# Official Journal L 26/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.026.eng |
| --- | --- |
| Official Journal
  of the European Union | L 26 |
| | |
| English edition | Legislation | Volume 5330 January 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.026.eng

Official Journal

of the European Union

L 26

English edition

Legislation

Volume 5330 January 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 86/2010 of 29 January 2010 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates | 1 |
| | | Commission Regulation (EU) No 87/2010 of 29 January 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 17 |
| | | Commission Regulation (EU) No 88/2010 of 29 January 2010 fixing the import duties in the cereals sector applicable from 1 February 2010 | 19 |
| | | DECISIONS |
| | | 2010/50/EU |
| | * | Council Decision of 25 January 2010 amending Annex 2, Schedule A, to the Common Consular Instructions on visas for the diplomatic missions and consular posts, in relation to visa requirements for holders of diplomatic passports from Saudi Arabia | 22 |
| | | 2010/51/EU |
| | * | Decision of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 19 January 2010 amending Decision 2002/621/EC on the organisation and operation of the European Communities Personnel Selection Office | 24 |
| | | 2010/52/EU |
| | * | Commission Decision of 27 January 2010 on a Union financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2010
  (notified under document C(2010) 320) | 26 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 86/2010 of 29 January 2010 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates

1

Commission Regulation (EU) No 87/2010 of 29 January 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

17

Commission Regulation (EU) No 88/2010 of 29 January 2010 fixing the import duties in the cereals sector applicable from 1 February 2010

19

DECISIONS

2010/50/EU

*

Council Decision of 25 January 2010 amending Annex 2, Schedule A, to the Common Consular Instructions on visas for the diplomatic missions and consular posts, in relation to visa requirements for holders of diplomatic passports from Saudi Arabia

22

2010/51/EU

*

Decision of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 19 January 2010 amending Decision 2002/621/EC on the organisation and operation of the European Communities Personnel Selection Office

24

2010/52/EU

*

Commission Decision of 27 January 2010 on a Union financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2010
  (notified under document C(2010) 320)

(notified under document C(2010) 320)

26

| | | IV   Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty |
| --- | --- | --- |
| | * | Council Decision 2010/53/CFSP of 30 November 2009 concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information | 30 |
| Agreement between Australia and the European Union on the security of classified information | 31 |

IV   Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty

*

Council Decision 2010/53/CFSP of 30 November 2009 concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information

30

Agreement between Australia and the European Union on the security of classified information

31

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Decision 2009/867/EC of 30 November 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (OJ L 314, 1.12.2009) | 36 |

Corrigenda

*

Corrigendum to Commission Decision 2009/867/EC of 30 November 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (OJ L 314, 1.12.2009)

OJ L 314, 1.12.2009

36

| 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.

---

II Non-legislative acts

REGULATIONS

| 30.1.2010 | EN | Official Journal of the European Union | L 26/1 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/1

---

COMMISSION REGULATION (EU) No 86/2010

of 29 January 2010

amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the European Union and to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (1), in particular Articles 9(1), 12(5), 51(3) and 52 thereof,

Whereas:

| (1) | Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008. |
| --- | --- |

(1)

Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008.

| (2) | Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States (2). In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States. |
| --- | --- |

(2)

Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States (2). In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States.

| (3) | Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated. |
| --- | --- |

(3)

Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.

| (4) | Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly. |
| --- | --- |

(4)

Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1005/2008

Annex I to Regulation (EC) No 1005/2008 is amended as set out in Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 1010/2009

Regulation (EC) No 1010/2009 is amended as follows:

| 1. | In Article 4, the following paragraph is added:
  ‘In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.’ |
| --- | --- |

1.

In Article 4, the following paragraph is added:

‘In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.’

| 2. | Annex IX is amended as set out in Annex II to this Regulation. |
| --- | --- |

2.

Annex IX is amended as set out in Annex II to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the seventh day following that of 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, 29 January 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 286, 29.10.2008, p. 1.

1

(2)  OJ L 280, 27.10.2009, p. 5.

2

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ANNEX I

Annex I of Regulation (EC) No 1005/2008 is amended as follows:

| ‘ex Chapter 3
  ex 1604
  ex 1605 | Aquaculture products obtained from fry or larvae |
| --- | --- |
| 0301 10 (1) | Ornamental fish, live |
| ex 0301 91 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater |
| ex 0301 92 00 | Eels (Anguilla spp.), live, caught in freshwater |
| 0301 93 00 | Carp, live |
| ex 0301 99 11 | 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), live, caught in freshwater |
| 0301 99 19 | Other freshwater fish, live |
| ex 0302 11 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 12 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), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 19 00 | Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 66 00 | Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0302 69 11 | Carp, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0302 69 15 | Tilapia (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0302 69 18 | Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| ex 0302 70 00 | Livers and roes, fresh or chilled, of other freshwater fish |
| ex 0303 11 00 | Sockeye salmon (red salmon) (Oncorhynchus nerka), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 19 00 | Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 21 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 22 00 | Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 29 00 | Other salmonidae, excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 76 00 | Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0303 79 11 | Carp, frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0303 79 19 | Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 |
| ex 0303 80 | Livers and roes, frozen, of other freshwater fish |
| 0304 19 01 | Fish fillets, fresh or chilled, of Nile perch (Lates niloticus) |
| 0304 19 03 | Fish fillets, fresh or chilled, of pangasius (Pangasius spp.) |
| ex 0304 19 13 | Fish fillets, fresh or chilled, of 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), caught in freshwater |
| ex 0304 19 15 | Fish fillets, fresh or chilled, of the species Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater |
| ex 0304 19 17 | Fish fillets, fresh or chilled, of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater |
| 0304 19 18 | Fish fillets, fresh or chilled, of other freshwater fish |
| 0304 19 91 | Other fish meat (whether or not minced), fresh or chilled, of freshwater fish |
| 0304 29 01 | Frozen fillets of Nile perch (Lates niloticus) |
| 0304 29 03 | Frozen fillets of pangasius (Pangasius spp.) |
| 0304 29 05 | Frozen fillets of Tilapia (Oreochromis spp.) |
| ex 0304 29 13 | Frozen fillets of 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), caught in freshwater |
| ex 0304 29 15 | Frozen fillets of Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater |
| ex 0304 29 17 | Frozen fillets of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater |
| 0304 29 18 | Frozen fillets of other freshwater fish |
| 0304 99 21 | Other fish meat (whether or not minced), frozen, of freshwater fish |
| 0305 10 00 | Flours, meals and pellets of fish, fit for human consumption |
| ex 0305 20 00 | Livers and roes of freshwater fish, dried, smoked, salted or in brine |
| ex 0305 30 30 | Fish fillets, salted or in brine, of 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), caught in freshwater |
| ex 0305 30 90 | Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish |
| ex 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, caught in freshwater |
| ex 0305 49 45 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater |
| ex 0305 49 50 | Eels (Anguilla spp.), smoked, including fillets, caught in freshwater |
| ex 0305 49 80 | Other freshwater fish, smoked, including fillets |
| ex 0305 59 80 | Other freshwater fish, dried, whether or not salted, but not smoked |
| ex 0305 69 50 | 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), in brine or salted but not dried or smoked, caught in freshwater |
| ex 0305 69 80 | Other freshwater fish, in brine or salted but not dried or smoked |
| 0306 19 10 | Freshwater crayfish, frozen |
| ex 0306 19 90 | Flours, meals and pellets of crustaceans, frozen, fit for human consumption |
| 0306 29 10 | Freshwater crayfish, live, fresh, chilled, dried, salted or in brine, in shell, cooked by steaming or by boiling in water, whether or not chilled, dried salted or in brine |
| ex 0306 29 90 | Flours, meals and pellets of crustaceans, not frozen, fit for human consumption |
| 0307 10 | Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine |
| 0307 21 00 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled |
| 0307 29 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other than live, fresh or chilled |
| 0307 31 | Mussels (Mytilus spp., Perna spp.), live, fresh or chilled |
| 0307 39 | Mussels (Mytilus spp., Perna spp.), other than live, fresh or chilled |
| 0307 60 00 | Snails, other than sea snails, live, fresh, chilled, frozen, dried, salted or in brine |
| ex 0307 91 00 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, live, fresh or chilled |
| 0307 99 13 | Striped venus and other species of the family Veneridae, frozen |
| 0307 99 15 | Jellyfish (Rhopilema spp.), frozen |
| ex 0307 99 18 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00 and 0307 99 11 to 0307 99 15, except cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen |
| ex 0307 99 90 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, dried, salted or in brine |
| ex 1604 11 00 | Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
| ex 1604 19 10 | Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
| ex 1604 20 10 | Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
| ex 1604 20 30 | Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
| ex 1604 19 91 | Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |
| ex 1605 40 00 | Freshwater crayfish, prepared or preserved |
| 1605 90 11 | Mussels (Mytilus spp., Perna spp.), prepared or preserved, in airtight containers |
| 1605 90 19 | Mussels (Mytilus spp., Perna spp.), prepared or preserved, other than in airtight containers |
| ex 1605 90 30 | Scallops, oysters and snails, prepared or preserved |
| 1605 90 90 | Other aquatic invertebrates, other than molluscs, prepared or preserved |

