# Official Journal L 313/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.313.eng |
| --- | --- |
| Official Journal
  of the European Union | L 313 |
| | |
| English edition | Legislation | Volume 5228 November 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.313.eng

Official Journal

of the European Union

L 313

English edition

Legislation

Volume 5228 November 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 1149/2009 of 27 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1150/2009 of 10 November 2009 amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement in accordance with Council Directives 89/665/EEC and 92/13/EEC (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 1151/2009 of 27 November 2009 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC (
  1
  ) | 36 |
| | * | Commission Regulation (EC) No 1152/2009 of 27 November 2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC (
  1
  ) | 40 |
| | * | Commission Regulation (EC) No 1153/2009 of 24 November 2009 amending Regulation (EC) No 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel and derogating from that Regulation | 50 |
| | * | Commission Regulation (EC) No 1154/2009 of 27 November 2009 amending Council Regulation (EC) No 747/2001 as regards Community tariff quotas for certain agricultural and processed agricultural products originating in Israel | 52 |
| | * | Commission Regulation (EC) No 1155/2009 of 27 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Truskawka kaszubska/kaszëbskô malëna (PGI)) | 57 |
| | * | Commission Regulation (EC) No 1156/2009 of 27 November 2009 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC (
  1
  ) | 59 |
| | * | Commission Regulation (EC) No 1157/2009 of 27 November 2009 derogating from Regulations (EC) Nos 2402/96, 2058/2096, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 27/2008, 1067/2008 and 828/2009 as regards the dates for lodging applications and the issuing of import licences in 2010 under the tariff quotas for sweet potatoes, manioc starch, manioc, cereals, rice, sugar and olive oil and derogating from Regulations (EC) Nos 382/2008, 1518/2003, 596/2004 and 633/2004 as regards the dates of issuing of export licences in 2010 in the beef and veal, pigmeat, eggs and poultrymeat sectors | 60 |
| | | DIRECTIVES |
| | * | Commission Directive 2009/149/EC of 27 November 2009 amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs (
  1
  ) | 65 |
| | * | Commission Directive 2009/150/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include flocoumafen as an active substance in Annex I thereto (
  1
  ) | 75 |
| | * | Commission Directive 2009/151/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include tolylfluanid as an active substance in Annex I thereto (
  1
  ) | 78 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 1149/2009 of 27 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1150/2009 of 10 November 2009 amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement in accordance with Council Directives 89/665/EEC and 92/13/EEC (
  1
  )

1

3

*

Commission Regulation (EC) No 1151/2009 of 27 November 2009 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC (
  1
  )

1

36

*

Commission Regulation (EC) No 1152/2009 of 27 November 2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC (
  1
  )

1

40

*

Commission Regulation (EC) No 1153/2009 of 24 November 2009 amending Regulation (EC) No 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel and derogating from that Regulation

50

*

Commission Regulation (EC) No 1154/2009 of 27 November 2009 amending Council Regulation (EC) No 747/2001 as regards Community tariff quotas for certain agricultural and processed agricultural products originating in Israel

52

*

Commission Regulation (EC) No 1155/2009 of 27 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Truskawka kaszubska/kaszëbskô malëna (PGI))

57

*

Commission Regulation (EC) No 1156/2009 of 27 November 2009 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC (
  1
  )

1

59

*

Commission Regulation (EC) No 1157/2009 of 27 November 2009 derogating from Regulations (EC) Nos 2402/96, 2058/2096, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 27/2008, 1067/2008 and 828/2009 as regards the dates for lodging applications and the issuing of import licences in 2010 under the tariff quotas for sweet potatoes, manioc starch, manioc, cereals, rice, sugar and olive oil and derogating from Regulations (EC) Nos 382/2008, 1518/2003, 596/2004 and 633/2004 as regards the dates of issuing of export licences in 2010 in the beef and veal, pigmeat, eggs and poultrymeat sectors

60

DIRECTIVES

*

Commission Directive 2009/149/EC of 27 November 2009 amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs (
  1
  )

1

65

*

Commission Directive 2009/150/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include flocoumafen as an active substance in Annex I thereto (
  1
  )

1

75

*

Commission Directive 2009/151/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include tolylfluanid as an active substance in Annex I thereto (
  1
  )

1

78

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2009/855/EC |
| | * | Council Decision of 20 October 2009 on the signing and conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part | 81 |
| Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part | 83 |
| | | Commission |
| | | 2009/856/EC |
| | * | Commission Decision of 27 November 2009 concerning the adoption of a financing decision for 2010 for communication measures, studies, evaluations and on a direct grant to the OIE based on Article 168(1)(c) of Regulation (EC, Euratom) No 2342/2002 | 126 |

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

DECISIONS

Council

2009/855/EC

*

Council Decision of 20 October 2009 on the signing and conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

81

Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

83

Commission

2009/856/EC

*

Commission Decision of 27 November 2009 concerning the adoption of a financing decision for 2010 for communication measures, studies, evaluations and on a direct grant to the OIE based on Article 168(1)(c) of Regulation (EC, Euratom) No 2342/2002

126

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

| 28.11.2009 | EN | Official Journal of the European Union | L 313/1 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/1

---

COMMISSION REGULATION (EC) No 1149/2009

of 27 November 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 28 November 2009.

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

Done at Brussels, 27 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 36,9 |
| MK | 52,7 |
| TR | 63,4 |
| ZZ | 51,0 |
| 0707 00 05 | MA | 52,9 |
| TR | 77,3 |
| ZZ | 65,1 |
| 0709 90 70 | MA | 33,4 |
| TR | 123,8 |
| ZZ | 78,6 |
| 0805 20 10 | MA | 67,9 |
| ZZ | 67,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 49,3 |
| HR | 60,9 |
| MA | 63,0 |
| TR | 79,9 |
| ZZ | 63,3 |
| 0805 50 10 | AR | 64,7 |
| TR | 68,1 |
| ZZ | 66,4 |
| 0808 10 80 | AU | 142,2 |
| CA | 105,6 |
| CN | 108,9 |
| MK | 22,6 |
| US | 95,7 |
| XS | 24,5 |
| ZA | 125,2 |
| ZZ | 89,2 |
| 0808 20 50 | CN | 57,1 |
| TR | 91,0 |
| US | 163,7 |
| ZZ | 103,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

36,9

MK

52,7

TR

63,4

ZZ

51,0

0707 00 05

MA

52,9

TR

77,3

ZZ

65,1

0709 90 70

MA

33,4

TR

123,8

ZZ

78,6

0805 20 10

MA

67,9

ZZ

67,9

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

CN

49,3

HR

60,9

MA

63,0

TR

79,9

ZZ

63,3

0805 50 10

AR

64,7

TR

68,1

ZZ

66,4

0808 10 80

AU

142,2

CA

105,6

CN

108,9

MK

22,6

US

95,7

XS

24,5

ZA

125,2

ZZ

89,2

0808 20 50

CN

57,1

TR

91,0

US

163,7

ZZ

103,9

---

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

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/3 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/3

---

COMMISSION REGULATION (EC) No 1150/2009

of 10 November 2009

amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement in accordance with Council Directives 89/665/EEC and 92/13/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (1), and in particular Article 3a thereof,

Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (2), and in particular Article 3a thereof,

Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (3), and in particular Article 44(1) thereof,

Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (4), and in particular Article 36(1) thereof,

After consulting the Advisory Committee for Public Contracts,

Whereas:

| (1) | Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC of the European Parliament and of the Council (5), allow Member States to provide for a reduction of the time limit for applying for ineffectiveness of a public contract where the contracting entity or contracting authority has published a contract award notice in accordance with Directive 2004/17/EC or Directive 2004/18/EC, respectively, without prior publication of a contract notice, provided that the contract award notice includes justification of the decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. |
| --- | --- |

(1)

Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC of the European Parliament and of the Council (5), allow Member States to provide for a reduction of the time limit for applying for ineffectiveness of a public contract where the contracting entity or contracting authority has published a contract award notice in accordance with Directive 2004/17/EC or Directive 2004/18/EC, respectively, without prior publication of a contract notice, provided that the contract award notice includes justification of the decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.

| (2) | The standard forms for contract award notices are set out in Annexes III and VI to Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council (6). In order to ensure the full effectiveness of Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC, the standard forms of those notices should be adapted so that contracting entities and contracting authorities could include the justification referred to in Article 2f of Directives 89/665/EEC and 92/13/EEC in those notices. |
| --- | --- |

(2)

The standard forms for contract award notices are set out in Annexes III and VI to Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council (6). In order to ensure the full effectiveness of Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC, the standard forms of those notices should be adapted so that contracting entities and contracting authorities could include the justification referred to in Article 2f of Directives 89/665/EEC and 92/13/EEC in those notices.

| (3) | Directives 89/665/EEC and 92/13/EEC provide for a notice for voluntary ex ante transparency to be used in order to ensure pre-contractual transparency on a voluntary basis. It is necessary to establish a standard form for that notice. |
| --- | --- |

(3)

Directives 89/665/EEC and 92/13/EEC provide for a notice for voluntary ex ante transparency to be used in order to ensure pre-contractual transparency on a voluntary basis. It is necessary to establish a standard form for that notice.

| (4) | Regulation (EC) No 1564/2005 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EC) No 1564/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1564/2005 is amended as follows:

| 1. | The title is replaced by the following:

  ‘Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the field of public procurement’; |
| --- | --- |

1.

The title is replaced by the following:

‘Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the field of public procurement’;

| 2. | after the first citation, the following legal bases are inserted:
  ‘Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (*1), and in particular Article 3a thereof,
  Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*2), and in particular Article 3a thereof,

  (*1)  
  OJ L 395, 30.12.1989, p. 33."


  (*2)  
  OJ L 76, 23.3.1992, p. 14.’;" |
| --- | --- |

2.

after the first citation, the following legal bases are inserted:

‘Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (*1), and in particular Article 3a thereof,

Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (*2), and in particular Article 3a thereof,

(*1)  
  OJ L 395, 30.12.1989, p. 33."

(*2)  
  OJ L 76, 23.3.1992, p. 14.’;"

| 3. | the following Article 2a is inserted:

  ‘Article 2a
  Contracting authorities and contracting entities shall, from the date of entry into force of the respective national measures transposing Directive 2007/66/EC of the European Parliament and of the Council (*3) and from 21 December 2009 at the latest, use, for the publication of the notice referred to in Article 3a of Directives 89/665/EEC and 92/13/EEC in the Official Journal of the European Union, the standard form set out in Annex XIV to this Regulation.


  (*3)  
  OJ L 335, 20.12.2007, p. 31.’;" |
| --- | --- |

3.

the following Article 2a is inserted:

‘Article 2a

Contracting authorities and contracting entities shall, from the date of entry into force of the respective national measures transposing Directive 2007/66/EC of the European Parliament and of the Council (*3) and from 21 December 2009 at the latest, use, for the publication of the notice referred to in Article 3a of Directives 89/665/EEC and 92/13/EEC in the Official Journal of the European Union, the standard form set out in Annex XIV to this Regulation.

(*3)  
  OJ L 335, 20.12.2007, p. 31.’;"

*3

| 4. | Annex III is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

4.

Annex III is replaced by the text set out in Annex I to this Regulation;

| 5. | Annex VI is replaced by the text set out in Annex II to this Regulation; |
| --- | --- |

5.

Annex VI is replaced by the text set out in Annex II to this Regulation;

| 6. | The text set out in Annex III to this Regulation is added as Annex XIV. |
| --- | --- |

6.

The text set out in Annex III to this Regulation is added as Annex XIV.

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, 10 November 2009.

For the Commission

Charlie McCREEVY

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 33.

1

(2)  
  OJ L 76, 23.3.1992, p. 14.

2

(3)  
  OJ L 134, 30.4.2004, p. 1.

3

(4)  
  OJ L 134, 30.4.2004, p. 114.

4

(5)  
  OJ L 335, 20.12.2007, p. 31.

5

(6)  
  OJ L 257, 1.10.2005, p. 1.

6

---

ANNEX I

Image 1

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

CONTRACT AWARD NOTICE

SECTION I: CONTRACTING AUTHORITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax:

Internet address(es) (if applicable)

General address of the contracting authority (URL):

Address of the buyer profile (URL):

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES

Ministry or any other national or federal authority, including their regional or local subdivisions

National or federal agency/office

Regional or local authority

Regional or local agency/office

Body governed by public law

European institution/agency or international organisation

Other (please specify):

General public services

Defence

Public order and safety

Environment

Economic and financial affairs

Health

Housing and community amenities

Social protection

Recreation, culture and religion

Education

Other (please specify):

The contracting authority is purchasing on behalf of other contracting authorities

yes

no

1

Standard Form 3 – EN

Image 2

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

a) Works

b) Supplies

c) Services

Execution

Purchase

Service category

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities

Rental

In case of contract for service categories 17 to 27 (see Annex C), do you agree to the publication of this notice?

yes

no

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system (DPS)

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

...–

– –

Additional object(s)

...–

...–

...–

...–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

2 Standard Form 3 – EN

Image 3

II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only) (Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

3

Standard Form 3 – EN

Image 4

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Open

Negotiated with a call for competition

Restricted

Accelerated negotiated

Accelerated restricted

Negotiated without a call for competition

Competitive dialogue

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points k) and l) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (please tick the relevant box)

Lowest price

or

The most economically advantageous tender in terms of

Criteria

Weighting

Criteria

Weighting

1.

6.

2.

7.

3.

8.

4.

9.

5.

10.

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting authority (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Prior information notice

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Voluntary ex ante transparency notice

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

4

Standard Form 3 – EN

Image 5

SECTION V: AWARD OF CONTRACT

CONTRACT NO

LOT NO

TITLE

V.1) DATE OF CONTRACT AWARD DECISION: // (dd/mm/yyyy)

V.2) NUMBER OF OFFERS RECEIVED:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.4) INFORMATION ON VALUE OF CONTRACT (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value (please give):

number of years or number of months

V.5) THE CONTRACT IS LIKELY TO BE SUBCONTRACTED (if applicable)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

... (Use this section as many times as needed) ...

5

Standard Form 3 – EN

Image 6

SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

6

Standard Form 3 – EN

Image 7

ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services 9

27

Other services

1 Service categories within the meaning of Article 20, Annex IIA to Directive 2004/18/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Services categories within the meaning of Article 21, Annex IIB to Directive 2004/18/EC.

8 Except employment contracts.

9 Except contracts for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.

7

Standard Form 3 – EN

Image 8

ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant Articles in Directive 2004/18/EC.

(In terms of Directive 89/665/EEC on Remedies, as amended by Directive 2007/66/EC, the time limit for application for review referred to in Article 2f(1)(a), first indent, can be reduced if the notice contains a justification of the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. In order to benefit from this reduced time limit, please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Article 31 of Directive 2004/18/EC

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure.

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

k) The contract has as its object services listed in Annex IIB to the Directive.

l) The contract falls outside the scope of application of the Directive.

8

Standard Form 3 – EN

Image 9

In order to benefit from the reduced time limit referred to above, in addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the Articles in Directive 2004/18/EC (500 words maximum).

9

Standard Form 3 – EN

---

ANNEX II

Image 10

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

CONTRACT AWARD NOTICE – UTILITIES

SECTION I: CONTRACTING ENTITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax:

Internet address(es) (if applicable)

General address of the contracting entity (URL):

Address of the buyer profile (URL):

I.2) MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY

Production, transport and distribution of gas and heat

Electricity

Exploration and extraction of gas and oil

Exploration and extraction of coal and other solid fuels

Water

Postal services

Railway services

Urban railway, tramway, trolleybus or bus services

Port-related activitiess

Airport-related activities

1

Standard Form 6 – EN

Image 11

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

(a) Works

(b) Supplies

(c) Services

Execution

Purchase

Service category:

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting entities

Rental

In case of contract for service categories 17 to 27 (see Annex C), do you agree to the publication of this notice?

yes

no

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

...–

– –

Additional object(s)

...–

...–

...–

...–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

2

Standard Form 6 – EN

Image 12

II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only) (Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

3

Standard Form 6 – EN

Image 13

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Open

Negotiated with a call for competition

Restricted

Negotiated without a call for competition

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points k) and l) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (if appropriate)

(Indicate the award criteria under heading V.2.6) if the information is not destined for publication)

Lowest price

or

The most economically advantageous tender

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting entity (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Periodic indicative notice

Notice on qualification system

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Voluntary ex ante transparency notice

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

4

Standard Form 6 – EN

Image 14

SECTION V: AWARD OF CONTRACT

V.1) AWARD AND CONTRACT VALUE

CONTRACT NO

LOT NO

TITLE

(Please indicate the identity of successful economic operator(s) and contract value below or in section V.2) if the information is not intended for publication)

V.1.1) Date of contract award decision: // (dd/mm/yyyy)

V.1.2) Number of offers received:

V.1.3) Name and address of economic operator in favour of whom a contract award decision has been taken

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.1.4) Information on value of contract (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value, please give:

number of years:

or number of months:

V.1.5) The contract is likely to be subcontracted (if appropriate)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

V.1.6) Price paid for bargain purchases (if applicable)

Value excluding VAT (give figures only): ,

Currency:

... (Use this section as many times as needed) ...

5

Standard Form 6 – EN

Image 15

V.2) AWARD AND CONTRACT VALUE – MANDATORY INFORMATION NOT INTENDED FOR PUBLICATION

The Commission will respect any sensitive commercial aspects which the contracting entities may point out when forwarding information provided under this section, concerning the number of tenders received, the identity of economic operators, or prices.

(Please complete the headings V.2.1), V.2.4) and V.2.6) for each contract awarded if the information required is not intended for publication and has not been supplied in the preceding sections)

CONTRACT NO

LOT NO

TITLE

V.2.1) Number of offers received:

V.2.2) Number of contracts awarded:

V.2.3) Name and address of economic operator in favour of whom a contract award decision has been taken

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.2.4) Total final value of the contract excluding VAT (give figures only)

,

Currency:

V.2.5) Country of origin of the product or service

Community origin

Non-Community origin

Country:

V.2.6) Award criteria

Lowest price

or

The most economically advantageous tender

V.2.7) The contract was awarded to a tenderer who submitted a variant

yes

no

V.2.8) Tenders were excluded on the ground that they were abnormally low

yes

no

... (Use this section as many times as needed) ...

6

Standard Form 6 – EN

Image 16

SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

7

Standard Form 6 – EN

Image 17

ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services

27

Other services

1 Service categories within the meaning of Article 31, Annex XVIIA to Directive 2004/17/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Service categories within the meaning of Article 32, Annex XVIIB to Directive 2004/17/EC.

8 Except employment contracts.

8

Standard Form 6 – EN

Image 18

ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant Articles in Directive 2004/17/EC.

(In terms of Directive 92/13/EEC on Remedies, as amended by Directive 2007/66/EC, the time limit for application for review referred to in Article 2f(1)(a), first indent, can be reduced if the notice contains a justification of the contracting entity’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. In order to benefit from this reduced time limit, please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Article 40(3) of Directive 2004/17/EC

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure,

negotiated procedure with prior call for competition.

b) The contract involved is purely for the purpose of research, experiment, study or development under the conditions stated in the Directive.

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) For contracts to be awarded on the basis of a framework agreement in conformity with the Directive

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

k) The contract has as its object services listed in Annex XVIIB to the Directive.

l) The contract falls outside the scope of application of the Directive.

9

Standard Form 6 – EN

Image 19

In order to benefit from the reduced time limit referred to above, in addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the Articles in Directive 2004/17/EC (500 words maximum).

10

Standard Form 6 – EN

---

ANNEX III

Image 20

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

VOLUNTARY EX ANTE TRANSPARENCY NOTICE

This notice is published by a

contracting authority (covered by Directive 2004/18/EC)

contracting entity (covered by Directive 2004/17/EC)

This notice aims at providing voluntary prior transparency as referred to in Article 2d(4) of Directives 89/665/EEC and 92/13/EEC on Remedies, as amended by Directive 2007/66/EC (information on the award of the contract without prior publication of a contract notice in the Official Journal of the European Union). In order to use this mechanism, the following boxes must be filled in: I.1); II.1.1); II.1.2); II.1.4); II.1.5); V.3) and Annex D. The remaining boxes are optional and can be used to provide any other information deemed useful by the contracting authority.

SECTION I: CONTRACTING AUTHORITY/ENTITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax

Internet address(es) (if applicable)

General address of the contracting authority/entity (URL):

Address of the buyer profile (URL):

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES (in the case of a contracting authority covered by Directive 2004/18/EC)

Ministry or any other national or federal authority, including their regional or local subdivisions

National or federal agency/office

Regional or local authority

Regional or local agency/office

Body governed by public law

European institution/agency or international organisation

Other (please specify):

General public services

Defence

Public order and safety

Environment

Economic and financial affairs

Health

Housing and community amenities

Social protection

Recreation, culture and religion

Education

Other (please specify):

The contracting authority is purchasing on behalf of other contracting authorities

yes

no

1

Standard Form 15 – EN

Image 21

I.3) MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY (in the case of a contracting entity covered by Directive 2004/17/EC — ‘Utilities’)

Production, transport and distribution of gas and heat

Electricity

Exploration and extraction of gas and oil

Exploration and extraction of coal and other solid fuels

Water

Postal services

Railway services

Urban railway, tramway, trolleybus or bus services

Port-related activities

Airport-related activities

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

a) Works

b) Supplies

c) Services

Execution

Purchase

Service category:

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities/entities

Rental

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system (DPS)

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

...–

– –

Additional object(s)

...–

...–

...–

...–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

2

Standard Form 15 – EN

Image 22

II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only)

(Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer ,

at

,

and highest offer ,

taken into consideration

Currency:

3

Standard Form 15 – EN

Image 23

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Negotiated without a call for competition

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points l) and m) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D in full

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (please tick the relevant box)

Lowest price

or

The most economically advantageous tender in terms of

Criteria (for contracting authorities)

1.

2.

3.

4.

5.

Weighting

Criteria (for contracting authorities)

6.

7.

8.

9.

10.

Weighting

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting authority/entity (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Periodic indicative notice

Notice on qualification systems

Prior information notice

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

4

Standard Form 15 – EN

Image 24

SECTION V: AWARD OF CONTRACT

CONTRACT NO

LOT NO

TITLE

V.1) DATE OF CONTRACT AWARD DECISION: // (dd/mm/yyyy)

V.2) NUMBER OF OFFERS RECEIVED:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail (if applicable):

Telephone:

Internet address (URL) (if applicable):

Fax

V.4) INFORMATION ON VALUE OF CONTRACT (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value (please give):

number of years:

or number of months:

V.5) THE CONTRACT IS LIKELY TO BE SUBCONTRACTED (if appropriate)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

... (Use this section as many times as needed) ...

5

Standard Form 15 – EN

Image 25

SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

6

Standard Form 15 – EN

Image 26

ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services 9

27

Other services

1 Service categories within the meaning of Article 31, Annex XVIIA to Directive 2004/17/EC and/or Article 20, Annex IIA to Directive 2004/18/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to the relevant directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Service categories within the meaning of Article 32, Annex VIIB to Directive 2004/17/EC and/or Article 21, Annex IIB to Directive 2004/18/EC.

8 Except employment contracts.

9 Except contracts for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time (for contracting authorities).

7

Standard Form 15 – EN

Image 27

ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant articles in Directive 2004/18/EC for contracting authorities or in Directive 2004/17/EC for contracting entities

(please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC or 2004/17/EC respectively

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure,

negotiated procedure with prior call for competition (for utilities only).

b) The contract involved is purely for the purpose of research, experiment, study or development under the conditions stated in the relevant Directive (for supplies only under Directive 2004/18/EC).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting authority/entity and in accordance with the strict conditions stated in the relevant Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the relevant Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the relevant Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria (for contracting authorities only).

k) For contracts to be awarded on the basis of a framework agreement in conformity with the relevant Directive (for utilities only).

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

l) The contract has as its object services listed in Annex IIB to Directive 2004/18/EC or in Annex XVIIB to Directive 2004/17/EC.

m) The contract falls outside the scope of application of the relevant Directive.

8

Standard Form 15 – EN

Image 28

In addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum).

9

Standard Form 15 – EN

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/36 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/36

---

COMMISSION REGULATION (EC) No 1151/2009

of 27 November 2009

imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC

(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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,

Whereas:

| (1) | Commission Decision 2008/433/EC of 10 June 2008 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (2) has been adopted to protect public health following the findings in April 2008 of high levels of mineral paraffin in sunflower oil from Ukraine. |
| --- | --- |

(1)

Commission Decision 2008/433/EC of 10 June 2008 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (2) has been adopted to protect public health following the findings in April 2008 of high levels of mineral paraffin in sunflower oil from Ukraine.

| (2) | The Ukrainian authorities have informed the Commission services of the establishment of an appropriate control system designed to ensure that all consignments of sunflower oil to be exported to the Community are certified as not containing levels of mineral oil making the sunflower oil unfit for human consumption. |
| --- | --- |

(2)

The Ukrainian authorities have informed the Commission services of the establishment of an appropriate control system designed to ensure that all consignments of sunflower oil to be exported to the Community are certified as not containing levels of mineral oil making the sunflower oil unfit for human consumption.

| (3) | The details of this control and certification system have been assessed by the Commission services and the Member States and discussed during the meeting of the Standing Committee on the Food Chain and Animal Health held on 20 June 2008. It was concluded that this control and certification system could be accepted. |
| --- | --- |

(3)

The details of this control and certification system have been assessed by the Commission services and the Member States and discussed during the meeting of the Standing Committee on the Food Chain and Animal Health held on 20 June 2008. It was concluded that this control and certification system could be accepted.

| (4) | The Food and Veterinary Office of the European Commission carried out an inspection mission in Ukraine from 16 to 24 September 2008 in order to assess the control systems in place to prevent the contamination with mineral oil of sunflower oil intended for export to the Community (3). The inspection team concluded that the Ukrainian authorities have implemented the new official control system to prevent the presence of mineral oil in sunflower oil destined for the Community and that the control system provided sufficient guarantees for that purpose. However, these findings showed that the investigation carried out by the Ukrainian authorities had not revealed the source of the contamination due to the lack of official sampling and subsequent follow-up. |
| --- | --- |

(4)

The Food and Veterinary Office of the European Commission carried out an inspection mission in Ukraine from 16 to 24 September 2008 in order to assess the control systems in place to prevent the contamination with mineral oil of sunflower oil intended for export to the Community (3). The inspection team concluded that the Ukrainian authorities have implemented the new official control system to prevent the presence of mineral oil in sunflower oil destined for the Community and that the control system provided sufficient guarantees for that purpose. However, these findings showed that the investigation carried out by the Ukrainian authorities had not revealed the source of the contamination due to the lack of official sampling and subsequent follow-up.

| (5) | Given the level of risk and in accordance with Article 1(4) of Decision 2008/433/EC, Member States have controlled all consignments of sunflower oil originating from Ukraine in order to verify that these consignments do not contain an unacceptable level of mineral oil and that the information in the required certificate is accurate. The results of those controls demonstrate the accuracy and reliability of the control and certification system put in place by the Ukrainian authorities. All analytical results have confirmed the correctness of mineral oil levels declared in the certificate. |
| --- | --- |

(5)

Given the level of risk and in accordance with Article 1(4) of Decision 2008/433/EC, Member States have controlled all consignments of sunflower oil originating from Ukraine in order to verify that these consignments do not contain an unacceptable level of mineral oil and that the information in the required certificate is accurate. The results of those controls demonstrate the accuracy and reliability of the control and certification system put in place by the Ukrainian authorities. All analytical results have confirmed the correctness of mineral oil levels declared in the certificate.

| (6) | It is appropriate to provide that the sampling of consignments of sunflower oil for the presence of mineral oil has to be performed in accordance with the provisions on sampling laid down in Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (4) and the international standard ISO 5555:2003 on sampling of animal and vegetable fats and oils. |
| --- | --- |

(6)

It is appropriate to provide that the sampling of consignments of sunflower oil for the presence of mineral oil has to be performed in accordance with the provisions on sampling laid down in Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (4) and the international standard ISO 5555:2003 on sampling of animal and vegetable fats and oils.

| (7) | Consequently, it is appropriate to review the current measures. Given that the amendments are substantial, the provisions have a direct application and are binding in their entirety, Decision 2008/433/EC should be replaced by this Regulation, which could be reviewed at a later stage on the basis of the results of the controls carried out by the Member States. |
| --- | --- |

(7)

Consequently, it is appropriate to review the current measures. Given that the amendments are substantial, the provisions have a direct application and are binding in their entirety, Decision 2008/433/EC should be replaced by this Regulation, which could be reviewed at a later stage on the basis of the results of the controls carried out by the Member States.

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

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation shall apply to crude and refined sunflower seed oil, falling within CN code 1512 11 91 or TARIC Code 1512199010 (hereafter referred to as sunflower oil), originating in or consigned from Ukraine.

Article 2

Definitions

For the purpose of this Regulation, ‘mineral paraffin’ means saturated hydrocarbons in the range C10-C56 from external sources minus the alkanes C27, C29 and C31 which are considered to be of endogenous origin for sunflower oil.

Article 3

Certification and prior notification

1.   Sunflower oil imported into the Community shall not contain more than 50 mg/kg mineral paraffin.

2.   Each consignment of sunflower oil presented for import shall be accompanied by a certificate as laid down in Annex, certifying that the product does not contain more than 50 mg/kg mineral paraffin and by an analytical report, issued by a laboratory accredited according to EN ISO/IEC 17025 for the analysis of mineral oil in sunflower oil, indicating the results of sampling and analysis for the presence of mineral oil, the measurement uncertainty of the analytical result, as well as the limit of detection (LOD) and the limit of quantification (LOQ) of the analytical method.

3.   The certificate accompanied by the analytical report shall be signed by an authorised representative of the Ministry of Health of Ukraine.

4.   Each consignment of sunflower oil shall be identified by means of a code which shall be indicated on the health certificate, on the analytical report containing the results of sampling and analysis, and on the commercial documents accompanying the consignment.

5.   The analysis referred to in paragraph 2 must be performed on a sample, taken in accordance with the provisions of Regulation (EC) No 333/2007 and the international standard ISO 5555:2003.

6.   Feed and food business operators or their representatives shall give prior notification to the first point of entry of the estimated date and time of physical arrival of the consignment at least one working day prior to the physical arrival of the consignment.

Article 4

Official control

1.   The competent authorities of a Member State shall check that each consignment of sunflower oil presented for import is accompanied by a certificate and an analytical report as provided for in Article 3(2).

Member States shall sample and analyse for the presence of mineral paraffin certain, selected on a random basis, consignments of sunflower oil presented for import into the Community, in order to ensure that the consignment does not contain more than 50 mg/kg mineral paraffin.

Member States shall inform the Commission through the rapid alert system for food and feed of all consignments which are found to contain mineral paraffin above 50 mg/kg taking into account the measurement uncertainty.

2.   All official controls before the acceptance for release for free circulation into the Community shall be performed within 15 working days from the moment the consignment is offered for import and physically available for sampling.

Article 5

Splitting of a consignment

Consignments shall not be split until the official controls by the competent authority as provided for in Article 4 have been completed.

In the case of subsequent splitting of the consignment, a copy of the official documents provided for in Article 3(2), to be authenticated by the competent authority of the Member State on whose territory the splitting has taken place, shall accompany each part of the consignment until it is released for free circulation.

Article 6

Non-compliance measures

Measures in respect of non-compliant consignments of sunflower oil shall be taken in accordance with Article 19 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official control performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (5).

5

Article 7

Costs

All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the feed and food business operator.

Article 8

Repeal

Decision 2008/433/EC is hereby repealed.

References to the repealed Decision shall be construed as references to this Regulation.

Article 9

Transitional measures

By way of derogation from Article 3(2), Member States shall authorise the imports of consignments of sunflower oil originating in or consigned from Ukraine which left Ukraine prior to 1 January 2010, accompanied by the certificate provided for in Article 1 of Decision 2008/433/EC.

Article 10

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2010.

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

Done at Brussels, 27 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

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

1

(2)  
  OJ L 151, 11.6.2008, p. 55.

2

(3)  http://ec.europa.eu/food/fvo/rep_details_en.cfm?rep_id=2080

3

(4)  
  OJ L 88, 29.3.2007, p. 29.

4

(5)  
  OJ L 165, 30.4.2004, p. 1.

5

---

ANNEX

Image 29

Health Certificate for the importation into the European Community of sunflower oil originating in or consigned from Ukraine

Consignment Code ...

Certificate Number ...

1. Description of the consignment

Name and nature of the product: ...

Quantity (in appropriate units): ...

Batch identifier or date coding: ...

Produced in ...

(Identity and, as appropriate, the location of the production establishment)

2. Description of the consignee

Name and contact details of the importer or consignee: ...

3. Description of the consignor

Name and contact details of the exporter or consignor: ...

4. Means of transportation

Country of dispatch:

Country of destination:

Relevant transport and handling requirements, including appropriate temperature controls:

5. Certification

I, the undersigned, declare that the above mentioned shipment has been tested in laboratory ... in accordance with the provision laid down in Commission Regulation (EC) No XXX/2009 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil and repealing Decision 2008/433/EC. The test results show no presence of mineral paraffin exceeding 50 mg/kg and are accompanied by the identified fraction of paraffin hydrocarbons. The results, the performance criteria and the relevant chromatograms of these tests are joined to the current certificate.

