25.11.2006   

EN

Official Journal of the European Union

L 329/1

(1)

By Regulation (EC) No 930/2004, the Council decided that, by way of derogation from Regulation No 1 and for a transitional period of three years beginning on 1 May 2004, the institutions of the Union would not be bound by the obligation to draft all acts in Maltese and to publish them in that language in the Official Journal of the European Union.

(2)

On that occasion, the Council agreed, in Article 2 of the said Regulation, that not later than 30 months after its adoption, the Council would review the operation of that Regulation and determine whether to extend it for a further period of one year.

(3)

Since the start of the transitional period, the situation as regards translation from and into Maltese has improved considerably, so that an extension of the temporary derogation measures is not justified. By Decision of 24 October 2006, the Council accordingly decided that there were no grounds for such an extension. The transitional period will therefore come to an end on 30 April 2007.

(4)

However, Article 3 of the said Regulation stipulates that, at the end of the transitional period, all acts which at that time have not already been published in the Maltese language are also to be published in that language; it would nevertheless appear to be very difficult for all those acts to be translated and published immediately after 30 April 2007. Article 3 should therefore be amended in order to give the institutions a further space of time to enable them to absorb the backlog of all the acts that will not have been published in Maltese by the end of the transitional period,

25.11.2006   

EN

Official Journal of the European Union

L 329/3

(1)

By Council Regulation (EC) No 2229/2003 (2), a definitive anti-dumping duty was imposed on imports of silicon originating in Russia. The rate of the definitive anti-dumping duty applicable to imports from SKU LLC, Sual-Kremny-Ural, Kamensk, Ural Region, Russia and its related company ZAO KREMNY, Irkutsk, Irkutsk Region, Russia is 22,7 %. The Commission, by Decision 2004/445/EC (3) accepted an undertaking offered by those companies.

(2)

On 6 February 2006, the Commission received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation concerning the anti-dumping measures applicable to imports of silicon originating in the Russian Federation.

(3)

The request was made by SKU LLC, Sual-Kremny-Ural, Kamensk, Ural Region, Russia and its related company ZAO KREMNY, Irkutsk, Irkutsk Region, Russia (the applicant) and was limited in scope to the determination of dumping as far as the applicant is concerned.

(4)

The request contained prima facie evidence that the circumstances on the basis of which measures were established have changed and that these changes are of a lasting nature.

(5)

The Commission, by a notice (notice of initiation) published in the Official Journal of the European Union  (4), accordingly initiated a partial interim review of the anti-dumping measures applicable to imports of silicon, currently classifiable within CN code 2804 69 00 and originating in the Russian Federation.

(6)

The Commission officially advised the applicant, the representatives of the exporting country and the association of Community producers of the initiation of the investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation and questionnaires were sent to the applicant.

(7)

The investigation period was 1 April 2005 to 31 March 2006.

(8)

On 29 May 2006, i.e. before the submission of a reply to the questionnaire, the applicant formally withdrew their request.

(9)

It was considered whether it would be warranted to continue the investigation ex officio despite the above mentioned withdrawal. However, given that the request had been withdrawn at an early stage of the investigation, no evidence relating to the current IP was available and no preliminary findings were obtained at this stage which would have allowed continuing with the investigation.

(10)

Information provided for in the applicant's request had not brought to light any considerations showing that the termination of the review would not be in the Community interest.

(11)

All interested parties were informed about the intention to terminate the present proceeding. One interested party argued that the applicant was still exporting the product concerned to the EC at dumped prices and that therefore the investigation should continue. However, it should be noted that the termination of this investigation does not result in the elimination of the anti-dumping measure which is already in force in order to re-establish fair trade practises. Therefore, this argument had to be rejected.

(12)

Two other interested parties argued also in favour of continuing the present investigation in order to remove the measures, given the alleged shortage of supply in the EC. However, this argument is outside the scope of this investigation which is limited to the reassessment of the dumping margin of one exporter. Therefore, the continuation of this investigation would in any event not change the level of measures to which other exporters are subject to. It could not, consequently, address the issue of short supply in a non-discriminatory way.