‘ex Chapter 3

ex 1604

ex 1605

Aquaculture products obtained from fry or larvae

0301 10 (1)

Ornamental fish, live

ex 0301 91

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater

ex 0301 92 00

Eels (Anguilla spp.), live, caught in freshwater

0301 93 00

Carp, live

ex 0301 99 11

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), live, caught in freshwater

0301 99 19

Other freshwater fish, live

ex 0302 11

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0302 12 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), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0302 19 00

Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0302 66 00

Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

0302 69 11

Carp, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

0302 69 15

Tilapia (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304

0302 69 18

Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

ex 0302 70 00

Livers and roes, fresh or chilled, of other freshwater fish

ex 0303 11 00

Sockeye salmon (red salmon) (Oncorhynchus nerka), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0303 19 00

Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0303 21

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0303 22 00

Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0303 29 00

Other salmonidae, excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

ex 0303 76 00

Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater

0303 79 11

Carp, frozen, excluding fish fillets and other fish meat of heading 0304

0303 79 19

Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304

ex 0303 80

Livers and roes, frozen, of other freshwater fish

0304 19 01

Fish fillets, fresh or chilled, of Nile perch (Lates niloticus)

0304 19 03

Fish fillets, fresh or chilled, of pangasius (Pangasius spp.)

ex 0304 19 13

Fish fillets, fresh or chilled, of 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), caught in freshwater

ex 0304 19 15

Fish fillets, fresh or chilled, of the species Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater

ex 0304 19 17

Fish fillets, fresh or chilled, of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater

0304 19 18

Fish fillets, fresh or chilled, of other freshwater fish

0304 19 91

Other fish meat (whether or not minced), fresh or chilled, of freshwater fish

0304 29 01

Frozen fillets of Nile perch (Lates niloticus)

0304 29 03

Frozen fillets of pangasius (Pangasius spp.)

0304 29 05

Frozen fillets of Tilapia (Oreochromis spp.)

ex 0304 29 13

Frozen fillets of 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), caught in freshwater

ex 0304 29 15

Frozen fillets of Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater

ex 0304 29 17

Frozen fillets of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater

0304 29 18

Frozen fillets of other freshwater fish

0304 99 21

Other fish meat (whether or not minced), frozen, of freshwater fish

0305 10 00

Flours, meals and pellets of fish, fit for human consumption

ex 0305 20 00

Livers and roes of freshwater fish, dried, smoked, salted or in brine

ex 0305 30 30

Fish fillets, salted or in brine, of 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), caught in freshwater

ex 0305 30 90

Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish

ex 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, caught in freshwater

ex 0305 49 45

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater

ex 0305 49 50

Eels (Anguilla spp.), smoked, including fillets, caught in freshwater

ex 0305 49 80

Other freshwater fish, smoked, including fillets

ex 0305 59 80

Other freshwater fish, dried, whether or not salted, but not smoked

ex 0305 69 50

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), in brine or salted but not dried or smoked, caught in freshwater

ex 0305 69 80

Other freshwater fish, in brine or salted but not dried or smoked

0306 19 10

Freshwater crayfish, frozen

ex 0306 19 90

Flours, meals and pellets of crustaceans, frozen, fit for human consumption

0306 29 10

Freshwater crayfish, live, fresh, chilled, dried, salted or in brine, in shell, cooked by steaming or by boiling in water, whether or not chilled, dried salted or in brine

ex 0306 29 90

Flours, meals and pellets of crustaceans, not frozen, fit for human consumption

0307 10

Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine

0307 21 00

Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled

0307 29

Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other than live, fresh or chilled

0307 31

Mussels (Mytilus spp., Perna spp.), live, fresh or chilled

0307 39

Mussels (Mytilus spp., Perna spp.), other than live, fresh or chilled

0307 60 00

Snails, other than sea snails, live, fresh, chilled, frozen, dried, salted or in brine

ex 0307 91 00

Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, live, fresh or chilled

0307 99 13

Striped venus and other species of the family Veneridae, frozen

0307 99 15

Jellyfish (Rhopilema spp.), frozen

ex 0307 99 18

Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00 and 0307 99 11 to 0307 99 15, except cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen

ex 0307 99 90

Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, dried, salted or in brine

ex 1604 11 00

Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced

ex 1604 19 10

Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced

ex 1604 20 10

Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced)

ex 1604 20 30

Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced)

ex 1604 19 91

Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen

ex 1605 40 00

Freshwater crayfish, prepared or preserved

1605 90 11

Mussels (Mytilus spp., Perna spp.), prepared or preserved, in airtight containers

1605 90 19

Mussels (Mytilus spp., Perna spp.), prepared or preserved, other than in airtight containers

ex 1605 90 30

Scallops, oysters and snails, prepared or preserved

1605 90 90

Other aquatic invertebrates, other than molluscs, prepared or preserved

---

(1)  CN codes correspond to Commission Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009).’

