# Official Journal L 222/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 222 |
| | |
| English edition | Legislation | Volume 5028 August 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 222

English edition

Legislation

Volume 5028 August 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 991/2007 of 27 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 992/2007 of 27 August 2007 opening a tendering procedure for the sale of wine alcohol for use as bioethanol in the Community | 3 |
| | * | Commission Regulation (EC) No 993/2007 of 27 August 2007 amending and correcting Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials | 10 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 991/2007 of 27 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 992/2007 of 27 August 2007 opening a tendering procedure for the sale of wine alcohol for use as bioethanol in the Community

3

*

Commission Regulation (EC) No 993/2007 of 27 August 2007 amending and correcting Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials

10

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2007/590/EC |
| | * | Commission Decision of 27 August 2007 on introducing preventive vaccination against highly pathogenic avian influenza and related provisions for movements in the Netherlands
  (notified under document number C(2007) 3977) | 16 |
| | | 2007/591/EC |
| | * | Commission Decision of 27 August 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany
  (notified under document number C(2007) 4070)

   (
  1
  ) | 21 |

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

DECISIONS

Commission

2007/590/EC

*

Commission Decision of 27 August 2007 on introducing preventive vaccination against highly pathogenic avian influenza and related provisions for movements in the Netherlands
  (notified under document number C(2007) 3977)

(notified under document number C(2007) 3977)

16

2007/591/EC

*

Commission Decision of 27 August 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany
  (notified under document number C(2007) 4070)

   (
  1
  )

(notified under document number C(2007) 4070)

1

21

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 964/2007 of 14 August 2007 laying down detailed rules for the opening and administration of the tariff quotas for rice originating in the least developed countries for the marketing years 2007/2008 and 2008/2009 ( OJ L 213, 15.8.2007 ) | 23 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 964/2007 of 14 August 2007 laying down detailed rules for the opening and administration of the tariff quotas for rice originating in the least developed countries for the marketing years 2007/2008 and 2008/2009 ( OJ L 213, 15.8.2007 )

23

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

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

REGULATIONS

| 28.8.2007 | EN | Official Journal of the European Union | L 222/1 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/1

---

COMMISSION REGULATION (EC) No 991/2007

of 27 August 2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 28 August 2007.

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

Done at Brussels, 27 August 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 27 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 55,1 |
| TR | 67,0 |
| XS | 32,3 |
| ZZ | 51,5 |
| 0707 00 05 | TR | 106,2 |
| ZZ | 106,2 |
| 0709 90 70 | TR | 83,4 |
| ZZ | 83,4 |
| 0805 50 10 | AR | 61,6 |
| UY | 60,6 |
| ZA | 72,2 |
| ZZ | 64,8 |
| 0806 10 10 | EG | 236,6 |
| TR | 92,5 |
| ZZ | 164,6 |
| 0808 10 80 | AR | 81,2 |
| BR | 88,2 |
| CL | 78,3 |
| CN | 89,9 |
| NZ | 99,3 |
| US | 99,4 |
| ZA | 100,8 |
| ZZ | 91,0 |
| 0808 20 50 | AR | 44,9 |
| TR | 125,4 |
| ZA | 145,5 |
| ZZ | 105,3 |
| 0809 30 10 , 0809 30 90 | TR | 138,5 |
| ZZ | 138,5 |
| 0809 40 05 | BA | 41,3 |
| TR | 78,6 |
| ZZ | 60,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

55,1

TR

67,0

XS

32,3

ZZ

51,5

0707 00 05

TR

106,2

ZZ

106,2

0709 90 70

TR

83,4

ZZ

83,4

0805 50 10

AR

61,6

UY

60,6

ZA

72,2

ZZ

64,8

0806 10 10

EG

236,6

TR

92,5

ZZ

164,6

0808 10 80

AR

81,2

BR

88,2

CL

78,3

CN

89,9

NZ

99,3

US

99,4

ZA

100,8

ZZ

91,0

0808 20 50

AR

44,9

TR

125,4

ZA

145,5

ZZ

105,3

0809 30 10 , 0809 30 90

TR

138,5

ZZ

138,5

0809 40 05

BA

41,3

TR

78,6

ZZ

60,0

---

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

---

| 28.8.2007 | EN | Official Journal of the European Union | L 222/3 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/3

---

COMMISSION REGULATION (EC) No 992/2007

of 27 August 2007

opening a tendering procedure for the sale of wine alcohol for use as bioethanol in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2), lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation under Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3) and referred to in Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies. |
| --- | --- |

(1)

Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2), lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation under Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3) and referred to in Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies.

| (2) | A tendering procedure for the sale of wine alcohol for exclusive use as bioethanol in the fuel sector in the Community should be organised in accordance with Article 92 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and ensuring the continuity of supplies to firms approved under that Article. |
| --- | --- |

(2)

A tendering procedure for the sale of wine alcohol for exclusive use as bioethanol in the fuel sector in the Community should be organised in accordance with Article 92 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and ensuring the continuity of supplies to firms approved under that Article.

| (3) | Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agri-monetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro. |
| --- | --- |

(3)

Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agri-monetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   Tendering procedure No 11/2007 EC is hereby opened for the sale of wine alcohol for use as bioethanol in the Community.

The alcohol concerned has been produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the intervention agencies of the Member States.

2.   The total volume put up for sale is 693 375,74 hectolitres of alcohol at 100 % vol., broken down as follows:

| (a) | one lot with the number 123/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(a)

one lot with the number 123/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (b) | one lot with the number 124/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(b)

one lot with the number 124/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (c) | one lot with the number 125/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(c)

one lot with the number 125/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (d) | one lot with the number 126/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(d)

one lot with the number 126/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (e) | one lot with the number 127/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(e)

one lot with the number 127/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (f) | one lot with the number 128/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(f)

one lot with the number 128/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (g) | one lot with the number 129/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(g)

one lot with the number 129/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (h) | one lot with the number 130/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(h)

one lot with the number 130/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (i) | one lot with the number 131/2007 EC for a quantity of 39 995 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(i)

one lot with the number 131/2007 EC for a quantity of 39 995 hectolitres of alcohol at 100 % vol.;

| (j) | one lot with the number 132/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(j)

one lot with the number 132/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (k) | one lot with the number 133/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(k)

one lot with the number 133/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (l) | one lot with the number 134/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(l)

one lot with the number 134/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (m) | one lot with the number 135/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.; |
| --- | --- |

(m)

one lot with the number 135/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;

| (n) | one lot with the number 136/2007 EC for a quantity of 53 380,74 hectolitres of alcohol at 100 % vol. |
| --- | --- |

(n)

one lot with the number 136/2007 EC for a quantity of 53 380,74 hectolitres of alcohol at 100 % vol.

3.   The location and references of the vats making up the lots, the quantity of alcohol in each vat, the alcoholic strength and the characteristics of the alcohol are as set out in Annex I to this Regulation.

4.   Only firms approved under Article 92 of Regulation (EC) No 1623/2000 may take part in the tendering procedure.

Article 2

The sale shall be conducted in accordance with Articles 93, 94, 94b, 94c, 94d, 95, 96, 97, 98, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.

Article 3

1.   Tenders shall be delivered to the intervention agencies holding the alcohol listed in Annex II or sent by registered mail to the address of the intervention agency.

2.   Tenders shall be placed in a sealed double envelope, the inside envelope marked ‘Tender under procedure No 11/2007 EC for use as bioethanol in the Community’, the outer envelope bearing the address of the intervention agency concerned.

3.   Tenders must reach the intervention agency concerned not later than 12.00 noon (Brussels time) on 10/9/2007.

Article 4

1.   To be eligible for consideration, tenders must comply with Articles 94 and 97 of Regulation (EC) No 1623/2000.

2.   To be eligible for consideration, when they are presented, tenders must be accompanied by:

| (a) | proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol. has been lodged with the intervention agency holding the alcohol concerned; |
| --- | --- |

(a)

proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol. has been lodged with the intervention agency holding the alcohol concerned;

| (b) | the name and address of the tenderer, the reference number of the notice of invitation to tender and the price proposed, expressed in euro per hectolitre of alcohol at 100 % vol.; |
| --- | --- |

(b)

the name and address of the tenderer, the reference number of the notice of invitation to tender and the price proposed, expressed in euro per hectolitre of alcohol at 100 % vol.;

| (c) | an undertaking by tenderers that they will comply with all the rules applicable to this tendering procedure; |
| --- | --- |

(c)

an undertaking by tenderers that they will comply with all the rules applicable to this tendering procedure;

| (d) | a statement by tenderers to the effect that:






  (i) | they waive all claims in respect of the quality and characteristics of any alcohol awarded to them; |
| --- | --- | --- |

(d)

a statement by tenderers to the effect that:

(i)

they waive all claims in respect of the quality and characteristics of any alcohol awarded to them;

| (ii) | they agree to submit to any checks made on the destination and use made of the alcohol; |
| --- | --- |

(ii)

they agree to submit to any checks made on the destination and use made of the alcohol;

| (iii) | they accept that it is their responsibility to provide evidence that the alcohol is used as specified in the notice of invitation to tender in question. |
| --- | --- |

(iii)

they accept that it is their responsibility to provide evidence that the alcohol is used as specified in the notice of invitation to tender in question.