(13)

It was therefore concluded that the current interim review of definitive anti-dumping measures applicable to imports into the Community of silicon originating in the Russian Federation should be terminated. The anti-dumping measures with regard to the applicant currently in force should be maintained without affecting the duration of the measures,

25.11.2006   

EN

Official Journal of the European Union

L 329/5

(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,

25.11.2006   

EN

Official Journal of the European Union

L 329/7

(1)

Commission Regulation (EEC) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (2) lays down the conditions under which a special refund may be granted on boned cuts of meat of adult male bovine animals exported to third countries.

(2)

For the smooth operation of the arrangements instituted by Regulation (EEC) No 1964/82, the legislator provided in particular for the possibility for operators to make use, in the case of boned meat of adult male bovine animals, of the customs warehousing or free zone procedure provided for in Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (3).

(3)

The rules and general conditions for applying the advance payment of the refund on products placed under the customs warehousing or free zone procedure are laid down in Chapter 3 of Title II of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (4).

(4)

The specific conditions for applying the advance payment on boned meat of adult male bovine animals placed under the customs warehousing or free zone procedure are laid down in Commission Regulation (EC) No 456/2003 of 12 March 2003 laying down special rules on the pre-financing of export refunds for certain beef and veal products placed under a customswarehousing or freezone procedure (5). They were adopted to amplify and clarify the provisions of Regulations (EEC) No 565/80 and (EC) No 800/1999, particularly in terms of controls, for boned meat of adult male bovine animals.

(5)

The measures introduced by Regulation (EEC) No 565/80 and the corresponding implementing measures laid down in Chapter 3 of Title II of Regulation (EC) No 800/1999 were repealed by Commission Regulation (EC) No 1713/2006. As a result of the repeal of these measures, the specific measures laid down in Regulation (EC) No 456/2003 were rendered obsolete and were also repealed.

(6)

Advance payment of the refund on boned meat of adult male bovine animals under the customs warehousing procedure has been and is still used for exports to third countries. The interest in this system shown by operators is due in particular to the flexibility which it offers for the preparation of orders, especially the possibility for operators to store the meat for a maximum period of four months prior to export and freeze it during that period of intermediate storage.

(7)

In the absence of new provisions, operators will lose the flexibility provided by the previous procedure and will encounter additional difficulties on external markets in exporting boned meat of adult male bovine animals. The consequences of the repeal of those measures should be restricted as far as possible. To achieve that, operators should be able to continue to place boned meat of adult male bovine animals under the customs warehousing procedure prior to export, and the conditions for granting the special refund on such meat when exported after storage should be laid down.

(8)

Within that framework, it is essential to specify the conditions for meat entering that regime and, in order to ensure the traceability of the meat of adult male bovine animals during storage, provision should be made for operators to set up and update a computerised database approved by the customs authority beforehand.

(9)

To improve the transparency of operations and increase the speed and effectiveness of controls, the number of declarations of entry into storage that may be submitted per boning operation and the number of boned meat certificates involved in entry into the supervised storage arrangements should be restricted.

(10)

For the smooth operation of the regime, provision should be made for derogations from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6), in particular as regards the moment when the licences are to be presented and attributed and management of the associated security.

(11)

A maximum storage period should also be laid down and the operations that may be carried out during that period specified.

(12)

The criteria for controls during the storage period should also be laid down, and their frequency and the consequences to be drawn in the event of discrepancies between the data recorded in the database and actual stocks specified.

(13)

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

(a)

‘boned meat of adult male bovine animals’ means products falling within codes 0201 30 00 9100 and 0201 30 00 9120 of the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (7);

(b)

‘customs warehousing procedure’ means the procedure as defined in Article 98(2) of Council Regulation (EEC) No 2913/92 (8);

(c)

‘operator’ means the exporter as defined in Article 2(1)(i) of Regulation (EC) No 800/1999;

(d)

‘boning operation’ means the meat boned on a single day or part of a day;

(e)

‘boned meat certificate’ means the certificate referred to in Article 4(1) of Regulation (EEC) No 1964/82.

