(1)

Article 16 of Regulation (EC) No 767/2008 provides rules on the use of the VIS for consultation and requests for documents. In implementation of Article 16 of the VIS Regulation, measures should be adopted to set out rules for the exchange of the messages transmitted by the infrastructure of the VIS (VIS Mail Specifications). These messages shall not be recorded in the VIS and the personal data transmitted shall be used solely for the consultation of central visa authorities and consular cooperation.

(2)

Subject to further measures adopted by the date referred to in Article 46 of the VIS Regulation concerning the integration of the technical functionalities of the Schengen Consultation Network, the VIS Mail Specifications should define four types of messages which may be used from the start of operations of VIS until the date referred to in Article 46 of the VIS Regulation. These should include messages related to consular cooperation (Article 16(3) of the VIS Regulation), messages related to the transmission of requests to the competent visa authority to forward copies of travel documents and other documents supporting the application and to the transmission of electronic copies of those documents (Article 16(3) of the VIS Regulation), messages that data processed in the VIS are inaccurate or that data were processed in the VIS contrary to the provisions of the VIS Regulation (Article 24(2) of the VIS Regulation) and messages that an applicant has acquired the nationality of a Member State (Article 25(2) of the VIS Regulation).

(3)

In accordance with Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, on 13 October 2008 Denmark decided to implement Regulation (EC) No 767/2008 in Danish law. Regulation (EC) No 767/2008 is thus binding upon Denmark in international law. Denmark has therefore an obligation under international law to implement this Decision.

(4)

In accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2), the United Kingdom has not taken part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. The United Kingdom is therefore not an addressee of this Commission Decision.

(5)

In accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (3), Ireland has not taken part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. Ireland is therefore not an addressee of this Commission Decision.

(6)

This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.

(7)

As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (4), which falls within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5).

(8)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis which falls within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (6) on the conclusion of that Agreement on behalf of the European Community.

(9)

As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which falls within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7).

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 51 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (8),

(1)

It is stipulated in Annex I.2(c) to Directive 2002/56/EC that the number of plants showing symptoms of severe virus infection in the direct progeny must not exceed 10 %. In Sweden the quantity of available seed potatoes of the category ‘certified seed potatoes’ suitable to the national environmental conditions which satisfy the above requirement is insufficient and is therefore not adequate to meet the needs of that Member State.

(2)

It is not possible to meet the demand for seed potatoes with seed potatoes from other Member States or from third countries which satisfy all the requirements laid down in Directive 2002/56/EC.

(3)

Accordingly, Sweden should be authorised to permit the marketing of seed potatoes subject to less stringent requirements for a period expiring on 30 June 2009.

(4)

In addition, other Member States, which are in a position to supply Sweden with seed potatoes irrespective of whether the seed potatoes were harvested in a Member State or in a third country, should be authorised to permit the marketing of such seed potatoes.

(5)

It is appropriate that Sweden acts as a coordinator in order to ensure that the total amount of seed potatoes authorised pursuant to this Decision does not exceed the maximum quantity covered by this Decision.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

(a)

the number of plants showing symptoms of severe virus infection in the direct progeny of seed potatoes of the category ‘certified seed potatoes’ does not exceed the percentage set out in the Annex;

(b)

the official label states the percentage of plants showing symptoms of severe virus infection in the direct progeny of seed potatoes of the category ‘certified seed potatoes’ ascertained in the official examination pursuant to Article 2(c)(iv) of Directive 2002/56/EC;

(c)

seed potatoes are placed on the market in accordance with Article 2 of this Decision.

(a)

there is sufficient evidence to doubt whether the supplier is able to place on the market the amount of seed potatoes for which he has applied for authorisation; or

(b)

the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.

(1)

Certain amounts available for the budget years 2007 to 2013 to the European Agricultural Fund for Rural Development (EAFRD) are set out in the Annex to Commission Decision 2006/410/EC of 24 May 2006 setting the amounts which, pursuant to Articles 10(2), 143d and 143e of Council Regulation (EC) No 1782/2003, Article 4(1) of Council Regulation (EC) No 378/2007 and Article 23(2) of Council Regulation (EC) No 479/2008 are made available to the EAFRD and the amounts available for EAGF expenditure (2).

(2)

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 (3), has been repealed and replaced by Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (4) as from 1 January 2009.

(3)

Regulation (EC) No 73/2009 has introduced in its Article 7 new increased rates for compulsory modulation. In accordance with Article 1(5) of Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments (5) the increase in compulsory modulation rates has to be deducted from the voluntary modulation rate.

(4)

Consequently, the amounts of voluntary and compulsory modulation to be made available to the EAFRD have changed.

(5)

In the interest of clarity Decision 2006/410/EC should be repealed and replaced by a new text,