Article 5

The notifications provided for in Article 94a of Regulation (EC) No 1623/2000 relating to the tendering procedure opened by this Regulation shall be sent to the Commission at the address given in Annex III to this Regulation.

Article 6

The formalities for sampling shall be as set out in Article 98 of Regulation (EC) No 1623/2000.

The intervention agency shall provide all the necessary information on the characteristics of the alcohol put up for sale.

On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale, taken by a representative of the intervention agency concerned.

Article 7

1.   The intervention agencies in the Member States in which the alcohol put up for sale is stored shall carry out appropriate checks to verify the nature of the alcohol at the time of end-use. To that end, they may:

| (a) | apply Article 102 of Regulation (EC) No 1623/2000 mutatis mutandis; |
| --- | --- |

(a)

apply Article 102 of Regulation (EC) No 1623/2000 mutatis mutandis;

| (b) | carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use. |
| --- | --- |

(b)

carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use.

2.   The costs of the checks referred to in paragraph 1 shall be borne by the firms to which the alcohol is sold.

Article 8

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

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

Done at Brussels, 27 August 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 897/2007 (OJ L 196, 28.7.2007, p. 20).

2

(3)  
  OJ L 84, 27.3.1987, p. 1. Regulation repealed by Regulation (EC) No 1493/1999.

3

(4)  
  OJ L 349, 24.12.1998, p. 1.

4

---

ANNEX I

| Member State and lot number | Location | Vat No | Quantity in hectolitres of alcohol at 100 % vol. | Regulation (EC) No 1493/1999
  (Article) | Type of alcohol |
| --- | --- | --- | --- | --- | --- |
| Spain
  Lot No 123/2007 EC | Tarancón | B-4 | 17 271 | 27 | raw |
| B-5 | 8 667 | 27 | raw |
| B-6 | 24 062 | 27 | raw |
| | Total | | 50 000 | | |
| Spain
  Lot No 124/2007 EC | Tarancón | A-5 | 24 837 | 27 | raw |
| A-9 | 9 594 | 27 | raw |
| B-4 | 7 569 | 27 | raw |
| B-5 | 8 000 | 27 | raw |
| | Total | | 50 000 | | |
| Spain
  Lot No 125/2007 EC | Tarancón | A-9 | 14 771 | 27 | raw |
| A-10 | 24 457 | 27 | raw |
| B-5 | 8 000 | 27 | raw |
| B-1 | 2 772 | 27 | raw |
| | Total | | 50 000 | | |
| Spain
  Lot No 126/2007 EC | Tarancón | A-6 | 24 823 | 30 | raw |
| C-7 | 24 883 | 30 | raw |
| C-8 | 294 | 30 | raw |
| | Total | | 50 000 | | |
| France
  Lot No 127/2007 EC | Viniflhor — Longuefuye |
| Mme Bretaudeau |
| F-53200 Longuefuye |

Member State and lot number

Location

Vat No

Quantity in hectolitres of alcohol at 100 % vol.

Regulation (EC) No 1493/1999

(Article)

Type of alcohol

Spain

Lot No 123/2007 EC

Tarancón

B-4

17 271

27

raw

B-5

8 667

27

raw

B-6

24 062

27

raw

Total

50 000

Spain

Lot No 124/2007 EC

Tarancón

A-5

24 837

27

raw

A-9

9 594

27

raw

B-4

7 569

27

raw

B-5

8 000

27

raw

Total

50 000

Spain

Lot No 125/2007 EC

Tarancón

A-9

14 771

27

raw

A-10

24 457

27

raw

B-5

8 000

27

raw

B-1

2 772

27

raw

Total

50 000

Spain

Lot No 126/2007 EC

Tarancón

A-6

24 823

30

raw

C-7

24 883

30

raw

C-8

294

30

raw

Total

50 000

France

Lot No 127/2007 EC

Viniflhor — Longuefuye

Mme Bretaudeau

F-53200 Longuefuye

4

22 550

27

raw

5

6 385

27

raw

21

4 645

28

raw

5BIS

16 420

28

raw

Total

50 000

France

Lot No 128/2007 EC

| Viniflhor — Longuefuye |
| --- |
| Mme Bretaudeau |
| F-53200 Longuefuye |

Viniflhor — Longuefuye

Mme Bretaudeau

F-53200 Longuefuye

6

22 915

27

raw

22

4 600

27

raw

9

22 485

27

raw

Total

50 000

France

Lot No 129/2007 EC

| Viniflhor — Port-la-Nouvelle |
| --- |
| M. Mortefon |
| Entrepôt d’alcool |
| Avenue Adolphe-Turrel |
| BP 62 |
| F-11210 Port-la-Nouvelle |

Viniflhor — Port-la-Nouvelle

M. Mortefon

Entrepôt d’alcool

Avenue Adolphe-Turrel

BP 62

F-11210 Port-la-Nouvelle

2

25 715

27

raw

23

1 870

30

raw

2B

13 345

30

raw

2B

7 990

30

raw

2B

1 080

28

raw

Total

50 000

France

Lot No 130/2007 EC

| Viniflhor — Port-la-Nouvelle |
| --- |
| M. Mortefon |
| Entrepôt d’alcool |
| Avenue Adolphe-Turrel |
| BP 62 |
| F-11210 Port-la-Nouvelle |

Viniflhor — Port-la-Nouvelle

M. Mortefon

Entrepôt d’alcool

Avenue Adolphe-Turrel

BP 62

F-11210 Port-la-Nouvelle

7

11 710

27

raw

5B

2 360

28

raw

7B

640

28

raw

7B

2 200

30

raw

23B

1 895

27

raw

7B

7 790

30

raw

5B

2 645

30

raw

5B

1 525

30

raw

23

3 985

30

raw

5

15 250

27

raw

Total

50 000

France

Lot No 131/2007 EC

| DEULEP — PSL |
| --- |
| F-13230 Port-Saint-Louis-du-Rhône |

DEULEP — PSL

F-13230 Port-Saint-Louis-du-Rhône

B2

39 995

27

raw

Total

39 995

Italy

Lot No 132/2007 EC

Cipriani — Chizzola d'Ala (TN)

27a-21a-25a

6 500

27

raw

Dister — Faenza (RA)

127a

4 700

27

raw

I.C.V. — Borgoricco (PD)

6a

2 200

27

raw

Mazzari — S. Agata sul Santerno (RA)

4a-15a

27 800

30

raw

Tampieri — Faenza (RA)

6a-7a-16a

1 500

27

raw

Villapana — Faenza (RA)

4a-2a-10a

7 300

27

raw

Total

50 000

Italy

Lot No 133/2007 EC

Bonollo — Paduni (FR)

35a-37a-39a

9 900

27/30

raw

D'Auria — Ortona (CH)

22a-62a-76a-66a-80a-81a

10 900

27

raw

Di Lorenzo-Ponte Valleceppi (PG) — Pontenuovo di Torgiano (PG)

19a-5b-6b-7b

19 000

27/30

raw

S.V.A. — Ortona (CH)

19a

1 900

30

raw

Balice S.n.c. — Valenzano (BA)

1a-13a-14a-15a-16a-45a

8 300

27

raw

Total

50 000

Italy

Lot No 134/2007 EC

Bonollo — Paduni (FR)

35a-37a-39a

24 800

27/30

raw

Caviro — Faenza (RA)

15a-6a-8a-5a

22 800

27

raw

Deta — Barberino Val d'Elsa (FI)

7a

2 400

27

raw

Total

50 000

Italy

Lot No 135/2007 EC

De Luca — Novoli (LE)

1a-8a-9a

3 400

27

raw

Bertolino — Partinico (PA)

24a-27a

25 000

30

raw

Balice Distill. — San Basilio Mottola (TA)

4a

3 400

27

raw

S.V.M. — Sciacca (AG)

2a-3a-4a-8a-21a-30a-35a-36a-37

4 200

27/30

raw

GE.DIS. — Marsala (TP)

14b

12 000

30

raw

Trapas — Petrosino (TP)

