24.12.2008

EN

Official Journal of the European Union

L 348/1

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COUNCIL REGULATION (EC) No 1340/2008

of 8 December 2008

on trade in certain steel products between the European Community and the Republic of Kazakhstan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)	Article 17(1) of the Partnership and Cooperation Agreement between the European Communities and their Member States, and the Republic of Kazakhstan (1) provides that trade in certain steel products are to be subject to a specific agreement on quantitative arrangements.

(2)

The Bilateral Agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products (2) concluded on 19 July 2005 expired on 31 December 2006. Since 2007 and 2008 autonomous measures established by Council Regulation (EC) No 1870/2006 (3) and Council Regulation (EC) No 1531/2007 (4) respectively have governed the trade in certain steel products between the European Community and Kazakhstan.

(3)	Pending the signature and entry into force of a new agreement or Kazakhstan’s accession to the World Trade Organisation (WTO), quantitative limits starting in 2009 should be established.

(4)	Given that the conditions that led to the fixing of the quantitative limits for 2007 and 2008 remain largely in place, it is appropriate to set the quantitative limits for 2009 at the same level as that of 2007 and 2008.

(5)	It is necessary to provide the means to administer this regime within the Community in such a way as to facilitate the implementation of the new Agreement by envisaging as much as possible similar provisions.

(6)	It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end.

(7)	Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question.

(8)	The effective application of this Regulation calls for the introduction of a requirement for a Community import licence for the entry into free circulation in the Community of the products in question.

(9)

In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States do not issue import licences before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question,

HAS ADOPTED THIS REGULATION:

Article 1

1.   This Regulation shall apply to imports into the Community of steel products listed in Annex I originating in the Republic of Kazakhstan.

2.   The steel products shall be classified in product groups as set out in Annex I.

3.   The classification of products listed in Annex I shall be based on the Combined Nomenclature (CN) established by Council Regulation (EEC) No 2658/87 (5).

4.   The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.

Article 2

1.   The importation into the Community of the steel products listed in Annex I originating in the Republic of Kazakhstan shall be subject to the quantitative limits laid down in Annex V. The release for free circulation in the Community of the products set out in Annex I originating in the Republic of Kazakhstan shall be subject to the presentation of a certificate of origin, set out in Annex II, and of an import licence issued by the Member States’ authorities in accordance with Article 4.

2.   In order to ensure that quantities for which import licences are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities listed in Annex IV shall issue import licences only upon confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant product group of steel products in respect of the supplier country, for which an importer or importers have submitted applications to the said authorities.

3.   The authorised imports shall be counted against the relevant quantitative limit set out in Annex V. Shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport.

Article 3

1.   The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system).

2.   Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the relevant quantitative limit set out in Annex V.

Article 4

1.   For the purpose of applying Article 2(2), before issuing import licences, the competent authorities listed in Annex IV shall notify the Commission of the amounts of the requests for import licences, supported by original export licences, which they have received. By return, the Commission shall notify whether the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States are received (first-come, first-served basis).

2.   The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product code concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.

3.   As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each group of products.

4.   The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import licence. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.

5.   The notifications referred to in paragraphs 1 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.

6.   The import licences or equivalent documents shall be issued in accordance with Articles 12 to 16.

7.   The competent authorities of the Member States shall notify the Commission of any cancellation of import licences or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities of the Republic of Kazakhstan. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of the Republic of Kazakhstan of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the relevant quantitative limit set out in Annex V.

Article 5

1.   Where the Commission has indications that products listed in Annex I originating in the Republic of Kazakhstan have been transhipped, re-routed or otherwise imported into the Community through circumvention of the quantitative limits referred to in Article 2 and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened so that agreement may be reached on the necessary adjustment of the corresponding quantitative limits to be made.

2.   Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the Republic of Kazakhstan to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out.

3.   Should the Community and the Republic of Kazakhstan fail to arrive at a satisfactory solution and should the Commission note that there is clear evidence of circumvention, the Commission shall deduct from the quantitative limits an equivalent volume of products originating in the Republic of Kazakhstan.

Article 6

1.   An export licence, to be issued by the competent authorities of the Republic of Kazakhstan, shall be required in respect of any consignment of steel products subject to the quantitative limits laid down in Annex V up to the level of the said limits.

2.   The original of the export licence shall be presented by the importer for the purposes of the issue of the import licence referred to in Article 12.

Article 7

1.   The export licence for quantitative limits shall conform to the specimen set out in Annex II and shall certify, inter alia, that the quantity of goods in question has been set off against the quantitative limit established for the product group concerned.

2.   Each export licence shall cover only one of the product groups listed in Annex I.

Article 8

Exports shall be set off against the relevant quantitative limits set out in Annex V and shipped within the meaning of Article 2(3).

Article 9

1.   The export licence referred to in Article 6 may include additional copies duly indicated as such. The export licence and the copies thereof as well as the certificate of origin and the copies thereof shall be drawn up in English.

2.   If the documents referred to in paragraph 1 are completed by hand, entries must be in ink and in block letters.

3.   The export licences or equivalent documents shall measure 210 × 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

4.   Only the original shall be accepted by the competent authorities in the Community as being valid for import purposes in accordance with the provisions of this Regulation.