1

---

ANNEX II

The following text is inserted into Annex IX to Regulation (EC) No 1010/2009:

‘Section 1

NORWAY

CATCH CERTIFICATION SCHEME

Norway shall require a catch certificate for landings and imports to Norway of catches made by fishing vessels flying the flag of a Member State of the European Community.

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall, as of 1 January 2010, be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of Norway — by a Norwegian catch certificate based on the Norwegian system of sales notes, which is an electronic traceability system under the control of the Norwegian authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of a Norwegian catch certificate is given in the Appendix.

The Norwegian system of sales notes shall also be used to issue and validate a catch certificate for export consignments from Norway to the European Community of conventional fishery products including stock-fish, salted fish and salted and dried klippfish, using raw material from small fishing vessels and/or involving production comprising several steps in the production process, in accordance with entry 7. bis of the attached specimen.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be established, validated and submitted by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in Norway and the Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

Image

Image

Section 2

Section 2

UNITED STATES

UNITED STATES

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of the United States — by the US catch certificate, supported by electronic reporting and record keeping systems under the control of the US authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the US catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate as from 1 January 2010, is given in the Appendix.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in the United States and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

Image

Image

Section 3

Section 3

NEW ZEALAND

NEW ZEALAND

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of New Zealand — by the New Zealand catch certificate, which is an electronic traceability and certification system under the control of the New Zealand authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the New Zealand catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate for catches by fishing vessels registered in New Zealand and which are landed in New Zealand from 1 January 2010, is given in Appendix I.

Supporting explanatory notes on the New Zealand catch certificate are given in Appendix II.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be communicated by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities in New Zealand and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix I

Specimen of the New Zealand catch certificate

Image

Image

Appendix II

Supporting explanatory notes on the New Zealand catch certificate

The “consignor” is the “exporter”

Any information included in an “unofficial information” box and information that follows the New Zealand government signatures is not validated by the New Zealand government.

---

| 30.1.2010 | EN | Official Journal of the European Union | L 26/17 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/17

---

COMMISSION REGULATION (EU) No 87/2010

of 29 January 2010

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 30 January 2010.

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

Done at Brussels, 29 January 2010.

For the Commission, On behalf of the President,

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 | 73,6 |
| TN | 112,6 |
| TR | 99,1 |
| ZZ | 95,1 |
| 0707 00 05 | JO | 101,4 |
| MA | 77,8 |
| TR | 118,9 |
| ZZ | 99,4 |
| 0709 90 70 | MA | 130,0 |
| TR | 138,3 |
| ZZ | 134,2 |
| 0709 90 80 | EG | 99,0 |
| ZZ | 99,0 |
| 0805 10 20 | EG | 52,1 |
| IL | 53,6 |
| MA | 54,6 |
| TN | 52,9 |
| TR | 53,8 |
| ZZ | 53,4 |
| 0805 20 10 | IL | 176,3 |
| MA | 86,0 |
| ZZ | 131,2 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | CN | 48,9 |
| EG | 76,6 |
| IL | 90,3 |
| JM | 92,7 |
| MA | 126,8 |
| PK | 46,5 |
| TR | 75,5 |
| ZZ | 79,6 |
| 0805 50 10 | EG | 88,6 |
| IL | 88,6 |
| TR | 73,6 |
| ZZ | 83,6 |
| 0808 10 80 | CA | 87,8 |
| CL | 60,5 |
| CN | 71,9 |
| MK | 24,7 |
| US | 125,6 |
| ZZ | 74,1 |
| 0808 20 50 | CN | 40,0 |
| US | 100,9 |
| ZA | 103,3 |
| ZZ | 81,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

73,6

TN

112,6

TR

99,1

ZZ

95,1

0707 00 05

JO

101,4

MA

77,8

TR

118,9

ZZ

99,4

0709 90 70

MA

130,0

TR

138,3

ZZ

134,2

0709 90 80

EG

99,0

ZZ

99,0

0805 10 20

EG

52,1

IL

53,6

MA

54,6

TN

52,9

TR

53,8

ZZ

53,4

0805 20 10

IL

176,3

MA

86,0

ZZ

131,2

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

CN

48,9

EG

76,6

IL

90,3

JM

92,7

MA

126,8

PK

46,5

TR

75,5

ZZ

79,6

0805 50 10

EG

88,6

IL

88,6

TR

73,6

ZZ

83,6

0808 10 80

CA

87,8

CL

60,5

CN

71,9

MK

24,7

US

125,6

ZZ

74,1

0808 20 50

CN

40,0

US

100,9

ZA

103,3

ZZ

81,4

---

(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’.

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| 30.1.2010 | EN | Official Journal of the European Union | L 26/19 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/19

---

COMMISSION REGULATION (EU) No 88/2010

of 29 January 2010

fixing the import duties in the cereals sector applicable from 1 February 2010

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

| (4) | Import duties should be fixed for the period from 1 February 2010 and should apply until new import duties are fixed and enter into force, |
| --- | --- |

(4)

Import duties should be fixed for the period from 1 February 2010 and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 February 2010, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 1 February 2010.

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

Done at Brussels, 29 January 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  OJ L 161, 29.6.1996, p. 125.

2

---

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 February 2010

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00 |
| 1002 00 00 | Rye | 38,41 |
| 1005 10 90 | Maize seed other than hybrid | 19,81 |
| 1005 90 00 | Maize, other than seed (2) | 19,81 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 38,41 |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00

1002 00 00

Rye

38,41

1005 10 90

Maize seed other than hybrid

19,81

1005 90 00

Maize, other than seed (2)

19,81

1007 00 90

Grain sorghum other than hybrids for sowing

38,41

---

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

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

—

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

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

—

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

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

---

ANNEX II

Factors for calculating the duties laid down in Annex I

15.1.2010-28.1.2010

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











  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 146,94 | 101,93 | — | — | — | — |
| Fob price USA | — | — | 166,33 | 156,33 | 136,33 | 98,06 |
| Gulf of Mexico premium | 45,13 | 14,73 | — | — | — | — |
| Great Lakes premium | — | — | — | — | — | — |

1.

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

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

146,94

101,93

—

—

—

—

Fob price USA

—

—

166,33

156,33

136,33

98,06

Gulf of Mexico premium

45,13

14,73

—

—

—

—

Great Lakes premium

—

—

—

—

—

—

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






  Freight costs: Gulf of Mexico–Rotterdam: | 23,41 EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | — EUR/t |

2.

