# Official Journal L 329/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 329 |
| | |
| English edition | Legislation | Volume 5014 December 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 329

English edition

Legislation

Volume 5014 December 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 1467/2007 of 13 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 1468/2007 of 13 December 2007 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95 | 3 |
| | * | Commission Regulation (EC) No 1469/2007 of 13 December 2007 amending the Annex to Council Regulation No 79/65/EEC as regards the list of divisions | 5 |
| | * | Commission Regulation (EC) No 1470/2007 of 13 December 2007 amending Regulation (EEC) No 1859/82 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings | 7 |
| | * | Commission Regulation (EC) No 1471/2007 of 13 December 2007 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products | 9 |
| | * | Commission Regulation (EC) No 1472/2007 of 13 December 2007 derogating, for the 2007/08 wine year, from Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms | 12 |
| | * | Commission Regulation (EC) No 1473/2007 of 13 December 2007 on a transitional measure relating to the treatment of the by-products of winemaking provided for in Council Regulation (EC) No 1493/1999 for the 2007/08 wine year in Bulgaria | 13 |
| | * | Commission Regulation (EC) No 1474/2007 of 13 December 2007 amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat | 14 |
| | * | Commission Regulation (EC) No 1475/2007 of 13 December 2007 opening a Community tariff quota from 2008 for manioc originating from Thailand | 15 |
| | * | Commission Regulation (EC) No 1476/2007 of 13 December 2007 opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden and amending Regulations (EC) No 1059/2007 and (EC) No 1060/2007 | 17 |
| | * | Commission Regulation (EC) No 1477/2007 of 13 December 2007 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security (
  1
  ) | 22 |
| | | Commission Regulation (EC) No 1478/2007 of 13 December 2007 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty | 24 |
| | | Commission Regulation (EC) No 1479/2007 of 13 December 2007 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty | 27 |
| | | Commission Regulation (EC) No 1480/2007 of 13 December 2007 fixing the export refunds on eggs | 29 |
| | | Commission Regulation (EC) No 1481/2007 of 13 December 2007 fixing the export refunds on poultrymeat | 31 |
| | | DIRECTIVES |
| | * | Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues (
  1
  ) | 33 |
| | * | Commission Directive 2007/72/EC of 13 December 2007 amending Council Directive 66/401/EEC as regards the inclusion of the species Galega orientalis Lam. (
  1
  ) | 37 |
| | * | Commission Directive 2007/73/EC of 13 December 2007 amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, atrazine, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin (
  1
  ) | 40 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 1467/2007 of 13 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 1468/2007 of 13 December 2007 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

3

*

Commission Regulation (EC) No 1469/2007 of 13 December 2007 amending the Annex to Council Regulation No 79/65/EEC as regards the list of divisions

5

*

Commission Regulation (EC) No 1470/2007 of 13 December 2007 amending Regulation (EEC) No 1859/82 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings

7

*

Commission Regulation (EC) No 1471/2007 of 13 December 2007 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products

9

*

Commission Regulation (EC) No 1472/2007 of 13 December 2007 derogating, for the 2007/08 wine year, from Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms

12

*

Commission Regulation (EC) No 1473/2007 of 13 December 2007 on a transitional measure relating to the treatment of the by-products of winemaking provided for in Council Regulation (EC) No 1493/1999 for the 2007/08 wine year in Bulgaria

13

*

Commission Regulation (EC) No 1474/2007 of 13 December 2007 amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat

14

*

Commission Regulation (EC) No 1475/2007 of 13 December 2007 opening a Community tariff quota from 2008 for manioc originating from Thailand

15

*

Commission Regulation (EC) No 1476/2007 of 13 December 2007 opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden and amending Regulations (EC) No 1059/2007 and (EC) No 1060/2007

17

*

Commission Regulation (EC) No 1477/2007 of 13 December 2007 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security (
  1
  )

1

22

Commission Regulation (EC) No 1478/2007 of 13 December 2007 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty

24

Commission Regulation (EC) No 1479/2007 of 13 December 2007 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

27

Commission Regulation (EC) No 1480/2007 of 13 December 2007 fixing the export refunds on eggs

29

Commission Regulation (EC) No 1481/2007 of 13 December 2007 fixing the export refunds on poultrymeat

31

DIRECTIVES

*

Commission Directive 2007/71/EC of 13 December 2007 amending Annex II of Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues (
  1
  )

1

33

*

Commission Directive 2007/72/EC of 13 December 2007 amending Council Directive 66/401/EEC as regards the inclusion of the species Galega orientalis Lam. (
  1
  )

Galega orientalis

1

37

*

Commission Directive 2007/73/EC of 13 December 2007 amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, atrazine, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin (
  1
  )

1

40

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2007/831/EC |
| | * | Commission Decision of 13 September 2007 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/E-2/39.142 — Toyota)
  (notified under document number C(2007) 4273) | 52 |
| | | 2007/832/EC |
| | * | Commission Decision of 13 December 2007 amending Decision 2007/718/EC concerning certain protection measures against foot-and-mouth disease in Cyprus
  (notified under document number C(2007) 6251)

   (
  1
  ) | 56 |
| | | 2007/833/EC |
| | * | Commission Decision of 13 December 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom
  (notified under document number C(2007) 6256)

   (
  1
  ) | 59 |

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

DECISIONS

Commission

2007/831/EC

*

Commission Decision of 13 September 2007 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/E-2/39.142 — Toyota)
  (notified under document number C(2007) 4273)

(notified under document number C(2007) 4273)

52

2007/832/EC

*

Commission Decision of 13 December 2007 amending Decision 2007/718/EC concerning certain protection measures against foot-and-mouth disease in Cyprus
  (notified under document number C(2007) 6251)

   (
  1
  )

(notified under document number C(2007) 6251)

1

56

2007/833/EC

*

Commission Decision of 13 December 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom
  (notified under document number C(2007) 6256)

   (
  1
  )

(notified under document number C(2007) 6256)

1

59

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Political and Security Committee Decision EUPM/3/2007 of 30 November 2007 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) | 63 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Political and Security Committee Decision EUPM/3/2007 of 30 November 2007 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

63

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

| 14.12.2007 | EN | Official Journal of the European Union | L 329/1 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/1

---

COMMISSION REGULATION (EC) No 1467/2007

of 13 December 2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 December 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 13 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 168,9 |
| MA | 95,9 |
| TN | 157,6 |
| TR | 123,9 |
| ZZ | 136,6 |
| 0707 00 05 | JO | 209,9 |
| MA | 47,6 |
| TR | 114,3 |
| ZZ | 123,9 |
| 0709 90 70 | JO | 149,8 |
| MA | 53,3 |
| TR | 109,7 |
| ZZ | 104,3 |
| 0709 90 80 | EG | 359,4 |
| ZZ | 359,4 |
| 0805 10 20 | AR | 13,9 |
| AU | 10,4 |
| BR | 25,6 |
| TR | 60,8 |
| ZA | 41,4 |
| ZW | 20,3 |
| ZZ | 28,7 |
| 0805 20 10 | MA | 76,9 |
| ZZ | 76,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | IL | 68,5 |
| TR | 70,2 |
| ZZ | 69,4 |
| 0805 50 10 | EG | 81,3 |
| IL | 82,7 |
| MA | 119,9 |
| TR | 112,3 |
| ZA | 65,9 |
| ZZ | 92,4 |
| 0808 10 80 | AR | 79,2 |
| CA | 97,8 |
| CN | 92,7 |
| MK | 30,1 |
| US | 87,4 |
| ZZ | 77,4 |
| 0808 20 50 | AR | 71,4 |
| CN | 56,5 |
| TR | 145,7 |
| US | 108,8 |
| ZZ | 95,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

168,9

MA

95,9

TN

157,6

TR

123,9

ZZ

136,6

0707 00 05

JO

209,9

MA

47,6

TR

114,3

ZZ

123,9

0709 90 70

JO

149,8

MA

53,3

TR

109,7

ZZ

104,3

0709 90 80

EG

359,4

ZZ

359,4

0805 10 20

AR

13,9

AU

10,4

BR

25,6

TR

60,8

ZA

41,4

ZW

20,3

ZZ

28,7

0805 20 10

MA

76,9

ZZ

76,9

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

IL

68,5

TR

70,2

ZZ

69,4

0805 50 10

EG

81,3

IL

82,7

MA

119,9

TR

112,3

ZA

65,9

ZZ

92,4

0808 10 80

AR

79,2

CA

97,8

CN

92,7

MK

30,1

US

87,4

ZZ

77,4

0808 20 50

AR

71,4

CN

56,5

TR

145,7

US

108,8

ZZ

95,6

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/3 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/3

---

COMMISSION REGULATION (EC) No 1468/2007

of 13 December 2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 5(4) thereof,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 5(4) thereof,

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

Whereas:

| (1) | Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
| --- | --- |

(1)

Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

| (2) | It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published. |
| --- | --- |

(2)

It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.

| (3) | It is necessary to apply this amendment as soon as possible, given the situation on the market. |
| --- | --- |

(3)

It is necessary to apply this amendment as soon as possible, given the situation on the market.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 13 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1). Regulation (EEC) No 2771/75 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  
  OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

2

(3)  
  OJ L 282, 1.11.1975, p. 104. Regulation as last amended by Commission Regulation (EC) No 2916/95 (OJ L 305, 19.12.1995, p. 49).

3

(4)  
  OJ L 145, 29.6.1995, p. 47. Regulation as last amended by Regulation (EC) No 1341/2007 (OJ L 298, 16.11.2007, p. 20).

4

---

ANNEX

to the Commission Regulation of 13 December 2007 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

‘ANNEX I

| CN code | Description | Representative price
  (EUR/100 kg) | Security referred to in Article 3(3)
  (EUR/100 kg) | Origin (1) |
| --- | --- | --- | --- | --- |
| 0207 12 10 | Chicken carcases 70 % presented, frozen | 103,9 | 0 | 01 |
| 101,2 | 0 | 02 |
| 0207 12 90 | Chickens, plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as “65 % chickens”, or otherwise presented, frozen | 112,6 | 2 | 01 |
| 104,7 | 4 | 02 |
| 131,6 | 0 | 03 |
| 0207 14 10 | Boneless cuts of fowl of the species Gallus domesticus, frozen | 236,1 | 19 | 01 |
| 252,0 | 14 | 02 |
| 332,7 | 0 | 03 |
| 0207 14 60 | Legs and cuts of chicken, frozen | 111,2 | 10 | 01 |
| 0207 14 70 | Other parts of chickens, frozen | 211,9 | 22 | 01 |
| 0207 25 10 | Turkey carcases, known as 80 % turkeys, frozen | 138,3 | 6 | 01 |
| 0207 27 10 | Boneless cuts of turkey, frozen | 350,5 | 0 | 01 |
| 365,5 | 0 | 03 |
| 0408 11 80 | Dried egg yolks | 318,9 | 0 | 02 |
| 0408 91 80 | Dried eggs, not in shell | 329,1 | 0 | 02 |
| 1602 32 11 | Preparations of uncooked fowl of the species Gallus domesticus | 226,8 | 18 | 01 |
| 376,2 | 0 | 04 |
| 3502 11 90 | Dried eggs, albumin | 475,4 | 0 | 02 |

CN code

Description

Representative price

(EUR/100 kg)

Security referred to in Article 3(3)

(EUR/100 kg)

Origin (1)

0207 12 10

Chicken carcases 70 % presented, frozen

103,9

0

01

101,2

0

02

0207 12 90

Chickens, plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as “65 % chickens”, or otherwise presented, frozen

112,6

2

01

104,7

4

02

131,6

0

03

0207 14 10

Boneless cuts of fowl of the species Gallus domesticus, frozen

236,1

19

01

252,0

14

02

332,7

0

03

0207 14 60

Legs and cuts of chicken, frozen

111,2

10

01

0207 14 70

Other parts of chickens, frozen

211,9

22

01

0207 25 10

Turkey carcases, known as 80 % turkeys, frozen

138,3

6

01

0207 27 10

Boneless cuts of turkey, frozen

350,5

0

01

365,5

0

03

0408 11 80

Dried egg yolks

318,9

0

02

0408 91 80

Dried eggs, not in shell

329,1

0

02

1602 32 11

Preparations of uncooked fowl of the species Gallus domesticus

226,8

18

01

376,2

0

04

3502 11 90

Dried eggs, albumin

475,4

0

02

---

(1)  Origin of imports:

1

| 01 | Brazil |
| --- | --- |
| 02 | Argentina |
| 03 | Chile |
| 04 | Thailand.’ |

01

Brazil

02

Argentina

03

Chile

04

Thailand.’

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/5 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/5

---

COMMISSION REGULATION (EC) No 1469/2007

of 13 December 2007

amending the Annex to Council Regulation No 79/65/EEC as regards the list of divisions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), and in particular Article 2a thereof,

Having regard to the request of Portugal,

Whereas:

| (1) | A list of divisions within the meaning of Article 2(d) of Regulation No 79/65/EEC is laid down in the Annex to that Regulation. |
| --- | --- |

(1)

A list of divisions within the meaning of Article 2(d) of Regulation No 79/65/EEC is laid down in the Annex to that Regulation.

| (2) | According to that Annex, Portugal is divided into five divisions. For the purposes of Regulation No 79/65/EEC Portugal has requested to reduce the number of divisions by merging the divisions ‘Entre Douro e Minho e Beira Litoral’ and ‘Trás-os-montes e Beira Interior’ into one division ‘Norte e Centro’. |
| --- | --- |

(2)

According to that Annex, Portugal is divided into five divisions. For the purposes of Regulation No 79/65/EEC Portugal has requested to reduce the number of divisions by merging the divisions ‘Entre Douro e Minho e Beira Litoral’ and ‘Trás-os-montes e Beira Interior’ into one division ‘Norte e Centro’.

| (3) | Regulation No 79/65/EEC should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation No 79/65/EEC should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation No 79/65/EEC is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from the 2008 accounting year.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ 109, 23.6.1965, p. 1859. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

---

ANNEX

In the Annex to Regulation No 79/65/EEC, the part concerning Portugal is replaced by the following:

‘Portugal

| 1. | Norte e Centro; |
| --- | --- |

1.

| 2. | Ribatejo-Oeste; |
| --- | --- |

2.

| 3. | Alentego e Algarve; |
| --- | --- |

3.

| 4. | Açores e Madeira.’ |
| --- | --- |

4.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/7 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/7

---

COMMISSION REGULATION (EC) No 1470/2007

of 13 December 2007

amending Regulation (EEC) No 1859/82 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), and particular Article 4(4) thereof,

Whereas:

| (1) | Annex I to Commission Regulation (EEC) No 1859/82 (2) fixes the number of returning holdings per division. |
| --- | --- |

(1)

Annex I to Commission Regulation (EEC) No 1859/82 (2) fixes the number of returning holdings per division.

| (2) | Taking into account the changes in the Italian agricultural structures and the use of improved statistical methodologies for defining the number of holdings to be selected by region, type of farming and economic size class, the number of returning holdings per division in Italy should be adjusted so that the sample may better represent all the farm types present in the field of observation. |
| --- | --- |

(2)

Taking into account the changes in the Italian agricultural structures and the use of improved statistical methodologies for defining the number of holdings to be selected by region, type of farming and economic size class, the number of returning holdings per division in Italy should be adjusted so that the sample may better represent all the farm types present in the field of observation.

| (3) | Taking into account the changes in the Polish agricultural structures and the use of an increased number of types of farming used for stratification of the field of observation, the number of returning holdings per division in Poland should be adjusted so that the sample better represents all farm types present in the field of observation. |
| --- | --- |

(3)

Taking into account the changes in the Polish agricultural structures and the use of an increased number of types of farming used for stratification of the field of observation, the number of returning holdings per division in Poland should be adjusted so that the sample better represents all farm types present in the field of observation.

| (4) | Following the merging of the divisions ‘Entre Douro e Minho e Beira Litoral’ and ‘Trás-os-montes e Beira Interior’ into one division ‘Norte e Centro’ by Commission Regulation (EC) No 1469/2007 of 13 December 2007 amending the Annex to Council Regulation No 79/65/EEC as regards the list of divisions (3), the number of returning holdings per division in Portugal should be adjusted. |
| --- | --- |

(4)

Following the merging of the divisions ‘Entre Douro e Minho e Beira Litoral’ and ‘Trás-os-montes e Beira Interior’ into one division ‘Norte e Centro’ by Commission Regulation (EC) No 1469/2007 of 13 December 2007 amending the Annex to Council Regulation No 79/65/EEC as regards the list of divisions (3), the number of returning holdings per division in Portugal should be adjusted.

| (5) | Regulation (EEC) No 1859/82 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EEC) No 1859/82 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 1859/82 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from the 2008 accounting year.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ 109, 23.6.1965, p. 1859. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 205, 13.7.1982, p. 5. Regulation as last amended by Regulation (EC) No 800/2007 (OJ L 179, 7.7.2007, p. 3).