5.   Each export licence or equivalent document shall bear a standardised serial number, whether or not printed, by which it can be identified.

6.   The serial number shall be composed of the following elements:

—	two letters identifying the exporting country as follows: KZ = Republic of Kazakhstan,

—

two letters identifying the Member State of intended destination as follows: BE = Belgium BG = Bulgaria CZ = Czech Republic DK = Denmark DE = Germany EE = Estonia IE = Ireland GR = Greece ES = Spain FR = France IT = Italy CY = Cyprus LV = Latvia LT = Lithuania LU = Luxembourg HU = Hungary MT = Malta NL = Netherlands AT = Austria PL = Poland PT = Portugal RO = Romania SI = Slovenia SK = Slovakia FI = Finland SE = Sweden GB = United Kingdom,

—	a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘9’ for 2009,

—	a two-digit number identifying the issuing office in the exporting country,

—	a five-digit number running consecutively from 00 001 to 99 999 allocated to the specific Member State of destination.

Article 10

The export licence may be issued after the shipment of the products to which it relates. In such cases it shall bear the endorsement ‘issued retrospectively’.

Article 11

In the event of the theft, loss or destruction of an export licence, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession.

The duplicate licence issued in this way shall bear the endorsement ‘duplicate’. It shall bear the date of the original licence.

Article 12

1.   To the extent that the Commission pursuant to Article 4 has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import licence within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Import licences shall be issued by the competent authorities of any Member State irrespective of the Member State indicated on the export licence, to the extent that the Commission, pursuant to Article 4, has confirmed that the amount requested is available within the quantitative limit in question.

2.   The import licences shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding four months.

3.   Import licences shall be drawn up in the form set out in Annex III and shall be valid throughout the customs territory of the Community.

4.   The declaration or request made by the importer in order to obtain the import licence shall contain:

(a)	the full name and address of the exporter;

(b)	the full name and address of the importer;

(c)	the exact description of the goods and the TARIC code(s);

(d)	the country of origin of the goods;

(e)	the country of consignment;

(f)	the appropriate product group and the quantity for the products in question;

(g)	the net weight by TARIC heading;

(h)	the c.i.f. value of the products at Community frontier by TARIC heading;

(i)	whether the products concerned are seconds or of substandard quality;

(j)	where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;

(k)	date and number of the export licence;

(l)	any internal code used for administrative purposes;

(m)	date and signature of importer.

5.   Importers shall not be obliged to import the total quantity covered by an import licence in a single consignment.

Article 13

The validity of import licences issued by the authorities of the Member States shall be subject to the validity of export licences and the quantities indicated in the export licences issued by the competent authorities of the Republic of Kazakhstan on the basis of which the import licences have been issued.

Article 14

Import licences or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2(2) and without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with other conditions required under the current rules.

Article 15

1.   If the Commission finds that the total quantities covered by export licences issued by the Republic of Kazakhstan for a particular product group exceed the quantitative limit established for that product group, the competent licence authorities in the Member States shall be informed immediately in order to suspend the further issue of import licences. In this event, consultations shall be initiated forthwith by the Commission.

2.   The competent authorities of a Member State shall refuse to issue import licences for products originating in the Republic of Kazakhstan which are not covered by export licences issued in accordance with Articles 6 to 11.

Article 16

1.   The forms to be used by the competent authorities of the Member States for issuing the import licences referred to in Article 12 shall conform to the specimen of the import licence set out in Annex III.

2.   Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder’s copy’ and bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.

3.   Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.

4.   Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an identification of the printer’s name and address or a mark enabling the printer to be identified.

5.   At the time of their issue the import licences or extracts shall be given an issue number determined by the competent authorities of the Member State. The import licence number shall be notified to the Commission electronically within the integrated network set up under Article 4.

6.   Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.

7.   In box 10 the competent authorities shall indicate the appropriate steel product group.

8.   The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority’s stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.

9.   The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued. If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall place their stamp in such a way that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.

10.   Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.

11.   The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one of the official languages of that Member State.

Article 17

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 2009. In the event that Kazakhstan accedes to the WTO, this Regulation shall expire as of the date of accession (6).

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(1)  OJ L 196, 28.7.1999, p. 3.

(2)  OJ L 232, 8.9.2005, p. 64.

(3)  OJ L 360, 19.12.2006, p. 1.

(4)  OJ L 337, 21.12.2007, p. 2.

(5)  OJ L 256, 7.9.1987, p. 1.

(6)  The date of expiry will be published by the European Commission in the Official Journal of the European Union.

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24.12.2008

EN

Official Journal of the European Union

L 348/19

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COUNCIL REGULATION (EC) No 1341/2008

of 18 December 2008

amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue-generating projects

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 161 thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(1)	The regulatory framework for the 2007-2013 programming period was prepared and negotiated with the aims of consolidating the simplification of programming and management of the Funds, the effectiveness of assistance provided by them and subsidiarity in their implementation.

(2)	A more precise and more stringent approach based on the calculation of maximum eligible expenditure has been put in place for the processing of revenue-generating projects covered by Article 55 of Regulation (EC) No 1083/2006 (3).

(3)

A number of difficulties have been highlighted in connection with the application of the provisions of Article 55, including a disproportionate administrative burden, especially for operations co-financed by the European Social Fund and small operations financed by the European Regional Development Fund (ERDF) or Cohesion Fund.