(a)

permit the meat covered by the arrangements to be traced administratively throughout the period of storage;

(b)

provide an up-to-date report in real time of the quantities of meat in storage, which must be available on the basis of each of the criteria referred to in the third subparagraph.

(a)

a unique number;

(b)

the date of production;

(c)

the number of the boned meat certificate;

(d)

the number of boxes per type of cut obtained and the net weight measured on entry into the customs warehousing procedure.

(a)

the declaration of entry into storage referred to in Article 4(1);

(b)

the export declaration referred to in Article 5 of Regulation (EC) No 800/1999.

(a)

the individual packaging of each piece of meat is not impaired or altered;

(b)

the link to the original label is maintained and the traceability of the meat as referred to in Article 5 is not compromised.

(a)

the refund shall first be reduced by 15 %;

(b)

the resulting refund shall then also be reduced by:

(a)

all authorisations granted, suspended or withdrawn;

(b)

all checks carried out.

25.11.2006   

EN

Official Journal of the European Union

L 329/13

(1)

A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (hereinafter referred to as the Stabilisation and Association Agreement), was signed in Luxembourg on 12 June 2006. The Stabilisation and Association Agreement is in the process of ratification.

(2)

On 12 June 2006 the Council concluded an Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part (2) (hereinafter referred to as the Interim Agreement), which provides for the early entry into force of the trade and trade-related provisions of the Stabilisation and Association Agreement. The Interim Agreement will enter into force on 1 December 2006.

(3)

The Interim Agreement and the Stabilisation and Association Agreement stipulate that wines originating in Albania may be imported into the Community, within the limits of Community tariff quotas, at a zero-rate customs duty.

(4)

The tariff quotas provided for in the Interim Agreement and in the Stabilisation and Association Agreement are annual and are repeated for an indeterminate period. The Commission should adopt the implementing measures for the opening and the administration of the Community tariff quotas.

(5)

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations.

(6)

Particular care should be taken to ensure that all Community importers have equal and continuous access to the tariff quotas and that the rates laid down for the quotas are applied continuously to all imports of the products in question into all Member States until the quotas are exhausted. In order to ensure the efficiency of a common administration of those quotas, there should be no obstacle to authorising the Member States to draw from the quota volumes the necessary quantities corresponding to actual imports. Communication between the Member States and the Commission should, as far as possible, take place by electronic transmission.

(7)

This Regulation should apply upon the entry into force of the Interim Agreement and should continue to apply after the entry into force of the Stabilisation and Association Agreement.

(8)

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

25.11.2006   

EN

Official Journal of the European Union

L 329/16

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition.

(2)

Article 25 of Regulation (EC) No 1831/2003 lays down transitional measures for applications for the authorisation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of Regulation (EC) No 1831/2003.

(3)

The application for authorisation of the additive listed in the Annex to this Regulation was submitted before the date of application of Regulation (EC) No 1831/2003.

(4)

Initial comments on this application, as provided for in Article 4(4) of Directive 70/524/EEC, was forwarded to the Commission before the date of application of Regulation (EC) No 1831/2003. This application is therefore to continue to be treated in accordance with Article 4 of Directive 70/524/EEC.

(5)

Data were submitted in support of this application for authorisation without a time limit of the enzyme preparation of 6-phytase EC 3.1.3.26 produced by Schizosaccharomyces pombe (ATCC 5233) for chickens for fattening. On 20 April 2006 the European Food Safety Authority delivered its opinion on the safety and efficacy of that preparation.

(6)

The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that enzyme preparation, as specified in Annex to this Regulation, should be authorised without a time limit.

(7)

The assessment of this application shows that certain procedures should be required to protect workers from exposure to the additive set out in the Annex. Such protection should be assured by the application of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (3).