7a

2 000

27

raw

Total

50 000

Greece

Lot No 136/2007 EC

Οινοποιητικός Συνεταιρισμός Μεσσηνίας

Πύργος Τριφυλίας

(Oinopoiitikos Sinetairismos Messinias)

76

454,96

30

raw

77

432,94

30

raw

85

1 782,89

30

raw

86

1 684,51

30

raw

87

1 756,59

30

raw

88

1 753,86

30

raw

95

873,44

30

raw

75

444,79

30

raw

28

904,89

30

raw

80

463,46

30

raw

73

387,14

30

raw

78

27,72

30

raw

15

1 747,04

30

raw

16

1 713,67

30

raw

26

853,18

30

raw

74

427,35

30

raw

17

1 743,76

30

raw

94

887,65

30

raw

84

1 786,52

30

raw

79

439,47

30

raw

93

908,63

30

raw

83

1 795,78

30

raw

82

1 758,86

30

raw

12

1 800,87

30

raw

11

1 744,16

30

raw

18

1 707,83

30

raw

13

1 788,73

30

raw

96

827,49

30

raw

81

1 805,07

30

raw

14

1 800,04

30

raw

97

915,07

30

raw

92

908,96

30

raw

99

911,94

30

raw

25

905,06

30

raw

108

432,18

30

raw

107

432,77

30

raw

105

448,22

30

raw

106

441,22

30

raw

27

897,73

30

raw

29

579,19

30

raw

30

667,69

30

raw

19

901,65

27

raw

20

892,07

27

raw

21

900,28

27

raw

22

899,54

27

raw

23

882,32

27

raw

24

653,58

27

raw

89

847,09

27

raw

90

880,83

27

raw

91

856,22

27

raw

98

878,23

27

raw

100

745,61

27

raw

Total

53 380,74

---

ANNEX II

Intervention agencies holding the alcohol referred to in Article 3

| Viniflhor — Libourne | Délégation nationale, 17 avenue de la Ballastière, BP 231, F-33505 Libourne Cedex (Tél. (33-5) 57 55 20 00; télex 57 20 25; fax (33) 557 55 20 59) |
| --- | --- |
| FEGA | Beneficencia, 8, E-28004 Madrid (Tél. (34-91) 347 64 66; fax (34-91) 347 64 65) |
| AGEA | Via Torino, 45, I-00184 Rome (Tél. (39) 06 49 49 97 14; fax (39) 06 49 49 97 61) |
| Ο.Π.Ε.Κ.Ε.Π.Ε. | Αχαρνών (Aharnon) 241, 10446 Athènes, Grèce (Tél. (30-210) 212 47 99; fax (30-210) 212 47 91) |

Viniflhor — Libourne

Délégation nationale, 17 avenue de la Ballastière, BP 231, F-33505 Libourne Cedex (Tél. (33-5) 57 55 20 00; télex 57 20 25; fax (33) 557 55 20 59)

FEGA

Beneficencia, 8, E-28004 Madrid (Tél. (34-91) 347 64 66; fax (34-91) 347 64 65)

AGEA

Via Torino, 45, I-00184 Rome (Tél. (39) 06 49 49 97 14; fax (39) 06 49 49 97 61)

Ο.Π.Ε.Κ.Ε.Π.Ε.

Αχαρνών (Aharnon) 241, 10446 Athènes, Grèce (Tél. (30-210) 212 47 99; fax (30-210) 212 47 91)

---

ANNEX III

Address referred to in Article 5

| European Commission |
| --- |
| Directorate-General for Agriculture and Rural Development, Unit D-2 |
| B-1049 Brussels |
| Fax (32-2) 292 17 75 |
| E-mail: agri-market-tenders@ec.europa.eu |

European Commission

Directorate-General for Agriculture and Rural Development, Unit D-2

B-1049 Brussels

Fax (32-2) 292 17 75

E-mail: agri-market-tenders@ec.europa.eu

---

| 28.8.2007 | EN | Official Journal of the European Union | L 222/10 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/10

---

COMMISSION REGULATION (EC) No 993/2007

of 27 August 2007

amending and correcting Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145(c), (d), (f) and (j) thereof,

Whereas:

| (1) | Article 3(1) of Commission Regulation (EC) No 1973/2004 (2) provides that certain data about determined areas subject for aid for energy crops should be communicated to the Commission. Article 4 of Regulation (EC) No 1973/2004 provides that the coefficient of reduction of determined areas is to be fixed on the basis of the data communicated in accordance with Article 3(1) of the said Regulation. The reference to certain provisions of Article 3(1) is erroneous and should therefore be corrected. |
| --- | --- |

(1)

Article 3(1) of Commission Regulation (EC) No 1973/2004 (2) provides that certain data about determined areas subject for aid for energy crops should be communicated to the Commission. Article 4 of Regulation (EC) No 1973/2004 provides that the coefficient of reduction of determined areas is to be fixed on the basis of the data communicated in accordance with Article 3(1) of the said Regulation. The reference to certain provisions of Article 3(1) is erroneous and should therefore be corrected.

| (2) | Article 32(3) of Regulation (EC) No 1973/2004 specifies subordinate requirements for collectors and first processors. Lodging of security should also constitute a subordinate requirement for the collectors of raw material intended for use in the production of energy products. |
| --- | --- |

(2)

Article 32(3) of Regulation (EC) No 1973/2004 specifies subordinate requirements for collectors and first processors. Lodging of security should also constitute a subordinate requirement for the collectors of raw material intended for use in the production of energy products.

| (3) | In order to provide for the possibility to grow and process new crops on the holding for the purpose of energy production, it is appropriate to give Member States an option to update the list of raw materials eligible to the use of land set aside and to the aid for energy crops. |
| --- | --- |

(3)

In order to provide for the possibility to grow and process new crops on the holding for the purpose of energy production, it is appropriate to give Member States an option to update the list of raw materials eligible to the use of land set aside and to the aid for energy crops.

| (4) | It is necessary to bring clarity to the rules for the optional system of approval as well as to provisions applicable in case of trade of raw materials for energy use between Member States of which one has decided not to apply the Optional system of approval according to Article 37 of Regulation (EC) No 1973/2004. |
| --- | --- |

(4)

It is necessary to bring clarity to the rules for the optional system of approval as well as to provisions applicable in case of trade of raw materials for energy use between Member States of which one has decided not to apply the Optional system of approval according to Article 37 of Regulation (EC) No 1973/2004.

| (5) | In Article 39(3) of Regulation (EC) No 1973/2004 reference is erroneously made to Article 32(2) instead of the entire Article 32. This error should therefore be corrected. |
| --- | --- |

(5)

In Article 39(3) of Regulation (EC) No 1973/2004 reference is erroneously made to Article 32(2) instead of the entire Article 32. This error should therefore be corrected.

| (6) | Commission Regulation (EC) No 270/2007 of 13 March 2007 amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (3) amended Article 136 of Regulation (EC) No 1973/2004. Due to an error, the subsequent replacement of that Article by Commission Regulation (EC) No 381/2007 (4) did not take into account the amendment introduced by Regulation (EC) No 270/2007. Article 136 of Regulation (EC) No 1973/2004 should therefore be adapted accordingly with effect from the date of application of Regulation (EC) No 270/2007. |
| --- | --- |

(6)

Commission Regulation (EC) No 270/2007 of 13 March 2007 amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (3) amended Article 136 of Regulation (EC) No 1973/2004. Due to an error, the subsequent replacement of that Article by Commission Regulation (EC) No 381/2007 (4) did not take into account the amendment introduced by Regulation (EC) No 270/2007. Article 136 of Regulation (EC) No 1973/2004 should therefore be adapted accordingly with effect from the date of application of Regulation (EC) No 270/2007.

| (7) | Commission Regulation (EC) No 972/2007 (5) amended Article 53 of Regulation (EC) No 796/2004 (6) in order to avoid reductions of payments in case of intentional over declarations of areas when they concern very limited areas. That provision should also apply to applications for the Single Area Payment Scheme. Article 138 of Regulation (EC) No 1973/2004 should therefore be adapted accordingly. |
| --- | --- |

(7)

Commission Regulation (EC) No 972/2007 (5) amended Article 53 of Regulation (EC) No 796/2004 (6) in order to avoid reductions of payments in case of intentional over declarations of areas when they concern very limited areas. That provision should also apply to applications for the Single Area Payment Scheme. Article 138 of Regulation (EC) No 1973/2004 should therefore be adapted accordingly.

| (8) | Amendments introduced by Regulation (EC) No 270/2007 have simplified the rules for aid for energy crops laid down in Chapter 8 of Regulation (EC) No 1973/2004. It is appropriate to introduce some of the new elements into the rules for the use of land set aside for the production of raw materials as laid down in Chapter 16 of Regulation (EC) No 1973/2004. |
| --- | --- |