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

Freight costs: Gulf of Mexico–Rotterdam:

23,41 EUR/t

Freight costs: Great Lakes–Rotterdam:

— EUR/t

---

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

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

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

---

DECISIONS

| 30.1.2010 | EN | Official Journal of the European Union | L 26/22 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/22

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COUNCIL DECISION

of 25 January 2010

amending Annex 2, Schedule A, to the Common Consular Instructions on visas for the diplomatic missions and consular posts, in relation to visa requirements for holders of diplomatic passports from Saudi Arabia

(2010/50/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications (1), and in particular Article 1(1) thereof,

Having regard to the initiative of French Republic,

Whereas:

| (1) | Annex 2, Schedule A, to the Common Consular Instructions (2) contains the list of countries whose nationals are not subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are subject to this requirement when they are holders of ordinary passports. |
| --- | --- |

(1)

Annex 2, Schedule A, to the Common Consular Instructions (2) contains the list of countries whose nationals are not subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are subject to this requirement when they are holders of ordinary passports.

| (2) | France wishes to exempt holders of diplomatic passports from Saudi Arabia from the visa requirement. The Common Consular Instructions should therefore be amended accordingly. |
| --- | --- |

(2)

France wishes to exempt holders of diplomatic passports from Saudi Arabia from the visa requirement. The Common Consular Instructions should therefore be amended accordingly.

| (3) | This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
   (3); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(3)

This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
   (3); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (4) | This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
   (4); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(4)

This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
   (4); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (5) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the said Protocol, decide within a period of six months after the Council has decided on this Decision, whether it will implement it in its national law. |
| --- | --- |

(5)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the said Protocol, decide within a period of six months after the Council has decided on this Decision, whether it will implement it in its national law.

| (6) | As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
   (5), which fall within the area referred to in Article 1, point Β of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (6). |
| --- | --- |

(6)

As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
   (5), which fall within the area referred to in Article 1, point Β of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (6).

| (7) | As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
   (7), which fall within the area referred to in Article 1, point Β, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8) on the conclusion, on behalf of the European Community, of that Agreement. |
| --- | --- |

(7)

As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
   (7), which fall within the area referred to in Article 1, point Β, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8) on the conclusion, on behalf of the European Community, of that Agreement.

| (8) | As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point Β of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (9) on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol. |
| --- | --- |

(8)

As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point Β of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (9) on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol.

| (9) | This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession. |
| --- | --- |

(9)

This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

| (10) | This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession, |
| --- | --- |

(10)

This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,

HAS ADOPTED THIS DECISION:

Article 1

In Annex 2, Schedule A, to the Common Consular Instructions, the letter ‘D’ shall be inserted in the ‘FR’ column against the entry for Saudi Arabia.

Article 2

This Decision shall enter into force on 1 February 2010.

Article 3

This Decision is addressed to the Member States in accordance with the Treaties.

Article 4

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

Done at Brussels, 25 January 2010.

For the Council

The President

M. Á. MORATINOS

---

(1)  OJ L 116, 26.4.2001, p. 2.

1

(2)  OJ C 326, 22.12.2005, p. 1.

2

(3)  OJ L 131, 1.6.2000, p. 43.

3

(4)  OJ L 64, 7.3.2002, p. 20.

4

(5)  OJ L 176, 10.7.1999, p. 36.

5

(6)  OJ L 176, 10.7.1999, p. 31.

6

(7)  OJ L 53, 27.2.2008, p. 52.

7

(8)  OJ L 53, 27.2.2008, p. 1.

8

(9)  OJ L 83, 26.3.2008, p. 3.

9

---

| 30.1.2010 | EN | Official Journal of the European Union | L 26/24 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/24

---

DECISION OF THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION, THE REGISTRAR OF THE COURT OF JUSTICE, THE SECRETARIES-GENERAL OF THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN OMBUDSMAN

of 19 January 2010

amending Decision 2002/621/EC on the organisation and operation of the European Communities Personnel Selection Office

(2010/51/EU)

THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION, THE REGISTRAR OF THE COURT OF JUSTICE OF THE EUROPEAN UNION, THE SECRETARIES-GENERAL OF THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN OMBUDSMAN,

Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1),

Having regard to Decision 2002/620/EC of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the European Ombudsman of 25 July 2002 establishing a European Communities Personnel Selection Office (2), and in particular Article 5 thereof,

After consulting the Staff Regulations Committee,

Whereas:

| (1) | Article 7 (appointment of staff) of the Decision on the organisation and operation of the Office adopted on 25 July 2002 does not provide for the possibility of engaging contract staff pursuant to Article 3a(1)(c) of the Conditions of employment of other servants of the European Communities because the latter provision was adopted subsequently to the Decision, by Council Regulation (EC, Euratom) No 723/2004 (3). |
| --- | --- |

(1)

Article 7 (appointment of staff) of the Decision on the organisation and operation of the Office adopted on 25 July 2002 does not provide for the possibility of engaging contract staff pursuant to Article 3a(1)(c) of the Conditions of employment of other servants of the European Communities because the latter provision was adopted subsequently to the Decision, by Council Regulation (EC, Euratom) No 723/2004 (3).

| (2) | Experience has shown that it is necessary to authorise the renewal, for an indefinite period, of the employment contracts of contract staff where justified in the interests of the service, particularly when, owing to the duration and/or nature of the Office’s tasks, renewing these contracts for an indefinite period allows the Office to keep experienced staff able to ensure the continuity and efficiency of its tasks. |
| --- | --- |

(2)

Experience has shown that it is necessary to authorise the renewal, for an indefinite period, of the employment contracts of contract staff where justified in the interests of the service, particularly when, owing to the duration and/or nature of the Office’s tasks, renewing these contracts for an indefinite period allows the Office to keep experienced staff able to ensure the continuity and efficiency of its tasks.

| (3) | The employment of contract staff will be within the limits laid down in Article 3a(2) of the Conditions of employment of other servants. |
| --- | --- |

(3)

The employment of contract staff will be within the limits laid down in Article 3a(2) of the Conditions of employment of other servants.

| (4) | The employment of contract staff will be within the limits of the appropriations for the Office’s annual budget, subject to approval by the European Personnel Selection Office’s (EPSO) Management Board, which comprises representatives from all the EU institutions and, as observers, the representative of the European Data Protection Supervisor and staff representatives, |
| --- | --- |

(4)

The employment of contract staff will be within the limits of the appropriations for the Office’s annual budget, subject to approval by the European Personnel Selection Office’s (EPSO) Management Board, which comprises representatives from all the EU institutions and, as observers, the representative of the European Data Protection Supervisor and staff representatives,

HAVE ADOPTED THIS DECISION:

Article 1

In Article 7 of Decision 2002/621/EC of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsman of 25 July 2002 on the organisation and operation of the European Communities Personnel Selection Office (4) the following paragraph 4a is inserted:

‘4a.   For carrying out tasks under the supervision of officials or temporary staff, the Office may make use of contract staff as provided for in Article 3a(1)(c) of the Conditions of employment of other servants of the European Communities. The use of contract staff shall be within the limits laid down by the Office’s annual budget on the basis of the estimate of the Office’s revenue and expenditure drawn up by EPSO’s Management Board.’

