Pending: 32002D0079

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1) and in particular Article 10(1) thereof,Whereas:(1) Peanuts originating in or consigned from China have been found to be, in many cases, contaminated with excessive levels of aflatoxin B1 and total aflatoxin.(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, causes cancer of the liver and in addition is genotoxic.(3) Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 1566/1999(3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. These limits have been considerably exceeded in samples of peanuts originating in or consigned from China.(4) This constitutes a serious threat to public health within the Community and it is therefore imperative to adopt protective measures at Community level.(5) A mission was carried out by the European Commission’s Food and Veterinary Office (FVO) in China from 8 to 21 May 2001 to assess the control systems in place to prevent aflatoxin contamination in peanuts intended for export to the European Community. The mission revealed, inter alia, that the control over aflatoxins in peanuts is minimal in production or general processing. Deficiencies in laboratory performance were also observed. It is therefore appropriate to subject peanuts or products derived from peanuts originating in or consigned from China to special conditions to provide a high level of protection to public health.(6) It is necessary that peanuts and products derived from peanuts have been produced, sorted, handled, processed, packaged and transported following good hygiene practices. It is necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from the consignment immediately prior to leaving China.(7) The Chinese authorities should provide documentary evidence to accompany each consignment of peanuts originating in or consigned from China, relating to the conditions of production, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the consignment for levels of aflatoxin B1 and total aflatoxin.(8) From the findings of the abovementioned mission, it can be concluded that the Chinese authorities cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification. Therefore, the reliability of any certificate issued for peanuts originating from China raises serious doubts with regard to its reliability.(9) It is therefore necessary in order to safeguard public health that all lots of peanuts originating in or consigned from China, imported in the European Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market. Given that this measure has a serious impact on the control resources of the Member States, the results of this measure will be evaluated after a short period of time and the measures amended if appropriate.(10) The Standing Committee for Foodstuffs has been consulted on 2 April 2001 and on 19 July 2001,HAS ADOPTED THIS DECISION:Article 11. Member States may not import products falling in any of the following categories originating in or consigned from China, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China:- peanuts falling within CN code 1202 10 90 or 1202 20 00,- peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1 kg) or 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),- roasted peanuts falling within CN codes 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packs of a net content not exceeding 1 kg).2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.4. The Competent Authorities in each Member State shall ensure that imported peanuts originating in or consigned from China are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.5. Member States shall undertake sampling and analysis of each consignment of peanuts originating in or consigned from China for aflatoxin B1 and total aflatoxin before release onto the market from the port of entry into the Community, and shall inform the Commission of the results.Article 2This Decision shall be reviewed before 1 May 2002 at the latest, in order to assess whether the special conditions referred to in

Article 1
1. Member States may not import products falling in any of the following categories originating in or consigned from China, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China:
– peanuts falling within CN code 1202 10 90 or 1202 20 00,
– peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1 kg) or 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),
– roasted peanuts falling within CN codes 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packs of a net content not exceeding 1 kg).
2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.
3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.
4. The Competent Authorities in each Member State shall ensure that imported peanuts originating in or consigned from China are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.
5. Member States shall undertake sampling and analysis of each consignment of peanuts originating in or consigned from China for aflatoxin B1 and total aflatoxin before release onto the market from the port of entry into the Community, and shall inform the Commission of the results.

Article 2
This Decision shall be reviewed before 1 May 2002 at the latest, in order to assess whether the special conditions referred to in Article 1 provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the sampling and analysis of each consignment by the competent authority of the importing Member State.

Article 3
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 4 February 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 175, 19.7.1993, p. 1.
(2) OJ L 31, 1.2.1997, p. 48.
(3) OJ L 184, 17.7.1999, p. 17.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1) and in particular Article 10(1) thereof,Whereas:(1) Peanuts originating in or consigned from China have been found to be, in many cases, contaminated with excessive levels of aflatoxin B1 and total aflatoxin.(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, causes cancer of the liver and in addition is genotoxic.(3) Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 1566/1999(3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. These limits have been considerably exceeded in samples of peanuts originating in or consigned from China.(4) This constitutes a serious threat to public health within the Community and it is therefore imperative to adopt protective measures at Community level.(5) A mission was carried out by the European Commission’s Food and Veterinary Office (FVO) in China from 8 to 21 May 2001 to assess the control systems in place to prevent aflatoxin contamination in peanuts intended for export to the European Community. The mission revealed, inter alia, that the control over aflatoxins in peanuts is minimal in production or general processing. Deficiencies in laboratory performance were also observed. It is therefore appropriate to subject peanuts or products derived from peanuts originating in or consigned from China to special conditions to provide a high level of protection to public health.(6) It is necessary that peanuts and products derived from peanuts have been produced, sorted, handled, processed, packaged and transported following good hygiene practices. It is necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from the consignment immediately prior to leaving China.(7) The Chinese authorities should provide documentary evidence to accompany each consignment of peanuts originating in or consigned from China, relating to the conditions of production, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the consignment for levels of aflatoxin B1 and total aflatoxin.(8) From the findings of the abovementioned mission, it can be concluded that the Chinese authorities cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification. Therefore, the reliability of any certificate issued for peanuts originating from China raises serious doubts with regard to its reliability.(9) It is therefore necessary in order to safeguard public health that all lots of peanuts originating in or consigned from China, imported in the European Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market. Given that this measure has a serious impact on the control resources of the Member States, the results of this measure will be evaluated after a short period of time and the measures amended if appropriate.(10) The Standing Committee for Foodstuffs has been consulted on 2 April 2001 and on 19 July 2001,HAS ADOPTED THIS DECISION:Article 11. Member States may not import products falling in any of the following categories originating in or consigned from China, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China:- peanuts falling within CN code 1202 10 90 or 1202 20 00,- peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1 kg) or 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),- roasted peanuts falling within CN codes 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packs of a net content not exceeding 1 kg).2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.4. The Competent Authorities in each Member State shall ensure that imported peanuts originating in or consigned from China are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.5. Member States shall undertake sampling and analysis of each consignment of peanuts originating in or consigned from China for aflatoxin B1 and total aflatoxin before release onto the market from the port of entry into the Community, and shall inform the Commission of the results.Article 2This Decision shall be reviewed before 1 May 2002 at the latest, in order to assess whether the special conditions referred to in
1. Member States may not import products falling in any of the following categories originating in or consigned from China, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the State Administration for Entry-Exit inspection and Quarantine of the People’s Republic of China:
– peanuts falling within CN code 1202 10 90 or 1202 20 00,
– peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1 kg) or 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),
– roasted peanuts falling within CN codes 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or 2008 11 96 (in immediate packs of a net content not exceeding 1 kg).
2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.
3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.
4. The Competent Authorities in each Member State shall ensure that imported peanuts originating in or consigned from China are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.
5. Member States shall undertake sampling and analysis of each consignment of peanuts originating in or consigned from China for aflatoxin B1 and total aflatoxin before release onto the market from the port of entry into the Community, and shall inform the Commission of the results.
This Decision shall be reviewed before 1 May 2002 at the latest, in order to assess whether the special conditions referred to in Article 1 provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the sampling and analysis of each consignment by the competent authority of the importing Member State.
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.
This Decision is addressed to the Member States.
Done at Brussels, 4 February 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 175, 19.7.1993, p. 1.
(2) OJ L 31, 1.2.1997, p. 48.
(3) OJ L 184, 17.7.1999, p. 17.
>PIC FILE= “L_2002034EN.002302.TIF”>
List of points of entry through which peanuts and products derived from peanuts originating in or consigned from China may be imported into the European Community

Pending: 32001D0131

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, hereinafter referred to as “the ACP-EC Agreement”, implemented in advance by Decision No 1/2000(1) of the ACP-EC Council of Ministers of 27 July 2000, and in particular Article 96 thereof,Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement, as provisionally applied by Decision 2000/771/EC(2) of the representatives of the Governments of the Member States of 18 September 2000, and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The essential elements referred to in Article 9 of the ACP-EC Agreement have been breached by non-compliance with the Electoral Law of Haiti.(2) In accordance with Article 96 of the ACP-EC Agreement, consultations took place with the ACP States and Haiti on 26 September 2000, on which occasion the Haitian authorities explained their position.(3) Democratic principles are still not upheld in Haiti.(4) Measures should therefore be taken as “appropriate measures” referred to under Article 96(2)(c) of the ACP-EC Agreement,HAS DECIDED AS FOLLOWS:Article 1The consultations opened with Haiti under Article 96 of the ACP-EC Agreement are hereby terminated.Article 2The measures described in the letter appearing in the Annex shall be adopted as “appropriate measures” referred to in Article 96(2)(c) of the ACP-EC Agreement.Article 3This Decision shall enter into force on the day of its adoption.It shall expire on 31 December 2001.It shall be reviewed before 31 December 2001 at the latest.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 29 January 2001.For the CouncilThe PresidentM. Winberg(1) OJ L 195, 1.8.2000, p. 46.(2) OJ L 317, 15.12.2000, p. 375.ANNEXLetter to be addressed to the Government of HaitiDear Sir,The European Union attaches great importance to Article 9 of the ACP-EC Agreement. Democratic principles and the rule of law, on which the ACP-EU partnership is founded, are essential elements of the Agreement and thus form the cornerstone of our relations.In this spirit, the Union has closely followed the electoral process in Haiti and is concerned about the irregularities mentioned in the report of the Organisation of American States observer mission, in particular the non-compliance with the Electoral Law in the election of senators after the first round.This is why the Union expressed disquiet about the electoral process in its declaration of 12 July 2000 and signalled that failure to take account of its concerns might have repercussions on cooperation with Haiti.The Council of the European Union therefore decided on 2 August 2000 to invite the Haitian authorities and the ACP States to enter into consultations with a view to a thorough examination of the situation and finding ways of remedying it.These consultations were held in Brussels on 26 September and a number of crucial issues were discussed. The Haitian authorities, represented by His Excellency Mr Fritz Longchamp, Foreign Minister, explained their position and gave their analysis of the situation.This exchange of views did not, however, lead to progress in finding a satisfactory solution to the issues raised by the Union, which then drafted provisional conclusions expressing regret that its concerns had not been taken into account and envisaging the possibility of appropriate measures as defined in the ACP-EC Agreement. In its conclusions the Union also signalled its awareness of the serious social and economic situation in the country and the importance of not penalising the Haitian people.Now, the Council of the European Union has decided, in accordance with its provisional conclusions of 26 September, to terminate the consultations opened under Article 96 of the ACP-EC Agreement. The Council of the European Union has thus decided to take the following appropriate measures under Article 96(2)(c):(a) not making available the second PIN tranche of the eighth EDF of EUR 44,4 million,(b) suspension of direct budget aid. This mainly affects structural adjustment programmes and food security,(c) redirection of the remaining funds of the first PIN tranche of the eighth EDF to projects that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and are liable to support democratisation and underpin the rule of law,(d) preparations for ninth EDF programming by the Commission delegation in Haiti, which will consult the Haitian Government if necessary. Unless otherwise decided by the Council of the European Union, no allocation of resources shall be notified while this Decision is valid.The objective of the Union remains not to penalise the Haitian people while signalling its disapproval of the failure to comply with basic democratic principles. It will monitor closely developments with regard to respect of fundamental democratic freedoms and human rights. It reiterates its readiness to engage in an enhanced political dialogue and contribute to the process of democratisation. To this end, it is ready to review this Decision before 31 December 2001 if there are encouraging developments but reserves the right to take further measures if there is no improvement.For the CommissionFor the Council

Article 1
The consultations opened with Haiti under Article 96 of the ACP-EC Agreement are hereby terminated.