(8)

Amendments introduced by Regulation (EC) No 270/2007 have simplified the rules for aid for energy crops laid down in Chapter 8 of Regulation (EC) No 1973/2004. It is appropriate to introduce some of the new elements into the rules for the use of land set aside for the production of raw materials as laid down in Chapter 16 of Regulation (EC) No 1973/2004.

| (9) | For cereals and oilseeds used on the holding, the denaturation of the production is explicitly required pursuant to Article 146 of Regulation (EC) No 1973/2004. Taking into account the possible limited volume of such production and the technical difficulties for such a process, it is necessary to leave it up to the Member State to permit applicants to use defined agricultural raw materials other than those provided for providing that Member States set the appropriate control measures. This approach should also be extended to the determination of the quantities of raw materials harvested. |
| --- | --- |

(9)

For cereals and oilseeds used on the holding, the denaturation of the production is explicitly required pursuant to Article 146 of Regulation (EC) No 1973/2004. Taking into account the possible limited volume of such production and the technical difficulties for such a process, it is necessary to leave it up to the Member State to permit applicants to use defined agricultural raw materials other than those provided for providing that Member States set the appropriate control measures. This approach should also be extended to the determination of the quantities of raw materials harvested.

| (10) | It order to simplify the administration of the regime of the use of land set aside for the production of raw materials, it is sufficient to provide that a copy of the contract concluded between the applicant and the collector or the first processor is submitted only by the applicant to his competent authority. |
| --- | --- |

(10)

It order to simplify the administration of the regime of the use of land set aside for the production of raw materials, it is sufficient to provide that a copy of the contract concluded between the applicant and the collector or the first processor is submitted only by the applicant to his competent authority.

| (11) | In the case of aid for energy crops, operators are required to lodge a security with their competent authorities by the final date for the amendments to the payments applications. It is appropriate to provide the same arrangement in the rules for the use of land set aside for the production of raw materials. |
| --- | --- |

(11)

In the case of aid for energy crops, operators are required to lodge a security with their competent authorities by the final date for the amendments to the payments applications. It is appropriate to provide the same arrangement in the rules for the use of land set aside for the production of raw materials.

| (12) | The system of securities guarantees that the raw material grown on areas benefiting from the aid for land set aside delivered to collectors or first processors is finally processed into raw material not primarily intended for human or animal consumption. However, it should be allowed for the Member States to replace the system of securities by an alternative system of approval of operators designed to guarantee the same degree of effectiveness. Such authorized operators would have to comply with minimum requirements and would be sanctioned in case of non-compliance with their obligations, according to detailed national rules to be set up by the competent authorities. |
| --- | --- |

(12)

The system of securities guarantees that the raw material grown on areas benefiting from the aid for land set aside delivered to collectors or first processors is finally processed into raw material not primarily intended for human or animal consumption. However, it should be allowed for the Member States to replace the system of securities by an alternative system of approval of operators designed to guarantee the same degree of effectiveness. Such authorized operators would have to comply with minimum requirements and would be sanctioned in case of non-compliance with their obligations, according to detailed national rules to be set up by the competent authorities.

| (13) | In accordance with the third subparagraph of Article 145(3) of Regulation (EC) No 1973/2004 first processors and collectors choosing to replace the raw materials and intermediate products or by-products by their equivalent quantities are required to inform the competent authorities about it. Furthermore, according to that Article, communication between the national authorities of Member States must be ensured in case such transactions concern different Member States, so that sufficient information on such transactions for the national authorities of Member States is available. Therefore the obligation to use the T5 copy provided for in Articles 160 and 161 of that Regulation is not necessary and should be abolished. |
| --- | --- |

(13)

In accordance with the third subparagraph of Article 145(3) of Regulation (EC) No 1973/2004 first processors and collectors choosing to replace the raw materials and intermediate products or by-products by their equivalent quantities are required to inform the competent authorities about it. Furthermore, according to that Article, communication between the national authorities of Member States must be ensured in case such transactions concern different Member States, so that sufficient information on such transactions for the national authorities of Member States is available. Therefore the obligation to use the T5 copy provided for in Articles 160 and 161 of that Regulation is not necessary and should be abolished.

| (14) | In accordance with the second subparagraph of Article 143b(5) of Regulation (EC) No 1782/2003 Bulgaria and Romania requested authorisation to set the minimum size of eligible area per holding for which payments under the single area payment scheme may be requested at a level higher than 0,3 ha. This level was fixed at 1 ha for Bulgaria and Romania (7). However, in the case of Bulgaria, holdings with at least 0,5 ha of permanent crops may request payments. That level should be laid down in Annex XX to Regulation (EC) No 1973/2004. |
| --- | --- |

(14)

In accordance with the second subparagraph of Article 143b(5) of Regulation (EC) No 1782/2003 Bulgaria and Romania requested authorisation to set the minimum size of eligible area per holding for which payments under the single area payment scheme may be requested at a level higher than 0,3 ha. This level was fixed at 1 ha for Bulgaria and Romania (7). However, in the case of Bulgaria, holdings with at least 0,5 ha of permanent crops may request payments. That level should be laid down in Annex XX to Regulation (EC) No 1973/2004.

| (15) | Annex XXI to Regulation (EC) No 1973/2004 sets the agricultural area under the single area payment scheme for Hungary at 4 355 thousand hectares. However, the correct area to be taken into account following a further review in Hungary of the estimation of the agricultural area under the single area payment scheme in accordance with Article 143b(4) of Regulation (EC) No 1782/2003 amounts to 4 829 thousand hectares. That amount should be laid down in Annex XXI to Regulation (EC) No 1973/2004. |
| --- | --- |

(15)

Annex XXI to Regulation (EC) No 1973/2004 sets the agricultural area under the single area payment scheme for Hungary at 4 355 thousand hectares. However, the correct area to be taken into account following a further review in Hungary of the estimation of the agricultural area under the single area payment scheme in accordance with Article 143b(4) of Regulation (EC) No 1782/2003 amounts to 4 829 thousand hectares. That amount should be laid down in Annex XXI to Regulation (EC) No 1973/2004.

| (16) | Bulgaria and Romania have estimated their utilised agricultural area which is maintained in good agricultural condition and have proposed to adjust it in accordance with the minimum size of eligible area per holding. The referred agricultural area was fixed for Bulgaria at 3 805 638 ha and for Romania at 8 716 370 ha (8). Those amounts need to be laid down in Annex XXI to Regulation (EC) No 1973/2004. |
| --- | --- |

(16)

Bulgaria and Romania have estimated their utilised agricultural area which is maintained in good agricultural condition and have proposed to adjust it in accordance with the minimum size of eligible area per holding. The referred agricultural area was fixed for Bulgaria at 3 805 638 ha and for Romania at 8 716 370 ha (8). Those amounts need to be laid down in Annex XXI to Regulation (EC) No 1973/2004.

| (17) | Regulation (EC) No 1973/2004 should therefore be amended and corrected accordingly. |
| --- | --- |

(17)

Regulation (EC) No 1973/2004 should therefore be amended and corrected accordingly.

| (18) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
| --- | --- |

(18)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1973/2004 is amended as follows:

| 1. | in Article 4, the reference ‘Article 3(1)(b), (b)a and (c)’ is replaced by ‘Article 3(1)(b) and (c)’; |
| --- | --- |

1.

in Article 4, the reference ‘Article 3(1)(b), (b)a and (c)’ is replaced by ‘Article 3(1)(b) and (c)’;

| 2. | in Article 32, paragraph 3 is replaced by the following:

  ‘3.   The following obligations shall constitute subordinate requirements for collectors and first processors within the meaning of Article 20 of Regulation (EEC) No 2220/85:






  (a) | the obligation to take delivery of the relevant quantities of raw materials, as delivered by applicants in accordance with Article 27(3); |
| --- | --- | --- |

2.

in Article 32, paragraph 3 is replaced by the following:

‘3.   The following obligations shall constitute subordinate requirements for collectors and first processors within the meaning of Article 20 of Regulation (EEC) No 2220/85:

(a)

the obligation to take delivery of the relevant quantities of raw materials, as delivered by applicants in accordance with Article 27(3);

| (b) | the obligation to sign the declaration of delivery referred to in Article 27(2); |
| --- | --- |

(b)

the obligation to sign the declaration of delivery referred to in Article 27(2);

| (c) | the obligation, where applicable, to lodge a security within the time limit set up in Article 31(1).’; |
| --- | --- |

(c)

the obligation, where applicable, to lodge a security within the time limit set up in Article 31(1).’;

| 3. | in Article 33(1), the following subparagraph is added:
  ‘The Member State may decide to permit applicants to use defined agricultural raw materials other than those provided for in point (a) of the first subparagraph provided that all appropriate control measures are complied with.’ |
| --- | --- |

3.

in Article 33(1), the following subparagraph is added:

‘The Member State may decide to permit applicants to use defined agricultural raw materials other than those provided for in point (a) of the first subparagraph provided that all appropriate control measures are complied with.’

| 4. | Article 37 is amended as follows:






  (a) | paragraph 3 is replaced by the following:

  ‘3.   Member States shall set up a procedure of controls of the approval of the operators before the list referred to in paragraph 6 is published.’; |
| --- | --- | --- |

4.