(4)	These difficulties may have adverse consequences in terms of operation management, especially for projects in areas of Community priority such as the environment, social inclusion, research, innovation or energy, and in terms of the administrative burden. Article 55 should therefore be simplified.

(5)	This simplification should apply to all projects receiving assistance from the Structural Funds or Cohesion Fund during the 2007-2013 programming period. Retroactive application is therefore necessary.

(6)	Regulation (EC) No 1083/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 55(5) of Regulation (EC) No 1083/2006 shall be replaced by the following:

Article 2

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

It shall apply from 1 August 2006 to all operations receiving assistance from the Structural Funds or Cohesion Fund during the 2007-2013 programming period.

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(1)  Assent of 16 December 2008 (not yet published in the Official Journal).

(2)  Opinion of 27 October 2008 (not yet published in the Official Journal).

(3)  OJ L 210, 31.7.2006, p. 25.

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24.12.2008

EN

Official Journal of the European Union

L 348/20

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COUNCIL REGULATION (EC) No 1342/2008

of 18 December 2008

establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

Council Regulation (EC) No 423/2004 of 26 February 2004 on establishing measures for the recovery of cod stocks (2) intends to ensure the safe recovery of the cod stocks in the Kattegat, the North Sea including the Skagerrak and the eastern Channel, to the west of Scotland and the Irish Sea, to the precautionary stock sizes advised by scientists within a time-frame of five to ten years.

(2)

Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that the reductions in cod catches arising from the collective effect of total allowable catches (TACs), technical measures and complementary effort management measures, including monitoring and control to prevent the catching and landing of cod caught by illegal, unreported and unregulated fishing, have been far from sufficient to reduce fishing mortalities to levels required to allow the cod stocks to rebuild and none of the four cod stocks covered by Regulation (EC) No 423/2004 show clear signs of recovery, although the stocks in the North Sea are showing some signs of improvement.

(3)	It appears necessary to reinforce the regime and to introduce a long-term plan in order to achieve sustainable exploitation of cod stocks on the basis of maximum sustainable yield.

(4)

According to recent scientific submissions, in particular on long-term trends of marine ecosystems, desirable long-term levels of biomass cannot be determined with accuracy. As a consequence, the objective of the long-term plan should be changed from a biomass-based target to a fishing mortality-based target, which should also be applied to permitted levels of fishing effort.

(5)	The North Sea cod stock is shared with Norway and is jointly managed. The measures provided for in this Regulation should take due account of consultations with Norway pursuant to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway (3).

(6)

In the event that the Scientific, Technical and Economic Committee for Fisheries (STECF) is not able to advise on a TAC due to lack of sufficiently accurate and representative information, provisions should be established to ensure that a TAC can be set in a consistent manner even under poor data conditions.

(7)

In order to ensure the attainment of fishing mortality targets, and to contribute to minimising discards, fishing opportunities in terms of fishing effort need also to be fixed at levels which are consistent with the multiannual strategy. Such fishing opportunities should, as far as possible, be defined by types of fishing gear on the basis of current fishing practices. It is appropriate to provide for a periodical review of the effectiveness of the management system and to ensure, in particular, that when cod stocks reach levels that allow for exploitation rendering maximum sustainable yield, the system of regulating fishing effort is reviewed.

(8)

New mechanisms should be introduced to encourage fishermen to engage in cod-avoidance programmes. Any such cod-avoidance or discard reduction programmes are more likely to succeed if they are developed in cooperation with the fishing industry. Accordingly, such programmes developed with Member States should be considered an effective means of promoting sustainability and their development should be encouraged. Moreover, Member States should exercise their power to allocate access to fishing for cod stocks so as to encourage their fishermen to fish in ways that result in more selective fishing and are less harmful to the environment.

(9)

The establishment and allocation of catch limits, the fixing of the minimum and precautionary levels of stocks and of the level of fishing mortality rates, as well as the maximum allowable fishing effort for each effort group by Member State and the exclusion of certain groups of vessels from the effort regime laid down in this Regulation are measures of prime importance in the common fisheries policy (CFP). It is appropriate that the Council should reserve for itself the right to exercise implementing powers directly in relation to these specific matters.

(10)

The measures necessary for the implementation of certain provisions of this Regulation, in particular, those related to the adaptations of fishing effort limits within the maximum allowable fishing effort established by the Council should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 on laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(11)	Control measures in addition to those laid down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (5) should be introduced to ensure compliance with the measures laid down in this Regulation.

(12)

Rules should be established to qualify the long-term plan introduced by this Regulation taking into account the situation of the relevant stocks as a recovery plan within the meaning of Article 5 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (6), and for the purposes of Article 21(a)(i) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (7) or, in the alternative, as a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002, and for the purposes of Article 1(a)(iv) of Regulation (EC) No 1198/2006.

(13)	Regulation (EC) No 423/2004 should be repealed and replaced by this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes a plan for four cod stocks corresponding to the following geographical areas:

(a)	the Kattegat;

(b)	the North Sea, the Skagerrak and the eastern Channel;

(c)	the west of Scotland;

(d)	the Irish Sea.