Article 2
The measures described in the letter appearing in the Annex shall be adopted as “appropriate measures” referred to in Article 96(2)(c) of the ACP-EC Agreement.

Article 3
This Decision shall enter into force on the day of its adoption.
It shall expire on 31 December 2001.
It shall be reviewed before 31 December 2001 at the latest.

Article 4
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 29 January 2001.
For the Council
The President
(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 317, 15.12.2000, p. 375.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, hereinafter referred to as “the ACP-EC Agreement”, implemented in advance by Decision No 1/2000(1) of the ACP-EC Council of Ministers of 27 July 2000, and in particular Article 96 thereof,Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement, as provisionally applied by Decision 2000/771/EC(2) of the representatives of the Governments of the Member States of 18 September 2000, and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The essential elements referred to in Article 9 of the ACP-EC Agreement have been breached by non-compliance with the Electoral Law of Haiti.(2) In accordance with Article 96 of the ACP-EC Agreement, consultations took place with the ACP States and Haiti on 26 September 2000, on which occasion the Haitian authorities explained their position.(3) Democratic principles are still not upheld in Haiti.(4) Measures should therefore be taken as “appropriate measures” referred to under Article 96(2)(c) of the ACP-EC Agreement,HAS DECIDED AS FOLLOWS:Article 1The consultations opened with Haiti under Article 96 of the ACP-EC Agreement are hereby terminated.Article 2The measures described in the letter appearing in the Annex shall be adopted as “appropriate measures” referred to in Article 96(2)(c) of the ACP-EC Agreement.Article 3This Decision shall enter into force on the day of its adoption.It shall expire on 31 December 2001.It shall be reviewed before 31 December 2001 at the latest.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 29 January 2001.For the CouncilThe PresidentM. Winberg(1) OJ L 195, 1.8.2000, p. 46.(2) OJ L 317, 15.12.2000, p. 375.ANNEXLetter to be addressed to the Government of HaitiDear Sir,The European Union attaches great importance to Article 9 of the ACP-EC Agreement. Democratic principles and the rule of law, on which the ACP-EU partnership is founded, are essential elements of the Agreement and thus form the cornerstone of our relations.In this spirit, the Union has closely followed the electoral process in Haiti and is concerned about the irregularities mentioned in the report of the Organisation of American States observer mission, in particular the non-compliance with the Electoral Law in the election of senators after the first round.This is why the Union expressed disquiet about the electoral process in its declaration of 12 July 2000 and signalled that failure to take account of its concerns might have repercussions on cooperation with Haiti.The Council of the European Union therefore decided on 2 August 2000 to invite the Haitian authorities and the ACP States to enter into consultations with a view to a thorough examination of the situation and finding ways of remedying it.These consultations were held in Brussels on 26 September and a number of crucial issues were discussed. The Haitian authorities, represented by His Excellency Mr Fritz Longchamp, Foreign Minister, explained their position and gave their analysis of the situation.This exchange of views did not, however, lead to progress in finding a satisfactory solution to the issues raised by the Union, which then drafted provisional conclusions expressing regret that its concerns had not been taken into account and envisaging the possibility of appropriate measures as defined in the ACP-EC Agreement. In its conclusions the Union also signalled its awareness of the serious social and economic situation in the country and the importance of not penalising the Haitian people.Now, the Council of the European Union has decided, in accordance with its provisional conclusions of 26 September, to terminate the consultations opened under Article 96 of the ACP-EC Agreement. The Council of the European Union has thus decided to take the following appropriate measures under Article 96(2)(c):(a) not making available the second PIN tranche of the eighth EDF of EUR 44,4 million,(b) suspension of direct budget aid. This mainly affects structural adjustment programmes and food security,(c) redirection of the remaining funds of the first PIN tranche of the eighth EDF to projects that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and are liable to support democratisation and underpin the rule of law,(d) preparations for ninth EDF programming by the Commission delegation in Haiti, which will consult the Haitian Government if necessary. Unless otherwise decided by the Council of the European Union, no allocation of resources shall be notified while this Decision is valid.The objective of the Union remains not to penalise the Haitian people while signalling its disapproval of the failure to comply with basic democratic principles. It will monitor closely developments with regard to respect of fundamental democratic freedoms and human rights. It reiterates its readiness to engage in an enhanced political dialogue and contribute to the process of democratisation. To this end, it is ready to review this Decision before 31 December 2001 if there are encouraging developments but reserves the right to take further measures if there is no improvement.For the CommissionFor the Council
The consultations opened with Haiti under Article 96 of the ACP-EC Agreement are hereby terminated.
The measures described in the letter appearing in the Annex shall be adopted as “appropriate measures” referred to in Article 96(2)(c) of the ACP-EC Agreement.
This Decision shall enter into force on the day of its adoption.
It shall expire on 31 December 2001.
It shall be reviewed before 31 December 2001 at the latest.
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 29 January 2001.
For the Council
The President
(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 317, 15.12.2000, p. 375.
Letter to be addressed to the Government of Haiti
The European Union attaches great importance to Article 9 of the ACP-EC Agreement. Democratic principles and the rule of law, on which the ACP-EU partnership is founded, are essential elements of the Agreement and thus form the cornerstone of our relations.
In this spirit, the Union has closely followed the electoral process in Haiti and is concerned about the irregularities mentioned in the report of the Organisation of American States observer mission, in particular the non-compliance with the Electoral Law in the election of senators after the first round.
This is why the Union expressed disquiet about the electoral process in its declaration of 12 July 2000 and signalled that failure to take account of its concerns might have repercussions on cooperation with Haiti.
The Council of the European Union therefore decided on 2 August 2000 to invite the Haitian authorities and the ACP States to enter into consultations with a view to a thorough examination of the situation and finding ways of remedying it.
These consultations were held in Brussels on 26 September and a number of crucial issues were discussed. The Haitian authorities, represented by His Excellency Mr Fritz Longchamp, Foreign Minister, explained their position and gave their analysis of the situation.
This exchange of views did not, however, lead to progress in finding a satisfactory solution to the issues raised by the Union, which then drafted provisional conclusions expressing regret that its concerns had not been taken into account and envisaging the possibility of appropriate measures as defined in the ACP-EC Agreement. In its conclusions the Union also signalled its awareness of the serious social and economic situation in the country and the importance of not penalising the Haitian people.
Now, the Council of the European Union has decided, in accordance with its provisional conclusions of 26 September, to terminate the consultations opened under Article 96 of the ACP-EC Agreement. The Council of the European Union has thus decided to take the following appropriate measures under Article 96(2)(c):
(a) not making available the second PIN tranche of the eighth EDF of EUR 44,4 million,
(b) suspension of direct budget aid. This mainly affects structural adjustment programmes and food security,
(c) redirection of the remaining funds of the first PIN tranche of the eighth EDF to projects that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and are liable to support democratisation and underpin the rule of law,
(d) preparations for ninth EDF programming by the Commission delegation in Haiti, which will consult the Haitian Government if necessary. Unless otherwise decided by the Council of the European Union, no allocation of resources shall be notified while this Decision is valid.
The objective of the Union remains not to penalise the Haitian people while signalling its disapproval of the failure to comply with basic democratic principles. It will monitor closely developments with regard to respect of fundamental democratic freedoms and human rights. It reiterates its readiness to engage in an enhanced political dialogue and contribute to the process of democratisation. To this end, it is ready to review this Decision before 31 December 2001 if there are encouraging developments but reserves the right to take further measures if there is no improvement.
For the Commission
For the Council

Pending: 32000D0115

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings(1), as last amended by Commission Decision 98/377/EC(2) and in particular Article 8(1) thereof,Whereas:(1) In accordance with Article 8(1) of Regulation (EEC) No 571/88, any changes to the list of survey characteristics, as well as to the definitions of the survey characteristics and to the delimitation of the regions, survey districts and other territorial units, are laid down under the procedure given in Article 15 of this Regulation, i.e. by Commission decision following the Opinion delivered by the Standing Committee on Agricultural Statistics;(2) The results of the Community surveys on the structure of agricultural holdings provided for in Regulation (EEC) No 571/88 can be in concordance throughout the European Community only if the terms contained in the list of characteristics are understood and applied in a uniform manner;(3) The list of survey characteristics has been last amended by Decision 98/377/EC in view of the 1999/2000 basic survey on the structure of agricultural holdings and whereas Commission Decision 89/651/EEC(3), as last amended by Decision 97/418/EC(4), lays down the definitions, the list of agricultural products, the exceptions to the definitions applied in certain Member States and the regions and survey districts to be applied in the framework of the 1988 to 1997 structure surveys; whereas as a consequence Decision 89/651/EEC has to be adapted and supplemented;(4) New variables have been added to the list of characteristics; whereas the development of agriculture has made it necessary to revise the definitions of various old variables; whereas Annex I to the present Commission Decision therefore contains a new list of definitions in view of the Community structure surveys after 1997;(5) The list of agricultural products referred to in the definition of agricultural holdings and the list of exceptions to the Community definitions due to peculiar circumstances in certain Member States also need to be revised; whereas these revised lists of agricultural products and of the accepted exceptions to the list of definitions are contained in Annex II and III to the present Commission Decision;(6) There is a need for a greater clarity of the correlation between the nomenclature of statistical territorial units (NUTS) and the regions and districts used for the purposes of the agricultural structure surveys; whereas it is useful if these regions and districts are defined in a separate Annex IV to the present Commission Decision;(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Statistics,

Article 1
The Community definitions to be used for Community surveys after 1997 on the structure of agricultural holdings as provided for by Regulation (EEC) No 571/88 are given in Annex I, together with the relevant explanations and examples.

Article 2
The list of agricultural products referred to in the definition of agricultural holdings as contained in Annex I is given in Annex II.

Article 3
In view of circumstances peculiar to certain Member States, exceptions to the Community definitions shall be accepted as set out in Annex III.