(8)

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

25.11.2006   

EN

Official Journal of the European Union

L 329/19

(1)

Regulation (EEC) No 1054/73 of the Commission of 18 April 1973 on detailed rules for aid in respect of silkworms (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

Pursuant to Article 1 of Regulation (EC) No 1544/2006 and Article 2(3) of Regulation (EEC) No 922/72 of the Council of 2 May 1972 laying down general rules for granting aid in respect of silkworms (4), aid is granted solely for boxes which contain a minimum quantity of eggs and which have given a minimum production of cocoons. The Member States should be permitted to determine the minimum quantities but in the light of the normal conditions of production in the Community.

(3)

Article 3 of Regulation (EEC) No 922/72 states that Member States are to introduce a control ensuring that the product for which aid is requested meets the requirements for the granting thereof. Consequently, applications for aid submitted by rearers must include the minimum of information necessary for this control.

(4)

Uniform conditions for the payment of the amount of the aid should be laid down.

(5)

Member States are authorised to grant aid solely to rearers who have obtained their boxes of eggs from an approved body and who have delivered to an approved body the cocoons produced. For the purposes of the proper application of the system of aid, the conditions for the approval of such bodies should be defined.

(6)

In this particular case, in order to ensure the effectiveness of the control system referred to above, applications for aid should be accompanied by attestations issued by those bodies and should be checked by Member States.

(7)

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

(a)

which contain at least 20 000 silkworm eggs suitable for hatching;

(b)

which have given a minimum number of selected cocoons, having a suitable external appearance and being mature, of uniform colour and dimensions, free from marks and rust, and suitable for reeling.

—

no later than 31 December of the same year, two thirds of the aid shall be granted,

—

no later than 31 January of the following year, one third of the aid shall be granted.

—

the name, address and signature of the party making the application,

—

the number of boxes of eggs used and the date or dates on which these were received,

—

the quantity of cocoons produced from these eggs and the date or dates on which these cocoons were delivered,

—

the place of storage of the cocoons produced or, if they have been sold and delivered, the name and address of the first purchaser.

—

the number of boxes delivered, the name of the rearer to whom they were consigned and the date of dispatch,

—

the quantity of cocoons received, the name of the rearer supplying them and the date of receipt.

—

not later than 40 days after the dispatch of boxes of eggs, an attestation specifying at least the name and the address of the rearer concerned, the number of boxes delivered, the date of dispatch and the date of issue of the attestation;

—

not later than 40 days after the receipt of the cocoons, an attestation specifying at least the name and address of the rearer concerned, the quantity of cocoons received, the date of receipt and the date of issue of the attestation.

25.11.2006   

EN

Official Journal of the European Union

L 329/22

(1)

Commission Regulation (EC) No 936/97 (2) provides for the opening and administration, on a multi-annual basis, of a number of quotas of high quality beef.

(2)

Qualification for these quotas is subject to the conditions laid down in Regulation (EC) No 936/97. Article 2(a), (c) and (d) of that Regulation lays down in particular the definitions of high quality beef imported respectively from Argentina, Uruguay and Brazil. In order to refer to parameters which are verifiable and auditable, these definitions should, following the entry into force of Council Regulation (EC) No 1532/2006 of 12 October 2006 on the conditions for certain import quotas of high quality beef (3), be amended and refer respectively to official categories defined on the day of entry into force of this Regulation by the competent authorities of each of these countries.

(3)

It is also appropriate to specify that the provisions of Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (4), which establishes a system for the identification and registration of bovine animals and sets out provisions regarding the labelling of beef and beef products, should be applicable to the import of high quality beef referred to in Article 2(a), (c) and (d) of Regulation (EC) No 936/97.

(4)

Regulation (EC) No 936/97 should be amended accordingly.

(5)

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

1.

point (a) is replaced by the following:

2.

points (c) and (d) are replaced by the following:

25.11.2006   

EN

Official Journal of the European Union

L 329/24

(1)

The Annex to Commission Regulation (EC) No 1279/2006 (3) contains an error as regards the specific agricultural conversion rate fixed for the Slovak koruna.

(2)

The error should be corrected by replacing the exchange rate of 39,0739 indicated for the Slovak koruna with the rate 38,0739.

