, 15.8.2008, p. 16.

3

---

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 19 August 2008

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00  (2) |
| medium quality | 0,00  (2) |
| low quality | 0,00  (2) |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00  (2) |
| 1002 00 00 | Rye | 0,00  (2) |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize, other than seed (3) | 0,00  (2) |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 0,00  (2) |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00  (2)

medium quality

0,00  (2)

low quality

0,00  (2)

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00  (2)

1002 00 00

Rye

0,00  (2)

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize, other than seed (3)

0,00  (2)

1007 00 90

Grain sorghum other than hybrids for sowing

0,00  (2)

---

(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

| — | 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

| — | 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
| --- | --- |

—

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  In accordance with Regulation (EC) No 608/2008, application of this duty is suspended.

(3)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

---

ANNEX II

Factors for calculating the duties laid down in Annex I

15 August 2008

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:











  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 224,74 | 135,95 | — | — | — | — |
| Fob price USA | — | — | 296,57 | 286,57 | 266,57 | 129,17 |
| Gulf of Mexico premium | — | 11,96 | — | — | — | — |
| Great Lakes premium | 12,94 | — | — | — | — | — |

1.

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

224,74

135,95

—

—

—

—

Fob price USA

—

—

296,57

286,57

266,57

129,17

Gulf of Mexico premium

—

11,96

—

—

—

—

Great Lakes premium

12,94

—

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:






  Freight costs: Gulf of Mexico–Rotterdam: | 38,70  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 37,51  EUR/t |

2.

Freight costs: Gulf of Mexico–Rotterdam:

38,70  EUR/t

Freight costs: Great Lakes–Rotterdam:

37,51  EUR/t

---

(1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

---

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

DECISIONS

Commission

| 19.8.2008 | EN | Official Journal of the European Union | L 221/28 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/28

---

COMMISSION DECISION

of 24 July 2008

authorising a method for grading pig carcases in Bulgaria

(notified under document number C(2008) 3740)

(Only the Bulgarian text is authentic)

(2008/676/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), and in particular Article 5(2) thereof,

Whereas:

| (1) | Under Article 2(3) of Regulation (EEC) No 3220/84, the grading of pig carcases is to be determined by estimating the lean meat content by means of statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance is defined in Article 3(2) of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (2). |
| --- | --- |

(1)

Under Article 2(3) of Regulation (EEC) No 3220/84, the grading of pig carcases is to be determined by estimating the lean meat content by means of statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance is defined in Article 3(2) of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (2).

| (2) | Bulgaria has asked the Commission to authorise one method for grading pig carcases and has presented the results of its dissection trials in the second part of the protocol provided for in Article 3(3) of Regulation (EEC) No 2967/85. |
| --- | --- |

(2)

Bulgaria has asked the Commission to authorise one method for grading pig carcases and has presented the results of its dissection trials in the second part of the protocol provided for in Article 3(3) of Regulation (EEC) No 2967/85.

| (3) | Examination of this request has revealed that the conditions for authorising this grading method are fulfilled. |
| --- | --- |

(3)

Examination of this request has revealed that the conditions for authorising this grading method are fulfilled.

| (4) | No modification of the apparatus or grading method may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked. |
| --- | --- |

(4)

No modification of the apparatus or grading method may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat, |
| --- | --- |

(5)

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

HAS ADOPTED THIS DECISION:

Article 1

The use of the following method is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Bulgaria:

| — | the Ultra FOM 200 apparatus and the assessment methods related thereto, details of which are given in the Annex. |
| --- | --- |

—

the Ultra FOM 200 apparatus and the assessment methods related thereto, details of which are given in the Annex.

Article 2

Modifications of the apparatus or the assessment method shall not be authorised.

Article 3

This Decision is addressed to the Republic of Bulgaria.

Done at Brussels, 24 July 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 301, 20.11.1984, p. 1. Regulation as last amended by Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).

1

(2)  
  OJ L 285, 25.10.1985, p. 39. Regulation as last amended by Regulation (EC) No 1197/2006 (OJ L 217, 8.8.2006, p. 6).