Article 4
The list of regions and districts for the purposes of the Community agricultural structure surveys referred to in the definition of survey district as contained in Annex I is given in Annex IV.

Article 5
Decision 89/651/EEC is hereby repealed.

Article 6
This Decision is addressed to the Member states.
Done at Brussels, 24 November 1999.
For the Commission
Pedro SOLBES MIRA
Member of the Commission
(1) OJ L 56, 2.3.1988, p. 1.
(2) OJ L 168, 13.6.1998, p. 29.
(3) OJ L 391, 30.12.1989, p. 1.
(4) OJ L 177, 5.7.1997, p. 26.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings(1), as last amended by Commission Decision 98/377/EC(2) and in particular Article 8(1) thereof,Whereas:(1) In accordance with Article 8(1) of Regulation (EEC) No 571/88, any changes to the list of survey characteristics, as well as to the definitions of the survey characteristics and to the delimitation of the regions, survey districts and other territorial units, are laid down under the procedure given in Article 15 of this Regulation, i.e. by Commission decision following the Opinion delivered by the Standing Committee on Agricultural Statistics;(2) The results of the Community surveys on the structure of agricultural holdings provided for in Regulation (EEC) No 571/88 can be in concordance throughout the European Community only if the terms contained in the list of characteristics are understood and applied in a uniform manner;(3) The list of survey characteristics has been last amended by Decision 98/377/EC in view of the 1999/2000 basic survey on the structure of agricultural holdings and whereas Commission Decision 89/651/EEC(3), as last amended by Decision 97/418/EC(4), lays down the definitions, the list of agricultural products, the exceptions to the definitions applied in certain Member States and the regions and survey districts to be applied in the framework of the 1988 to 1997 structure surveys; whereas as a consequence Decision 89/651/EEC has to be adapted and supplemented;(4) New variables have been added to the list of characteristics; whereas the development of agriculture has made it necessary to revise the definitions of various old variables; whereas Annex I to the present Commission Decision therefore contains a new list of definitions in view of the Community structure surveys after 1997;(5) The list of agricultural products referred to in the definition of agricultural holdings and the list of exceptions to the Community definitions due to peculiar circumstances in certain Member States also need to be revised; whereas these revised lists of agricultural products and of the accepted exceptions to the list of definitions are contained in Annex II and III to the present Commission Decision;(6) There is a need for a greater clarity of the correlation between the nomenclature of statistical territorial units (NUTS) and the regions and districts used for the purposes of the agricultural structure surveys; whereas it is useful if these regions and districts are defined in a separate Annex IV to the present Commission Decision;(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Statistics,
The Community definitions to be used for Community surveys after 1997 on the structure of agricultural holdings as provided for by Regulation (EEC) No 571/88 are given in Annex I, together with the relevant explanations and examples.
The list of agricultural products referred to in the definition of agricultural holdings as contained in Annex I is given in Annex II.
In view of circumstances peculiar to certain Member States, exceptions to the Community definitions shall be accepted as set out in Annex III.
The list of regions and districts for the purposes of the Community agricultural structure surveys referred to in the definition of survey district as contained in Annex I is given in Annex IV.
Decision 89/651/EEC is hereby repealed.
This Decision is addressed to the Member states.
Done at Brussels, 24 November 1999.
For the Commission
Pedro SOLBES MIRA
Member of the Commission
(1) OJ L 56, 2.3.1988, p. 1.
(2) OJ L 168, 13.6.1998, p. 29.
(3) OJ L 391, 30.12.1989, p. 1.
(4) OJ L 177, 5.7.1997, p. 26.
DEFINITIONS AND EXPLANATIONS APPLICABLE TO THE LIST OF CHARACTERISTICS TO BE USED FOR COMMUNITY SURVEYS ON THE STRUCTURE OF AGRICULTURAL HOLDINGS
(I= definitions,
II= explanatory notes)
AGRICULTURAL HOLDING
I. A single unit both technically and economically, which has single management and which produces agricultural products. Other supplementary (non-agricultural) products and services may also be provided by the holding.
II. 1. An agricultural holding is thus defined by the following characteristics:
1.1. Production of agricultural products
For the purpose of this survey “agricultural products” are taken to be those products listed in Annex II
1.2. Single management
There can be single management even though this is carried out by two or more persons acting jointly.
1.3. A single unit technically and economically
In general this is indicated by a common use of labour and means of production (machinery, buildings or land, etc.).
2. Special cases
2.1. (a) When a holding is for tax or other reasons split up among two or more persons; or
(b) when two or more separate holdings, each having previously been an independent holding, have been integrated in the hands of a single holder;
the treatment is as single holding, if there is a single management and technical and economic unity.
2.2. Cases where a parcel of land has been retained by the former holder when transferring the holding to his successor (heir, tenant, etc.).
(a) included with the successor’s holding if the retained land is worked in conjunction with the rest of the holding and if in general the same labour force and means of production as for the rest of the holding are employed;
(b) attributed to the previous holder’s holding if normally worked with the labour force and means of production of that holding.
2.3. For the purposes of this survey, the following are counted as agricultural holdings in so far as they fulfil the other criteria mentioned above as defining an agricultural holding:
(a) bull, boar, ram and he-goat breeding stations, studs and hatcheries;
(b) the agricultural holdings of research institutes, sanatoria and convalescent homes, religious communities, schools and prisons;
(c) agricultural holdings which form part of industrial enterprises;
(d) common land consisting of pasture, horticultural or other land, provided that such land is operated as an agricultural holding by the local authority concerned (e.g. by the taking of animals into agistment, i.e. the taking in of other persons’ cattle to graze at a certain rate.) The following are not considered here:
– common land allotted (C/03),
– common land which has been rented out (C/02).
2.4. Not included as agricultural holdings for the purposes of this survey are:
(a) riding stables, racing stables, gallops (i.e. land used for exercising racehorses), without breeding activities;
(b) kennels;
(c) markets, abattoirs, etc. (without rearing).
2.5. “Single-product group-holdings” are treated as agricultural holdings independent of the “parent” holdings if they mainly use their own factors of production and do not rely mainly on the factors of production of the “parent” holdings. “Single-product group-holdings” are where separate holdings put together their resources for one particular farm enterprise to form a distinct joint enterprise run separately from the “parent holdings” (e.g. common orchard or a common cattle lot) (partial fusion)
A. GEOGRAPHICAL SITUATION OF THE HOLDING
II. The holding and all the information relating to it are taken as being in that district and municipality or sub-survey district where the headquarters of the holding is situated (A/01).
The headquarters of the holding is defined according to Member States’ documented own rules.
A/01 Survey district
I. The geographical situation of each holding shall be described by a code indicating the country, the region and the survey district
II. The regions and districts for the purposes of the agricultural structure surveys are listed in Annex IV.
A/01 (a) Municipality or sub-survey district
I. In the framework of the exhaustive survey 1999/2000, the geographical situation shall be described by an additional code, indicating the municipality or sub-survey district, which allows an aggregation of the results at least by “objective zones” within the meaning of Council Regulation (EEC) No 2052/88(1), as last amended by Council Regulation (EC) No 3193/94(2) or, where applicable, the most recent legislation of any similar zones or areas, defined at any later stage, used in the framework of implementing the tasks of the Structural Funds.
II. The Member States communicate to Eurostat to which “objective zone” each municipality or sub-survey district belongs. If the borders between different zones or areas divide the municipality or sub-survey district, all holdings in the municipality or sub-survey district are determined to lie in the zone or area, which forms the biggest part of the municipality or sub-survey district.
The municipality or sub-survey district codes used conform to levels 4 or 5 of the nomenclature of statistical territorial units (NUTS). If these codes cannot be transmitted, the Member State communicates instead, for each holding, a code indicating which “objective zone” the holding is located in. This information is to be referring to the situation at 30 June 1999, but is communicated again, if the zones used in the framework of the Structural Funds are changed at any later stage.
A/02 Less-favoured area
I. Areas designated, on the date of the survey, as less-favoured within the meaning of Council Regulation (EC) No 950/97(3), (and, where applicable, the most recent legislation), appearing in the Community list of less-favoured agricultural areas as communicated by the Member States in application of Article 21 of Regulation (EC) 950/97.
II. If the holding is only partially located in a less-favoured area, it is classified according to which area the greater part of the holding belongs.
A/02 (a) Mountain area
I. Areas designated, on the date of the survey, as mountain areas within the meaning of Article 23 of Council Regulation (EC) No 950/97 and appearing in the Community list of less-favoured agricultural areas as communicated by Member States in application of Article 21 of Regulation (EC) No 950/97.
II. If the holding is only partially located in a less-favoured area, it is classified according to which area the greater part of the holding belongs.
B. LEGAL PERSONALITY AND MANAGEMENT OF THE HOLDING (on the day of the survey)
B/01 and B/02 The person legally and economically responsible for the holding: the holder
I. The holder of the holding is that natural person, group of natural persons or the legal person on whose account and in whose name the holding is operated and who is legally and economically responsible for the holding, i.e. who takes the economic risks of the holding. The holder can own the holding outright or rent it or be a hereditary long term leaseholder or a usufructuary or a trustee. All partners on a group holding who take part in the farm work on the holding are considered as being as holders.
A. LIST OF AGRICULTURAL PRODUCTS(1)
B. LIST OF PRODUCTS EXCLUDED
(1) This list is based on Appendix-1-A List of characteristics activities of the agricultural sector in Manual on Economic Accounts for Agriculture and Forestry (rev.1) (1977), English version.
LIST OF EXCEPTIONS ACCEPTED IN THE LIST OF DEFINITIONS
(a) Denmark
(b) Federal Republic of Germany
(e) Ireland
(f) Netherlands
(g) Austria
(h) Finland
List of the regions and districts for the purposes of the agricultural structure surveys
The NUTS code are based on the 1998 NUTS classification.
BELGIQUE/BELGIË
DEUTSCHLAND
SUOMI/FINLAND
UNITED KINGDOM