Article 2

Date of entry into force

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

Official Journal of the European Union

For the European Parliament

The Secretary-General

Klaus WELLE

For the Council

The Secretary-General

Pierre DE BOISSIEU

For the Commission

The Secretary-General

Catherine DAY

For the Court of Justice

The Registrar

Roger GRASS

For the Court of Auditors

The Secretary-General

Eduardo RUIZ GARCÍA

For the Economic and Social Committee

The Secretary-General

Martin WESTLAKE

For the Committee of the Regions

The Secretary-General

Gerhard STAHL

For the European Ombudsman

The Secretary-General

Ian HARDEN

---

(1)  OJ L 56, 4.3.1968, p. 1.

1

(2)  OJ L 197, 26.7.2002, p. 53.

2

(3)  OJ L 124, 27.4.2004, p. 1.

3

(4)  OJ L 197, 26.7.2002, p. 56.

4

---

| 30.1.2010 | EN | Official Journal of the European Union | L 26/26 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/26

---

COMMISSION DECISION

of 27 January 2010

on a Union financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2010

(notified under document C(2010) 320)

(Only the French text is authentic)

(2010/52/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (1) and in particular the first sentence of the first subparagraph of Article 17(3),

Whereas:

| (1) | Commission Decision 2007/609/EC of 10 September 2007 on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira (2) defines the measures eligible for an Union financial contribution in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira. |
| --- | --- |

(1)

Commission Decision 2007/609/EC of 10 September 2007 on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira (2) defines the measures eligible for an Union financial contribution in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira.

| (2) | The French authorities have submitted to the Commission a programme for 2010 providing for plant health measures in the French overseas departments. That programme specifies the objectives to be achieved, the expected deliverables, the measures to be carried out, their duration and their cost with a view to a possible Union financial contribution. The measures provided for in that programme fulfill the requirements of Decision 2007/609/EC. The Commission therefore considers that the requirements of Article 17(1) of Regulation (EC) No 247/2006, have been met. |
| --- | --- |

(2)

The French authorities have submitted to the Commission a programme for 2010 providing for plant health measures in the French overseas departments. That programme specifies the objectives to be achieved, the expected deliverables, the measures to be carried out, their duration and their cost with a view to a possible Union financial contribution. The measures provided for in that programme fulfill the requirements of Decision 2007/609/EC. The Commission therefore considers that the requirements of Article 17(1) of Regulation (EC) No 247/2006, have been met.

| (3) | In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3), the Union’s financial contributions to plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purposes of financial control of those measures Articles 9, 36 and 37 of that Regulation apply. |
| --- | --- |

(3)

In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3), the Union’s financial contributions to plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purposes of financial control of those measures Articles 9, 36 and 37 of that Regulation apply.

| (4) | In accordance with Article 75 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and Article 90(1) of 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 (5), the commitment of expenditure from the Union budget shall be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated, setting out the essential elements of the action involving the expenditure. |
| --- | --- |

(4)

In accordance with Article 75 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and Article 90(1) of 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 (5), the commitment of expenditure from the Union budget shall be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated, setting out the essential elements of the action involving the expenditure.

| (5) | The present decision constitutes a financing decision for the expenditure provided in the co-financing requests presented by Member States. |
| --- | --- |

(5)

The present decision constitutes a financing decision for the expenditure provided in the co-financing requests presented by Member States.

| (6) | The measures provided for in this decision are in accordance with the opinion of the Standing Committee on Plant Health, |
| --- | --- |

(6)

The measures provided for in this decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

An Union financial contribution to France for the official programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2010 as specified in Part A of the Annex, is approved.

It shall be limited to a maximum of 60 % of the total eligible expenditure, as specified in Part B of the Annex, with a maximum of EUR 240 000 (VAT excluded).

Article 2

1.   An advance of EUR 100 000 shall be paid within 60 days after receipt of a request for payment by France.

2.   The balance of the financial contribution shall be paid provided that a final implementation report on the programme is submitted to the Commission in electronic form by 15 March 2011 at the latest.

That report shall contain:

| (a) | a concise technical evaluation of the entire programme, including the degree of achievement of physical and qualitative objectives and the progress accomplished, and an assessment of the immediate phytosanitary and economic impact, and |
| --- | --- |

(a)

a concise technical evaluation of the entire programme, including the degree of achievement of physical and qualitative objectives and the progress accomplished, and an assessment of the immediate phytosanitary and economic impact, and

| (b) | a financial cost statement indicating the actual expenditure broken down by sub-programme and by measure. |
| --- | --- |

(b)

a financial cost statement indicating the actual expenditure broken down by sub-programme and by measure.

3.   With respect to the indicative budget breakdown specified in Part B of the Annex, France may adjust the financing between different measures in the same sub-programme within a limit of 15 % of the Union contribution to this sub-programme, provided that the total amount of eligible costs scheduled in the programme is not exceeded and that the main objectives of the programme are not thereby compromised.

It shall inform the Commission of any adjustments made.

Article 3

This Decision shall apply from 1 January 2010.

Article 4

This Decision is addressed to the French Republic.

Done at Brussels, 27 January 2010.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  OJ L 42, 14.2.2006, p. 1.

1

(2)  OJ L 242, 15.9.2007, p. 20.

2

(3)  OJ L 209, 11.8.2005, p. 1.

3

(4)  OJ L 248, 16.9.2002, p. 1.

4

(5)  OJ L 357, 31.12.2002, p. 1.

5

---

ANNEX

PROGRAMME AND INDICATIVE BUDGET BREAKDOWN FOR 2010

PART A

Programme

The programme shall consist of four sub-programmes:

| 1. | inter-departmental sub-programme:
  Measure 1: development of detection methods for harmful organisms based on quantitative polymerase chain reaction (PCR) |
| --- | --- |

1.

inter-departmental sub-programme:

Measure 1: development of detection methods for harmful organisms based on quantitative polymerase chain reaction (PCR)

| 2. | sub-programme for the department of Martinique:
  Measure 2: phytosanitary surveys and training of nursery farmers |
| --- | --- |

2.

sub-programme for the department of Martinique:

Measure 2: phytosanitary surveys and training of nursery farmers

| 3. | sub-programme for the department of Guyane:
  Measure 3: management of an agricultural phytosanitary warning system for rice production; |
| --- | --- |

3.

sub-programme for the department of Guyane:

Measure 3: management of an agricultural phytosanitary warning system for rice production;

| 4. | sub-programme for the department of Guadeloupe:






  (a) | Measure 4.1: management of a survey network for fruit flies; |
| --- | --- | --- |

4.

sub-programme for the department of Guadeloupe:

(a)

Measure 4.1: management of a survey network for fruit flies;

| (b) | Measure 4.2: phytosanitary surveys in the tomato production; |
| --- | --- |

(b)

Measure 4.2: phytosanitary surveys in the tomato production;

| (c) | Measure 4.3: management of the risk of introduction of harmful organisms by tourist activity. |
| --- | --- |

(c)

Measure 4.3: management of the risk of introduction of harmful organisms by tourist activity.