2

(3)  See page 5 of this Official Journal.

3

---

ANNEX

Annex I to Regulation (EEC) No 1859/82 is amended as follows:

| (1) | The part concerning Italy is replaced by the following:







  Reference number | Name of division | Number of returning holdings |
| --- | --- | --- | --- |
| | ‘ITALY |
| 221 | Valle d’Aosta | 197 |
| 222 | Piemonte | 619 |
| 230 | Lombardia | 710 |
| 241 | Trentino | 388 |
| 242 | Alto Adige | 405 |
| 243 | Veneto | 907 |
| 244 | Friuli-Venezia Giulia | 735 |
| 250 | Liguria | 508 |
| 260 | Emilia-Romagna | 1 166 |
| 270 | Toscana | 956 |
| 281 | Marche | 601 |
| 282 | Umbria | 498 |
| 291 | Lazio | 528 |
| 292 | Abruzzo | 504 |
| 301 | Molise | 354 |
| 302 | Campania | 478 |
| 303 | Calabria | 346 |
| 311 | Puglia | 453 |
| 312 | Basilicata | 450 |
| 320 | Sicilia | 470 |
| 330 | Sardegna | 413 |
| | Total Italy | 11 686 ’ |

(1)

The part concerning Italy is replaced by the following:

Reference number

Name of division

Number of returning holdings

‘ITALY

221

Valle d’Aosta

197

222

Piemonte

619

230

Lombardia

710

241

Trentino

388

242

Alto Adige

405

243

Veneto

907

244

Friuli-Venezia Giulia

735

250

Liguria

508

260

Emilia-Romagna

1 166

270

Toscana

956

281

Marche

601

282

Umbria

498

291

Lazio

528

292

Abruzzo

504

301

Molise

354

302

Campania

478

303

Calabria

346

311

Puglia

453

312

Basilicata

450

320

Sicilia

470

330

Sardegna

413

Total Italy

11 686 ’

| (2) | The part concerning Poland is replaced by the following:







  Reference number | Name of division | Number of returning holdings |
| --- | --- | --- | --- |
| | ‘POLAND |
| 785 | Pomorze and Mazury | 1 870 |
| 790 | Wielkopolska and Śląsk | 4 470 |
| 795 | Mazowsze and Podlasie | 4 460 |
| 800 | Małopolska and Pogórze | 1 300 |
| | Total Poland | 12 100 ’ |

(2)

The part concerning Poland is replaced by the following:

Reference number

Name of division

Number of returning holdings

‘POLAND

785

Pomorze and Mazury

1 870

790

Wielkopolska and Śląsk

4 470

795

Mazowsze and Podlasie

4 460

800

Małopolska and Pogórze

1 300

Total Poland

12 100 ’

| (3) | The part concerning Portugal is replaced by the following:







  Reference number | Name of division | Number of returning holdings |
| --- | --- | --- | --- |
| | ‘PORTUGAL |
| 615 | Norte e Centro | 1 233 |
| 630 | Ribatejo e Oeste | 351 |
| 640 | Alentejo e Algarve | 399 |
| 650 | Açores e Madeira | 317 |
| | Total Portugal | 2 300 ’ |

(3)

The part concerning Portugal is replaced by the following:

Reference number

Name of division

Number of returning holdings

‘PORTUGAL

615

Norte e Centro

1 233

630

Ribatejo e Oeste

351

640

Alentejo e Algarve

399

650

Açores e Madeira

317

Total Portugal

2 300 ’

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/9 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/9

---

COMMISSION REGULATION (EC) No 1471/2007

of 13 December 2007

amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on common organisation of the market in wine (1), and in particular Article 53(1) thereof,

Whereas:

| (1) | The list of terms set up in Article 28 of Commission Regulation (EC) No 753/2002 (2), has to be completed with the appropriate terms used by Denmark. |
| --- | --- |

(1)

The list of terms set up in Article 28 of Commission Regulation (EC) No 753/2002 (2), has to be completed with the appropriate terms used by Denmark.

| (2) | The list of traditional specific terms set up in Article 29 of Regulation (EC) No 753/2002 and in Annex III to that Regulation have to be adapted in accordance with the appropriate terms used by Germany, Slovenia and Slovakia. |
| --- | --- |

(2)

The list of traditional specific terms set up in Article 29 of Regulation (EC) No 753/2002 and in Annex III to that Regulation have to be adapted in accordance with the appropriate terms used by Germany, Slovenia and Slovakia.

| (3) | Bearing in mind that Germany has amended its legislation with effect from 1 August 2007, the amendments made in this Regulation concerning that Member State should also apply from that date, in order to avoid any trade disruption at Community level. |
| --- | --- |

(3)

Bearing in mind that Germany has amended its legislation with effect from 1 August 2007, the amendments made in this Regulation concerning that Member State should also apply from that date, in order to avoid any trade disruption at Community level.

| (4) | Regulation (EC) No 753/2002 should, therefore, be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 753/2002 should, therefore, be amended accordingly.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 753/2002 is amended as follows:

| 1. | In the first paragraph of Article 28 the following indent is added:






  ‘— | “regional vin” in the case of table wines originating in Denmark,’ |
| --- | --- | --- |

1.

In the first paragraph of Article 28 the following indent is added:

‘—

“regional vin” in the case of table wines originating in Denmark,’

| 2. | Article 29 is amended as follows:






  (a) | in paragraph 1, point (b) is replaced by the following:






  ‘(b) | Germany:
  accompanying the indication of origin of the wine






  — | “Qualitätswein”, |
| --- | --- | --- | --- | --- |

2.

Article 29 is amended as follows:

(a)

in paragraph 1, point (b) is replaced by the following:

‘(b)

Germany:

accompanying the indication of origin of the wine

—

“Qualitätswein”,

| — | “Prädikatswein”, supplemented by “Kabinett”, “Spätlese”, “Auslese”, “Beerenauslese”, “Trockenbeerenauslese” or “Eiswein”, |
| --- | --- |

—

“Prädikatswein”, supplemented by “Kabinett”, “Spätlese”, “Auslese”, “Beerenauslese”, “Trockenbeerenauslese” or “Eiswein”,

| — | “Qualitätswein mit Prädikat”, supplemented by “Kabinett”, “Spätlese”, “Auslese”, “Beerenauslese”, “Trockenbeerenauslese” or “Eiswein” until 1 August 2009
  ’; |
| --- | --- |

—

“Qualitätswein mit Prädikat”, supplemented by “Kabinett”, “Spätlese”, “Auslese”, “Beerenauslese”, “Trockenbeerenauslese” or “Eiswein” until 1 August 2009
  ’;

| (b) | in paragraph 1, point (o) is replaced by the following:






  ‘(o) | Slovenia:






  — | “kakovostno vino z zaščitenim geografskim poreklom” or “kakovostno vino ZGP”; these terms may be supplemented by the expression “mlado vino”, |
| --- | --- | --- | --- |

(b)

in paragraph 1, point (o) is replaced by the following:

‘(o)

Slovenia:

—

“kakovostno vino z zaščitenim geografskim poreklom” or “kakovostno vino ZGP”; these terms may be supplemented by the expression “mlado vino”,

| — | “vino s priznanim tradicionalnim poimenovanjem”, “vino PTP” or “renome”, |
| --- | --- |

—

“vino s priznanim tradicionalnim poimenovanjem”, “vino PTP” or “renome”,

| — | “vrhunsko vino z zaščitenim geografskim poreklom”, “vrhunsko vino ZGP” or “eminentno”; this term may be accompanied by “pozna trgatev”, “izbor”, “jagodni izbor”, “suhi jagodni izbor”, “ledeno vino”, “vino iz sušenega grozdja”, “arhivsko vino”, “arhiva”, “starano vino” or “slamno vino”;’ |
| --- | --- |

—

“vrhunsko vino z zaščitenim geografskim poreklom”, “vrhunsko vino ZGP” or “eminentno”; this term may be accompanied by “pozna trgatev”, “izbor”, “jagodni izbor”, “suhi jagodni izbor”, “ledeno vino”, “vino iz sušenega grozdja”, “arhivsko vino”, “arhiva”, “starano vino” or “slamno vino”;’

| (c) | in paragraph 1, point (p) is replaced by the following:






  ‘(p) | Slovakia: | names accompanying the indication of origin of the wine:






  — | “akostné víno”, |
| --- | --- | --- | --- | --- |

(c)

in paragraph 1, point (p) is replaced by the following:

‘(p)

Slovakia:

names accompanying the indication of origin of the wine:

—

“akostné víno”,

| — | “akostné víno s prívlastkom” plus “kabinetné”, “neskorý zber”, “výber z hrozna”, “bobuľový výber”, “hrozienkový výber”, “cibébový výber”, “slamové víno”, “ľadový zber”, |
| --- | --- |

—

“akostné víno s prívlastkom” plus “kabinetné”, “neskorý zber”, “výber z hrozna”, “bobuľový výber”, “hrozienkový výber”, “cibébový výber”, “slamové víno”, “ľadový zber”,

| | as well as the following expressions:






  — | “esencia”, |
| --- | --- | --- |

as well as the following expressions:

—

“esencia”,

| — | “forditáš”, |
| --- | --- |

—

“forditáš”,

| — | “mášláš”, |
| --- | --- |

—

“mášláš”,

| — | “samorodné”, |
| --- | --- |

—

“samorodné”,

| — | “výberová esencia”, |
| --- | --- |

—

“výberová esencia”,

| — | “výber ... putňový”, completed by the numbers 3-6.’; |
| --- | --- |

—

“výber ... putňový”, completed by the numbers 3-6.’;

| (d) | in paragraph 2, point (a) is deleted; |
| --- | --- |

(d)

in paragraph 2, point (a) is deleted;

| (e) | in paragraph 2, the following point is added:






  ‘(j) | Slovakia:






  — | “sekt vinohradníckej oblasti”, |
| --- | --- | --- | --- |

(e)

in paragraph 2, the following point is added:

‘(j)

Slovakia:

—

“sekt vinohradníckej oblasti”,

| — | “pestovateľský sekt”.’ |
| --- | --- |

—

“pestovateľský sekt”.’

| 3. | Annex III is amended in accordance with the Annex to this Regulation. |
| --- | --- |

3.

Annex III is amended in accordance with 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.

Article 1(2)(a) and (d) and Article 1(3) shall apply from 1 August 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 118, 4.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 1207/2007 (OJ L 272, 17.10.2007, p. 23).

2

---

ANNEX

The rows for Germany in Annex III to Regulation (EC) No 753/2002 are replaced by the following rows:

| ‘GERMANY |
| --- |
| Traditional specific terms referred to in Article 29 |
| Qualitätswein | All | Quality wine psr | German | | |
| Qualitätswein mit Prädikat (*1)/Q.b.A. m. Pr./Prädikatswein | All | Quality wine psr | German | | |
| Auslese | All | Quality wine psr | German | — | Switzerland |
| Beerenauslese | All | Quality wine psr | German | | |
| Eiswein | All | Quality wine psr | German | | |
| Kabinett | All | Quality wine psr | German | | |
| Spätlese | All | Quality wine psr | German | — | Switzerland |
| Trockenbeerenauslese | All | Quality wine psr | German | | |
| Terms referred to in Article 28 |
| Landwein | All | Table wine with GI | German | | |
| Additional traditional terms referred to in Article 23 |
| Affentaler | Altschweier, Bühl, Eisental, Neusatz/Bühl, Bühlertal, Neuweier/Baden-Baden | Quality wine psr | German | | |
| Badisch Rotgold | Baden | Quality wine psr | German | | |
| Ehrentrudis | Baden | Quality wine psr | German | | |
| Hock | Rhein, Ahr, Hessische Bergstraβe, Mittelrhein, Nahe, Rheinhessen, Pfalz, Rheingau | Table wine with GI Quality wine psr | German | | |
| Klassik or Classic | | Quality wine psr | German | | |
| Liebfrau(en)milch | Nahe, Rheinhessen, Pfalz, Rheingau | Quality wine psr | German | | |
| Riesling-Hochgewächs | All | Quality wine psr | German | | |
| Schillerwein | Württemberg | Quality wine psr | German | | |
| Weißherbst | All | Quality wine psr | German | | |
| Winzersekt | All | Quality sparkling wine psr | German | | |

‘GERMANY

Traditional specific terms referred to in Article 29

Qualitätswein

All

Quality wine psr

German

Qualitätswein mit Prädikat (*1)/Q.b.A. m. Pr./Prädikatswein

All

Quality wine psr

German

Auslese

All

Quality wine psr

German

—

Switzerland

Beerenauslese

All

Quality wine psr

German

Eiswein

All

Quality wine psr

German

Kabinett

All

Quality wine psr

German

Spätlese

All

Quality wine psr

German

—

Switzerland

Trockenbeerenauslese

All

Quality wine psr

German

Terms referred to in Article 28

Landwein

All

Table wine with GI

German

Additional traditional terms referred to in Article 23

Affentaler

Altschweier, Bühl, Eisental, Neusatz/Bühl, Bühlertal, Neuweier/Baden-Baden

Quality wine psr

German

Badisch Rotgold

Baden

Quality wine psr

German

Ehrentrudis

Baden

Quality wine psr

German

Hock

Rhein, Ahr, Hessische Bergstraβe, Mittelrhein, Nahe, Rheinhessen, Pfalz, Rheingau

Table wine with GI Quality wine psr

German

Klassik or Classic

Quality wine psr

German

Liebfrau(en)milch

Nahe, Rheinhessen, Pfalz, Rheingau

Quality wine psr

German

Riesling-Hochgewächs

All

Quality wine psr

German

Schillerwein

Württemberg

Quality wine psr

German

Weißherbst

All

Quality wine psr

German

Winzersekt

All

Quality sparkling wine psr

German

---

(*1)  This traditional specific term can be used for wine bottled before 1 August 2009.’

*1

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/12 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/12

---

COMMISSION REGULATION (EC) No 1472/2007

of 13 December 2007

derogating, for the 2007/08 wine year, from Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,

Whereas:

| (1) | Under Article 27(3) of Regulation (EC) No 1493/1999 any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking. |
| --- | --- |

(1)

Under Article 27(3) of Regulation (EC) No 1493/1999 any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking.

| (2) | Commission Regulation (EC) No 1623/2000 (2) lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions, in particular the possibility of replacing the distillation obligation by withdrawal of the by-products under supervision in the case of small producers who produce less than 80 hl per year. |
| --- | --- |

(2)

Commission Regulation (EC) No 1623/2000 (2) lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions, in particular the possibility of replacing the distillation obligation by withdrawal of the by-products under supervision in the case of small producers who produce less than 80 hl per year.

| (3) | The by-product collection capacity in some Member States is insufficient. To remedy this situation, the Member States should therefore be authorised to exempt other categories of producers from the obligation to distil by-products of winemaking. |
| --- | --- |

(3)

The by-product collection capacity in some Member States is insufficient. To remedy this situation, the Member States should therefore be authorised to exempt other categories of producers from the obligation to distil by-products of winemaking.

| (4) | In order that this exception may be applied to the entire wine year, this Regulation should apply from 1 August 2007. |
| --- | --- |

(4)

In order that this exception may be applied to the entire wine year, this Regulation should apply from 1 August 2007.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

By way of exemption from Article 49(4)(a) of Regulation (EC) No 1623/2000, for the 2007/08 wine year Member States may lay down, for all or part of their territory, that producers who do not exceed a production level of 100 hl obtained by them on their individual premises may fulfil the obligation to deliver by-products for distillation by having those products withdrawn under supervision.