Pending: 32000D0024

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The European Council meeting in Madrid on 15 and 16 December 1995 confirmed the importance of the European Investment Bank, hereinafter referred to as “the EIB”, as an instrument of cooperation between the Community and Latin America and called on the EIB to intensify its activities in the region; whereas these projects should be of interest to both the Community and the countries concerned;(2) The European Council meeting in Florence on 21 and 22 June 1996 welcomed the results of the Asia-Europe summit, which marked a turning-point in relations between the two continents;(3) The European Council meeting in Amsterdam on 16 and 17 June 1997 welcomed the conclusions adopted at the Second Euro-Mediterranean Conference, which was held at Valletta, Malta, on 15 and 16 April 1997 and reaffirmed the principles and objectives agreed at Barcelona in 1995;(4) The European Council meeting in Luxembourg on 12 and 13 December 1997 launched the enlargement process with the Central and Eastern European countries and Cyprus;(5) The European Council meeting in Cardiff on 15 and 16 June 1998 welcomed the efforts which the Republic of South Africa was making to modernise its economy and integrate it into the world trading system;(6) The EIB is completing the current loan programmes for Central and Eastern Europe, the Mediterranean region, Asia and Latin Amercia and the Republic of South Africa pursuant to Decision 97/256/EC(3), as well as the lending that is governed by the Protocol on Financial Cooperation with the Former Yugoslav Republic of Macedonia, according to Council Decision 98/348/EC(4);(7) The Council has invited the EIB to start operations in Bosnia and Herzegovina; these operations may be continued, subject to a positive report being drawn up as stipulated in Decision 98/729/EC(5);(8) Although Bosnia-Herzegovina and FYROM have been included in the Central and Eastern Europe region since the adoption of Decision 97/256/EC, the EIB’s total lending effort to applicant countries within this region should increase given the importance of the pre-accession facility the EIB plans to create for EIB lending for projects in these countries without a guarantee from the Community budget or Member States;(9) In these circumstances, the EIB should ensure that its guaranteed lending within the Central and Eastern Europe mandate will finance particularly projects in those countries which have fewer projects suitable for financing from the pre-accession facility or projects in non-applicant countries;(10) The Cooperation Agreements between the European Community and Nepal, between the European Community and Lao PDR and between the European Community and Yemen entered into force on 1 June 1996, 1 December 1997 and on 1 July 1998 respectively; the Cooperation Agreement between the European Community and South Korea was signed on 28 October 1996; whereas Nepal, Yemen, Lao PDR and South Korea should become beneficiaries of EIB funding under the EIB’s mandate for Asia and Latin America;(11) It is appropriate to make certain improvements in the programmes of operations in respect of duration and country coverage; it is appropriate to adjust the blanket guarantee rate and the portion of lending for which the EIB is invited to cover the commercial risk from non-sovereign guarantees;(12) The Council is calling on the EIB to continue its operations in support of investment projects carried out in those countries by offering it the guarantee provided for in this Decision;(13) In June 1996, the Commission, in agreement with the EIB, presented to the Council a proposal for a new guarantee system for EIB lending to third countries;(14) On 2 December 1996 the Council approved conclusions on new guarantee arrangements for EIB lending to third countries, according to which the approach of a global guarantee, without distinguishing between the regions and projects, is approved and a risk-sharing scheme accepted; under the risk-sharing scheme the EIB should secure adequate non-sovereign third-party guarantees for commercial risks, with the budgetary guarantee in that case covering only political risks arising from currency non transfer, expropriation, war or civil disturbance;(15) The guarantee arrangements should not affect the excellent credit standing of the EIB;(16) Regulation (EC, Euratom) No 1149/99(6), revised the target amount and the provisioning rate for the Loan Guarantee Fund established by Regulation (EC, Euratom) No 2728/94(7);(17) The financial perspective for the period 2000 to 2006 according to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8) envisages a ceiling for the loan guarantee reserve in the Community budget of EUR 200 million per annum;(18) EIB financing in eligible third countries should be managed, in accordance with the EIB’s usual criteria and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF, in such a way as to support Community policies and to enhance coordination with the Community’s other financial instruments; there is regular consultation between the EIB and the Commission to ensure coordination of priorities and activities in these countries and to measure progress towards the fulfilment of the Community’s relevant policy objectives; the setting and periodic review of the operation objectives and the measurement of their fulfilment are the responsibility of the EIB’s Board of Directors; in particular, EIB financing in the candidate countries should reflect the priorities established in the accession partnerships between the Community and those countries; thus the transparency of the EIB lending under this Decision should be substantially enhanced;(19) As from the date on which this Decision takes effect, the Community guarantee covering the special earthquake facility for Turkey under Decision 1999/786/EC(9) shall take the form of an extension of the global guarantee under this Decision;(20) The EIB and the Commission will adopt the procedures for granting the said guarantee;(21) For the purpose of adopting this Decision, the only powers provided for by the Treaty are those set out in Article 308 thereof,HAS DECIDED AS FOLLOWS:Article 11. The Community shall grant the EIB a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, and in support of the Community’s relevant external policy objectives, for investment projects carried out in Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and the Republic of South Africa.This guarantee shall be restricted to 65 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to EUR 18410 million, broken down as follows:- Central and Eastern Europe:EUR 8680 million,- Mediterranean countries:EUR 6425 million,- Latin America and Asia:EUR 2480 million,- Republic of South Africa:EUR 825 million;and shall cover a period of seven years beginning on 1 February 2000 for Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and beginning on 1 July 2000 for the Republic of South Africa and ending for all regions on 31 January 2007.The Commission shall report on the application of this Decision at the latest on 31 January 2004, or six months before any new accession treaties enter into force, and make proposals for amendments of this Decision if appropriate. The Council will discuss and act on any proposal with effect from 1 August 2004, or the date of entry into force of any new accession treaty.If, on expire of the guaranteed lending period on 31 January 2007, the loans granted by the EIB have not attained the overall amounts referred to in the second paragrapha, this period shall be automatically extended by six months.2. The countries covered by paragraph 1 are:- Central and Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Former Yugoslav Republic of Macedonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia;- Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and Gaza-West Bank;- Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela;- Asia: Bangladesh, Brunei, China, India, Indonesia, Laos, Macao, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam and Yemen;- Republic of South Africa.3. The EIB is hereby invited to aim to cover the commercial risk on 30 % of its lending under this Decision from non-sovereign guarantees as far as possible on an individual regional mandate basis. This percentage shall be expanded upon whenever possible insofar as the market permits.Article 2The Commission shall inform the European Parliament and the Council each year of the loan operations and progress made on risk-sharing under

Article 1
1. The Community shall grant the EIB a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, and in support of the Community’s relevant external policy objectives, for investment projects carried out in Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and the Republic of South Africa.
This guarantee shall be restricted to 65 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to EUR 18410 million, broken down as follows:
– Central and Eastern Europe:
EUR 8680 million,
– Mediterranean countries:
EUR 6425 million,
– Latin America and Asia:
EUR 2480 million,
– Republic of South Africa:
EUR 825 million;
and shall cover a period of seven years beginning on 1 February 2000 for Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and beginning on 1 July 2000 for the Republic of South Africa and ending for all regions on 31 January 2007.
The Commission shall report on the application of this Decision at the latest on 31 January 2004, or six months before any new accession treaties enter into force, and make proposals for amendments of this Decision if appropriate. The Council will discuss and act on any proposal with effect from 1 August 2004, or the date of entry into force of any new accession treaty.
If, on expire of the guaranteed lending period on 31 January 2007, the loans granted by the EIB have not attained the overall amounts referred to in the second paragrapha, this period shall be automatically extended by six months.
2. The countries covered by paragraph 1 are:
– Central and Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Former Yugoslav Republic of Macedonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia;
– Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and Gaza-West Bank;
– Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela;
– Asia: Bangladesh, Brunei, China, India, Indonesia, Laos, Macao, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam and Yemen;
– Republic of South Africa.
3. The EIB is hereby invited to aim to cover the commercial risk on 30 % of its lending under this Decision from non-sovereign guarantees as far as possible on an individual regional mandate basis. This percentage shall be expanded upon whenever possible insofar as the market permits.

Article 2
The Commission shall inform the European Parliament and the Council each year of the loan operations and progress made on risk-sharing under Article 1(3) and shall, at the same time, submit an assessment of the operation of the scheme and of coordination between the financial institutions operating in that area. The Commission information submitted to the European Parliament and the Council shall include an assessment of the contribution of the lending under this Decision to the fulfilment of the Community’s relevant external policy objectives, taking into account the operational objectives and appropriate measurements of their fulfilment to be established by the EIB for lending under this Decision.
For the purposes referred to in the first subparagraph, the EIB shall transmit to the Commission the appropriate information.

Article 3
The EIB and the Commission shall fix the terms on which the guarantee is to be given.