PART B

Indicative budget breakdown, with indication of the various expected deliverables

| (in EUR) |
| --- |
| Sub-programmes | Deliverables
  (S: provision of services, R: research or study work) | Eligible expenditure | National financial contribution | Maximum Union financial contribution |
| Inter-DOM sub-programme | |
| Measure 1 | Method of quantitative PCR (R) | 120 000 | 48 000 | 72 000 |
| Sub-total | 120 000 | 48 000 | 72 000 |
| Martinique | |
| Measure 2 | Phytosanitary surveys and training of nursery farmers (S) | 110 000 | 44 000 | 66 000 |
| Sub-total | 110 000 | 44 000 | 66 000 |
| Guyane | |
| Measure 3 | Management of an agricultural phytosanitary warning system (S) | 119 500 | 47 800 | 71 700 |
| Sub-total | 119 500 | 47 800 | 71 700 |
| Guadeloupe | |
| Measure 4.1 | Management of a survey network for fruit flies (S) | 15 500 | 6 200 | 9 300 |
| Measure 4.2 | Phytosanitary surveys in the tomato production (S) | 20 000 | 8 000 | 12 000 |
| Measure 4.3 | Actions of communication to the public on the risks of introduction of harmful organisms (S) | 15 000 | 6 000 | 9 000 |
| Sub-total | 50 500 | 20 200 | 30 300 |
| Total | 400 000 | 160 000 | 240 000 |

(in EUR)

Sub-programmes

Deliverables

(S: provision of services, R: research or study work)

Eligible expenditure

National financial contribution

Maximum Union financial contribution

Inter-DOM sub-programme

Measure 1

Method of quantitative PCR (R)

120 000

48 000

72 000

Sub-total

120 000

48 000

72 000

Martinique

Measure 2

Phytosanitary surveys and training of nursery farmers (S)

110 000

44 000

66 000

Sub-total

110 000

44 000

66 000

Guyane

Measure 3

Management of an agricultural phytosanitary warning system (S)

119 500

47 800

71 700

Sub-total

119 500

47 800

71 700

Guadeloupe

Measure 4.1

Management of a survey network for fruit flies (S)

15 500

6 200

9 300

Measure 4.2

Phytosanitary surveys in the tomato production (S)

20 000

8 000

12 000

Measure 4.3

Actions of communication to the public on the risks of introduction of harmful organisms (S)

15 000

6 000

9 000

Sub-total

50 500

20 200

30 300

Total

400 000

160 000

240 000

---

IV Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty

| 30.1.2010 | EN | Official Journal of the European Union | L 26/30 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/30

---

COUNCIL DECISION 2010/53/CFSP

of 30 November 2009

concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

| (1) | At its meeting on 9 March 2009, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (the SG/HR) and fully associating the Commission, to open negotiations in accordance with Article 24 of the Treaty on European Union with Australia in order to conclude a security of information Agreement. |
| --- | --- |

(1)

At its meeting on 9 March 2009, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (the SG/HR) and fully associating the Commission, to open negotiations in accordance with Article 24 of the Treaty on European Union with Australia in order to conclude a security of information Agreement.

| (2) | Following that authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with Australia on the security of classified information. |
| --- | --- |

(2)

Following that authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with Australia on the security of classified information.

| (3) | The Agreement should be approved, |
| --- | --- |

(3)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between Australia and the European Union on the security of classified information is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.

Article 3

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

Article 4

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

Done at Brussels, 30 November 2009.

For the Council

The President

B. ASK

---

AGREEMENT

between Australia and the European Union on the security of classified information

AUSTRALIA,

and

THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,

(hereinafter referred to as ‘the Parties’),

CONSIDERING that the Parties share the objective of strengthening their own security in all ways and to provide their citizens with a high level of safety within an area of security;

CONSIDERING that the Parties agree that consultations and cooperation should be developed between them on questions of common interest relating to security;

CONSIDERING that, in this context, a permanent need therefore exists to exchange Classified Information between the Parties;

RECOGNISING that full and effective consultation and cooperation may require access to Classified Information of Australia and of the EU, as well as the exchange of Classified Information between the Parties;

CONSCIOUS that such access to and exchange of Classified Information requires appropriate security measures;

WHEREAS Australia and the EU launched a Partnership Framework on 29 October 2008 in support of a number of common objectives;

WHEREAS Objective 1 of that Partnership Framework specifically provides for the opening of negotiations for an agreement on the security of classified information,

HAVE AGREED AS FOLLOWS:

Article 1

Scope

1.   In order to fulfil the objective of strengthening bilateral and multilateral dialogue and cooperation in support of shared foreign security policy and security interests, the present Agreement applies to Classified Information, as defined in Article 2(a), either provided or exchanged between the Parties.

2.   Each Party shall protect Classified Information received from the other Party, in particular against unauthorised disclosure.

3.   Each Party shall implement its obligations under this Agreement in accordance with its laws, rules and regulations.

Article 2

Definitions

For the purposes of this Agreement:

| (a) | ‘Classified Information’ means all information that is subject to a Security Classification (as provided in Article 4) assigned by either Party, and the unauthorised disclosure of which could cause varying degrees of damage or harm to the interests of either Party. The information may be in oral, visual, electronic, magnetic or documentary form, or in the form of material, including equipment or technology and includes reproductions and translations; |
| --- | --- |

(a)

‘Classified Information’ means all information that is subject to a Security Classification (as provided in Article 4) assigned by either Party, and the unauthorised disclosure of which could cause varying degrees of damage or harm to the interests of either Party. The information may be in oral, visual, electronic, magnetic or documentary form, or in the form of material, including equipment or technology and includes reproductions and translations;

| (b) | ‘The EU’ shall mean the Council of the European Union (hereafter referred to as ‘the Council’), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter referred to as ‘the European Commission’); |
| --- | --- |

(b)

‘The EU’ shall mean the Council of the European Union (hereafter referred to as ‘the Council’), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter referred to as ‘the European Commission’);

| (c) | ‘Providing Party’ means the Party that provides Classified Information to the other Party; |
| --- | --- |

(c)

‘Providing Party’ means the Party that provides Classified Information to the other Party;

| (d) | ‘Receiving Party’ means the Party that receives Classified Information from the Providing Party; |
| --- | --- |

(d)

‘Receiving Party’ means the Party that receives Classified Information from the Providing Party;

| (e) | ‘Security Classification’ is the designation assigned to information by the Providing Party to indicate the minimum level of protection that information must be afforded to safeguard it from disclosure that could have adverse consequences for the Providing Party. Each Party’s Security Classifications are as specified in Article 4; |
| --- | --- |

(e)

‘Security Classification’ is the designation assigned to information by the Providing Party to indicate the minimum level of protection that information must be afforded to safeguard it from disclosure that could have adverse consequences for the Providing Party. Each Party’s Security Classifications are as specified in Article 4;

| (f) | ‘Need-to-know’ means the principle that access to Classified Information should be limited to those who need to use such information in order to perform their official duties; |
| --- | --- |

(f)

‘Need-to-know’ means the principle that access to Classified Information should be limited to those who need to use such information in order to perform their official duties;

| (g) | ‘Third Party’ means any person or entity other than the Parties; |
| --- | --- |

(g)

‘Third Party’ means any person or entity other than the Parties;

| (h) | ‘Contractor’ means an individual (other than those engaged by Australia or the EU under a contract of employment) or legal entity possessing the legal capacity to enter into contracts for the provision of goods or services; this term also refers to a subcontractor. |
| --- | --- |

(h)

‘Contractor’ means an individual (other than those engaged by Australia or the EU under a contract of employment) or legal entity possessing the legal capacity to enter into contracts for the provision of goods or services; this term also refers to a subcontractor.

