# Official Journal L 56/2009

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 56 |
| | |
| English edition | Legislation | Volume 5228 February 2009 |

ISSN 1725-2555

Official Journal

of the European Union

L 56

English edition

Legislation

Volume 5228 February 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 165/2009 of 27 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 166/2009 of 27 February 2009 fixing the import duties in the cereals sector applicable from 1 March 2009 | 3 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 165/2009 of 27 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 166/2009 of 27 February 2009 fixing the import duties in the cereals sector applicable from 1 March 2009

3

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2009/166/EC |
| | * | Council Decision of 27 November 2008 concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances | 6 |
| Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances | 8 |
| | | 2009/167/EC |
| | * | Council Decision of 26 February 2009 amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies | 15 |
| | | 2009/168/EC, Euratom |
| | * | Council Decision of 26 February 2009 appointing a German member of the European Economic and Social Committee | 16 |
| | | Conference of the Representatives of the Governments of the Member States |
| | | 2009/169/EC, Euratom |
| | * | Decision of the Representatives of the Governments of the Member States of 25 February 2009 appointing a Judge to the Court of First Instance of the European Communities | 17 |

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

DECISIONS

Council

2009/166/EC

*

Council Decision of 27 November 2008 concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

6

Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

8

2009/167/EC

*

Council Decision of 26 February 2009 amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies

15

2009/168/EC, Euratom

*

Council Decision of 26 February 2009 appointing a German member of the European Economic and Social Committee

16

Conference of the Representatives of the Governments of the Member States

2009/169/EC, Euratom

*

Decision of the Representatives of the Governments of the Member States of 25 February 2009 appointing a Judge to the Court of First Instance of the European Communities

17

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Directive 1999/41/EC of the European Parliament and of the Council of 7 June 1999 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses ( OJ L 172, 8.7.1999 ) | 18 |

Corrigenda

*

Corrigendum to Directive 1999/41/EC of the European Parliament and of the Council of 7 June 1999 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses ( OJ L 172, 8.7.1999 )

18

| | | |
| --- | --- | --- |
| | * | Note to the reader (see page 3 of the cover) | s3 |

*

Note to the reader (see page 3 of the cover)

Note to the reader

s3

| 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.

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

REGULATIONS

| 28.2.2009 | EN | Official Journal of the European Union | L 56/1 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

L 56/1

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COMMISSION REGULATION (EC) No 165/2009

of 27 February 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 28 February 2009.

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

Done at Brussels, 27 February 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 59,1 |
| SN | 127,1 |
| TN | 111,3 |
| TR | 82,5 |
| ZZ | 95,0 |
| 0707 00 05 | MA | 102,4 |
| MK | 143,3 |
| TR | 119,8 |
| ZZ | 121,8 |
| 0709 90 70 | MA | 58,9 |
| TR | 103,6 |
| ZZ | 81,3 |
| 0709 90 80 | EG | 80,1 |
| ZZ | 80,1 |
| 0805 10 20 | EG | 44,4 |
| IL | 50,1 |
| MA | 49,8 |
| TN | 56,6 |
| TR | 73,1 |
| ZZ | 54,8 |
| 0805 20 10 | IL | 144,6 |
| MA | 85,0 |
| TR | 71,0 |
| ZZ | 100,2 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | EG | 79,0 |
| IL | 107,0 |
| MA | 134,0 |
| PK | 51,7 |
| TR | 64,1 |
| ZZ | 87,2 |
| 0805 50 10 | EG | 52,8 |
| MA | 53,1 |
| TR | 49,2 |
| ZZ | 51,7 |
| 0808 10 80 | CA | 89,6 |
| CN | 76,7 |
| MK | 25,7 |
| US | 107,5 |
| ZZ | 74,9 |
| 0808 20 50 | AR | 85,0 |
| CL | 73,7 |
| CN | 44,5 |
| US | 109,3 |
| ZA | 105,3 |
| ZZ | 83,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