Done at ... on ...

Stamp and signature of authorised representative of Ministry of Health of Ukraine

Institution of sanitary epidemiology service

Signature

Post

Initials and surname

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/40 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/40

---

COMMISSION REGULATION (EC) No 1152/2009

of 27 November 2009

imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC

(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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,

Whereas:

| (1) | Commission Decision 2006/504/EC of 12 July 2006 on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins (2), has been amended substantially several times. It is necessary to amend again certain provisions substantially to take into account particularly developments as regards aflatoxin contamination of certain products covered by that Decision. At the same time, the provisions should have a direct application and be binding in their entirety, therefore Decision 2006/504/EC should be replaced by this Regulation. |
| --- | --- |

(1)

Commission Decision 2006/504/EC of 12 July 2006 on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins (2), has been amended substantially several times. It is necessary to amend again certain provisions substantially to take into account particularly developments as regards aflatoxin contamination of certain products covered by that Decision. At the same time, the provisions should have a direct application and be binding in their entirety, therefore Decision 2006/504/EC should be replaced by this Regulation.

| (2) | Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (3) lays down permitted maximum levels of aflatoxins in foodstuffs for the protection of public health. It can be observed that these maximum levels of aflatoxins are frequently exceeded in certain foodstuffs from certain countries. Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at the Community level. |
| --- | --- |

(2)

Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (3) lays down permitted maximum levels of aflatoxins in foodstuffs for the protection of public health. It can be observed that these maximum levels of aflatoxins are frequently exceeded in certain foodstuffs from certain countries. Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at the Community level.

| (3) | For the protection of public health it is important that compound foodstuffs containing to a significant amount the foodstuffs covered by this Regulation are also within the scope of this Regulation. To facilitate the enforcement of controls of processed and compound foodstuffs whilst maintaining a high level of effectiveness of controls, it is appropriate to increase the threshold for control of compound products. For the same reason, the limit of 5 kg for consignments falling out of scope should be increased to 20 kg. Competent authorities may control at random for the presence of aflatoxins the compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation. When monitoring data indicate that compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation have been found in several cases to be non-compliant with the Community legislation on maximum levels for aflatoxins, these thresholds should be reviewed. |
| --- | --- |

(3)

For the protection of public health it is important that compound foodstuffs containing to a significant amount the foodstuffs covered by this Regulation are also within the scope of this Regulation. To facilitate the enforcement of controls of processed and compound foodstuffs whilst maintaining a high level of effectiveness of controls, it is appropriate to increase the threshold for control of compound products. For the same reason, the limit of 5 kg for consignments falling out of scope should be increased to 20 kg. Competent authorities may control at random for the presence of aflatoxins the compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation. When monitoring data indicate that compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation have been found in several cases to be non-compliant with the Community legislation on maximum levels for aflatoxins, these thresholds should be reviewed.

| (4) | The Combined Nomenclature (CN) code has changed for certain food categories covered by this Regulation. It is appropriate to change the CN codes in this Regulation accordingly. |
| --- | --- |

(4)

The Combined Nomenclature (CN) code has changed for certain food categories covered by this Regulation. It is appropriate to change the CN codes in this Regulation accordingly.

| (5) | Experience has shown that the additional conditions for non-compliant shipments of unshelled Brazil nuts imported from Brazil are no longer necessary, since such shipments can be handled in accordance with the general provisions for non-compliant shipments and those additional conditions should therefore be repealed. As regards the imports of foodstuffs from the United States of America, since the transitional provisions for non-USDA approved laboratories for aflatoxin analysis are no longer needed, those transitional provisions should be repealed. |
| --- | --- |

(5)

Experience has shown that the additional conditions for non-compliant shipments of unshelled Brazil nuts imported from Brazil are no longer necessary, since such shipments can be handled in accordance with the general provisions for non-compliant shipments and those additional conditions should therefore be repealed. As regards the imports of foodstuffs from the United States of America, since the transitional provisions for non-USDA approved laboratories for aflatoxin analysis are no longer needed, those transitional provisions should be repealed.

| (6) | Commission Regulation (EC) 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (4) provides for the use of a Common Entry Document for prior notification of arrival of consignments and information on the official checks performed. It is appropriate to provide for the use of that document and to lay down specific guidance notes for the completion thereof in application of this Regulation. |
| --- | --- |

(6)

Commission Regulation (EC) 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (4) provides for the use of a Common Entry Document for prior notification of arrival of consignments and information on the official checks performed. It is appropriate to provide for the use of that document and to lay down specific guidance notes for the completion thereof in application of this Regulation.

| (7) | In the light of the number and nature of notifications in the Rapid Alert System for Food and Feed, trade volumes, the outcome of inspections of the Food and Veterinary Office and the outcome of controls, the existing control frequencies should be reviewed. |
| --- | --- |

(7)

In the light of the number and nature of notifications in the Rapid Alert System for Food and Feed, trade volumes, the outcome of inspections of the Food and Veterinary Office and the outcome of controls, the existing control frequencies should be reviewed.

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

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation shall apply to the import of the following foodstuffs and of the foodstuffs processed and compound thereof:

| (a) | The following foodstuffs originating in or consigned from Brazil:






  (i) | Brazil nuts in shell falling within category CN code 0801 21 00; |
| --- | --- | --- |

(a)

The following foodstuffs originating in or consigned from Brazil:

(i)

Brazil nuts in shell falling within category CN code 0801 21 00;

| (ii) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell; |
| --- | --- |

(ii)

mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell;

| (b) | The following foodstuffs originating in or consigned from China:






  (i) | groundnuts falling within CN code 1202 10 90 or 1202 20 00; |
| --- | --- | --- |

(b)

The following foodstuffs originating in or consigned from China:

(i)

groundnuts falling within CN code 1202 10 90 or 1202 20 00;

| (ii) | groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(ii)

groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);

| (iii) | roasted groundnuts falling within CN codes 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(iii)

roasted groundnuts falling within CN codes 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);

| (c) | The following foodstuffs originating in or consigned from Egypt:






  (i) | groundnuts falling within CN code 1202 10 90 or 1202 20 00; |
| --- | --- | --- |

(c)

The following foodstuffs originating in or consigned from Egypt:

(i)

groundnuts falling within CN code 1202 10 90 or 1202 20 00;

| (ii) | groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(ii)

groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);

| (iii) | roasted groundnuts falling within CN codes 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(iii)

roasted groundnuts falling within CN codes 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);

| (d) | The following foodstuffs originating in or consigned from Iran:






  (i) | pistachios falling within CN code 0802 50 00; |
| --- | --- | --- |

(d)

The following foodstuffs originating in or consigned from Iran:

(i)

pistachios falling within CN code 0802 50 00;

| (ii) | roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(ii)

roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);

| (e) | The following foodstuffs originating in or consigned from Turkey:






  (i) | dried figs falling within CN code 0804 20 90; |
| --- | --- | --- |

(e)

The following foodstuffs originating in or consigned from Turkey:

(i)

dried figs falling within CN code 0804 20 90;

| (ii) | hazelnuts (Corylus spp.) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00; |
| --- | --- |

(ii)

hazelnuts (Corylus spp.) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00;

| (iii) | pistachios falling within CN code 0802 50 00; |
| --- | --- |

(iii)

pistachios falling within CN code 0802 50 00;

| (iv) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios; |
| --- | --- |

(iv)

mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios;

| (v) | fig paste, pistachio paste and hazelnut paste falling within CN codes 1106 30 90, 2007 10 or 2007 99; |
| --- | --- |

(v)

fig paste, pistachio paste and hazelnut paste falling within CN codes 1106 30 90, 2007 10 or 2007 99;

| (vi) | hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19; |
| --- | --- |

(vi)

hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19;

| (vii) | flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90; |
| --- | --- |

(vii)

flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90;

| (viii) | cut, sliced and broken hazelnuts falling within CN 0802 22 00 and 2008 19; |
| --- | --- |

(viii)

cut, sliced and broken hazelnuts falling within CN 0802 22 00 and 2008 19;

| (f) | The following foodstuffs originating in or consigned from the United States of America, which are covered by the Voluntary Aflatoxin Sampling Plan set up by the Almond Board of California in May 2006 (the Voluntary Aflatoxin Sampling Plan):






  (i) | almonds in shell or shelled falling within CN code 0802 11 or 0802 12; |
| --- | --- | --- |

(f)

The following foodstuffs originating in or consigned from the United States of America, which are covered by the Voluntary Aflatoxin Sampling Plan set up by the Almond Board of California in May 2006 (the Voluntary Aflatoxin Sampling Plan):

(i)

almonds in shell or shelled falling within CN code 0802 11 or 0802 12;

| (ii) | roasted almonds falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(ii)

roasted almonds falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);

| (iii) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds; |
| --- | --- |

(iii)

mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds;

| (g) | The following foodstuffs imported from the United States of America, which are not covered by the Voluntary Aflatoxin Sampling Plan:






  (i) | almonds in shell or shelled falling within CN code 0802 11 or 0802 12; |
| --- | --- | --- |

(g)

The following foodstuffs imported from the United States of America, which are not covered by the Voluntary Aflatoxin Sampling Plan:

(i)

almonds in shell or shelled falling within CN code 0802 11 or 0802 12;

| (ii) | roasted almonds falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg); |
| --- | --- |

(ii)

roasted almonds falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);

| (iii) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds. |
| --- | --- |

(iii)

mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds.

2.   Paragraph 1 shall not apply to consignments of foodstuffs of a gross weight not exceeding 20 kg, or to processed or compound foodstuffs containing the foodstuffs referred to in points (b) to (g) of paragraph 1 in a quantity below 20 %.

Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 and in Article 2 of Regulation (EC) No 882/2004 of the European Parliament and of the Council (5) shall apply.

5

In addition, the following definitions shall apply:

| (a) | ‘designated points of import’ means any point designated by the competent authority, through which the foodstuffs referred to in Article 1 may be imported into the Community; |
| --- | --- |

(a)

‘designated points of import’ means any point designated by the competent authority, through which the foodstuffs referred to in Article 1 may be imported into the Community;

| (b) | ‘first point of introduction’ means the point of first physical introduction of a consignment into the Community. |
| --- | --- |

(b)

‘first point of introduction’ means the point of first physical introduction of a consignment into the Community.

Article 3

Import into the Community

Consignments of foodstuffs referred to in Article 1 (hereafter referred to as foodstuffs), may only be imported into the Community in accordance with the procedures laid down in this Regulation.

Article 4

Health certificate and results of sampling and analysis

1.   Foodstuffs presented for import into the Community shall be accompanied by the results of sampling and analysis and a health certificate in accordance with the model set out in Annex I, completed, signed and verified by an authorised representative of:

| (a) | the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) for foodstuffs from Brazil; |
| --- | --- |

(a)

the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) for foodstuffs from Brazil;

| (b) | the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China for foodstuffs from China; |
| --- | --- |

(b)

the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China for foodstuffs from China;

| (c) | the Egyptian Ministry of Agriculture for foodstuffs from Egypt; |
| --- | --- |

(c)

the Egyptian Ministry of Agriculture for foodstuffs from Egypt;

| (d) | the Iranian Ministry of Health for foodstuffs from Iran; |
| --- | --- |

(d)

the Iranian Ministry of Health for foodstuffs from Iran;

| (e) | the General Directorate of protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey for foodstuffs from Turkey; |
| --- | --- |

(e)

the General Directorate of protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey for foodstuffs from Turkey;

| (f) | the United States Department of Agriculture (USDA) for foodstuffs from the United States of America. |
| --- | --- |

(f)

the United States Department of Agriculture (USDA) for foodstuffs from the United States of America.

2.   The health certificates shall be drawn up in an official language of the exporting country and in an official language of the importing Member State.

The competent authorities concerned may decide to use any other language understandable for certifying officers or control officials concerned.

3.   The health certificate provided for in paragraph 1 shall only be valid for imports of foodstuffs into the Community not later than four months from the date of issue.

4.   The sampling and the analysis referred to in paragraph 1 must be performed in accordance with Commission Regulation (EC) No 401/2006 (6) or equivalent.

5.   Each consignment of foodstuffs shall be identified with a code which corresponds to the code on the results of the sampling and analysis and the health certificate referred to in paragraph 1. Each individual bag, or other packaging form, of the consignment shall be identified with that code.

6.   By way of derogation from paragraphs 1 to 5, consignments of foodstuffs referred to in Article 1(1)(g) may be imported into the Community without being accompanied by the results of sampling and analysis and a health certificate.

Article 5

Prior notification of consignments

Food business operators or their representatives shall give prior notification of the estimated date and time of physical arrival of the consignment at the first point of introduction and of the nature of the consignment.

For that purpose, they shall complete Part I of the common entry document (CED) referred to in Article 3 (a) of Commission Regulation (EC) 669/2009 and transmit that document to the competent authority at the first point of introduction, at least one working day prior to the physical arrival of the consignment.

For the completion of the CED in application of this Regulation, food business operators shall take into account the notes for guidance laid down in Annex II.

Article 6

Designated points of import

1.   The competent authorities in Member States shall ensure that the designated points of import comply with following requirements:

| (a) | the presence of trained staff to perform official controls on consignments of foodstuffs; |
| --- | --- |

(a)

the presence of trained staff to perform official controls on consignments of foodstuffs;

| (b) | the availability of detailed instructions regarding sampling and the sending of the samples to the laboratory, in accordance with provisions in Annex I to Regulation (EC) No 401/2006; |
| --- | --- |

(b)

the availability of detailed instructions regarding sampling and the sending of the samples to the laboratory, in accordance with provisions in Annex I to Regulation (EC) No 401/2006;

| (c) | the possibility to perform the unloading and the sampling in a sheltered place at the designated point of import; it must be possible to place the consignment of the foodstuffs under the official control of the competent authority from the designated point of import onwards in cases where the consignment has to be transported in order to perform the sampling; |
| --- | --- |

(c)

the possibility to perform the unloading and the sampling in a sheltered place at the designated point of import; it must be possible to place the consignment of the foodstuffs under the official control of the competent authority from the designated point of import onwards in cases where the consignment has to be transported in order to perform the sampling;

| (d) | the availability of storage rooms, warehouses to store detained consignments of foodstuffs in good conditions while awaiting the results of analysis; |
| --- | --- |

(d)

the availability of storage rooms, warehouses to store detained consignments of foodstuffs in good conditions while awaiting the results of analysis;

| (e) | the availability of unloading equipment and appropriate sampling equipment; |
| --- | --- |

(e)

the availability of unloading equipment and appropriate sampling equipment;

| (f) | the availability of an official laboratory for aflatoxin analysis, situated at a place to which the samples can be transported within a short period of time and which is able to perform the analysis within a due time-limit. |
| --- | --- |

(f)

the availability of an official laboratory for aflatoxin analysis, situated at a place to which the samples can be transported within a short period of time and which is able to perform the analysis within a due time-limit.

2.   The Member States shall maintain and make publicly available an up-to-date list of the designated points of import. The Member States shall communicate them to the Commission.

3.   Food business operators shall ensure the unloading of the consignment of foodstuffs necessary for representative sampling to take place.

In the case of special transport or specific packaging forms, the operator shall make available to the official inspector the appropriate sampling equipment in so far as the sampling cannot be representatively performed with the usual sampling equipment.

Article 7

Official controls

1.   All official controls before the acceptance for release for free circulation into the Community and completion of the common entry document shall be performed within 15 working days from the moment the consignment is offered for import and physically available for sampling at the designated point of import.

2.   The competent authority at the first point of introduction shall ensure that the foodstuffs intended for import into the Community are subject to documentary checks to ensure that the requirements for the results of sampling and analysis and the health certificate provided for in Article 4 are complied with.

Where a consignment of foodstuffs is not accompanied by the results of sampling and analysis and the health certificate provided for in Article 4(1), the consignment may not enter the Community for import into the Community and must be re-dispatched to the country of origin or destroyed.

3.   The competent authority at the first point of introduction shall authorise transfer of the consignment to a designated point of import after favourable completion of the checks referred to in paragraph 2. The original certificate shall accompany the consignment during transfer.

4.   The competent authority at the designated point of import shall take a sample for analysis of aflatoxin B1 and total aflatoxin contamination on certain consignments with a frequency indicated in paragraph 5 and in accordance with Annex I to Regulation (EC) No 401/2006 before release for free circulation into the Community.

5.   The sampling for analysis referred to in paragraph 4 shall be carried out on:

| (a) | 100 % of the consignments of foodstuffs from Brazil; |
| --- | --- |

(a)

100 % of the consignments of foodstuffs from Brazil;

| (b) | approximately 20 % of the consignments of foodstuffs from China; |
| --- | --- |

(b)

approximately 20 % of the consignments of foodstuffs from China;

| (c) | approximately 20 % of the consignments of foodstuffs from Egypt; |
| --- | --- |

(c)

approximately 20 % of the consignments of foodstuffs from Egypt;

| (d) | approximately 50 % of the consignments of foodstuffs from Iran; |
| --- | --- |

(d)

approximately 50 % of the consignments of foodstuffs from Iran;

| (e) | approximately 10 % of the consignments for each category of hazelnuts and derived products from Turkey referred to in Article 1(1)(e)(ii) and (iv) to (viii), approximately 20 % of the consignments for each category of dried figs and derived products from Turkey referred to in Article 1(1)(e)(i) and (iv) to (vii) and approximately 50 % of the consignments for each category of pistachios and derived products from Turkey referred to in Article 1(1)(e)(iii) to (vii); |
| --- | --- |

(e)

approximately 10 % of the consignments for each category of hazelnuts and derived products from Turkey referred to in Article 1(1)(e)(ii) and (iv) to (viii), approximately 20 % of the consignments for each category of dried figs and derived products from Turkey referred to in Article 1(1)(e)(i) and (iv) to (vii) and approximately 50 % of the consignments for each category of pistachios and derived products from Turkey referred to in Article 1(1)(e)(iii) to (vii);

| (f) | a random basis for consignments of foodstuffs from the United States of America, referred to in Article 1(1)(f); |
| --- | --- |

(f)

a random basis for consignments of foodstuffs from the United States of America, referred to in Article 1(1)(f);

| (g) | each consignment of foodstuffs from the United States of America referred to in Article 1(1)(g). |
| --- | --- |

(g)

each consignment of foodstuffs from the United States of America referred to in Article 1(1)(g).

6.   After completion of the checks, the competent authorities shall, for checks carried out by them:

| (a) | complete the relevant part of Part II of the common entry document (CED); |
| --- | --- |

(a)

complete the relevant part of Part II of the common entry document (CED);

| (b) | join the results of sampling and analysis; |
| --- | --- |

(b)

join the results of sampling and analysis;

| (c) | stamp and sign the original of the CED; |
| --- | --- |

(c)

stamp and sign the original of the CED;

| (d) | make and retain a copy of the signed and stamped CED. |
| --- | --- |

(d)

make and retain a copy of the signed and stamped CED.

For the completion of the CED in application of this Regulation, the competent authority shall take into account the notes for guidance laid down in Annex II.

7.   The original of the CED shall accompany the consignment during its transfer until it is released for free circulation.

8.   The release for free circulation of consignments shall be subject to the presentation by the food business operator or their representative to the custom authorities of a common entry document or its electronic equivalent duly completed by the competent authority once all official controls have been carried out and favourable results from physical checks, where such checks are required, are known.

9.   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of foodstuffs. That report shall be submitted during the month following each quarter.

Article 8

Splitting of a consignment

Consignments shall not be split until all official controls have been completed, and the CED has been fully completed by the competent authorities as provided for in Article 7.

In the case of subsequent splitting of the consignment, an authenticated copy of the CED shall accompany each part of the consignment until it is released for free circulation.

Article 9

Additional conditions as regards imports of foodstuffs from the United States of America

1.   As regards imports from the United States of America, the analysis referred to in Article 4(1) must be performed by an USDA approved laboratory for aflatoxin analysis.

2.   The health certificate referred to in Article 4(1) accompanying consignments of foodstuffs referred to in Article 1(1)(f) shall make a reference to the Voluntary Aflatoxin Sampling Plan.

Article 10

Costs

All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the food business operator.

Article 11

Repeal

Decision 2006/504/EC is hereby repealed.

References to the repealed Decision shall be construed as references to this Regulation.

Article 12

Transitional provisions

By way of derogation from Article 4(1), Member States shall authorise the imports of consignments of foodstuffs referred to in Article 1(1) which left the country of origin prior to 1 July 2010 accompanied by a health certificate as provided for by Decision 2006/504/EC.

Article 13

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2010.

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

Done at Brussels, 27 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

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

1

(2)  
  OJ L 199, 21.7.2006, p. 21.

2

(3)  
  OJ L 364, 20.12.2006, p. 5.

3

(4)  
  OJ L 194, 25.7.2009, p. 11.

4

(5)  
  OJ L 165, 30.4.2004, p. 1.

5

(6)  
  OJ L 70, 9.3.2006, p. 12.

6

---

ANNEX I

Health Certificate for the importation into the European Community of

... (*1)

Consignment Code: ...

Certificate Number: ...

According to the provisions of Commission Regulation (EC) NNN/2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC, the ...

...

... (competent authority referred to in Article 4(1))

CERTIFIES that the ...

... (insert foodstuffs referred to in Article 1)

of this consignment composed of: ...

...

... (description of consignment, product, number and type of packages, gross or net weight)

embarked at ... (embarkation place)

by ... (identification of transporter)

going to ... (place and country of destination)

which comes from the establishment ...

... (name and address of establishment)

have been produced, sorted, handled, processed, packaged and transported in line with good hygiene practices.

From this consignment, samples were taken in accordance with Commission Regulation (EC) No 401/2006 on ... (date), subjected to laboratory analysis on ... (date)

in the ... (name of laboratory),

to determine the level of aflatoxin B1 and level of total aflatoxin contamination. The details of sampling, methods of analysis used and all results are attached.

This certificate is valid until ...

Done at: ... on ...

Stamp and signature of authorised representative of competent authority referred to in Article 4(1)

---

(*1)  Product and country of origin.

---

ANNEX II

Notes for guidance for the CED in application of this Regulation in case of imports of foodstuffs from certain third countries, due to contamination risk of these products by aflatoxins

| General: | For the use of the CED in application of this Regulation, whenever ‘DPE’ is mentioned, this should be read as ‘first point of introduction’ or ‘designated point of import’ as stipulated in the specific notes for each box. Whenever ‘control point’ is mentioned, this should be read as ‘designated point of import’.
  Complete the document in capital letters. Notes are shown against the relevant box number. |
| --- | --- |

General:

Complete the document in capital letters. Notes are shown against the relevant box number.

Part I   This section is to be completed by the food business operator or their representative, unless otherwise indicated

| Box I.1. | Consignor: name and full address of the natural or legal person (food business operator) dispatching the consignment. Information on telephone and fax numbers or email address is recommended. |
| --- | --- |

Box I.1.

| Box I.2. | All three fields in this box are to be filled in by the authorities of the designated point of import as defined in Article 2. Attribute a CED reference number in the first box. Indicate the name of the designated point of import and its number respectively in the second and third box. |
| --- | --- |

Box I.2.

| Box I.3. | Consignee: indicate name and full address of the natural or legal person (food business operator) to whom the consignment is destined. Information on telephone and fax numbers or email address is recommended. |
| --- | --- |

Box I.3.

| Box I.4. | Person responsible for the consignment: (also agent, declarant or food business operator) indicate name and full address of the person who is in charge of the consignment when presented to the first point of introduction and makes the necessary declarations to the competent authorities on behalf of the importer. Information on telephone and fax numbers or email address is recommended. |
| --- | --- |

Box I.4.

| Box I.5. | Country of origin: indicate the country where the commodity is originating from, grown, harvested or produced. |
| --- | --- |

Box I.5.

| Box I.6. | Country from where consigned: indicate the country where the consignment was placed aboard the means of final transport for the journey to the Community. |
| --- | --- |

Box I.6.

| Box I.7. | Importer: indicate name and full address. Information on telephone and fax numbers or email address is recommended. |
| --- | --- |

Box I.7.

| Box I.8. | Place of destination: indicate delivery address in the Community. Information on telephone and fax numbers or email address is recommended. |
| --- | --- |

Box I.8.

| Box I.9. | Arrival at the DPE (estimated date): give the estimated date on which the consignment is expected to arrive at the first point of introduction. |
| --- | --- |

Box I.9.

| Box I.10. | Documents: indicate the date of issue and the number of official documents accompanying the consignment, as appropriate. |
| --- | --- |

Box I.10.

| Box I.11. | Means of transport: tick the box to indicate the means of arrival transport.
  Identification: give full details of the means of transport. For aircraft, indicate the flight number. For vessels, indicate the ship’s name. For road vehicles: indicate the registration number plate with trailer number if appropriate. For railway transport: indicate the train identity and wagon number.
  Documentary references: number of airway bill, bill of lading or commercial number for railway or truck. |
| --- | --- |

Box I.11.

Identification: give full details of the means of transport. For aircraft, indicate the flight number. For vessels, indicate the ship’s name. For road vehicles: indicate the registration number plate with trailer number if appropriate. For railway transport: indicate the train identity and wagon number.

Documentary references: number of airway bill, bill of lading or commercial number for railway or truck.

| Box I.12. | Description of the commodity: provide a detailed description of the commodity using the terminology in Article 1. |
| --- | --- |

Box I.12.

| Box I.13. | Commodity code (HS code): use the Harmonised System of the World Customs Organisation. |
| --- | --- |

Box I.13.

| Box I.14. | Gross weight: specify overall weight in kg or tonnes. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.
  Net weight: specify weight of actual product in kg or tonnes, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging. |
| --- | --- |

Box I.14.

Net weight: specify weight of actual product in kg or tonnes, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

| Box I.15. | Number of packages: specify the number of packages in the consignment. |
| --- | --- |

Box I.15.

| Box I.16. | Temperature: tick the appropriate mode of transport/storage temperature. |
| --- | --- |

Box I.16.

| Box I.17. | Type of packaging: identify the type of packaging of products. |
| --- | --- |

Box I.17.

| Box I.18. | Commodity intended for: tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick ‘human consumption’) or is intended for human consumption after such treatment (tick ‘further process’ in this case), or is intended for use as ‘feedingstuff’ (in this case tick ‘feedingstuffs’). In the latter case the provisions of this Regulation do not apply. |
| --- | --- |

Box I.18.

| Box I.19. | Seal number and container number: give all seal and container identification numbers where relevant. |
| --- | --- |

Box I.19.

| Box I.20. | For transfer to Control Point: in case the consignment is intended for import (cf. Box I.22), tick the box and identify the designated point of import. |
| --- | --- |

Box I.20.

| Box I.21. | Not applicable. |
| --- | --- |

Box I.21.

| Box I.22. | For import: tick the box in case the consignment is intended for import. |
| --- | --- |

Box I.22.

| Box I.23. | Not applicable. |
| --- | --- |

Box I.23.

| Box I.24. | Means of transport to Control Point: tick the appropriate means of transport used for transfer to the designated point of import. |
| --- | --- |

Box I.24.

Part II   This section is to be completed by the competent authority

| General: | Box II.1 is to be completed by the competent authority of the designated point of import. Boxes II.2 till II.9 are to be completed by the authorities responsible for the documentary control. Boxes II.10. till II.21 are to be completed by the competent authorities of the designated point of import. |
| --- | --- |

General:

| Box II.1. | CED Reference number: use the same CED reference number as in Box I.2. |
| --- | --- |

Box II.1.

| Box II.2. | Customs Document Reference: for use by customs services if necessary. |
| --- | --- |

Box II.2.

| Box II.3. | Documentary Check: to be completed for all consignments. |
| --- | --- |

Box II.3.

| Box II.4. | Consignments selected for physical checks: not applicable in the framework of this Regulation. |
| --- | --- |

Box II.4.

| Box II.5. | ACCEPTABLE for transfer: in case the consignment is acceptable for transfer to a designated point of import following a satisfactory documentary check, the competent authority at the first point of introduction shall tick the box and indicate to which designated point of import the consignment shall be transferred for a possible physical check (following information given in Box I.20). |
| --- | --- |

Box II.5.

| Box II.6. | NOT ACCEPTABLE: in case the consignment is not acceptable for transfer to a designated point of import due to the unsatisfactory outcome of the documentary checks, the competent authority at the first point of introduction shall tick the box and indicate clearly the action to be carried out in case of rejection of the consignment. The address of the destination establishment in case of ‘Re-dispatching’, ‘Destruction’, ‘Transformation’ and ‘Use for other purpose’ should be entered in Box II.7. |
| --- | --- |

Box II.6.

| Box II.7. | Details of Controlled Destinations (II.6): indicate as appropriate approval number and address (or ship’s name and port) for all destinations where further control of the consignment is required, for example for Box II.6, ‘Re-dispatching’, ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’. |
| --- | --- |

Box II.7.

| Box II.8. | Full identification of DPE and official stamp: indicate here the full identification of the first point of introduction and the official stamp of the competent authority at this point. |
| --- | --- |

Box II.8.

| Box II.9. | Official inspector: signature of the official responsible of the competent authority at the first point of introduction. |
| --- | --- |

Box II.9.

| Box II.10. | Not applicable. |
| --- | --- |

Box II.10.

| Box II.11. | Identity Check: tick the boxes to indicate whether the identity checks have been performed and with which results. |
| --- | --- |

Box II.11.

| Box II.12. | Physical Check: indicate here the results of the physical checks. |
| --- | --- |

Box II.12.

| Box II.13. | Laboratory tests: tick the box to indicate whether the consignment has been selected for sampling and analysis.
  Tested for: indicate for which substances (aflatoxin B1 and/or total) and by which analytical method a laboratory test is carried out.
  Results: indicate the results of the laboratory test and tick the appropriate box. |
| --- | --- |

Box II.13.

Tested for: indicate for which substances (aflatoxin B1 and/or total) and by which analytical method a laboratory test is carried out.

Results: indicate the results of the laboratory test and tick the appropriate box.

| Box II.14. | ACCEPTABLE for release for free circulation: tick the box in case the consignment is to be released for free circulation within the Community.
  Tick one of the boxes (‘Human consumption’, ‘Further process’, ‘Feedingstuff’ or ‘Other’) to indicate the further use. |
| --- | --- |

Box II.14.

Tick one of the boxes (‘Human consumption’, ‘Further process’, ‘Feedingstuff’ or ‘Other’) to indicate the further use.

| Box II.15. | Not applicable. |
| --- | --- |

Box II.15.

| Box II.16. | NOT ACCEPTABLE: tick the box in case of rejection of the consignment due to the unsatisfactory outcome of the identity or physical checks.
  Indicate clearly the action to be carried out in such case by ticking one of the boxes (‘Re-dispatching’, ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’). The address of the establishment of destination shall be entered in Box II.18. |
| --- | --- |

Box II.16.

Indicate clearly the action to be carried out in such case by ticking one of the boxes (‘Re-dispatching’, ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’). The address of the establishment of destination shall be entered in Box II.18.

| Box II.17. | Reasons for refusal: tick the appropriate box. Use as appropriate to add relevant information. |
| --- | --- |

Box II.17.

| Box II.18. | Details of controlled destinations (II.16): give as appropriate approval number and address (or ship’s name and port) for all destinations where further control of the consignment is required following information indicated in Box II.16. |
| --- | --- |

Box II.18.

| Box II.19. | Consignment resealed: use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept. |
| --- | --- |

Box II.19.

| Box II.20. | Full identification of DPE/Control Point and official stamp: put here the full identification of the designated point of import and the official stamp of the competent authority at the designated point of import. |
| --- | --- |

Box II.20.

| Box II.21. | Official Inspector: put name (in capital letters), date of issuing and signature of the official responsible of the competent authority at the designated point of import. |
| --- | --- |

Box II.21.

Part III   This section is to be completed by the competent authority

| Box III.1. | Details on re-dispatching: the competent authority at the first point of introduction entry or at the designated point of import indicates the means of transport used, its identification, the country of destination and the date of re-dispatching, as soon as they are known. |
| --- | --- |

Box III.1.

| Box III.2. | Follow-up: indicate the local competent authority unit responsible, as appropriate, for the supervision in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’ of the consignment. This competent authority shall report here the result of the arrival of the consignment and the correspondence. |
| --- | --- |

Box III.2.

| Box III.3. | Official Inspector: signature of the official responsible for the competent authority at the DPI in case of ‘Re-dispatching’. Signature of the official responsible for the local competent authority in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’. |
| --- | --- |

Box III.3.