2

---

ANNEX

Methods for grading pig carcases in Bulgaria

ULTRA FOM 200

| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed as Ultra FOM 200. |
| --- | --- |

1.

| 2. | The apparatus shall be equipped with an ultrasonic probe at 4 MHz (Krautkrämer MB 4 SE). The ultrasonic signal is digitised, stored and processed by a micro-processor (type Intel 80 C 32). The results of the measurements shall be converted into estimated lean meat content by means of the Ultra FOM apparatus itself. |
| --- | --- |

2.

| 3. | The lean meat content of the carcase shall be calculated according to the following formula:



  = 67,130 – 0,3284 × X1 – 0,3725 × X2 + 0,01515 × X3
  where: | = | the estimated lean meat content (in percentage), |
| --- | --- | --- | --- |
| X1 | = | thickness of the dorsal fat and skin measured at a point 7 cm off the midline of the carcase, between the third and fourth last lumber vertebra (in millimetres), |
| X2 | = | thickness of the dorsal fat and skin measured at a point 7 cm off the midline of the carcase, between the third and fourth last rib (in millimetres), |
| X3 | = | muscle depth measured at the same point and at the same time as the thickness of the dorsal fat (in millimetres). |

3.

Image 1
  = 67,130 – 0,3284 × X1 – 0,3725 × X2 + 0,01515 × X3

where:

Image 2

=

the estimated lean meat content (in percentage),

X1

=

thickness of the dorsal fat and skin measured at a point 7 cm off the midline of the carcase, between the third and fourth last lumber vertebra (in millimetres),

X2

=

thickness of the dorsal fat and skin measured at a point 7 cm off the midline of the carcase, between the third and fourth last rib (in millimetres),

X3

=

muscle depth measured at the same point and at the same time as the thickness of the dorsal fat (in millimetres).

This formula shall be valid for carcases weighing between 60 and 120 kilograms.

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/30 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/30

---

COMMISSION DECISION

of 28 July 2008

amending Decision 2006/784/EC as regards the authorisation of a method for grading pig carcases in France

(notified under document number C(2008) 3803)

(Only the French text is authentic)

(2008/677/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), and in particular Article 5(2) thereof,

Whereas:

| (1) | Commission Decision 2006/784/EC (2) authorises seven methods for grading pig carcases in France. |
| --- | --- |

(1)

Commission Decision 2006/784/EC (2) authorises seven methods for grading pig carcases in France.

| (2) | To simplify measuring operations, France has requested the Commission to authorise the replacement of the formula used in the ‘Capteur Gras/Maigre — Sydel (CGM)’ method of grading pig carcases and has presented the results of its dissection trials in the second part of the protocol provided for in Article 3(3) of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3). |
| --- | --- |

(2)

To simplify measuring operations, France has requested the Commission to authorise the replacement of the formula used in the ‘Capteur Gras/Maigre — Sydel (CGM)’ method of grading pig carcases and has presented the results of its dissection trials in the second part of the protocol provided for in Article 3(3) of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3).

| (3) | Examination of this request has revealed that the conditions for authorising this grading method are fulfilled. |
| --- | --- |

(3)

Examination of this request has revealed that the conditions for authorising this grading method are fulfilled.

| (4) | Decision 2006/784/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2006/784/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat, |
| --- | --- |

(5)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/784/EC is hereby amended in accordance with the Annex hereto.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 28 July 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 301, 20.11.1984, p. 1. Regulation as last amended by Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).

1

(2)  
  OJ L 318, 17.11.2006, p. 27. Decision as last amended by Decision 2008/293/EC (OJ L 98, 10.4.2008, p. 16).

2

(3)  
  OJ L 285, 25.10.1985, p. 39. Regulation as last amended by Regulation (EC) No 1197/2006 (OJ L 217, 8.8.2006, p. 6).

3

---

ANNEX

In the Annex to Decision 2006/784/EC, Part 1 (Capteur Gras/Maigre — Sydel (CGM)), point 3 is replaced by the following:

| ‘3. | The lean meat content of carcases shall be calculated using the following formula:




  = 62,19 – 0,729 G2 + 0,144 M2

  where: | = | the estimated percentage of lean meat in the carcase, |
| --- | --- | --- | --- |
| G2 | = | the thickness of the fat (including rind), between the third and fourth last ribs, at 6 cm off the dorsal midline, at a trajectory parallel to this line (in millimetres), |
| M2 | = | the thickness of the muscle, between the third and fourth last ribs, at 6 cm off the dorsal midline, at a trajectory parallel to this line (in millimetres). |

‘3.

Image 3
  = 62,19 – 0,729 G2 + 0,144 M2

where:

Image 4

=

the estimated percentage of lean meat in the carcase,

G2

=

the thickness of the fat (including rind), between the third and fourth last ribs, at 6 cm off the dorsal midline, at a trajectory parallel to this line (in millimetres),

M2

=

the thickness of the muscle, between the third and fourth last ribs, at 6 cm off the dorsal midline, at a trajectory parallel to this line (in millimetres).

This formula shall be valid for carcases weighing between 45 and 125 kg.’