59,1

SN

127,1

TN

111,3

TR

82,5

ZZ

95,0

0707 00 05

MA

102,4

MK

143,3

TR

119,8

ZZ

121,8

0709 90 70

MA

58,9

TR

103,6

ZZ

81,3

0709 90 80

EG

80,1

ZZ

80,1

0805 10 20

EG

44,4

IL

50,1

MA

49,8

TN

56,6

TR

73,1

ZZ

54,8

0805 20 10

IL

144,6

MA

85,0

TR

71,0

ZZ

100,2

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

EG

79,0

IL

107,0

MA

134,0

PK

51,7

TR

64,1

ZZ

87,2

0805 50 10

EG

52,8

MA

53,1

TR

49,2

ZZ

51,7

0808 10 80

CA

89,6

CN

76,7

MK

25,7

US

107,5

ZZ

74,9

0808 20 50

AR

85,0

CL

73,7

CN

44,5

US

109,3

ZA

105,3

ZZ

83,6

---

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

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| 28.2.2009 | EN | Official Journal of the European Union | L 56/3 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

L 56/3

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COMMISSION REGULATION (EC) No 166/2009

of 27 February 2009

fixing the import duties in the cereals sector applicable from 1 March 2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

| (1) | 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 March 2009 and should apply until new import duties are fixed and enter into force, |
| --- | --- |

(4)

Import duties should be fixed for the period from 1 March 2009 and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 March 2009, 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 March 2009.

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

Done at Brussels, 27 February 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

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

2

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ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 March 2009

| 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 | 22,76 |
| 1005 10 90 | Maize seed other than hybrid | 19,45 |
| 1005 90 00 | Maize, other than seed (2) | 19,45 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 22,76 |

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

22,76

1005 10 90

Maize seed other than hybrid

19,45

1005 90 00

Maize, other than seed (2)

19,45

1007 00 90

Grain sorghum other than hybrids for sowing

22,76

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(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.

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ANNEX II

Factors for calculating the duties laid down in Annex I

13.2.2009-26.2.2009

| 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 | 192,81 | 110,81 | — | — | — | — |
| Fob price USA | — | — | 228,04 | 218,04 | 198,04 | 123,28 |
| Gulf of Mexico premium | 52,88 | 15,77 | — | — | — | — |
| Great Lakes premium | — | — | — | — | — | — |

1.

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

192,81

110,81

—

—

—

—

Fob price USA

—

—

228,04

218,04

198,04

123,28

Gulf of Mexico premium

52,88

15,77

—

—

—

—

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: | 14,56  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 15,11  EUR/t |

2.

Freight costs: Gulf of Mexico–Rotterdam:

14,56  EUR/t

Freight costs: Great Lakes–Rotterdam:

15,11  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).

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

DECISIONS

Council

| 28.2.2009 | EN | Official Journal of the European Union | L 56/6 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

L 56/6

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COUNCIL DECISION

of 27 November 2008

concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

(2009/166/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | The Community should strengthen controls on shipments of precursors from the People’s Republic of China, given the risk of their diversion for the purposes of the illicit manufacture of synthetic drugs in the Community. |
| --- | --- |

(1)

The Community should strengthen controls on shipments of precursors from the People’s Republic of China, given the risk of their diversion for the purposes of the illicit manufacture of synthetic drugs in the Community.

| (2) | On 27 June 2006, the Council authorised the Commission to negotiate with the Government of the People’s Republic of China an Agreement on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances (‘the Agreement’). Following negotiations, the text of the Agreement was accepted on 13 March 2008. |
| --- | --- |

(2)

On 27 June 2006, the Council authorised the Commission to negotiate with the Government of the People’s Republic of China an Agreement on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances (‘the Agreement’). Following negotiations, the text of the Agreement was accepted on 13 March 2008.

| (3) | It is appropriate that the Council should authorise the Commission, in consultation with a special committee appointed by the Council, to approve amendments on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-Up Group. Such authorisation must, however, be limited to the amendment of the Annexes to the Agreement in so far as such amendment concerns substances already covered by Community legislation on drug precursors and substances. |
| --- | --- |

(3)

It is appropriate that the Council should authorise the Commission, in consultation with a special committee appointed by the Council, to approve amendments on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-Up Group. Such authorisation must, however, be limited to the amendment of the Annexes to the Agreement in so far as such amendment concerns substances already covered by Community legislation on drug precursors and substances.

| (4) | The Agreement should be approved, |
| --- | --- |

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

1.   The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Follow-Up Group set up under Article 9 of the Agreement.

2.   The Commission is authorised to approve, on behalf of the Community, amendments to Annexes A and B to the Agreement adopted by the Joint Follow-Up Group under the procedure laid down in Article 10 of the Agreement.

The Commission shall be assisted in carrying out this task by a special committee appointed by the Council with instructions to establish a common position.

3.   The authorisation referred to in paragraph 2 shall be limited to those substances which are already covered by the relevant Community legislation on drug precursors.