(3)

In order to cover the 2005/2006 marketing year the corrected rate must apply from the date of application of Regulation (EC) No 1279/2006,

25.11.2006   

EN

Official Journal of the European Union

L 329/26

(1)

Certain references to definitions in Commission Decision 2005/432/EC (3) should be updated.

(2)

Since Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, 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 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, are now applicable, it is necessary to amend and update Community health conditions and certification requirements for the importation into the Community of meat products derived from domestic bovines, porcines, ovines, caprines, solipeds, poultry, farmed game, domestic rabbits and wild game.

(3)

The model health certificate should be amended in order to facilitate the operation of Traces established in accordance with Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as Traces (4).

(4)

It is appropriate to provide for a transitional period during which certificates issued under the former rules may continue to be used.

(5)

Decision 2005/432/EC should therefore be amended accordingly.

(6)

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

1.

Articles 2 and 3 are replaced by the following:

‘Article 2

Definition of meat products

For the purposes of this Decision, the definition of meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004 shall apply.

Article 3

Conditions concerning species and animals

Member States shall ensure that consignments of meat products imported into the Community are derived from meat or meat products from the following species or animals:

2.

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

3.

Annex IV is replaced by the text in Annex II to this Decision.

25.11.2006   

EN

Official Journal of the European Union

L 329/34

(1)

Directive 2001/89/EC introduces minimum Community measures for the control of classical swine fever. Those measures include the provision that Member States are to submit to the Commission, following the confirmation of a primary case of classical swine fever in feral pigs, a plan of the measures to eradicate that disease. Those measures also provide for the emergency vaccination of feral pigs and pigs in pig holdings.

(2)

In 2006, classical swine fever has been present in feral pigs and pigs in pig holdings in Romania.

(3)

Taking into account the Accession of Romania, measures concerning the situation with regard to classical swine fever in that country should be laid down at Community level.

(4)

Romania has put in place a programme to survey and control classical swine fever in the whole territory of that country. That programme is still ongoing.

(5)

Romania has also submitted to the Commission for approval on 27 September 2006 a plan for the eradication of classical swine fever in feral pigs and a plan for the emergency vaccination of feral pigs against classical swine fever in the whole territory of Romania.

(6)

In addition, Romania submitted to the Commission on 27 September 2006 a plan for the eradication of classical swine fever in feral pigs, an emergency vaccination plan for the vaccination of pigs in large pig holdings with a marker vaccine and an emergency vaccination plan for the vaccination of pigs in smaller pig holdings with a live attenuated conventional vaccine.

(7)

Those plans submitted by Romania, have been examined by the Commission and found to comply with Directive 2001/89/EC.

(8)

In the interests of animal health, Romania must ensure the effective implementation of those measures, in particular by the establishment of fully functional national and local disease control centres as provided for in the plans submitted on 27 September 2006.

(9)

Due to this endemic presence of classical swine fever in the territory of Romania, the Commission adopted Commission Decision 2006/779/EC of 14 November 2006 concerning transitional animal health control measures in relation to classical swine fever in Romania (2) to apply from the date of entry into force of Treaty of Accession of Bulgaria and Romania.

(10)

The measures laid down in Decision 2006/779/EC prohibit inter alia the dispatch of pigmeat, pigmeat products and products and preparations containing pigmeat from Romania to the other Member States. For that purpose, that meat and those products must be marked with special marks. Accordingly, it is appropriate that the fresh meat produced from pigs vaccinated during the emergency vaccination in accordance with the present Decision is marked with the same mark and that provisions are laid down for placing such meat on the market.

(11)

With a view to the Accession of Romania the measures provided for in this Decision should be approved as transitional measures applicable from the date of Accession and for a period of nine months.