---

| 19.8.2008 | EN | Official Journal of the European Union | L 221/32 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/32

---

COMMISSION DECISION

of 13 August 2008

amending Decision 2007/716/EC as regards certain establishments in the meat and milk sectors in Bulgaria

(notified under document number C(2008) 4319)

(Text with EEA relevance)

(2008/678/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Whereas:

| (1) | Commission Decision 2007/716/EC of 30 October 2007 lays down transitional measures for structural requirements of certain establishments in the meat and milk sectors in Bulgaria provided for in Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council (2). As long as those establishments are in transition, products originating from them should only be placed on the domestic market or used for further processing in Bulgarian establishments in transition. |
| --- | --- |

(1)

Commission Decision 2007/716/EC of 30 October 2007 lays down transitional measures for structural requirements of certain establishments in the meat and milk sectors in Bulgaria provided for in Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council (2). As long as those establishments are in transition, products originating from them should only be placed on the domestic market or used for further processing in Bulgarian establishments in transition.

| (2) | According to an official declaration from the Bulgarian competent authority, certain establishments in the meat and milk sectors have completed their upgrading process and are now in full compliance with Community legislation. Those establishments should therefore be deleted from the list of establishments in transition. |
| --- | --- |

(2)

According to an official declaration from the Bulgarian competent authority, certain establishments in the meat and milk sectors have completed their upgrading process and are now in full compliance with Community legislation. Those establishments should therefore be deleted from the list of establishments in transition.

| (3) | The Annex to Decision 2007/716/EC should therefore be amended accordingly. |
| --- | --- |

(3)

The Annex to Decision 2007/716/EC should therefore be amended accordingly.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(4)

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

The Annex to Decision 2007/716/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 August 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33, as corrected by OJ L 195, 2.6.2004, p. 12).

1

(2)  
  OJ L 289, 7.11.2007, p. 14. Decision as last amended by Decision 2008/552/EC (OJ L 178, 5.7.2008, p. 43).

2

---

ANNEX

The Annex to Decision 2007/716/EC is amended as follows:

| (1) | The following entries for meat processing establishments are deleted:








  No | Veterinary No | Name of establishment | Town/street or village/region |
| --- | --- | --- | --- | --- |
| ‘24. | BG 0701001 | "Cheh — Yosif Novosad" OOD | s. Sokolovo |
| obsht. Drianovo |

(1)

The following entries for meat processing establishments are deleted:

No

Veterinary No

Name of establishment

Town/street or village/region

‘24.

BG 0701001

"Cheh — Yosif Novosad" OOD

s. Sokolovo

obsht. Drianovo

33.

BG 0901007

EOOD "Bayka-1"

| gr. Kardzhali |
| --- |
| Zadbolnichen kvartal 29 |

gr. Kardzhali

Zadbolnichen kvartal 29

47.

BG 1501013

ET "Velichko Ivanov-Venetsiya"

| s. Malchika |
| --- |
| obsht. Levski |

s. Malchika

obsht. Levski

48.

BG 1501019

"Intermes" OOD

s. Tarnene

62.

BG 1901005

"Dulo-Alfa" OOD

gr. Dulovo ul. "Dobrudzha" 18

97.

BG 0402003

ET "M.M-Miroslav Hristov"

| s. Parvomaytsi |
| --- |
| obl. V. Tarnovo |

s. Parvomaytsi

obl. V. Tarnovo

172.

BG 1505018

ET "Anko Petrov-Anda"

| s. Komarevo |
| --- |
| obsht. D. Mitropolia |

s. Komarevo

obsht. D. Mitropolia

177.

BG 1605015

ET "D. Kalkanov"

| gr. Asenovgrad |
| --- |
| ul. "Oton Ivanov" 70 |

gr. Asenovgrad

ul. "Oton Ivanov" 70

241.

BG 0704009

"Ayvi" OOD

| gr. Gabrovo |
| --- |
| ul. "Industrialna" 1 |

gr. Gabrovo

ul. "Industrialna" 1

280.

BG 1604011

"Milena-Boris Kikyuov" ET

| gr. Plovdiv |
| --- |
| ul. "Slava" 3 |

gr. Plovdiv

ul. "Slava" 3

302.

BG 1804017

AD "Boroimpeks"

| gr. Borovo, |
| --- |
| bul. "Patriarh Evtimiy" 3A |

gr. Borovo,

bul. "Patriarh Evtimiy" 3A

375.

BG 2804010

ET "Tagara — Diana Kurteva"

| gr. Yambol |
| --- |
| Industrialna zona |

gr. Yambol

Industrialna zona

378.