Article 3

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

Article 4

The President of the Council shall carry out the notification provided for in Article 12 of the Agreement on behalf of the Community (1).

Article 5

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

Done at Brussels, 27 November 2008.

For the Council

The President

L. CHATEL

---

(1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

1

Official Journal of the European Union

---

AGREEMENT

between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

on the one part, and

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA,

hereinafter referred to as ‘the Chinese Government’,

on the other part,

hereinafter referred to as the ‘the Parties’,

WITHIN THE FRAMEWORK of the United Nations Convention of 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed on 20 December 1988 in Vienna, hereinafter referred to as the ‘1988 Convention’ and in accordance with legal provision in force in the People’s Republic of China and in the Member States of the Community;

DETERMINED to prevent and to combat the illicit manufacture of narcotic drugs and psychotropic substances by preventing the diversion of drug precursors and substances frequently used for such purposes (hereinafter referred to as drug precursors);

ACKNOWLEDGING Article 12 of the 1988 Convention;

CONVINCED that international trade may be used for the diversion of drug precursors, and that it is necessary to conclude and implement agreements between the regions concerned, establishing wide cooperation and, in particular linking export and import controls;

RECOGNISING that drug precursors are also mainly and widely used for legitimate purposes and that international trade must not be hindered by excessive monitoring procedures;

HAVE DECIDED to conclude an Agreement on the prevention of diversion of drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of the Agreement

1.   This Agreement sets out measures to strengthen administrative cooperation between the Parties to prevent the diversion of drug precursors and substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances, without prejudice to the normal activities of trade and the due recognition of the legitimate interests of industry.

2.   For this purpose, the Parties shall assist each other, as set out in this Agreement, in particular by:

| — | monitoring the trade between them in the drug precursors referred to in paragraph 3, with the aim of preventing their diversion to illicit purposes, |
| --- | --- |

—

monitoring the trade between them in the drug precursors referred to in paragraph 3, with the aim of preventing their diversion to illicit purposes,

| — | providing mutual administrative assistance ensuring that their respective drug precursors trade control legislation is correctly applied. |
| --- | --- |

—

providing mutual administrative assistance ensuring that their respective drug precursors trade control legislation is correctly applied.

3.   Without prejudice to possible amendments which might be made pursuant to Article 10, this Agreement applies to the substances listed in the Annexes to this Agreement.

Article 2

Trade monitoring

1.   The Parties shall consult and inform each other on their own initiative whenever they have reasonable grounds to believe that drug precursors may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances, in particular when an import or export shipment occurs in unusual quantities or under unusual circumstances.

2.   With regard to the drug precursors listed in Annex A to this Agreement, the competent authority of the exporting Party shall forward a pre-export notification to the competent authority of the importing Party. The reply in writing by the importing Party shall be provided within 15 working days after the receipt of the message from the exporting Party. The absence of a reply within this period shall be considered equivalent to a non-objection to sending the shipment. An objection shall be notified in writing to the exporting Party within this period, giving the reasons for refusal.

3.   With regard to the drug precursors listed in Annex B to this Agreement, the competent authority of the exporting Party shall determine whether to conduct international checks according to its domestic legislation.

4.   The Parties undertake to reply in writing as soon as possible, in respect of any information provided or measure requested under this Article.

Article 3

Suspension of shipment

1.   Without prejudice to any possible implementation of technical enforcement measures, shipments shall be suspended if, in the opinion of either Party, there are reasonable grounds to believe that drug precursors may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances, or where, in the cases described in Article 2(2), the importing Party requests in writing the suspension, and where appropriate, provides documents of evidence and ensuring measures to be taken within five working days.

2.   The Parties shall cooperate in supplying each other with any information relating to suspected diversion operations if based upon a request for mutual administrative assistance.

Article 4

Mutual administrative assistance

1.   The Parties shall provide each other upon request for mutual administrative assistance with any information to prevent the diversion of drug precursors to the illicit manufacture of narcotic drugs or psychotropic substances and shall investigate cases of suspected diversion. Where necessary they shall adopt appropriate precautionary measures to prevent diversion.

2.   Any request for information or precautionary measures shall be complied with in time.

3.   Requests for administrative assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.

4.   Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present at the inquiries carried out in the territory of the other Party.

5.   The Parties shall assist each other to facilitate the provision of evidence if based upon a request for mutual administrative assistance.