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/50 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/50

---

COMMISSION REGULATION (EC) No 1153/2009

of 24 November 2009

amending Regulation (EC) No 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel and derogating from that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Regulation (EC) No 2398/96 of 12 December 1996 opening the tariff quota for turkey meat originating in and coming from Israel as provided for in the Association Agreement and the Interim Agreement between the European Community and the State of Israel (2), and in particular Article 2 thereof,

Having regard to Council Decision 2009/855/EC of 20 October 2009 on the signing and conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the State of Israel on reciprocal liberalisation measures concerning agricultural products, processed agricultural products, fish and fishery products, on the replacement of Protocols 1 and 2 and of the Annex to Protocol 1 and the Annex to Protocol 2 and on amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, on the one hand, and the State of Israel, on the other (3), and in particular Article 2(1) thereof,

Whereas:

| (1) | The tariff quota IL 1 provided for in Annex I to Commission Regulation (EC) No 1384/2007 (4), bearing the order number 09.4092 and falling under CN codes 0207 25, 0207 27 10, 0207 27 30, 0207 27 40, 0207 27 50, 0207 27 60 and 0207 27 70 (turkey meat), provides for a 100 % reduction in customs duties for an annual quantity of 1 568 tonnes. |
| --- | --- |

(1)

The tariff quota IL 1 provided for in Annex I to Commission Regulation (EC) No 1384/2007 (4), bearing the order number 09.4092 and falling under CN codes 0207 25, 0207 27 10, 0207 27 30, 0207 27 40, 0207 27 50, 0207 27 60 and 0207 27 70 (turkey meat), provides for a 100 % reduction in customs duties for an annual quantity of 1 568 tonnes.

| (2) | The tariff quota IL 2 provided for in Annex I to Regulation (EC) No 1384/2007, bearing the order number 09.4091 and falling under CN codes 0207 32, 0207 33, 0207 35 and 0207 36 (duck meat), provides for a 100 % reduction in customs duties for an annual quantity of 560 tonnes. |
| --- | --- |

(2)

The tariff quota IL 2 provided for in Annex I to Regulation (EC) No 1384/2007, bearing the order number 09.4091 and falling under CN codes 0207 32, 0207 33, 0207 35 and 0207 36 (duck meat), provides for a 100 % reduction in customs duties for an annual quantity of 560 tonnes.

| (3) | By virtue of the Agreement in the form of an Exchange of Letters between the European Community and the State of Israel approved by Decision 2009/855/EC (hereinafter referred to as ‘the Agreement’) the quantities and the CN codes currently provided for in quotas IL 1 and IL 2 must be amended. The Agreement will enter into force on 1 January 2010. |
| --- | --- |

(3)

By virtue of the Agreement in the form of an Exchange of Letters between the European Community and the State of Israel approved by Decision 2009/855/EC (hereinafter referred to as ‘the Agreement’) the quantities and the CN codes currently provided for in quotas IL 1 and IL 2 must be amended. The Agreement will enter into force on 1 January 2010.

| (4) | Regulation (EC) No 1384/2007 should be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 1384/2007 should be amended accordingly.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1384/2007 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from the 2010 quota year.

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

Done at Brussels, 24 November 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 327, 18.12.1996, p. 7.

2

(3)  See page 81 of this Official Journal.

3

(4)  
  OJ L 309, 27.11.2007, p. 40.

4

---

ANNEX

‘ANNEX I

| Group number | Order number | CN code | Description of goods (1) | Reduction of the MFN customs duty
  (%) | Annual quantities
  (tonnes) |
| --- | --- | --- | --- | --- | --- |
| IL 1 | 09.4092 | 0207 27 10 | Boneless turkey cuts, frozen | 100 | 4 000 |
| 0207 27 30
  0207 27 40
  0207 27 50
  0207 27 60
  0207 27 70 | Turkey cuts with bone in, frozen |
| IL 2 | 09.4091 | ex 0207 33 | Meat of ducks and geese, not cut in pieces, frozen | 100 | 560 |
| ex 0207 35 | Other meat and edible offal of ducks and geese, fresh or chilled |
| ex 0207 36 | Other meat and edible offal of ducks and geese, frozen |

Group number

Order number

CN code

Description of goods (1)

Reduction of the MFN customs duty

(%)

Annual quantities

(tonnes)

IL 1

09.4092

0207 27 10

Boneless turkey cuts, frozen

100

4 000

0207 27 30

0207 27 40

0207 27 50

0207 27 60

0207 27 70

Turkey cuts with bone in, frozen

IL 2

09.4091

ex 0207 33

Meat of ducks and geese, not cut in pieces, frozen

100

560

ex 0207 35

Other meat and edible offal of ducks and geese, fresh or chilled

ex 0207 36

Other meat and edible offal of ducks and geese, frozen

---

(1)  Notwithstanding the rules governing the interpretation of the combined nomenclature, the wording of the product descriptions must be considered as having indicative value only, since the applicability of the preferential scheme is determined, in the context of this Annex, by the scope of the CN codes. Where ex CN codes are indicated, the applicability of the preferential scheme shall be determined on the basis of the CN code and the corresponding description, taken together.’

1

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/52 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/52

---

COMMISSION REGULATION (EC) No 1154/2009

of 27 November 2009

amending Council Regulation (EC) No 747/2001 as regards Community tariff quotas for certain agricultural and processed agricultural products originating in Israel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 (1) and in particular Article 5(1)(b) thereof,

Whereas:

| (1) | In 2008 an Agreement was concluded in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, hereinafter referred to as ‘the Agreement’, which was approved by Council Decision 2009/855/EC (2). |
| --- | --- |

(1)

In 2008 an Agreement was concluded in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, hereinafter referred to as ‘the Agreement’, which was approved by Council Decision 2009/855/EC (2).

| (2) | The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Israel and changes to the existing tariff quotas laid down for such products in Regulation (EC) No 747/2001. In addition, it no longer provides for any tariff concessions granted within reference quantities. |
| --- | --- |

(2)

The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Israel and changes to the existing tariff quotas laid down for such products in Regulation (EC) No 747/2001. In addition, it no longer provides for any tariff concessions granted within reference quantities.

| (3) | To implement the provisions on the new tariff quotas, the changes to the existing tariff quotas and the ending of reference quantities, Regulation (EC) No 747/2001 should be amended accordingly. |
| --- | --- |

(3)

To implement the provisions on the new tariff quotas, the changes to the existing tariff quotas and the ending of reference quantities, Regulation (EC) No 747/2001 should be amended accordingly.

| (4) | For the purpose of calculating the tariff quotas for the first year of application, provision should be made, in accordance with the Agreement, for the volumes of the tariff quotas for which the quota period starts before the date of entry into force of the Agreement to be reduced by the proportion of that period which has elapsed before that date. |
| --- | --- |

(4)

For the purpose of calculating the tariff quotas for the first year of application, provision should be made, in accordance with the Agreement, for the volumes of the tariff quotas for which the quota period starts before the date of entry into force of the Agreement to be reduced by the proportion of that period which has elapsed before that date.

| (5) | Since the Agreement enters into force on 1 January 2010, this Regulation should apply from that date. |
| --- | --- |

(5)

Since the Agreement enters into force on 1 January 2010, this Regulation should apply from that date.

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

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex VII to Regulation (EC) No 747/2001 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2010.

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

Done at Brussels, 27 November 2009.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 109, 19.4.2001, p. 2.

1

(2)  See page 81 of this Official Journal.

2

---

ANNEX

‘ANNEX VII

ISRAEL

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

Tariff quotas

| Order No | CN code | TARIC subdivision | Description of goods | Quota period | Quota volume (in tonnes net weight, unless otherwise indicated) | Quota duty |
| --- | --- | --- | --- | --- | --- | --- |
| 09.1361 | 0105 12 00 | | Live turkeys, weighing not more than 185 g | From 1.1 to 31.12 | 129 920 items | Exemption |
| 09.1302 | 0404 10 | | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | From 1.1 to 31.12 | 1 300 | Exemption |
| 09.1306 | 0603 11 00
  0603 12 00
  0603 13 00
  0603 14 00
  0603 19 10
  0603 19 90 | | Fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes | From 1.1 to 31.12 | 22 196 | Exemption |
| 09.1341 | 0603 19 90 | | Other fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes | From 1.11 to 15.4 | 7 840 | Exemption |
| 09.1300 | 0701 90 50 | | New potatoes, fresh or chilled | From 1.1 to 30.6 | 33 936 | Exemption |
| 09.1304 | ex 0702 00 00 | 07 | Cherry tomatoes, fresh or chilled | From 1.1 to 31.12 | 28 000 | Exemption (1) |
| 09.1342 | ex 0702 00 00 | 99 | Tomatoes, fresh or chilled, other than cherry tomatoes | From 1.1 to 31.12 | 5 000 | Exemption (1) |
| 09.1368 | 0707 00 05 | | Cucumbers, fresh or chilled | From 1.1 to 31.12 | 1 000 | Exemption (1) |
| 09.1303 | 0709 60 10 | | Sweet peppers, fresh or chilled | From 1.1 to 31.12 | 17 248 | Exemption |
| 09.1353 | 0710 40 00
  2004 90 10 | | Sweetcorn, frozen | From 1.1 to 31.12 | 10 600 | 70 % of the specific duty |
| 09.1354 | 0711 90 30
  2001 90 30
  2005 80 00 | | Sweetcorn, not frozen | From 1.1 to 31.12 | 5 400 | 70 % of the specific duty |
| 09.1369 | 0712 90 30 | | Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared | From 1.1 to 31.12 | 1 200 | Exemption |
| 09.1323 | 0805 10 20 | | Oranges, fresh | From 1.1 to 31.12 | 224 000 | Exemption (1)
   (2) |
| ex 0805 10 80 | 10 |
| 09.1370 | ex 0805 20 10 | 05 | Clementines, mandarins and wilkings, fresh | From 1.1 to 31.12 | 40 000 | Exemption (1) |
| ex 0805 20 50 | 07 , 37 |
| 09.1371 | ex 0805 20 10 | 05 | Clementines, mandarins and wilkings, fresh | From 15.3 to 30.9 | 15 680 | Exemption (1) |
| ex 0805 20 50 | 07 , 37 |
| 09.1397 | 0807 19 00 | | Melons fresh, other than watermelons | From 1.1 to 31.5.2010 | 15 000 | Exemption |
| For each period thereafter from 1.8 to 31.5 | 30 000 |
| 09.1398 | 0810 10 00 | | Strawberries, fresh | From 1.1 to 30.4.2010 | 3 333 | Exemption |
| For each period thereafter from 1.11 to 30.4 | 5 000 |
| 09.1372 | 1602 31 19 | | Prepared or preserved meat, meat offal or blood of turkeys, containing 57 % or more by weight of poultry meat or offal, other than exclusively uncooked turkey meat | From 1.1 to 31.12 | 5 000 | Exemption |
| 1602 31 30 | | Prepared or preserved meat, meat offal or blood of turkeys, containing 25 % or more but less than 57 % by weight of poultry meat or offal |
| 09.1373 | 1602 32 19 | | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 57 % or more by weight of poultry meat or offal, other than uncooked | From 1.1 to 31.12 | 2 000 | Exemption |
| 1602 32 30 | | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 25 % or more but less than 57 % by weight of poultry meat or offal |
| 09.1374 | 1704 10 90 | | Chewing gum whether or not sugar-coated, not containing cocoa, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) | From 1.1 to 31.12 | 100 | Exemption |
| 09.1375 | 1806 10 20
  1806 10 30
  1806 10 90
  1806 20 | | Cocoa powder containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
  Other food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg | From 1.1 to 31.12 | 2 500 | 85 % of the specific duty or of the agricultural component |
| 09.1376 | 1905 20 30
  1905 20 90 | | Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose) | From 1.1 to 31.12 | 3 200 | 70 % of the specific duty |
| 09.1377 | 2002 90 91
  2002 90 99 | | Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight | From 1.1 to 31.12 | 784 | Exemption |
| 09.1378 | ex 2008 70 71 | 10 | Slices of peaches, fried in oil, not containing added spirit, with a sugar content exceeding 15 % by weight, in immediate packings of a net content not exceeding 1 kg | From 1.1 to 31.12 | 112 | Exemption |
| 09.1331 | 2009 11
  2009 12 00
  2009 19 | | Orange juice | From 1.1 to 31.12 | 35 000 | Exemption |
| of which: |
| 09.1333 | ex 2009 11 11 | 10 | Orange juice, in containers of 2 litres or less | From 1.1 to 31.12 | 21 280 | Exemption |
| ex 2009 11 19 | 10 |
| ex 2009 11 91 | 10 |
| ex 2009 11 99 | 11 , 19
  92 , 94 |
| ex 2009 12 00 | 10 |
| ex 2009 19 11 | 11 , 19 |
| ex 2009 19 19 | 11 , 19 |
| ex 2009 19 91 | 11 , 19 |
| ex 2009 19 98 | 11 , 19 |
| 09.1379 | ex 2009 90 21 | 40 | Mixtures of citrus juices | From 1.1 to 31.12 | 19 656 | Exemption |
| ex 2009 90 29 | 20 |
| ex 2009 90 51 | 30 |
| ex 2009 90 59 | 39 |
| ex 2009 90 94 | 20 |
| ex 2009 90 96 | 20 |
| ex 2009 90 98 | 20 |
| 09.1380 | 2204 | | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009 | From 1.1 to 31.12 | 6 212 hl | Exemption (3) |
| 09.1399 | 3505 20 | | Glues based on starches, or on dextrins or other modified starches | From 1.1 to 31.12 | 250 | Exemption |

Order No

CN code

TARIC subdivision

Description of goods

Quota period

Quota volume (in tonnes net weight, unless otherwise indicated)

Quota duty

09.1361

0105 12 00

Live turkeys, weighing not more than 185 g

From 1.1 to 31.12

129 920 items

Exemption

09.1302

0404 10

Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

From 1.1 to 31.12

1 300

Exemption

09.1306

0603 11 00

0603 12 00

0603 13 00

0603 14 00

0603 19 10

0603 19 90

Fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes

From 1.1 to 31.12

22 196

Exemption

09.1341

0603 19 90

Other fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes

From 1.11 to 15.4

7 840

Exemption

09.1300

0701 90 50

New potatoes, fresh or chilled

From 1.1 to 30.6

33 936

Exemption

09.1304

ex 0702 00 00

07

Cherry tomatoes, fresh or chilled

From 1.1 to 31.12

28 000

Exemption (1)

09.1342

ex 0702 00 00

99

Tomatoes, fresh or chilled, other than cherry tomatoes

From 1.1 to 31.12

5 000

Exemption (1)

09.1368

0707 00 05

Cucumbers, fresh or chilled

From 1.1 to 31.12

1 000

Exemption (1)

09.1303

0709 60 10

Sweet peppers, fresh or chilled

From 1.1 to 31.12

17 248

Exemption

09.1353

0710 40 00

2004 90 10

Sweetcorn, frozen

From 1.1 to 31.12

10 600

70 % of the specific duty

09.1354

0711 90 30

2001 90 30

2005 80 00

Sweetcorn, not frozen

From 1.1 to 31.12

5 400

70 % of the specific duty

09.1369

0712 90 30

Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared

From 1.1 to 31.12

1 200

Exemption

09.1323

0805 10 20

Oranges, fresh

From 1.1 to 31.12

224 000

Exemption (1)
   (2)

ex 0805 10 80

10

09.1370

ex 0805 20 10

05

Clementines, mandarins and wilkings, fresh

From 1.1 to 31.12

40 000

Exemption (1)

ex 0805 20 50

07 , 37

09.1371

ex 0805 20 10

05

Clementines, mandarins and wilkings, fresh

From 15.3 to 30.9

15 680

Exemption (1)

ex 0805 20 50

07 , 37

09.1397

0807 19 00

Melons fresh, other than watermelons

From 1.1 to 31.5.2010

15 000

Exemption

For each period thereafter from 1.8 to 31.5

30 000

09.1398

0810 10 00

Strawberries, fresh

From 1.1 to 30.4.2010

3 333

Exemption

For each period thereafter from 1.11 to 30.4

5 000

09.1372

1602 31 19

Prepared or preserved meat, meat offal or blood of turkeys, containing 57 % or more by weight of poultry meat or offal, other than exclusively uncooked turkey meat

From 1.1 to 31.12

5 000

Exemption

1602 31 30

Prepared or preserved meat, meat offal or blood of turkeys, containing 25 % or more but less than 57 % by weight of poultry meat or offal

09.1373

1602 32 19

Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 57 % or more by weight of poultry meat or offal, other than uncooked

From 1.1 to 31.12

2 000

Exemption

1602 32 30

Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 25 % or more but less than 57 % by weight of poultry meat or offal

09.1374

1704 10 90

Chewing gum whether or not sugar-coated, not containing cocoa, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose)

From 1.1 to 31.12

100

Exemption

09.1375

1806 10 20

1806 10 30

1806 10 90

1806 20

Cocoa powder containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

Other food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg

From 1.1 to 31.12

2 500

85 % of the specific duty or of the agricultural component

09.1376

1905 20 30

1905 20 90

Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose)

From 1.1 to 31.12

3 200

70 % of the specific duty

09.1377

2002 90 91

2002 90 99

Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight

From 1.1 to 31.12

784

Exemption

09.1378

ex 2008 70 71

10

Slices of peaches, fried in oil, not containing added spirit, with a sugar content exceeding 15 % by weight, in immediate packings of a net content not exceeding 1 kg

From 1.1 to 31.12

112

Exemption

09.1331

2009 11

2009 12 00

2009 19

Orange juice

From 1.1 to 31.12

35 000

Exemption

of which:

09.1333

ex 2009 11 11

10

Orange juice, in containers of 2 litres or less

From 1.1 to 31.12

21 280

Exemption

ex 2009 11 19

10

ex 2009 11 91

10

ex 2009 11 99

11 , 19

92 , 94

ex 2009 12 00

10

ex 2009 19 11

11 , 19

ex 2009 19 19

11 , 19

ex 2009 19 91

11 , 19

ex 2009 19 98

11 , 19

09.1379

ex 2009 90 21

40

Mixtures of citrus juices

From 1.1 to 31.12

19 656

Exemption

ex 2009 90 29

20

ex 2009 90 51

30

ex 2009 90 59

39

ex 2009 90 94

20

ex 2009 90 96

20

ex 2009 90 98

20

09.1380

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

From 1.1 to 31.12

6 212 hl

Exemption (3)

09.1399

3505 20

Glues based on starches, or on dextrins or other modified starches

From 1.1 to 31.12

250

Exemption

---

(1)  The exemption applies only to the ad valorem duty.

1

(2)  Within this tariff quota, the specific duty provided in the Community’s list of concessions to the WTO is reduced to zero for the period from 1 December to 31 May, if the entry price is not less than EUR 264/tonne, being the entry price agreed between the European Community and Israel. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

2

(3)  For grape must under CN codes 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98, the exemption applies only to the ad valorem duty.’

3

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/57 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/57

---

COMMISSION REGULATION (EC) No 1155/2009

of 27 November 2009

entering a name in the register of protected designations of origin and protected geographical indications (Truskawka kaszubska/kaszëbskô malëna (PGI))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Poland’s application to register the name ‘Truskawka kaszubska’/‘kaszëbskô malëna’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Poland’s application to register the name ‘Truskawka kaszubska’/‘kaszëbskô malëna’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the Register.

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, 27 November 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 89, 18.4.2009, p. 4.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

POLAND

Truskawka kaszubska/kaszëbskô malëna (PGI)

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/59 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/59

---

COMMISSION REGULATION (EC) No 1156/2009

of 27 November 2009

amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 9(1)(c), and Articles 11 and 12 and the third paragraph of Article 19 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1266/2007 (2) lays down rules for the control, monitoring, surveillance and restrictions on movements of animals, in relation to bluetongue, in and from the restricted zones. |
| --- | --- |

(1)

Commission Regulation (EC) No 1266/2007 (2) lays down rules for the control, monitoring, surveillance and restrictions on movements of animals, in relation to bluetongue, in and from the restricted zones.

| (2) | Article 8(1) of that Regulation provides that movements of animals, their semen, ova and embryos, from a holding or semen collection or storage centre located in a restricted zone to another holding or semen collection or storage centre are to be exempted from the exit ban provided for in Directive 2000/75/EC, subject to the requirement that the animals, their semen, ova and embryos comply with certain conditions set out in that Article. |
| --- | --- |

(2)

Article 8(1) of that Regulation provides that movements of animals, their semen, ova and embryos, from a holding or semen collection or storage centre located in a restricted zone to another holding or semen collection or storage centre are to be exempted from the exit ban provided for in Directive 2000/75/EC, subject to the requirement that the animals, their semen, ova and embryos comply with certain conditions set out in that Article.

| (3) | In addition, as a transitional measure, Article 9a of Regulation (EC) No 1266/2007 provides that, until 31 December 2009, Member States of destination may require that the movement of certain animals which are covered by the exemption provided for in Article 8(1) of that Regulation be subjected to additional conditions, on the basis of a risk assessment taking into account the entomological and epidemiological conditions in which animals are being introduced. |
| --- | --- |

(3)

In addition, as a transitional measure, Article 9a of Regulation (EC) No 1266/2007 provides that, until 31 December 2009, Member States of destination may require that the movement of certain animals which are covered by the exemption provided for in Article 8(1) of that Regulation be subjected to additional conditions, on the basis of a risk assessment taking into account the entomological and epidemiological conditions in which animals are being introduced.

| (4) | The overall disease situation in the Community as regards bluetongue has improved considerably in 2009. However the virus is still present in parts of the Community. |
| --- | --- |

(4)

The overall disease situation in the Community as regards bluetongue has improved considerably in 2009. However the virus is still present in parts of the Community.

| (5) | In addition, the effectiveness of the measures laid down in Regulation (EC) No 1266/2007 is influenced by a combination of factors. Those factors include the vector species, climate conditions and the type of husbandry of the susceptible ruminants. |
| --- | --- |

(5)

In addition, the effectiveness of the measures laid down in Regulation (EC) No 1266/2007 is influenced by a combination of factors. Those factors include the vector species, climate conditions and the type of husbandry of the susceptible ruminants.

| (6) | It is therefore appropriate to continue to apply the transitional measure set out in Article 9a of Regulation (EC) No 1266/2007, taking into account that the disease situation is not stable and still evolving. Regulation (EC) No 1266/2007 should therefore be amended accordingly. |
| --- | --- |

(6)

It is therefore appropriate to continue to apply the transitional measure set out in Article 9a of Regulation (EC) No 1266/2007, taking into account that the disease situation is not stable and still evolving. Regulation (EC) No 1266/2007 should therefore be amended accordingly.

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

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

In the introductory phrase of paragraph 1 of Article 9a of Regulation (EC) No 1266/2007, the date ‘31 December 2009’ is replaced by ‘31 December 2010’.

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, 27 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 327, 22.12.2000, p. 74.

1

(2)  
  OJ L 283, 27.10.2007, p. 37.

2

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/60 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/60

---

COMMISSION REGULATION (EC) No 1157/2009

of 27 November 2009

derogating from Regulations (EC) Nos 2402/96, 2058/2096, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 27/2008, 1067/2008 and 828/2009 as regards the dates for lodging applications and the issuing of import licences in 2010 under the tariff quotas for sweet potatoes, manioc starch, manioc, cereals, rice, sugar and olive oil and derogating from Regulations (EC) Nos 382/2008, 1518/2003, 596/2004 and 633/2004 as regards the dates of issuing of export licences in 2010 in the beef and veal, pigmeat, eggs and poultrymeat sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII (1),

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 (2), and in particular Article 1(1) thereof,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (3), and in particular Articles 144(1), 148, 156 and 161(3), in conjunction with Article 4, thereof,

Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (4), and in particular Article 9(5) thereof,

Having regard to Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (5), and in particular Article 11(7) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 2402/96 of 17 December 1996 opening and setting administrative rules for certain annual tariff quotas for sweet potatoes and manioc starch (6) lays down specific provisions for lodging import licence applications and issuing import licences for sweet potatoes under quotas 09.4013 and 09.4014 and for manioc starch under quotas 09.4064 and 09.4065. |
| --- | --- |

(1)

Commission Regulation (EC) No 2402/96 of 17 December 1996 opening and setting administrative rules for certain annual tariff quotas for sweet potatoes and manioc starch (6) lays down specific provisions for lodging import licence applications and issuing import licences for sweet potatoes under quotas 09.4013 and 09.4014 and for manioc starch under quotas 09.4064 and 09.4065.

| (2) | Commission Regulation (EC) No 27/2008 of 15 January 2008 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in certain third countries other than Thailand (7) lays down specific provisions for lodging import licence applications and issuing import licences, for the products concerned, under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021. |
| --- | --- |

(2)

Commission Regulation (EC) No 27/2008 of 15 January 2008 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in certain third countries other than Thailand (7) lays down specific provisions for lodging import licence applications and issuing import licences, for the products concerned, under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021.

| (3) | Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (8), Commission Regulation (EC) No 2305/2003 of 29 December 2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries (9) and Commission Regulation (EC) No 969/2006 of 29 June 2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries (10) lay down specific provisions for lodging import licence applications and issuing import licences for common wheat of a quality other than high quality under quotas 09.4123, 09.4124 and 09.4125, for barley under quota 09.4126 and for maize under quota 09.4131. |
| --- | --- |

(3)

Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (8), Commission Regulation (EC) No 2305/2003 of 29 December 2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries (9) and Commission Regulation (EC) No 969/2006 of 29 June 2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries (10) lay down specific provisions for lodging import licence applications and issuing import licences for common wheat of a quality other than high quality under quotas 09.4123, 09.4124 and 09.4125, for barley under quota 09.4126 and for maize under quota 09.4131.

| (4) | Commission Regulation (EC) No 2058/96 of 28 October 1996 opening and providing for the management of a tariff quota for broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10 (11), Commission Regulation (EC) No 1964/2006 of 22 December 2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90 (12), Commission Regulation (EC) No 1002/2007 of 29 August 2007 laying down detailed rules for the application of Council Regulation (EC) No 2184/96 concerning imports into the Community of rice originating in and coming from Egypt (13), and Commission Regulation (EC) No 955/2005 of 23 June 2005 opening a Community import quota for rice originating in Egypt (14) lay down specific provisions for lodging import licence applications and issuing import licences for broken rice under quota 09.4079, for rice originating in Bangladesh under quota 09.4517, for rice originating and coming from Egypt under quota 09.4094 and for rice originating in Egypt under quota 09.4097. |
| --- | --- |

(4)

Commission Regulation (EC) No 2058/96 of 28 October 1996 opening and providing for the management of a tariff quota for broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10 (11), Commission Regulation (EC) No 1964/2006 of 22 December 2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90 (12), Commission Regulation (EC) No 1002/2007 of 29 August 2007 laying down detailed rules for the application of Council Regulation (EC) No 2184/96 concerning imports into the Community of rice originating in and coming from Egypt (13), and Commission Regulation (EC) No 955/2005 of 23 June 2005 opening a Community import quota for rice originating in Egypt (14) lay down specific provisions for lodging import licence applications and issuing import licences for broken rice under quota 09.4079, for rice originating in Bangladesh under quota 09.4517, for rice originating and coming from Egypt under quota 09.4094 and for rice originating in Egypt under quota 09.4097.

| (5) | Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (15) lays down specific provisions for lodging import licence applications and issuing import licences under quotas 09.4221, 09.4231, and 09.4241 to 09.4247. |
| --- | --- |

(5)

Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (15) lays down specific provisions for lodging import licence applications and issuing import licences under quotas 09.4221, 09.4231, and 09.4241 to 09.4247.

| (6) | Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (16) lays down specific provisions for lodging import licence applications and issuing import licences for olive oil under quota 09.4032. |
| --- | --- |

(6)

Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (16) lays down specific provisions for lodging import licence applications and issuing import licences for olive oil under quota 09.4032.

| (7) | In view of the public holidays in 2010, derogations should be made, at certain times, from Regulations (EC) Nos 2402/96, 2058/2096, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 1067/2008 and 828/2009 as regards the dates for lodging import licence applications and issuing import licences in order to ensure compliance with the quota volumes in question. |
| --- | --- |

(7)

In view of the public holidays in 2010, derogations should be made, at certain times, from Regulations (EC) Nos 2402/96, 2058/2096, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 1067/2008 and 828/2009 as regards the dates for lodging import licence applications and issuing import licences in order to ensure compliance with the quota volumes in question.

| (8) | The second subparagraph of Article 12(1) of Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (17), Article 3(3) of Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector (18), Article 3(3) of Commission Regulation (EC) No 596/2004 of 30 March 2004 laying down detailed rules for implementing the system of export licences in the egg sector (19) and Article 3(3) of Commission Regulation (EC) No 633/2004 of 30 March 2004 laying down detailed rules for implementing the system of export licences in the poultrymeat sector (20) provide that export licences are to be issued on the Wednesday following the week in which the licence applications are lodged, provided that the Commission has not taken any particular measure in the meantime. |
| --- | --- |

(8)

The second subparagraph of Article 12(1) of Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (17), Article 3(3) of Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector (18), Article 3(3) of Commission Regulation (EC) No 596/2004 of 30 March 2004 laying down detailed rules for implementing the system of export licences in the egg sector (19) and Article 3(3) of Commission Regulation (EC) No 633/2004 of 30 March 2004 laying down detailed rules for implementing the system of export licences in the poultrymeat sector (20) provide that export licences are to be issued on the Wednesday following the week in which the licence applications are lodged, provided that the Commission has not taken any particular measure in the meantime.

| (9) | In view of the public holidays in 2010 and the resulting impact on the publication of the Official Journal of the European Union, the period between the lodging of applications and the day on which the licences are to be issued will be too short to ensure proper management of the market. That period should therefore be extended. |
| --- | --- |

(9)

In view of the public holidays in 2010 and the resulting impact on the publication of the Official Journal of the European Union, the period between the lodging of applications and the day on which the licences are to be issued will be too short to ensure proper management of the market. That period should therefore be extended.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

Sweet potatoes

1.   By way of derogation from Article 3 of Regulation (EC) No 2402/96, applications for import licences for sweet potatoes under quotas 09.4013 and 09.4014 for 2010 may not be lodged before Tuesday 5 January 2010 or after Tuesday 14 December 2010.

2.   By way of derogation from Article 8(1) of Regulation (EC) No 2402/96, import licences for sweet potatoes applied for on the date indicated in Annex I hereto under quotas 09.4013 and 09.4014 shall be issued on the date indicated in Annex I, subject to the measures adopted pursuant to Article 7(2) of Commission Regulation (EC) No 1301/2006 (21).

Article 2

Manioc starch

1.   By way of derogation from the first subparagraph of Article 9 of Regulation (EC) No 2402/96, applications for import licences for manioc starch under quotas 09.4064 and 09.4065 for 2010 may not be lodged before Tuesday 5 January 2010 or after Tuesday 14 December 2010.

2.   By way of derogation from Article 13(1) of Regulation (EC) No 2402/96, import licences for manioc starch applied for on the date indicated in Annex II hereto under quotas 09.4064 and 09.4065 shall be issued on the date indicated in Annex II, subject to the measures adopted pursuant to Article 7(2) of Commission Regulation (EC) No 1301/2006.

Article 3

Manioc

1.   By way of derogation from the first subparagraph of Article 8 of Regulation (EC) No 27/2008, applications for import licences for manioc under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021 for 2010 may not be lodged before Monday 4 January 2010 or after 13:00 (Brussels time) on Wednesday 15 December 2010.

2.   By way of derogation from Article 8(4) of Regulation (EC) No 27/2008, import licences for manioc applied for on the dates indicated in Annex III hereto, under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021 shall be issued on the date indicated in Annex III, subject to the measures adopted pursuant to Article 7(2) of Regulation (EC) No 1301/2006.

Article 4

Cereals

1.   By way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 1067/2008, the first period for lodging applications for import licences for common wheat of a quality other than high quality under quotas 09.4123, 09.4124 and 09.4125 for 2010 shall not start until 1 January 2010, 13:00 (Brussels time). Such applications may not be lodged after 13:00 (Brussels time) on Friday 17 December 2010.

2.   By way of derogation from the second subparagraph of Article 3(1) of Regulation (EC) No 2305/2003, the first period for lodging applications for import licences for barley under quota 09.4126 for 2010 shall not start until 1 January 2010, 13:00 (Brussels time). Such applications may not be lodged after 13:00 (Brussels time) on Friday 17 December 2010.

3.   By way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 969/2006, the first period for lodging applications for import licences for maize under quota 09.4131 for 2010 shall not start until 1 January 2010, 13:00 (Brussels time). Such applications may not be lodged after 13:00 (Brussels time) on Friday 17 December 2010.

Article 5

Rice

1.   By way of derogation from the third subparagraph of Article 2(1) of Regulation (EC) No 2058/96, the first period for lodging applications for import licences for broken rice under quota 09.4079 for 2010 shall not start until 13:00 (Brussels time) on 1 January 2010. Such applications may not be lodged after 13:00 (Brussels time) on Friday 10 December 2010.

2.   By way of derogation from the first subparagraph of Article 4(3) of Regulation (EC) No 1964/2006, the first period for lodging applications for import licences for rice originating in Bangladesh under quota 09.4517 for 2010 shall not start until 13:00 (Brussels time) on 1 January 2010. Such applications may not be lodged after 13:00 (Brussels time) on Friday 10 December 2010.

3.   By way of derogation from Article 2(3) of Regulation (EC) No 1002/2007, the first period for lodging applications for import licences for rice originating in and coming from Egypt under quota 09.4094 for 2010 shall not start until 13:00 (Brussels time) on 1 January 2010. Such applications may not be lodged after 13:00 (Brussels time) on Friday 10 December 2010.

4.   By way of derogation from Article 4(1) of Regulation (EC) No 955/2005, the first period for lodging applications for import licences for rice originating in and coming from Egypt under quota 09.4097 for 2010 shall not start until 13:00 (Brussels time) on 1 January 2010. Such applications may not be lodged after 13:00 (Brussels time) on Friday 10 December 2010.