Article 37 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3.   Member States shall set up a procedure of controls of the approval of the operators before the list referred to in paragraph 6 is published.’;

| (b) | in paragraph 4, the first sentence is replaced by the following:

  ‘Where it is found that an approved operator fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where a collector or first processor does not accept or facilitate the on-the-spot checks to be performed by the competent authorities and/or does not provide the information referred to in Article 38, Member States shall provide for the application of appropriate penalties.’; |
| --- | --- |

(b)

in paragraph 4, the first sentence is replaced by the following:

‘Where it is found that an approved operator fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where a collector or first processor does not accept or facilitate the on-the-spot checks to be performed by the competent authorities and/or does not provide the information referred to in Article 38, Member States shall provide for the application of appropriate penalties.’;

| (c) | paragraph 5 is replaced by the following:

  ‘5.   If an approved operator, as a result of a serious negligence, fails to comply with the provisions of this Chapter or with the national provisions, a Member State may decide to withdraw its approval for a period to be determined by that Member State.’; |
| --- | --- |

(c)

paragraph 5 is replaced by the following:

‘5.   If an approved operator, as a result of a serious negligence, fails to comply with the provisions of this Chapter or with the national provisions, a Member State may decide to withdraw its approval for a period to be determined by that Member State.’;

| (d) | paragraph 7 is replaced by the following:

  ‘7.   If a Member State decides to apply paragraph 1, the aid shall be paid only to applicants who have concluded contracts with approved collectors or processors provided those are also established in a Member State which has decided to apply paragraph 1.’; |
| --- | --- |

(d)

paragraph 7 is replaced by the following:

‘7.   If a Member State decides to apply paragraph 1, the aid shall be paid only to applicants who have concluded contracts with approved collectors or processors provided those are also established in a Member State which has decided to apply paragraph 1.’;

| 5. | in Article 39(3), the reference to ‘Article 32(2)’ is replaced by the reference to ‘Article 32’; |
| --- | --- |

5.

in Article 39(3), the reference to ‘Article 32(2)’ is replaced by the reference to ‘Article 32’;

| 6. | in Article 136, ‘Article 30(3)’ is deleted; |
| --- | --- |

6.

in Article 136, ‘Article 30(3)’ is deleted;

| 7. | in Article 138(2), the first subparagraph is replaced by the following:
  ‘Where differences between the area declared and the area determined result from irregularities committed intentionally, the aid to which the farmer would have been entitled shall not be granted for the calendar year in question if that difference is more than 0,5 % of the area determined or more than one hectare.’; |
| --- | --- |

7.

in Article 138(2), the first subparagraph is replaced by the following:

‘Where differences between the area declared and the area determined result from irregularities committed intentionally, the aid to which the farmer would have been entitled shall not be granted for the calendar year in question if that difference is more than 0,5 % of the area determined or more than one hectare.’;

| 8. | in Article 144, point (c) is replaced by the following:






  ‘(c) | “first processor” means any user of agricultural raw materials, except applicants using raw materials on the holding, who undertakes the first processing thereof with a view to obtaining one or more of the products referred to in Annex XXIII to this Regulation.’; |
| --- | --- | --- |

8.

in Article 144, point (c) is replaced by the following:

‘(c)

“first processor” means any user of agricultural raw materials, except applicants using raw materials on the holding, who undertakes the first processing thereof with a view to obtaining one or more of the products referred to in Annex XXIII to this Regulation.’;

| 9. | Article 146 is replaced by the following:

  ‘Article 146
  Derogations

  1.   Notwithstanding Article 145(2) and (3), Member States may permit applicants to:






  (a) | use all the cereals or oilseeds covered by CN codes 1201 00 90, 1205 10 90, 1205 90 00, 1206 00 91 and 1206 00 99 harvested:






  (i) | as fuel for heating their agricultural holding; |
| --- | --- | --- | --- |

9.

Article 146 is replaced by the following:

‘Article 146

Derogations

1.   Notwithstanding Article 145(2) and (3), Member States may permit applicants to:

(a)

use all the cereals or oilseeds covered by CN codes 1201 00 90, 1205 10 90, 1205 90 00, 1206 00 91 and 1206 00 99 harvested:

(i)

as fuel for heating their agricultural holding;

| (ii) | for the production on the holding of power or biofuels; |
| --- | --- |

(ii)

for the production on the holding of power or biofuels;

| (b) | process into biogas falling within CN code 2711 29 00, on their holdings, all raw materials harvested. |
| --- | --- |

(b)

process into biogas falling within CN code 2711 29 00, on their holdings, all raw materials harvested.

The Member State may decide to permit applicants to use defined agricultural raw materials other than those provided for in point (a) of the first subparagraph providing that all appropriate control measures are complied with.

2.   In the cases referred to in paragraph 1, applicants shall undertake, by way of a declaration in place of the contract referred to in Article 147, to use or process directly the raw material covered by the declaration. Articles 147 to 164 shall apply mutatis mutandis.

3.   Member States applying paragraph 1 shall introduce adequate control measures to ensure that the raw material is used directly on the holding or is processed into biogas falling within CN code 2711 29 00.’;

| 10. | Article 147 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   In support of the single application and by the date provided for in Article 11 of Regulation (EC) No 796/2004, applicants shall submit to their competent authorities a copy of the contract concluded with a collector or first processor. However, Member States may decide that the contract may only be concluded between an applicant and a first processor.’; |
| --- | --- | --- |

10.

Article 147 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   In support of the single application and by the date provided for in Article 11 of Regulation (EC) No 796/2004, applicants shall submit to their competent authorities a copy of the contract concluded with a collector or first processor. However, Member States may decide that the contract may only be concluded between an applicant and a first processor.’;

| (b) | paragraph 3 is deleted.; |
| --- | --- |

(b)

paragraph 3 is deleted.;

| 11. | in Article 155(1), point (b) is replaced by the following:






  ‘(b) | a copy of the contract has been deposited with the applicant’s competent authority in accordance with Article 147(1) and the conditions referred to in Article 145(1) have been fulfilled.’; |
| --- | --- | --- |

11.

in Article 155(1), point (b) is replaced by the following:

‘(b)

a copy of the contract has been deposited with the applicant’s competent authority in accordance with Article 147(1) and the conditions referred to in Article 145(1) have been fulfilled.’;

| 12. | in Article 157, paragraph 1 is deleted; |
| --- | --- |

12.

in Article 157, paragraph 1 is deleted;

| 13. | in Article 158, paragraph 1 is replaced by the following:

  ‘1.   Collectors or first processors shall lodge a security as provided for in paragraph 2 of this Article with their competent authorities by the final date for the amendments to the payment applications for the year in question in the Member State concerned, as referred to in Article 15(2) of Regulation (EC) No 796/2004. However, Member States may waive the requirement of a security under the conditions set up in Article 5 of Regulation (EEC) No 2220/85.’; |
| --- | --- |

13.

in Article 158, paragraph 1 is replaced by the following:

‘1.   Collectors or first processors shall lodge a security as provided for in paragraph 2 of this Article with their competent authorities by the final date for the amendments to the payment applications for the year in question in the Member State concerned, as referred to in Article 15(2) of Regulation (EC) No 796/2004. However, Member States may waive the requirement of a security under the conditions set up in Article 5 of Regulation (EEC) No 2220/85.’;

| 14. | Article 159 is amended as follows:






  (a) | in paragraph 1, point (c) is deleted; |
| --- | --- | --- |

14.

Article 159 is amended as follows:

(a)

in paragraph 1, point (c) is deleted;

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

(b)

in paragraph 2, point (b) is deleted;

| 15. | in Chapter 16, Section 8 is replaced by the following:


  ‘SECTION 8

  Optional system of approval


  Article 160
  Optional system of approval

  1.   By way of derogation from Article 158, Member States may decide to set up a system of approval of collectors and first processors (hereinafter “approved operators”).
  Member States shall make available to public the decision referred to in the first subparagraph by 1 November of the year preceding its application.
  Save as otherwise provided in this Section, the provisions of this Chapter shall apply to the Member States having decided to apply the first subparagraph.