6.   Administrative assistance provided under this Article shall not prejudice the rules governing mutual assistance in criminal matters, nor shall it apply to information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

7.   One Party may, on a case-by-case basis and through consultation, provide, on request by the other Party, information in respect of substances which are frequently used in the illicit manufacture of narcotic drugs or psychotropic substances but which are not included in the scope of this Agreement.

Article 5

Information exchange and confidentiality

1.   Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties and shall be covered by the obligation of official secrecy.

2.   Personal data may be exchanged only where the Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Party that may supply it. To this end, Parties communicate each other information on their applicable rules, including legal provisions in force in the Member States of the Community.

3.   Information obtained under this Agreement shall be used solely for the purposes of this Agreement. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

4.   The use in proceedings instituted for failure to comply with legislation on drug precursors referred to in Article 3, of information obtained under this Agreement, is considered to be solely for the purposes of this Agreement. Therefore, the Parties may in proceedings use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The use of evidence is subject to the prior permission of the competent authority which supplied that information or gave access to those documents.

Article 6

Exceptions to the obligation to provide assistance

1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would:

| (a) | be likely to prejudice the sovereignty of the People’s Republic of China or that of a Member State of the Community which has been requested to provide assistance under this Agreement; or |
| --- | --- |

(a)

be likely to prejudice the sovereignty of the People’s Republic of China or that of a Member State of the Community which has been requested to provide assistance under this Agreement; or

| (b) | be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 5(2); or |
| --- | --- |

(b)

be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 5(2); or

| (c) | violate an industrial, commercial or professional secret. |
| --- | --- |

(c)

violate an industrial, commercial or professional secret.

2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

4.   For the cases referred to in this Article, the decision of the requested authority and the reasons therefore must be communicated to the applicant authority as promptly as possible.

Article 7

Technical and scientific cooperation

The Parties shall cooperate in the identification of new diversion methods as well as appropriate countermeasures, including technical cooperation and in particular, training and exchange programmes for the officials concerned, to strengthen administrative and enforcement structures in this field and to promote cooperation with trade and industry.

Article 8

Implementation measures

1.   The Chinese side, the European Commission and each Member State of the Community shall appoint respectively a competent authority to coordinate the implementation of this Agreement. These authorities shall communicate directly with one another for the purposes of this Agreement.

2.   The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement.

Article 9

Joint Follow-Up Group

1.   A Joint Follow-Up Group is hereby established, hereinafter referred to as ‘the Joint Follow-Up Group’, in which the Parties shall be represented.

2.   The Joint Follow-Up Group shall act by mutual agreement.

3.   If necessary, the Joint Follow-Up Group shall meet, with the date, place and programme being fixed by mutual agreement.

Extraordinary meetings of the Joint Follow-Up Group may be convened by mutual agreement of the Parties.

Article 10

Role of the Joint Follow-Up Group

1.   The Joint Follow-Up Group shall administer this Agreement and ensure its proper implementation. For this purpose:

| — | it shall be informed by the Parties of their experience in applying this Agreement, |
| --- | --- |

—

it shall be informed by the Parties of their experience in applying this Agreement,

| — | in cases provided for in paragraph 2, it shall take decisions, |
| --- | --- |

—

in cases provided for in paragraph 2, it shall take decisions,

| — | it shall study and develop technical cooperation measures, |
| --- | --- |

—

it shall study and develop technical cooperation measures,

| — | it shall study and develop other possible forms of cooperation. |
| --- | --- |

—

it shall study and develop other possible forms of cooperation.

2.   The Joint Follow-Up Group may adopt by mutual consent decisions to amend Annexes A and B. Such decisions shall be implemented by the Parties in accordance with their own legislation.

3.   The Joint Follow-Up Group may recommend to the Parties:

| (a) | other amendments to this Agreement; |
| --- | --- |

(a)

other amendments to this Agreement;

| (b) | measures required for the application of this Agreement. |
| --- | --- |

(b)

measures required for the application of this Agreement.

Article 11

Other obligations imposed under other agreements

1.   Taking into account the respective competencies of the Community and its Member States, the provisions of this Agreement shall:

| — | not affect the obligations of the Parties under any other international agreement or convention, |
| --- | --- |

—

not affect the obligations of the Parties under any other international agreement or convention,

| — | not affect the communication between the competent services of the European Commission and the relevant services of the Member States of the Community of any information obtained under this Agreement which could be of interest to the Community. |
| --- | --- |

—

not affect the communication between the competent services of the European Commission and the relevant services of the Member States of the Community of any information obtained under this Agreement which could be of interest to the Community.