Article 6

Sugar

By way of derogation from Article 4(1) of Regulation (EC) No 828/2009, applications for import licences for sugar products under quotas 09.4221, 09.4231 and 09.4241 to 09.4247 may not be lodged from 13:00 (Brussels time) on Friday 17 December 2010 until 13:00 (Brussels time) on Friday 31 December 2010.

Article 7

Olive oil

By way of derogation from Article 3(3) of Regulation (EC) No 1918/2006, import licences for olive oil applied for on Monday 29 or Tuesday 30 March 2010 under quota 09.4032 shall be issued on Friday 9 April 2010, subject to the measures adopted pursuant to Article 7(2) of Regulation (EC) No 1301/2006.

Article 8

Licences for exports of beef and veal, pigmeat, eggs and poultrymeat attracting refunds

By way of derogation from the second subparagraph of Article 12(1) of Regulation (EC) No 382/2008, Article 3(3) of Regulation (EC) No 1518/2003, Article 3(3) of Regulation (EC) No 596/2004 and Article 3(3) of Regulation (EC) No 633/2004, export licences applied for during the periods referred to in Annex IV hereto shall be issued on the corresponding dates set out therein.

This derogation shall apply only where none of the specific measures provided for in Article 12(2) and (3) of Regulation (EC) No 382/2008, Article 3(4) and (4a) of Regulation (EC) No 1518/2003, Article 3(4) and (4a) of Regulation (EC) No 596/2004 and Article 3(4) and (4a) of Regulation (EC) No 633/2004 is taken before those dates of issue.

Article 9

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 27 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 122, 22.5.1996, p. 15.

1

(2)  
  OJ L 146, 20.6.1996, p. 1.

2

(3)  
  OJ L 299, 16.11.2007, p. 1.

3

(4)  
  OJ L 348, 31.12.2007, p. 1.

4

(5)  
  OJ L 211, 6.8.2008, p. 1.

5

(6)  
  OJ L 327, 18.12.1996, p. 14.

6

(7)  
  OJ L 13, 16.1.2008, p. 3.

7

(8)  
  OJ L 290, 31.10.2008, p. 3.

8

(9)  
  OJ L 342, 30.12.2003, p. 7.

9

(10)  
  OJ L 176, 30.6.2006, p. 44.

10

(11)  
  OJ L 276, 29.10.1996, p. 7.

11

(12)  
  OJ L 408, 30.12.2006, p. 18.

12

(13)  
  OJ L 226, 30.8.2007, p. 15.

13

(14)  
  OJ L 164, 24.6.2005, p. 5.

14

(15)  
  OJ L 240, 11.9.2009, p. 14.

15

(16)  
  OJ L 365, 21.12.2006, p. 84.

16

(17)  
  OJ L 115, 29.4.2008, p. 10.

17

(18)  
  OJ L 217, 29.8.2003, p. 35.

18

(19)  
  OJ L 94, 31.3.2004, p. 33.

19

(20)  
  OJ L 100, 6.4.2004, p. 8.

20

(21)  
  OJ L 238, 1.9.2006, p. 13.

21

---

ANNEX I

Import licences for sweet potatoes to be issued under quotas 09.4013 and 09.4014 for certain periods of 2010

| Dates for lodging applications | Dates of issue of licences |
| --- | --- |
| Tuesday 30 March 2010 | Friday 9 April 2010 |

Dates for lodging applications

Dates of issue of licences

Tuesday 30 March 2010

Friday 9 April 2010

---

ANNEX II

Import licences for manioc starch to be issued under quotas 09.4064 and 09.4065 for certain periods of 2010

| Dates for lodging applications | Dates of issue of licences |
| --- | --- |
| Tuesday 30 March 2010 | Friday 9 April 2010 |

Dates for lodging applications

Dates of issue of licences

Tuesday 30 March 2010

Friday 9 April 2010

---

ANNEX III

Import licences for manioc to be issued under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021 for certain periods of 2010

| Dates for lodging applications | Dates of issue of licences |
| --- | --- |
| Monday 29, Tuesday 30 and Wednesday 31 March 2010 | Friday 9 April 2010 |

Dates for lodging applications

Dates of issue of licences

Monday 29, Tuesday 30 and Wednesday 31 March 2010

Friday 9 April 2010

---

ANNEX IV

| Periods for lodging export licence applications for beef and veal, pigmeat, eggs and poultrymeat | Dates of issue |
| --- | --- |
| 29 March to 2 April 2010 | 8 April 2010 |
| 17 to 21 May 2010 | 27 May 2010 |
| 25 to 29 October 2010 | 5 November 2010 |

Periods for lodging export licence applications for beef and veal, pigmeat, eggs and poultrymeat

Dates of issue

29 March to 2 April 2010

8 April 2010

17 to 21 May 2010

27 May 2010

25 to 29 October 2010

5 November 2010

---

DIRECTIVES

| 28.11.2009 | EN | Official Journal of the European Union | L 313/65 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/65

---

COMMISSION DIRECTIVE 2009/149/EC

of 27 November 2009

amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety of the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (1), and in particular Article 5(2) thereof,

Having regard to the recommendation of the European Railway Agency (ERA/REC/SAF/02-2008) of 29 September 2008,

Whereas:

| (1) | Article 5(2) of Directive 2004/49/EC, as corrected, provides for the possibility to revise Annex I to the said Directive in order to include common definitions of the Common Safety Indicators (CSIs) and methods to calculate accident costs. |
| --- | --- |

(1)

Article 5(2) of Directive 2004/49/EC, as corrected, provides for the possibility to revise Annex I to the said Directive in order to include common definitions of the Common Safety Indicators (CSIs) and methods to calculate accident costs.

| (2) | In accordance with Article 5(1) of Directive 2004/49/EC information on CSIs is to be collected to facilitate the assessment of the achievement of the Common Safety Targets (CSTs). In conformity with Article 7(3) of the said Directive, the CSTs should be accompanied by an assessment of the economic impact in terms of societal acceptance of risk. The main purpose of CSIs should be to measure safety performance and to facilitate the economic impact assessment of CSTs. Therefore, it is necessary to move from indicators related to costs of all accidents borne by railways to indicators related to the economic impact of accidents on society. |
| --- | --- |

(2)

In accordance with Article 5(1) of Directive 2004/49/EC information on CSIs is to be collected to facilitate the assessment of the achievement of the Common Safety Targets (CSTs). In conformity with Article 7(3) of the said Directive, the CSTs should be accompanied by an assessment of the economic impact in terms of societal acceptance of risk. The main purpose of CSIs should be to measure safety performance and to facilitate the economic impact assessment of CSTs. Therefore, it is necessary to move from indicators related to costs of all accidents borne by railways to indicators related to the economic impact of accidents on society.

| (3) | Attributing monetary values to improved safety should be seen in the context of limited budget resources of public policy actions. Therefore, in order to select initiatives that ensure an efficient allocation of resources, it becomes necessary to prioritise across the different actions. |
| --- | --- |

(3)

Attributing monetary values to improved safety should be seen in the context of limited budget resources of public policy actions. Therefore, in order to select initiatives that ensure an efficient allocation of resources, it becomes necessary to prioritise across the different actions.

| (4) | Article 9 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (2) mandates the Agency to set up a network with the national authorities responsible for safety and the national authorities responsible for the investigations in order to define the content of the CSIs listed in Annex I to Directive 2004/49/EC. In response to this mandate, on 29 September 2008 the Agency delivered its recommendation on the revision of Annex I to Directive 2004/49/EC: common definitions for the CSIs and methods to calculate the economic impact of accidents (ERA/REC/SAF/02-2008). |
| --- | --- |

(4)

Article 9 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (2) mandates the Agency to set up a network with the national authorities responsible for safety and the national authorities responsible for the investigations in order to define the content of the CSIs listed in Annex I to Directive 2004/49/EC. In response to this mandate, on 29 September 2008 the Agency delivered its recommendation on the revision of Annex I to Directive 2004/49/EC: common definitions for the CSIs and methods to calculate the economic impact of accidents (ERA/REC/SAF/02-2008).

| (5) | Annex I to Directive 2004/49/EC should therefore be amended. |
| --- | --- |

(5)

Annex I to Directive 2004/49/EC should therefore be amended.

| (6) | The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 21 of Directive 96/48/EC, |
| --- | --- |

(6)

The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 21 of Directive 96/48/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2004/49/EC is replaced by the text in the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 18 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. 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 20 days after its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 27 November 2009.

For the Commission

Antonio TAJANI

Vice-President

---

(1)  
  OJ L 164, 30.4.2004, p. 44.

1

(2)  
  OJ L 164, 30.4.2004, p. 1.

2

---

ANNEX

‘ANNEX I

COMMON SAFETY INDICATORS

Common safety indicators shall be reported annually by the safety authorities. The first reporting period shall be 2010.

Indicators relating to activities referred to in Article 2(2), (a) and (b), should be accounted for separately, if they are submitted.

If new facts or errors are discovered after the submission of the report the indicators for one particular year shall be amended or corrected by the safety authority at the first convenient opportunity and at the latest in the next annual report.

For indicators relating to accidents under heading 1, Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics (1) shall be applied as far as the information is available.

1.   Indicators relating to accidents

| 1.1. | Total and relative (to train-kilometres) number of significant accidents and a break-down on the following types of accidents:






  — | collisions of trains, including collisions with obstacles within the clearance gauge, |
| --- | --- | --- |

1.1.

—

collisions of trains, including collisions with obstacles within the clearance gauge,

| — | derailments of trains, |
| --- | --- |

—

derailments of trains,

| — | level crossing accidents, including accidents involving pedestrians at level crossings, |
| --- | --- |

—

level crossing accidents, including accidents involving pedestrians at level crossings,

| — | accidents to persons caused by rolling stock in motion, with the exception of suicides, |
| --- | --- |

—

accidents to persons caused by rolling stock in motion, with the exception of suicides,

| — | fires in rolling stock, |
| --- | --- |

—

fires in rolling stock,

| — | others. |
| --- | --- |

—

others.

Each significant accident shall be reported under the type of the primary accident, even if the consequences of the secondary accident are more severe, e.g. a fire following a derailment.

| 1.2. | Total and relative (to train-kilometres) number of persons seriously injured and killed by type of accident divided into the following categories:






  — | passengers (also in relation to total number of passenger-kilometres and passenger train-kilometres), |
| --- | --- | --- |

1.2.

—

passengers (also in relation to total number of passenger-kilometres and passenger train-kilometres),

| — | employees including the staff of contractors, |
| --- | --- |

—

employees including the staff of contractors,

| — | level crossing users, |
| --- | --- |

—

level crossing users,

| — | unauthorised persons on railway premises, |
| --- | --- |

—

unauthorised persons on railway premises,

| — | others. |
| --- | --- |

—

others.

2.   Indicators relating to dangerous goods

Total and relative (to train-kilometres) number of accidents involving the transport of dangerous goods divided into the following categories:

| — | accidents involving at least one railway vehicle transporting dangerous goods, as defined by the Appendix, |
| --- | --- |

—

accidents involving at least one railway vehicle transporting dangerous goods, as defined by the Appendix,

| — | number of such accidents in which dangerous goods are released. |
| --- | --- |

—

number of such accidents in which dangerous goods are released.

3.   Indicators relating to suicides

Total and relative (to train-kilometres) number of suicides.

4.   Indicators relating to precursors of accidents

Total and relative (to train-kilometres) number of:

| — | broken rails, |
| --- | --- |

—

broken rails,

| — | track buckles, |
| --- | --- |

—

track buckles,

| — | wrong-side signalling failures, |
| --- | --- |

—

wrong-side signalling failures,

| — | signals passed at danger, |
| --- | --- |

—

signals passed at danger,

| — | broken wheels and axles on rolling stock in service. |
| --- | --- |

—

broken wheels and axles on rolling stock in service.

All precursors are to be reported, both resulting and not resulting in accidents. Precursors resulting in an accident shall be reported under the CSIs on precursors; the accidents that occurred, if significant, shall be reported under the CSIs on accidents referred to in heading 1.

5.   Indicators to calculate the economic impact of accidents

Total in euro and relative (to train-kilometres):

| — | number of deaths and serious injuries multiplied by the Value of Preventing a Casualty (VPC), |
| --- | --- |

—

number of deaths and serious injuries multiplied by the Value of Preventing a Casualty (VPC),

| — | cost of damages to environment, |
| --- | --- |

—

cost of damages to environment,

| — | cost of material damages to rolling stock or infrastructure, |
| --- | --- |

—

cost of material damages to rolling stock or infrastructure,

| — | cost of delays as a consequence of accidents. |
| --- | --- |

—

cost of delays as a consequence of accidents.

Safety authorities shall report either the economic impact of all accidents, or the economic impact of significant accidents only. This choice shall be clearly indicated in the annual report referred to in Article 18.

The VPC is the value society attributes to the prevention of a casualty and as such shall not form a reference for compensation between parties involved in accidents.

6.   Indicators relating to technical safety of infrastructure and its implementation

| 6.1. | Percentage of tracks with Automatic Train Protection (ATP) in operation, percentage of train-kilometres using operational ATP systems. |
| --- | --- |

6.1.

| 6.2. | Number of level crossings (total, per line kilometre and track kilometre) by the following eight types:






  (a) | active level crossings with:






  (i) | automatic user-side warning, |
| --- | --- | --- | --- |

6.2.

(a)

active level crossings with:

(i)

automatic user-side warning,

| (ii) | automatic user-side protection, |
| --- | --- |

(ii)

automatic user-side protection,

| (iii) | automatic user-side protection and warning, |
| --- | --- |

(iii)

automatic user-side protection and warning,

| (iv) | automatic user-side protection and warning, and rail-side protection, |
| --- | --- |

(iv)

automatic user-side protection and warning, and rail-side protection,

| (v) | manual user-side warning, |
| --- | --- |

(v)

manual user-side warning,

| (vi) | manual user-side protection, |
| --- | --- |

(vi)

manual user-side protection,

| (vii) | manual user-side protection and warning. |
| --- | --- |

(vii)

manual user-side protection and warning.

| (b) | passive level crossings. |
| --- | --- |

(b)

passive level crossings.

7.   Indicators relating to the management of safety

Internal audits accomplished by infrastructure managers and railway undertakings as set out in the documentation of the safety management system. Total number of audits accomplished and the number as a percentage of audits required (and/or planned).

8.   Definitions

Common definitions for the CSIs and methods to calculate the economic impact of accidents are laid down in the Appendix.

Appendix

Common definitions for the CSIs and methods to calculate the economic impact of accidents

1.   Indicators relating to accidents

| 1.1. | “significant accident” means any accident involving at least one rail vehicle in motion, resulting in at least one killed or seriously injured person, or in significant damage to stock, track, other installations or environment, or extensive disruptions to traffic. Accidents in workshops, warehouses and depots are excluded. |
| --- | --- |

1.1.

| 1.2. | “significant damage to stock, track, other installations or environment” means damage that is equivalent to EUR 150 000 or more. |
| --- | --- |

1.2.

| 1.3. | “extensive disruptions to traffic” means that train services on a main railway line are suspended for six hours or more. |
| --- | --- |

1.3.

| 1.4. | “train” means one or more railway vehicles hauled by one or more locomotives or railcars, or one railcar travelling alone, running under a given number or specific designation from an initial fixed point to a terminal fixed point. A light engine, i.e. a locomotive travelling on its own, is considered to be a train. |
| --- | --- |

1.4.

| 1.5. | “collision of trains, including collisions with obstacles within the clearance gauge” means a front to front, front to end or a side collision between a part of a train and a part of another train, or with:






  (i) | shunting rolling stock, |
| --- | --- | --- |

1.5.

(i)

shunting rolling stock,

| (ii) | objects fixed or temporarily present on or near the track (except at level crossings if lost by a crossing vehicle or user). |
| --- | --- |

(ii)

objects fixed or temporarily present on or near the track (except at level crossings if lost by a crossing vehicle or user).

| 1.6. | “train derailment” means any case in which at least one wheel of a train leaves the rails. |
| --- | --- |

1.6.

| 1.7. | “level crossing accidents” means accidents at level crossings involving at least one railway vehicle and one or more crossing vehicles, other crossing users such as pedestrians or other objects temporarily present on or near the track if lost by a crossing vehicle/user. |
| --- | --- |

1.7.

| 1.8. | “accidents to persons caused by rolling stock in motion” means accidents to one or more persons who are either hit by a railway vehicle or by an object attached to, or that has become detached from, the vehicle. Persons who fall from railway vehicles are included, as well as persons who fall or are hit by loose objects when travelling on board vehicles. |
| --- | --- |

1.8.

| 1.9. | “fires in rolling stock” means fires and explosions that occur in railway vehicles (including their load) when they are running between the departure station and the destination, including when stopped at the departure station, the destination or intermediate stops, as well as during re-marshalling operations. |
| --- | --- |

1.9.

| 1.10. | “other types of accidents” means all accidents other than those already mentioned (train collisions, train derailments, at level crossing, to persons caused by rolling stock in motion and fires in rolling stock). |
| --- | --- |

1.10.

| 1.11. | “passenger” means any person, excluding members of the train crew, who makes a trip by rail. For accident statistics, passengers trying to embark/disembark onto/from a moving train are included. |
| --- | --- |

1.11.

| 1.12. | “employees (staff of contractors and self-employed contractors are included)” means any person whose employment is in connection with a railway and is at work at the time of the accident. It includes the crew of the train and persons handling rolling stock and infrastructure installations. |
| --- | --- |

1.12.

| 1.13. | “level crossing users” means all persons using a level crossing to cross the railway line by any mean of transport or by foot. |
| --- | --- |

1.13.

| 1.14. | “unauthorised persons on railway premises” means any person present on railway premises where such presence is forbidden, with the exception of level crossing users. |
| --- | --- |

1.14.

| 1.15. | “others (third parties)” means all persons not defined as “passengers”, “employees including the staff of contractors”, “level crossing users” or “unauthorised persons on railway premises”. |
| --- | --- |

1.15.

| 1.16. | “deaths (killed person)” means any person killed immediately or dying within 30 days as a result of an accident, excluding suicides. |
| --- | --- |

1.16.

| 1.17. | “injuries (seriously injured person)” means any person injured who was hospitalised for more than 24 hours as a result of an accident, excluding attempted suicides. |
| --- | --- |

1.17.

2.   Indicators relating to dangerous goods

| 2.1. | “accident involving the transport of dangerous goods” means any accident or incident that is subject to reporting in accordance with RID (2)/ADR section 1.8.5. |
| --- | --- |

2.1.

| 2.2. | “dangerous goods” means those substances and articles the carriage of which is prohibited by RID, or authorised only under the conditions prescribed therein. |
| --- | --- |

2.2.

3.   Indicators relating to suicides

| 3.1. | “suicide” means an act to deliberately injure oneself resulting in death, as recorded and classified by the competent national authority. |
| --- | --- |

3.1.

4.   Indicators relating to precursors of accidents

| 4.1. | “broken rails” means any rail which is separated in two or more pieces, or any rail from which a piece of metal becomes detached, causing a gap of more than 50 mm in length and more than 10 mm in depth on the running surface. |
| --- | --- |

4.1.

| 4.2. | “track buckles” means faults related to the continuum and the geometry of track, requiring track obstruction or immediate reduction of permitted speed to maintain safety. |
| --- | --- |

4.2.

| 4.3. | “wrong side signalling failure” means any failure of a signalling system (either to infrastructure or to rolling stock), resulting in signalling information less restrictive than that demanded. |
| --- | --- |

4.3.

| 4.4. | “Signal Passed at Danger (SPAD)” means any occasion when any part of a train proceeds beyond its authorised movement.
  Unauthorised movement means to pass:






  — | a trackside colour light signal or semaphore at danger, order to STOP, where an Automatic Train Control System (ATCS) or ATP system is not operational, |
| --- | --- | --- |

4.4.

Unauthorised movement means to pass:

—

a trackside colour light signal or semaphore at danger, order to STOP, where an Automatic Train Control System (ATCS) or ATP system is not operational,

| — | the end of a safety related movement authority provided in an ATCS or ATP system, |
| --- | --- |

—

the end of a safety related movement authority provided in an ATCS or ATP system,

| — | a point communicated by verbal or written authorisation laid down in regulations, |
| --- | --- |

—

a point communicated by verbal or written authorisation laid down in regulations,

| — | stop boards (buffer stops are not included) or hand signals. |
| --- | --- |

—

stop boards (buffer stops are not included) or hand signals.

Cases in which vehicles without any traction unit attached or a train that is unattended run away past a signal at danger are not included. Cases in which, for any reason, the signal is not turned to danger in time to allow the driver to stop the train before the signal are not included.

National Safety Authorities may report separately on the four indexes and shall report at least an aggregate indicator containing data on all four items.

| 4.5. | “broken wheels and broken axles” means a break affecting the essential parts of the wheel or the axle and creating a risk of accident (derailment or collision). |
| --- | --- |

4.5.

5.   Common methodologies to calculate the economic impact of accidents

| 5.1. | The Value of Preventing a Casualty (VPC) is composed of:






  1. | Value of safety per se: Willingness to Pay (WTP) values based on stated preference studies carried out in the Member State for which they are applied. |
| --- | --- | --- |

5.1.

1.

Value of safety per se: Willingness to Pay (WTP) values based on stated preference studies carried out in the Member State for which they are applied.

| 2. | Direct and indirect economic costs: cost values appraised in the Member State, composed of:






  — | medical and rehabilitation cost, |
| --- | --- | --- |

2.

Direct and indirect economic costs: cost values appraised in the Member State, composed of:

—

medical and rehabilitation cost,

| — | legal court cost, cost for police, private crash investigations, the emergency service and administrative costs of insurance, |
| --- | --- |

—

legal court cost, cost for police, private crash investigations, the emergency service and administrative costs of insurance,

| — | production losses: value to society of goods and services that could have been produced by the person if the accident had not occurred. |
| --- | --- |

—

production losses: value to society of goods and services that could have been produced by the person if the accident had not occurred.

| 5.2. | Common principles to appraise the value of safety per se and direct/indirect economic costs:
  For the value of safety per se, the assessment of whether available estimates are appropriate or not shall be based on the following considerations:






  — | estimates shall relate to a system for valuation of mortality risk reduction in the transport sector and follow a WTP approach according to stated preference methods, |
| --- | --- | --- |

5.2.

For the value of safety per se, the assessment of whether available estimates are appropriate or not shall be based on the following considerations:

—

estimates shall relate to a system for valuation of mortality risk reduction in the transport sector and follow a WTP approach according to stated preference methods,

| — | the respondent sample used for the values shall be representative of the population concerned. In particular, the sample has to reflect the age/income distribution along with other relevant socio-economic/demographic characteristics of the population, |
| --- | --- |

—

the respondent sample used for the values shall be representative of the population concerned. In particular, the sample has to reflect the age/income distribution along with other relevant socio-economic/demographic characteristics of the population,

| — | method for eliciting WTP values: survey design shall be such that questions are clear/meaningful to respondents. |
| --- | --- |

—

method for eliciting WTP values: survey design shall be such that questions are clear/meaningful to respondents.

Direct and indirect economic costs shall be appraised on the basis of the real costs borne by society.

| 5.3. | “Cost of damage to environment” means costs that are to be met by Railway Undertakings/Infrastructure Managers, appraised on the basis of their experience, in order to restore the damaged area to its state before the railway accident. |
| --- | --- |

5.3.

| 5.4. | “Cost of material damage to rolling stock or infrastructure” means the cost of providing new rolling stock or infrastructure, with the same functionalities and technical parameters as that damaged beyond repair, and the cost of restoring repairable rolling stock or infrastructure to its state before the accident. Both are to be estimated by Railway Undertakings/Infrastructure Managers on the basis of their experience. Also includes costs related to leasing rolling stock, as a consequence of non availability due to damaged vehicles. |
| --- | --- |

5.4.

| 5.5. | “Cost of delays as a consequence of accidents” means the monetary value of delays incurred by users of rail transport (passengers and freight customers) as a consequence of accidents, calculated by the following model:

  VT= monetary value of travel time savings





  Value of time for a passenger of a train (an hour)





  VTP = [VT of work passengers]*[Average percentage of work passengers per year] + [VT of non-work passengers]*[Average percentage of non-work passengers per year] |
| --- | --- |

5.5.

VT= monetary value of travel time savings

Value of time for a passenger of a train (an hour)

VTP = [VT of work passengers]*[Average percentage of work passengers per year] + [VT of non-work passengers]*[Average percentage of non-work passengers per year]

| VT measured in EUR per passenger per hour |
| --- |

VT measured in EUR per passenger per hour

| Value of time for a freight train (an hour)





  VTF = [VT of freight trains]*[(Tonne-Km)/(Train-Km)] |
| --- |

Value of time for a freight train (an hour)

VTF = [VT of freight trains]*[(Tonne-Km)/(Train-Km)]

| VT is measured in EUR per freight tonne per hour |
| --- |

VT is measured in EUR per freight tonne per hour

| Average tonnes of goods transported per train in one year = (Tonne-Km)/(Train-Km) |
| --- |

Average tonnes of goods transported per train in one year = (Tonne-Km)/(Train-Km)

CM
  = Cost of 1 minute of delay of a train

| Passenger train






  CMP = K1*(VTP/60)*[(Passenger-Km)/(Train-Km)] |
| --- |

Passenger train

CMP = K1*(VTP/60)*[(Passenger-Km)/(Train-Km)]

| Average number of passengers per train in one year = (Passenger-Km)/(Train-Km) |
| --- |

Average number of passengers per train in one year = (Passenger-Km)/(Train-Km)

| Freight train






  CMF = K2* (VTF/60) |
| --- |

Freight train

CMF = K2* (VTF/60)

| Factors K1 and K2 are between the value of time and the value of delay, as estimated by stated preference studies, to take into account that the time lost as a result of delays is perceived significantly more negatively than normal travel time. |
| --- |

Factors K1 and K2 are between the value of time and the value of delay, as estimated by stated preference studies, to take into account that the time lost as a result of delays is perceived significantly more negatively than normal travel time.

Cost of delays of an accident = CMP*(Minutes of delay of passenger trains) + CMF*(Minutes of delay of freight trains)

Scope of the model

Cost of delays is to be calculated for all accidents, both significant and non-significant.

Delays are to be calculated as follows:

| — | real delays on the railway lines where accidents occurred, |
| --- | --- |

—

real delays on the railway lines where accidents occurred,

| — | real delays or, if not possible, estimated delays on the other affected lines. |
| --- | --- |

—

real delays or, if not possible, estimated delays on the other affected lines.

6.   Indicators relating to technical safety of infrastructure and its implementation

| 6.1. | “Automatic Train Protection (ATP)” means a system that enforces obedience to signals and speed restrictions by speed supervision, including automatic stop at signals. |
| --- | --- |

6.1.

| 6.2. | “level crossing” means any level intersection between the railway and a passage, as recognised by the infrastructure manager and open to public or private users. Passages between platforms within stations are excluded, as well as passages over tracks for the sole use of employees. |
| --- | --- |

6.2.

| 6.3. | “passage” means any public or private road, street or highway, including footpaths and bicycle paths, or other route provided for the passage of people, animals, vehicles or machinery. |
| --- | --- |

6.3.

| 6.4. | “active level crossing” means a level crossing where the crossing users are protected from or warned of the approaching train by the activation of devices when it is unsafe for the user to traverse the crossing.






  — | Protection by the use of physical devices:






  — | half or full barriers, |
| --- | --- | --- | --- |

6.4.

—

Protection by the use of physical devices:

—

half or full barriers,

| — | gates. |
| --- | --- |

—

gates.

| — | Warning by the use of fixed equipment at level crossings:






  — | visible devices: lights, |
| --- | --- | --- |

—

Warning by the use of fixed equipment at level crossings:

—

visible devices: lights,

| — | audible devices: bells, horns, klaxons, etc., |
| --- | --- |

—

audible devices: bells, horns, klaxons, etc.,

| — | physical devices, e.g. vibration due to road bumps. |
| --- | --- |

—

physical devices, e.g. vibration due to road bumps.

Active level crossings are classified as:

| 1. | “Level crossing with crossing-user-side automatic protection and/or warning” means a level crossing where the crossing protection and/or warning are activated by the approaching train.
  These level crossings are classified as:






  (i) | automatic user-side warning, |
| --- | --- | --- |

1.

“Level crossing with crossing-user-side automatic protection and/or warning” means a level crossing where the crossing protection and/or warning are activated by the approaching train.

These level crossings are classified as:

(i)

automatic user-side warning,

| (ii) | automatic user-side protection, |
| --- | --- |

(ii)

automatic user-side protection,

| (iii) | automatic user-side protection and warning, |
| --- | --- |

(iii)

automatic user-side protection and warning,

| (iv) | automatic user-side protection and warning, and rail-side protection.

  “Rail-side protection” means a signal or other train protection system that only permits a train to proceed if the level crossing is user-side protected and free from incursion; the latter by means of surveillance and/or obstacle detection. |
| --- | --- |

(iv)

automatic user-side protection and warning, and rail-side protection.

“Rail-side protection” means a signal or other train protection system that only permits a train to proceed if the level crossing is user-side protected and free from incursion; the latter by means of surveillance and/or obstacle detection.

| 2. | “Level crossing with crossing-user-side manual protection and/or warning” means a level crossing where protection and/or warning is manually activated and there is not an interlocked railway signal showing, to the train, a running aspect only when protection and/or warning of level crossing are activated.
  These level crossings are classified as:






  (v) | manual user-side warning, |
| --- | --- | --- |

2.

“Level crossing with crossing-user-side manual protection and/or warning” means a level crossing where protection and/or warning is manually activated and there is not an interlocked railway signal showing, to the train, a running aspect only when protection and/or warning of level crossing are activated.

These level crossings are classified as:

(v)

manual user-side warning,

| (vi) | manual user-side protection, |
| --- | --- |

(vi)

manual user-side protection,

| (vii) | manual user-side protection and warning. |
| --- | --- |

(vii)

manual user-side protection and warning.

| 6.5. | “Passive level crossing” means a level crossing without any form of warning system and/or protection activated when it is unsafe for the user to traverse the crossing. |
| --- | --- |

6.5.

7.   Indicators relating to the management of safety

| 7.1. | “audit” means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled. |
| --- | --- |

7.1.

8.   Definitions of the scaling bases

| 8.1. | “train-km” means the unit of measure representing the movement of a train over one kilometre. The distance used is the distance actually run, if available, otherwise the standard network distance between the origin and destination shall be used. Only the distance on the national territory of the reporting country shall be taken into account. |
| --- | --- |

8.1.

| 8.2. | “passenger-km” means the unit of measure representing the transport of one passenger by rail over a distance of one kilometre. Only the distance on the national territory of the reporting country shall be taken into account. |
| --- | --- |

8.2.

| 8.3. | “line km” means the length measured in kilometres of the railway network in Member States, whose scope is laid down in Article 2. For multiple-track railway lines, only the distance between origin and destination is to be counted. |
| --- | --- |

8.3.

| 8.4. | “track km” means the length measured in kilometres of the railway network in Member States, whose scope is laid down in Article 2. Each track of a multiple-track railway line is to be counted. |
| --- | --- |

8.4.

---

(1)  
  OJ L 14, 21.1.2003, p. 1.

1

(2)  RID, Regulations concerning the International Carriage of Dangerous Goods by Rail, as adopted under Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).

2

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/75 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/75

---

COMMISSION DIRECTIVE 2009/150/EC

of 27 November 2009

amending Directive 98/8/EC of the European Parliament and of the Council to include flocoumafen as an active substance in Annex I thereto

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes flocoumafen. |
| --- | --- |

(1)

Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes flocoumafen.

| (2) | Pursuant to Regulation (EC) No 1451/2007, flocoumafen has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC. |
| --- | --- |

(2)

Pursuant to Regulation (EC) No 1451/2007, flocoumafen has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

| (3) | The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 4 October 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007. |
| --- | --- |

(3)

The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 4 October 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

| (4) | The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 15 May 2009, in an assessment report. |
| --- | --- |

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 15 May 2009, in an assessment report.

| (5) | It appears from the examinations made that biocidal products used as rodenticides and containing flocoumafen may be expected not to present a risk to humans except for accidental incidents with children. A risk has been identified regarding non-target animals. However, flocoumafen is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include flocoumafen in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing flocoumafen can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. |
| --- | --- |

(5)

It appears from the examinations made that biocidal products used as rodenticides and containing flocoumafen may be expected not to present a risk to humans except for accidental incidents with children. A risk has been identified regarding non-target animals. However, flocoumafen is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include flocoumafen in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing flocoumafen can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

| (6) | In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing flocoumafen and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long-term effects of the substance on the environment. To this end, certain constraints such as the maximum concentration, the prohibition on marketing the active substance in products which are not ready to use and the use of aversive agents should be imposed across the board, while other conditions should be imposed by the Member States on a case-by-case basis. |
| --- | --- |

(6)

In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing flocoumafen and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long-term effects of the substance on the environment. To this end, certain constraints such as the maximum concentration, the prohibition on marketing the active substance in products which are not ready to use and the use of aversive agents should be imposed across the board, while other conditions should be imposed by the Member States on a case-by-case basis.

| (7) | In view of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, flocoumafen should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed. |
| --- | --- |

(7)

In view of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, flocoumafen should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

| (8) | It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance flocoumafen and also to facilitate the proper operation of the biocidal products market in general. |
| --- | --- |

(8)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance flocoumafen and also to facilitate the proper operation of the biocidal products market in general.

| (9) | A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion. |
| --- | --- |

(9)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

| (10) | After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing flocoumafen to ensure that they comply with Directive 98/8/EC. |
| --- | --- |

(10)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing flocoumafen to ensure that they comply with Directive 98/8/EC.

| (11) | Directive 98/8/EC should therefore be amended accordingly. |
| --- | --- |

(11)

Directive 98/8/EC should therefore be amended accordingly.

| (12) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(12)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 30 September 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.