Article 2

Definitions

For the purposes of this Regulation, in addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, the following definitions shall apply:

(a)	‘effort group’ means a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping and an area as set out in Annex I;

(b)	‘aggregated effort group’ means the combination of all Member States’ effort groups having the same gear grouping and area;

(c)	‘catch per unit effort’ means the quantity of cod caught and expressed in live weight by one unit of fishing effort expressed in kW-days during one year;

(d)	‘appropriate age groups’ means ages 3, 4 and 5 for cod in the Kattegat; ages 2, 3 and 4 for cod in the Irish Sea, in the North Sea, Skagerrak and the eastern Channel; ages 2, 3, 4 and 5 for cod in the west of Scotland; or other age groups as advised as appropriate by STECF.

Article 3

Geographical definitions

For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:

(a)

‘Kattegat’ means that part of Division IIIa, as delineated by ICES, that is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenore to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(b)	‘North Sea’ means ICES Subarea IV and that part of ICES Division IIIa not covered by the Skagerrak and Kattegat and that part of ICES Division IIa which lies within waters under the sovereignty or jurisdiction of Member States;

(c)	‘Skagerrak’ means that part of ICES Division IIIa bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast;

(d)	‘eastern Channel’ means ICES Division VIId;

(e)	‘Irish Sea’ means ICES Division VIIa;

(f)	‘west of Scotland’ means ICES Division VIa and that part of ICES Division Vb which lies within waters under the sovereignty or jurisdiction of Member States.

Article 4

Calculation of fishing effort

For the purposes of this Regulation, the fishing effort deployed by a group of vessels shall be calculated as the sum of the products of capacity-values in kW for each vessel and the number of days each vessel has been present within an area set out in Annex I. A day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the area and absent from port.

Article 5

Objective of the plan

1.   The plan referred to in Article 1 shall ensure the sustainable exploitation of the cod stocks on the basis of maximum sustainable yield.

2.   The objective set out in paragraph 1 shall be attained while maintaining the following fishing mortality on cod on appropriate age groups:

Stock	Fishing mortality
Cod in the Kattegat	0,4
Cod to the west of Scotland	0,4
Cod in the Irish Sea	0,4

3.   For the cod stock in the North Sea, the Skagerrak and the eastern Channel, the objective set out in paragraph 1 shall be attained while maintaining the fishing mortality on cod on appropriate age groups referred to in Article 8.

CHAPTER II

TOTAL ALLOWABLE CATCHES

Article 6

Minimum and precautionary levels

The minimum spawning biomass level and the precautionary spawning biomass level for each of the cod stocks shall be as follows:

Stock	Minimum spawning biomass Levels in tonnes	Precautionary spawning biomass Levels in tonnes
Cod in the Kattegat	6 400	10 500
Cod in the North Sea, Skagerrak and eastern Channel	70 000	150 000
Cod to the west of Scotland	14 000	22 000
Cod in the Irish Sea	6 000	10 000

Article 7

Procedure for setting TACs for cod stocks in the Kattegat the west of Scotland and the Irish Sea

1.   Each year, the Council shall decide on the TAC for the following year for each of the cod stocks in the Kattegat, the west of Scotland and the Irish Sea. The TAC shall be calculated by deducting the following quantities from the total removals of cod that are forecast by STECF as corresponding to the fishing mortality rates referred to in paragraphs 2 and 3:

(a)	a quantity of fish equivalent to the expected discards of cod from the stock concerned;

(b)	as appropriate a quantity corresponding to other sources of cod mortality caused by fishing to be fixed on the basis of a proposal from the Commission.

2.   The TAC shall, based on the advice of STECF, satisfy all of the following conditions:

(a)

if the size of the stock on 1 January of the year of application of the TAC is predicted by STECF to be below the minimum spawning biomass level established in Article 6, the fishing mortality rate shall be reduced by 25 % in the year of application of the TAC as compared with the fishing mortality rate in the previous year;

(b)

if the size of the stock on 1 January of the year of application of the TAC is predicted by STECF to be below the precautionary spawning biomass level set out in Article 6 and above or equal to the minimum spawning biomass level established in Article 6, the fishing mortality rate shall be reduced by 15 % in the year of application of the TAC as compared with the fishing mortality rate in the previous year; and

(c)

if the size of the stock on 1 January of the year of application of the TAC is predicted by STECF to be above or equal to the precautionary spawning biomass level set out in Article 6, the fishing mortality rate shall be reduced by 10 % in the year of application of the TAC as compared with the fishing mortality rate in the previous year.

3.   If the application of paragraph 2(b) and (c) would, based on the advice of STECF, result in a fishing mortality rate lower than the fishing mortality rate specified in Article 5(2), the Council shall set the TAC at a level resulting in a fishing mortality rate as specified in that Article.

4.   When giving its advice in accordance with paragraphs 2 and 3, STECF shall assume that in the year prior to the year of application of the TAC the stock is fished with an adjustment in fishing mortality equal to the reduction in maximum allowable fishing effort that applies in that year.

5.   Notwithstanding paragraph 2(a), (b) and (c) and paragraph 3, the Council shall not set the TAC at a level that is more than 20 % below or above the TAC established in the previous year.