Article 4
This Decision shall taken effect on the day of its publication in the Official Journal of the European Communities.
Done at Brussels, 22 December 1999.
For the Council
The President
(1) OJ C 145, 26.5.1999, p. 10.
(2) Opinion delivered on 19 November 1999 (not yet published in the Official Journal).
(3) OJ L 102, 19.4.1997, p. 33. Decision as last amended by Decision 98/729/EC (OJ L 346, 22.12.1998, p. 54).
(4) OJ L 155, 29.5.1998, p. 53.
(5) OJ L 346, 22.12.1998, p. 54.
(6) OJ L 139, 2.6.1999, p. 1.
(7) OJ L 293, 12.11.1994, p. 1.
(8) OJ C 172, 18.6.1999, p. 1.
(9) OJ L 308, 3.12.1999, p. 35.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The European Council meeting in Madrid on 15 and 16 December 1995 confirmed the importance of the European Investment Bank, hereinafter referred to as “the EIB”, as an instrument of cooperation between the Community and Latin America and called on the EIB to intensify its activities in the region; whereas these projects should be of interest to both the Community and the countries concerned;(2) The European Council meeting in Florence on 21 and 22 June 1996 welcomed the results of the Asia-Europe summit, which marked a turning-point in relations between the two continents;(3) The European Council meeting in Amsterdam on 16 and 17 June 1997 welcomed the conclusions adopted at the Second Euro-Mediterranean Conference, which was held at Valletta, Malta, on 15 and 16 April 1997 and reaffirmed the principles and objectives agreed at Barcelona in 1995;(4) The European Council meeting in Luxembourg on 12 and 13 December 1997 launched the enlargement process with the Central and Eastern European countries and Cyprus;(5) The European Council meeting in Cardiff on 15 and 16 June 1998 welcomed the efforts which the Republic of South Africa was making to modernise its economy and integrate it into the world trading system;(6) The EIB is completing the current loan programmes for Central and Eastern Europe, the Mediterranean region, Asia and Latin Amercia and the Republic of South Africa pursuant to Decision 97/256/EC(3), as well as the lending that is governed by the Protocol on Financial Cooperation with the Former Yugoslav Republic of Macedonia, according to Council Decision 98/348/EC(4);(7) The Council has invited the EIB to start operations in Bosnia and Herzegovina; these operations may be continued, subject to a positive report being drawn up as stipulated in Decision 98/729/EC(5);(8) Although Bosnia-Herzegovina and FYROM have been included in the Central and Eastern Europe region since the adoption of Decision 97/256/EC, the EIB’s total lending effort to applicant countries within this region should increase given the importance of the pre-accession facility the EIB plans to create for EIB lending for projects in these countries without a guarantee from the Community budget or Member States;(9) In these circumstances, the EIB should ensure that its guaranteed lending within the Central and Eastern Europe mandate will finance particularly projects in those countries which have fewer projects suitable for financing from the pre-accession facility or projects in non-applicant countries;(10) The Cooperation Agreements between the European Community and Nepal, between the European Community and Lao PDR and between the European Community and Yemen entered into force on 1 June 1996, 1 December 1997 and on 1 July 1998 respectively; the Cooperation Agreement between the European Community and South Korea was signed on 28 October 1996; whereas Nepal, Yemen, Lao PDR and South Korea should become beneficiaries of EIB funding under the EIB’s mandate for Asia and Latin America;(11) It is appropriate to make certain improvements in the programmes of operations in respect of duration and country coverage; it is appropriate to adjust the blanket guarantee rate and the portion of lending for which the EIB is invited to cover the commercial risk from non-sovereign guarantees;(12) The Council is calling on the EIB to continue its operations in support of investment projects carried out in those countries by offering it the guarantee provided for in this Decision;(13) In June 1996, the Commission, in agreement with the EIB, presented to the Council a proposal for a new guarantee system for EIB lending to third countries;(14) On 2 December 1996 the Council approved conclusions on new guarantee arrangements for EIB lending to third countries, according to which the approach of a global guarantee, without distinguishing between the regions and projects, is approved and a risk-sharing scheme accepted; under the risk-sharing scheme the EIB should secure adequate non-sovereign third-party guarantees for commercial risks, with the budgetary guarantee in that case covering only political risks arising from currency non transfer, expropriation, war or civil disturbance;(15) The guarantee arrangements should not affect the excellent credit standing of the EIB;(16) Regulation (EC, Euratom) No 1149/99(6), revised the target amount and the provisioning rate for the Loan Guarantee Fund established by Regulation (EC, Euratom) No 2728/94(7);(17) The financial perspective for the period 2000 to 2006 according to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8) envisages a ceiling for the loan guarantee reserve in the Community budget of EUR 200 million per annum;(18) EIB financing in eligible third countries should be managed, in accordance with the EIB’s usual criteria and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF, in such a way as to support Community policies and to enhance coordination with the Community’s other financial instruments; there is regular consultation between the EIB and the Commission to ensure coordination of priorities and activities in these countries and to measure progress towards the fulfilment of the Community’s relevant policy objectives; the setting and periodic review of the operation objectives and the measurement of their fulfilment are the responsibility of the EIB’s Board of Directors; in particular, EIB financing in the candidate countries should reflect the priorities established in the accession partnerships between the Community and those countries; thus the transparency of the EIB lending under this Decision should be substantially enhanced;(19) As from the date on which this Decision takes effect, the Community guarantee covering the special earthquake facility for Turkey under Decision 1999/786/EC(9) shall take the form of an extension of the global guarantee under this Decision;(20) The EIB and the Commission will adopt the procedures for granting the said guarantee;(21) For the purpose of adopting this Decision, the only powers provided for by the Treaty are those set out in Article 308 thereof,HAS DECIDED AS FOLLOWS:Article 11. The Community shall grant the EIB a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, and in support of the Community’s relevant external policy objectives, for investment projects carried out in Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and the Republic of South Africa.This guarantee shall be restricted to 65 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to EUR 18410 million, broken down as follows:- Central and Eastern Europe:EUR 8680 million,- Mediterranean countries:EUR 6425 million,- Latin America and Asia:EUR 2480 million,- Republic of South Africa:EUR 825 million;and shall cover a period of seven years beginning on 1 February 2000 for Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and beginning on 1 July 2000 for the Republic of South Africa and ending for all regions on 31 January 2007.The Commission shall report on the application of this Decision at the latest on 31 January 2004, or six months before any new accession treaties enter into force, and make proposals for amendments of this Decision if appropriate. The Council will discuss and act on any proposal with effect from 1 August 2004, or the date of entry into force of any new accession treaty.If, on expire of the guaranteed lending period on 31 January 2007, the loans granted by the EIB have not attained the overall amounts referred to in the second paragrapha, this period shall be automatically extended by six months.2. The countries covered by paragraph 1 are:- Central and Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Former Yugoslav Republic of Macedonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia;- Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and Gaza-West Bank;- Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela;- Asia: Bangladesh, Brunei, China, India, Indonesia, Laos, Macao, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam and Yemen;- Republic of South Africa.3. The EIB is hereby invited to aim to cover the commercial risk on 30 % of its lending under this Decision from non-sovereign guarantees as far as possible on an individual regional mandate basis. This percentage shall be expanded upon whenever possible insofar as the market permits.Article 2The Commission shall inform the European Parliament and the Council each year of the loan operations and progress made on risk-sharing under
1. The Community shall grant the EIB a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, and in support of the Community’s relevant external policy objectives, for investment projects carried out in Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and the Republic of South Africa.
This guarantee shall be restricted to 65 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to EUR 18410 million, broken down as follows:
– Central and Eastern Europe:
EUR 8680 million,
– Mediterranean countries:
EUR 6425 million,
– Latin America and Asia:
EUR 2480 million,
– Republic of South Africa:
EUR 825 million;
and shall cover a period of seven years beginning on 1 February 2000 for Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and beginning on 1 July 2000 for the Republic of South Africa and ending for all regions on 31 January 2007.
The Commission shall report on the application of this Decision at the latest on 31 January 2004, or six months before any new accession treaties enter into force, and make proposals for amendments of this Decision if appropriate. The Council will discuss and act on any proposal with effect from 1 August 2004, or the date of entry into force of any new accession treaty.
If, on expire of the guaranteed lending period on 31 January 2007, the loans granted by the EIB have not attained the overall amounts referred to in the second paragrapha, this period shall be automatically extended by six months.
2. The countries covered by paragraph 1 are:
– Central and Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Former Yugoslav Republic of Macedonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia;
– Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and Gaza-West Bank;
– Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela;
– Asia: Bangladesh, Brunei, China, India, Indonesia, Laos, Macao, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam and Yemen;
– Republic of South Africa.
3. The EIB is hereby invited to aim to cover the commercial risk on 30 % of its lending under this Decision from non-sovereign guarantees as far as possible on an individual regional mandate basis. This percentage shall be expanded upon whenever possible insofar as the market permits.
The Commission shall inform the European Parliament and the Council each year of the loan operations and progress made on risk-sharing under Article 1(3) and shall, at the same time, submit an assessment of the operation of the scheme and of coordination between the financial institutions operating in that area. The Commission information submitted to the European Parliament and the Council shall include an assessment of the contribution of the lending under this Decision to the fulfilment of the Community’s relevant external policy objectives, taking into account the operational objectives and appropriate measurements of their fulfilment to be established by the EIB for lending under this Decision.
For the purposes referred to in the first subparagraph, the EIB shall transmit to the Commission the appropriate information.
The EIB and the Commission shall fix the terms on which the guarantee is to be given.
This Decision shall taken effect on the day of its publication in the Official Journal of the European Communities.
Done at Brussels, 22 December 1999.
For the Council
The President
(1) OJ C 145, 26.5.1999, p. 10.
(2) Opinion delivered on 19 November 1999 (not yet published in the Official Journal).
(3) OJ L 102, 19.4.1997, p. 33. Decision as last amended by Decision 98/729/EC (OJ L 346, 22.12.1998, p. 54).
(4) OJ L 155, 29.5.1998, p. 53.
(5) OJ L 346, 22.12.1998, p. 54.
(6) OJ L 139, 2.6.1999, p. 1.
(7) OJ L 293, 12.11.1994, p. 1.
(8) OJ C 172, 18.6.1999, p. 1.
(9) OJ L 308, 3.12.1999, p. 35.

Pending: 31998D0083

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 97/14/EC (2), and in particular Annex IV, Part A, Section I, points 16.2, 16.3 and 16.3(a) thereof,Whereas Annex IV, Part A, Section I, points 16.2, 16.3 and 16.3(a) contain a reference to fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries where Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes or Guignardia citricarpa Kiely (all strains pathogenic to Citrus) are known to occur;Whereas these provisions should be reinforced; whereas one way of doing so is to determine the third countries which are recognised as being free of Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) and to determine the areas free of those harmful organisms in the third countries where they are known to occur;Considering the information provided by the European and Mediterranean Plant Protection Organisation and the ‘Centre for Agriculture and Bioscience International`;Whereas this Decision is without prejudice to any subsequent discovery that one or more of the respective harmful organisms occur in the third countries or areas of third countries concerned;Whereas the Commission will ensure that the third countries concerned provide all the technical information necessary for monitoring the situation;Whereas the measure provided for in this Decision is in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DECISION:

Article 1
It is hereby declared that the following third countries are recognized as being free of all strains of Xanthomonas campestris pathogenic to Citrus:
– all citrus-growing countries in the Euro-Mediterranean region, including Europe, Algeria, Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia and Turkey,
– in Africa: South Africa, Gambia, Ghana, Guinea, Kenya, Sudan, Swaziland and Zimbabwe,
– in Central and South America and the Caribbean: the Bahamas, Belize, Chile, Colombia, Costa Rica, Cuba, Ecuador, Honduras, Jamaica, Mexico, Nicaragua, Peru, the Dominican Republic, Saint Lucia, El Salvador, Surinam and Venezuela.

Article 2
It is hereby declared that the following areas are recognized as being free of all strains of Xanthomonas campestris pathogenic to Citrus:
– in Argentina: Catamarca, Jujuy, Salta and Tucumán,
– in Australia: New South Wales, Queensland, South Australia and Victoria,
– in Brazil: São Paulo, with the exception of Presidente Prudente,
– in the United States: Arizona, California, Florida (with the exception of Dade County and Manatee County), Guam, Hawaii, Louisiana, Northern Mariana Islands, Puerto Rico, American Samoa, Texas and the United States Virgin Islands,
– all areas of Uruguay, with the exception of the Departments Salto, Rivera and Paysandu – north of River Chapicuy.

Article 3
It is hereby declared that the following third countries are recognized as being free of Cercospora angolensis Carv. et Mendes:
– all citrus-growing third countries in North, Central and South America, the Caribbean, Asia (with the exception of Yemen), Europe and Oceania,
– all citrus-growing third countries in Africa, with the exception of Angola, Cameroon, Central African Republic, Democratic Republic of Congo, Gabon, Guinea, Kenya, Mozambique, Nigeria, Uganda, Zambia and Zimbabwe.

Article 4
It is hereby declared that the following third countries are recognized as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus:
– all citrus-growing third countries in North, Central and South America, the Caribbean and Europe,
– all citrus-growing third countries in Asia, with the exception of Bhutan, China, Indonesia, Philippines and Taiwan,
– all citrus-growing third countries in Africa, with the exception of South Africa, Kenya, Mozambique, Zambia and Zimbabwe,
– all citrus-growing third countries in Oceania, with the exception of Australia, New Zealand and Vanuatu.