They shall apply those provisions from 1 October 2011.

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 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, 27 November 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 123, 24.4.1998, p. 1.

1

(2)  
  OJ L 325, 11.12.2007, p. 3.

2

---

ANNEX

The following entry ‘No 31’ is inserted in Annex I to Directive 98/8/EC:

| No | Common name | IUPAC name
  Identification numbers | Minimum purity of the active substance in the biocidal product as placed on the market | Date of inclusion | Deadline for compliance with Article 16(3)
  (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances) | Expiry date of inclusion | Product type | Specific provisions (*1) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| ‘31 | Flocoumafen | 4-hydroxy-3-[(1RS,3RS;1RS,3RS)-1,2,3,4-tetrahydro-3-[4-(4-trifluoromethylbenzyloxy)phenyl]-1-naphthyl]coumarin
  EC No 421-960-0
  CAS No 90035-08-8 | 955  g/kg | 1 October 2011 | 30 September 2013 | 30 September 2016 | 14 | In view of the fact that the active substance characteristics render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the active substance is to be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.
  Member States shall ensure that authorisations are subject to the following conditions:






  1. | The nominal concentration of the active substance in products shall not exceed 50 mg/kg and only ready-for-use products shall be authorised. |

No

Common name

IUPAC name

Identification numbers

Minimum purity of the active substance in the biocidal product as placed on the market

Date of inclusion

Deadline for compliance with Article 16(3)

(except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

Expiry date of inclusion

Product type

Specific provisions (*1)

‘31

Flocoumafen

4-hydroxy-3-[(1RS,3RS;1RS,3RS)-1,2,3,4-tetrahydro-3-[4-(4-trifluoromethylbenzyloxy)phenyl]-1-naphthyl]coumarin

EC No 421-960-0

CAS No 90035-08-8

955  g/kg

1 October 2011

30 September 2013

30 September 2016

14

In view of the fact that the active substance characteristics render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the active substance is to be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.

Member States shall ensure that authorisations are subject to the following conditions:

1.

The nominal concentration of the active substance in products shall not exceed 50 mg/kg and only ready-for-use products shall be authorised.

| 2. | Products shall contain an aversive agent and, where appropriate, a dye. |
| --- | --- |

2.

Products shall contain an aversive agent and, where appropriate, a dye.

| 3. | Products shall not be used as tracking powder. |
| --- | --- |

3.

Products shall not be used as tracking powder.

| 4. | Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. Those include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’ |
| --- | --- |

4.

Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. Those include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’

---

(*1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

*1

---

| 28.11.2009 | EN | Official Journal of the European Union | L 313/78 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/78

---

COMMISSION DIRECTIVE 2009/151/EC

of 27 November 2009

amending Directive 98/8/EC of the European Parliament and of the Council to include tolylfluanid as an active substance in Annex I thereto

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes tolylfluanid. |
| --- | --- |

(1)

Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes tolylfluanid.

| (2) | Pursuant to Regulation (EC) No 1451/2007, tolylfluanid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC. |
| --- | --- |

(2)

Pursuant to Regulation (EC) No 1451/2007, tolylfluanid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

| (3) | Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 24 April 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007. |
| --- | --- |

(3)

Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 24 April 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

| (4) | The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 15 May 2009, in an assessment report. |
| --- | --- |

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 15 May 2009, in an assessment report.

| (5) | It appears from the examinations made that biocidal products used as wood preservatives and containing tolylfluanid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include tolylfluanid in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing tolylfluanid can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. |
| --- | --- |

(5)

It appears from the examinations made that biocidal products used as wood preservatives and containing tolylfluanid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include tolylfluanid in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing tolylfluanid can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

| (6) | However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, products containing tolylfluanid and used as wood preservatives should not be authorised for those uses. |
| --- | --- |

(6)

However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, products containing tolylfluanid and used as wood preservatives should not be authorised for those uses.

| (7) | In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing tolylfluanid and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, it is appropriate to require that products intended for industrial or professional use be used with appropriate protective equipment unless it can be demonstrated that risks for industrial or professional users can be reduced by other means. Appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Instructions should therefore be provided to indicate that treated timber must be stored after treatment under shelter and/or on impermeable hard standing and that any losses must be collected for reuse or disposal. |
| --- | --- |

(7)

In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing tolylfluanid and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, it is appropriate to require that products intended for industrial or professional use be used with appropriate protective equipment unless it can be demonstrated that risks for industrial or professional users can be reduced by other means. Appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Instructions should therefore be provided to indicate that treated timber must be stored after treatment under shelter and/or on impermeable hard standing and that any losses must be collected for reuse or disposal.

| (8) | It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance tolylfluanid and also to facilitate the proper operation of the biocidal products market in general. |
| --- | --- |

(8)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance tolylfluanid and also to facilitate the proper operation of the biocidal products market in general.

| (9) | A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion. |
| --- | --- |

(9)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

| (10) | After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing tolylfluanid to ensure that they comply with Directive 98/8/EC. |
| --- | --- |

(10)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing tolylfluanid to ensure that they comply with Directive 98/8/EC.

| (11) | Directive 98/8/EC should therefore be amended accordingly. |
| --- | --- |

(11)

Directive 98/8/EC should therefore be amended accordingly.

| (12) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(12)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 30 September 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.

They shall apply those provisions from 1 October 2011.

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 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, 27 November 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 123, 24.4.1998, p. 1.

1

(2)  
  OJ L 325, 11.12.2007, p. 3.

2

---

ANNEX

The following entry ‘No 29’ is inserted in Annex I to Directive 98/8/EC:

| No | Common name | IUPAC name
  Identification numbers | Minimum purity of the active substance in the biocidal product as placed on the market | Date of inclusion | Deadline for compliance with Article 16(3)
  (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances) | Expiry date of inclusion | Product type | Specific provisions (*1) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| ‘29 | tolylfluanid | Dichloro-N-[(dimethylamino)sulphonyl]fluoro-N-(p-tolyl)methanesulphenamide
  EC No: 211-986-9
  CAS No: 731-27-1 | 960 g/kg | 1 October 2011 | 30 September 2013 | 30 September 2021 | 8 | Products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering.
  Member States shall ensure that authorisations are subject to the following conditions:






  1. | In view of the assumptions made during the risk assessment, products authorised for industrial or professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial or professional users can be reduced to an acceptable level by other means. |

No

Common name

IUPAC name

Identification numbers

Minimum purity of the active substance in the biocidal product as placed on the market

Date of inclusion

Deadline for compliance with Article 16(3)

(except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

Expiry date of inclusion

Product type

Specific provisions (*1)

‘29

tolylfluanid

Dichloro-N-[(dimethylamino)sulphonyl]fluoro-N-(p-tolyl)methanesulphenamide

EC No: 211-986-9

CAS No: 731-27-1

960 g/kg

1 October 2011

30 September 2013

30 September 2021

8

Products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering.

Member States shall ensure that authorisations are subject to the following conditions:

1.

In view of the assumptions made during the risk assessment, products authorised for industrial or professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial or professional users can be reduced to an acceptable level by other means.

| 2. | In view of the risks identified for the soil and aquatic compartments, appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety-data sheets of products authorised for industrial or professional use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’ |
| --- | --- |

2.

In view of the risks identified for the soil and aquatic compartments, appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety-data sheets of products authorised for industrial or professional use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

---

(*1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm

*1

---

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

DECISIONS

Council

| 28.11.2009 | EN | Official Journal of the European Union | L 313/81 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/81

---

COUNCIL DECISION

of 20 October 2009

on the signing and conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

(2009/855/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Articles 14 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1) (the ‘Association Agreement’), in force since 1 June 2000, provide that the Community and Israel shall progressively implement greater liberalisation of their reciprocal trade in agricultural and fisheries products. Article 9(4) of the Association Agreement foresees the possibility for further mutual tariff concessions in processed agricultural products listed in Annexes II to VI to that agreement. |
| --- | --- |

(1)

Articles 14 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1) (the ‘Association Agreement’), in force since 1 June 2000, provide that the Community and Israel shall progressively implement greater liberalisation of their reciprocal trade in agricultural and fisheries products. Article 9(4) of the Association Agreement foresees the possibility for further mutual tariff concessions in processed agricultural products listed in Annexes II to VI to that agreement.

| (2) | On 11 April 2005, the EU-Israel Association Council adopted an Action Plan of the European Neighbourhood Policy that includes a specific provision for the further liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products. |
| --- | --- |

(2)

On 11 April 2005, the EU-Israel Association Council adopted an Action Plan of the European Neighbourhood Policy that includes a specific provision for the further liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products.

| (3) | On 14 November 2005, the Council authorised the Commission to conduct negotiations within the framework of the Association Agreement, in order to achieve a greater liberalisation of reciprocal trade in agricultural products, processed agricultural products and fish and fishery products. |
| --- | --- |

(3)

On 14 November 2005, the Council authorised the Commission to conduct negotiations within the framework of the Association Agreement, in order to achieve a greater liberalisation of reciprocal trade in agricultural products, processed agricultural products and fish and fishery products.

| (4) | On 18 July 2008, the Commission concluded negotiations on behalf of the Community on an Agreement in the form of an Exchange of Letters with a view to amending the Association Agreement. |
| --- | --- |

(4)

On 18 July 2008, the Commission concluded negotiations on behalf of the Community on an Agreement in the form of an Exchange of Letters with a view to amending the Association Agreement.

| (5) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2). |
| --- | --- |

(5)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2).

| (6) | The Agreement in the form of an Exchange of Letters should be approved, |
| --- | --- |

(6)

The Agreement in the form of an Exchange of Letters should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, which amends the Association Agreement and, in particular, replaces Protocols 1 and 2 of that Agreement, as well as their annexes, is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

1.   The Commission shall adopt the necessary implementing measures for Protocols 1 and 2 in accordance with Decision 1999/468/EC.

2.   The Commission shall be assisted in this task by the Management Committee for the Common Organisation of Agricultural Markets, established by Article 195 of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (3), by the Management Committee for Fisheries Products, established by Article 38 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (4), or by the Management Committee on horizontal questions concerning trade in Processed Agricultural Products not listed in Annex 1 to the Treaty, established by Article 16 of Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (5) or, where appropriate, by the committees established by the corresponding provisions of other regulations on the common organisation of markets or by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6).

Article 3

Where the Community needs to take a safeguard measure concerning agricultural products and fish and fishery products, as provided for in the Association Agreement, that measure shall be adopted in accordance with the procedure provided for in Article 159(2) of Council Regulation (EC) No 1234/2007 or in Article 30 of Council Regulation (EC) No 104/2000. In the case of processed agricultural products, such safeguard measures shall, provided that the conditions laid down in the relevant provisions of the Association Agreement are met, be adopted in accordance with the relevant provisions of Regulation (EEC) No 2783/75 of the Council of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (7), Council Regulation (EC) No 3448/93 and Council Regulation (EC) No 1667/2006 of 7 November 2006 on glucose and lactose (8).

Article 4

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

Article 5

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

Done at Luxembourg, 20 October 2009.

For the Council

The President

A. BORG

---

(1)  
  OJ L 147, 21.6.2000, p. 3.

1

(2)  
  OJ L 184, 17.7.1999, p. 23.

2

(3)  
  OJ L 299, 16.11.2007, p. 1.

3

(4)  
  OJ L 17, 21.1.2000, p. 22.

4

(5)  
  OJ L 318, 20.12.1993, p. 18.

5

(6)  
  OJ L 302, 19.10.1992, p. 1.

6

(7)  
  OJ L 282, 1.11.1975, p. 104.

7

(8)  
  OJ L 312, 11.11.2006, p. 1.

8

---

AGREEMENT

in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

A.   Letter from the European Community

Letter from the European Community

Sir/Madam,

I have the honour of referring to the negotiations which took place under Articles 9(4), 14 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (the ‘Association Agreement’), in force since 1 June 2000, which foresees the possibility for additional mutual tariff concessions on processed agricultural products and provides that the Community and the State of Israel shall progressively establish a greater liberalisation of their trade in agricultural products and fish and fishery products.

On the conclusion of the negotiations, the two Parties agreed upon the following amendments to the Association Agreement:

| 1. | Article 7 shall be replaced by the following:
  ‘The provisions of this Chapter shall apply to products originating in the Community and in Israel other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and those listed in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.’ |
| --- | --- |

1.

Article 7 shall be replaced by the following:

‘The provisions of this Chapter shall apply to products originating in the Community and in Israel other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and those listed in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.’

| 2. | Article 9 shall be deleted. |
| --- | --- |

2.

Article 9 shall be deleted.

| 3. | The title of Chapter 3 shall be replaced by the following:

   


  ‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS’. |
| --- | --- |

3.

The title of Chapter 3 shall be replaced by the following:

‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS’.

| 4. | Article 10 shall be replaced by the following:
  ‘The provisions of this Chapter shall apply to products originating in the Community and in Israel listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.’ |
| --- | --- |

4.

Article 10 shall be replaced by the following:

‘The provisions of this Chapter shall apply to products originating in the Community and in Israel listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.’

| 5. | Article 12 shall be replaced by the following:
  ‘Agricultural products, processed agricultural products and fish and fishery products originating in Israel, on importation into the Community, shall be subject to the arrangements set out in Protocols 1 and 3.’ |
| --- | --- |

5.

Article 12 shall be replaced by the following:

‘Agricultural products, processed agricultural products and fish and fishery products originating in Israel, on importation into the Community, shall be subject to the arrangements set out in Protocols 1 and 3.’

| 6. | Article 13 shall be replaced by the following:
  ‘Agricultural products, processed agricultural products and fish and fishery products originating in the Community, on importation into Israel, shall be subject to the arrangements set out in Protocols 2 and 3.’ |
| --- | --- |

6.

Article 13 shall be replaced by the following:

‘Agricultural products, processed agricultural products and fish and fishery products originating in the Community, on importation into Israel, shall be subject to the arrangements set out in Protocols 2 and 3.’

| 7. | Article 14 shall be replaced by the following:
  ‘The European Community and Israel shall meet three years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products.’ |
| --- | --- |

7.

Article 14 shall be replaced by the following:

‘The European Community and Israel shall meet three years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products.’

| 8. | Article 15 shall be deleted. |
| --- | --- |

8.

Article 15 shall be deleted.

| 9. | Annexes I to VI shall be deleted. |
| --- | --- |

9.

Annexes I to VI shall be deleted.

| 10. | Protocols 1 and 2 and their annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters. |
| --- | --- |

10.

Protocols 1 and 2 and their annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters.

| 11. | A Common Declaration on geographical indications, appearing in Annex III to this Exchange of Letters, shall be added. |
| --- | --- |

11.

A Common Declaration on geographical indications, appearing in Annex III to this Exchange of Letters, shall be added.

This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the second month following the date of deposit of the last instrument of approval.

I would be grateful if you could confirm the agreement of your Government to the above.

Please accept, Sir, the assurance of my highest consideration.

Съставено в Брюксел на

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje

Kelt Brüsszelben,

Magħmula fi Brussel,

Gedaan te Brussel,

Sporządzono w Brukseli dnia

Feito em Bruxelas,

Adoptat la Bruxelles,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

Image 30

Image 31

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapen

Image 32

Image 33

ANNEX I

PROTOCOL 1

concerning the arrangements applicable to imports into the European Community of agricultural products, processed agricultural products and fish and fishery products originating in the State of Israel

| 1. | The products listed in the Annex, originating in Israel, shall be admitted for import into the Community, subject to the conditions contained hereinafter and in the Annex. |
| --- | --- |

1.

| 2. | From the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, (hereinafter ‘the Agreement in the form of an Exchange of Letters’), customs duties and charges having equivalent effect (including their agriculture component), which are applicable on the import into the European Community of agricultural products, processed agricultural products and fish and fishery products originating in Israel shall be eliminated, except as otherwise provided for in Table 1 of the Annex. |
| --- | --- |

2.

| 3. | For those products originating in Israel listed in Table 2 of the Annex, customs duties shall be eliminated or reduced within the limit of the tariff quotas listed in column ‘b’.
  Customs duties in respect of the quantities in excess of the quotas shall be reduced by the percentage listed in column ‘c’.
  For the first year after the date of entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement. |
| --- | --- |

3.

Customs duties in respect of the quantities in excess of the quotas shall be reduced by the percentage listed in column ‘c’.

For the first year after the date of entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement.

| 4. | Notwithstanding the conditions under point 2 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 (1 2 11), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty. |
| --- | --- |

4.

| 5. | For those products originating in Israel listed in Table 3, customs duties shall be bound to the current applied duties listed in columns ‘a’ and ‘b’. |
| --- | --- |

5.

ANNEX TO PROTOCOL 1

Table 1

Products not included in the table below are duty free. A preferential treatment for some of the products listed below is indicated in Tables 2 and 3.

| CN Code (1 2 11) | Description (3 12) |
| --- | --- |
| 0105 12 00 | Live turkeys weighing not more than 185 g |
| 0207 27 | Turkey cuts and offal, frozen |
| 0207 33
  0207 34
  0207 35
  0207 36 | Meat of ducks, geese or guinea fowls |
| ex 0302 69 99
  ex 0303 79 98
  ex 0304 19 99
  ex 0304 29 99
  ex 0305 30 90 | Bogue (Boops boops): fresh or chilled; frozen; fillets, frozen, and other fish meat, fresh or chilled; fillets, dried, salted or in brine, but not smoked |
| ex 0301 99 80
  0302 69 61
  0302 69 95
  0303 79 71
  ex 0303 79 98
  ex 0304 19 39
  ex 0304 19 99
  ex 0304 29 99
  ex 0304 99 99
  ex 0305 10 00
  ex 0305 30 90
  ex 0305 49 80
  ex 0305 59 80
  ex 0305 69 80 | Sea bream (Dentex dentex and Pagellus spp.) and gilt-head sea breams (Sparus aurata): live; fresh or chilled; frozen; fish fillets and other fish meat, fresh, chilled or frozen; dried, salted or in brine; smoked; flours, meals and pellets, fit for human consumption |
| ex 0301 99 80
  0302 69 94
  ex 0303 77 00
  ex 0304 19 39
  ex 0304 19 99
  ex 0304 29 99
  ex 0304 99 99
  ex 0305 10 00
  ex 0305 30 90
  ex 0305 49 80
  ex 0305 59 80
  ex 0305 69 80 | Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; fish fillets and other fish meat, fresh, chilled or frozen; dried, salted or in brine, smoked; flours, meals and pellets, fit for human consumption |
| 0404 10 | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter |
| 0408 11 80 | Egg yolks, dried, for human consumption, whether or not containing added sugar or other sweetening matter |
| 0408 19 89 | Egg yolks (other than liquid), frozen or otherwise preserved, suitable for human consumption, whether or not containing added sugar or other sweetening matter (excl. dried) |
| 0408 91 80 | Dried bird’s eggs, not in shell, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excl. egg yolks) |
| 0409 00 00 | Natural honey |
| 0603 11 00
  0603 12 00
  0603 13 00
  0603 14 00
  0603 19 10
  0603 19 90 | Cut flowers and flower buds, fresh |
| 0701 90 50 | New potatoes, from 1 January to 30 June, fresh or chilled |
| 0702 00 00 | Tomatoes, fresh or chilled |
| 0703 20 00 | Garlic, fresh or chilled |
| 0707 00 | Cucumbers and gherkins, fresh or chilled |
| 0709 60 10 | Sweet peppers, fresh or chilled |
| 0709 90 70 | Courgettes, fresh or chilled |
| 0710 40 00 | Sweet corn (uncooked or cooked by steaming or boiling in water), frozen |
| 0710 90 00 | Mixtures of vegetables(uncooked or cooked by steaming or boiling in water), frozen |
| 0711 90 30 | Sweet corn, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption |
| 0712 90 30 | Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared |
| 0805 10 | Oranges, fresh or dried |
| 0805 20 10 | Clementines, fresh or dried |
| 0805 20 50 | Mandarins and wilkings, fresh or dried |
| 0806 10 10 | Table grapes, fresh |
| 0807 19 00 | Melons, fresh, other than watermelons |
| 0810 10 00 | Fresh strawberries |
| 1509 10 | Virgin olive oil |
| 1602 | Prepared or preserved meat, meat offal or blood (excl. sausages and similar products, and meat extracts and juices) |
| 1604 13 | Prepared or preserved sardines, sardinella and brisling or sprats, whole or in pieces, but not minced |
| 1604 14 | Prepared or preserved tunas, skipjack and bonito (Sarda spp.), whole or in pieces, but not minced |
| 1604 15 | Prepared or preserved mackerel, whole or in pieces, but not minced |
| 1604 19 31 | Fillets known as ‘loins’ of fish of the genus Euthynnus, other than skipjack (Euthynnus (Katsuwonus) pelamis), prepared or preserved, whole or in pieces, but not minced |
| 1604 19 39 | Prepared or preserved fish of the genus Euthynnus, other than skipjack (Euthynnus (Katsuwonus) pelamis), whole or in pieces, but not minced, other than fillets known as ‘loins’ |
| 1604 20 50 | Prepared or preserved sardines, bonito, mackerel of species Scomber scombrus and Scomber japonicus and fish of the species Orcynopsis unicolor |
| 1604 20 70 | Prepared or preserved tunas, skipjack or other fish of genus Euthynnus |
| 1701 | Cane or beet sugar chemically pure sucrose, in solid form |
| ex 1702 | Other sugars, including chemically pure lactose, maltose, and glucose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey, caramel, with the exception of chemically pure fructose of CN code 1702 50 00 . |
| 1704 10 90 | Chewing gum whether or not sugar-coated, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) |
| ex 1704 90 | Other sugar confectionery, not containing cocoa; with the exception of:






  — | liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within the CN code 1704 90 10 ; |

CN Code (1 2 11)

Description (3 12)

0105 12 00

Live turkeys weighing not more than 185 g

0207 27

Turkey cuts and offal, frozen

0207 33

0207 34

0207 35

0207 36

Meat of ducks, geese or guinea fowls

ex 0302 69 99

ex 0303 79 98

ex 0304 19 99

ex 0304 29 99

ex 0305 30 90

Bogue (Boops boops): fresh or chilled; frozen; fillets, frozen, and other fish meat, fresh or chilled; fillets, dried, salted or in brine, but not smoked

ex 0301 99 80

0302 69 61

0302 69 95

0303 79 71

ex 0303 79 98

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bream (Dentex dentex and Pagellus spp.) and gilt-head sea breams (Sparus aurata): live; fresh or chilled; frozen; fish fillets and other fish meat, fresh, chilled or frozen; dried, salted or in brine; smoked; flours, meals and pellets, fit for human consumption

ex 0301 99 80

0302 69 94

ex 0303 77 00

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; fish fillets and other fish meat, fresh, chilled or frozen; dried, salted or in brine, smoked; flours, meals and pellets, fit for human consumption

0404 10

Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

0408 11 80

Egg yolks, dried, for human consumption, whether or not containing added sugar or other sweetening matter

0408 19 89

Egg yolks (other than liquid), frozen or otherwise preserved, suitable for human consumption, whether or not containing added sugar or other sweetening matter (excl. dried)

0408 91 80

Dried bird’s eggs, not in shell, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excl. egg yolks)

0409 00 00

Natural honey

0603 11 00

0603 12 00

0603 13 00

0603 14 00

0603 19 10

0603 19 90

Cut flowers and flower buds, fresh

0701 90 50

New potatoes, from 1 January to 30 June, fresh or chilled

0702 00 00

Tomatoes, fresh or chilled

0703 20 00

Garlic, fresh or chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0709 60 10

Sweet peppers, fresh or chilled

0709 90 70

Courgettes, fresh or chilled

0710 40 00

Sweet corn (uncooked or cooked by steaming or boiling in water), frozen

0710 90 00

Mixtures of vegetables(uncooked or cooked by steaming or boiling in water), frozen

0711 90 30

Sweet corn, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0712 90 30

Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared

0805 10

Oranges, fresh or dried

0805 20 10

Clementines, fresh or dried

0805 20 50

Mandarins and wilkings, fresh or dried

0806 10 10

Table grapes, fresh

0807 19 00

Melons, fresh, other than watermelons

0810 10 00

Fresh strawberries

1509 10

Virgin olive oil

1602

Prepared or preserved meat, meat offal or blood (excl. sausages and similar products, and meat extracts and juices)

1604 13

Prepared or preserved sardines, sardinella and brisling or sprats, whole or in pieces, but not minced

1604 14

Prepared or preserved tunas, skipjack and bonito (Sarda spp.), whole or in pieces, but not minced

1604 15

Prepared or preserved mackerel, whole or in pieces, but not minced

1604 19 31

Fillets known as ‘loins’ of fish of the genus Euthynnus, other than skipjack (Euthynnus (Katsuwonus) pelamis), prepared or preserved, whole or in pieces, but not minced

1604 19 39

Prepared or preserved fish of the genus Euthynnus, other than skipjack (Euthynnus (Katsuwonus) pelamis), whole or in pieces, but not minced, other than fillets known as ‘loins’

1604 20 50

Prepared or preserved sardines, bonito, mackerel of species Scomber scombrus and Scomber japonicus and fish of the species Orcynopsis unicolor

1604 20 70

Prepared or preserved tunas, skipjack or other fish of genus Euthynnus

1701

Cane or beet sugar chemically pure sucrose, in solid form

ex 1702

Other sugars, including chemically pure lactose, maltose, and glucose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey, caramel, with the exception of chemically pure fructose of CN code 1702 50 00 .

1704 10 90

Chewing gum whether or not sugar-coated, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose)

ex 1704 90

Other sugar confectionery, not containing cocoa; with the exception of:

—

liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within the CN code 1704 90 10 ;

| — | white chocolate falling within the CN code 1704 90 30 ; |
| --- | --- |

—

white chocolate falling within the CN code 1704 90 30 ;

| — | pastes including marzipan, in immediate packagings of a net content of 1 kg or more falling within the CN code 1704 90 51 |
| --- | --- |

—

pastes including marzipan, in immediate packagings of a net content of 1 kg or more falling within the CN code 1704 90 51

1806 10 20

Cocoa powder containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 10 30

Cocoa powder containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 10 90

Cocoa powder containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1806 20

Other food preparations containing cocoa in block, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packagings, of a content exceeding 2 kg

ex 1901 90 99

Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

1905 20 30

1905 20 90

Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose)

2001 90 30

Sweet corn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid

2002 90 91

2002 90 99

Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight

2004 90 10

Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen

2005 80 00

Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

ex 2005 99 excluding 2005 99 50 and 2005 99 90

Other vegetables

2008 70

Canned peaches, including nectarines

2009 11

2009 12 00

2009 19

Orange juice

ex 2009 90

Mixtures of citrus juices

2101 12 98

2101 20 98

Preparations with a basis of coffee, tea or maté

ex 2106 90 98

Other food preparations not elsewhere specified or included (excluding protein concentrates and textured protein substances), containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

2905 43 00

2905 44

Mannitol and D-glucitol (sorbitol)

3302 10 29

Preparations containing all flavouring agents characterizing a beverage, containing by weight, 1,5 % or more of milk fat, 5 % or more of sucrose or isoglucose, 5 % or more of glucose or starch

3501 10 50

3501 10 90

3501 90 90

Casein, other than for the manufacture of regenerated textile fibres, caseinates and other casein derivates

3502 11 90

Dried egg albumin, for human consumption

3502 19 90

Other egg albumin, for human consumption

3502 20 91

Dried milk albumin, for human consumption

3502 20 99

Other milk albumin, for human consumption

3505 10

3505 20

Dextrins, other modified starches, and glues based on starches or on dextrins or other modified starches

3809 10

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceouos substances

3824 60

Sorbitol other than that of subheading 2905 44

Table 2

For the following products a preferential treatment is provided in the form of tariff quotas and calendars as listed below:

| CN Code (4 13) | Description (5 14) | a | b | c |
| --- | --- | --- | --- | --- |
| Reduction of the MFN customs duty (%) | Tariff quota (Tonnes net weight), unless otherwise indicated) | Reduction of the MFN customs duty beyond current tariff quota (%) |
| 0105 12 00 | Live turkeys weighing not more than 185 g | 100 | 129 920 pieces | — |
| 0207 27 10 | Boneless turkeys cuts, frozen | 100 | 4 000 | — |
| 0207 27 30
  0207 27 40
  0207 27 50
  0207 27 60
  0207 27 70 | Turkeys cuts with bone in, frozen |
| ex 0207 33 | Meat of ducks and geese, not cut in pieces, frozen | 100 | 560 | — |
| ex 0207 35 | Other meat and edible offal of ducks and geese, fresh or chilled | | | |
| ex 0207 36 | Other meat and edible offal of ducks and geese, frozen | | | |
| 0404 10 | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | 100 | 1 300 | — |
| 0603 11 00
  0603 12 00
  0603 13 00
  0603 14 00
  0603 19 10
  0603 19 90 | Cut flowers and flower buds, fresh | 100 | 22 196 | — |
| 0603 19 90 | Other fresh cut flowers and buds from 1 November to 15 April | 100 | 7 840 | — |
| 0701 90 50 | New potatoes, from 1 January to 30 June, fresh or chilled | 100 | 33 936 | — |
| ex 0702 00 00 | Cherry tomatoes, fresh or chilled (6 15) | 100 | 28 000 | — |
| ex 0702 00 00 | Tomatoes, fresh or chilled, other than cherry tomatoes | 100 | 5 000 | — |
| 0707 00 05 | Cucumbers, fresh or chilled | 100 | 1 000 | — |
| 0709 60 10 | Sweet peppers, fresh or chilled | 100 | 17 248 | 40 |
| 0709 90 70 | Courgettes, fresh or chilled, from 1 December to end February | 100 | — | — |
| 0710 40 00
  2004 90 10 | Sweet corn, frozen | 100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4) | 10 600 | (*2 16) |
| 0711 90 30
  2001 90 30
  2005 80 00 | Sweet corn, not frozen | 100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4) | 5 400 | (*2 16) |
| 0712 90 30 | Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared | 100 | 1 200 | — |
| ex 0805 10 | Oranges, fresh | 100 | 224 000  (7 *3) | 60 |
| ex 0805 20 10
  ex 0805 20 50 | Clementines, mandarins and wilkings, fresh | 100 | 40 000 | 60 |
| ex 0805 20 10
  ex 0805 20 50 | Clementines, mandarins and wilkings, fresh from 15 March to 30 September | 100 | 15 680 | 60 |
| 0806 10 10 | Table grapes, fresh from 1 April to 31 July | 100 | — | — |
| 0807 19 00 | Other fresh melons (excl. watermelons), from 1 August to 31 May | 100 | 30 000 | 50 |
| 0810 10 00 | Strawberries fresh, from 1 November to 30 April | 100 | 5 000 | 60 |
| 1602 31 19 | Prepared or preserved meat, meat offal or blood of turkeys, containing 57 % or more by weight of poultry meat or offal, other than exclusively uncooked turkey meat | 100 | 5 000 | — |
| 1602 31 30 | Prepared or preserved meat, meat offal or blood of turkeys, containing 25 % or more but less than 57 % by weight of poultry meat or offal | | | |
| 1602 32 19 | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 57 % or more by weight of poultry meat or offal, other than uncooked | 100 | 2 000 | — |
| 1602 32 30 | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 25 % or more but less than 57 % by weight of poultry meat or offal | | | |
| 1704 10 90 | Chewing gum whether or not sugar-coated, not containing cocoa, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 100 | 100 | (*2 16) |
| ex 1704 90 99 | Marshmallows, being other sugar confectionery, not containing cocoa, containing 45 % or less by weight of sugar (including invert sugar expressed as sucrose) | 100 | — | — |
| 1806 10 20
  1806 10 30
  1806 10 90 | Cocoa powder containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 100 % of the ad valorem part of the duty + 15 % of the agricultural component (*1 *4) | 2 500 | (*2 16) |
| 1806 20 | Other food preparations containing cocoa in block, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packagings, of a content exceeding 2 kg | | | |
| 1905 20 30
  1905 20 90 | Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose) | 100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4) | 3 200 | (*2 16) |
| 2002 90 91
  2002 90 99 | Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight | 100 | 784 | — |
| ex 2008 70 71 | Slices of peaches, fried in oil | 100 | 112 | — |
| 2009 11
  2009 12 00
  2009 19 | Orange juice | 100 | 35 000 of which, in packs of 2 l or less not more than 21 280 | 70 |
| ex 2009 90 | Mixtures of citrus juices | 100 | 19 656 | — |
| 2204 | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009 | 100 | 6 212 hl | — |
| 3505 20 | Glues based on starches, or on dextrins or other modified starches | 100 | 250 | (*2 16) |

CN Code (4 13)

Description (5 14)

a

b

c

Reduction of the MFN customs duty (%)