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 1 August 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 923/2007 (OJ L 201, 2.8.2007, p. 9).

2

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/13 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/13

---

COMMISSION REGULATION (EC) No 1473/2007

of 13 December 2007

on a transitional measure relating to the treatment of the by-products of winemaking provided for in Council Regulation (EC) No 1493/1999 for the 2007/08 wine year in Bulgaria

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty of Accession of Bulgaria and Romania,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first paragraph of Article 41 thereof,

Whereas:

| (1) | Under Article 27(3) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking. Since the accession of Bulgaria to the Community on 1 January 2007, that requirement also applies to wine producers in that Member State although the practice is not traditional in Bulgaria. |
| --- | --- |

(1)

Under Article 27(3) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking. Since the accession of Bulgaria to the Community on 1 January 2007, that requirement also applies to wine producers in that Member State although the practice is not traditional in Bulgaria.

| (2) | Commission Regulation (EC) No 1623/2000 (2) lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions. |
| --- | --- |

(2)

Commission Regulation (EC) No 1623/2000 (2) lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions.

| (3) | Despite the measures already established by Bulgaria, the distilleries in that Member State do not have sufficient capacity to distil all by-products. Bulgaria should therefore be authorised to exempt certain categories of producers from the obligation to distil by-products of winemaking. |
| --- | --- |

(3)

Despite the measures already established by Bulgaria, the distilleries in that Member State do not have sufficient capacity to distil all by-products. Bulgaria should therefore be authorised to exempt certain categories of producers from the obligation to distil by-products of winemaking.

| (4) | In order that the exception granted to Bulgaria may be applied to the entire wine year, this Regulation should apply from 1 August 2007. |
| --- | --- |

(4)

In order that the exception granted to Bulgaria may be applied to the entire wine year, this Regulation should apply from 1 August 2007.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

By way of exemption from Article 49(4)(a) of Regulation (EC) No 1623/2000, Bulgaria may lay down that, for the 2007/08 wine year, producers who do not exceed a production level of 7 500 hl obtained by them on their individual premises may fulfil the obligation to deliver by-products for distillation by having those products withdrawn under supervision.

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 1 August 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 923/2007 (OJ L 201, 2.8.2007, p. 9).

2

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/14 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/14

---

COMMISSION REGULATION (EC) No 1474/2007

of 13 December 2007

amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultrymeat (1), and in particular to Article 9 thereof,

Whereas:

| (1) | Annex VIII to Commission Regulation (EEC) No 1538/91 (2) contains the list of national reference laboratories for monitoring the water content in poultrymeat. The French authorities have communicated to the Commission the name and the address of the new National Reference Laboratory for France. |
| --- | --- |

(1)

Annex VIII to Commission Regulation (EEC) No 1538/91 (2) contains the list of national reference laboratories for monitoring the water content in poultrymeat. The French authorities have communicated to the Commission the name and the address of the new National Reference Laboratory for France.

| (2) | Regulation (EEC) No 1538/91 should therefore be amended accordingly. |
| --- | --- |

(2)

Regulation (EEC) No 1538/91 should therefore be amended accordingly.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for poultrymeat and eggs, |
| --- | --- |

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Annex VIII to Regulation (EEC) No 1538/91 the name and address of the National Reference Laboratory for France is replaced by the following:

| ‘France |
| --- |
| SCL — Laboratoire de Lyon |
| 10, avenue des Saules |
| BP 74 |
| FR-69922 Oullins’ |

‘France

SCL — Laboratoire de Lyon

10, avenue des Saules

BP 74

FR-69922 Oullins’

Article 2

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

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation (EC) No 1029/2006 (OJ L 186, 7.7.2006, p. 6).

1

(2)  
  OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regulation (EC) No 2029/2006 (OJ L 414, 30.12.2006, p. 29).

2

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/15 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/15

---

COMMISSION REGULATION (EC) No 1475/2007

of 13 December 2007

opening a Community tariff quota from 2008 for manioc originating from Thailand

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (1), and in particular Article 1(1) thereof,

Whereas:

| (1) | During the World Trade Organisation multilateral trade negotiations, the Community undertook to open a tariff quota restricted to 21 million tonnes of products falling within CN code 0714 10 originating in Thailand per four-year period, with customs duty reduced to 6 %. This quota must be opened and administered by the Commission. |
| --- | --- |

(1)

During the World Trade Organisation multilateral trade negotiations, the Community undertook to open a tariff quota restricted to 21 million tonnes of products falling within CN code 0714 10 originating in Thailand per four-year period, with customs duty reduced to 6 %. This quota must be opened and administered by the Commission.

| (2) | Taking into account the specifications of the product and the market, the use of the first-come first-served management method appears to be appropriate. In the interest of administrative simplification, the quota concerning manioc products under the application of Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2), as regards the imports and export products in the cereal and rice sector, should be managed in conformity with Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (3). The management should be done in accordance with Articles 308a, 308b and 308c (1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4). |
| --- | --- |

(2)

Taking into account the specifications of the product and the market, the use of the first-come first-served management method appears to be appropriate. In the interest of administrative simplification, the quota concerning manioc products under the application of Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2), as regards the imports and export products in the cereal and rice sector, should be managed in conformity with Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (3). The management should be done in accordance with Articles 308a, 308b and 308c (1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4).

| (3) | Article 9 (1) of Regulation (EC) No 1784/2003 provides for a possible exemption from the requirement to submit an import licence for products having no significant appreciable impact on the supply situation of the cereals market. In the last years, the Community imports less than 10 percent of the annual quantity of manioc falling within CN code 0714 10. This involves a limited quantity of very specific products, with no impact on the cereals market. The exemption from the import licence requirement provided for in Article 9(1) of Regulation (EC) No 1784/2003 can therefore be applied. |
| --- | --- |

(3)

Article 9 (1) of Regulation (EC) No 1784/2003 provides for a possible exemption from the requirement to submit an import licence for products having no significant appreciable impact on the supply situation of the cereals market. In the last years, the Community imports less than 10 percent of the annual quantity of manioc falling within CN code 0714 10. This involves a limited quantity of very specific products, with no impact on the cereals market. The exemption from the import licence requirement provided for in Article 9(1) of Regulation (EC) No 1784/2003 can therefore be applied.

| (4) | It is necessary to keep an administration system which ensures that only products originating from Thailand may be imported under the quota. It should be clarified which kind of proof certifying the origin of products has to be provided to benefit from the tariff quotas under the first-come, first served system. This is laid out in Articles 55 to 65 of Commission Regulation (EEC) No 2454/93. |
| --- | --- |

(4)

It is necessary to keep an administration system which ensures that only products originating from Thailand may be imported under the quota. It should be clarified which kind of proof certifying the origin of products has to be provided to benefit from the tariff quotas under the first-come, first served system. This is laid out in Articles 55 to 65 of Commission Regulation (EEC) No 2454/93.

| (5) | Given that equivalent tariff quotas have not been quickly exhausted in the last two years, tariff quotas under this Regulation should be regarded initially as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93 when managed under the first-come first-served system. Therefore, customs authorities should be authorised to waive the requirement for security in respect of goods initially imported under those quotas in accordance with Articles 308c(1) and 248(4) of Regulation (EEC) No 2454/93. Due to the particularities of the transfer from one management system to the other Article 308c(2) and (3) of that Regulation should not apply. |
| --- | --- |

(5)

Given that equivalent tariff quotas have not been quickly exhausted in the last two years, tariff quotas under this Regulation should be regarded initially as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93 when managed under the first-come first-served system. Therefore, customs authorities should be authorised to waive the requirement for security in respect of goods initially imported under those quotas in accordance with Articles 308c(1) and 248(4) of Regulation (EEC) No 2454/93. Due to the particularities of the transfer from one management system to the other Article 308c(2) and (3) of that Regulation should not apply.

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

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation opens a Community tariff quota for manioc originating from Thailand. It shall be managed on a calendar-year basis, from 1 January 2008.

Article 2

The quantity, expressed in net weight, for the import of manioc falling within the CN code 0714 10, as well as the customs duty applicable shall be those laid down in the Annex.

Article 3

The tariff quota set out in the Annex to this Regulation shall be managed by the Community on a first-come, first-served basis in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.

Article 4

Imports of manioc under the tariff quota referred to Article 1 shall not require the submission of an import licence.

Article 5

Release for free circulation within the quota referred to in Article 1 of this Regulation shall be subject to the presentation of a certificate of origin issued by the competent authorities of Thailand in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.

Article 6

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

It shall apply as from 1 January 2008.

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 146, 20.6.1996, p. 1.

1

(2)  
  OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

2

(3)  
  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

3

(4)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

4

---

ANNEX

COMMUNITY TARIFF QUOTAS FOR THAILAND

MANIOC

| CN codes | Rate of duty
  % | Description of products | Tariff quota number (1) | Origin | Annual quantity million tonnes (2)

  (net weight) |
| --- | --- | --- | --- | --- | --- |
| 0714 10 | 6 | Manioc | 09.0708 | Thailand | 5,75 |

CN codes

Rate of duty

%

Description of products

Tariff quota number (1)

Origin

Annual quantity million tonnes (2)

(net weight)

0714 10

6

Manioc

09.0708

Thailand

5,75

---

(1)  Previous tariff quota number 09.4008.

(2)  Tariff quota restricted to 21 million tonnes per four-year-period.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/17 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/17

---

COMMISSION REGULATION (EC) No 1476/2007

of 13 December 2007

opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden and amending Regulations (EC) No 1059/2007 and (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular Articles 40(1)(g) and 40(2)(d) thereof,

Whereas:

| (1) | Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission. Given the continued existence of intervention stocks, it is appropriate to provide for the possibility to sell for industrial use sugar held by the intervention agencies. |
| --- | --- |

(1)

Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission. Given the continued existence of intervention stocks, it is appropriate to provide for the possibility to sell for industrial use sugar held by the intervention agencies.

| (2) | Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot. |
| --- | --- |

(2)

Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot.

| (3) | To take account of the situation on the Community market, provision should be made for the Commission to fix a minimum selling price for each partial invitation to tender. |
| --- | --- |

(3)

To take account of the situation on the Community market, provision should be made for the Commission to fix a minimum selling price for each partial invitation to tender.

| (4) | The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous. |
| --- | --- |

(4)

The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.

| (5) | In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold. |
| --- | --- |

(5)

In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold.

| (6) | The provisions on processor's records, checks and penalties laid down by Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (3) should apply to the quantities awarded under this Regulation. |
| --- | --- |

(6)

The provisions on processor's records, checks and penalties laid down by Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (3) should apply to the quantities awarded under this Regulation.

| (7) | To ensure that the quantities awarded pursuant to this Regulation are used as industrial sugar, financial penalties must be laid down for tenderers at a dissuasive level to avoid any risk of these quantities being used for other purposes. |
| --- | --- |

(7)

To ensure that the quantities awarded pursuant to this Regulation are used as industrial sugar, financial penalties must be laid down for tenderers at a dissuasive level to avoid any risk of these quantities being used for other purposes.

| (8) | The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (4) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation. |
| --- | --- |

(8)

The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (4) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation.

| (9) | The quantities available for a Member State that can be awarded pursuant to this Regulation should take into account the quantities awarded pursuant to Commission Regulation (EC) No 1059/2007 of 14 September 2007 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia, and Sweden (5). |
| --- | --- |

(9)

The quantities available for a Member State that can be awarded pursuant to this Regulation should take into account the quantities awarded pursuant to Commission Regulation (EC) No 1059/2007 of 14 September 2007 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia, and Sweden (5).

| (10) | The quantities awarded under this Regulation should also be taken into account for the quantities that can be awarded under Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden (6). A relevant provision should therefore be inserted in Regulation (EC) No 1060/2007. |
| --- | --- |

(10)

The quantities awarded under this Regulation should also be taken into account for the quantities that can be awarded under Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden (6). A relevant provision should therefore be inserted in Regulation (EC) No 1060/2007.

| (11) | The maximum quantities of intervention sugar held by the Spanish intervention agency according to Annex I to Regulation (EC) No 1059/2007 and Annex I to Regulation (EC) No 1060/2007 did not take into account 18 000 tonnes of sugar accepted into intervention in April 2006. |
| --- | --- |

(11)

The maximum quantities of intervention sugar held by the Spanish intervention agency according to Annex I to Regulation (EC) No 1059/2007 and Annex I to Regulation (EC) No 1060/2007 did not take into account 18 000 tonnes of sugar accepted into intervention in April 2006.

| (12) | Regulations (EC) No 1059/2007 and (EC) No 1060/2007 should therefore be amended accordingly. |
| --- | --- |

(12)

Regulations (EC) No 1059/2007 and (EC) No 1060/2007 should therefore be amended accordingly.

| (13) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(13)

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

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer for sale by standing invitation to tender for industrial use a maximum total quantity of 477 924 tonnes of sugar accepted into intervention and available for sale for industrial use.

The maximum quantities involved per Member State are set out in Annex I.

Article 2

1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 1 January 2008 and shall end on 9 January 2008 at 15.00, Brussels time.

The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time on:

| — | 30 January 2008, |
| --- | --- |

—

30 January 2008,

| — | 13 and 27 February 2008, |
| --- | --- |

—

13 and 27 February 2008,

| — | 12 and 26 March 2008, |
| --- | --- |

—

12 and 26 March 2008,

| — | 9 and 23 April 2008, |
| --- | --- |

—

9 and 23 April 2008,

| — | 7 and 28 May 2008, |
| --- | --- |

—

7 and 28 May 2008,

| — | 11 and 25 June 2008, |
| --- | --- |

—

11 and 25 June 2008,

| — | 9 and 23 July 2008, |
| --- | --- |

—

9 and 23 July 2008,

| — | 6 and 27 August 2008, |
| --- | --- |

—

6 and 27 August 2008,

| — | 10 and 24 September 2008. |
| --- | --- |

—

10 and 24 September 2008.

2.   The minimum quantity of the tender per lot referred to in Article 42(2)(c) of Regulation (EC) No 952/2006 shall be 100 tonnes, unless the available quantity for that lot is less than 100 tonnes. In such cases the available quantity must be tendered.

3.   Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I.

4.   Tenders may be submitted only by processors within the meaning of Article 2(d) of Regulation (EC) No 967/2006.

Article 3

The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).

The tenderers shall not be identified.

Tenders submitted shall be communicated in electronic form according to the model laid down in Annex II.

When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.

Article 4

1.   The Commission shall fix per Member State concerned the minimum selling price for each partial invitation to tender or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.

2.   The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007.

Where an award at a minimum selling price set pursuant to paragraph 1 would result in the available quantity for the Member State concerned being exceeded, that award shall be limited to such quantity as is still available.

Where awards for a Member State to all tenderers offering the same selling price would result in the quantity for that Member State being exceeded, then the quantity available shall be awarded as follows:

| (a) | by division among the tenderers concerned in proportion of the total quantities in each of their tenders; |
| --- | --- |

(a)

by division among the tenderers concerned in proportion of the total quantities in each of their tenders;

| (b) | by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or |
| --- | --- |

(b)

by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or

| (c) | by drawing of lots. |
| --- | --- |

(c)

by drawing of lots.

3.   On the fifth working day at the latest after the Commission fixes the minimum selling price, the intervention agencies involved shall communicate to the Commission, in the form laid down in Annex III, the quantity actually sold by partial invitation to tender.