Article 5
It is hereby declared that the following areas are recognized as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus:
– in South Africa: Western Cape,
– in Australia: South Australia, Western Australia and Northern Territory,
– in China: all areas with the exception of Sichuan, Yunnan, Guangdong, Fujian and Zhejiang.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 8 January 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 87, 2. 4. 1997, p. 17.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 97/14/EC (2), and in particular Annex IV, Part A, Section I, points 16.2, 16.3 and 16.3(a) thereof,Whereas Annex IV, Part A, Section I, points 16.2, 16.3 and 16.3(a) contain a reference to fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries where Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes or Guignardia citricarpa Kiely (all strains pathogenic to Citrus) are known to occur;Whereas these provisions should be reinforced; whereas one way of doing so is to determine the third countries which are recognised as being free of Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) and to determine the areas free of those harmful organisms in the third countries where they are known to occur;Considering the information provided by the European and Mediterranean Plant Protection Organisation and the ‘Centre for Agriculture and Bioscience International`;Whereas this Decision is without prejudice to any subsequent discovery that one or more of the respective harmful organisms occur in the third countries or areas of third countries concerned;Whereas the Commission will ensure that the third countries concerned provide all the technical information necessary for monitoring the situation;Whereas the measure provided for in this Decision is in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DECISION:
It is hereby declared that the following third countries are recognized as being free of all strains of Xanthomonas campestris pathogenic to Citrus:
– all citrus-growing countries in the Euro-Mediterranean region, including Europe, Algeria, Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia and Turkey,
– in Africa: South Africa, Gambia, Ghana, Guinea, Kenya, Sudan, Swaziland and Zimbabwe,
– in Central and South America and the Caribbean: the Bahamas, Belize, Chile, Colombia, Costa Rica, Cuba, Ecuador, Honduras, Jamaica, Mexico, Nicaragua, Peru, the Dominican Republic, Saint Lucia, El Salvador, Surinam and Venezuela.
It is hereby declared that the following areas are recognized as being free of all strains of Xanthomonas campestris pathogenic to Citrus:
– in Argentina: Catamarca, Jujuy, Salta and Tucumán,
– in Australia: New South Wales, Queensland, South Australia and Victoria,
– in Brazil: São Paulo, with the exception of Presidente Prudente,
– in the United States: Arizona, California, Florida (with the exception of Dade County and Manatee County), Guam, Hawaii, Louisiana, Northern Mariana Islands, Puerto Rico, American Samoa, Texas and the United States Virgin Islands,
– all areas of Uruguay, with the exception of the Departments Salto, Rivera and Paysandu – north of River Chapicuy.
It is hereby declared that the following third countries are recognized as being free of Cercospora angolensis Carv. et Mendes:
– all citrus-growing third countries in North, Central and South America, the Caribbean, Asia (with the exception of Yemen), Europe and Oceania,
– all citrus-growing third countries in Africa, with the exception of Angola, Cameroon, Central African Republic, Democratic Republic of Congo, Gabon, Guinea, Kenya, Mozambique, Nigeria, Uganda, Zambia and Zimbabwe.
It is hereby declared that the following third countries are recognized as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus:
– all citrus-growing third countries in North, Central and South America, the Caribbean and Europe,
– all citrus-growing third countries in Asia, with the exception of Bhutan, China, Indonesia, Philippines and Taiwan,
– all citrus-growing third countries in Africa, with the exception of South Africa, Kenya, Mozambique, Zambia and Zimbabwe,
– all citrus-growing third countries in Oceania, with the exception of Australia, New Zealand and Vanuatu.
It is hereby declared that the following areas are recognized as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus:
– in South Africa: Western Cape,
– in Australia: South Australia, Western Australia and Northern Territory,
– in China: all areas with the exception of Sichuan, Yunnan, Guangdong, Fujian and Zhejiang.
This Decision is addressed to the Member States.
Done at Brussels, 8 January 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 87, 2. 4. 1997, p. 17.

Pending: 31996D1692

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),(1) Whereas the establishment and development of trans-European networks contribute to the attainment of major Community objectives, such as the smooth functioning of the internal market and the strengthening of economic and social cohesion;(2) Whereas the establishment and development of trans-European transport networks throughout the territory of the Community also have the specific objectives of ensuring the sustainable mobility of persons and goods under the best possible social, environmental and safety conditions and integrating all modes of transport, taking account of their comparative advantages; whereas job creation is one of the possible spin-offs of the trans-European network;(3) Whereas the Commission’s White Paper on the development of a common transport policy calls for optimum use to be made of existing capacities and for the integration of all networks relating to the various modes of transport into a trans-European network for the road, rail, inland waterway, sea and air transport of passengers and goods and for combined transport;(4) Whereas short distance shipping may, inter alia, help to relieve congestion on inland transport routes;(5) Whereas network integration at European level can only be developed progressively by interlinking different modes of transport with a view to making better use of the inherent advantages of each;(6) Whereas, in order to achieve these objectives, action by the Community to establish guidelines is necessary in accordance with the principle of subsidiarity; whereas it is necessary to establish the broad lines and the priorities of the Community action proposed in the field of trans-European transport networks;(7) Whereas it is necessary to identify projects of common interest which contribute to the achievement of these objectives and which correspond to the priorities of the action which have thus been established; whereas only projects which are potentially economically viable should be taken into account;(8) Whereas Member States need to take account of environmental protection when implementing projects of common interest by carrying out environmental impact studies pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5) and by applying Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (6);(9) Whereas authorization for certain public and private projects likely to have a significant environmental impact should be granted only after prior assessment of that potential impact, in compliance with existing Community rules;(10) Whereas it is necessary to identify projects of common interest concerning not only the various modes of transport in a multimodal approach but also traffic management and user information systems and positioning and navigation systems;(11) Whereas one of the aims of this Decision is to identify such projects of common interest; whereas these projects are identified in Annex I, Annex II and in the enacting terms of this Decision; whereas the European Council in Essen attributed particular importance to fourteen of these projects;(12) Whereas the Commission should submit every two years a report on the implementation of this Decision and every five years a report indicating whether the guidelines require revision;(13) Whereas a Committee should be set up at the Commission with tasks which include assisting the Commission when it examines the implementation and development of these guidelines,HAVE ADOPTED THIS DECISION:SECTION 1 GENERAL PRINCIPLES

Article 1
1. The purpose of this Decision shall be to establish the guidelines covering the objectives, priorities and broad lines of measures envisaged in the area of the trans-European transport network; these guidelines identify projects of common interest, the implementation of which should contribute to the development of the network throughout the Community.
2. The guidelines referred to in paragraph 1 shall constitute a general reference framework intended to encourage the Member States and, where appropriate, the Community in carrying out projects of common interest, the purpose of which is to ensure the cohesion, interconnection and interoperability of the trans-European transport network, as well as access to that network. These projects shall form a common objective, the implementation of which depends on their degree of maturity and the availability of financial resources, without prejudging the financial commitment of a Member State or the Community. These guidelines are also intended to facilitate the involvement of the private sector.
3. Essential requirements relating to:
– the interoperability of the trans-European transport network,
– transport telematics and ancillary services,
shall be defined in accordance with the Treaty and separately from this Decision.

Article 2
1. The trans-European transport network shall be established gradually by 2010 by integrating land, sea and air transport infrastructure networks throughout the Community in accordance with the outline plans indicated on the maps in Annex I and/or the specifications in Annex II.
2. The network must:
(a) ensure the sustainable mobility of persons and goods within an area without internal frontiers under the best possible social and safety conditions, while helping to achieve the Community’s objectives, particularly in regard to the environment and competition, and contribute to strengthening economic and social cohesion;
(b) offer users high-quality infrastructure on acceptable economic terms;
(c) include all modes of transport, taking account of their comparative advantages;
(d) allow the optimal use of existing capacities;
(e) be, insofar as possible, interoperable within modes of transport and encourage intermodality between the different modes of transport;
(f) be, insofar as possible, economically viable;
(g) cover the whole territory of the Member States of the Community so as to facilitate access in general, link island, landlocked and peripheral regions to the central regions and interlink without bottlenecks the major conurbations and regions of the Community;
(h) be capable of being connected to the networks of the European Free Trade Association (EFTA) States, the countries of Central and Eastern Europe and the Mediterranean countries, while at the same time promoting interoperability and access to these networks, insofar as this proves to be in the Community’s interest.

Article 3
Scope of the network
1. The trans-European network shall comprise transport infrastructure, traffic management systems and positioning and navigation systems.
2. The transport infrastructure shall comprise road, rail and inland waterway networks, the seaports, and inland waterway ports and other interconnection points.
3. The traffic management systems and the positioning and navigation systems shall include the necessary technical installations and information and telecommunications systems to ensure harmonious operation of the network and efficient traffic management.

Article 4
Broad lines of measures
The broad lines of Community measures shall cover:
(a) the drawing up and revision of the network outline plans;
(b) the identification of projects of common interest;
(c) the adaptation of the existing network;
(d) the promotion of network interoperability;
(e) the optimum combination of modes of transport, inter alia, by creating interconnection centres, which in the case of freight should be located, insofar as possible, away from urban centres, in order to render possible the effective operation of intermodality;
(f) the pursuit of consistency and complementarity of financial aid in line with the rules applicable to each financial instrument;
(g) research and development;
(h) cooperation with third countries concerned by development of the network and the conclusion of suitable agreements with them;
(i) incentives for Member States and international organizations to further the objectives pursued by the Community;
(j) promotion of continuous cooperation between interested parties;
(k) any other measures which prove necessary for the achievement of the objectives referred to in Article 2.

Article 5
The priorities, taking account of the objectives set out in Article 2, shall be:
(a) establishment and development of the connections, key links and interconnections needed to eliminate bottlenecks, fill in missing sections and complete major routes;
(b) establishment and development of infrastructure for access to the network, making it possible to link island, landlocked and peripheral regions with the central regions of the Community;
(c) the optimum combination and integration of the various modes of transport;
(d) integration of environmental concerns into the design and development of the network;
(e) gradual achievement of interoperability of network components;
(f) optimization of the capacity and efficiency of existing infrastructure;
(g) establishment of and improvement in interconnection points and intermodal platforms;
(h) improved safety and network reliability;
(i) the development and establishment of systems for the management and control of network traffic and user information with a view to optimizing use of the infrastructures;
(j) studies contributing to improved design and better implementation of the trans-European transport network.

Article 6
Third-country networks
Promotion by the Community of projects of common interest and network interconnection and interoperability in order to ensure the compatibility of third-country networks with the trans-European transport network shall be determined on a case-by-case basis in accordance with the appropriate procedures in the Treaty.