BG 1518008

"Anona" OOD

| gr. Pleven |
| --- |
| Zapadna ind. Zona |
| ul. "Georgi Kochev"’ |

gr. Pleven

Zapadna ind. Zona

ul. "Georgi Kochev"’

| (2) | The following entries for milk processing establishments are deleted:








  No | Veterinary No | Name of establishment | Town/street or village/region |
| --- | --- | --- | --- | --- |
| ‘5. | BG 0412009 | "Milki-luks" EOOD | s. B. Cherkva |
| obsht. Pavlikeni |

(2)

The following entries for milk processing establishments are deleted:

No

Veterinary No

Name of establishment

Town/street or village/region

‘5.

BG 0412009

"Milki-luks" EOOD

s. B. Cherkva

obsht. Pavlikeni

22.

BG 1612038

"MAH — 2003" EOOD

s. Lenovo

54.

BG 2012022

"Bratya Zafirovi" OOD

| gr. Sliven |
| --- |
| Promishlena zona Zapad |

gr. Sliven

Promishlena zona Zapad

65.

112014

ET "Veles-Kostadin Velev"

| gr. Razlog |
| --- |
| ul. "Golak" 14 |

gr. Razlog

ul. "Golak" 14

105.

1512003

"Mandra-1" EOOD

| s. Tranchovitsa, |
| --- |
| obsht. Levski |

s. Tranchovitsa,

obsht. Levski

134.

1912002

"Laktokom" EOOD

s. Kalipetrovo

152.

2112024

ET "Ulan-Dzh. Ulanov"

s. Borino

168.

2312041

"Danim-D.Stoyanov"

EOOD

| gr. Elin Pelin |
| --- |
| m-st Mansarovo |

gr. Elin Pelin

m-st Mansarovo

190.

2712010

"Kamadzhiev-milk" EOOD

| s. Kriva reka |
| --- |
| obsht. N. Kozlevo’ |

s. Kriva reka

obsht. N. Kozlevo’

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

| 19.8.2008 | EN | Official Journal of the European Union | L 221/34 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

L 221/34

---

COMMISSION DECISION

of 31 July 2008

on the attribution of action grants for translating and testing a victimisation survey module under the specific programme ‘Prevention of and fight against crime’ as part of the general programme on security and safeguarding liberties

(2008/679/JHA)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Having regard to Council Decision 2007/125/JHA of 12 February 2007 establishing for the period 2007 to 2013, as part of the general programme on security and safeguarding liberties, the specific programme ‘Prevention of and fight against crime’ (1), and in particular Article 7(6) thereof,

Whereas:

| (1) | The Commission adopted on 16 April 2007 the 2007 annual work programme for the specific programme ‘Prevention of and fight against crime’ as part of the general programme on security and safeguarding liberties (2). |
| --- | --- |

(1)

The Commission adopted on 16 April 2007 the 2007 annual work programme for the specific programme ‘Prevention of and fight against crime’ as part of the general programme on security and safeguarding liberties (2).

| (2) | A call for framework partners under the programme ‘Prevention of and fight against crime’ was published in February 2007. |
| --- | --- |

(2)

A call for framework partners under the programme ‘Prevention of and fight against crime’ was published in February 2007.

| (3) | A specific call for proposals on translating and testing a victimisation survey module was sent on 16 August 2007 to all selected framework partners who had chosen the option ‘Statistics on crime and criminal justice’. |
| --- | --- |

(3)

A specific call for proposals on translating and testing a victimisation survey module was sent on 16 August 2007 to all selected framework partners who had chosen the option ‘Statistics on crime and criminal justice’.

| (4) | An evaluation committee met on 6 November 2007, 22 November 2007 and 17 December 2007 and recommended the attribution of the grants for translating and testing a victimisation survey module. |
| --- | --- |

(4)

An evaluation committee met on 6 November 2007, 22 November 2007 and 17 December 2007 and recommended the attribution of the grants for translating and testing a victimisation survey module.

| (5) | The measures provided for in this Decision are in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3). |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3).

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 8 of Council Decision 2007/125/JHA, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 8 of Council Decision 2007/125/JHA,

HAS DECIDED AS FOLLOWS:

Sole Article

The action grants referred to in the Annex are approved for the total amount of EUR 1 540 170,39.

Done at Brussels, 31 July 2008.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 58, 24.2.2007, p. 7.

1

(2)  C(2007) 1627.