Article 5

1.   Articles 11, 12 and 13 of Regulation (EC) No 967/2006 shall apply mutatis mutandis to processors in respect of the quantities of sugar awarded under this Regulation.

2.   At the request of the successful tenderer, the competent authority of the Member State which granted him its approval as processor within the meaning of Article 2(d) of Regulation (EC) No 967/2006 may permit a quantity, in white sugar equivalent, of sugar produced under quota to be used for the purposes of production of the products referred to in the Annex to Regulation (EC) No 967/2006 in place of the same quantity, in white sugar equivalent, of intervention sugar awarded. The competent authorities of the Member States concerned shall coordinate checks and monitoring of such an operation.

Article 6

1.   Each successful tenderer shall supply proof, to the satisfaction of the competent authorities of the Member State, that the quantity awarded by a partial invitation to tender has been used for the purposes of production of the products referred to in the Annex to Regulation (EC) No 967/2006 and in accordance with the approval referred to in Article 5 of Regulation (EC) No 967/2006. This proof shall consist of the computerised recording in the records during or at the end of the production process of the quantities of the products concerned.

2.   If processors have not supplied the proof referred to in paragraph 1 by the end of the fifth month following the month of award, they shall pay, for each day of delay, a sum of EUR 5 per tonne of the quantity concerned.

3.   If processors have not supplied the proof referred to in paragraph 1 by the end of the seventh month following the month of award, the quantity concerned shall be considered to be overdeclared for the purposes of applying Article 13 of Regulation (EC) No 967/2006.

Article 7

By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, Regulation (EC) No 1262/2001 shall not apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.

Article 8

In Annex I to Regulation (EC) No 1059/2007, the row concerning Spain is replaced by the following:

| ‘Spain | Fondo Español de Garantia Agraria |
| --- | --- |
| C/Beneficencia, 8 |
| E-28004 Madrid |
| Tel. (34) 91 347 64 66 |
| Fax (34) 91 347 63 97 |

‘Spain

Fondo Español de Garantia Agraria

C/Beneficencia, 8

E-28004 Madrid

Tel. (34) 91 347 64 66

Fax (34) 91 347 63 97

42 084 ’

Article 9

Regulation (EC) No 1060/2007 is amended as follows:

| (a) | In Article 4(2), the first subparagraph is replaced by the following:
  ‘The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007 and Regulation (EC) No 1476/2007.’ |
| --- | --- |

(a)

In Article 4(2), the first subparagraph is replaced by the following:

‘The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007 and Regulation (EC) No 1476/2007.’

| (b) | In Annex I the row concerning Spain is replaced by the following:







  ‘Spain | Fondo Español de Garantia Agraria |
| --- | --- | --- |
| C/Beneficencia, 8 |
| E-28004 Madrid |
| Tel. (34) 91 347 64 66 |
| Fax (34) 91 347 63 97 |

(b)

In Annex I the row concerning Spain is replaced by the following:

‘Spain

Fondo Español de Garantia Agraria

C/Beneficencia, 8

E-28004 Madrid

Tel. (34) 91 347 64 66

Fax (34) 91 347 63 97

42 084 ’

Article 10

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

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

Done at Brussels, 13 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

1

(2)  
  OJ L 178, 1.7.2006, p. 39. Regulation as amended by Regulation (EC) No 551/2007 (OJ L 131, 23.5.2007, p. 7).

2

(3)  
  OJ L 176, 30.6.2006, p. 22. Regulation as amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

3

(4)  
  OJ L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC) No 952/2006.

4

(5)  
  OJ L 242, 15.9.2007, p. 3.

5

(6)  
  OJ L 242, 15.9.2007, p. 8.

6

---

ANNEX I

Member States holding intervention sugar

| Member State | Intervention agency | Maximum quantities held by the intervention agency
  (in tonnes) |
| --- | --- | --- |
| Belgium | Bureau d’intervention et de restitution belge/Belgisch Interventie- en Restitutiebureau (BIRB) |
| Rue de Trèves, 82/Trierstraat 82 |
| B-1040 Bruxelles/B-1040 Brussel |
| Tél. (32-2) 287 24 11 |
| Fax (32-2) 287 25 24 |

Member State

Intervention agency

Maximum quantities held by the intervention agency

(in tonnes)

Belgium

Bureau d’intervention et de restitution belge/Belgisch Interventie- en Restitutiebureau (BIRB)

Rue de Trèves, 82/Trierstraat 82

B-1040 Bruxelles/B-1040 Brussel

Tél. (32-2) 287 24 11

Fax (32-2) 287 25 24

10 648

Czech Republic

| Státní zemědělský intervenční fond |
| --- |
| Oddělení pro cukr a škrob |
| Ve Smečkách 33 |
| CZ-11000 PRAHA 1 |
| Tel.: (420) 222 871 427 |
| Fax: (420) 222 871 875 |

Státní zemědělský intervenční fond

Oddělení pro cukr a škrob

Ve Smečkách 33

CZ-11000 PRAHA 1

Tel.: (420) 222 871 427

Fax: (420) 222 871 875

30 687

Ireland

| Intervention Section |
| --- |
| On Farm Investment |
| Subsidies & storage Division |
| Department of Agriculture & Food |
| Johnstown Castle Estate |
| Wexford |
| Tel. (353-53) 63437 |
| Fax (353-91) 42843 |

Intervention Section

On Farm Investment

Subsidies & storage Division

Department of Agriculture & Food

Johnstown Castle Estate

Wexford

Tel. (353-53) 63437

Fax (353-91) 42843

12 000

Spain

| Fondo Español de Garantia Agraria |
| --- |
| C/Beneficencia, 8 |
| E-28004 Madrid |
| Tel. (34) 913 47 64 66 |
| Fax (34) 913 47 63 97 |

Fondo Español de Garantia Agraria

C/Beneficencia, 8

E-28004 Madrid

Tel. (34) 913 47 64 66

Fax (34) 913 47 63 97

9 873

Italy

| AGEA — Agenzia per le erogazioni in Agricoltura |
| --- |
| Ufficio ammassi pubblici e privati e alcool |
| Via Torino, 45 |
| 00185 Roma |
| Tel. (39-06) 49 49 95 58 |
| Fax (39-06) 49 49 97 61 |

AGEA — Agenzia per le erogazioni in Agricoltura

Ufficio ammassi pubblici e privati e alcool

Via Torino, 45

00185 Roma

Tel. (39-06) 49 49 95 58

Fax (39-06) 49 49 97 61

282 916

Hungary

| Mezőgazdasági és Vidékfejlesztési Hivatal (MVH) |
| --- |
| (Agricultural and Rural Development Agency) |
| Soroksári út 22–24. |
| HU-1095 Budapest |
| Tel.: (36-1) 219 45 76 |
| Fax: (36-1) 219 89 05 or (36-1) 219 62 59 |

Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)

(Agricultural and Rural Development Agency)

Soroksári út 22–24.

HU-1095 Budapest

Tel.: (36-1) 219 45 76

Fax: (36-1) 219 89 05 or (36-1) 219 62 59

41 443

Slovakia

| Pôdohospodárska platobná agentúra |
| --- |
| Oddelenie cukru a ostatných komodít |
| Dobrovičova 12 |
| SK – 815 26 Bratislava |
| Tel.: (421-4) 58 24 32 55 |
| Fax: (421-2) 53 41 26 65 |

Pôdohospodárska platobná agentúra

Oddelenie cukru a ostatných komodít

Dobrovičova 12

SK – 815 26 Bratislava

Tel.: (421-4) 58 24 32 55

Fax: (421-2) 53 41 26 65

34 000

Sweden

| Statens jordbruksverk |
| --- |
| Vallgatan 8 |
| S-551 82 Jönköping |
| Tfn (46-36) 15 50 00 |
| Fax (46-36) 19 05 46 |

Statens jordbruksverk

Vallgatan 8

S-551 82 Jönköping

Tfn (46-36) 15 50 00

Fax (46-36) 19 05 46

56 357

---

ANNEX II

Model for the communication to the Commission as referred to in Article 3

Form (*1)

Standing invitation to tender for the resale of sugar held by the intervention agencies

Regulation (EC) No 1476/2007

| 1 | 2 | 3 | 4 | 5 |
| --- | --- | --- | --- | --- |
| Member State selling intervention sugar | Numbering of tenderers | Lot No | Quantity
  (t) | Tender price
  EUR/100 kg |
| | 1 | | | |
| | 2 | | | |
| | 3 | | | |
| | etc. | | | |

1

2

3

4

5

Member State selling intervention sugar

Numbering of tenderers

Lot No

Quantity

(t)

Tender price

EUR/100 kg

1

2

3

etc.

---

(*1)  To be faxed to the following number: (32-2) 292 10 34.

---

ANNEX III

Model for the notification to the Commission as referred to in Article 4(3)

Form (*1)

Partial invitation to tender of ... for the resale of sugar held by the intervention Agencies

Regulation (EC) No 1476/2007

| 1 | 2 |
| --- | --- |
| Member State selling intervention sugar | Quantity actually sold (in tonnes) |
| | |

1

2

Member State selling intervention sugar

Quantity actually sold (in tonnes)

---

(*1)  To be faxed to the following number: (32-2) 292 10 34.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/22 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/22

---

COMMISSION REGULATION (EC) No 1477/2007

of 13 December 2007

amending Regulation (EC) No 622/2003 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 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 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) | The measures provided for by Regulation (EC) No 622/2003 on restricting liquids carried by passengers arriving on flights from third countries and transferring at Community airports are subject to review in the light of technical developments, operational implications at airports and the impact on passengers. |
| --- | --- |

(2)

The measures provided for by Regulation (EC) No 622/2003 on restricting liquids carried by passengers arriving on flights from third countries and transferring at Community airports are subject to review in the light of technical developments, operational implications at airports and the impact on passengers.

| (3) | Such a review has shown that the restrictions on liquids carried by passengers arriving on flights from third countries and transferring at Community airports create certain operational difficulties at these airports and cause inconvenience to the passengers concerned. |
| --- | --- |

(3)

Such a review has shown that the restrictions on liquids carried by passengers arriving on flights from third countries and transferring at Community airports create certain operational difficulties at these airports and cause inconvenience to the passengers concerned.

| (4) | In particular, the Commission has verified certain security standards at an airport in a third country and found them satisfactory, and that country has a good record of cooperation with the Community and its Member States. On that basis the Commission has decided to take steps to alleviate the problems identified above, in the case of passengers carrying liquids obtained at that airport. |
| --- | --- |

(4)

In particular, the Commission has verified certain security standards at an airport in a third country and found them satisfactory, and that country has a good record of cooperation with the Community and its Member States. On that basis the Commission has decided to take steps to alleviate the problems identified above, in the case of passengers carrying liquids obtained at that airport.

| (5) | Regulation (EC) No 622/2003 should be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 622/2003 should be amended accordingly.

| (6) | The measures contained in the present Regulation are not included among those which, according to Article 8(1) of Regulation (EC) No 2320/2002, shall be secret and not published. |
| --- | --- |

(6)

The measures contained in the present Regulation are not included among those which, according to Article 8(1) of Regulation (EC) No 2320/2002, shall be secret and not published.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security, |
| --- | --- |

(7)

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

The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.

Article 3 of that Regulation shall not apply as regards the confidential nature of this Annex.

Article 2

This Regulation shall enter into force on the 20th 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 December 2007.

For the Commission

Jacques BARROT

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).

1

(2)  
  OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 915/2007 (OJ L 200, 1.8.2007, p. 3).

2

---

ANNEX

Attachment 3 shall be replaced by the following text:

‘Attachment 3

Republic of Singapore

Changi airport’.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/24 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/24

---

COMMISSION REGULATION (EC) No 1478/2007

of 13 December 2007

fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,

Whereas:

| (1) | Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund.

| (2) | Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999. |
| --- | --- |

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.

| (3) | In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month. |
| --- | --- |

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

| (4) | However, in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met. |
| --- | --- |

(4)

However, in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

| (5) | Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products. |
| --- | --- |

(5)

Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products.

| (6) | Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions. |
| --- | --- |

(6)

Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

| (7) | Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods. |
| --- | --- |

(7)

Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1 of Regulation (EC) No 1255/1999, and exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999, shall be fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 14 December 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Heinz ZOUREK

Director-General Enterprise and Industry

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Council Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).

1

(2)  
  OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regulation (EC) No 447/2007 (OJ L 106, 24.4.2007, p. 31).

2

(3)  
  OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 96/2007 (OJ L 25, 1.2.2007, p. 6).

3

---

ANNEX

Rates of the refunds applicable from 14 December 2007 to certain milk products exported in the form of goods not covered by Annex I to the Treaty (1)

| (EUR/100 kg) |
| --- |
| CN code | Description | Rate of refund |
| In case of advance fixing of refunds | Other |
| ex 0402 10 19 | Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2): | | |
| (a) | on exportation of goods of CN code 3501 |

(EUR/100 kg)

CN code

Description

Rate of refund

In case of advance fixing of refunds

Other

ex 0402 10 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2):

(a)

on exportation of goods of CN code 3501

—

—

| (b) | on exportation of other goods |
| --- | --- |

(b)

on exportation of other goods

0,00

0,00

ex 0402 21 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content of 26 % by weight (PG 3):

| (a) | where goods incorporating, in the form of products assimilated to PG 3, reduced-price butter or cream obtained pursuant to Regulation (EC) No 1898/2005 are exported |
| --- | --- |

(a)

where goods incorporating, in the form of products assimilated to PG 3, reduced-price butter or cream obtained pursuant to Regulation (EC) No 1898/2005 are exported

0,00

0,00

| (b) | on exportation of other goods |
| --- | --- |

(b)

on exportation of other goods

0,00

0,00

ex 0405 10

Butter, with a fat content by weight of 82 % (PG 6):

| (a) | where goods containing reduced-price butter or cream which have been manufactured in accordance with the conditions provided for in Regulation (EC) No 1898/2005 are exported |
| --- | --- |

(a)

where goods containing reduced-price butter or cream which have been manufactured in accordance with the conditions provided for in Regulation (EC) No 1898/2005 are exported

0,00

0,00

| (b) | on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat |
| --- | --- |

(b)

on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat

0,00

0,00

| (c) | on exportation of other goods |
| --- | --- |

(c)

on exportation of other goods

0,00

0,00

---

(1)  The rates set out in this Annex are not applicable to exports to

| (a) | third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation. |
| --- | --- |

(a)

third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation.

| (b) | territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control. |
| --- | --- |

(b)

territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar. |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/27 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/27

---

COMMISSION REGULATION (EC) No 1479/2007

of 13 December 2007

fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 8(3) thereof,

Whereas:

| (1) | Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in the Annex to that Regulation. |
| --- | --- |

(1)

Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in the Annex to that Regulation.

| (2) | Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75. |
| --- | --- |

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75.

| (3) | In accordance with the second paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed. |
| --- | --- |

(3)

In accordance with the second paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

| (4) | Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing. |
| --- | --- |

(4)

Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) of Regulation (EEC) No 2771/75, and exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75, shall be fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 14 December 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Heinz ZOUREK

Director-General Enterprise and Industry

---

(1)  
  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

1

(2)  
  OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regulation (EC) No 447/2007 (OJ L 106, 24.4.2007, p. 31).