Tariff quota (Tonnes net weight), unless otherwise indicated)

Reduction of the MFN customs duty beyond current tariff quota (%)

0105 12 00

Live turkeys weighing not more than 185 g

100

129 920 pieces

—

0207 27 10

Boneless turkeys cuts, frozen

100

4 000

—

0207 27 30

0207 27 40

0207 27 50

0207 27 60

0207 27 70

Turkeys cuts with bone in, frozen

ex 0207 33

Meat of ducks and geese, not cut in pieces, frozen

100

560

—

ex 0207 35

Other meat and edible offal of ducks and geese, fresh or chilled

ex 0207 36

Other meat and edible offal of ducks and geese, frozen

0404 10

Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

100

1 300

—

0603 11 00

0603 12 00

0603 13 00

0603 14 00

0603 19 10

0603 19 90

Cut flowers and flower buds, fresh

100

22 196

—

0603 19 90

Other fresh cut flowers and buds from 1 November to 15 April

100

7 840

—

0701 90 50

New potatoes, from 1 January to 30 June, fresh or chilled

100

33 936

—

ex 0702 00 00

Cherry tomatoes, fresh or chilled (6 15)

100

28 000

—

ex 0702 00 00

Tomatoes, fresh or chilled, other than cherry tomatoes

100

5 000

—

0707 00 05

Cucumbers, fresh or chilled

100

1 000

—

0709 60 10

Sweet peppers, fresh or chilled

100

17 248

40

0709 90 70

Courgettes, fresh or chilled, from 1 December to end February

100

—

—

0710 40 00

2004 90 10

Sweet corn, frozen

100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4)

10 600

(*2 16)

0711 90 30

2001 90 30

2005 80 00

Sweet corn, not frozen

100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4)

5 400

(*2 16)

0712 90 30

Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared

100

1 200

—

ex 0805 10

Oranges, fresh

100

224 000  (7 *3)

60

ex 0805 20 10

ex 0805 20 50

Clementines, mandarins and wilkings, fresh

100

40 000

60

ex 0805 20 10

ex 0805 20 50

Clementines, mandarins and wilkings, fresh from 15 March to 30 September

100

15 680

60

0806 10 10

Table grapes, fresh from 1 April to 31 July

100

—

—

0807 19 00

Other fresh melons (excl. watermelons), from 1 August to 31 May

100

30 000

50

0810 10 00

Strawberries fresh, from 1 November to 30 April

100

5 000

60

1602 31 19

Prepared or preserved meat, meat offal or blood of turkeys, containing 57 % or more by weight of poultry meat or offal, other than exclusively uncooked turkey meat

100

5 000

—

1602 31 30

Prepared or preserved meat, meat offal or blood of turkeys, containing 25 % or more but less than 57 % by weight of poultry meat or offal

1602 32 19

Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 57 % or more by weight of poultry meat or offal, other than uncooked

100

2 000

—

1602 32 30

Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 25 % or more but less than 57 % by weight of poultry meat or offal

1704 10 90

Chewing gum whether or not sugar-coated, not containing cocoa, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose)

100

100

(*2 16)

ex 1704 90 99

Marshmallows, being other sugar confectionery, not containing cocoa, containing 45 % or less by weight of sugar (including invert sugar expressed as sucrose)

100

—

—

1806 10 20

1806 10 30

1806 10 90

Cocoa powder containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

100 % of the ad valorem part of the duty + 15 % of the agricultural component (*1 *4)

2 500

(*2 16)

1806 20

Other food preparations containing cocoa in block, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packagings, of a content exceeding 2 kg

1905 20 30

1905 20 90

Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose)

100 % of the ad valorem part of the duty + 30 % of the agricultural component (*1 *4)

3 200

(*2 16)

2002 90 91

2002 90 99

Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight

100

784

—

ex 2008 70 71

Slices of peaches, fried in oil

100

112

—

2009 11

2009 12 00

2009 19

Orange juice

100

35 000 of which, in packs of 2 l or less not more than 21 280

70

ex 2009 90

Mixtures of citrus juices

100

19 656

—

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

100

6 212 hl

—

3505 20

Glues based on starches, or on dextrins or other modified starches

100

250

(*2 16)

Table 3

For the following products customs duties shall be bound as listed below:

| CN Code (8 17) | Description (9) | a | b (10) |
| --- | --- | --- | --- |
| Ad valorem component of the duty (%) | Specific component of the duty |
| 0710 40 00 | Sweet corn, uncooked or cooked by steaming or boiling in water, frozen | 0 | EUR 9,4/100 kg net eda |
| 0711 90 30 | Sweet corn, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption | 0 | EUR 9,4/100 kg net eda |
| 1704 10 90 | Chewing gum whether or not sugar-coated, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose). | 0 | EUR 30,90/100 kg net MAX 18,20 % |
| ex 1704 90 | Other sugar confectionery, not containing cocoa; with the exception of:






  — | liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within the CN code 1704 90 10 ; |

CN Code (8 17)

Description (9)

a

b (10)

Ad valorem component of the duty (%)

Specific component of the duty

0710 40 00

Sweet corn, uncooked or cooked by steaming or boiling in water, frozen

0

EUR 9,4/100 kg net eda

0711 90 30

Sweet corn, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0

EUR 9,4/100 kg net eda

1704 10 90

Chewing gum whether or not sugar-coated, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose).

0

EUR 30,90/100 kg net MAX 18,20 %

ex 1704 90

Other sugar confectionery, not containing cocoa; with the exception of:

—

liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within the CN code 1704 90 10 ;

| — | white chocolate falling within the CN code 1704 90 30 ; |
| --- | --- |

—

white chocolate falling within the CN code 1704 90 30 ;

| — | pastes including marzipan, in immediate packagings of a net content of 1 kg or more falling within the CN code 1704 90 51 . |
| --- | --- |

—

pastes including marzipan, in immediate packagings of a net content of 1 kg or more falling within the CN code 1704 90 51 .

0

EA MAX 18,7 % + AD S/Z

1806 10 20

Cocoa powder containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose.

0

EUR 25,2/100 kg net

1806 10 30

Cocoa powder containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose.

0

EUR 31,4/100 kg net

1806 10 90

Cocoa powder containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

0

EUR 41,9/100 kg net

ex 1806 20

Other food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packagings, of a content exceeding 2 kg; with the exception of chocolate milk crumb falling within the CN code 1806 20 70

0

EA MAX 18,7 % + AD S/Z

1806 20 70

Chocolate milk crumb

0

EA

ex 1901 90 99

Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

0

EA

1905 20 30

Gingerbread and the like, containing by weight 30 % or more but less than 50 % of sucrose (including invert sugar expressed as sucrose)

0

EUR 24,6/100 kg net

1905 20 90

Gingerbread and the like, containing by weight 50 % or more of sucrose (including invert sugar expressed as sucrose)

0

EUR 31,4/100 kg net

2001 90 30

Sweet corn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid

0

EUR 9,4/100 kg, net eda

2004 90 10

Sweet corn, (Zea mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid, frozen

0

EUR 9,4/100 kg, net eda

2005 80 00

Sweet corn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

0

EUR 9,4/100 kg, net eda

2101 12 98

Preparations with a basis of coffee

0

EA

2101 20 98

Preparations with a basis of tea or maté

0

EA

ex 2106 90 98

Other food preparations not elsewhere specified or included (excluding protein concentrates and textured protein substances), containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose

0

EA

2905 43 00

Mannitol

0

EUR 125,8/100 kg net

2905 44 11

D-glucitol (sorbitol) in aqueous solution, containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 16,1/100 kg net

2905 44 19

D-glucitol (sorbitol) in aqueous solution, containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 37,8/100 kg net

2905 44 91

D-glucitol (sorbitol) other than in aqueous solution, containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 23/100 kg net

2905 44 99

D-glucitol (sorbitol) other than in aqueous solution, containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 53,7/100 kg net

3302 10 29

Preparations containing all flavouring agents characterising a beverage, containing by weight, 1,5 % or more of milk fat, 5 % or more of sucrose or isoglucose, 5 % or more of glucose or starch

0

EA

3501 10 50

Casein, for industrial uses other than the manufacture of foodstuffs or fodder and other than for the manufacture of regenerated textile fibres

3 %

—

3501 10 90

Other casein

9 %

—

3501 90 90

Caseinates and other casein derivates (other than casein glues).

6,4  %

—

3505 10 10

Dextrins

0

EUR 17,7/100 kg net

3505 10 90

Other modified starches, other than esterified or etherified.

0

EUR 17,7/100 kg net

3505 20 10

Glues based on starches, or on dextrins or other modified starches, containing, by weight, less than 25 % of starches or dextrins or other modified starches

0

EUR 4,5/100 kg net MAX 11,5 %

3505 20 30

Glues based on starches, or on dextrins or other modified starches, containing, by weight, 25 % or more but less than 55 % of starches or dextrins or other modified starches

0

EUR 8,9/100 kg net MAX 11,5 %

3505 20 50

Glues based on starches, or on dextrins or other modified starches, containing, by weight, 55 % or more but less than 80 % of starches or dextrins or other modified starches

0

EUR 14,2/100 kg net MAX 11,5 %

3505 20 90

Glues based on starches, or on dextrins or other modified starches, containing by weight 80 % or more of starches or dextrins or other modified starches

0

EUR 17,7/100 kg net MAX 11,5 %

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceouos substances:

3809 10 10

| – | Containing by weight of such substances less than 55 % |
| --- | --- |

–

Containing by weight of such substances less than 55 %

0

EUR 8,9/100 kg net MAX 12,8 %

3809 10 30

| – | Containing by weight of such substances 55 % or more but less than 70 % |
| --- | --- |

–

Containing by weight of such substances 55 % or more but less than 70 %

0

EUR 12,4/100 kg net MAX 12,8 %

3809 10 50

| – | Containing by weight of such substances 70 % or more but less than 83 % |
| --- | --- |

–

Containing by weight of such substances 70 % or more but less than 83 %

0

EUR 15,1/100 kg net MAX 12,8 %

3809 10 90

| – | Containing by weight of such substances 83 % or more |
| --- | --- |

–

Containing by weight of such substances 83 % or more

0

EUR 17,7/100 kg net MAX 12,8 %

Sorbitol other than that of subheading 2905 44 :

3824 60 11

| – | in aqueous solution: |
| --- | --- |

–

in aqueous solution:

| – – | Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content |
| --- | --- |

– –

Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 16,1/100 kg net

3824 60 19

| – | in aqueous solution: |
| --- | --- |

–

in aqueous solution:

| – – | Containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content |
| --- | --- |

– –

Containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 37,8/100 kg net

3824 60 91

| – | Other than in aqueous solution: |
| --- | --- |

–

Other than in aqueous solution:

| – – | Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content |
| --- | --- |

– –

Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 23/100 kg net

3824 60 99

| – | Other than in aqueous solution: |
| --- | --- |

–

Other than in aqueous solution:

| – – | Containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content |
| --- | --- |

– –

Containing more than 2 % by weight of D-mannitol, calculated on the D-glucitol content

0

EUR 53,7/100 kg net

ANNEX II

PROTOCOL 2

concerning the arrangements applicable to imports into the State of Israel of agricultural products, processed agricultural products and fish and fishery products originating in the European Community

| 1. | The products listed in the Annex originating in the Community shall be admitted for import into Israel subject to the conditions contained hereinafter and in the Annex. |
| --- | --- |

1.

| 2. | From the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, (hereinafter the ‘Agreement in the form of an Exchange of Letters’) customs duties and charges having equivalent effect (including their agriculture component), which are applicable on the import into the State of Israel of agricultural products, processed agricultural products, fish and fishery products originating in the European Community shall be eliminated, except for those products listed in Table 1 of the Annex. |
| --- | --- |

2.

| 3. | For those products originating in the European Community listed in Table 2 of the Annex, customs duties shall be eliminated or reduced within the limits of the tariff quotas listed in column ‘b’.
  Customs duties in respect of the quantities in excess of the quotas shall be reduced by the percentage listed in column ‘c’.
  For the first year after the date of entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement. |
| --- | --- |

3.

Customs duties in respect of the quantities in excess of the quotas shall be reduced by the percentage listed in column ‘c’.

For the first year after the date of entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement.

| 4. | For those products originating in the European Community listed in Table 3, applied ad valorem customs duties shall be bound within the limit listed in column ‘a’ and applied specific duties shall be bound within the limits listed in column ‘b’. |
| --- | --- |

4.

ANNEX TO PROTOCOL 2

Table 1

Products not included in the table below are duty free. A preferential treatment for some of the products listed below is indicated in Tables 2 and 3.

| HS or Israeli Code (1 2 11) | Description (3 12) |
| --- | --- |
| ex ex 0102 90 | Live calves for slaughter |
| 0104 10 | Live sheep: |
| 0104 10 20 | – | Within the framework of the Fifth Addition |

HS or Israeli Code (1 2 11)

Description (3 12)

ex ex 0102 90

Live calves for slaughter

0104 10

Live sheep:

0104 10 20

–

Within the framework of the Fifth Addition

0104 10 90

| – | Other |
| --- | --- |

–

Other

0104 20

Live goats:

0104 20 90

| – | Other |
| --- | --- |

–

Other

0105 12

Live turkeys, weighing not more than 185 g:

0105 12 10

| – | Whose value does not exceed NIS 12 each |
| --- | --- |

–

Whose value does not exceed NIS 12 each

0105 12 80

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

0105 19

Live ducks, geese and guinea fowls, weighing not more than 185 g:

0105 19 10

| – | Whose value does not exceed NIS 12 each |
| --- | --- |

–

Whose value does not exceed NIS 12 each

0105 19 80

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

Other:

0105 94

| – | Fowls of the species Gallus domesticus |
| --- | --- |

–

Fowls of the species Gallus domesticus

0105 99

| – | Other |
| --- | --- |

–

Other

0106 32 90

Live psittaciformes (including parrots, parakeets, macaws and cockatoos)

0106 39

Live birds, other than birds of prey and psittaciformes:

0106 39 19

| – | Ornamental birds, song birds and pet birds |
| --- | --- |

–

Ornamental birds, song birds and pet birds

0201

Meat of bovine animals, fresh or chilled

0204

Meat of sheep or goats, fresh, chilled or frozen

0206 10

Edible offal of bovine animals, fresh or chilled

0206 80 00

Edible offal of sheep, goats, horses, asses, mules or hinnies, fresh or chilled

0207

Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen

0210 20 00

Meat of bovine animals, salted, in brine, dried or smoked

0210 91

Of primates, salted, in brine, dried or smoked:

0210 91 10

| – | Meat and meat offal |
| --- | --- |

–

Meat and meat offal

0301

excluding:

| | 0301 10 10 |
| --- | --- |

0301 10 10

| | 0301 91 10 |
| --- | --- |

0301 91 10

| | 0301 92 10 |
| --- | --- |

0301 92 10

| | 0301 92 90 |
| --- | --- |

0301 92 90

| | 0301 93 10 |
| --- | --- |

0301 93 10

| | 0301 94 10 |
| --- | --- |

0301 94 10

| | 0301 94 90 |
| --- | --- |

0301 94 90

| | 0301 95 10 |
| --- | --- |

0301 95 10

| | 0301 95 90 |
| --- | --- |

0301 95 90

| | 0301 99 10 |
| --- | --- |

0301 99 10

Live fish

0302

excluding:

| | 0302 40 20 |
| --- | --- |

0302 40 20

| | 0302 50 20 |
| --- | --- |

0302 50 20

| | 0302 62 20 |
| --- | --- |

0302 62 20

| | 0302 63 20 |
| --- | --- |

0302 63 20

| | 0302 64 10 |
| --- | --- |

0302 64 10

| | 0302 65 20 |
| --- | --- |

0302 65 20

| | 0302 66 10 |
| --- | --- |

0302 66 10

| | 0302 68 10 |
| --- | --- |

0302 68 10

| | 0302 70 10 |
| --- | --- |

0302 70 10

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

0303

excluding:

| | 0303 11 10 |
| --- | --- |

0303 11 10

| | 0303 19 10 |
| --- | --- |

0303 19 10

| | 0303 22 10 |
| --- | --- |

0303 22 10

| | 0303 29 10 |
| --- | --- |

0303 29 10

| | 0303 43 30 |
| --- | --- |

0303 43 30

| | 0303 51 10 |
| --- | --- |

0303 51 10

| | 0303 52 10 |
| --- | --- |

0303 52 10

| | 0303 71 30 |
| --- | --- |

0303 71 30

| | 0303 72 10 |
| --- | --- |

0303 72 10

| | 0303 73 10 |
| --- | --- |

0303 73 10

| | 0303 74 10 |
| --- | --- |

0303 74 10

| | 0303 75 10 |
| --- | --- |

0303 75 10

| | 0303 76 10 |
| --- | --- |

0303 76 10

| | 0303 78 10 |
| --- | --- |

0303 78 10

| | 0303 79 30 |
| --- | --- |

0303 79 30

| | 0303 79 51 |
| --- | --- |

0303 79 51

| | 0303 80 10 |
| --- | --- |

0303 80 10

Fish, frozen, excluding fish fillets and other fish meat of heading 0304

0304

excluding:

| | 0304 11 10 |
| --- | --- |

0304 11 10

| | 0304 12 10 |
| --- | --- |

0304 12 10

| | 0304 19 22 |
| --- | --- |

0304 19 22

| | 0304 19 92 |
| --- | --- |

0304 19 92

| | 0304 22 00 |
| --- | --- |

0304 22 00

| | 0304 29 22 |
| --- | --- |

0304 29 22

| | 0304 29 42 |
| --- | --- |

0304 29 42

| | 0304 29 92 |
| --- | --- |

0304 29 92

| | 0304 91 10 |
| --- | --- |

0304 91 10

| | 0304 92 10 |
| --- | --- |

0304 92 10

| | 0304 99 20 |
| --- | --- |

0304 99 20

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen

0305 41 00

Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked including fillets

0305 49 00

Other smoked fish, including fillets, other than Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar), Danube salmon (Hucho hucho) and Herrings (Clupea harengus, Clupea pallasii)

0306

excluding:

| | 0306 11 10 |
| --- | --- |

0306 11 10

| | 0306 12 10 |
| --- | --- |

0306 12 10

| | 0306 14 20 |
| --- | --- |

0306 14 20

| | 0306 19 20 |
| --- | --- |

0306 19 20

| | 0306 21 10 |
| --- | --- |

0306 21 10

| | 0306 22 10 |
| --- | --- |

0306 22 10

| | 0306 24 20 |
| --- | --- |

0306 24 20

| | 0306 29 10 |
| --- | --- |

0306 29 10

| | 0306 29 92 |
| --- | --- |

0306 29 92

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boil water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

0307

excluding:

| | 0307 10 20 |
| --- | --- |

0307 10 20

| | 0307 21 20 |
| --- | --- |

0307 21 20

| | 0307 29 20 |
| --- | --- |

0307 29 20

| | 0307 31 20 |
| --- | --- |

0307 31 20

| | 0307 39 20 |
| --- | --- |

0307 39 20

| | 0307 60 10 |
| --- | --- |

0307 60 10

| | 0307 60 92 |
| --- | --- |

0307 60 92

| | 0307 91 20 |
| --- | --- |

0307 91 20

| | 0307 99 20 |
| --- | --- |

0307 99 20

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter

0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

0405

Butter and other fats and oils derived from milk; dairy spreads:

0405 10

| – | Butter: |
| --- | --- |

–

Butter:

| – – | In packings of net content exceeding 1 kg: |
| --- | --- |

– –

In packings of net content exceeding 1 kg:

0405 10 31

| – – – | Within the framework of the Fifth Addition |
| --- | --- |

– – –

Within the framework of the Fifth Addition

0405 10 39

| – – – | Others |
| --- | --- |

– – –

Others

| – – | In packings of a net content not exceeding 1 kg: |
| --- | --- |

– –

In packings of a net content not exceeding 1 kg:

0405 10 91

| – – – | Within the framework of the Fifth Addition |
| --- | --- |

– – –

Within the framework of the Fifth Addition

0405 10 99

| – – – | Other |
| --- | --- |

– – –

Other

0405 20

| – | Dairy spreads: |
| --- | --- |

–

Dairy spreads:

0405 20 10

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

0405 20 90

| – – | Other |
| --- | --- |

– –

Other

| – | Other fats and oils derived from milk: |
| --- | --- |

–

Other fats and oils derived from milk:

0405 90 19

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

0405 90 90

| – – | Others |
| --- | --- |

– –

Others

0406

Cheese and curd

0407

excluding

0407 00 10

Birds’ eggs, in shell, fresh, preserved or cooked

0408

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

0409

Natural honey

0701

Potatoes, fresh or chilled:

0701 90

| – | Other than seed |
| --- | --- |

–

Other than seed

0702

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705 11

0705 19

Lettuce, fresh or chilled

0706

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0707

Cucumbers and gherkins, fresh or chilled

0708

excluding

0708 90 20

Leguminous vegetables, shelled or unshelled, fresh or chilled

0709 20

Asparagus, fresh or chilled

0709 30

Aubergines (egg plants), fresh or chilled

0709 40

Celery other than celeriac, fresh or chilled

0709 51

0709 59

Mushrooms, fresh or chilled:

0709 51 90

| – | Mushrooms of the genus Agaricus |
| --- | --- |

–

Mushrooms of the genus Agaricus

0709 59 90

| – | Other |
| --- | --- |

–

Other

0709 60

Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled

0709 70

Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled

0709 90

Other fresh vegetables, fresh or chilled

0710 10

Potatoes (uncooked or cooked by steaming or boiling in water), frozen

0710 21

Shelled or unshelled peas (Pisum sativum) (uncooked or cooked by steaming or boiling in water), frozen

0710 22

Shelled or unshelled beans (Vigna spp., Phaseolus spp.) (uncooked or cooked by steaming or boiling in water), frozen

0710 29

excluding

0710 29 20

Other leguminous vegetables, shelled or unshelled (uncooked or cooked by steaming or boiling in water), frozen

0710 30

Spinach, New Zeeland spinach and orache spinach (garden spinach) (uncooked or cooked by steaming or by boiling in water), frozen

0710 40

Sweetcorn (uncooked or cooked by steaming or by boiling in water), frozen

0710 80 10

Frozen carrots, cauliflower, broccoli, (leek), cabbage, peppers, celery (eu 5)

0710 80 40

Frozen carrots

Others frozen vegetables:

0710 80 80

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

0710 80 90

| – | Others |
| --- | --- |

–

Others

0710 90

Mixtures of vegetables (uncooked or cooked by steaming or boiling in water), frozen

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 20

| – | Olives |
| --- | --- |

–

Olives

0711 40

| – | Cucumbers and gherkins |
| --- | --- |

–

Cucumbers and gherkins

0711 90

| – | Other vegetables and mixtures of vegetables |
| --- | --- |

–

Other vegetables and mixtures of vegetables

0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared:

0712 20

| – | Onions |
| --- | --- |

–

Onions

0712 90

excluding

0712 90 40

0712 90 70

| – | Other dried vegetables, mixtures of vegetables |
| --- | --- |

–

Other dried vegetables, mixtures of vegetables

0713 20

Dried chickpeas (garbanzos)

0714 20

Sweet potatoes, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets

0802 11 90

Almonds in shell, fresh or dried

0802 12 90

Shelled almonds, fresh or dried

0802 31

0802 32

Walnuts, fresh or dried, whether or not shelled or peeled

0802 60

Macadamia nuts, fresh or dried, whether or not shelled or peeled

0802 90 20

Pecans, fresh or dried, whether or not shelled or peeled

Other nuts:

0802 90 92

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

0802 90 99

| – | Other nuts |
| --- | --- |

–

Other nuts

0803 00 10

Bananas, including plantains, fresh

0804 10

Dates fresh

0804 20

Fresh and dried figs

0804 30 10

Fresh pineapples

0804 40 10

Fresh avocados

0804 50

excluding

0804 50 90

Fresh guavas, mangos and mangosteens

0805 10 10

Fresh oranges

0805 20 10

Fresh mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids

0805 40 10

Fresh grapefruit, including pomelos

0805 50 10

Fresh lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus latifolia)

0805 90 11

Fresh ethrogs (Citrus medica), kumquats, and limes

0805 90 19

Others fresh citrus fruit

0806

Grapes, fresh or dried

0807

Melons (including watermelons) and papaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810 10

Fresh strawberries

0810 20

Fresh raspberries, blackberries, mulberries and loganberries

0810 50

Fresh kiwifruit

0810 60

Fresh durians

0810 90

Other fresh fruits

0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter:

0811 10

| – | Strawberries |
| --- | --- |

–

Strawberries

| – | Raspberries, blackberries, mulberries, loganberries, black-, white- or redcurrants and gooseberries: |
| --- | --- |

–

Raspberries, blackberries, mulberries, loganberries, black-, white- or redcurrants and gooseberries:

0811 20 20

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

0811 20 90

| – – | Others |
| --- | --- |

– –

Others

0811 90

| – | Others, fruit and nuts |
| --- | --- |

–

Others, fruit and nuts

0812

Fruit and nuts, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0813 20

Dried prunes:

0813 20 20

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

0813 20 99

| – | Other |
| --- | --- |

–

Other

0813 40 00

Other dried fruit

0813 50

Mixtures of nuts or dried fruits of chapter 08

0904

Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta

0910 10 91

Ginger which will be released from the months October to January

0910 99 90

Other spices

1001

Wheat and meslin

1005 90 10

Maize (corn) of the popcorn kind

1105 20 00

Flakes, granules and pellets of potatoes

1108 11

1108 12

1108 13

1108 14

1108 19

Starches

1202 10 00

Groundnuts, not roasted or otherwise cooked, whether or not shelled or broken, in shell

1202 20 90

Shelled ground nuts, not roasted or otherwise cooked, whether or not shelled or broken

1206 00 90

Other sunflower seeds, whether or not broken

1207 20 00

Cotton seeds

1207 99 20

Castor oil seeds

1209 91 29

Pumpkin seeds

1209 99 20

Watermelon seeds

1404 90 19

Other pollen-not intended for animal feeding

1501

Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503

1507

Soya bean oil and its fractions, whether or not refined, but not chemically modified

1508 10 00

Crude groundnut oil and its fractions, whether or not refined, but not chemically modified

1508 90 90

Others, groundnut oil and its fractions, whether or not refined, but not chemically modified – non-crude and non-edible

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

1510

Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509

1511 10 20

Crude palm oil and its fractions, whether or not refined, but not chemically modified

1511 90 90

Palm oil and its fractions, whether or not refined, but not chemically modified, non-crude and not edible

1512 11

1512 19

Sunflower seed or safflower oil and fractions thereof

1512 21 90

Crude cotton-seed oil and its fractions, wheter or not gossypol has been removed

1512 29 90

Cotton-seed oil and its fractions, wheter or not gossypol has been removed, non-crude and not edible

1513

Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified

1514

excluding

1514 91 19

1514 99 19

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

| – | Linseed oil and its fractions: |
| --- | --- |

–

Linseed oil and its fractions:

1515 11 90

| – – | Crude oil, non-edible |
| --- | --- |

– –

Crude oil, non-edible

1515 19 90

| – – | Other, non-edible |
| --- | --- |

– –

Other, non-edible

| – | Maize (corn) oil and its fractions: |
| --- | --- |

–

Maize (corn) oil and its fractions:

1515 21 20

| – – | Crude oil, non-edible |
| --- | --- |

– –

Crude oil, non-edible

1515 29 90

| – – | Other, non-edible |
| --- | --- |

– –

Other, non-edible

1515 30 00

| – | Castor oil and its fractions |
| --- | --- |

–

Castor oil and its fractions

1515 50 90

| – | Others non-edible, sesame oil and its fractions |
| --- | --- |

–

Others non-edible, sesame oil and its fractions

1515 90

| – | Other: |
| --- | --- |

–

Other:

1515 90 22

| – – | Other oils, of nuts or fruits pips or stones of detailed headings 0802 or 1212 |
| --- | --- |

– –

Other oils, of nuts or fruits pips or stones of detailed headings 0802 or 1212

1515 90 30

| – – | Others |
| --- | --- |

– –

Others

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or refined, but not further prepared:

1516 10

| – | Animal fats and oils and their fractions: |
| --- | --- |

–

Animal fats and oils and their fractions:

1516 10 11

| – – | Solid edible fats |
| --- | --- |

– –

Solid edible fats

1516 10 19

| – – | Others, solid fats |
| --- | --- |

– –

Others, solid fats

1516 20

| – | Vegetable fats and oils and their fractions: |
| --- | --- |

–

Vegetable fats and oils and their fractions:

1516 20 19

| – – | Others, solid fats |
| --- | --- |

– –

Others, solid fats

1516 20 91

| – – | Castor oil |
| --- | --- |

– –

Castor oil

1516 20 92

| – – | Linseed oil |
| --- | --- |

– –

Linseed oil

1516 20 99

| – – | Other |
| --- | --- |

– –

Other

1517 90 21

Edible mixtures or preparations of animal or vegetable fats or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 , containing olive oil

1517 90 22

Edible mixtures or preparations of animal or vegetable fats or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 , containing soybean oil, sunflower oil, sunflower oil, cottonseed oil, maize (corn) oil or rape oil

1518 00 21

Castor oil

1601

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

1602

Other prepared or preserved meat, meat offal or blood:

1602 20 91

| – | Of liver of any animal containing chicken liver |
| --- | --- |

–

Of liver of any animal containing chicken liver

1602 20 99

| – | Of liver of any animal, others |
| --- | --- |

–

Of liver of any animal, others

1602 31 90

| – | Of turkeys |
| --- | --- |

–

Of turkeys

1602 32 90

| – | Of fowls of the species Gallus domesticus |
| --- | --- |

–

Of fowls of the species Gallus domesticus

1602 39 90

| – | Of other of poultry of heading 0105 |
| --- | --- |

–

Of other of poultry of heading 0105

| – | Of swine: |
| --- | --- |

–

Of swine:

1602 41 00

| – – | Hams and cuts thereof |
| --- | --- |

– –

Hams and cuts thereof

1602 42 00

| – – | Shoulders and cuts thereof |
| --- | --- |

– –

Shoulders and cuts thereof

1602 49 90

| – – | Other, including mixtures |
| --- | --- |

– –

Other, including mixtures

ex ex 1602 50

| – | Of bovine animals: |
| --- | --- |

–

Of bovine animals:

1602 50 80

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

1602 50 91

| – – | Containing more than 20 % chicken meat by weight |
| --- | --- |

– –

Containing more than 20 % chicken meat by weight

1602 50 99

| – – | Other |
| --- | --- |

– –

Other

1602 90 90

| – | Others, including preparations of blood of any animal |
| --- | --- |

–

Others, including preparations of blood of any animal

1603

Extracts and juices of meat, fish or crustaceans, mollusc or other aquatic invertebrates

1604

excluding

1604 11 20

1604 12 10

1604 19 20

1604 15 20

1604 20 10

1604 20 20

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

1702 30 10

Glucose in liquid state

1704 10 90

Other chewing gum, whether or not sugar-coated containing less than 10 % gum base by weight

1905 31 10

Sweet biscuits – Containing eggs at a rate of 10 % or more of the weight, but not less than 1,5 % of milk fats and not less than 2,5 % of milk proteins

1905 32 20

Waffles and wafers – others, without filling

1905 32 30

Waffles and wafers – with filling containing not less than 1,5 % of milk fats, and not less than 2,5 % milk proteins

1905 32 90

Waffles and wafers – others, with filling

1905 90

Bread, pastry, cakes, biscuits and other bakers wares weather or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products, Others:

1905 90 30

| – | Pre cooked dough for the preparation of the products of heading 1905 |
| --- | --- |

–

Pre cooked dough for the preparation of the products of heading 1905

1905 90 91

| – | Others, containing eggs at a rate of 10 % or more of the weight, but not less than 1,5 % of milk fats and not less than 2,5 % of milk proteins |
| --- | --- |

–

Others, containing eggs at a rate of 10 % or more of the weight, but not less than 1,5 % of milk fats and not less than 2,5 % of milk proteins

1905 90 92

| – | Others, containing flour, which is not wheat flour, in a quantity exceeding 15 % of the total flour weight |
| --- | --- |

–

Others, containing flour, which is not wheat flour, in a quantity exceeding 15 % of the total flour weight

2001

Vegetables, fruit, nuts and other edible parts of plants prepared or preserved by vinegar or acetic acid

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 :

2004 10 10

| – | Potatoes – products made from flour or of meal |
| --- | --- |

–

Potatoes – products made from flour or of meal

2004 10 90

| – | Potatoes, others |
| --- | --- |

–

Potatoes, others

| – | Other vegetables products made from flour or of meal: |
| --- | --- |

–

Other vegetables products made from flour or of meal:

2004 90 11

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

2004 90 19

| – – | Others |
| --- | --- |

– –

Others

| – | Others vegetables: |
| --- | --- |

–

Others vegetables:

2004 90 91

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

2004 90 93

| – – | Sweet corn |
| --- | --- |

– –

Sweet corn

2004 90 94

| – – | Legumes |
| --- | --- |

– –

Legumes

2004 90 99

| – – | Others vegetables |
| --- | --- |

– –

Others vegetables

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 :

2005 20 10

| – | Potatoes – products made from flour, meal, powder, flakes, granules and pellets |
| --- | --- |