Article 3

Level of protection

Each of the Parties, and entities thereof as defined in Article 2(b), shall ensure that it has a security system and security measures in place, based on the basic principles and minimum standards of security laid down in its respective laws, rules and regulations, and reflected in the security arrangements that shall be established pursuant to Article 12, in order to ensure that an equivalent level of protection is applied to Classified Information exchanged under this Agreement.

Article 4

Security Classifications

1.   Classified Information shall be marked with the following Security Classifications:

| (a) | for Australia, Classified Information shall be marked TOP SECRET, SECRET or HIGHLY PROTECTED, CONFIDENTIAL or PROTECTED, RESTRICTED or X-IN-CONFIDENCE; |
| --- | --- |

(a)

for Australia, Classified Information shall be marked TOP SECRET, SECRET or HIGHLY PROTECTED, CONFIDENTIAL or PROTECTED, RESTRICTED or X-IN-CONFIDENCE;

| (b) | for the EU, Classified Information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE. |
| --- | --- |

(b)

for the EU, Classified Information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE.

2.   The corresponding Security Classifications are:

| For the European Union | For Australia |
| --- | --- |
| TRES SECRET UE/EU TOP SECRET | TOP SECRET |
| SECRET UE | SECRET or HIGHLY PROTECTED |
| CONFIDENTIEL UE | CONFIDENTIAL or PROTECTED |
| RESTREINT UE | RESTRICTED or X-IN-CONFIDENCE |

For the European Union

For Australia

TRES SECRET UE/EU TOP SECRET

TOP SECRET

SECRET UE

SECRET or HIGHLY PROTECTED

CONFIDENTIEL UE

CONFIDENTIAL or PROTECTED

RESTREINT UE

RESTRICTED or X-IN-CONFIDENCE

3.   Prior to providing Classified Information, the Providing Party shall assign a Security Classification to the Classified Information and stamp, mark or designate the Classified Information with the name of the Providing Party.

4.   The Providing Party may additionally mark such Classified Information to specify any limitations on its use, disclosure, release and access by the Receiving Party. The Receiving Party shall comply with any such limitations.

Article 5

Protection of Classified Information

Each Party shall:

| (a) | ensure the security of facilities where Classified Information released to it by the other Party is kept, and ensure for each such facility that all necessary measures are taken to control, protect and safeguard Classified Information provided by the other Party under this Agreement; |
| --- | --- |

(a)

ensure the security of facilities where Classified Information released to it by the other Party is kept, and ensure for each such facility that all necessary measures are taken to control, protect and safeguard Classified Information provided by the other Party under this Agreement;

| (b) | ensure that Classified Information exchanged under this Agreement keeps the Security Classification marking given to it by the Providing Party and is not downgraded or declassified without the prior written consent of the Providing Party; |
| --- | --- |

(b)

ensure that Classified Information exchanged under this Agreement keeps the Security Classification marking given to it by the Providing Party and is not downgraded or declassified without the prior written consent of the Providing Party;

| (c) | afford Classified Information received from the Providing Party a degree of protection at least equivalent to that afforded to its own Classified Information of a corresponding Security Classification as specified in Article 4(2); |
| --- | --- |

(c)

afford Classified Information received from the Providing Party a degree of protection at least equivalent to that afforded to its own Classified Information of a corresponding Security Classification as specified in Article 4(2);

| (d) | not use such Classified Information for purposes other than those established by the Providing Party or those for which the Classified Information is provided; |
| --- | --- |

(d)

not use such Classified Information for purposes other than those established by the Providing Party or those for which the Classified Information is provided;

| (e) | not disclose such Classified Information to third parties, or to any EU institution or entity not mentioned in Article 2(b), without the prior written consent of the Providing Party; |
| --- | --- |

(e)

not disclose such Classified Information to third parties, or to any EU institution or entity not mentioned in Article 2(b), without the prior written consent of the Providing Party;

| (f) | not allow access to such Classified Information to individuals unless they have a Need-to-know in order to perform their official duties and, where required, have been security-cleared to the appropriate level for access to such Classified Information; |
| --- | --- |

(f)

not allow access to such Classified Information to individuals unless they have a Need-to-know in order to perform their official duties and, where required, have been security-cleared to the appropriate level for access to such Classified Information;

| (g) | ensure that all individuals having access to such Classified Information are informed of their responsibilities to protect the information in accordance with that Party’s internal laws, rules and regulations; and |
| --- | --- |

(g)

ensure that all individuals having access to such Classified Information are informed of their responsibilities to protect the information in accordance with that Party’s internal laws, rules and regulations; and

| (h) | ensure that the rights of the originator of Classified Information exchanged under this Agreement, as well as intellectual property rights such as patents, copyrights or trade secrets, are adequately protected. |
| --- | --- |

(h)

ensure that the rights of the originator of Classified Information exchanged under this Agreement, as well as intellectual property rights such as patents, copyrights or trade secrets, are adequately protected.

Article 6

Release of Classified Information

1.   Classified Information may be disclosed or released, in accordance with the principle of originator control, by the Providing Party to the Receiving Party.

2.   In implementing paragraph 1, no generic release shall be possible unless procedures are agreed between the Parties, pursuant to Article 12, regarding certain categories of Classified Information, relevant to their operational requirements.

Article 7

Security Clearances

1.   Access to Classified Information shall be limited to individuals in Australia and in the EU who:

| (a) | require access, on a Need-to-know basis, to the Classified Information for the performance of their official duties; and |
| --- | --- |

(a)

require access, on a Need-to-know basis, to the Classified Information for the performance of their official duties; and

| (b) | in case they require access to information classified CONFIDENTIAL, PROTECTED, CONFIDENTIEL UE, or above, have been granted a personnel security clearance at the relevant level or have otherwise been duly authorised by virtue of their functions, in accordance with the relevant laws, rules and regulations. |
| --- | --- |

(b)

in case they require access to information classified CONFIDENTIAL, PROTECTED, CONFIDENTIEL UE, or above, have been granted a personnel security clearance at the relevant level or have otherwise been duly authorised by virtue of their functions, in accordance with the relevant laws, rules and regulations.

2.   The determination by a Party to grant a personnel security clearance to an individual shall be consistent with that Party’s security interests and shall be based upon all available information indicating whether the individual is of unquestionable loyalty, integrity, honesty and trustworthiness.