2

---

ANNEX

Rates of the refunds applicable from 14 December 2007 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

| (EUR/100 kg) |
| --- |
| CN code | Description | Destination (1) | Rate of refund |
| 0407 00 | Birds' eggs, in shell, fresh, preserved or cooked: | | |
| – Of poultry: | | |
| 0407 00 30 | – – Other: | | |
| (a) | On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90 |

(EUR/100 kg)

CN code

Description

Destination (1)

Rate of refund

0407 00

Birds' eggs, in shell, fresh, preserved or cooked:

– Of poultry:

0407 00 30

– – Other:

(a)

On exportation of ovalbumin of CN codes 3502 11 90 and 3502 19 90

02

0,00

03

20,00

04

0,00

| (b) | On exportation of other goods |
| --- | --- |

(b)

On exportation of other goods

01

0,00

0408

Birds' eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

– Egg yolks:

0408 11

– – Dried:

ex 0408 11 80

– – – Suitable for human consumption:

not sweetened

01

50,00

0408 19

– – Other:

– – – Suitable for human consumption:

ex 0408 19 81

– – – – Liquid:

not sweetened

01

25,00

ex 0408 19 89

– – – – Frozen:

not sweetened

01

25,00

– Other:

0408 91

– – Dried:

ex 0408 91 80

– – – Suitable for human consumption:

not sweetened

01

63,00

0408 99

– – Other:

ex 0408 99 80

– – – Suitable for human consumption:

not sweetened

01

16,00

---

(1)  The destinations are as follows:

| 01 | Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972, |
| --- | --- |
| 02 | Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia, |
| 03 | South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines, |
| 04 | all destinations except Switzerland and those of 02 and 03. |

01

Third countries. For Switzerland and Liechtenstein these rates are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972,

02

Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia,

03

South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines,

04

all destinations except Switzerland and those of 02 and 03.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/29 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/29

---

COMMISSION REGULATION (EC) No 1480/2007

of 13 December 2007

fixing the export refunds on eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular the third subparagraph of Article 8(3) thereof,

Whereas:

| (1) | Article 8 of Regulation (EEC) No 2771/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 8 of Regulation (EEC) No 2771/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the market in eggs, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 8 of Regulation (EEC) No 2771/75. |
| --- | --- |

(2)

Given the present situation on the market in eggs, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 8 of Regulation (EEC) No 2771/75.

| (3) | Article 8(3), second subparagraph of Regulation (EEC) No 2771/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination. |
| --- | --- |

(3)

Article 8(3), second subparagraph of Regulation (EEC) No 2771/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

| (4) | Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3) as well as marking requirements of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (4). |
| --- | --- |

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3) as well as marking requirements of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (4).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export refunds as provided for in Article 8 of Regulation (EEC) No 2771/75 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2.   The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004, notably preparation in an approved establishment and compliance with the marking requirements laid down in Annex II, Section I to Regulation (EC) No 853/2004 and those laid down in Regulation (EEC) No 1907/90.

Article 2

This Regulation shall enter into force on 14 December 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1). Regulation (EEC) No 2771/75 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  
  OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226, 25.6.2004, p. 3.

2

(3)  
  OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

3

(4)  
  OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation (EC) No 1582/2006 (OJ L 294, 25.10.2006, p. 1).

4

---

ANNEX

Export refunds on eggs applicable from 14 December 2007

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 0407 00 11 9000 | A02 | EUR/100 pcs | 1,98 |
| 0407 00 19 9000 | A02 | EUR/100 pcs | 0,99 |
| 0407 00 30 9000 | E09 | EUR/100 kg | 0,00 |
| E10 | EUR/100 kg | 20,00 |
| E19 | EUR/100 kg | 0,00 |
| 0408 11 80 9100 | A03 | EUR/100 kg | 50,00 |
| 0408 19 81 9100 | A03 | EUR/100 kg | 25,00 |
| 0408 19 89 9100 | A03 | EUR/100 kg | 25,00 |
| 0408 91 80 9100 | A03 | EUR/100 kg | 63,00 |
| 0408 99 80 9100 | A03 | EUR/100 kg | 16,00 |
| NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.
  The other destinations are defined as follows:






  E09 | Kuwait, Bahrain, Oman, Qatar, the United Arab Emirates, Yemen, Hong Kong SAR, Russia and Turkey. |
| E10 | South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines. |
| E19 | all destinations except Switzerland and those of E09 and E10 . |

Product code

Destination

Unit of measurement

Amount of refund

0407 00 11 9000

A02

EUR/100 pcs

1,98

0407 00 19 9000

A02

EUR/100 pcs

0,99

0407 00 30 9000

E09

EUR/100 kg

0,00

E10

EUR/100 kg

20,00

E19

EUR/100 kg

0,00

0408 11 80 9100

A03

EUR/100 kg

50,00

0408 19 81 9100

A03

EUR/100 kg

25,00

0408 19 89 9100

A03

EUR/100 kg

25,00

0408 91 80 9100

A03

EUR/100 kg

63,00

0408 99 80 9100

A03

EUR/100 kg

16,00

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

The other destinations are defined as follows:

E09

Kuwait, Bahrain, Oman, Qatar, the United Arab Emirates, Yemen, Hong Kong SAR, Russia and Turkey.

E10

South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines.

E19

all destinations except Switzerland and those of E09 and E10 .

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/31 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/31

---

COMMISSION REGULATION (EC) No 1481/2007

of 13 December 2007

fixing the export refunds on poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular the third subparagraph of Article 8(3) thereof,

Whereas:

| (1) | Article 8(1) of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 8(1) of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the market in poultrymeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 8 of Regulation (EEC) No 2777/75. |
| --- | --- |

(2)

Given the present situation on the market in poultrymeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 8 of Regulation (EEC) No 2777/75.

| (3) | Article 8(3), second subparagraph of Regulation (EEC) No 2777/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination. |
| --- | --- |

(3)

Article 8(3), second subparagraph of Regulation (EEC) No 2777/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

| (4) | Refunds should be granted only on products that are allowed to move freely in the Community and that bear the identification mark as provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3). |
| --- | --- |

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that bear the identification mark as provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export refunds as provided for in Article 8 of Regulation (EEC) No 2777/75 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.

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

Article 2

This Regulation shall enter into force on 14 December 2007.

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

Done at Brussels, 13 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1). Regulation (EEC) No 2777/75 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  
  OJ L 139, 30.4.2004, p. 55. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

2

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

3

---

ANNEX

Export refunds on poultrymeat applicable from 14 December 2007

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 0105 11 11 9000 | A02 | EUR/100 pcs | 1,2 |
| 0105 11 19 9000 | A02 | EUR/100 pcs | 1,2 |
| 0105 11 91 9000 | A02 | EUR/100 pcs | 1,2 |
| 0105 11 99 9000 | A02 | EUR/100 pcs | 1,2 |
| 0105 12 00 9000 | A02 | EUR/100 pcs | 2,4 |
| 0105 19 20 9000 | A02 | EUR/100 pcs | 2,4 |
| 0207 12 10 9900 | V03 | EUR/100 kg | 52,0 |
| 0207 12 90 9190 | V03 | EUR/100 kg | 52,0 |
| 0207 12 90 9990 | V03 | EUR/100 kg | 52,0 |
| NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.
  The other destinations are defined as follows:






  V03 | A24 , Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran. |

Product code

Destination

Unit of measurement

Amount of refund

0105 11 11 9000

A02

EUR/100 pcs

1,2

0105 11 19 9000

A02

EUR/100 pcs

1,2

0105 11 91 9000

A02

EUR/100 pcs

1,2

0105 11 99 9000

A02

EUR/100 pcs

1,2

0105 12 00 9000

A02

EUR/100 pcs

2,4

0105 19 20 9000

A02

EUR/100 pcs

2,4

0207 12 10 9900

V03

EUR/100 kg

52,0

0207 12 90 9190

V03

EUR/100 kg

52,0

0207 12 90 9990

V03

EUR/100 kg

52,0

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

The other destinations are defined as follows:

V03

A24 , Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran.

---

DIRECTIVES

| 14.12.2007 | EN | Official Journal of the European Union | L 329/33 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/33

---

COMMISSION DIRECTIVE 2007/71/EC

of 13 December 2007

amending Annex II of Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2000/59/EC of the European Parliament and the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (1), and in particular Article 15 thereof,

Whereas:

| (1) | Annex IV to Marpol 73/78 on the prevention of pollution by sewage from ships entered into force on 27 September 2003 and its revised version entered into force on 1 August 2005. |
| --- | --- |

(1)

Annex IV to Marpol 73/78 on the prevention of pollution by sewage from ships entered into force on 27 September 2003 and its revised version entered into force on 1 August 2005.

| (2) | Article 16 of Directive 2000/59/EC provides that the implementation of the Directive as regards sewage will be suspended for 12 months after the entry into force of Annex IV to Marpol. |
| --- | --- |

(2)

Article 16 of Directive 2000/59/EC provides that the implementation of the Directive as regards sewage will be suspended for 12 months after the entry into force of Annex IV to Marpol.

| (3) | The master of a ship bound for a port located in the Community has an obligation under Article 6 of Directive 2000/59/EC to complete the form in Annex II of the Directive and notify the information to the authority or body designated for this purpose by the Member States in which the port is located. |
| --- | --- |

(3)

The master of a ship bound for a port located in the Community has an obligation under Article 6 of Directive 2000/59/EC to complete the form in Annex II of the Directive and notify the information to the authority or body designated for this purpose by the Member States in which the port is located.

| (4) | Annex II does not refer to sewage and therefore should be amended to include sewage as an additional type of waste to be notified before entry into the port. The provisions of the Directive as regards sewage should be seen in connection with Marpol Annex IV Regulations which provide, under specific conditions, for the possibility to discharge sewage at sea. This should apply without prejudice to more stringent delivery requirements for ships adopted in accordance with international law. |
| --- | --- |

(4)

Annex II does not refer to sewage and therefore should be amended to include sewage as an additional type of waste to be notified before entry into the port. The provisions of the Directive as regards sewage should be seen in connection with Marpol Annex IV Regulations which provide, under specific conditions, for the possibility to discharge sewage at sea. This should apply without prejudice to more stringent delivery requirements for ships adopted in accordance with international law.

| (5) | The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships set up by Regulation (EC) No 2099/2002 of the European Parliament and the Council (2), |
| --- | --- |

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships set up by Regulation (EC) No 2099/2002 of the European Parliament and the Council (2),

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex II of Directive 2000/59/EC is replaced by the text in the Annex to this Directive.

Article 2

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 June 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 332, 28.12.2000, p. 81. Directive as amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).

1

(2)  
  OJ L 324, 29.11.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 93/2007 (OJ L 22, 31.1.2007, p. 12).

2

---

ANNEX

INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF

(Port of destination as referred to in Article 6 of Directive 2000/59/EC)

1.   Name, call sign and, where appropriate, IMO identification number of the ship:

2.   Flag State:

3.   Estimated time of arrival (ETA):

4.   Estimated time of departure (ETD):

5.   Previous port call:

6.   Next port of call:

7.   Last port and date when ship-generated waste was delivered:

8.   Are you delivering (tick appropriate box):

| all  | some  | none  |
| --- | --- | --- |

all 

some 

none 

of your waste into a port reception facilities?

9.   Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity:

If delivering all waste, complete second column as appropriate.

If delivering some or no waste, complete all columns.

| Type | Waste to be delivered
  m3 | Maximum dedicated storage capacity
  m3 | Amount of waste retained on board
  m3 | Port at which remaining waste will be delivered | Estimated amount of waste to be generated between notification and next port of call
  m3 |
| --- | --- | --- | --- | --- | --- |
| Waste oils |
| Sludge | | | | | |
| Bilge water | | | | | |
| Others (specify) | | | | | |
| Garbage |
| Food waste | | | | | |
| Plastic | | | | | |
| Other | | | | | |
| Sewage
   (1) | | | | | |
| Cargo-associated waste
   (2) (specify) | | | | | |
| Cargo residues
   (2) (specify) | | | | | |

Type

Waste to be delivered

m3

Maximum dedicated storage capacity

m3

Amount of waste retained on board

m3

Port at which remaining waste will be delivered

Estimated amount of waste to be generated between notification and next port of call

m3

Waste oils

Sludge

Bilge water

Others (specify)

Garbage

Food waste

Plastic

Other

Sewage
   (1)

Cargo-associated waste
   (2) (specify)

Cargo residues
   (2) (specify)

Notes

| 1. | This information may be used for port State control and other inspection purposes. |
| --- | --- |

1.

| 2. | Member States will determine which bodies will receive copies of this notification. |
| --- | --- |

2.

| 3. | This form is to be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive 2000/59/EC. |
| --- | --- |

3.

I confirm that:

| — | the above details are accurate and correct, and |
| --- | --- |

—

the above details are accurate and correct, and

| — | there is sufficient dedicated onboard capacity to store all waste generated between notification and the next port at which waste will be delivered. |
| --- | --- |

—

there is sufficient dedicated onboard capacity to store all waste generated between notification and the next port at which waste will be delivered.

Date ...

Time ...

Signature ...

---

(1)  Sewage may be discharged at sea in accordance with Regulation 11 of Annex IV of Marpol 73/78. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea.

(2)  May be estimates.

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/37 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/37

---

COMMISSION DIRECTIVE 2007/72/EC

of 13 December 2007

amending Council Directive 66/401/EEC as regards the inclusion of the species Galega orientalis Lam.

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 2(1a) thereof,

Whereas

| (1) | Galega orientalis Lam. is a fodder plant largely grown in certain Member States and plays a significant role in improving the quality of feed for farm animals. |
| --- | --- |

(1)

Galega orientalis Lam. is a fodder plant largely grown in certain Member States and plays a significant role in improving the quality of feed for farm animals.

| (2) | That species is currently not covered by uniform rules on seed certification under Directive 66/401/EEC and therefore the relevant seed cannot benefit from free circulation. |
| --- | --- |

(2)

That species is currently not covered by uniform rules on seed certification under Directive 66/401/EEC and therefore the relevant seed cannot benefit from free circulation.

| (3) | Since it meets all relevant conditions for certification, the species Galega orientalis Lam. should therefore be included in the list in Directive 66/401/EEC. |
| --- | --- |

(3)

Since it meets all relevant conditions for certification, the species Galega orientalis Lam. should therefore be included in the list in Directive 66/401/EEC.

| (4) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(4)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 66/401/EEC is amended as follows:

| 1. | in Article 2(1)(A)(b), the following entry is inserted between the heading ‘Leguminosae’ and ‘Hedysarum coronarium L. Sulla’:

  ‘
  Galega orientalis Lam. fodder galega’; |
| --- | --- |

1.

in Article 2(1)(A)(b), the following entry is inserted between the heading ‘Leguminosae’ and ‘Hedysarum coronarium L. Sulla’:

‘
  Galega orientalis Lam. fodder galega’;

| 2. | in Article 3(1), the following entry is inserted between ‘Festuca rubra L. x Festulolium’ and ‘Lolium multiflorum Lam.’:

  ‘
  Galega orientalis Lam. fodder galega’; |
| --- | --- |

2.

in Article 3(1), the following entry is inserted between ‘Festuca rubra L. x Festulolium’ and ‘Lolium multiflorum Lam.’:

‘
  Galega orientalis Lam. fodder galega’;

| 3. | Annexes II and III are amended as set out in the Annex to this Directive. |
| --- | --- |

3.

Annexes II and III are amended as set out in the Annex to this Directive.

Article 2

Transposition

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2008 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

1

---

ANNEX

1.

| (a) | in the table in point 2.A of Section I ‘CERTIFIED SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:



















  Species | Germination | Analytical purity | Maximum content of seeds of other plant species in a sample of the weight specified in column 4 of Annex III
  (total per column) | Conditions as regards content of lupin seeds of another colour and of bitter lupin seeds |
| --- | --- | --- | --- | --- | --- |
| Minimum germination
  (% of pure seed) | Maximum content of hard seed
  (% of pure seed) | Minimum analytical purity
  (% by weight) | Maximum content of seeds of other plant species
  (% by weight) |
| Total | A single species | Agropyron repens | Alopecurus myosuroides | Melilotus spp. | Raphanus raphanistrum | Sinapis arvensis | Avena fatua, Avena ludoviciana, Avena sterilis | Cuscuta spp. | Rumex spp. other than Rumex acetosella and Rumex maritimus |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| ‘Galega orientalis Lam. | 60 | 40 | 97 | 2,0 | 1,5 | | | 0,3 | 0 | 0 | 0 | 0 (l) (m) | 10 (e)’ | |

(a)

in the table in point 2.A of Section I ‘CERTIFIED SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:

Species

Germination

Analytical purity

Maximum content of seeds of other plant species in a sample of the weight specified in column 4 of Annex III

(total per column)

Conditions as regards content of lupin seeds of another colour and of bitter lupin seeds

Minimum germination

(% of pure seed)

Maximum content of hard seed

(% of pure seed)

Minimum analytical purity

(% by weight)

Maximum content of seeds of other plant species

(% by weight)

Total

A single species

Agropyron repens

Alopecurus myosuroides

Melilotus spp.