–

Potatoes – products made from flour, meal, powder, flakes, granules and pellets

2005 20 90

| – | Others, potatoes |
| --- | --- |

–

Others, potatoes

2005 40 10

| – | Peas (Pisum sativum) – products made from flour or of meal |
| --- | --- |

–

Peas (Pisum sativum) – products made from flour or of meal

2005 40 90

| – | Others, peas (Pisum sativum) |
| --- | --- |

–

Others, peas (Pisum sativum)

2005 51 00

| – | Beans, shelled |
| --- | --- |

–

Beans, shelled

2005 59 10

| – | Others beans,products made from flour or meal |
| --- | --- |

–

Others beans,products made from flour or meal

2005 59 90

| – | Others beans |
| --- | --- |

–

Others beans

2005 60 00

| – | Asparagus |
| --- | --- |

–

Asparagus

2005 70

| – | Olives |
| --- | --- |

–

Olives

2005 80

| – | Baby corn, and others, sweet corn |
| --- | --- |

–

Baby corn, and others, sweet corn

| – | Others vegetables: |
| --- | --- |

–

Others vegetables:

2005 99 10

| – – | Products made from flour or of meal |
| --- | --- |

– –

Products made from flour or of meal

2005 99 30

| – – | Carrots, except those of subheading 9020 |
| --- | --- |

– –

Carrots, except those of subheading 9020

2005 99 40

| – – | Chickpeas |
| --- | --- |

– –

Chickpeas

2005 99 50

| – – | Cucumbers |
| --- | --- |

– –

Cucumbers

2005 99 80

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

2005 99 90

| – – | Others |
| --- | --- |

– –

Others

2006 00

Vegetables, fruit, nuts, fruit peel and other parts of plants, preserved by sugar (drained, glace or crystallised)

2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter:

2007 91 00

| – | Citrus fruit |
| --- | --- |

–

Citrus fruit

2007 99

excluding

2007 99 93

| – | Other |
| --- | --- |

–

Other

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

2008 11

| – | Groundnuts: |
| --- | --- |

–

Groundnuts:

2008 11 20

| – – | Roasted |
| --- | --- |

– –

Roasted

2008 11 90

| – – | Others |
| --- | --- |

– –

Others

2008 19 32

| – | Other almond, roasted |
| --- | --- |

–

Other almond, roasted

2008 19 39

| – | Others, nuts, and other roasted seeds |
| --- | --- |

–

Others, nuts, and other roasted seeds

2008 19 40

| – | Others, nuts, and other seeds – of an actual alcoholic strength by mass exceeding 2 % mas |
| --- | --- |

–

Others, nuts, and other seeds – of an actual alcoholic strength by mass exceeding 2 % mas

2008 19 91

| – | Others, almonds |
| --- | --- |

–

Others, almonds

2008 19 99

| – | Others, nuts, and other seeds |
| --- | --- |

–

Others, nuts, and other seeds

2008 20

| – | Pineapples |
| --- | --- |

–

Pineapples

2008 30

| – | Citrus fruit: |
| --- | --- |

–

Citrus fruit:

2008 30 20

| – – | Of an alcoholic strength by mass exceeding 2 % mas |
| --- | --- |

– –

Of an alcoholic strength by mass exceeding 2 % mas

2008 30 90

| – – | Other |
| --- | --- |

– –

Other

2008 40

| – | Pears |
| --- | --- |

–

Pears

2008 50

| – | Apricots |
| --- | --- |

–

Apricots

2008 60

| – | Cherries |
| --- | --- |

–

Cherries

2008 70

| – | Peaches including nectarines: |
| --- | --- |

–

Peaches including nectarines:

2008 70 20

| – – | Of an actual alcoholic strength by mass exceeding 2 % mas |
| --- | --- |

– –

Of an actual alcoholic strength by mass exceeding 2 % mas

2008 70 80

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

2008 80

| – | Strawberries |
| --- | --- |

–

Strawberries

2008 91

| – | Palm hearts |
| --- | --- |

–

Palm hearts

2008 92

| – | Mixtures |
| --- | --- |

–

Mixtures

| – | Plums: |
| --- | --- |

–

Plums:

2008 99 12

| – – | Of an alcoholic strength by mass exceeding 2 % mas |
| --- | --- |

– –

Of an alcoholic strength by mass exceeding 2 % mas

2008 99 19

| – – | Others |
| --- | --- |

– –

Others

| – | Others, fruit, nuts and other edible parts of plants: |
| --- | --- |

–

Others, fruit, nuts and other edible parts of plants:

2008 99 30

| – – | Of an alcoholic strength by mass exceeding 2 % mas |
| --- | --- |

– –

Of an alcoholic strength by mass exceeding 2 % mas

2008 99 90

| – – | Others |
| --- | --- |

– –

Others

2009 11

2009 12

2009 19

excluding

2009 11 11

2009 11 40

2009 19 11

Orange juice

2009 21

2009 29

excluding

2009 29 11

Grapefruit juice

2009 31

2009 39

Juice of any other single citrus fruit

2009 50

Tomato juice

2009 61

2009 69

Grape juice (including grape must),

2009 71

2009 79

Apple juice

2009 80

Juice of any other single fruit or vegetable:

2009 80 10

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

2009 80 29

| – | Other condensed juice |
| --- | --- |

–

Other condensed juice

2009 80 90

| – | Other, juice |
| --- | --- |

–

Other, juice

2009 90

Mixtures of juices

2104 10 10

Soups and broths and preparations thereof

2105 00

Ice cream and other edible ice, whether or not containing cocoa:

2105 00 11

| – | Containing less than 3 % milk fat |
| --- | --- |

–

Containing less than 3 % milk fat

2105 00 12

| – | Containing 3 % or more milk fat but less than 7 % milk fat |
| --- | --- |

–

Containing 3 % or more milk fat but less than 7 % milk fat

2105 00 13

| – | Containing 7 % or more milk fat |
| --- | --- |

–

Containing 7 % or more milk fat

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

2206

Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included

2207 10

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; intended for the use in the production of an alcoholic beverage by a licensed manufacturer of alcoholic beverages, provided it is intended a purpose as stated:

2207 10 51

| – | Grape alcohol |
| --- | --- |

–

Grape alcohol

2207 10 80

| – | Within the framework of the Fifth Addition |
| --- | --- |

–

Within the framework of the Fifth Addition

2207 10 90

Un denatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher, other:

2207 10 91

| – | Grape alcohol |
| --- | --- |

–

Grape alcohol

2208 20 91

Spirits obtained by distilling grape wine or grape marc, containing 17 % or more alcohol by volume and whose price per centilitre does not exceed the Shekel equivalent of 0,05 USD, Within the framework of the Fifth Addition

2208 20 99

Spirits obtained by distilling grape wine or grape marc, containing 17 % or more alcohol by volume and whose price per centilitre does not exceed the Shekel equivalent of 0,05 USD

2304

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

2306

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305

2309 10

excluding

2309 10 90

Dog or cat food, put up for retail sale

2309 90

Preparations of a kind used in animal feeding, other than dog or cat food, put up for retail sale:

2309 90 20

| – | Containing, by weight, not less than 15 % and not more than 35 % protein substances and not less than 4 % fatty substances |
| --- | --- |

–

Containing, by weight, not less than 15 % and not more than 35 % protein substances and not less than 4 % fatty substances

3502 11

3502 19

Egg albumin:

3502 11 10

| – | Dried, within the framework of the Fifth Addition |
| --- | --- |

–

Dried, within the framework of the Fifth Addition

3502 11 90

| – | Dried, other |
| --- | --- |

–

Dried, other

3502 19 10

| – | Other than dried, within the framework of the Fifth Addition |
| --- | --- |

–

Other than dried, within the framework of the Fifth Addition

3502 19 90

| – | Other than dried, other |
| --- | --- |

–

Other than dried, other

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

3505 10 21

| – | Starches – on a wheat or corn base (excluding for waxy corn) |
| --- | --- |

–

Starches – on a wheat or corn base (excluding for waxy corn)

3505 20 00

| – | Glues |
| --- | --- |

–

Glues

Table 2

For the following products a preferential treatment is provided in the form of tariff quotas as listed below:

| HS or Israeli Code (4 13) | Description (5 14) | a | b | c |
| --- | --- | --- | --- | --- |
| Reduction of the MFN customs duty (%) | Tariff quota (t, unless otherwise indicated) | Reduction of the MFN customs duty beyond current tariff quota (%) |
| ex ex 0102 90 | Live calves for slaughter | 100 | 1 200 | — |
| ex ex 0105 12
  0105 19 | Live ducks, geese, turkeys and guinea fowls, weighing not more than 185 g | 100 | 2 060 000 pieces | — |
| 0201 | Meat of bovine animals, fresh or chilled | 100 | 1 120 | — |
| 0204 | Meat of sheep or goats, fresh, chilled or frozen | 100 | 800 | — |
| ex ex 0207 | Meat and edible offal of poultry of heading 0105 , fresh, chilled or frozen, not including ducks (meat or liver) | 100 | 1 200 | — |
| ex ex 0207 34 | Goose fatty liver | 100 | 100 | — |
| ex ex 0207 36 | Goose meat and liver, frozen | 100 | 500 | — |
| 0302 31 20 | Of the kind detailed in subheading 0302 31 00 only albacore or long finned tunas (Thunnus alalunga) | 100 | 250 | — |
| 0303 31 10 | Of the kind detailed in subheading 0303 31 00 only halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis) | 100 | 100 | 25 |
| 0303 33 10 | Of the kind detailed in subheading 0303 33 00 only sole (Solea spp.) |
| 0303 39 10 | Of the kind detailed in subheading 0303 39 00 only (Other than Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis, Pleuronectes platessa, Solea spp) |
| 0303 79 91 | Approved by the director general of the ministry of agriculture as fish of the kinds that do not grow or are not fished in Israel or in the Mediterranean sea | 10 | — | — |
| 0304 19 41 | Of the kind detailed in subheading 0304 19 40 only (Pleuronectidae, Bothidae, Cynoglossidae, Thunnus, Skipjack, Euthynnus pelamis, Herrings, Cod, Sardines, Haddock, Coalfish, Mackerel, Dogfish, Anguilla, Hake, Red Fish, Nile Perch) | 100 | 50 | — |
| 0402 10 21 | Milk and cream in powder, granules or other solid form, of a fat content, by weight, not exceeding 1,5 % | 100 | 2 180 | — |
| 0402 10 10 | Milk and cream in powder, granules or other solid form, of a fat content, by weight, not exceeding 1,5 % | 55 | 2 180 | — |
| 0402 21 | Milk and cream in powder, granules or other solid form, of a fat content, by weight, exceeding 1,5 %, not containing added sugar or other sweetening matter | 100 | 4 420 | — |
| ex ex 0402 91
  ex ex 0402 99 | Condensed milk | 100 | 100 | — |
| 0403 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa | 100 | 200 | — | for yogurts containing cocoa, flavouring materials and/or added sugar |

HS or Israeli Code (4 13)

Description (5 14)

a

b

c

Reduction of the MFN customs duty (%)

Tariff quota (t, unless otherwise indicated)

Reduction of the MFN customs duty beyond current tariff quota (%)

ex ex 0102 90

Live calves for slaughter

100

1 200

—

ex ex 0105 12

0105 19

Live ducks, geese, turkeys and guinea fowls, weighing not more than 185 g

100

2 060 000 pieces

—

0201

Meat of bovine animals, fresh or chilled

100

1 120

—

0204

Meat of sheep or goats, fresh, chilled or frozen

100

800

—

ex ex 0207

Meat and edible offal of poultry of heading 0105 , fresh, chilled or frozen, not including ducks (meat or liver)

100

1 200

—

ex ex 0207 34

Goose fatty liver

100

100

—

ex ex 0207 36

Goose meat and liver, frozen

100

500

—

0302 31 20

Of the kind detailed in subheading 0302 31 00 only albacore or long finned tunas (Thunnus alalunga)

100

250

—

0303 31 10

Of the kind detailed in subheading 0303 31 00 only halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis)

100

100

25

0303 33 10

Of the kind detailed in subheading 0303 33 00 only sole (Solea spp.)

0303 39 10

Of the kind detailed in subheading 0303 39 00 only (Other than Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis, Pleuronectes platessa, Solea spp)

0303 79 91

Approved by the director general of the ministry of agriculture as fish of the kinds that do not grow or are not fished in Israel or in the Mediterranean sea

10

—

—

0304 19 41

Of the kind detailed in subheading 0304 19 40 only (Pleuronectidae, Bothidae, Cynoglossidae, Thunnus, Skipjack, Euthynnus pelamis, Herrings, Cod, Sardines, Haddock, Coalfish, Mackerel, Dogfish, Anguilla, Hake, Red Fish, Nile Perch)

100

50

—

0402 10 21

Milk and cream in powder, granules or other solid form, of a fat content, by weight, not exceeding 1,5 %

100

2 180

—

0402 10 10

Milk and cream in powder, granules or other solid form, of a fat content, by weight, not exceeding 1,5 %

55

2 180

—

0402 21

Milk and cream in powder, granules or other solid form, of a fat content, by weight, exceeding 1,5 %, not containing added sugar or other sweetening matter

100

4 420

—

ex ex 0402 91

ex ex 0402 99

Condensed milk

100

100

—

0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

100

200

—

for yogurts containing cocoa, flavouring materials and/or added sugar

| — | only agricultural component apply (*1 *4) |
| --- | --- |

—

only agricultural component apply (*1 *4)

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

100

1 400

—

0405

Butter and other fats and oils derived from milk; dairy spreads:

100

650

—

0405 10

| – | Butter: |
| --- | --- |

–

Butter:

| – – | In packings of net content exceeding 1 kg: |
| --- | --- |

– –

In packings of net content exceeding 1 kg:

0405 10 31

| – – – | Within the framework of the Fifth Addition |
| --- | --- |

– – –

Within the framework of the Fifth Addition

0405 10 39

| – – – | Others |
| --- | --- |

– – –

Others

| – – | In packings of a net content not exceeding 1 kg: |
| --- | --- |

– –

In packings of a net content not exceeding 1 kg:

0405 10 91

| – – – | Within the framework of the Fifth Addition |
| --- | --- |

– – –

Within the framework of the Fifth Addition

0405 10 99

| – – – | Other |
| --- | --- |

– – –

Other

0405 20

| – | Dairy spreads: |
| --- | --- |

–

Dairy spreads:

0405 20 10

| - - | Within the framework of the Fifth Addition |
| --- | --- |

- -

Within the framework of the Fifth Addition

0405 20 90

| – – | Other |
| --- | --- |

– –

Other

| – | Other fats and oils derived from milk: |
| --- | --- |

–

Other fats and oils derived from milk:

0405 90 19

| – – | Within the framework of the Fifth Addition |
| --- | --- |

– –

Within the framework of the Fifth Addition

0405 90 90

| – – | Others |
| --- | --- |

– –

Others

0406

Cheese and curd

100

830

—

ex ex 0407

Bird’s eggs, in shell, fresh, preserved or cooked for consumption

100

8 004 800 pieces

—

ex ex 0407

Bird’s eggs, in shell, fresh, for hatching

100

50 000 pieces

—

ex ex 0409

Natural honey

100

180

—

ex ex 0409

Natural honey in packages exceeding 50 kg

100

300

—

0701 90

Potatoes, fresh or chilled, other than seed

100

6 380

—

0703 10

Onions and shallots, fresh or chilled

100

2 300

—

0703 20

Garlic, fresh or chilled

100

230

25

ex ex 0709 20

Asparagus, white, fresh or chilled

100

100

—

ex ex 0709 51

ex ex 0709 59

Mushrooms, fresh or chilled, other than released in the months June to September

100

200

—

0710 10

Potatoes (uncooked or cooked by steaming or boiling in water), frozen

100

250

—

0710 21

Shelled or unshelled peas (Pisum sativum) (uncooked or cooked by steaming or boiling in water), frozen

100

1 090

—

0710 22

Shelled or unshelled beans (Vigna spp., Phaseolus spp.) (uncooked or cooked by steaming or boiling in water), frozen

100

1 460

—

0710 29

Other leguminous vegetables, shelled or unshelled (uncooked or cooked by steaming or boiling in water), frozen

100

660

—

0710 30

Spinach, New Zeeland spinach and orache spinach (garden spinach) (uncooked or cooked by steaming or by boiling in water), frozen

100

650

—

0710 80

0710 90

Other vegetables (uncooked or cooked by steaming or boiling in water), frozen

Mixtures of vegetables (uncooked or cooked by steaming or boiling in water), frozen

100

1 580

—

ex ex 0712 90

Other vegetables and mixtures of vegetables, dried, whole, cut, sliced, broken or in powder, but not further prepared, other than sweet corn, beans with shell, broccoli, garlic and dried tomatoes

100

350

—

0712 90 81

Garlic, dried, whole, cut, sliced, broken or in powder, but not further prepared

100

60

—

ex ex 0712 90 30

2002 90 20

Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared

Tomatoes, other than whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid, in powder form

100

1 230

—

0802 60

ex ex 0802 90

Macadamia nuts, fresh or dried, whether or not shelled or peeled

Pecan and other nuts, fresh or dried, whether or not shelled or peeled excluding pecans, macadamia and pine nuts

100

560

15

ex ex 0804 20

Figs, dried

100

560

20

0805 10 10

Oranges, fresh

100

1 000

—

0805 20 10

Fresh mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids

100

2 000

—

0805 50 10

Fresh lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus latifolia)

100

500

—

0806 10

Grapes, fresh

100

500

—

0806 20

Grapes, dried

100

120

25

0807 11

Watermelons, fresh

100

750

—

0807 19

Melons, fresh

100

300

—

0808 10

Apples, fresh

100

3 280

—

ex ex 0808 20

Pears, fresh

100

2 140

—

ex ex 0808 20

Quinces, fresh

100

380

—

0809 10

Apricots, fresh

100

300

—

0809 20

Cherries, fresh

100

100

—

0809 30

Peaches, including nectarines

100

300

—

0809 40

Plums and sloes

100

500

—

0810 50

Fresh kiwifruit

100

200

—

ex ex 0811 20

Raspberries, Blackcurrants, Redcurrants, Blackberries and mulberries uncooked or cooked by steaming or boiling in water, frozen, unsweetened

100

160

—

0811 90

Other fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter

100

660

—

0812 10

Cherries, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

100

620

—

0812 90 10

Strawberries, provisionally preserved, but unsuitable in that state for immediate consumption

100

100

—

0813 20

Prunes, dried

100

730

—

0904 20

Fruits of genus Capsicum or Pimenta, dried, crushed or ground

100

110

—

1001 10

Durum wheat

100

10 640

—

1001 90

Other wheat and meslin

100

190 840

—

ex ex 1001 90

Other wheat and meslin (6 15), for feed

100

300 000

—

1209 99 20

Watermelon seeds

100

560

—

1507 10 10

1507 90 10

Soya bean oil, whether or not degummed, edible

100

5 000

40

1509 10

1509 90 30

Olive oil, virgin

Olive oil, other than virgin, edible

100

300

—

1509 90 90

Olive oil, other than virgin, other than edible

100

700

—

ex ex 1512

Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified, edible

40

unlimited

—

ex ex 1514

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified, edible

40

unlimited

—

1601

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

100

500

—

1602 31

Prepared or preserved meat or meat offal of turkeys

100

5 000

—

1602 32

Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus

100

2 000

—

1602 50

Prepared and preserved meat offal of bovine animal

100

340

—

1604 11 10

Salmon, in airtight containers

100

100

—

1604 12 90

Others

50

unlimited

—

1604 13

Sardines

100

230

—

1604 14

Tuna

100

330

—

ex ex 1604 15 90

Mackerel

100

80

—

1604 16 00

Anchovies

50

unlimited

—

ex ex 1604 19 90

Cod, coalfish, hake, Alaska Polack

100

150

—

ex ex 1604 20 90

Herring, swordfish, mackerel

100

100

—

1604 30

Caviar and caviar substitutes

100

25

—

1702 30 10

Glucose in liquid state

15

unlimited

—

1704 10 90

Chewing gum, whether or not sugar coated not containing 10 % or more gum base by weight

100

75

(7 *3)

1905 31 10

Sweet biscuits, containing eggs at a rate of 10 % or more of the weight, but not less than 1,5 % of milk fats and not less than 2,5 % of milk protein

100

1 200

(7 *3)

1905 32 20

Waffles and wafers, others, without filling

(7 *3)

1905 32 30

Waffles and wafers with filling containing not less than 1,5 % of milk fats, and not less than 2,5 % milk proteins

(7 *3)

1905 32 90

Others

(7 *3)

2001 10

Cucumbers and gherkins, prepared or preserved by vinegar or acetic acid

17

60

—

2001 90 90

Other, than cucumbers and gherkins, olives, sweetcorn (Zea mays var. saccharata), yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

100

1 000

—

2002 10

Tomatoes whole or in pieces prepared or preserved otherwise than by vinegar or acetic acid

100

100

—

ex ex 2002 90 10

ex ex 2002 90 90

Tomato paste, approved by the Director General ministry of industry, for ketchup producers

50

1 030

—

ex ex 2004 90

Other vegetables and mixtures of vegetables, other than homogenised preparations, in the form of flour or meal

100

340

—

ex ex 2004 90

Other vegetables, other than homogenised preparations

65

unlimited

—

2005 20 90

Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

250

—

2005 40 90

Peas, other than homogenised preparations, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

300

—

2005 51

Beans, shelled, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

300

—

2005 70

Olives, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

250

—

2005 99 90

Other vegetables and mixtures of vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen

100

1 310

—

2006 00

Vegetables, fruit, nuts, fruit peel and other parts of plants, preserved by sugar (drained, glace or crystallised)

100

100

—

ex ex 2007 99

Other jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking with a sugar content exceeding 30 % by weight, excluding strawberries

100

1 430

—

2008 40

Pears, otherwise prepared or preserved

100

500

—

2008 50

Apricots, otherwise prepared or preserved

100

520

—

ex ex 2008 60

Sour cherries, prepared or preserved, containing no spirit but with added sugar

92

270

—

2008 70

Peaches including nectarines otherwise prepared or preserved

100

2 240

—

ex ex 2008 80

Strawberries, otherwise prepared or preserved in packings of not less than 4,5 kg (excl. added sugar or spirit)

100

220

—

ex ex 2008 92

Mixtures of tropical fruit, without strawberries, nuts and citrus

100

560

—

2008 99

Other, fruit,nut and other edible part of plants, otherwise prepared whether or not containing added sugar or other sweetening matter or spirit not elsewhere specified or included

100

500

—

ex ex 2009 11

ex ex 2009 19

Orange juice, frozen and not frozen, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value not exceeding 67, in packings of more than 230 kg

100

unlimited

—

ex ex 2009 29

Grapefruit juice, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value not exceeding 67, in packings of more than 230 kg

ex ex 2009 31

Lemon juice, unfermented and not containing added spirit, not containing added sugar or other sweetening matter, of a Brix value not exceeding 20

100

560

—

ex ex 2009 39 11

Other lemon juice, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value exceeding 50

100

1 080

—

2009 61

Grape juice, (incl. grape must), unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value not exceeding 30

100

230

—

ex ex 2009 69

Other grape juice (incl. grape must), unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value exceeding 67

2009 71

Apple juice, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value not exceeding 20

100

790

—

ex ex 2009 79

Other apple juice, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter of a Brix value exceeding 20

100

1 670

—

ex ex 2009 80

Juice of any other single fruit or vegetable, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, of a Brix value exceeding 67

100

880

—

ex ex 2009 90

Mixtures of juices excluding grapes and tomatoes, of a Brix value exceeding 20

100

600

—

2105 00

Ice cream and other edible ice, whether or not containing cocoa

30 % reduction of the agricultural component (*1 *4)

500

(7 *3)

2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

100

4 300 hl

—

2205 10

2205 90

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

100

2 000 hl

(7 *3)

2207 10 51

2207 10 91

Undenatured ethyl alcohol obtained from grapes of an alcoholic strength by volume of 80 % vol or higher

100

3 450

(7 *3)

2208 20 91

Spirits obtained by distilling grape wine or grape marc, containing 17 % or more alcohol by volume, whose price per centilitre exceeds the shekel equivalent of 0,05 dollar

100

2 000 Hpa

(7 *3)

2304

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

100

5 220

—

2306 30 00

Oilcake and other solid residues

Applicable duty: 2,5 %

10 000

—

2306 41

Rape seed meal

Applicable duty: 4,5 %

3 920

—

2309 10 20

Dog or cat food, put up in packing for retail sale, containing, by weight, not less than 15 % and not more than 35 % protein materials and not less than 4 % fat materials

100

1 150

—

2309 90 20

Other preparations of a kind used in animal feeding, containing, by weight, not less than 15 % and not more than 35 % protein materials and not less than 4 % fat materials and prepared food for ornamental fishes and birds

100

1 610

—

3502 11

3502 19

Egg Albumin

100

50

(7 *3)

Table 3

For the following products customs duties shall be bound as listed below:

| Israeli Code (*2 16) | ad valorem rates to be bound (%) | specific duties to be bound (8 17) |
| --- | --- | --- |
| | (a) | (b) |
| 0104 10 90 | 110 | |
| 0105 12 10 | 60 | |
| 0105 19 10 | 60 | |
| 0105 94 00 | 110 | |
| 0105 99 00 | 110 | |
| 0204 10 19 | 50 | |
| 0204 10 99 | 50 | |
| 0204 21 19 | 50 | |
| 0204 21 99 | 50 | |
| 0204 22 19 | 50 | |
| 0204 22 99 | 50 | |
| 0204 23 19 | 50 | |
| 0204 23 99 | 50 | |
| 0204 30 90 | 50 | |
| 0204 41 90 | 50 | |
| 0204 42 90 | 50 | |
| 0204 43 90 | 50 | |
| 0204 50 19 | 50 | |
| 0206 80 00 | 60 | |
| 0207 11 10 | 80 | |
| 0207 11 90 | 80 | |
| 0207 12 10 | 80 | |
| 0207 12 90 | 80 | |
| 0207 13 00 | 110 | |
| 0207 14 10 | 110 | |
| 0207 14 90 | 110 | |
| 0207 24 00 | 80 | |
| 0207 25 00 | 80 | |
| 0207 26 00 | 110 | |
| 0207 27 10 | 110 | |
| 0207 27 90 | 110 | |
| 0210 20 00 | 110 | |
| 0408 91 00 | 110 | |
| 0408 99 00 | 110 | |
| 0702 00 10 | 150 | |
| 0702 00 90 | 150 | |
| 0703 90 00 | 75 | |
| 0704 10 10 | 75 | |
| 0704 10 20 | 75 | |
| 0704 10 90 | 75 | |
| 0704 20 00 | 75 | |
| 0704 90 10 | 75 | |
| 0704 90 20 | 75 | |
| 0704 90 30 | 75 | |
| 0704 90 90 | 75 | |
| 0705 11 00 | 60 | |
| 0705 19 00 | 60 | |
| 0706 90 10 | 75 | |
| 0706 90 30 | 75 | |
| 0706 90 50 | 110 | |
| 0706 90 90 | 75 | |
| 0708 10 00 | 75 | |
| 0708 20 00 | 75 | |
| 0708 90 10 | 75 | |
| 0709 20 00 | 75 | |
| 0709 40 00 | 60 | |
| 0709 51 90 | 60 | |
| 0709 59 90 | 60 | |
| 0709 70 00 | 80 | |
| 0709 90 31 | 75 | |
| 0709 90 33 | 75 | |
| 0709 90 90 | 75 | |
| 0710 29 90 | 20 | |
| 0710 30 90 | 30 | |
| 0710 40 00 | 0 | 0,63 NIS per kg |
| 0711 90 41 | 0 | 0,55 NIS per kg |
| 0805 40 10 | 90 | |
| 0805 50 10 | 120 | |
| 0805 90 11 | 100 | |
| 0805 90 19 | 75 | |
| 0806 10 00 | 150 | |
| 0806 20 90 | 150 | |
| 0807 11 10 | 50 | |
| 0807 19 90 | 70 | |
| 0808 20 19 | 80 | |
| 0809 10 90 | 60 | |
| 0809 30 90 | 50 | |
| 0809 40 90 | 60 | |
| 0810 20 00 | 30 | |
| ex ex 0810 90 | 30 | |
| 0811 20 90 | 12 | |
| 0811 90 11 | 20 | |
| 0811 90 19 | 30 | |
| 0812 90 90 | 12 | |
| 0813 40 00 | 20 | |
| 0904 11 00 | 8 | |
| 0904 12 00 | 15 | |
| 0904 20 90 | 12 | |
| 0910 99 90 | 15 | |
| 1001 10 90 | 50 | |
| 1001 90 90 | 50 | |
| 1105 20 00 | 14,4 | |
| 1108 11 00 | 15 | |
| 1108 12 10 | 8 | |
| 1108 12 90 | 12 | |
| 1108 13 00 | 8 | |
| 1108 14 00 | 8 | |
| 1108 19 00 | 8 | |
| 1209 91 29 | 12 | |
| 1404 90 19 | 19,5 | |
| 1501 00 00 | 12 | |
| 1507 10 90 | 8 | |
| 1507 90 90 | 8 | |
| 1508 10 00 | 8 | |
| 1508 90 90 | 8 | |
| 1510 00 90 | 8 | |
| 1511 10 20 | 8 | |
| 1511 90 90 | 8 | |
| 1512 11 90 | 8 | |
| 1512 19 90 | 8 | |
| 1512 21 90 | 8 | |
| 1512 29 90 | 8 | |
| 1513 11 90 | 8 | |
| 1513 19 90 | 8 | |
| 1513 21 20 | 8 | |
| 1513 29 90 | 8 | |
| 1514 11 90 | 8 | |
| 1514 19 90 | 8 | |
| 1514 91 90 | 8 | |
| 1514 99 90 | 8 | |
| 1515 11 90 | 4 | |
| 1515 19 90 | 4 | |
| 1515 21 20 | 8 | |
| 1515 29 90 | 8 | |
| 1515 30 00 | 8 | |
| 1515 50 90 | 8 | |
| 1515 90 22 | 8 | |
| 1515 90 30 | 8 | |
| 1516 10 11 | 28 | |
| 1516 20 19 | 8 | |
| 1516 20 91 | 12 | |
| 1516 20 92 | 4 | |
| 1516 20 99 | 8 | |
| 1601 00 90 | 12 | |
| 1602 20 99 | 12 | |
| 1602 41 00 | 12 | |
| 1602 42 00 | 12 | |
| 1602 49 90 | 12 | |
| 1602 50 91 | 12 | |
| 1602 50 99 | 12 | |
| 1602 90 90 | 12 | |
| 1603 00 00 | 12 | |
| 1704 10 90 | 0 | 0,11 NIS per kg |
| 1905 31 10 | 0 | 1,05 NIS per kg BNM than 112 % |
| 1905 32 20 | 0 | 0,42 NIS per kg BNM than 112 % |
| 1905 32 30 | 0 | 1,05 NIS per kg BNM than 112 % |
| 1905 32 90 | 0 | 0,42 NIS per kg BNM than 112 % |
| 1905 90 30 | 6,3 | |
| 1905 90 91 | 0 | 1,05 NIS per kg BNM than 112 % |
| 1905 90 92 | 0 | 0,17 NIS per kg BNM than 112 % |
| 2001 90 30 | 0 | 0,71 NIS per kg |
| 2001 90 40 | 0 | 1,95 NIS per kg |
| 2004 10 10 | 8 | |
| 2004 90 19 | 8 | |
| 2004 90 93 | 0 | 0,71 NIS per kg |
| 2005 20 10 | 8 | |
| 2005 40 10 | 5,8 | |
| 2005 51 00 | 12 | |
| 2005 59 10 | 6,3 | |
| 2005 60 00 | 12 | |
| 2005 80 20 | 0 | 0,71 NIS per kg BNM than 12 % |
| 2005 80 91 | 12 | — |
| 2005 80 99 | 0 | 0,71 NIS per kg |
| 2005 99 10 | 6 | |
| 2006 00 00 | 12 | |
| 2007 91 00 | 12 | |
| 2007 99 91 | 12 | |
| 2007 99 92 | 12 | |
| 2008 19 32 | 40 | |
| 2008 19 40 | 12 | |
| 2008 19 91 | 30 | |
| 2008 20 20 | 12 | |
| 2008 20 90 | 12 | |
| 2008 30 20 | 12 | |
| 2008 40 20 | 12 | |
| 2008 50 20 | 12 | |
| 2008 60 20 | 12 | |
| 2008 70 20 | 12 | |
| 2008 80 20 | 12 | |
| 2008 91 00 | 12 | |
| 2008 92 30 | 12 | |
| 2008 99 12 | 12 | |
| 2008 99 19 | 40 | |
| 2008 99 30 | 12 | |
| 2009 11 19 | 30 | |
| 2009 11 20 | 45 | |
| 2009 11 90 | 30 | |
| 2009 12 90 | 30 | |
| 2009 19 19 | 30 | |
| 2009 19 90 | 45 | |
| 2009 21 90 | 30 | |
| 2009 29 19 | 30 | |
| 2009 29 90 | 45 | |
| 2009 31 10 | 12 | |
| 2009 31 90 | 12 | |
| 2009 39 11 | 12 | |
| 2009 39 19 | 12 | |
| 2009 39 90 | 12 | |
| 2009 71 10 | 25 | |
| 2009 71 90 | 30 | |
| 2009 79 30 | 20 | |
| 2009 79 90 | 45 | |
| 2009 90 21 | 35 | |
| 2009 90 24 | 30 | |
| 2104 10 10 | 8 | |
| 2105 00 11 | 0 | 0,24 NIS per kg BNM than 85 % |
| 2105 00 12 | 0 | 1,22 NIS per kg BNM than 85 % |
| 2105 00 13 | 0 | 1,87 NIS per kg BNM than 85 % |
| 2205 10 00 | 20 | |
| 2205 90 00 | 20 | |
| 2207 10 51 | 0 | 8,90 NIS per LTL. Kohl. |
| 2207 10 91 | 0 | 8,90 NIS per LTL. Kohl. |
| 2208 20 99 | 0 | 7,5 NIS per LTL. Kohl. |
| 3502 11 90 | 0 | 8,4 NIS per kg. BNM than 50 % |
| 3502 19 90 | 0 | 3,25 NIS per kg. BNM than 50 % |
| 3505 10 21 | 8 | |
| 3505 20 00 | 8 | |