3.   Each Party’s personnel security clearances shall be based on an appropriate investigation conducted in sufficient detail to provide assurance that the criteria referred to in paragraph 2 have been met with respect to any individual to whom access to Classified Information is to be granted.

Article 8

Security Visits and Procedures

1.   The Parties shall provide mutual assistance with regard to the security of Classified Information exchanged under this Agreement.

2.   Reciprocal security consultations and assessment visits shall be periodically conducted by the responsible security authorities referred to in Article 12 to assess the effectiveness of measures taken under this Agreement and the security arrangements to be established pursuant to Article 12 for protecting the Classified Information exchanged between the Parties.

3.   Each Party shall provide to the other, upon request, information regarding its security standards, procedures and practices for the protection and destruction of Classified Information. Each Party shall inform the other Party in writing of any changes to its security standards, procedures and practices that affect the manner in which Classified Information is protected and destroyed.

Article 9

Release of Classified Information to Contractors

Classified Information received by the Receiving Party may only be provided to a Contractor or prospective Contractor with the prior written consent of the Providing Party. Prior to the disclosure or release to a Contractor or prospective Contractor of any such Classified Information, the Receiving Party shall ensure that:

| (a) | such Contractors or prospective Contractors, and their personnel requiring access to Classified Information, have a personnel security clearance in accordance with Article 7; and |
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(a)

such Contractors or prospective Contractors, and their personnel requiring access to Classified Information, have a personnel security clearance in accordance with Article 7; and

| (b) | their facilities are able to protect the Classified Information appropriately. |
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(b)

their facilities are able to protect the Classified Information appropriately.

Article 10

Procedures for Exchanging Classified Information

1.   For the purpose of this Agreement:

| (a) | as regards the EU, all Classified Information shall be addressed to the Chief Registry Officer of the Council and shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 3; |
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(a)

as regards the EU, all Classified Information shall be addressed to the Chief Registry Officer of the Council and shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 3;

| (b) | as regards Australia, all Classified Information shall be addressed to the registry office of the relevant Australian Government agency or department, via the Australian Embassy and Mission of the Government of Australia to the European Union, Brussels. The address for the relevant Australian Government agency or department shall be listed in the security arrangements established by the Parties pursuant to Article 12. |
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(b)

as regards Australia, all Classified Information shall be addressed to the registry office of the relevant Australian Government agency or department, via the Australian Embassy and Mission of the Government of Australia to the European Union, Brussels. The address for the relevant Australian Government agency or department shall be listed in the security arrangements established by the Parties pursuant to Article 12.

2.   Classified Information transmitted by electronic means shall be encrypted in accordance with the Providing Party’s requirements as outlined in its security policies and regulations. The Providing Party’s requirements shall be met when transmitting, receiving, storing and processing Classified Information in internal networks of the Parties.

3.   Exceptionally, Classified Information from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the Need-to-know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the Secretariat-General of the European Commission when such information is addressed to the European Commission. As far as Australia is concerned, Classified Information shall be addressed pursuant to paragraph 1(b).

Article 11

Oversight

1.   For the EU, the Secretary-General of the Council and the Member of the European Commission responsible for security matters shall oversee the implementation of this Agreement.

2.   For the Government of Australia, the Minister for Foreign Affairs, the Minister for Defence and the Attorney-General shall oversee the implementation of this Agreement.

Article 12

Security arrangements

1.   In order to implement this Agreement, security arrangements shall be mutually determined in writing between the responsible security authorities designated in paragraphs 2, 3 and 4, in order to lay down the standards for the reciprocal protection of Classified Information under this Agreement.

2.   The Attorney-General’s Department, acting in the name of the Government of Australia and under its authority, shall develop the security arrangements for the protection and safeguarding of Classified Information provided to Australia under this Agreement.

3.   The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall develop the security arrangements for the protection and safeguarding of Classified Information provided to the EU under this Agreement.

4.   The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall develop the security arrangements for the protection of Classified Information transmitted under this Agreement within the European Commission and its premises.

5.   For the EU, the security arrangements mentioned in paragraph 1 shall be subject to approval by the Council Security Committee.

Article 13

Loss or compromise

The Authorities referred to in Article 12 shall establish procedures to be followed:

| (a) | in the case of proven or suspected loss or compromise of Classified Information provided or exchanged under this Agreement; and |
| --- | --- |

(a)

in the case of proven or suspected loss or compromise of Classified Information provided or exchanged under this Agreement; and

| (b) | for informing the Providing Party of the results of an investigation and information regarding measures taken to prevent recurrence of loss or compromise to Classified Information provided or exchanged under this Agreement. |
| --- | --- |

(b)

for informing the Providing Party of the results of an investigation and information regarding measures taken to prevent recurrence of loss or compromise to Classified Information provided or exchanged under this Agreement.

Article 14

Costs

Each Party shall bear its own costs incurred in implementing this Agreement.

Article 15

Ability to protect

Before Classified Information is provided or exchanged between the Parties under this Agreement, the Authorities referred to in Article 12 shall agree that the Receiving Party is able to protect and safeguard the information in a way consistent with the security arrangements to be established pursuant to that Article.

Article 16

Other agreements

This Agreement shall not prevent the Parties from concluding other agreements and arrangements relating to the provision or exchange of Classified Information provided that they do not conflict with the provisions of this Agreement.

Article 17

Dispute Resolution

Any differences between Australia and the European Union arising out of the interpretation or application of this Agreement shall be settled solely by negotiation between the Parties.

Article 18

Entry into force and amendment

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   Each Party shall notify the other Party of any changes in its laws, rules or regulations that could affect the protection of Classified Information referred to in this Agreement. In such cases, the Parties shall consult with a view to amending this Agreement as necessary in accordance with paragraph 4.

3.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.

4.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided in paragraph 1.

Article 19

Termination

1.   Either Party may terminate this Agreement at any time by notification in writing. Termination shall take effect ninety (90) days from the date of the other Party being notified thereof.

2.   Notwithstanding termination of this Agreement, all Classified Information received by the Parties pursuant to this Agreement shall continue to be protected in accordance with this Agreement. The Parties shall consult immediately on the handling or disposal of such Classified Information.

IN WITNESS WHEREOF, the undersigned, respectively duly authorised, have signed this Agreement.

Done at Brussels, 13 January 2010, in two copies, each in the English language.

For Australia

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For the European Union

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Corrigenda

| 30.1.2010 | EN | Official Journal of the European Union | L 26/36 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

L 26/36

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Corrigendum to Commission Decision 2009/867/EC of 30 November 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97

(
  Official Journal of the European Union L 314 of 1 December 2009
  )

On page 107, in table 1, second line, second column, on page 108, in table 1, second line, second column:

for:

‘Bucuresti, Sector 6, Splaiul Independentei no. 319, OB. 152’,

read:

‘Hipermagazin Decathlon, corp 2, bd. Iuliu Maniu nr. 546-560, sector 6, 061129 București’.

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