2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on drug precursors and other substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances which have been or may be concluded between individual Member States and the People’s Republic of China insofar as the provisions of the latter are incompatible with those of this Agreement.

3.   In respect of questions relating to the applicability of this Agreement, the Parties shall consult each other to resolve the matter in the framework of the Joint Follow-Up Group.

4.   The Parties shall also notify each other of any measures on controlled substances taken with other countries.

Article 12

Entry into force

Each Party shall give written notification that it has completed its internal legal procedures for the entry into force of this Agreement to the other Party. This Agreement shall enter into force 60 days from the date on which the last written notification is received.

Article 13

Duration and denunciation

1.   This Agreement shall be concluded for five years and, unless a Party notifies in writing the other Party of its intention to terminate the Agreement at least six months before the expiration of that period, it will be tacitly renewable for successive periods of five years.

2.   This Agreement may be amended by mutual consent of the Parties.

Done in duplicate in the Bulgarian, Czech, Danish, Dutch, Estonian, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Chinese languages, all these texts being equally authentic. In case there is any divergence of interpretation of this Agreement, the English and the Chinese texts shall be determinative.

Съставено в Брюксел на тридесети януари две хиляди и девета година.

Hecho en Bruselas, el treinta de enero de dos mil nueve.

V Bruselu dne třicátého ledna dva tisíce devět.

Udfærdiget i Bruxelles den tredivte januar to tusind og ni.

Geschehen zu Brüssel am dreißigsten Januar zweitausendneun

Kahe tuhande üheksanda aasta jaanuarikuu kolmekümnendal päeval Brüsselis.

Εγινε στις Βρυξέλλες, στις τριάντα Ιανουαρίου δύο χιλιάδες εννιά.

Done at Brussels on the thirtieth day of January in the year two thousand and nine.

Fait à Bruxelles, le trente janvier deux mille neuf.

Fatto a Bruxelles, addì trenta gennaio duemilanove.

Briselē, divtūkstoš devītā gada trīsdesmitajā janvārī.

Priimta du tūkstančiai devintų metų sausio trisdešimtą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-kilencedik év január harmincadik napján.

Magħmul fi Brussell, fit-tletin jum ta’ Jannar tas-sena elfejn u disgħa.

Gedaan te Brussel, de dertigste januari tweeduizend negen.

Sporządzono w Brukseli, dnia trzydziestego stycznia roku dwa tysiące dziewiątego.

Feito em Bruxelas, em trinta de Janeiro de dois mil e nove.

Încheiat la Bruxelles, la treizeci ianuarie două mii nouă.

V Bruseli tridsiateho januára dvetisícdeväť.

V Bruslju, dne tridesetega januarja leta dva tisoč devet.

Tehty Brysselissä kolmantenakymmenentenä päivänä tammikuuta vuonna kaksituhattayhdeksän.

Som skedde i Bryssel den trettionde januari tjugohundranio.

Image 1

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunitá Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapen

Image 2

Image 3

Image 4

От името на правителството на Киtайската народна република

Por el Gobierno de la República Popular China

Za vládu Čínské lidové republiky

For Folkerepublikken Kinas regering

Im Namen der Regierung der Volksrepublik China

Hiina Rahvavabariigi valitsuse nimel

Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Κίνας

For the Government of the People’s Republic of China

Pour le gouvernement de la République populaire de Chine

Per il governo della Repubblica popolare cinese

Ķīnas Tautas Republikas vārdā

Kinijos Liaudies Respublikos Vyriausybės vardu

A Kínai Népköztársaság kormánya részéről

Għall-Gvern tar-Repubblika Popolari taċ-Ċina

Voor de Regering van de Volksrepubliek China

W imieniu rządu Chińskiej Republiki Ludowej

Pelo Governo da República Popular da China

Pentru Guvernul Republicii Populare Chineze

Za vládu Čínskej ľudovej republiky

Za Vlado Ljudske republike Kitajske

Kiinan kansantasavallan hallituksen puolesta

På Folkrepubliken Kinas regering vägnar

Image 5

Image 6

ANNEX A

Substances subject to the measures referred to in Article 2(2)

N-Acetylanthranilic Acid

Acetic Anhydride

Anthranilic Acid

Ephedrine

Ephedra extract

Ergometrine

Ergotamine

Isosafrole

Lysergic Acid

3,4-Methylenedioxyphenyl-2-propanone

Norephedrine

Phenylacetic Acid

1-Phenyl-2-propanone

Piperonal

Potassium Permanganate

Pseudoephedrine

Safrole

Safrole rich oils

Note: The list of substances must always include a reference to their salts, where appropriate.