  2.   Where a Member State has decided to apply paragraph 1, it shall adopt the necessary provisions and take the necessary measures to ensure that the provisions of this Chapter are complied with. In particular, Member States shall lay down conditions for approval of the operators ensuring that at least the following criteria are met:






  (a) | for collectors:






  (i) | have the administrative capacities for operating as a collector and performing the record keeping referred to in Article 163; |
| --- | --- | --- | --- |

15.

in Chapter 16, Section 8 is replaced by the following:

‘SECTION 8

Optional system of approval

Article 160

Optional system of approval

1.   By way of derogation from Article 158, Member States may decide to set up a system of approval of collectors and first processors (hereinafter “approved operators”).

Member States shall make available to public the decision referred to in the first subparagraph by 1 November of the year preceding its application.

Save as otherwise provided in this Section, the provisions of this Chapter shall apply to the Member States having decided to apply the first subparagraph.

2.   Where a Member State has decided to apply paragraph 1, it shall adopt the necessary provisions and take the necessary measures to ensure that the provisions of this Chapter are complied with. In particular, Member States shall lay down conditions for approval of the operators ensuring that at least the following criteria are met:

(a)

for collectors:

(i)

have the administrative capacities for operating as a collector and performing the record keeping referred to in Article 163;

| (ii) | have a contractual relationship with at least one processor for the delivery of raw materials or have carried on trading activities for a sufficient period; |
| --- | --- |

(ii)

have a contractual relationship with at least one processor for the delivery of raw materials or have carried on trading activities for a sufficient period;

| (b) | for first processors:






  (i) | have the administrative capacities for operating as a first processor and the administrative capacities for performing the record keeping referred to in Article 163; |
| --- | --- | --- |

(b)

for first processors:

(i)

have the administrative capacities for operating as a first processor and the administrative capacities for performing the record keeping referred to in Article 163;

| (ii) | have the appropriate production capacities for the production of at least one end-product intended for non-food purposes as listed in Annex XXIII. |
| --- | --- |

(ii)

have the appropriate production capacities for the production of at least one end-product intended for non-food purposes as listed in Annex XXIII.

3.   Member States shall set up a procedure of controls of the approval of the operators before the list referred to in paragraph 6 is published.

4.   Where it is found that an approved operator fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where a collector or first processor does not accept or facilitate the on-the-spot checks to be performed by the competent authorities and/or does not provide the information referred to in Article 163, Member States shall provide for the application of appropriate penalties. The amount of the penalties shall be calculated in the light of the seriousness of the infringement and proportionally to the securities forfeited for non-compliance with the requirements as set up in Article 159.

5.   If an approved operator, as a result of a serious negligence, fails to comply with the provisions of this Chapter or with the national provisions, a Member State may decide to withdraw its approval for a period to be determined by that Member State.

6.   Before 15 December of the year prior to the year in respect of which the aid is granted, each Member State shall make available to the public a list of approved collectors and first processors.

7.   If a Member State decides to apply paragraph 1, the aid shall be paid only to applicants who have concluded contracts with approved collectors or processors provided those are also established in a Member State which has decided to apply paragraph 1.’;

| 16. | Annex XX and Annex XXI are replaced by the text in Annex to this Regulation. |
| --- | --- |

16.

Annex XX and Annex XXI are replaced by the text in Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2008.

However Article 1(6) and (16) shall apply from 1 January 2007 and point (7) shall apply to aid applications relating to years or premium periods starting from 1 January 2008.

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

Done at Brussels, 27 August 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007, p. 10).

1

(2)  
  OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regulation (EC) No 381/2007 (OJ L 95, 5.4.2007, p. 8).

2

(3)  
  OJ L 75, 15.3.2007, p. 8.

3

(4)  
  OJ L 95, 5.4.2007, p. 8.

4

(5)  
  OJ L 216, 21.7.2007, p. 3.

5

(6)  
  OJ L 141, 30.4.2004, p. 18.

6

(7)  Commission Decision C(2007) 2241 of 31 May 2007 and Commission Decision C(2007) 3161 of 2 July 2007.

7

(8)  Commission Decision C(2007) 2241 of 31 May 2007 and Commission Decision C(2007) 3161 of 2 July 2007.

8

---

ANNEX

‘ANNEX XX

MINIMUM SIZE OF ELIGIBLE AREA PER HOLDING UNDER THE SINGLE AREA PAYMENT SCHEME

| New Member States | Minimum size of eligible area per holding
  (ha) |
| --- | --- |
| Bulgaria | 1
  However, holdings with at least 0,5 ha of permanent crops may request payments |
| Cyprus | 0,3 |
| Czech Republic | 1 |
| Estonia | 1 |
| Hungary | 1
  However, holdings with more than 0,3 ha of orchards or vineyards may request payments |
| Latvia | 1 |
| Lithuania | 1 |
| Poland | 1 |
| Romania | 1 |
| Slovakia | 1 |

New Member States

Minimum size of eligible area per holding

(ha)

Bulgaria

1

However, holdings with at least 0,5 ha of permanent crops may request payments

Cyprus

0,3

Czech Republic

1

Estonia

1

Hungary

1

However, holdings with more than 0,3 ha of orchards or vineyards may request payments

Latvia

1

Lithuania

1

Poland

1

Romania

1

Slovakia

1

‘ANNEX XXI

AGRICULTURAL AREA UNDER THE SINGLE AREA PAYMENT SCHEME

| New Member States | Agricultural area under the single area payment scheme referred to in Article 143b(4) of Regulation (EC) No 1782/2003
  (thousands ha) |
| --- | --- |
| Bulgaria | 3 805 |
| Cyprus | 140 |
| Czech Republic | 3 469 |
| Estonia | 800 |
| Hungary | 4 829 |
| Latvia | 1 475 |
| Lithuania | 2 574 |
| Poland | 14 337 |
| Romania | 8 716 |
| Slovakia | 1 955 |

New Member States

Agricultural area under the single area payment scheme referred to in Article 143b(4) of Regulation (EC) No 1782/2003

(thousands ha)

Bulgaria

3 805

Cyprus

140

Czech Republic

3 469

Estonia

800

Hungary

4 829

Latvia

1 475

Lithuania

2 574

Poland

14 337

Romania

8 716

Slovakia

1 955

---

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

DECISIONS

Commission

| 28.8.2007 | EN | Official Journal of the European Union | L 222/16 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/16

---

COMMISSION DECISION

of 27 August 2007

on introducing preventive vaccination against highly pathogenic avian influenza and related provisions for movements in the Netherlands

(notified under document number C(2007) 3977)

(Only the Dutch text is authentic)

(2007/590/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (1), and in particular, Article 57(2) thereof;

Whereas:

| (1) | Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health and also to reduce the profitability of poultry farming. |
| --- | --- |

(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health and also to reduce the profitability of poultry farming.

| (2) | The highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from poultry and wild birds in certain parts of the Community and in third countries. The likelihood of the spread of that virus to poultry flocks, in particular by wild birds, is increasing within the Community. |
| --- | --- |

(2)

The highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from poultry and wild birds in certain parts of the Community and in third countries. The likelihood of the spread of that virus to poultry flocks, in particular by wild birds, is increasing within the Community.

| (3) | Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands. |
| --- | --- |

(3)

Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands.

| (4) | In its scientific opinions on avian influenza with respect to animal health and welfare aspects, the role of wild birds in the spread of avian influenza and on vaccination of poultry, captive birds and zoo birds against avian influenza, the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommended that preventive vaccination can be considered, if a high risk of virus introduction is identified in particular in densely populated poultry areas. |
| --- | --- |

(4)

In its scientific opinions on avian influenza with respect to animal health and welfare aspects, the role of wild birds in the spread of avian influenza and on vaccination of poultry, captive birds and zoo birds against avian influenza, the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommended that preventive vaccination can be considered, if a high risk of virus introduction is identified in particular in densely populated poultry areas.

| (5) | In addition, EFSA states that during an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This eventuality should be considered, and instead of the mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. Quarantine and preventive vaccination may also be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of the virus. In particular, preventive vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds. |
| --- | --- |

(5)

In addition, EFSA states that during an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This eventuality should be considered, and instead of the mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. Quarantine and preventive vaccination may also be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of the virus. In particular, preventive vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds.

| (6) | Commission Decision 2006/147/EC of 24 February 2006 on introducing preventive vaccination against highly pathogenic avian influenza H5N1 and related provisions for movements in the Netherlands (2) approved the plan for preventive vaccination against highly pathogenic avian influenza H5N1, as submitted by the Netherlands to the Commission on 21 February 2006, and the amendments thereto, including the continuation of that plan until 31 July 2007 (‘the preventive vaccination plan’). It provides for certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for the introduction of infection by that disease, including movement restrictions on vaccinated poultry. |
| --- | --- |