Raphanus raphanistrum

Sinapis arvensis

Avena fatua, Avena ludoviciana, Avena sterilis

Cuscuta spp.

Rumex spp. other than Rumex acetosella and Rumex maritimus

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

‘Galega orientalis Lam.

60

40

97

2,0

1,5

0,3

0

0

0

0 (l) (m)

10 (e)’

| (b) | in the table in point 2.A of Section II ‘BASIC SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:












  Species | Maximum content of seeds of other plant species | Other standards or conditions |
| --- | --- | --- | --- |
| Total
  (% by weight) | Content by number in a sample of the weight specified in column 4 of Annex III
  (total per column) |
| A single species | Rumex spp. other than Rumex acetosella and Rumex maritimus | Agropyron repens | Alopecurus myosuroides | Melilotus spp. | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| ‘Galega orientalis Lam. | 0,3 | 20 | 2 | | | (e) | (j)’ |

(b)

in the table in point 2.A of Section II ‘BASIC SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:

Species

Maximum content of seeds of other plant species

Other standards or conditions

Total

(% by weight)

Content by number in a sample of the weight specified in column 4 of Annex III

(total per column)

A single species

Rumex spp. other than Rumex acetosella and Rumex maritimus

Agropyron repens

Alopecurus myosuroides

Melilotus spp.

1

2

3

4

5

6

7

8

‘Galega orientalis Lam.

0,3

20

2

(e)

(j)’

2.

| Species | Maximum weight of a lot
  (tonnes) | Minimum weight of a sample to be drawn from a lot
  (grams) | Weight of the sample for the determinations by number provided for in columns 12 to 14 of Annex II (I) (2) (A) and columns 3 to 7 of Annex II (II) (2) (A)
  (grams) |
| --- | --- | --- | --- |
| 1 | 2 | 3 | 4 |
| ‘Galega orientalis Lam. | 10 | 250 | 200 ’ |

Species

Maximum weight of a lot

(tonnes)

Minimum weight of a sample to be drawn from a lot

(grams)

Weight of the sample for the determinations by number provided for in columns 12 to 14 of Annex II (I) (2) (A) and columns 3 to 7 of Annex II (II) (2) (A)

(grams)

1

2

3

4

‘Galega orientalis Lam.

10

250

200 ’

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/40 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/40

---

COMMISSION DIRECTIVE 2007/73/EC

of 13 December 2007

amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, atrazine, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,

Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 7 thereof,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), and in particular Article 4(1)(f) thereof,

Whereas:

| (1) | In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops. |
| --- | --- |

(1)

In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.

| (2) | Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake. |
| --- | --- |

(2)

Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.

| (3) | For atrazine temporary MRLs have been set in Directive 86/362/EEC by Commission Directive 2007/7/EC (4), pending submission of data by the applicant. Upon further examination, it appeared that more time should be allowed for the generation of residue trials data. It is therefore appropriate to prolong the validity of temporary MRLs for atrazine. |
| --- | --- |

(3)

For atrazine temporary MRLs have been set in Directive 86/362/EEC by Commission Directive 2007/7/EC (4), pending submission of data by the applicant. Upon further examination, it appeared that more time should be allowed for the generation of residue trials data. It is therefore appropriate to prolong the validity of temporary MRLs for atrazine.

| (4) | MRLs for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which should lead to changes in the residue levels of acetamiprid, deltamethrin, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin. |
| --- | --- |

(4)

MRLs for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which should lead to changes in the residue levels of acetamiprid, deltamethrin, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin.

| (5) | For imazalil a Member State informed the Commission of its desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission. |
| --- | --- |

(5)

For imazalil a Member State informed the Commission of its desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.

| (6) | The lifetime exposure of consumers to the pesticides referred to in this Directive via food products that may contain residues of those pesticides has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (5). Based on those assessments and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded. |
| --- | --- |

(6)

The lifetime exposure of consumers to the pesticides referred to in this Directive via food products that may contain residues of those pesticides has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (5). Based on those assessments and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.

| (7) | An acute reference dose (ARfD) has been set for acetamiprid, deltamethrin, imazalil, indoxacarb, pymetrozine, pyraclostrobin and thiacloprid. The acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants (SCP), in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (6), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed. |
| --- | --- |

(7)

An acute reference dose (ARfD) has been set for acetamiprid, deltamethrin, imazalil, indoxacarb, pymetrozine, pyraclostrobin and thiacloprid. The acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants (SCP), in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (6), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.

| (8) | Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination. |
| --- | --- |

(8)

Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.

| (9) | The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for acetamiprid, indoxacarb, pyraclostrobin, thiacloprid and trifloxystrobin in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRLs should then become definitive. |
| --- | --- |

(9)

The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for acetamiprid, indoxacarb, pyraclostrobin, thiacloprid and trifloxystrobin in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRLs should then become definitive.

| (10) | It is therefore necessary to modify the MRLs set in Directives 86/362/EEC and 90/642/EEC, to allow proper surveillance and control of the uses of the plant protection products concerned and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not yet been defined, it is appropriate to set them for the first time. |
| --- | --- |

(10)

It is therefore necessary to modify the MRLs set in Directives 86/362/EEC and 90/642/EEC, to allow proper surveillance and control of the uses of the plant protection products concerned and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not yet been defined, it is appropriate to set them for the first time.

| (11) | Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account. |
| --- | --- |

(11)

Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.

| (12) | Directives 86/362/EEC and 90/642/EEC should therefore be amended accordingly. |
| --- | --- |

(12)

Directives 86/362/EEC and 90/642/EEC should therefore be amended accordingly.

| (13) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(13)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 86/362/EEC is amended in accordance with Annex I to this Directive.

Article 2

Directive 90/642/EEC is amended in accordance with Annex II to this Directive.

Article 3

Member States shall adopt and publish, by 14 June 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive, except for deltamethrin and atrazine, for which they shall adopt and publish these by 18 December 2007 and for imazalil, for which they shall adopt and publish these by 14 September 2008. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 15 June 2008, except for deltamethrin and atrazine for which they shall be applied from 19 December 2007 and for imazalil, for which they shall be applied from by 15 September 2008.

When Member States adopt those provisions they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2007/62/EC (OJ L 260, 5.10.2007, p. 4).

1

(2)  
  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2007/62/EC.

2

(3)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).

3

(4)  
  OJ L 43, 15.2.2007, p. 19.

4

(5)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

5

(6)  Opinion regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the SCP on 14 July 1998); Opinion regarding variable pesticide residues in fruit and vegetables (Opinion expressed by the SCP on 14 July 1998) http://europa.eu.int/comm/food/fs/sc/scp/outcome_ppp_en.html).

6

---

ANNEX I

In Part A of Annex II to Directive 86/362/EEC, the line for ‘Atrazine’ is replaced by the following:

| Pesticide residues | Maximum levels in mg/kg |
| --- | --- |
| ‘Atrazine | 0,1 (t) CEREALS |

Pesticide residues

Maximum levels in mg/kg

‘Atrazine

0,1 (t) CEREALS

---

(t)  Temporary MRLs valid until 1 June 2009, pending submission of residue data by the applicant.’

t

---

ANNEX II

In Part A of Annex II to Directive 90/642/EEC, the columns for acetamiprid, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin are replaced by the following:

| | Pesticide residue and maximum residue level (mg/kg) |
| --- | --- |
| Groups and examples of individual products to which the MRLs apply | ‘Acetamiprid | Deltamethrin
  (cis-deltamethrin) (1) | Imazalil | Indoxacarb as sum of the isomers S and R | Pendimethalin | Pymetrozine | Pyraclostrobin | Thiacloprid | Trifloxystrobin |
| 1. | Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts |

Pesticide residue and maximum residue level (mg/kg)

Groups and examples of individual products to which the MRLs apply

‘Acetamiprid

Deltamethrin

(cis-deltamethrin) (1)

Imazalil

Indoxacarb as sum of the isomers S and R

Pendimethalin

Pymetrozine

Pyraclostrobin

Thiacloprid

Trifloxystrobin

1.

0,05  (*1)

| (i) | CITRUS FRUIT |
| --- | --- |

(i)

CITRUS FRUIT

1  (p)

0,05  (*1)

5

0,02  (*1)
   (p)

0,3

1  (p)

0,02  (*1)
   (p)

0,3  (p)

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

| (ii) | TREE NUTS (shelled or unshelled) |
| --- | --- |

(ii)

TREE NUTS (shelled or unshelled)

0,01  (*1)
   (p)

0,05  (*1)

0,05  (*1)

0,05  (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

1  (p)

Walnuts

Others

0,02  (*1)
   (p)

| (iii) | POME FRUIT |
| --- | --- |

(iii)

POME FRUIT

1  (p)

2

0,02  (*1)

0,3  (p)

0,3  (p)

0,5  (p)

Apples

0,2

0,5  (p)

Pears

Quinces

Others

0,1

0,3  (p)

| (iv) | STONE FRUIT |
| --- | --- |

(iv)

STONE FRUIT

0,05  (*1)

Apricots

0,1  (p)

0,3  (p)

0,05

0,2  (p)

0,3  (p)

1  (p)

Cherries

0,2  (p)

0,2

0,3  (p)

0,3
   (p)

1  (p)

Peaches (including nectarines and similar hybrids)

0,1  (p)

0,3  (p)

0,05

0,2  (p)

0,3  (p)

1  (p)

Plums

0,02  (p)

0,1  (p)

0,1  (p)

0,2  (p)

Others

0,01  (*1)
   (p)

0,1

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (v) | BERRIES AND SMALL FRUIT |
| --- | --- |

(v)

BERRIES AND SMALL FRUIT

0,01  (*1)
   (p)

0,05  (*1)

| (a) | Table and wine grapes |
| --- | --- |

(a)

Table and wine grapes

0,2

2  (p)

0,02  (*1)

0,02  (*1)
   (p)

5  (p)

Table grapes

1  (p)

Wine grapes

2  (p)

| (b) | Strawberries (other than wild) |
| --- | --- |

(b)

Strawberries (other than wild)

0,2

0,02  (*1)
   (p)

0,5

0,5  (p)

0,5  (p)

0,5  (p)

| (c) | Cane fruit (other than wild) |
| --- | --- |

(c)

Cane fruit (other than wild)

0,02  (*1)
   (p)

1  (p)

0,02  (*1)
   (p)

Blackberries

0,5

3

1
   (p)

Dewberries

Loganberries

Raspberries

0,5

3

1
   (p)

Others

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

| (d) | Other small fruit and berries (other than wild) |
| --- | --- |

(d)

Other small fruit and berries (other than wild)

1  (p)

Bilberries

Cranberries

Currants (red, black and white)

0,5

1  (p)

0,5

2
   (p)

1  (p)

Gooseberries

0,2

1  (p)

0,5

1  (p)

Others

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,5
   (p)

0,02  (*1)
   (p)

| (e) | Wild berries and wild fruit |
| --- | --- |

(e)

Wild berries and wild fruit

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (vi) | MISCELLANEOUS |
| --- | --- |

(vi)

MISCELLANEOUS

0,01  (*1)
   (p)

0,02  (*1)

Avocados

Bananas

2

0,2
   (p)

0,05  (p)

Dates

Figs

Kiwi

0,2

Kumquats

Litchis

Mangoes

0,05  (p)

0,5
   (p)

Olives (table consumption)

1

Olives (oil extraction)

1

Papaya

0,05  (p)

0,5
   (p)

1  (p)

Passion fruit

Pineapples

Pomegranate

Others

0,05  (*1)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Vegetables, fresh or uncooked, frozen or dry

| (i) | ROOT AND TUBER VEGETABLES |
| --- | --- |

(i)

ROOT AND TUBER VEGETABLES

0,01  (*1)
   (p)

0,05  (*1)

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

Beetroot

Carrots

0,2

0,1  (p)

0,05  (p)

Cassava

Celeriac

0,1

Horseradish

0,2

0,3  (p)

Jerusalem artichokes

Parsnips

0,2

0,3  (p)

Parsley root

0,2

0,1
   (p)

Radishes

0,2
   (p)

Salsify

0,1
   (p)

Sweet potatoes

Swedes

Turnips

Yam

Others

0,02  (*1)
   (p)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (ii) | BULB VEGETABLES |
| --- | --- |

(ii)

BULB VEGETABLES

0,01  (*1)
   (p)

0,05  (*1)

0,02  (*1)
   (p)

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Garlic

0,1

0,2  (p)

Onions

0,1

0,2  (p)

Shallots

0,1

0,2  (p)

Spring onions

0,1

Others

0,05  (*1)

0,02  (*1)
   (p)

| (iii) | FRUITING VEGETABLES |
| --- | --- |

(iii)

FRUITING VEGETABLES

0,05  (*1)

| (a) | Solanacea |
| --- | --- |

(a)

Solanacea

Tomatoes

0,1  (p)

0,3

0,5

0,5  (p)

0,5

0,2  (p)

0,5  (p)

0,5  (p)

Peppers

0,3  (p)

0,3  (p)

1

0,5  (p)

1  (p)

0,3
   (p)

Aubergines

0,1  (p)

0,3

0,5  (p)

0,5

0,2  (p)

0,5  (p)

Okra

0,3

Others

0,01  (*1)
   (p)

0,2

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (b) | Cucurbits — edible peel |
| --- | --- |

(b)

Cucurbits — edible peel

0,3  (p)

0,2

0,2

0,2  (p)

0,5

0,02  (*1)
   (p)

0,3  (p)

0,2  (p)

Cucumbers

Gherkins

Courgettes

Others

| (c) | Cucurbits — inedible peel |
| --- | --- |

(c)

Cucurbits — inedible peel

0,01  (*1)
   (p)

0,2

0,1  (p)

0,2

0,02  (*1)
   (p)

Melons

2

0,2  (p)

0,3  (p)

Squashes

Watermelons

0,2  (p)

0,2

Others

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (d) | Sweet corn |
| --- | --- |

(d)

Sweet corn

0,01  (*1)
   (p)

0,05  (*1)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (iv) | BRASSICA VEGETABLES |
| --- | --- |

(iv)

BRASSICA VEGETABLES

0,01  (*1)
   (p)

0,05  (*1)

0,05  (*1)

| (a) | Flowering brassica |
| --- | --- |

(a)

Flowering brassica

0,1

0,3  (p)

0,02  (*1)

0,1  (p)

0,02  (*1)
   (p)

Broccoli (including Calabrese)

0,05
   (p)

Cauliflower

0,05
   (p)

Others

0,02  (*1)
   (p)

| (b) | Head brassica |
| --- | --- |

(b)

Head brassica

0,1

0,02  (*1)
   (p)

0,2
   (p)

Brussels sprouts

0,2  (p)

Head cabbage

3  (p)

0,05

0,2  (p)

Others

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

| (c) | Leafy brassica |
| --- | --- |

(c)

Leafy brassica

0,5

0,2

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

Chinese cabbage

0,2  (p)

Kale

0,2  (p)

Others

0,02  (*1)
   (p)

| (d) | Kohlrabi |
| --- | --- |

(d)

Kohlrabi

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (v) | LEAF VEGETABLES AND FRESH HERBS |
| --- | --- |

(v)

LEAF VEGETABLES AND FRESH HERBS

0,05  (*1)

0,05  (*1)

0,02  (*1)
   (p)

| (a) | Lettuce and similar |
| --- | --- |

(a)

Lettuce and similar

0,5

2

2  (p)

Cress

Lamb's lettuce

5  (p)

1
   (p)

10
   (p)

Lettuce

5  (p)

2  (p)

Scarole (broad-leaf endive)

5
   (p)

2  (p)

Ruccola

Leaves and stems of brassica, including turnip greens

Others

0,01  (*1)
   (p)

0,02  (*1)
   (p)

2  (p)

| (b) | Spinach and similar |
| --- | --- |

(b)

Spinach and similar

0,01  (*1)
   (p)

0,5

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Spinach

2

Beet leaves (chard)

Others

0,02  (*1)
   (p)

| (c) | Watercress |
| --- | --- |

(c)

Watercress

0,01  (*1)
   (p)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (d) | Witloof |
| --- | --- |

(d)

Witloof

0,01  (*1)
   (p)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (e) | Herbs |
| --- | --- |

(e)

Herbs

0,5

2  (p)

1

2  (p)

3  (p)

Chervil

Chives

Parsley

5
   (p)

Celery leaves

Others

0,01  (*1)
   (p)

| (vi) | LEGUME VEGETABLES (fresh) |
| --- | --- |

(vi)

LEGUME VEGETABLES (fresh)

0,01  (*1)
   (p)

0,2

0,05  (*1)

0,02  (*1)
   (p)

0,2

1

0,02  (*1)
   (p)

Beans (with pods)

1  (p)

0,5  (p)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (vii) | STEM VEGETABLES (fresh) |
| --- | --- |

(vii)

STEM VEGETABLES (fresh)

0,01  (*1)
   (p)

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

Asparagus

Cardoons

Celery

0,1

Fennel

Globe artichokes

0,1

0,1  (p)

Leek

0,2

0,5  (p)

0,2
   (p)

Rhubarb

Others

0,05  (*1)

0,02  (*1)
   (p)

0,05  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (viii) | FUNGI |
| --- | --- |

(viii)

FUNGI

0,01  (*1)
   (p)

0,05

0,05  (*1)

0,02  (*1)
   (p)

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

| (a) | Cultivated mushrooms |
| --- | --- |

(a)

Cultivated mushrooms

| (b) | Wild mushrooms |
| --- | --- |

(b)

Wild mushrooms

| 3. | Pulses |
| --- | --- |

3.