(12)

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

(a)

which are vaccinated with a marker vaccine in accordance with Article 3 is limited to the national market and shall not be dispatched to the other Member States;

(b)

which are vaccinated in accordance with Article 3 and 4 of this Decision, is marked with a special health or identification mark which cannot be confused with the Community stamp as referred to in Article 4 of Decision 2006/779/EC;

(c)

which are vaccinated with a live attenuated conventional vaccine in accordance with Article 4 is limited for the private domestic consumption or for the direct supply, by the producer, of small quantities to the final consumer or to local market in the same municipality and shall not be dispatched to the other Member States.

(a)

the number of pigs vaccinated, the number of doses of vaccine used and the number of holdings where such pigs have been vaccinated;

(b)

the number of pigs slaughtered and a list of the slaughterhouses where such pigs have been slaughtered;

(c)

the number and nature of surveillance tests carried out to control the vaccination and the results of such tests.

25.11.2006   

EN

Official Journal of the European Union

L 329/38

(1)

The questionnaire set out in the Annex to Commission Decision 2005/381/EC (2) should be adjusted in the light of the experience gained by Member States and the Commission in using the questionnaire and in assessing the replies to the questionnaire for drawing up the annual reports which were due by 30 June 2005.

(2)

The replies by Member States identified areas relevant for the Commission report on the application of Directive 2003/87/EC not yet included in the questionnaire set out in the Annex to Decision 2005/381/EC.

(3)

The assessment of the replies by Member States showed that some questions were not answered consistently and in need of further clarification.

(4)

The experience gained during the first complete cycle of monitoring, reporting and verification of carbon dioxide emissions by installations included in the emissions trading scheme necessitated a review of the relevant sections of the questionnaire.

(5)

The Annex to Decision 2005/381/EC should therefore be amended accordingly and, for clarity purposes, replaced.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 6 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment (3),

25.11.2006   

EN

Official Journal of the European Union

L 329/64

(1)

Radio frequency identification (RFID) technology, a specific type of short-range devices, offers potentially significant economic and societal benefits in Europe. Different RFID applications are possible, such as automatic article identification, asset tracking, security and alarm systems, waste management, proximity sensors, anti-theft systems, location systems, data transfer to handheld devices and wireless control systems. The development of devices based on ultra high frequency (UHF) RFID in the EC will contribute to development of the information society and to promotion of innovation.

(2)

Harmonised conditions and legal certainty for the availability of radio spectrum for UHF RFID devices are necessary to allow the identification of products incorporating UHF RFID or services relating to RFID to function throughout Europe. Ensuring a functioning internal market will assist the successful and rapid uptake of RFID technology by supporting economies of scale and cross-border use.

(3)

The purpose of this Decision is limited to RFID systems in which the devices attached to the items to be identified have no autonomous source of energy for radio transmission and transmit solely by reusing the energy radiated onto them by reader devices. So their potential to cause interference to other spectrum users is typically limited. Therefore such devices can share frequency bands with other services which are, or are not, subject to authorisation, without causing harmful interference, and can co-exist with other short range devices. Their use should therefore not be subject to an individual authorisation pursuant to the Authorisation Directive 2002/20/EC of the European Parliament and of the Council (2). In addition, radio communications services, as defined in the International Telecommunications Union Radio Regulations, have priority over such RFID devices and are not required to ensure the protection of RFID devices against interference and RFID systems shall not cause interference to these radio communications services. Since no protection against interference can therefore be guaranteed to users of RFID devices, it is the responsibility of manufacturers of RFID devices to protect such devices against harmful interference from radio communications services as well as from other short range devices operating in accordance with the applicable Community or national regulations. Pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (3) (the R&TTE Directive) manufacturers should ensure, that RFID devices effectively use the radio frequency spectrum so as to avoid harmful interference to other short-range devices.

(4)

On 11 March 2004 the Commission therefore issued a mandate (4) to the CEPT, pursuant to Article 4(2) of the Radio Spectrum Decision, to harmonise frequency use for short-range devices, including RFID devices. In response to that mandate, in its report (5) of 15 November 2004 the CEPT established the list of voluntary harmonisation measures which exist in the European Community for short-range devices and stated that a more binding commitment is required from Member States in order to ensure the legal stability of the frequency harmonisation achieved in the CEPT, in particular for the UHF spectrum used by RFIDs.