ANNEX B

Substances subject to the measures referred to in Article 2(3)

Acetone

Ethyl Ether

Hydrochloric Acid

Methyl Ethyl Ketone

Piperidine

Sulphuric Acid

Toluene

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| 28.2.2009 | EN | Official Journal of the European Union | L 56/15 |
| --- | --- | --- | --- |

28.2.2009

EN

Official Journal of the European Union

L 56/15

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COUNCIL DECISION

of 26 February 2009

amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies

(2009/167/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 laying down rules governing Europol’s external relations with third States and non-European Union related bodies (2), and in particular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,

Whereas:

| (1) | On 27 March 2000 the Council adopted the Decision authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies (5). |
| --- | --- |

(1)

On 27 March 2000 the Council adopted the Decision authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies (5).

| (2) | There are operational interests that require that India be added to the list of third States with which the Director of Europol is authorised to start negotiations. |
| --- | --- |

(2)

There are operational interests that require that India be added to the list of third States with which the Director of Europol is authorised to start negotiations.

| (3) | The Decision of 27 March 2000 should therefore be amended accordingly, |
| --- | --- |

(3)

The Decision of 27 March 2000 should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The Decision of 27 March 2000 is hereby amended as follows:

In Article 2(1), under the heading ‘Third States’, the following State shall be added to the alphabetical list:

| ‘— | India’. |
| --- | --- |

‘—

India’.

Article 2

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

Article 3

This Decision shall enter into force on the day following that of its adoption.

Done at Brussels, 26 February 2009.

For the Council

The President

I. LANGER

---

(1)  
  OJ C 316, 27.11.1995, p. 2.

1

(2)  
  OJ C 26, 30.1.1999, p. 19.

2

(3)  
  OJ C 26, 30.1.1999, p. 17.

3

(4)  
  OJ C 88, 30.3.1999, p. 1.

4

(5)  
  OJ C 106, 13.4.2000, p. 1.

5

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| 28.2.2009 | EN | Official Journal of the European Union | L 56/16 |
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28.2.2009

EN

Official Journal of the European Union

L 56/16

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COUNCIL DECISION

of 26 February 2009

appointing a German member of the European Economic and Social Committee

(2009/168/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2006/524/EC, Euratom of 11 July 2006 appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourgish, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee (1),

Having regard to the proposal of the German Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Erhard OTT,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Armin DUTTINÉ, Ver.di-Bundesvorstand — Leiter EU Verbindungsbüro, is hereby appointed to the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.

Article 2

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

Done at Brussels, 26 February 2009.

For the Council

The President

I. LANGER

---

(1)  
  OJ L 207, 28.7.2006, p. 30.

1

---

Conference of the Representatives of the Governments of the Member States

| 28.2.2009 | EN | Official Journal of the European Union | L 56/17 |
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28.2.2009

EN

Official Journal of the European Union

L 56/17

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DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 25 February 2009

appointing a Judge to the Court of First Instance of the European Communities

(2009/169/EC, Euratom)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,

Whereas:

Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Ms Virpi TIILI, a Judge should be appointed to the Court of First Instance of the European Communities for the remainder of the term of office of Ms Virpi TIILI, which runs until 31 August 2010,

HAVE DECIDED AS FOLLOWS:

Article 1

Mr Heikki KANNINEN is hereby appointed Judge to the Court of First Instance of the European Communities for the period from 1 September 2009 to 31 August 2010.

Article 2

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

Done at Brussels, 25 February 2009.

The President

M. VICENOVÁ

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Corrigenda

| 28.2.2009 | EN | Official Journal of the European Union | L 56/18 |
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28.2.2009

EN

Official Journal of the European Union

L 56/18

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Corrigendum to Directive 1999/41/EC of the European Parliament and of the Council of 7 June 1999 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses

(
  Official Journal of the European Communities L 172 of 8 July 1999
  )

On page 39, first paragraph of Article 2, first sentence:

for:

‘Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 8 July 1999.’,

read:

‘Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 8 July 2000.’

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28.2.2009

| 28.2.2009 | EN | Official Journal of the European Union | L 56/s3 |
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EN

Official Journal of the European Union

L 56/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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