(6)

Commission Decision 2006/147/EC of 24 February 2006 on introducing preventive vaccination against highly pathogenic avian influenza H5N1 and related provisions for movements in the Netherlands (2) approved the plan for preventive vaccination against highly pathogenic avian influenza H5N1, as submitted by the Netherlands to the Commission on 21 February 2006, and the amendments thereto, including the continuation of that plan until 31 July 2007 (‘the preventive vaccination plan’). It provides for certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for the introduction of infection by that disease, including movement restrictions on vaccinated poultry.

| (7) | Given the experience gained with preventive vaccination under field conditions during the implementation of the preventive vaccination plan, it is appropriate to continue this pilot project in order to obtain further insight into the development and levels of bird immunity under a controlled setting. |
| --- | --- |

(7)

Given the experience gained with preventive vaccination under field conditions during the implementation of the preventive vaccination plan, it is appropriate to continue this pilot project in order to obtain further insight into the development and levels of bird immunity under a controlled setting.

| (8) | For that purpose, the Netherlands submitted on 29 June 2007 an updated preventive vaccination plan which is to be applied until 31 July 2009. The Commission examined that updated plan in collaboration with the Netherlands and considers that, subject to certain adaptations, it complies with the relevant Community animal health legislation. Accordingly, the updated preventive vaccination plan should be approved. |
| --- | --- |

(8)

For that purpose, the Netherlands submitted on 29 June 2007 an updated preventive vaccination plan which is to be applied until 31 July 2009. The Commission examined that updated plan in collaboration with the Netherlands and considers that, subject to certain adaptations, it complies with the relevant Community animal health legislation. Accordingly, the updated preventive vaccination plan should be approved.

| (9) | For the purposes of such preventive vaccination, only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (3) or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4) should be used. |
| --- | --- |

(9)

For the purposes of such preventive vaccination, only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (3) or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4) should be used.

| (10) | Where preventive vaccination is carried out in the Netherlands, monitoring of vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds should be implemented in order to prevent the eventual virus circulation in vaccinated flocks, if exposed to field virus. |
| --- | --- |

(10)

Where preventive vaccination is carried out in the Netherlands, monitoring of vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds should be implemented in order to prevent the eventual virus circulation in vaccinated flocks, if exposed to field virus.

| (11) | In addition, certain restrictions should be placed on the movement of poultry and products thereof concerned by the preventive vaccination measures provided for in this Decision. Such restrictions should take into account the rules laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (7). |
| --- | --- |

(11)

In addition, certain restrictions should be placed on the movement of poultry and products thereof concerned by the preventive vaccination measures provided for in this Decision. Such restrictions should take into account the rules laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (7).

| (12) | In the interests of clarity of Community legislation, Decision 2006/147/EC should be repealed. |
| --- | --- |

(12)

In the interests of clarity of Community legislation, Decision 2006/147/EC should be repealed.

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

(13)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

This Decision lays down certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for introduction of avian influenza, including movement restrictions on vaccinated poultry and certain products derived thereof.

Article 2

Definitions

For the purpose of this Decision, the definitions laid down in Article 2 of Directive 2005/94/EC shall apply.

The following definitions shall also apply:

| (a) | ‘backyard poultry’ means chickens, turkeys and other species belonging to the Galliformes order and ducks, geese and other species belonging to the Anseriformes order which are kept by their owners:






  (i) | for their own consumption or use; or |
| --- | --- | --- |

(a)

‘backyard poultry’ means chickens, turkeys and other species belonging to the Galliformes order and ducks, geese and other species belonging to the Anseriformes order which are kept by their owners:

Galliformes

Anseriformes

(i)

for their own consumption or use; or

| (ii) | as pets. |
| --- | --- |

(ii)

as pets.

| (b) | ‘organic’ and ‘free-range layers’ means:






  (i) | laying hens as defined in Article 2(2)(a) of Council Directive 1999/74/EC (8); and |
| --- | --- | --- |

(b)

‘organic’ and ‘free-range layers’ means:

(i)

laying hens as defined in Article 2(2)(a) of Council Directive 1999/74/EC (8); and

8

| (ii) | which have access to open runs. |
| --- | --- |

(ii)

which have access to open runs.

Article 3

Approval of the vaccination programme

1.   The plan for preventive vaccination against highly pathogenic avian influenza, as submitted by the Netherlands to the Commission on 29 June 2007, to be implemented until 31 July 2009, (‘the preventive vaccination plan’) is approved.

2.   The Commission shall publish the preventive vaccination plan.

Article 4

Conditions for implementing the preventive vaccination plan

1.   The Netherlands shall ensure that the preventive vaccination of backyard poultry and organic and free-range layers is carried out in accordance with the preventive vaccination plan with an inactivated heterologous vaccine of avian influenza subtype H5 or with a bivalent inactivated heterologous vaccine containing both avian influenza subtypes H5 and H7 authorised by that Member State or the Community in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004.

2.   The Netherlands shall ensure that intensive monitoring and surveillance, as set out in the preventive vaccination plan is carried out in the backyard poultry and flocks of organic or free-range layers where preventive vaccination is carried out.

3.   The Netherlands shall ensure that the preventive vaccination plan is implemented efficiently.

Article 5

Restrictions on movements and dispatch of backyard poultry, including day-old chicks and hatching eggs derived from such poultry

1.   The competent authority shall ensure that no poultry, including day-old chicks and hatching eggs, derived from such poultry and originating from backyard poultry holdings where vaccination is carried out, may be moved to other poultry holdings within the Netherlands or dispatched to another Member State.

2.   By way of derogation from paragraph 1, and provided that they are individually identified, backyard poultry may be moved to other holdings of backyard poultry or temporarily gathered for shows and exhibitions:

| (a) | within the Netherlands; |
| --- | --- |

(a)

within the Netherlands;

| (b) | in another Member State following the agreement of the Member State of destination. |
| --- | --- |

(b)

in another Member State following the agreement of the Member State of destination.

Any such movements or gatherings must be in accordance with the preventive vaccination plan, including the maintenance of records of such movements and gatherings.

Article 6

Restrictions on movements of organic and free-range layers

The competent authority shall ensure that organic and free-range layers from holdings where preventive vaccination is carried out are only moved:

| (a) | to other holdings where preventive vaccination is carried out within the Netherlands; |
| --- | --- |

(a)

to other holdings where preventive vaccination is carried out within the Netherlands;

| (b) | to a slaughterhouse for immediate slaughter within the Netherlands; or |
| --- | --- |

(b)

to a slaughterhouse for immediate slaughter within the Netherlands; or

| (c) | to a slaughterhouse in another Member State for immediate slaughter following the agreement of the Member State of destination. |
| --- | --- |

(c)

to a slaughterhouse in another Member State for immediate slaughter following the agreement of the Member State of destination.

Article 7

Health certification for intra-Community trade in poultry, day-old chicks and hatching eggs

1.   The Netherlands shall ensure that health certificates for intra-Community trade in poultry, day-old chicks and hatching eggs from the Netherlands referred to in Articles 5(2) and 6 (c) include the words:

‘Poultry/day-old chicks/hatching eggs (*1) in compliance with the rules laid down in Decision 2007/590/EC and vaccinated/derived from poultry vaccinated (*1) against avian influenza on ... (date) with vaccine ... (name).

2.   The Netherlands shall ensure that health certificates for intra-Community trade in poultry, day-old chicks and hatching eggs other than those referred to in paragraph (1) from the Netherlands include the words:

‘The consignment consists of poultry/day-old chicks/hatching eggs (*2) originating from holdings where no vaccination against avian influenza has been carried out.

Article 8

Restrictions on the dispatch of table eggs

The competent authority shall ensure that table eggs that originate from and/or come from holdings where organic and free-range layers are kept and in which preventive vaccination is carried out are only dispatched to other Member States subject to compliance with the following conditions:

| (a) | the table eggs are derived from poultry which originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan, with particular attention being paid to sentinel birds; and |
| --- | --- |

(a)

the table eggs are derived from poultry which originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan, with particular attention being paid to sentinel birds; and

| (b) | the table eggs are directly transported:






  (i) | to a packing centre designated by the competent authority and that they are packed in disposable packaging or in containers, trays and other non-disposable equipment, which must be cleaned and disinfected before and after each use in accordance with the instructions and biosecurity measures required by the competent authority; or |
| --- | --- | --- |

(b)

the table eggs are directly transported:

(i)

to a packing centre designated by the competent authority and that they are packed in disposable packaging or in containers, trays and other non-disposable equipment, which must be cleaned and disinfected before and after each use in accordance with the instructions and biosecurity measures required by the competent authority; or

| (ii) | to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004. |
| --- | --- |

(ii)

to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.