Article 8

Procedure for setting TACs for the cod stock in the North Sea, the Skagerrak and the eastern Channel

1.   Each year, the Council shall decide on the TACs for the cod stock in the North Sea, the Skagerrak and the eastern Channel. The TACs shall be calculated by applying the reduction rules set out in Article 7 paragraph 1(a) and (b).

2.   The TACs shall initially be calculated in accordance with paragraphs 3 and 5. From the year where the TACs resulting from the application of paragraphs 3 and 5 would be lower than the TACs resulting from the application of paragraphs 4 and 5, the TACs shall be calculated according to the paragraphs 4 and 5.

3.   Initially, the TACs shall not exceed a level corresponding to a fishing mortality which is a fraction of the estimate of fishing mortality on appropriate age groups in 2008 as follows: 75 % for the TACs in 2009, 65 % for the TACs in 2010, and applying successive decrements of 10 % for the following years.

4.   Subsequently, if the size of the stock on 1 January of the year prior to the year of application of the TACs is:

(a)	above the precautionary spawning biomass level, the TACs shall correspond to a fishing mortality rate of 0,4 on appropriate age groups;

(b)

between the minimum spawning biomass level and the precautionary spawning biomass level, the TACs shall not exceed a level corresponding to a fishing mortality rate on appropriate age groups equal to the following formula: 0,4 – (0,2 * (Precautionary spawning biomass level – spawning biomass) / (Precautionary spawning biomass level – minimum spawning biomass level))

(c)	at or below the limit spawning biomass level, the TACs shall not exceed a level corresponding to a fishing mortality rate of 0,2 on appropriate age groups.

5.   Notwithstanding paragraphs 3 and 4, the Council shall not set the TACs for 2010 and subsequent years at a level that is more than 20 % below or above the TACs established in the previous year.

6.   Where the cod stock referred to in paragraph 1 has been exploited at a fishing mortality rate close to 0,4 during three successive years, the Commission shall evaluate the application of this Article and, where appropriate, propose relevant measures to amend it in order to ensure exploitation at maximum sustainable yield.

Article 9

Procedure for setting TACs in poor data conditions

Where, due to lack of sufficiently accurate and representative information, STECF is not able to give advice allowing the Council to set the TACs in accordance with Articles 7 or 8, the Council shall decide as follows:

(a)	where STECF advises that the catches of cod should be reduced to the lowest possible level, the TACs shall be set according to a 25 % reduction compared to the TAC in the previous year;

(b)	in all other cases the TACs shall be set according to a 15 % reduction compared to the TAC in the previous year, unless STECF advises that this is not appropriate.

Article 10

Adaptation of measures

1.   When the target fishing mortality rate in Article 5(2) has been reached or in the event that STECF advises that this target, or the minimum and precautionary spawning biomass levels in Article 6 or the levels of fishing mortality rates given in Article 7(2) are no longer appropriate in order to maintain a low risk of stock depletion and a maximum sustainable yield, the Council shall decide on new values for these levels.

2.   In the event that STECF advises that any of the cod stocks is failing to recover properly, the Council shall take a decision which:

(a)	sets the TAC for the relevant stock at a level lower than that provided for in Articles 7, 8 and 9;

(b)	sets the maximum allowable fishing effort at a level lower than that provided for in Article 12;

(c)	establishes associated conditions as appropriate.

CHAPTER III

FISHING EFFORT LIMITATION

Article 11

Fishing effort regime

1.   The TACs set out in Articles 7, 8 and 9 shall be complemented by a fishing effort regime whereby fishing opportunities in terms of fishing effort are allocated to Member States on an annual basis.

2.   The Council may, acting on a Commission proposal and on the basis of the information provided by Member States and the advice of STECF referred to in paragraph 3, exclude certain groups of vessels from the application of the effort regime provided that:

(a)	appropriate data on cod catches and discards are available to allow STECF to assess the percentage of cod catches made by each group of vessels concerned;

(b)	the percentage of cod catches as assessed by STECF does not exceed 1,5 % of the total catches for each group of vessels concerned; and

(c)	the inclusion of these groups of vessels in the effort regime would constitute an administrative burden disproportionate to their overall impact on cod stocks.

If STECF is not in position to assess that these conditions remain fulfilled, the Council shall include each group of vessels concerned in the effort regime.

3.   Member States shall provide annually appropriate information to the Commission and STECF to establish that the above conditions are and remain fulfilled in accordance with detailed rules to be adopted by the Commission.

Article 12

Fishing effort allocations

1.   Each year, the Council shall decide on the maximum allowable fishing effort for each effort group by Member State.

2.   The maximum allowable fishing effort shall be calculated by means of a baseline established as follows:

(a)	for the first year of application of this Regulation the baseline shall be established for each effort group as the average effort in kW-days spent during the years 2004-2006 or 2005-2007, according to the preference of the Member State concerned, based on the advice of STECF;

(b)	for the subsequent years of application of this Regulation the baseline shall be equal to the maximum allowable fishing effort of the previous year.