2

(3)  
  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

3

---

ANNEX

Budget breakdown of action grants for translating and testing a victimisation survey module

| Framework partnership reference | Organisation | Selected/rejected | Total eligible cost
  (EUR) | Amount attributed
  (EUR) | % grant |
| --- | --- | --- | --- | --- | --- |
| JLS/I2007/ISEC-FPA/012 | Swedish National Council for Crime Prevention | Selected | 113 815,90 | 107 702,00 | 94,63 |
| JLS/I2007/ISEC-FPA/020 | Department of Statistics, Government of Lithuania | Selected | 39 855,87 | 27 899,11 | 70 |
| JLS/I2007/ISEC-FPA/033 | National Statistical Institute, Portugal | Selected | 133 041,32 | 126 389,25 | 95 |
| JLS/I2007/ISEC-FPA/037 | Statistics, Denmark | Selected | 160 264,87 | 152 250,80 | 95 |
| JLS/I2007/ISEC-FPA/043 | Statistical Office, Slovak Republic | Selected | 22 115,23 | 19 893,11 | 89,95 |
| JLS/I2007/ISEC-FPA/050 | Institute of Justice, Poland | Selected | 57 730,00 | 40 411,00 | 70 |
| JLS/I2007/ISEC-FPA/051 | Federal Statistical Office, Germany | Selected | 402 615,32 | 281 830,72 | 70 |
| JLS/I2007/ISEC-FPA/053 | Statistics, Austria | Selected | 120 703,15 | 110 703,15 | 91,72 |
| JLS/I2007/ISEC-FPA/054 | European Institute for Crime Prevention, HEUNI, Finland | Selected | 221 149,06 | 210 091,60 | 95 |
| JLS/I2007/ISEC-FPA/061 | Ministry for Home Affairs, Catalonia | Selected | 123 955,16 | 83 955,16 | 67,73 |
| JLS/I2007/ISEC-FPA/079 | Council for Criminal Research to Ministry of Justice, Bulgaria | Selected | 23 865,49 | 19 092,00 | 80 |
| JLS/I2007/ISEC-FPA/083 | Statistical Office, Republic of Slovenia | Selected | 86 076,32 | 81 772,50 | 95 |
| JLS/I2007/ISEC-FPA/087 | Istituto Nazionale di Statistica, ISTAT, Italy | Selected | 175 801,15 | 158 779,37 | 90,32 |
| JLS/I2007/ISEC-FPA/102 | Central Statistical Bureau, Latvia | Selected | 29 567,51 | 26 610,75 | 90 |
| JLS/I2007/ISEC-FPA/103 | Secretariat of State for Security, Spain | Selected | 132 556,95 | 92 789,87 | 70 |
| Total | | | 1 843 113,30 | 1 540 170,39 | |

Framework partnership reference

Organisation

Selected/rejected

Total eligible cost

(EUR)

Amount attributed

(EUR)

% grant

JLS/I2007/ISEC-FPA/012

Swedish National Council for Crime Prevention

Selected

113 815,90

107 702,00

94,63

JLS/I2007/ISEC-FPA/020

Department of Statistics, Government of Lithuania

Selected

39 855,87

27 899,11

70

JLS/I2007/ISEC-FPA/033

National Statistical Institute, Portugal

Selected

133 041,32

126 389,25

95

JLS/I2007/ISEC-FPA/037

Statistics, Denmark

Selected

160 264,87

152 250,80

95

JLS/I2007/ISEC-FPA/043

Statistical Office, Slovak Republic

Selected

22 115,23

19 893,11

89,95

JLS/I2007/ISEC-FPA/050

Institute of Justice, Poland

Selected

57 730,00

40 411,00

70

JLS/I2007/ISEC-FPA/051

Federal Statistical Office, Germany

Selected

402 615,32

281 830,72

70

JLS/I2007/ISEC-FPA/053

Statistics, Austria

Selected

120 703,15

110 703,15

91,72

JLS/I2007/ISEC-FPA/054

European Institute for Crime Prevention, HEUNI, Finland

Selected

221 149,06

210 091,60

95

JLS/I2007/ISEC-FPA/061

Ministry for Home Affairs, Catalonia

Selected

123 955,16

83 955,16

67,73

JLS/I2007/ISEC-FPA/079

Council for Criminal Research to Ministry of Justice, Bulgaria

Selected

23 865,49

19 092,00

80

JLS/I2007/ISEC-FPA/083

Statistical Office, Republic of Slovenia

Selected

86 076,32

81 772,50

95

JLS/I2007/ISEC-FPA/087

Istituto Nazionale di Statistica, ISTAT, Italy

Selected

175 801,15

158 779,37

90,32

JLS/I2007/ISEC-FPA/102

Central Statistical Bureau, Latvia

Selected

29 567,51

26 610,75

90

JLS/I2007/ISEC-FPA/103

Secretariat of State for Security, Spain

Selected

132 556,95

92 789,87

70

Total

1 843 113,30

1 540 170,39

---