Article 9

Restrictions on the dispatch of meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated organic and free-range layers

1.   The competent authority shall ensure that meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated organic and free-range layer flocks is only dispatched to other Member States subject to compliance with the following conditions:

| (a) | it is derived from poultry which:






  (i) | originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan with particular attention being paid to sentinel birds; |
| --- | --- | --- |

(a)

it is derived from poultry which:

(i)

originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan with particular attention being paid to sentinel birds;

| (ii) | originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before the time of loading, with particular attention being paid to sentinel birds; |
| --- | --- |

(ii)

originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before the time of loading, with particular attention being paid to sentinel birds;

| (iii) | are kept separated from other flocks which do not comply with the provisions of (i) and (ii) above; and |
| --- | --- |

(iii)

are kept separated from other flocks which do not comply with the provisions of (i) and (ii) above; and

| (b) | it has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004. |
| --- | --- |

(b)

it has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004.

2.   The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated organic and free range layer flocks is only dispatched to other Member States if such meat, preparations or products comply with paragraph 1 and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

Article 10

Reports

The Netherlands shall submit to the Commission a report on the implementation of the preventive vaccination plan within one month from the date of application of this Decision and give quarterly reports at the Standing Committee on the Food Chain and Animal Health.

Article 11

Repeal

Decision 2006/147/EC is repealed.

Article 12

Addresses

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 27 August 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 10, 14.1.2006, p. 16.

1

(2)  
  OJ L 55, 25.2.2006, p. 47. Decision as amended by Decision 2006/528/EC (OJ L 208, 29.7.2006, p. 39).

2

(3)  
  OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28/EC (OJ L 136, 30.4.2004, p. 58).

3

(4)  
  OJ L 136, 30.4.2004, p. 1. Regulation as amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).

4

(5)  
  OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.

5

(6)  
  OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

6

(7)  
  OJ L 139, 30.4.2004, p. 206, corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Regulation (EC) No 1791/2006.

7

(8)  
  OJ L 203, 3.8.1999, p. 53.

8

---

| 28.8.2007 | EN | Official Journal of the European Union | L 222/21 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/21

---

COMMISSION DECISION

of 27 August 2007

amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany

(notified under document number C(2007) 4070)

(Text with EEA relevance)

(2007/591/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(3) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(3) thereof,

Whereas:

| (1) | Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease. |
| --- | --- |

(1)

Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.

| (2) | Germany has notified the Commission of an outbreak of H5N1 in a poultry holding on its territory in the Land Bavaria and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of Areas A and B as provided for in Article 4 of that Decision. |
| --- | --- |

(2)

Germany has notified the Commission of an outbreak of H5N1 in a poultry holding on its territory in the Land Bavaria and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of Areas A and B as provided for in Article 4 of that Decision.

| (3) | The Commission has examined those measures in collaboration with Germany, and is satisfied that the borders of Areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. Areas A and B in Germany can therefore be confirmed and the duration of that regionalisation fixed. |
| --- | --- |

(3)

The Commission has examined those measures in collaboration with Germany, and is satisfied that the borders of Areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. Areas A and B in Germany can therefore be confirmed and the duration of that regionalisation fixed.

| (4) | Decision 2006/415/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2006/415/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/415/EC is amended in accordance with the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 August 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

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

1

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

2

(3)  
  OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision 2007/556/EC (OJ L 212, 14.8.2007, p. 10).

3

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ANNEX

The Annex to Decision 2006/415/EC is amended as follows:

| 1. | The following text is added to Part A:









  ‘ISO Country Code | Member State | Area A | Date until applicable Article 4(4)(b)(iii) |
| --- | --- | --- | --- | --- |
| Code
  (if available) | Name |
| DE | GERMANY | | The 10 km zone established around the outbreak in the commune of Wachenroth including all or parts of the communes of: | 28.9.2007’ |
| | | LANDKREIS ERLANGEN-HÖCHSTADT | BIRKACH
  HÖCHSTADT A.D. AISCH
  LONNERSTADT
  MÜHLHAUSEN
  VESTENBERGSGREUTH
  WACHENROTH |
| | | LANDKREIS NEUSTADT A.D. AISCH | BURGHASLACH
  DACHSBACH
  GUTENSTETTEN
  MARKT TASCHENDORF
  MÜNCHSTEINACH
  UEHLFELD |
| | | LANDKREIS BAMBERG | BURGEBRACH
  BURGWINDHEIM
  POMMERSFELDEN
  SCHLÜSSELFELD |

1.

The following text is added to Part A:

‘ISO Country Code

Member State

Area A

Date until applicable Article 4(4)(b)(iii)

Code

(if available)

Name

DE

GERMANY

The 10 km zone established around the outbreak in the commune of Wachenroth including all or parts of the communes of:

28.9.2007’

LANDKREIS ERLANGEN-HÖCHSTADT

BIRKACH

HÖCHSTADT A.D. AISCH

LONNERSTADT

MÜHLHAUSEN

VESTENBERGSGREUTH

WACHENROTH

LANDKREIS NEUSTADT A.D. AISCH

BURGHASLACH

DACHSBACH

GUTENSTETTEN

MARKT TASCHENDORF

MÜNCHSTEINACH

UEHLFELD

LANDKREIS BAMBERG

BURGEBRACH

BURGWINDHEIM

POMMERSFELDEN

SCHLÜSSELFELD

| 2. | The following text is added to Part B:









  ‘ISO Country Code | Member State | Area B | Date until applicable Article 4(4)(b)(iii) |
| --- | --- | --- | --- | --- |
| Code
  (if available) | Name |
| DE | GERMANY | | The communes of: | 28.9.2007’ |
| | | LANDKREIS ERLANGEN-HÖCHSTADT | ADELSDORF
  BIRKACH
  GREMSDORF
  HÖCHSTADT A.D. AISCH
  LONNERSTADT
  MÜHLHAUSEN
  VESTENBERGSGREUTH
  WACHENROTH
  WEISENDORF |
| | | LANDKREIS NEUSTADT A.D. AISCH | BAUDENBACH
  BURGHASLACH
  DACHSBACH
  GERHARDSHOFEN
  GUTENSTETTEN
  MARKT TASCHENDORF
  MÜNCHSTEINACH
  SCHEINFELD
  UEHLFELD |
| | | LANDKREIS BAMBERG | BURGEBRACH
  BURGWINDHEIM
  POMMERSFELDEN
  SCHLÜSSELFELD
  STEINACHSRANGEN |
| | | LANDKREIS KITZINGEN | GEISELWIND |

2.

The following text is added to Part B:

‘ISO Country Code

Member State

Area B

Date until applicable Article 4(4)(b)(iii)

Code

(if available)

Name

DE

GERMANY

The communes of:

28.9.2007’

LANDKREIS ERLANGEN-HÖCHSTADT

ADELSDORF

BIRKACH

GREMSDORF

HÖCHSTADT A.D. AISCH

LONNERSTADT

MÜHLHAUSEN

VESTENBERGSGREUTH

WACHENROTH

WEISENDORF

LANDKREIS NEUSTADT A.D. AISCH

BAUDENBACH

BURGHASLACH

DACHSBACH

GERHARDSHOFEN

GUTENSTETTEN

MARKT TASCHENDORF

MÜNCHSTEINACH

SCHEINFELD

UEHLFELD

LANDKREIS BAMBERG

BURGEBRACH

BURGWINDHEIM

POMMERSFELDEN

SCHLÜSSELFELD

STEINACHSRANGEN

LANDKREIS KITZINGEN

GEISELWIND

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Corrigenda

| 28.8.2007 | EN | Official Journal of the European Union | L 222/23 |
| --- | --- | --- | --- |

28.8.2007

EN

Official Journal of the European Union

L 222/23

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Corrigendum to Commission Regulation (EC) No 964/2007 of 14 August 2007 laying down detailed rules for the opening and administration of the tariff quotas for rice originating in the least developed countries for the marketing years 2007/2008 and 2008/2009

(
  Official Journal of the European Union L 213 of 15 August 2007
  )

On page 27, Article 2 (4):

for:

‘Licence applications shall be lodged with the competent authority in the Member State concerned during the first seven working days of the marketing year concerned and, where applicable, in the event of an additional period as referred to in paragraph 7, in the first seven days of the month of February of the same marketing year.’,

read:

‘Licence applications shall be lodged with the competent authority in the Member State concerned during the first seven days of the marketing year concerned and, where applicable, in the event of an additional period as referred to in paragraph 7, in the first seven days of the month of February of the same marketing year.’.

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