(5)

The bands proposed by CEPT for harmonisation are covered for use by RFID by harmonised standard EN 302 208 adopted pursuant to Directive 1999/5/EC. This standard describes a listen-before-talk technique meant to provide appropriate mitigation levels to avoid harmful interference to other users in the band. The use of this standard or other relevant harmonised standards gives the presumption of conformity with the essential requirements of the R&TTE Directive.

(6)

Harmonisation under this Decision does not exclude the possibility for a Member State to apply, where justified, transitional periods or radio spectrum-sharing arrangements pursuant to Article 4(5) of the Radio Spectrum Decision.

(7)

The use of spectrum is subject to the requirements of Community law for public health protection in particular Directive 2004/40/EC of the European Parliament and of the Council (6) and Council Recommendation 1999/519/EC (7). Health protection for radio equipment is ensured by conformity of such equipment to the essential requirements pursuant to the R&TTE Directive.

(8)

Due to rapid technological change, new UHF RFID and similar devices will emerge, which will require updates of spectrum harmonisation conditions, taking into account their economic benefits and the requirements of industry and users. Updates of this Decision will therefore be necessary to respond to new developments in the market and technology. If a review reveals the necessity to adapt the Decision, changes will be decided following the procedures specified in the Radio Spectrum Decision for the adoption of implementing measures. The updates could include transition periods to accommodate legacy situations.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

1.

‘RFID devices’ means devices for, inter alia, tracking and identification of items by the use of a radio system, consisting on the one hand of passive devices (tags) mounted on items and, on the other, of transmitter/receiver units (readers) which activate the tags and receive data back;

2.

‘non-interference, and non-protected basis’ means that no harmful interference may be caused to any radio communications service and that no claim may be made for protection of these devices against harmful interference originating from radio communications services.

25.11.2006   

EN

Official Journal of the European Union

L 329/67

(1)

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (3) introduces minimum Community measures for the control of that disease. It lays down the measures to be taken in the event of an outbreak of classical swine fever. Those measures include plans by Member States for the eradication of classical swine fever from a feral pig population and emergency vaccination of feral pigs under certain conditions.

(2)

Commission Decision 2003/526/EC of 18 July 2003 concerning protection measures relating to classical swine fever in certain Member States (4) was adopted in response to outbreaks of classical swine fever in those Member States. That Decision establishes disease control measures concerning classical swine fever in areas of those Member States where that disease is present in feral pigs in order to prevent the spread of the disease to other areas of the Community.

(3)

Those Member States should take appropriate measures to prevent the spread of classical swine fever. Therefore, they submitted to the Commission eradication plans and emergency vaccination plans against that disease with the measures necessary to eradicate the disease in the areas defined in their plans as infected and with the necessary measures to be applied on the pig holdings in those areas.

(4)

Given the epidemiological situation in certain areas of Germany, France and Slovakia, it is appropriate that the disease control measures concerning restrictions on the dispatch of live pigs, porcine semen and ova and embryos of swine, as provided for in Decision 2003/526/EC for those Member States, should also be laid down in the present Decision.

(5)

In addition, classical swine fever has been found in Bulgaria in the feral pig population and in pigs in holdings and it is still suspected to be endemic in those populations. Accordingly, taking into account the Accession of Bulgaria provision should be made with regard to classical swine fever as from the date of Accession.

(6)

Bulgaria has taken appropriate measures to control that disease in accordance with the measures provided for in Directive 2001/89/EC and has submitted a plan for the eradication of classical swine fever in feral pigs and a plan for the emergency vaccination of feral pigs in the whole territory of Bulgaria for approval by the Commission.

(7)

Following the epidemiological situation of the disease in Bulgaria, it is appropriate to provide for disease control measures concerning the whole territory of that country in this Decision.