3.   The effort groups for which an annual adjustment in the maximum allowable fishing effort shall be applied shall be decided on the following basis:

(a)

the catches of cod taken by vessels in each of the effort groups shall be evaluated on the basis of data submitted by Member States in accordance with Articles 18, 19 and 20 of Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy (8);

(b)	a list shall be compiled for each of the areas defined in Annex I to this Regulation of the aggregated effort groups and their corresponding cod catches, including discards. This list shall be arranged in ascending order of cod catch in each effort group;

(c)

the cumulative catches of cod in the lists established according to point (b) shall be calculated in following way. For each aggregated effort group, the sum shall be calculated of the cod catch by that effort group and the cod catches made by all aggregated effort groups in the preceding entries in the list;

(d)	the cumulative catches calculated according to point (c) shall be calculated as a percentage of the total cod catch by all aggregated effort groups in the same area.

4.   For aggregated effort groups where the percentage cumulative catch calculated according to paragraph 3(b) is equal to or exceeds 20 %, annual adjustments shall apply to the effort groups concerned. The maximum allowable fishing effort of the groups concerned shall be calculated as follows:

(a)	where Articles 7 or 8 applies, by applying to the baseline the same percentage adjustment as that set out in those Articles for fishing mortality;

(b)	where Article 9 applies, by applying to the baseline the same percentage adjustment in fishing effort as the reduction of the TAC.

5.   For effort groups other than those referred to in paragraph 4, the maximum allowable fishing effort shall be maintained at the level of the baseline.

Article 13

Allocation of additional fishing effort for highly selective gear and cod-avoiding fishing trips

1.   Member States may increase the maximum allowable fishing effort for effort groups for which the effort has been adjusted in accordance with Article 12(4) and subject to the conditions set out in paragraphs 2 to 7.

2.   The maximum allowable fishing effort may be increased within effort groups in which the fishing activity of one or more vessels:

(a)	is carried out having on board only one regulated gear the technical attributes of which result, according to a scientific study evaluated by STECF, in catching less than 1 % cod (highly selective gear);

(b)	results in a catch composition of less than 5 % cod per fishing trip (cod-avoiding fishing trips);

(c)	is conducted in accordance with a cod avoidance or discard reduction plan which reduces fishing mortality for cod among participating vessels by at least as much as the effort adjustment referred to in Article 12(4); or

(d)

is carried out in the west of Scotland area to the west of a line drawn by sequentially joining with rhumb lines the positions laid down in Annex IV measured according to the WGS84 coordinate system, provided that the participating vessels are equipped with satellite-based vessel monitoring systems (VMS).

3.   Vessels referred to in paragraph 2 shall be subject to increased frequency of monitoring, concerning in particular:

(a)	the exclusive use of the highly selective gear during the fishing trips concerned in accordance with paragraph 2(a);

(b)	the amount of discards in compliance with paragraph 2(b);

(c)	the reduction in fishing mortality in accordance with paragraph 2(c);

(d)	the amount of catches and discards occurring to the west of the line specified in paragraph 2(d);

and subject to arrangements for the regular provision of data to the Member State concerning the respect of the special conditions laid down in those points.

4.   The increase of fishing effort under this Article shall be calculated for each of the vessels in the effort groups concerned that operate under special conditions referred to in paragraph 2, points (a), (b), (c) and (d), and shall be no more than the amount needed to compensate the effort adjustment referred to in Article 12(4) for the gears involved in those actions.

5.   Any increases of the fishing effort allocation carried out by the Member States shall be notified to the Commission, by April 30 of the year during which the compensation for the effort adjustment shall take place. The notification shall include details of the vessels operating under the special conditions referred to in points (a), (b), (c) and (d) of paragraph 2, the fishing effort per effort group that the Member State expects to be carried out by those vessels during that year, and the conditions under which the effort of the vessels is being monitored, including control arrangements.

6.   Member States shall report to the Commission by 1 March each year at the latest about the amounts of effort used within the actions during the previous year.

7.   The Commission shall request STECF to compare annually the reduction in cod mortality which would result from the application of point (c) of paragraph 2 with the reduction it would have expected to occur as a result of the effort adjustment referred to in Article 12(4). In light of this advice the Commission may propose adjustments in effort that may be applied for the relevant gear grouping the following year.

Article 14

Member States’ obligations

1.   For the vessels flying its flag, each Member State shall decide on a method for allocating the maximum allowable fishing effort to individual vessels or a group of vessels, in the light of a number of criteria, including, for example:

(a)	promotion of good fishing practices, including data collection enhancement, discard reduction and minimisation of the impact on juvenile fish;

(b)	participation in cooperative programmes to avoid unnecessary by-catches of cod;

(c)	low impact on the environment, including fuel consumption and greenhouse gas emissions;

(d)	proportionality with respect to allocation of fishing opportunities in terms of fish quota.

2.   For each of the areas set out in Annex I to this Regulation, each Member State shall issue special fishing permits in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (9) for vessels flying its flag which engage in fishing activities in that area and using a gear belonging to one of the gear groupings set out in Annex I to this Regulation.

3.   For each of the areas set out in Annex I, the total capacity expressed in kW of the vessels having special fishing permits issued in accordance with paragraph 2 shall not be greater than the maximum capacity of the vessels that have been active in 2006 or 2007 using a regulated gear and fishing in the geographical area concerned.

4.   Each Member State shall establish and maintain a list of vessels holding the special permit referred to in paragraph 2 and make it available on its official website to the Commission and other Member States.