Israeli Code (*2 16)

ad valorem rates to be bound (%)

specific duties to be bound (8 17)

(a)

(b)

0104 10 90

110

0105 12 10

60

0105 19 10

60

0105 94 00

110

0105 99 00

110

0204 10 19

50

0204 10 99

50

0204 21 19

50

0204 21 99

50

0204 22 19

50

0204 22 99

50

0204 23 19

50

0204 23 99

50

0204 30 90

50

0204 41 90

50

0204 42 90

50

0204 43 90

50

0204 50 19

50

0206 80 00

60

0207 11 10

80

0207 11 90

80

0207 12 10

80

0207 12 90

80

0207 13 00

110

0207 14 10

110

0207 14 90

110

0207 24 00

80

0207 25 00

80

0207 26 00

110

0207 27 10

110

0207 27 90

110

0210 20 00

110

0408 91 00

110

0408 99 00

110

0702 00 10

150

0702 00 90

150

0703 90 00

75

0704 10 10

75

0704 10 20

75

0704 10 90

75

0704 20 00

75

0704 90 10

75

0704 90 20

75

0704 90 30

75

0704 90 90

75

0705 11 00

60

0705 19 00

60

0706 90 10

75

0706 90 30

75

0706 90 50

110

0706 90 90

75

0708 10 00

75

0708 20 00

75

0708 90 10

75

0709 20 00

75

0709 40 00

60

0709 51 90

60

0709 59 90

60

0709 70 00

80

0709 90 31

75

0709 90 33

75

0709 90 90

75

0710 29 90

20

0710 30 90

30

0710 40 00

0

0,63 NIS per kg

0711 90 41

0

0,55 NIS per kg

0805 40 10

90

0805 50 10

120

0805 90 11

100

0805 90 19

75

0806 10 00

150

0806 20 90

150

0807 11 10

50

0807 19 90

70

0808 20 19

80

0809 10 90

60

0809 30 90

50

0809 40 90

60

0810 20 00

30

ex ex 0810 90

30

0811 20 90

12

0811 90 11

20

0811 90 19

30

0812 90 90

12

0813 40 00

20

0904 11 00

8

0904 12 00

15

0904 20 90

12

0910 99 90

15

1001 10 90

50

1001 90 90

50

1105 20 00

14,4

1108 11 00

15

1108 12 10

8

1108 12 90

12

1108 13 00

8

1108 14 00

8

1108 19 00

8

1209 91 29

12

1404 90 19

19,5

1501 00 00

12

1507 10 90

8

1507 90 90

8

1508 10 00

8

1508 90 90

8

1510 00 90

8

1511 10 20

8

1511 90 90

8

1512 11 90

8

1512 19 90

8

1512 21 90

8

1512 29 90

8

1513 11 90

8

1513 19 90

8

1513 21 20

8

1513 29 90

8

1514 11 90

8

1514 19 90

8

1514 91 90

8

1514 99 90

8

1515 11 90

4

1515 19 90

4

1515 21 20

8

1515 29 90

8

1515 30 00

8

1515 50 90

8

1515 90 22

8

1515 90 30

8

1516 10 11

28

1516 20 19

8

1516 20 91

12

1516 20 92

4

1516 20 99

8

1601 00 90

12

1602 20 99

12

1602 41 00

12

1602 42 00

12

1602 49 90

12

1602 50 91

12

1602 50 99

12

1602 90 90

12

1603 00 00

12

1704 10 90

0

0,11 NIS per kg

1905 31 10

0

1,05 NIS per kg BNM than 112 %

1905 32 20

0

0,42 NIS per kg BNM than 112 %

1905 32 30

0

1,05 NIS per kg BNM than 112 %

1905 32 90

0

0,42 NIS per kg BNM than 112 %

1905 90 30

6,3

1905 90 91

0

1,05 NIS per kg BNM than 112 %

1905 90 92

0

0,17 NIS per kg BNM than 112 %

2001 90 30

0

0,71 NIS per kg

2001 90 40

0

1,95 NIS per kg

2004 10 10

8

2004 90 19

8

2004 90 93

0

0,71 NIS per kg

2005 20 10

8

2005 40 10

5,8

2005 51 00

12

2005 59 10

6,3

2005 60 00

12

2005 80 20

0

0,71 NIS per kg BNM than 12 %

2005 80 91

12

—

2005 80 99

0

0,71 NIS per kg

2005 99 10

6

2006 00 00

12

2007 91 00

12

2007 99 91

12

2007 99 92

12

2008 19 32

40

2008 19 40

12

2008 19 91

30

2008 20 20

12

2008 20 90

12

2008 30 20

12

2008 40 20

12

2008 50 20

12

2008 60 20

12

2008 70 20

12

2008 80 20

12

2008 91 00

12

2008 92 30

12

2008 99 12

12

2008 99 19

40

2008 99 30

12

2009 11 19

30

2009 11 20

45

2009 11 90

30

2009 12 90

30

2009 19 19

30

2009 19 90

45

2009 21 90

30

2009 29 19

30

2009 29 90

45

2009 31 10

12

2009 31 90

12

2009 39 11

12

2009 39 19

12

2009 39 90

12

2009 71 10

25

2009 71 90

30

2009 79 30

20

2009 79 90

45

2009 90 21

35

2009 90 24

30

2104 10 10

8

2105 00 11

0

0,24 NIS per kg BNM than 85 %

2105 00 12

0

1,22 NIS per kg BNM than 85 %

2105 00 13

0

1,87 NIS per kg BNM than 85 %

2205 10 00

20

2205 90 00

20

2207 10 51

0

8,90 NIS per LTL. Kohl.

2207 10 91

0

8,90 NIS per LTL. Kohl.

2208 20 99

0

7,5 NIS per LTL. Kohl.

3502 11 90

0

8,4 NIS per kg. BNM than 50 %

3502 19 90

0

3,25 NIS per kg. BNM than 50 %

3505 10 21

8

3505 20 00

8

ANNEX III

COMMON DECLARATION ON GEOGRAPHICAL INDICATIONS

The Parties agree to come back at an appropriate time, in order to discuss a possible agreement on the protection of geographical indications for agricultural products and other foodstuffs.

B.   Letter from the State of Israel

Letter from the State of Israel

Sir/Madam,

I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:

‘Sir/Madam,

I have the honour of referring to the negotiations which took place under Articles 9(4), 14 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (the ‘Association Agreement’), in force since 1 June 2000, which foresees the possibility for additional mutual tariff concessions on processed agricultural products and provides that the Community and the State of Israel shall progressively establish a greater liberalisation of their trade in agricultural products and fish and fishery products.

On the conclusion of the negotiations, the two Parties agreed upon the following amendments to the Association Agreement:

| 1. | Article 7 shall be replaced by the following:
  “The provisions of this Chapter shall apply to products originating in the Community and in Israel other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and those listed in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.” |
| --- | --- |

1.

Article 7 shall be replaced by the following:

“The provisions of this Chapter shall apply to products originating in the Community and in Israel other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and those listed in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.”

| 2. | Article 9 shall be deleted. |
| --- | --- |

2.

Article 9 shall be deleted.

| 3. | The title of Chapter 3 shall be replaced by the following:

   


  “AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS”. |
| --- | --- |

3.

The title of Chapter 3 shall be replaced by the following:

“AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS”.

| 4. | Article 10 shall be replaced by the following:
  “The provisions of this Chapter shall apply to products originating in the Community and in Israel listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.” |
| --- | --- |

4.

Article 10 shall be replaced by the following:

“The provisions of this Chapter shall apply to products originating in the Community and in Israel listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and of the Israeli customs tariff, and in Annex 1(1)(ii) to the Agreement on Agriculture of the GATT.”

| 5. | Article 12 shall be replaced by the following:
  “Agricultural products, processed agricultural products and fish and fishery products originating in Israel, on importation into the Community, shall be subject to the arrangements set out in Protocols 1 and 3.” |
| --- | --- |

5.

Article 12 shall be replaced by the following:

“Agricultural products, processed agricultural products and fish and fishery products originating in Israel, on importation into the Community, shall be subject to the arrangements set out in Protocols 1 and 3.”

| 6. | Article 13 shall be replaced by the following:
  “Agricultural products, processed agricultural products and fish and fishery products originating in the Community, on importation into Israel, shall be subject to the arrangements set out in Protocols 2 and 3.” |
| --- | --- |

6.

Article 13 shall be replaced by the following:

“Agricultural products, processed agricultural products and fish and fishery products originating in the Community, on importation into Israel, shall be subject to the arrangements set out in Protocols 2 and 3.”

| 7. | Article 14 shall be replaced by the following:
  “The European Community and Israel shall meet three years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products.” |
| --- | --- |

7.

Article 14 shall be replaced by the following:

“The European Community and Israel shall meet three years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 4 November 2009, which corresponds to the seventeenth day of Heshvan 5770 in the Hebrew calendar, to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products.”

| 8. | Article 15 shall be deleted. |
| --- | --- |

8.

Article 15 shall be deleted.

| 9. | Annexes I to VI shall be deleted. |
| --- | --- |

9.

Annexes I to VI shall be deleted.

| 10. | Protocols 1 and 2 and their annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters. |
| --- | --- |

10.

Protocols 1 and 2 and their annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters.

| 11. | A Common Declaration on geographical indications, appearing in Annex III to this Exchange of Letters, shall be added. |
| --- | --- |

11.

A Common Declaration on geographical indications, appearing in Annex III to this Exchange of Letters, shall be added.

This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the second month following the date of deposit of the last instrument of approval.’

The State of Israel has the honour of confirming its agreement with the content of this letter.

Please accept, Sir/Madam, the assurance of my highest consideration.

Съставено в Брюксел на

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje

Kelt Brüsszelben,

Magħmula fi Brussel,

Gedaan te Brussel,

Sporządzono w Brukseli dnia

Feito em Bruxelas,

Adoptat la Bruxelles,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

Image 34

Image 35

За Държавата Израел

Por el Estado de Israel

Za Stát Izrael

For Staten Israel

Für den Staat Israel

Iisraeli Riigi nimel

Για το Κράτος του Ισραήλ

For the State of Israel

Pour l'État d'Israël

Per lo Stato d'Israele

Izraēlas Valsts vārdā

Izraelio Valstybės vardu

Izrael Állam részéről

Għall-Istat tal-Iżraël

Voor de Staat Israël

W imieniu Państwa Izrael

Pelo Estado de Israel

Pentru Statul Israel

Za Izraelský stát

Za Državo Izrael

Israelin valtion puolesta

För Staten Israel

Image 36

Image 37

---

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

1

(2)  CN codes corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).

2

(3)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ‘ex’ CN codes are indicated, the preferential scheme is to be determined by the application of the CN codes and corresponding description taken together.

3

(4)  CN codes corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).

4

(5)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ‘ex’ CN codes are indicated, the preferential scheme is to be determined by the application of the CN codes and corresponding description taken together.

5

(6)  Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (Regulation (EC) No 790/2000, OJ L 95, 15.4.2000, p. 24) and subsequent amendments.

6

(7)  Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero for the period from 1 December to 31 May, if the entry price is not less than EUR 264/tonne, being the entry price agreed between the European Commission and Israel. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

7

(*1)  In this respect, ‘agricultural component’ is the specific part of the duty established in Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).

*1

(*2)  For those products the applicable duty beyond the tariff quota is established in Table 3 of this Annex.

*2

(8)  CN codes corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).

8

(9)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ‘ex’ CN codes are indicated, the preferential scheme is to be determined by the application of the CN codes and corresponding description taken together.

9

(10)  Where indicated, ‘EA’ and ‘AD S/Z’ refer to the agricultural component and additional duties for sugar, which amounts are fixed in annex 1 to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).

10

(11)  Israeli codes corresponding to the Israeli Customs file, published in Jerusalem in 1.1.2007 Version 957.

11

(12)  Notwithstanding the rules for the interpretation of the Harmonised System (HS) or of the Israeli tariff nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the HS codes or of the Israeli tariff codes. Where ‘ex’ HS codes or ‘ex’ Israeli tariff codes are indicated, the preferential scheme is to be determined by the application of the HS codes or Israeli tariff codes and corresponding description taken together.

12

(13)  Israeli codes corresponding to the Israeli Customs file, published in Jerusalem in 1.1.2007 Version 957.

13

(14)  Notwithstanding the rules for the interpretation of the Harmonised System (HS) or of the Israeli tariff nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the HS codes or of the Israeli tariff codes. Where ‘ex’ HS codes or ‘ex’ Israeli tariff codes are indicated, the preferential scheme is to be determined by the application of the HS codes or Israeli tariff codes and corresponding description taken together.

14

(15)  Approved by the director general of the ministry of agriculture.

15

(*3)  Preferential duties beyond the tariff quota established in Table 3 of this Annex.

*3

(*4)  Agricultural Component shall continue to be fixed according to the guidelines set in the Memorandum concerning the Price Compensation System to be applied by Israel for Processed Agricultural Products covered by the EC-Israel Trade Agreement, published by the State of Israel, Ministry of Industry and Trade, Foreign Trade Administration, and dated September 1995 (ref. No 2536/G). Israel will inform the Community on any new fixation of these Agricultural Components.

*4

(16)  Israeli codes corresponding to the Israeli Customs file, published in Jerusalem in 1.1.2007 Version 957.

16

(17)  BNM stands for ‘but not more’.

17

Notice concerning the date of entry into force of the Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

The above Agreement between the European Community and the State of Israel, signed in Brussels on 4 November 2009, will enter into force on 1 January 2010.

---

Commission

| 28.11.2009 | EN | Official Journal of the European Union | L 313/126 |
| --- | --- | --- | --- |

28.11.2009

EN

Official Journal of the European Union

L 313/126

---

COMMISSION DECISION

of 27 November 2009

concerning the adoption of a financing decision for 2010 for communication measures, studies, evaluations and on a direct grant to the OIE based on Article 168(1)(c) of Regulation (EC, Euratom) No 2342/2002

(2009/856/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Articles 20, 23 and 41 thereof,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) (hereinafter referred to as the ‘Financial Regulation’), and in particular Article 75 thereof,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 thereof,

Whereas:

| (1) | Decision 2009/470/EC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, in particular as regards the information policy for animal health, animal welfare and food safety, and technical and scientific measures. |
| --- | --- |

(1)

Decision 2009/470/EC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, in particular as regards the information policy for animal health, animal welfare and food safety, and technical and scientific measures.

| (2) | Pursuant to Article 19 of Decision 2009/470/EC, the Community shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin including the performance of studies necessary for the preparation and development of legislation in the field of animal welfare. |
| --- | --- |

(2)

Pursuant to Article 19 of Decision 2009/470/EC, the Community shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin including the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.

| (3) | The Community Action Plan on the Protection and Welfare of Animals 2006-2010 (4) in particular foresees to involve and inform animal keepers/handlers as well as the general public on current standards of animal protection and welfare, and to continue to support and initiate further international initiatives to raise awareness and create a greater consensus on animal welfare. In this regard, a European strategy to communicate on animal welfare in Europe and abroad is being implemented, to explain to citizens the variations in animal production systems and the costs and benefits of higher animal welfare standards. |
| --- | --- |

(3)

The Community Action Plan on the Protection and Welfare of Animals 2006-2010 (4) in particular foresees to involve and inform animal keepers/handlers as well as the general public on current standards of animal protection and welfare, and to continue to support and initiate further international initiatives to raise awareness and create a greater consensus on animal welfare. In this regard, a European strategy to communicate on animal welfare in Europe and abroad is being implemented, to explain to citizens the variations in animal production systems and the costs and benefits of higher animal welfare standards.

| (4) | The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007 to 2013) acknowledges the importance of dialogue between citizens, civil society associations and the EC institutions (particularly the Commission). |
| --- | --- |

(4)

The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007 to 2013) acknowledges the importance of dialogue between citizens, civil society associations and the EC institutions (particularly the Commission).

| (5) | An effective communication strategy has been put in place in previous years to promote animal health issues and the Animal Health Strategy principles to stakeholders, organisations and society as a whole. This communication strategy should be continued. In 2010, it is the intention of the Commission to promote in particular the importance of identification and traceability of live animals and along the food chain during the EU Veterinary Week. |
| --- | --- |

(5)

An effective communication strategy has been put in place in previous years to promote animal health issues and the Animal Health Strategy principles to stakeholders, organisations and society as a whole. This communication strategy should be continued. In 2010, it is the intention of the Commission to promote in particular the importance of identification and traceability of live animals and along the food chain during the EU Veterinary Week.

| (6) | The year 2011 has been designated as ‘World Veterinary Year 2011’ and will mark the 250th anniversary of veterinary education in the world. A communication strategy aimed at different stakeholders will be prepared to highlight its importance and to inform the stakeholders about the different events that are to be organised in that year to celebrate this occasion. |
| --- | --- |

(6)

The year 2011 has been designated as ‘World Veterinary Year 2011’ and will mark the 250th anniversary of veterinary education in the world. A communication strategy aimed at different stakeholders will be prepared to highlight its importance and to inform the stakeholders about the different events that are to be organised in that year to celebrate this occasion.

| (7) | Article 41 of Decision 2009/470/EC provides for the Commission to submit a report to the Council and Parliament on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases. |
| --- | --- |

(7)

Article 41 of Decision 2009/470/EC provides for the Commission to submit a report to the Council and Parliament on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases.

| (8) | It is therefore appropriate for the Community to fund for the year 2010, studies, impact assessments, evaluations, and information policy covering the areas of food safety, animal health and welfare and zootechnics. The maximum amount to be allocated to these actions should be specified. |
| --- | --- |

(8)

It is therefore appropriate for the Community to fund for the year 2010, studies, impact assessments, evaluations, and information policy covering the areas of food safety, animal health and welfare and zootechnics. The maximum amount to be allocated to these actions should be specified.

| (9) | Pursuant to Article 22 of Decision 2009/470/EC, the Community may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training. |
| --- | --- |

(9)

Pursuant to Article 22 of Decision 2009/470/EC, the Community may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

| (10) | The World Organisation for Animal Health (OIE) is the intergovernmental organisation responsible for improving animal health worldwide. It is recognised as a reference organisation by the World Trade Organization (WTO) for setting standards for international trade of animals and their products. |
| --- | --- |

(10)

The World Organisation for Animal Health (OIE) is the intergovernmental organisation responsible for improving animal health worldwide. It is recognised as a reference organisation by the World Trade Organization (WTO) for setting standards for international trade of animals and their products.

| (11) | The OIE has organised a worldwide conference on ‘Evolving veterinary education for a safer world’, from 12-14 October 2009. |
| --- | --- |

(11)

The OIE has organised a worldwide conference on ‘Evolving veterinary education for a safer world’, from 12-14 October 2009.

| (12) | The OIE conference could ensure a better understanding of the Community policy on animal health amongst deans and directors of veterinary institutions and key national policy makers from all over the world and in developing veterinary education in the participating countries. Financial support by the Community for the dissemination of the proceedings related to the OIE global conference is therefore in line with its goal to improve the veterinary situation in the Community. |
| --- | --- |

(12)

The OIE conference could ensure a better understanding of the Community policy on animal health amongst deans and directors of veterinary institutions and key national policy makers from all over the world and in developing veterinary education in the participating countries. Financial support by the Community for the dissemination of the proceedings related to the OIE global conference is therefore in line with its goal to improve the veterinary situation in the Community.

| (13) | The OIE is planning an International Conference on foot and mouth disease. This conference will support the actions identified in the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007 to 2013). Therefore it is appropriate for the Community to contribute to this initiative in order to foster the development of Community legislation related to this disease. Therefore, the Community should contribute to this OIE initiative. |
| --- | --- |

(13)

The OIE is planning an International Conference on foot and mouth disease. This conference will support the actions identified in the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007 to 2013). Therefore it is appropriate for the Community to contribute to this initiative in order to foster the development of Community legislation related to this disease. Therefore, the Community should contribute to this OIE initiative.

| (14) | In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the Community budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution. |
| --- | --- |

(14)

In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the Community budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

| (15) | Under Article 168(1)(c) of the Implementing Rules, grants may be awarded without a call for proposals in the case of bodies with a de facto monopoly. The OIE has a de facto monopoly in its sector, hence a call for proposals is not required in order for the Community to contribute to the dissemination of technical and scientific material related to the OIE conference ‘Evolving veterinary education for a safer world’ and the organization and hosting of an International Conference on Foot and Mouth Disease. |
| --- | --- |

(15)

Under Article 168(1)(c) of the Implementing Rules, grants may be awarded without a call for proposals in the case of bodies with a de facto monopoly. The OIE has a de facto monopoly in its sector, hence a call for proposals is not required in order for the Community to contribute to the dissemination of technical and scientific material related to the OIE conference ‘Evolving veterinary education for a safer world’ and the organization and hosting of an International Conference on Foot and Mouth Disease.

| (16) | The present financing decision may also cover the payment of interest due for late payment on the basis of Article 83 of the Financial Regulation and Article 106(5) of the Implementing Rules. |
| --- | --- |

(16)

The present financing decision may also cover the payment of interest due for late payment on the basis of Article 83 of the Financial Regulation and Article 106(5) of the Implementing Rules.

| (17) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(17)

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 DECIDED AS FOLLOWS:

Article 1

The activities for the implementation of the communication measures, the studies and evaluations and on a direct grant to the OIE, as set out in the Annex, are hereby adopted. It constitutes a financing decision in the meaning of Article 75 of the Financial Regulation.

Article 2

The maximum contribution authorised by this Decision for the implementation of the Programme is set at EUR 3 685 000 to be financed from the following Budgetary Line of the General Budget of the European Communities for 2009:

| — | Budgetary Line no 17 04 02 01: EUR 3 685 000. |
| --- | --- |

—

Budgetary Line no 17 04 02 01: EUR 3 685 000.

These appropriations may also cover interest due for late payment.

Article 3

The grants for the OIE will be awarded through a grant agreement without a call for proposals as the OIE is the intergovernmental organisation for improving animal health worldwide and has therefore a de facto monopoly, in accordance with the conditions detailed in the annexed work programme.

Done at Brussels, 27 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 155, 18.6.2009, p. 30.

1

(2)  
  OJ L 248, 16.9.2002, p. 1.

2

(3)  
  OJ L 357, 31.12.2002, p. 1.

3

(4)  COM(2006) 13 final.

4

---

ANNEX

COUNCIL DECISION 2009/470/EC OF 25 MAY 2009 ON EXPENDITURE IN THE VETERINARY FIELD, AND IN PARTICULAR ARTICLES 20, 22, 23 AND 41 THEREOF — ACTIVITIES FOR 2010

1.1.   Introduction

This programme contains 6 implementing measures for the year 2010. On the basis of the objectives given in the Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field, the distribution of budget and the main actions are the following:

| — | for grants (implemented in direct centralised management) (1.2):






  — | A Community financial contribution, for the financing of the dissemination of the proceedings of the international conference on ‘Evolving veterinary education for a safer world’, organised by the OIE from 12-14 October 2009, of EUR 50 000 constituting a Community co-financing of at maximum 80 % of the total eligible costs. |
| --- | --- | --- |

—

for grants (implemented in direct centralised management) (1.2):

—

A Community financial contribution, for the financing of the dissemination of the proceedings of the international conference on ‘Evolving veterinary education for a safer world’, organised by the OIE from 12-14 October 2009, of EUR 50 000 constituting a Community co-financing of at maximum 80 % of the total eligible costs.

| — | A Community financial contribution, for the financing of the International Conference on Foot and Mouth Disease, organised by the OIE in 2010, of EUR 200 000 constituting a Community co-financing of at maximum 33 % of the total eligible costs. |
| --- | --- |

—

A Community financial contribution, for the financing of the International Conference on Foot and Mouth Disease, organised by the OIE in 2010, of EUR 200 000 constituting a Community co-financing of at maximum 33 % of the total eligible costs.

| — | for procurement (implemented in direct centralised management) (1,3):






  — | Use of framework contract for the performance of a study to support a report on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases up to a maximum of EUR 100 000. |
| --- | --- | --- |

—

for procurement (implemented in direct centralised management) (1,3):

—

Use of framework contract for the performance of a study to support a report on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases up to a maximum of EUR 100 000.

| — | Use of framework contract for the performance of a communication campaign to promote ‘World Veterinary Year 2011’ up to a maximum of EUR 200 000. |
| --- | --- |

—

Use of framework contract for the performance of a communication campaign to promote ‘World Veterinary Year 2011’ up to a maximum of EUR 200 000.

| — | Use of framework contract for publications and the dissemination of information and the strategy on animal welfare up to a maximum of EUR 230 000. |
| --- | --- |

—

Use of framework contract for publications and the dissemination of information and the strategy on animal welfare up to a maximum of EUR 230 000.

| — | Use of framework contract for publications and the dissemination of information to promote animal health issues and the Animal Health Strategy principles up to a maximum of EUR 2 905 000. |
| --- | --- |

—

Use of framework contract for publications and the dissemination of information to promote animal health issues and the Animal Health Strategy principles up to a maximum of EUR 2 905 000.

1.2.   Grants

1.2.1.   Community financial contribution, for the financing of the dissemination of the proceedings of the international conference on ‘Evolving veterinary education for a safer world’, organised by the World Organisation for Animal Health (OIE) from 12-14 October 2009

Grants shall be covered by a written agreement.

Legal basis

Article 23 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Objectives to be fulfilled and foreseen results

The OIE has organised a worldwide conference on ‘Evolving veterinary education for a safer world’, from 12-14 October 2009.

The OIE conference could ensure a better understanding of the Community policy on animal health amongst deans and directors of veterinary institutions and key national policy makers from all over the world and in developing veterinary education in the participating countries. Financial support by the Community for the dissemination of the proceedings related to the OIE global conference is therefore in line with its goal to improve the veterinary situation in the Community.

Description and objectives of the implementing measure

A Community financial contribution, for the financing of the dissemination of the proceedings of the international conference on ‘Evolving veterinary education for a safer world’, organised by the OIE from 12-14 October 2009.

Implementation

Direct centralised

Direct award

Article 168(1)(c)

Maximum possible rate of co-financing

At maximum 80 % of the total eligible costs

1.2.2.   A Community financial contribution, for the financing of the International Conference on Foot and Mouth Disease, organised by the World Organisation for Animal Health (OIE) in 2010

Grants shall be covered by a written agreement.

Legal basis

Article 23 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Objectives to be fulfilled and foreseen results

The OIE is planning an International Conference on foot and mouth disease during 2010. This conference will support the actions identified in the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007 to 2013). Therefore it is appropriate for the Community to contribute to this initiative in order to achieve a better protection from this disease.

Description and objective of the implementing measure

The Community will support the OIE in the organisation of this International Conference.

Implementation

Direct centralised

Direct award

Article 168(1)(c)

Maximum possible rate of co-financing

At maximum 33 % of the total eligible costs related to the organisation of the International Conference.

1.3.   Procurement

The global budgetary envelope reserved in 2009 for the procurement contracts amounts to EUR 3 435 000.

1.3.1.   Performance of a study to support a report on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases

Legal basis

Article 41 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Indicative number and type of contracts envisaged

One service contract (use of existing framework contract)

Subject of the contracts envisaged

To prepare a study that is to be used as a contribution towards finalising the report as mentioned in Article 41 of Decision 2009/470/EC

Implementation

Direct centralised

Indicative timeframe for launching the procurement procedure

Specific contract

Conclusion of one specific service contract (during the first quarter of 2010) under framework contract reference SANCO/2008/01/055

1.3.2.   Communication campaign to promote ‘World Veterinary Year 2011’

Legal basis

Article 20 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Indicative number and type of contracts envisaged

One service contract (use of existing framework contract)

Subject of the contracts envisaged

To prepare a communication campaign including different communication actions in preparation of the ‘World Veterinary Year 2011’, in order to promote the Animal Health Community policy during that year

Implementation

Direct centralised

Indicative timeframe for launching the procurement procedure

Specific contract

Conclusion of one specific service contract (during the second quarter of 2010) under framework contract reference SANCO/2009/A1/005

1.3.3.   Publications and dissemination of information related to the strategy on animal welfare

Legal basis

Article 20 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Indicative number and type of contracts envisaged

A maximum of three service contracts (use of existing framework contracts)

Subject of the contracts envisaged

As foreseen in the Community Action Plan on the Protection and Welfare of Animals 2006-2010, the following activities, corresponding to Areas 4 and 5 of the Plan, are envisaged for 2010:

| — | Developing an interactive website on animal welfare to promote the Animal Welfare strategies and initiatives, and updating and managing its content; |
| --- | --- |

—

Developing an interactive website on animal welfare to promote the Animal Welfare strategies and initiatives, and updating and managing its content;

| — | Follow up to the Welfare Quality® project (http://www.welfarequality.net/everyone). The Welfare Quality® project is supported by the Commission in order to create animal based welfare indicators and to improve the marketing of animal products with high welfare content; |
| --- | --- |

—

Follow up to the Welfare Quality® project (http://www.welfarequality.net/everyone). The Welfare Quality® project is supported by the Commission in order to create animal based welfare indicators and to improve the marketing of animal products with high welfare content;

| — | Farmland website and teacher toolbox – further developments. Development of additional languages for the website, integrating existing similar projects into Farmland teacher toolbox strategy, developing an European study on existing animal welfare educational programs; |
| --- | --- |

—

Farmland website and teacher toolbox – further developments. Development of additional languages for the website, integrating existing similar projects into Farmland teacher toolbox strategy, developing an European study on existing animal welfare educational programs;

| — | Organizing events/conferences on animal welfare education; |
| --- | --- |

—

Organizing events/conferences on animal welfare education;

| — | Organizing a drawing contest for children for a new design to be used on promotional materials. |
| --- | --- |

—

Organizing a drawing contest for children for a new design to be used on promotional materials.

Implementation

Direct centralised

Indicative timeframe for launching the procurement procedure

Specific contract

Conclusion of a maximum of three specific service contracts (during the first quarter of 2010) under framework contract reference SANCO/2009/A1/005

1.3.4.   Publications and dissemination of information to promote animal health issues and the Animal Health Strategy principles

Legal basis

Article 20 of Decision 2009/470/EC

Budgetary line

17 04 02 01

Indicative number and type of contracts envisaged

A maximum of seven service contracts (use of existing framework contracts)

Subject of the contracts envisaged

| — | Veterinary Week 2010:






  — | A two day conference in Brussels with all stakeholders; |
| --- | --- | --- |

—

Veterinary Week 2010:

—

A two day conference in Brussels with all stakeholders;

| — | A video and printed materials to be developed for the general public on the importance of identification and traceability of animals; |
| --- | --- |

—

A video and printed materials to be developed for the general public on the importance of identification and traceability of animals;

| — | Events to be organised in all Member States for students in Veterinary Universities and the general public during the Veterinary Week and supporting materials to be developed, to raise awareness of animal health issues, including for instance the EU Animal Health Strategy, identification and traceability of animals and rabies. |
| --- | --- |

—

Events to be organised in all Member States for students in Veterinary Universities and the general public during the Veterinary Week and supporting materials to be developed, to raise awareness of animal health issues, including for instance the EU Animal Health Strategy, identification and traceability of animals and rabies.

| — | Promoting the Animal Health Community policy in line with the Animal Health Strategy:






  — | Prolongation of the promotion campaign using a customised van travelling around the EU, stopping off at agricultural shows, veterinary conventions, tourism fairs, and schools; |
| --- | --- | --- |

—

Promoting the Animal Health Community policy in line with the Animal Health Strategy:

—

Prolongation of the promotion campaign using a customised van travelling around the EU, stopping off at agricultural shows, veterinary conventions, tourism fairs, and schools;

| — | Printed materials to be developed for the general public on pet passports, in all EU languages; |
| --- | --- |

—

Printed materials to be developed for the general public on pet passports, in all EU languages;

| — | On-line handbook on rabies prevention to be developed for the general public, to be translated in several key languages. |
| --- | --- |

—

On-line handbook on rabies prevention to be developed for the general public, to be translated in several key languages.

Implementation

Direct centralised

Indicative timeframe for launching the procurement procedure

Specific contract

Conclusion of a maximum of seven specific service contracts (during the first and second quarter of 2010) under framework contract reference SANCO/2009/A1/005

---