0,01  (*1)
   (p)

1

0,05  (*1)

0,02  (*1)
   (p)

0,2

0,02  (*1)

0,3  (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Beans

Lentils

Peas

Lupines

Others

| 4. | Oilseeds |
| --- | --- |

4.

0,05  (*1)

0,1  (*1)

0,02  (*1)
   (p)

0,05  (*1)
   (p)

Linseed

Peanuts

Poppy seed

Sesame seed

Sunflower seed

Rape seed

0,1

0,3  (p)

Soya bean

0,5  (p)

Mustard seed

0,1

0,2
   (p)

Cotton seed

0,02  (p)

0,05

Hemp seed

Pumpkin seed

Others

0,01  (*1)
   (p)

0,05  (*1)

0,05  (*1)
   (p)

0,02  (*1)

0,05  (*1)
   (p)

| 5. | Potatoes |
| --- | --- |

5.

0,01  (*1)
   (p)

0,05  (*1)

3

0,02  (*1)
   (p)

0,05  (*1)

0,02  (*1)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,02  (*1)
   (p)

Early potatoes

Ware potatoes

| 6. | Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) |
| --- | --- |

6.

0,1  (*1)
   (p)

5

0,1  (*1)

0,05  (*1)
   (p)

0,1  (*1)

0,1  (*1)

0,05  (*1)
   (p)

0,05  (*1)
   (p)

0,05  (*1)
   (p)

| 7. | Hops (dried), including hop pellets and unconcentrated powder |
| --- | --- |

7.

0,1  (*1)
   (p)

5

0,1  (*1)

0,05  (*1)
   (p)

0,1  (*1)

15

10  (p)

0,05  (*1)
   (p)

30  (p)

---

(*1)  Indicates lower limit of analytical determination.

*1

(1)  Temporary MRLs valid until 1 November 2008, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level.

1

(p)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’

p

---

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

DECISIONS

Commission

| 14.12.2007 | EN | Official Journal of the European Union | L 329/52 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/52

---

COMMISSION DECISION

of 13 September 2007

relating to a proceeding pursuant to Article 81 of the EC Treaty

(Case COMP/E-2/39.142 — Toyota)

(notified under document number C(2007) 4273)

(Only the English text is authentic)

(2007/831/EC)

(1)

This Decision adopted pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1) is addressed to Toyota Motor Europe NV/SA (hereinafter Toyota) and concerns the supply of technical information for the repair of vehicles of the Toyota brand (2).

(2)

| — | basic parameters (documentation of all reference values and set points of the measurable values concerning the vehicle, such as torque settings, brake clearance measurements, hydraulic and pneumatic pressures), |
| --- | --- |

—

basic parameters (documentation of all reference values and set points of the measurable values concerning the vehicle, such as torque settings, brake clearance measurements, hydraulic and pneumatic pressures),

| — | diagrams and descriptions of stages in repair and maintenance operations (service handbooks, technical documents such as work plans, descriptions of tools used to carry out a given repair, and diagrams such as wiring schematics or hydraulics), |
| --- | --- |

—

diagrams and descriptions of stages in repair and maintenance operations (service handbooks, technical documents such as work plans, descriptions of tools used to carry out a given repair, and diagrams such as wiring schematics or hydraulics),

| — | testing and diagnosis (including diagnostic fault/ trouble-shooting codes, software and other information needed to diagnose faults on vehicles) — much, but not all, of this information is contained in specialised electronic tools, |
| --- | --- |

—

testing and diagnosis (including diagnostic fault/ trouble-shooting codes, software and other information needed to diagnose faults on vehicles) — much, but not all, of this information is contained in specialised electronic tools,

| — | codes, software and other information needed to re-program, re-set or re-initialise the electronic control units (‘ECUs’) embarked on a vehicle. This category is linked to the preceding one, in that often the same electronic tools are used to diagnose the fault, and then make the necessary adjustments via the ECUs to deal with it, |
| --- | --- |

—

codes, software and other information needed to re-program, re-set or re-initialise the electronic control units (‘ECUs’) embarked on a vehicle. This category is linked to the preceding one, in that often the same electronic tools are used to diagnose the fault, and then make the necessary adjustments via the ECUs to deal with it,

| — | spare parts information, including parts catalogues with codes and descriptions, and vehicle identification methods (that is to say, data relating to a specific vehicle which enable a repairer to identify the individual codes for the parts fitted during vehicle assembly, and to identify the corresponding codes for compatible original replacement parts for that specific vehicle), |
| --- | --- |

—

spare parts information, including parts catalogues with codes and descriptions, and vehicle identification methods (that is to say, data relating to a specific vehicle which enable a repairer to identify the individual codes for the parts fitted during vehicle assembly, and to identify the corresponding codes for compatible original replacement parts for that specific vehicle),

| — | special information (recall notices and notification of frequent faults), |
| --- | --- |

—

special information (recall notices and notification of frequent faults),

| — | training materials. |
| --- | --- |

—

training materials.

(3)

In December 2006, the Commission opened proceedings, and addressed a preliminary assessment to Toyota, containing the preliminary view that Toyota’s agreements with its after-sales service partners raised concerns as to their compatibility with Article 81(1) of the EC Treaty.

(4)

In the Commission’s preliminary assessment, Toyota seemed to have failed to release certain categories of technical repair information well after the end of the transitional period provided for in Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (3). Moreover, at the time that the Commission’s investigation was launched, Toyota had still not put in place an effective system to allow independent repairers to have access to technical repair information in an unbundled manner. Although Toyota improved the accessibility of its technical information over the course of the Commission investigation, notably by increasing the information available on its technical information website known as TechDoc website (the TI website) and by increasing model range covered by this website, the information made available to independent repairers seemed still to be incomplete.

(5)

That preliminary assessment found that the relevant markets affected by the practice at issue were the market for the provision of repair and maintenance services for passenger cars, and the market for the provision of technical information to repairers. The Toyota authorised networks had very high market shares on the first of these markets, while on the second, Toyota was the only supplier able to offer all of the technical information needed by repairers of its vehicles.

(6)

In essence, Toyota’s service and parts distribution agreements require the members of its authorised networks to carry out a full range of brand-specific repair services, and act as spare parts wholesalers. The Commission is concerned that possible negative effects stemming from such agreements could be strengthened by Toyota’s failure to provide independent repairers with appropriate access to technical information thereby foreclosing firms which would be willing and able to offer repair services through a different business model.

(7)

The Commission’s preliminary conclusion was that Toyota’s arrangements for providing its technical information to independent repairers did not correspond to the latters’ needs either as regards the scope of the information available or as regards its accessibility, and that such a practice, in combination with similar practices by other car manufacturers, could have contributed to a decline in the market position of independent repairers. In turn, this could have caused considerable consumer harm in terms of a significant reduction in choice of spare parts, higher prices for repair services, a reduction in choice of repair outlets, potential safety issues, and a lack of access to innovative repair shops.

(8)

Moreover, Toyota’s apparent failure to provide independent repairers with appropriate access to technical information might prevent the agreements with its after-sales service partners from benefiting from the exemption granted by Regulation (EC) No 1400/2002, since according to Article 4(2) of the Regulation, the exemption granted therein does not apply where the supplier of motor vehicles refuses to give independent operators access to any technical information, diagnostic and other equipment, tools, including any relevant software, or training required for the repair and maintenance of these motor vehicles. As clarified in recital 26 of the Regulation, the conditions of access must not discriminate between authorised and independent operators.

(9)

Finally, the Commission came to the preliminary view that in the context of lack of access to technical repair information, the agreements between Toyota and its authorised repairers were unlikely to benefit from the provision of Article 81(3).

(10)

On 22 January 2007, Toyota offered commitments to the Commission in order to meet the competition concerns addressed in the preliminary assessment.

(11)

According to those commitments, the principle determining the scope of the information to be provided is that of non-discrimination between independent and authorised repairers. In this light, Toyota will ensure that all technical information, tools, equipment, software and training required for the repair and maintenance of its vehicles which is provided to authorised repairers and/or independent importers in any EU Member State by or on behalf of Toyota is also made available to independent repairers.

(12)

The commitments specify that ‘technical information’ within the meaning of Article 4(2) of Regulation (EC) No 1400/2002 includes all information provided to authorised repairers for the repair or maintenance of Toyota vehicles. Particular examples include software, fault codes and other parameters, together with updates, which are required to work on electronic control units (ECUs) with a view to introducing or restoring settings recommended by Toyota, vehicle identification methods, parts catalogues, working solutions resulting from practical experience and relating to problems typically affecting a given model or batch, and recall notices as well as other notices identifying repairs that may be carried out without charge within the authorised repair network.

(13)

Access to tools includes access to electronic diagnostic and other repair tools, together with related software, including periodic updates thereof, and after-sales services for such tools.

(14)

The commitments shall bind Toyota and its connected undertakings but shall not be directly binding on independent importers of Toyota’s vehicle brands, known as ‘non-affiliated national marketing and sales companies’ (non affiliated NMSCs). In those Member States in which Toyota distributes its vehicles via non affiliated NMSCs, Toyota has therefore agreed to make its best efforts to contractually oblige these undertakings to supply Toyota with any technical information or language versions of technical information that they have provided to authorised repairers in the Member State concerned. Toyota commits itself to place this technical information or language versions on its TI website without delay.

(15)

According to recital 26 of Regulation (EC) No 1400/2002, Toyota is not obliged to provide independent repairers with technical information that would enable a third party to bypass or disarm on-board anti-theft devices and/or recalibrate (4) electronic devices, or to tamper with devices which limit a vehicle’s performance. As with any exception under EU law, recital 26 is to be interpreted narrowly. The commitments note that if Toyota were to invoke this exception as a reason for withholding any technical information from independent repairers, it has committed itself to ensure that the information withheld is limited to that necessary to provide the protection described in recital 26, and that the lack of the information in question does not prevent independent repairers from carrying out operations other than those listed in recital 26, including work on devices such as engine management ECUs, airbags, seatbelt pre-tensioners, or central locking elements.

(16)

Article 4(2) of Regulation (EC) No 1400/2002 provides that technical information must be made available in a way that is proportionate to independent repairers’ needs. This implies both unbundling of information and pricing that takes account of the extent to which independent repairers use the information.

(17)

In line with this principle, the commitments specify that Toyota will include on the TI website all technical information relating to models launched as of 1 January 1997, and will ensure that all updated technical information is on the TI website or on any successor site at all times. Moreover, Toyota will at all times ensure that the website may be easily located and provides an equivalent level of performance to the methods used for providing technical information to members of its authorised networks. When Toyota or another undertaking acting on Toyota’s behalf makes a piece of technical information available to authorised repairers in a particular EU language, Toyota will ensure that this language version of the information is placed on the TI website without delay.

(18)

As regards technical information concerning models launched by Toyota as of 1 January 1997 and prior to 1 January 2000, Toyota has committed itself to place it there by 31 December 2007.

(19)

The commitments specify that Toyota’s access fee structure for the site will be based on the cost that the authorised repairers incur for a yearly subscription to the Toyota intranet, namely EUR 2 400. However, in order to respect the proportionality requirement laid down in the Regulation, Toyota agrees to provide for a pro rata breakdown into monthly, weekly, daily, four-hourly, three-hourly, two-hourly and hourly time windows at a price of EUR 3 per hour, EUR 6 per two hours, EUR 9 per three hours, EUR 12 per four hours, EUR 16 per day, EUR 72 per week and EUR 240 per month. Toyota agrees to maintain this access fee structure, and not to increase fee levels above the average inflation rate within the EU during the whole currency of the commitments.

(20)

Toyota’s commitments are without prejudice to any current or future requirement established by Community or national law which might extend the scope of the technical information that Toyota is to provide to independent operators and/or might set out more favourable ways for such information to be provided.

(21)

Toyota has committed itself to implement a specified complaint handling procedure, which may be applied to deal with any complaint issued by an independent repairer or association of independent repairers established in the European Union regarding access to technical information.

(22)

According to this procedure, following initial notification, the national marketing and sales company (NMSC) will first handle any complaint at its level, by the appointment of a complaint handler. This complaint handler will investigate the complaint, provide additional information or explanation and/or propose a solution to the complainant. If the complaint handler and the complainant fail to reach an agreement or settlement regarding the complaint, the complaint handler shall promptly refer the complaint to the helpdesk facility set up by Toyota, except if the absence of agreement or settlement is the result of a lack of responsiveness from the independent repairer or association of independent repairers. Toyota will then investigate the matter and either confirm the position of the complaint handler or propose an alternative solution. In the event that Toyota and the complainant fail to reach an agreement or settlement regarding the complaint, Toyota commits itself to accept arbitration. In any event, the complainant may request such arbitration twenty business days after the initial notification of its complaint to an NMSC.

(23)

This arbitration will be governed by the respective national rules of arbitration, and the arbitral tribunal will consist of three arbitrators appointed in accordance with these rules. The place of arbitration will be in the Member State where the complainant’s registered seat is located. The language of the arbitral proceedings shall be the official language at the place of arbitration. Arbitration will not prejudice any right to file an application with the competent national court.

(24)

The Decision finds that, in view of the commitments, there are no longer grounds for action by the Commission. The commitments will be binding until 31 May 2010.

(25)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 9 July 2007.

---

(1)  
  OJ L 1, 4.1.2003, p. 1. Regulation as last amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

1

(2)  In the following sections, the expression ‘Toyota’ is used to designate ‘Toyota Motor Europe NV/SA’ while the expression ‘Toyota brand’ or ‘Toyota vehicle/car’ is used to indicate the motor vehicles commercialised by Toyota under the Toyota brand name.