Article 15

Regulation of fishing effort

Member States shall monitor the capacity and activity of their fleet by effort groups and shall take appropriate action if the maximum allowable fishing effort established in accordance with Article 12 is about to be reached, in order to ensure that the effort will not exceed the set limits.

Article 16

Exchange of maximum allowable fishing effort between Member States and reconstitution of effort

1.   The maximum allowable fishing effort established in accordance with Article 11 may be adapted by the Member States concerned in view of:

(a)	the exchange of quotas carried out pursuant to Article 20(5) of Regulation (EC) No 2371/2002; and

(b)	reallocations and/or deductions made pursuant to Article 23(4) of Regulation (EC) No 2371/2002 and Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93.

2.   The maximum allowable fishing effort established in accordance with Article 12 may be adapted by a Member State which discontinues the exchange of quotas in any of the areas mentioned in Article 3, to the extent that this Member State used to execute these exchanges during the reference period for establishing the baselines as specified in Article 12(2), and needs to exert additional effort in any of the effort groups concerned in order to use the quota recovered. This reconstitution of effort shall be accompanied by a reduction in total allowable fishing effort by the Member State that has returned the quota to the quota recovering Member State, reflecting the extent to which its effort groups have less quota available for fishing, unless the Member State returning the quota did not use the corresponding effort for establishing the abovementioned baselines.

3.   Notwithstanding Article 17(2), in 2009, Member States may modify their effort allocations by transferring fishing effort and capacity between the geographical areas referred to in Article 3, provided that this transfer involves fishing activities referred to in Article 13(2)(a) and (b). Such transfers shall be notified to the Commission. The maximum allowable fishing effort referred to in Article 12(2)(a) shall be modified accordingly.

Article 17

Exchange of maximum allowable fishing effort across effort groups

1.   A Member State may amend its effort allocations by transferring fishing capacity across effort groups, under the conditions set out in paragraphs 2 to 5.

2.   The transfer shall be allowed between gear groupings but not between geographical areas, provided that the Member State concerned provides the Commission with information on the catch per unit effort (cpue) of its donor and receiving gear group, averaged over the last three years.

3.   Where the cpue of the donor gear group is higher than the cpue of the receiving gear group, the transfer shall in general be made on a 1 kW-day to 1 kW-day basis.

4.   Where the cpue of the donor gear group is lower than the cpue of the receiving gear group, the Member State shall apply a correction factor to the amount of effort in the receiving gear group so that the latter’s higher cpue is compensated for.

5.   The Commission shall request STECF to develop standard correction factors that might be used to facilitate the transfer of effort across gear groups with different cpue.

CHAPTER IV

MONITORING, INSPECTION AND SURVEILLANCE

Article 18

Relationship with Regulation (EEC) No 2847/93

The control measures provided for in this Chapter shall apply in addition to those prescribed in Regulation (EEC) No 2847/93.

Article 19

Logbook checks

1.   For vessels fitted with a VMS, Member States shall verify that the information received at the fisheries monitoring centres corresponds to activities recorded in the logbook by using VMS data. Such cross-checks shall be recorded in computer-readable form for a period of three years.

2.   Each Member State shall maintain and make available on its official website the contact details for the submission of logbooks and landing declarations.

Article 20

Weighing of cod first landed

1.   The master of a fishing vessel shall ensure that any quantity of cod exceeding 300 kg caught in the areas set out in Article 3 and landed in a Community port shall be weighed on board or in the port of landing before sale or before being transported elsewhere. The scales used for the weighing shall be approved by the competent national authorities. The figure resulting from the weighing shall be used for the declaration referred to in Article 8 of Regulation (EEC) No 2847/93.

2.   By way of derogation from paragraph 1, Member States may permit the weighing of cod to take place at a fish auction on the territory of the Member State provided that the landing has been subject to a physical inspection and that the fish has been sealed before transport directly to the fish auction and remains sealed until the weighing takes place. The transport document shall indicate the details of the inspection carried out at landing.

Article 21

Inspection benchmarks

Each Member State with vessels concerned by this Regulation shall set specific inspection benchmarks. Such benchmarks shall be revised periodically after an analysis has been made of the results achieved. Inspection benchmarks shall evolve progressively until the target benchmarks defined in Annex II are reached.

Article 22

Prohibition on transhipping

The transhipment of cod at sea is prohibited in the geographical areas set out in Article 3.

Article 23

National control action programmes

1.   Member States with vessels concerned by this Regulation shall define a national control action programme in accordance with Annex III.

2.   Before 31 January each year, Member States with vessels concerned by this Regulation shall make available to the Commission and other Member States concerned by this Regulation on its official website their national control action programmes together with an implementation schedule.

3.   The Commission shall convene at least once a year a meeting of the Committee for Fisheries and Aquaculture to evaluate compliance with and the results of the national control action programmes for cod stocks concerned by this Regulation.

Article 24

Prior notification

1.   The master of a Community fishing vessel, or his/her representative, prior to any entry into port or any landing location of a Member State carrying more than one tonne of cod on board shall inform the competent authorities of that Member State, at least four hours in advance of such entry, of:

(a)	the name of the port or landing location;

(b)	the estimated time of arrival at that port or landing location;

(c)	the quantities in kg live weight of all species of which more than 50 kg is retained on board.