Article 7
Projects of common interest
1. In compliance with the rules of the Treaty, particularly as regards questions of competition, any project shall be considered to be of common interest which:
– pursues the objectives set out in Article 2,
– concerns the network described in Article 3,
– corresponds to one or more of the priorities set out in Article 5, and
– is potentially economically viable on the basis of analysis of the socio-economic costs and benefits.
2. Projects shall relate to an element of the network described in Articles 9 to 17 and shall in particular:
– relate to the routes identified on the maps in Annex I, and/or
– correspond to the specifications or criteria in Annex II.
3. Member States shall take any measures which they consider necessary within the framework of the principles laid down in Article 1 (2).

Article 8
Environmental protection
1. When projects are developed and carried out, environmental protection must be taken into account by the Member States through execution of environmental impact assessments of projects of common interest which are to be implemented, pursuant to Directive 85/337/EEC and through the application of Directive 92/43/EEC.
2. The Commission:
(a) will develop appropriate methods of analysis for strategically evaluating the environmental impact of the whole network;
(b) will develop appropriate methods of corridor analysis covering all relevant transport modes without prejudice to the definition of the corridors themselves. In the development of the corridor concept account should be taken of the need to link all Member States and regions into the trans-European transport network and in particular the need to link island, landlocked and peripheral regions with the central regions of the Union.
The result of this work shall, as and where appropriate, be taken into account by the Commission in its report on the guidelines provided for in Article 21 with a view to achieving the objectives set out in Article 2.

Article 9
Characteristics
1. The trans-European road network shall comprise motorways and high-quality roads, whether existing, new or to be adapted, which:
– play an important role in long-distance traffic, or
– bypass the main urban centres on the routes identified by the network, or
– provide interconnection with other modes of transport, or
– link landlocked and peripheral regions to central regions of the Community.
2. The network shall guarantee users a high, uniform and continuous level of services, comfort and safety.
3. The network shall include infrastructure for traffic management and user information, based on active cooperation between traffic management systems at European, national and regional levels.

Article 10
Characteristics
1. The rail network shall comprise the high-speed rail network and the conventional rail network.
2. The high-speed rail network shall comprise:
– specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h using current or new technology,
– specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,
– specially upgraded high speed lines which have special features as a result of topographical, relief or town planning constraints, on which the speed must be adapted to each case.
This network shall be defined by the lines indicated in Annex I as high-speed lines or lines adapted for high speed.
3. The conventional rail network shall comprise lines for conventional rail transport, including the rail segment of combined transport referred to in Article 14.
4. The network shall:
– play an important role in long-distance goods and passenger traffic,
– play an important role in the operation of long-distance combined transport,
– permit interconnection with the networks of other modes of transport and access to regional and local rail networks.
5. The network shall offer users a high level of quality and safety, owing to its continuity and to gradual implementation of its interoperability, brought about in particular by technical harmonization and a harmonized command and control system.

Article 11
Characteristics
1. The trans-European inland waterway network shall comprise rivers and canals and various branches and links which connect them. It shall, in particular, render possible the interconnection between industrial regions and major conurbations and link them to ports.
2. The minimum technical characteristics for waterways forming part of the network shall be those laid down for a class IV waterway, which allows the passage of a vessel or a pushed train of craft 80 to 85 m long and 9,50 m wide. Where a waterway forming part of the network is modernized or constructed, the technical specifications should correspond at least to class IV, should enable class Va/Vb to be achieved at a later date and should make satisfactory provision for the passage of vessels used for combined transport. Class Va allows the passage of a vessel or a pushed train of craft 110 m long and 11,40 m wide and class Vb allows the passage of a pushed train of craft 172 to 185 m long and 11,40 m wide.
3. Inland ports shall form part of the network, in particular as points of interconnection between the waterways referred to in paragraph 2 and other modes of transport.
4. The network shall include the traffic management infrastructure.

Article 12
Characteristics
Seaports shall permit the development of sea transport and shall constitute shipping links for islands and the points of interconnection between sea transport and other modes of transport. They shall provide equipment and services to transport operators. Their infrastructure shall provide a range of services for passenger and goods transport, including ferry services and short- and long-distance shipping services, including coastal shipping, within the Community and between the latter and third countries.

Article 13
Characteristics
1. The trans-European airport network shall comprise airports situated within the territory of the Community which are open to commercial air traffic and which comply with the criteria set out in Annex II. These airports shall be classified differently according to the volume and type of traffic they handle and according to their function within the network. They shall permit the development of air links and the interconnection of air transport and other modes of transport.
2. The international connecting points and the Community connecting points shall constitute the core of the trans-European airport network. Links between the Community and the rest of the world shall be mainly via the international connecting points. The Community connecting points shall essentially provide links within the Community, with extra-Community services still accounting for a small proportion of their business. Regional connecting points and accessibility points shall facilitate access to the core of the network or help to open up peripheral and isolated regions.

Article 14
Characteristics
1. The trans-European combined transport network shall comprise:
– railways and inland waterways which are suitable for combined transport and shipping which, combined where appropriate with initial and/or terminal road haulage, permit the long-distance transport of goods;
– installations permitting transhipment between railways, inland waterways, shipping routes and roads;
– suitable rolling stock, on a provisional basis, where the characteristics of the infrastructure, as yet unadapted, so require.

Article 15
Characteristics
The trans-European shipping management and information network shall concern:
– coastal and port shipping management systems,
– vessel positioning systems,
– reporting systems for vessels transporting dangerous or polluting goods,
– communications systems for distress and safety at sea,
so as to guarantee a high level of safety and efficiency of shipping and environmental protection in shipping zones belonging to Community Member States.

Article 16
Characteristics
The trans-European air traffic management network shall comprise the airspace reserved for general aviation, airways, air navigation aids, the traffic planning and management systems and the air traffic control system (control centres, surveillance and communications facilities) that are necessary for safe and efficient aviation in European airspace.

Article 17
Characteristics
The trans-European positioning and navigation systems network shall comprise the satellite positioning and navigation systems and the systems to be defined in the future European Radio Navigation Plan. These systems shall provide a reliable and efficient positioning and navigation service which can be used by all modes of transport.

Article 18
Committee for the exchange of information and report
1. Member States shall regularly notify the Commission of the national plans and programmes which they have drawn up for the development of the trans-European transport network, in particular as regards the projects of common interest identified by this Decision.
2. A Committee on the Trans-European Transport Network, hereinafter called ‘the Committee`, is hereby set up at the Commission; it shall be composed of representatives of the Member States and chaired by a representative of the Commission. The Committee shall exchange information on the plans and programmes notified by Member States and may consider any question relating to the development of the trans-European transport network.
3. The Commission shall report every two years to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation of the guidelines described in this Decision.
The Committee referred to in paragraph 2 shall assist the Commission in the preparation of its report.

Article 20
Multimodal transport and traffic management
Among the other projects of common interest listed in Annexes I and II, those concerning multimodal transport and new traffic-management techniques shall be given special attention with a view to completion of the network.

Article 21
Revision of the guidelines
1. Every five years after the entry into force of this Decision, and for the first time before 1 July 1999, the Commission shall submit a report to the European Parliament and the Council indicating whether the guidelines should be adapted to take account of economic developments and technological developments in the transport field, in particular in rail transport.
In drawing up the report, the Commission shall be assisted by the Committee referred to in Article 18.
2. Further to the report referred to in paragraph 1, the Commission shall, if necessary, submit appropriate proposals.

Article 22
Council Decision 78/174/EEC of 20 February 1978 instituting a consultation procedure and setting up a committee in the field of transport infrastructure (7) is hereby repealed.