2

(3)  
  OJ L 203, 1.8.2002, p. 30.

3

(4)  I.e. to modify the original settings of an ECU in a way not recommended by Toyota.

4

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/56 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/56

---

COMMISSION DECISION

of 13 December 2007

amending Decision 2007/718/EC concerning certain protection measures against foot-and-mouth disease in Cyprus

(notified under document number C(2007) 6251)

(Text with EEA relevance)

(2007/832/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

| (1) | Following recent outbreaks of foot-and-mouth disease in Cyprus, Commission Decision 2007/718/EC of 6 November 2007 concerning certain protection measures against foot-and-mouth disease in Cyprus (3) was adopted to reinforce the control measures against foot-and-mouth disease taken by that Member State in the framework of Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease (4), |
| --- | --- |

(1)

Following recent outbreaks of foot-and-mouth disease in Cyprus, Commission Decision 2007/718/EC of 6 November 2007 concerning certain protection measures against foot-and-mouth disease in Cyprus (3) was adopted to reinforce the control measures against foot-and-mouth disease taken by that Member State in the framework of Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease (4),

| (2) | Decision 2007/718/EC lays down rules applicable to the dispatch from the high risk areas, listed in Annex I, and the low risk areas listed in Annex II, to that Decision (‘restricted areas’), in Cyprus of products considered safe that either were produced before the restrictions were put in place in Cyprus, from raw material sourced from outside those restricted areas, or that have undergone a treatment proven effective in inactivating possible foot-and-mouth disease virus. |
| --- | --- |

(2)

Decision 2007/718/EC lays down rules applicable to the dispatch from the high risk areas, listed in Annex I, and the low risk areas listed in Annex II, to that Decision (‘restricted areas’), in Cyprus of products considered safe that either were produced before the restrictions were put in place in Cyprus, from raw material sourced from outside those restricted areas, or that have undergone a treatment proven effective in inactivating possible foot-and-mouth disease virus.

| (3) | In Decision 2007/718/EC, the Commission laid down rules for the dispatch of certain categories of meat from certain areas listed in Annex III to that Decision that have not recorded any outbreak of foot-and-mouth disease for a period of at least 90 days prior to slaughter and which comply with certain specified conditions. There are presently no areas listed in that Annex. |
| --- | --- |

(3)

In Decision 2007/718/EC, the Commission laid down rules for the dispatch of certain categories of meat from certain areas listed in Annex III to that Decision that have not recorded any outbreak of foot-and-mouth disease for a period of at least 90 days prior to slaughter and which comply with certain specified conditions. There are presently no areas listed in that Annex.

| (4) | On the basis of the evolution of the animal health situation in Cyprus, and in particular the favourable results of the ongoing surveillance, it is now possible to define those areas that should be included in Annex III to Decision 2007/718/EC. |
| --- | --- |

(4)

On the basis of the evolution of the animal health situation in Cyprus, and in particular the favourable results of the ongoing surveillance, it is now possible to define those areas that should be included in Annex III to Decision 2007/718/EC.

| (5) | It is also necessary in view of the current animal health situation to extend the validity of Decision 2007/718/EC until 31 January 2008. |
| --- | --- |

(5)

It is also necessary in view of the current animal health situation to extend the validity of Decision 2007/718/EC until 31 January 2008.

| (6) | Decision 2007/718/EC should therefore be amended accordingly. |
| --- | --- |

(6)

Decision 2007/718/EC should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2007/718/EC is amended as follows:

| 1. | In Article 16 ‘15 December 2007’ is replaced by ‘31 January 2008’. |
| --- | --- |

1.

In Article 16 ‘15 December 2007’ is replaced by ‘31 January 2008’.

| 2. | Annex III is replaced by the text in the Annex to this Decision. |
| --- | --- |

2.

Annex III is replaced by the text in the Annex to this Decision.

Article 2

Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Markos KYPRIANOU

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; corrected version OJ L 195, 2.6.2004, p. 12).

1

(2)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

2

(3)  
  OJ L 289, 7.11.2007, p. 45.

3

(4)  
  OJ L 306, 22.11.2003, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

4

---

ANNEX

‘ANNEX III

| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| GROUP | ADNS | Administrative Unit | B | S/G | P | FG | WG |
| Cyprus | 00001 | Lefkosia | | | + | | |
| 00003 | Ammochostos | | | + | | |
| 00004 | Larnaca, except the administrative units of: | | | + | | |
| Agia Anna | | | – | | |
| Alethriko | | | – | | |
| Aradippou | | | – | | |
| Dromolaxia | | | – | | |
| Kalo Chorio | | | – | | |
| Kellia | | | – | | |
| Kiti | | | – | | |
| Kivisili | | | – | | |
| Klavdia | | | – | | |
| Kochi | | | – | | |
| Larnaka | | | – | | |
| Livadia | | | – | | |
| Meneou | | | – | | |
| Softades | | | – | | |
| Tersefanou | | | – | | |
| 00005 | Lemesos | | | + | | |
| 00006 | Paphos | | | + | | |

1

2

3

4

5

6

7

8

GROUP

ADNS

Administrative Unit

B

S/G

P

FG

WG

Cyprus

00001

Lefkosia

+

00003

Ammochostos

+

00004

Larnaca, except the administrative units of:

+

Agia Anna

–

Alethriko

–

Aradippou

–

Dromolaxia

–

Kalo Chorio

–

Kellia

–

Kiti

–

Kivisili

–

Klavdia

–

Kochi

–

Larnaka

–

Livadia

–

Meneou

–

Softades

–

Tersefanou

–

00005

Lemesos

+

00006

Paphos

+

| ADNS | = | Animal Disease Notification System Code (Decision 2005/176/EC) |
| --- | --- | --- |
| B | = | bovine meat |
| S/G | = | sheep and goat meat [meat of ovine and caprine animals] |
| P | = | pig meat [meat of porcine animals] |
| FG | = | farmed game of species susceptible to foot-and-mouth disease |
| WG | = | wild game of species susceptible to foot-and-mouth disease’ |

ADNS

=

Animal Disease Notification System Code (Decision 2005/176/EC)

B

=

bovine meat

S/G

=

sheep and goat meat [meat of ovine and caprine animals]

P

=

pig meat [meat of porcine animals]

FG

=

farmed game of species susceptible to foot-and-mouth disease

WG

=

wild game of species susceptible to foot-and-mouth disease’

---

| 14.12.2007 | EN | Official Journal of the European Union | L 329/59 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/59

---

COMMISSION DECISION

of 13 December 2007

amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom

(notified under document number C(2007) 6256)

(Text with EEA relevance)

(2007/833/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC, and amending Directive 92/46/EEC (3), and in particular Article 60(2) and Article 62(1) and (3) thereof,

Whereas:

| (1) | Following recent outbreaks of foot-and-mouth disease in Great Britain, Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom (4) was adopted to reinforce the control measures against foot-and-mouth disease taken by that Member State in the framework of Directive 2003/85/EC. |
| --- | --- |

(1)

Following recent outbreaks of foot-and-mouth disease in Great Britain, Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom (4) was adopted to reinforce the control measures against foot-and-mouth disease taken by that Member State in the framework of Directive 2003/85/EC.

| (2) | Decision 2007/554/EC lays down rules applicable to the dispatch from the high risk areas, listed in Annex I, and the low risk areas listed in Annex II, to that Decision (‘restricted areas’), in Great Britain of products considered safe that either were produced before the restrictions were put in place in the United Kingdom, from raw material sourced from outside those restricted areas, or that have undergone a treatment proven effective in inactivating possible foot-and-mouth disease virus. |
| --- | --- |

(2)

Decision 2007/554/EC lays down rules applicable to the dispatch from the high risk areas, listed in Annex I, and the low risk areas listed in Annex II, to that Decision (‘restricted areas’), in Great Britain of products considered safe that either were produced before the restrictions were put in place in the United Kingdom, from raw material sourced from outside those restricted areas, or that have undergone a treatment proven effective in inactivating possible foot-and-mouth disease virus.

| (3) | In Decision 2007/554/EC, as amended by Decision 2007/664/EC, the Commission laid down rules for the dispatch of certain categories of meat from certain areas listed in Annex III to Decision 2007/554/EC, as thus amended, that have not recorded any outbreak of foot-and-mouth disease for a period of at least 90 days prior to slaughter and which comply with certain specified conditions. |
| --- | --- |

(3)

In Decision 2007/554/EC, as amended by Decision 2007/664/EC, the Commission laid down rules for the dispatch of certain categories of meat from certain areas listed in Annex III to Decision 2007/554/EC, as thus amended, that have not recorded any outbreak of foot-and-mouth disease for a period of at least 90 days prior to slaughter and which comply with certain specified conditions.

| (4) | On the basis of the favourable evolution of the animal health situation in the United Kingdom, and in particular the favourable results of the completed surveillance, it is now possible to exclude certain areas in Great Britain from the scope of Decision 2007/554/EC and retaining a low-risk area of about 50 km around the outbreak sites the administrative units of which should be listed in Annex II to that Decision. |
| --- | --- |

(4)

On the basis of the favourable evolution of the animal health situation in the United Kingdom, and in particular the favourable results of the completed surveillance, it is now possible to exclude certain areas in Great Britain from the scope of Decision 2007/554/EC and retaining a low-risk area of about 50 km around the outbreak sites the administrative units of which should be listed in Annex II to that Decision.

| (5) | The favourable evolution of the animal health situation also allows to remove certain certification requirements for products of animal origin, such as meat, milk and animal by products, because such products are no longer under the restrictions pertaining to areas listed in Annex I and are therefore no longer of different animal health status. |
| --- | --- |

(5)

The favourable evolution of the animal health situation also allows to remove certain certification requirements for products of animal origin, such as meat, milk and animal by products, because such products are no longer under the restrictions pertaining to areas listed in Annex I and are therefore no longer of different animal health status.

| (6) | Decision 2007/554/EC should therefore be amended accordingly. |
| --- | --- |

(6)

Decision 2007/554/EC should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2007/554/EC is amended as follows:

| 1. | Article 17 is replaced by the following:
  ‘This Decision shall apply until 31 December 2007.
  However, the prohibitions of dispatch laid down in Articles 2, 3, 4, 5, 7 and 8 as well as the provisions laid down in Articles 9 and 11 related to those prohibitions and the provisions in Article 14 shall cease to apply.’ |
| --- | --- |

1.

Article 17 is replaced by the following:

‘This Decision shall apply until 31 December 2007.

However, the prohibitions of dispatch laid down in Articles 2, 3, 4, 5, 7 and 8 as well as the provisions laid down in Articles 9 and 11 related to those prohibitions and the provisions in Article 14 shall cease to apply.’

| 2. | The Annexes are replaced by the text in the Annex to this Decision. |
| --- | --- |

2.

The Annexes are replaced by the text in the Annex to this Decision.

Article 2

Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Markos KYPRIANOU

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; corrected version OJ L 195, 2.6.2004, p. 12).

1

(2)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

2

(3)  
  OJ L 306, 22.11.2003, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

3

(4)  
  OJ L 210, 10.8.2007, p. 36. Decision as last amended by Decision 2007/796/EC (OJ L 322, 7.12.2007, p. 37).

4

---

ANNEX

‘ANNEX I

The following areas in the United Kingdom:

| 1 | 2 | 3 |
| --- | --- | --- |
| GROUP | ADNS | Administrative Unit |
| | | |

1

2

3

GROUP

ADNS

Administrative Unit

‘ANNEX II

The following areas in the United Kingdom:

| 1 | 2 | 3 |
| --- | --- | --- |
| GROUP | ADNS | Administrative Unit |
| England | 41 | Bracknell Forest Borough |
| 66 | Slough |
| 76 | Windsor and Maidenhead |
| 77 | Wokingham |
| 138 | Buckinghamshire County, the districts of:
  South Buckinghamshire |
| 148 | Hampshire County, the districts of: | Hart |

1

2

3

GROUP

ADNS

Administrative Unit

England

41

Bracknell Forest Borough

66

Slough

76

Windsor and Maidenhead

77

Wokingham

138

Buckinghamshire County, the districts of:

South Buckinghamshire

148

Hampshire County, the districts of:

Hart

| | Rushmoor |
| --- | --- |

Rushmoor

163

Surrey (except Tandridge District)

168

Greater London Authority, the boroughs of:

| | Hillingdon |
| --- | --- |

Hillingdon

| | Hounslow |
| --- | --- |

Hounslow

| | Richmond upon Thames |
| --- | --- |

Richmond upon Thames

| | Kingston upon Thames |
| --- | --- |

Kingston upon Thames

| | Ealing |
| --- | --- |

Ealing

| | Harrow |
| --- | --- |

Harrow

| | Brent |
| --- | --- |

Brent

| | Hammersmith and Fulham |
| --- | --- |

Hammersmith and Fulham

| | Wandsworth |
| --- | --- |

Wandsworth

| | Merton |
| --- | --- |

Merton

| | Sutton |
| --- | --- |

Sutton

‘ANNEX III

| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| GROUP | ADNS | Administrative Unit | B | S/G | P | FG | WG |
| | | | | | | | |

1

2

3

4

5

6

7

8

GROUP

ADNS

Administrative Unit

B

S/G

P

FG

WG

| ADNS | = | Animal Disease Notification System Code (Decision 2005/176/EC) |
| --- | --- | --- |
| B | = | bovine meat |
| S/G | = | sheep and goat meat [meat of ovine and caprine animals] |
| P | = | pig meat [meat of porcine animals] |
| FG | = | farmed game of species susceptible to foot-and-mouth disease |
| WG | = | wild game of species susceptible to foot-and-mouth disease |

ADNS

=

Animal Disease Notification System Code (Decision 2005/176/EC)

B

=

bovine meat

S/G

=

sheep and goat meat [meat of ovine and caprine animals]

P

=

pig meat [meat of porcine animals]

FG

=

farmed game of species susceptible to foot-and-mouth disease

WG

=

wild game of species susceptible to foot-and-mouth disease

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 14.12.2007 | EN | Official Journal of the European Union | L 329/63 |
| --- | --- | --- | --- |

14.12.2007

EN

Official Journal of the European Union

L 329/63

---

POLITICAL AND SECURITY COMMITTEE DECISION EUPM/3/2007

of 30 November 2007

concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2007/749/CFSP of 19 November 2007 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and, in particular, Article 17 thereof,

Having regard to Council Joint Action 2005/824/CFSP of 24 November 2005 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (2), and, in particular, Article 9(1) thereof,

Whereas:

| (1) | Article 9(1) of Joint Action 2005/824/CFSP provides that the Council authorises the Political and Security Committee (PSC) to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint a Head of Mission/Police Commissioner. |
| --- | --- |

(1)

Article 9(1) of Joint Action 2005/824/CFSP provides that the Council authorises the Political and Security Committee (PSC) to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint a Head of Mission/Police Commissioner.

| (2) | On 5 December 2006, the PSC adopted Decision EUPM/1/2006 (3) extending the mandate of Brigadier General Vincenzo Coppola as Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina until 31 December 2007. |
| --- | --- |

(2)

On 5 December 2006, the PSC adopted Decision EUPM/1/2006 (3) extending the mandate of Brigadier General Vincenzo Coppola as Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina until 31 December 2007.

| (3) | The Secretary General/High Representative has proposed to the PSC that the mandate of Brigadier General Vincenzo Coppola be extended, |
| --- | --- |

(3)

The Secretary General/High Representative has proposed to the PSC that the mandate of Brigadier General Vincenzo Coppola be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Brigadier General Vincenzo Coppola is hereby extended as Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina, until 31 December 2008.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 31 December 2008.

Done at Brussels, 30 November 2007.

For the Political and Security Committee

The President

C. DURRANT PAIS

---

(1)  
  OJ L 303, 21.11.2007, p. 40.

1

(2)  
  OJ L 307, 25.11.2005, p. 55.

2

(3)  
  OJ L 365, 21.12.2006, p. 87.

3

---