2.   The competent authorities of a Member State in which a landing of more than one tonne of cod is to be made may require that the discharge of catch retained on board shall not commence until authorised by those authorities.

3.   The master of a Community fishing vessel, or his/her representative, wishing to tranship or discharge at sea any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State, at least 24 hours prior to transhipping or discharging at sea or to landing in a third country, of the information referred to in paragraph 1.

Article 25

Designated ports

1.   Where more than two tonnes of cod are to be landed in the Community from a Community fishing vessel, the master of the vessel shall ensure that such landings are made only at designated ports.

2.   Each Member State shall designate ports into which any landing of cod in excess of two tonnes shall take place.

3.   Each Member State shall make available on their public website the list of designated ports and associated inspection and surveillance procedures for those ports, including the terms and conditions for recording and reporting the quantities of cod within each landing.

The Commission shall transmit this information to all Member States.

Article 26

Margin of tolerance in the estimation of quantities reported in the logbook

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States catches of fish (10), the permitted margin of tolerance, in the estimation of quantities of cod, in kg retained on board, shall be 8 % of the logbook figure.

Article 27

Separate stowage of cod

It shall be prohibited to retain on board a Community fishing vessel, in any container, any quantity of cod mixed with any other species of marine organisms. Containers with cod shall be stowed in the hold in such a way that they are kept separate from other containers.

Article 28

Transport of cod

1.   The competent authorities of a Member State may require that any quantity of cod caught in any of the geographical areas defined in Article 3 and first landed in that Member State is weighed in the presence of controllers before being transported elsewhere from the port of first landing. For cod first landed in a port designated pursuant to Article 24, representative samples, amounting to at least 20 % of the landings in number shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

2.   By way of derogation from the conditions laid down in Article 13 of Regulation (EEC) No 2847/93, all quantities of cod greater than 50 kg which are transported to a place other than that of first landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of that Regulation pertaining to the quantities of cod transported. The exemption provided for in Article 13(4)(b) of that Regulation shall not apply.

Article 29

Specific monitoring programmes

By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programmes for the cod stocks concerned may last more than two years from their date of entry into force.

CHAPTER V

DECISION-MAKING AND FINAL PROVISIONS

Article 30

Decision-making procedure

Where this Regulation provides for decisions to be taken by the Council, the Council shall act by qualified majority on the basis of a proposal from the Commission.

Article 31

Amendments to Annex I

Based on the advice of STECF, the Commission may amend the Annex I to this Regulation in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002 and on the basis of the following principles:

(a)	effort groups shall be laid down as homogeneously as possible with respect to the biological stocks captured, the sizes of fish captured either as target or as by-catch and the effects on the environment of the fishing activities associated to the effort groups;

(b)	the number and size of effort groups shall be cost-efficient in terms of management burden relative to conservation needs.

Article 32

Detailed rules

Detailed rules for the application of Articles 11(3), 14, 16 and 17 of this Regulation may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

Article 33

Assistance under the European Fisheries Fund

1.   For each of the four cod stocks referred to in Article 1, for those years in which the stock is situated below the relevant precautionary spawning biomass level set out in Article 6, the long-term plan shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002, and for the purposes of Article 21(a)(i) of Regulation (EC) No 1198/2006.

2.   For each of the four cod stocks referred to in Article 1, for those years other than those referred to in paragraph 1, the long-term plan shall be deemed to be a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002, and for the purposes of Article 21(a)(iv) of Regulation (EC) No 1198/2006.

Article 34

Review

The Commission shall, on the basis of advice from STECF and after consultation of the relevant Regional Advisory Council, evaluate the impact of the management measures on the cod stocks concerned and the fisheries on those stocks, at the latest in the third year of application of this Regulation and then each third successive year of application of this Regulation and, where appropriate, propose relevant measures to amend it.

Article 35

Repeal

Regulation (EC) No 423/2004 is hereby repealed.

Article 36

Entry into force

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 2009.

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(1)  Opinion of 21 October 2008 (not yet published in the Official Journal).

(2)  OJ L 70, 9.3.2004, p. 8.

(3)  OJ L 226, 29.8.1980, p. 48.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 261, 20.10.1993, p. 1.

(6)  OJ L 358, 31.12.2002, p. 59.

(7)  OJ L 223, 15.8.2006, p. 1.

(8)  OJ L 60, 5.2.2008, p. 1.

(9)  OJ L 171, 6.7.1994, p. 7.

(10)  OJ L 276, 10.10.1983, p. 1.

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24.12.2008

EN

Official Journal of the European Union

L 348/34

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COMMISSION REGULATION (EC) No 1343/2008

of 23 December 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 24 December 2008.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 350, 31.12.2007, p. 1.

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24.12.2008

EN

Official Journal of the European Union

L 348/36

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COMMISSION REGULATION (EC) No 1344/2008

of 23 December 2008

publishing, for 2009, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (2), and in particular the fourth paragraph of Article 3 thereof,

Whereas:

The full version of the refund nomenclature valid at 1 January 2009, as it ensues from the regulatory provisions on export arrangements for agricultural products, should be published,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3846/87 is amended as follows:

1.	Annex I is replaced by the text in Annex I to this Regulation.

2.	Annex II is replaced by the text in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2009.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 366, 24.12.1987, p. 1.

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