(8)

In addition, it is appropriate in order to prevent the spread of classical swine fever to other areas of the Community, to provide in this Decision for a prohibition on the dispatch of fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs from Bulgaria. Such pigmeat and pigmeat products and preparations should be marked with special marks which cannot be confused with the health marks for pigmeat provided for in 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 (5) and the identification mark provided for in 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). However, it is appropriate that such pigmeat preparations and meat products consisting of, or containing meat of pigs may be dispatched to other Member States if they are treated in such a way that any classical swine fever virus present is destroyed.

(9)

In the interests of ensuring compliance with this Decision, where a Member State is subject to a prohibition on the dispatch of fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs from certain parts of its territory, this Decision should lay down certain requirements, in particular as regards certification, for the dispatch of such meat, preparations and products from other areas of the territory of that Member State not subject to that prohibition.

(10)

Decision 2003/526/EC has been amended several times. Therefore it is appropriate to repeal that Decision and replace it by the present Decision.

(11)

The Decision should be reviewed on the basis of the evolution of the classical swine fever situation in the Member States and in particular nine months after the date of Accession of Bulgaria.

(12)

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

(a)

areas outside those listed in the Annex; and

(b)

a holding where no live pigs proceeding from the areas listed in the Annex have been introduced during the 30-day period immediately prior to the date of dispatch.

(a)

from holdings where a clinical examination and serological tests for classical swine fever have been carried out with negative results, in accordance with Article 8(1)(b) and (c);

(b)

pigs to be moved directly to slaughterhouses for the purpose of immediate slaughter.

(a)

porcine semen, unless the semen originates from boars kept at an approved collection centre as referred to in point (a) of Article 3 of Council Directive 90/429/EEC (11) and situated outside the areas listed in the Annex to this Decision;

(b)

ova and embryos of swine, unless the ova and embryos originate from swine kept in holdings situated outside the areas listed in the Annex.

(a)

no consignments of fresh meat of pigs from holdings located in the areas listed in Part III of the Annex, and meat preparations and meat products consisting of, or containing meat of those pigs are dispatched from those areas to other Member States;

(b)

the fresh meat and meat preparations and meat products referred to in point (a) of this Article are marked with a special health mark that cannot be oval and cannot be confused with:

(a)

Article 5(1) of Council Directive 64/432/EEC (12) accompanying pigs dispatched from its territory, shall be completed by the following:

‘Animals in accordance with Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States.’

(b)

Article 6(1) of Directive 90/429/EEC accompanying boar semen dispatched from its territory, shall be completed by the following:

‘Semen in accordance with Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States.’

(c)

Article 1 of Commission Decision 95/483/EC (13) accompanying embryos and ova of swine dispatched from its territory, shall be completed by the following:

‘Embryos/ova (14) in accordance with Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States.

(a)

are subjected to the veterinary certification in accordance with Article 5(1) of Council Directive 2002/99/EC (15); and

(b)

are accompanied by the appropriate intra-Community trade health certificate laid down by Article 1 of Commission Regulation (EC) No 599/2004 (16) of which Part II shall be completed by the following:

‘Fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs, in accordance with Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States.’

(a)

the provisions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;

(b)

vehicles which have been used for the transport of pigs proceeding from holdings located within the areas listed in the Annex to this Decision are cleaned and disinfected immediately following each operation and the transporter provides proof of such disinfection.

(a)

no live pigs have been introduced during the 30-day period immediately prior to the date of dispatch;

(b)

a clinical examination for classical swine fever has been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Commission Decision 2002/106/EC (17) and in points 1, 2 and 3 of Part D of Chapter IV of that Annex; and

(c)

serological tests for classical swine fever have been carried out with negative results on samples collected from the consignment of pigs to be dispatched, during the seven-day period immediately prior to the date of dispatch; the minimum number of pigs to be sampled must be sufficient to allow for the detection of 10 % seroprevalence with 95 % confidence in the consignment of pigs to be dispatched.

(a)

have been produced and processed in compliance with Article 4(1) of Council Directive 2002/99/EC;

(b)

are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and

(c)

are accompanied by the appropriate intra-Community trade health certificate as laid down by Commission Regulation (EC) No 599/2004 of which Part II shall be completed by the following:

‘Product in accordance with Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States.’