Article 23
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

Article 24
This Decision is addressed to the Member States.
Done at Brussels, 23 July 1996.
For the European Parliament
The President
For the Council
(1) OJ No C 220, 8. 8. 1994, p. 1 and OJ No C 97, 20. 4. 1995, p. 1.
(2) OJ No C 397, 31. 12. 1994, p. 23.
(3) OJ No C 210, 14. 8. 1995, p. 34.
(4) Opinion of the European Parliament of 18 May 1995 (OJ No C 151, 19. 6. 1995, p. 234). Council Common Position of 28 September 1995 (OJ No C 331, 8. 12. 1995, p. 1) and Decision of the European Parliament of 13 December 1995 (OJ No C 17, 22. 1. 1996, p. 58). Council Decision of 15 July 1996 and Decision of the European Parliament of 17 July 1996 (not yet published in the Official Journal).
(5) OJ No L 175, 5. 7. 1985, p. 40.
(6) OJ No L 206, 22. 7. 1992, p. 7.
(7) OJ No L 54, 25. 2. 1978, p. 16.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),(1) Whereas the establishment and development of trans-European networks contribute to the attainment of major Community objectives, such as the smooth functioning of the internal market and the strengthening of economic and social cohesion;(2) Whereas the establishment and development of trans-European transport networks throughout the territory of the Community also have the specific objectives of ensuring the sustainable mobility of persons and goods under the best possible social, environmental and safety conditions and integrating all modes of transport, taking account of their comparative advantages; whereas job creation is one of the possible spin-offs of the trans-European network;(3) Whereas the Commission’s White Paper on the development of a common transport policy calls for optimum use to be made of existing capacities and for the integration of all networks relating to the various modes of transport into a trans-European network for the road, rail, inland waterway, sea and air transport of passengers and goods and for combined transport;(4) Whereas short distance shipping may, inter alia, help to relieve congestion on inland transport routes;(5) Whereas network integration at European level can only be developed progressively by interlinking different modes of transport with a view to making better use of the inherent advantages of each;(6) Whereas, in order to achieve these objectives, action by the Community to establish guidelines is necessary in accordance with the principle of subsidiarity; whereas it is necessary to establish the broad lines and the priorities of the Community action proposed in the field of trans-European transport networks;(7) Whereas it is necessary to identify projects of common interest which contribute to the achievement of these objectives and which correspond to the priorities of the action which have thus been established; whereas only projects which are potentially economically viable should be taken into account;(8) Whereas Member States need to take account of environmental protection when implementing projects of common interest by carrying out environmental impact studies pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5) and by applying Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (6);(9) Whereas authorization for certain public and private projects likely to have a significant environmental impact should be granted only after prior assessment of that potential impact, in compliance with existing Community rules;(10) Whereas it is necessary to identify projects of common interest concerning not only the various modes of transport in a multimodal approach but also traffic management and user information systems and positioning and navigation systems;(11) Whereas one of the aims of this Decision is to identify such projects of common interest; whereas these projects are identified in Annex I, Annex II and in the enacting terms of this Decision; whereas the European Council in Essen attributed particular importance to fourteen of these projects;(12) Whereas the Commission should submit every two years a report on the implementation of this Decision and every five years a report indicating whether the guidelines require revision;(13) Whereas a Committee should be set up at the Commission with tasks which include assisting the Commission when it examines the implementation and development of these guidelines,HAVE ADOPTED THIS DECISION:SECTION 1 GENERAL PRINCIPLES
1. The purpose of this Decision shall be to establish the guidelines covering the objectives, priorities and broad lines of measures envisaged in the area of the trans-European transport network; these guidelines identify projects of common interest, the implementation of which should contribute to the development of the network throughout the Community.
2. The guidelines referred to in paragraph 1 shall constitute a general reference framework intended to encourage the Member States and, where appropriate, the Community in carrying out projects of common interest, the purpose of which is to ensure the cohesion, interconnection and interoperability of the trans-European transport network, as well as access to that network. These projects shall form a common objective, the implementation of which depends on their degree of maturity and the availability of financial resources, without prejudging the financial commitment of a Member State or the Community. These guidelines are also intended to facilitate the involvement of the private sector.
3. Essential requirements relating to:
– the interoperability of the trans-European transport network,
– transport telematics and ancillary services,
shall be defined in accordance with the Treaty and separately from this Decision.
1. The trans-European transport network shall be established gradually by 2010 by integrating land, sea and air transport infrastructure networks throughout the Community in accordance with the outline plans indicated on the maps in Annex I and/or the specifications in Annex II.
2. The network must:
(a) ensure the sustainable mobility of persons and goods within an area without internal frontiers under the best possible social and safety conditions, while helping to achieve the Community’s objectives, particularly in regard to the environment and competition, and contribute to strengthening economic and social cohesion;
(b) offer users high-quality infrastructure on acceptable economic terms;
(c) include all modes of transport, taking account of their comparative advantages;
(d) allow the optimal use of existing capacities;
(e) be, insofar as possible, interoperable within modes of transport and encourage intermodality between the different modes of transport;
(f) be, insofar as possible, economically viable;
(g) cover the whole territory of the Member States of the Community so as to facilitate access in general, link island, landlocked and peripheral regions to the central regions and interlink without bottlenecks the major conurbations and regions of the Community;
(h) be capable of being connected to the networks of the European Free Trade Association (EFTA) States, the countries of Central and Eastern Europe and the Mediterranean countries, while at the same time promoting interoperability and access to these networks, insofar as this proves to be in the Community’s interest.
Scope of the network
1. The trans-European network shall comprise transport infrastructure, traffic management systems and positioning and navigation systems.
2. The transport infrastructure shall comprise road, rail and inland waterway networks, the seaports, and inland waterway ports and other interconnection points.
3. The traffic management systems and the positioning and navigation systems shall include the necessary technical installations and information and telecommunications systems to ensure harmonious operation of the network and efficient traffic management.
Broad lines of measures
The broad lines of Community measures shall cover:
(a) the drawing up and revision of the network outline plans;
(b) the identification of projects of common interest;
(c) the adaptation of the existing network;
(d) the promotion of network interoperability;
(e) the optimum combination of modes of transport, inter alia, by creating interconnection centres, which in the case of freight should be located, insofar as possible, away from urban centres, in order to render possible the effective operation of intermodality;
(f) the pursuit of consistency and complementarity of financial aid in line with the rules applicable to each financial instrument;
(g) research and development;
(h) cooperation with third countries concerned by development of the network and the conclusion of suitable agreements with them;
(i) incentives for Member States and international organizations to further the objectives pursued by the Community;
(j) promotion of continuous cooperation between interested parties;
(k) any other measures which prove necessary for the achievement of the objectives referred to in Article 2.
The priorities, taking account of the objectives set out in Article 2, shall be:
(a) establishment and development of the connections, key links and interconnections needed to eliminate bottlenecks, fill in missing sections and complete major routes;
(b) establishment and development of infrastructure for access to the network, making it possible to link island, landlocked and peripheral regions with the central regions of the Community;
(c) the optimum combination and integration of the various modes of transport;
(d) integration of environmental concerns into the design and development of the network;
(e) gradual achievement of interoperability of network components;
(f) optimization of the capacity and efficiency of existing infrastructure;
(g) establishment of and improvement in interconnection points and intermodal platforms;
(h) improved safety and network reliability;
(i) the development and establishment of systems for the management and control of network traffic and user information with a view to optimizing use of the infrastructures;
(j) studies contributing to improved design and better implementation of the trans-European transport network.
Third-country networks
Promotion by the Community of projects of common interest and network interconnection and interoperability in order to ensure the compatibility of third-country networks with the trans-European transport network shall be determined on a case-by-case basis in accordance with the appropriate procedures in the Treaty.
Projects of common interest
1. In compliance with the rules of the Treaty, particularly as regards questions of competition, any project shall be considered to be of common interest which:
– pursues the objectives set out in Article 2,
– concerns the network described in Article 3,
– corresponds to one or more of the priorities set out in Article 5, and
– is potentially economically viable on the basis of analysis of the socio-economic costs and benefits.
2. Projects shall relate to an element of the network described in Articles 9 to 17 and shall in particular:
– relate to the routes identified on the maps in Annex I, and/or
– correspond to the specifications or criteria in Annex II.
3. Member States shall take any measures which they consider necessary within the framework of the principles laid down in Article 1 (2).
Environmental protection
1. When projects are developed and carried out, environmental protection must be taken into account by the Member States through execution of environmental impact assessments of projects of common interest which are to be implemented, pursuant to Directive 85/337/EEC and through the application of Directive 92/43/EEC.
2. The Commission:
(a) will develop appropriate methods of analysis for strategically evaluating the environmental impact of the whole network;
(b) will develop appropriate methods of corridor analysis covering all relevant transport modes without prejudice to the definition of the corridors themselves. In the development of the corridor concept account should be taken of the need to link all Member States and regions into the trans-European transport network and in particular the need to link island, landlocked and peripheral regions with the central regions of the Union.
The result of this work shall, as and where appropriate, be taken into account by the Commission in its report on the guidelines provided for in Article 21 with a view to achieving the objectives set out in Article 2.
Characteristics
1. The trans-European road network shall comprise motorways and high-quality roads, whether existing, new or to be adapted, which:
– play an important role in long-distance traffic, or
– bypass the main urban centres on the routes identified by the network, or
– provide interconnection with other modes of transport, or
– link landlocked and peripheral regions to central regions of the Community.
2. The network shall guarantee users a high, uniform and continuous level of services, comfort and safety.
3. The network shall include infrastructure for traffic management and user information, based on active cooperation between traffic management systems at European, national and regional levels.
Characteristics
1. The rail network shall comprise the high-speed rail network and the conventional rail network.
2. The high-speed rail network shall comprise:
– specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h using current or new technology,
– specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,
– specially upgraded high speed lines which have special features as a result of topographical, relief or town planning constraints, on which the speed must be adapted to each case.
This network shall be defined by the lines indicated in Annex I as high-speed lines or lines adapted for high speed.
3. The conventional rail network shall comprise lines for conventional rail transport, including the rail segment of combined transport referred to in Article 14.
4. The network shall:
– play an important role in long-distance goods and passenger traffic,
– play an important role in the operation of long-distance combined transport,
– permit interconnection with the networks of other modes of transport and access to regional and local rail networks.
5. The network shall offer users a high level of quality and safety, owing to its continuity and to gradual implementation of its interoperability, brought about in particular by technical harmonization and a harmonized command and control system.
Characteristics
1. The trans-European inland waterway network shall comprise rivers and canals and various branches and links which connect them. It shall, in particular, render possible the interconnection between industrial regions and major conurbations and link them to ports.
2. The minimum technical characteristics for waterways forming part of the network shall be those laid down for a class IV waterway, which allows the passage of a vessel or a pushed train of craft 80 to 85 m long and 9,50 m wide. Where a waterway forming part of the network is modernized or constructed, the technical specifications should correspond at least to class IV, should enable class Va/Vb to be achieved at a later date and should make satisfactory provision for the passage of vessels used for combined transport. Class Va allows the passage of a vessel or a pushed train of craft 110 m long and 11,40 m wide and class Vb allows the passage of a pushed train of craft 172 to 185 m long and 11,40 m wide.
3. Inland ports shall form part of the network, in particular as points of interconnection between the waterways referred to in paragraph 2 and other modes of transport.
4. The network shall include the traffic management infrastructure.
Characteristics
Seaports shall permit the development of sea transport and shall constitute shipping links for islands and the points of interconnection between sea transport and other modes of transport. They shall provide equipment and services to transport operators. Their infrastructure shall provide a range of services for passenger and goods transport, including ferry services and short- and long-distance shipping services, including coastal shipping, within the Community and between the latter and third countries.
Characteristics
1. The trans-European airport network shall comprise airports situated within the territory of the Community which are open to commercial air traffic and which comply with the criteria set out in Annex II. These airports shall be classified differently according to the volume and type of traffic they handle and according to their function within the network. They shall permit the development of air links and the interconnection of air transport and other modes of transport.
2. The international connecting points and the Community connecting points shall constitute the core of the trans-European airport network. Links between the Community and the rest of the world shall be mainly via the international connecting points. The Community connecting points shall essentially provide links within the Community, with extra-Community services still accounting for a small proportion of their business. Regional connecting points and accessibility points shall facilitate access to the core of the network or help to open up peripheral and isolated regions.
Characteristics
1. The trans-European combined transport network shall comprise:
– railways and inland waterways which are suitable for combined transport and shipping which, combined where appropriate with initial and/or terminal road haulage, permit the long-distance transport of goods;
– installations permitting transhipment between railways, inland waterways, shipping routes and roads;
– suitable rolling stock, on a provisional basis, where the characteristics of the infrastructure, as yet unadapted, so require.
Characteristics
The trans-European shipping management and information network shall concern:
– coastal and port shipping management systems,
– vessel positioning systems,
– reporting systems for vessels transporting dangerous or polluting goods,
– communications systems for distress and safety at sea,
so as to guarantee a high level of safety and efficiency of shipping and environmental protection in shipping zones belonging to Community Member States.
Characteristics
The trans-European air traffic management network shall comprise the airspace reserved for general aviation, airways, air navigation aids, the traffic planning and management systems and the air traffic control system (control centres, surveillance and communications facilities) that are necessary for safe and efficient aviation in European airspace.
Characteristics
The trans-European positioning and navigation systems network shall comprise the satellite positioning and navigation systems and the systems to be defined in the future European Radio Navigation Plan. These systems shall provide a reliable and efficient positioning and navigation service which can be used by all modes of transport.
Committee for the exchange of information and report
1. Member States shall regularly notify the Commission of the national plans and programmes which they have drawn up for the development of the trans-European transport network, in particular as regards the projects of common interest identified by this Decision.
2. A Committee on the Trans-European Transport Network, hereinafter called ‘the Committee`, is hereby set up at the Commission; it shall be composed of representatives of the Member States and chaired by a representative of the Commission. The Committee shall exchange information on the plans and programmes notified by Member States and may consider any question relating to the development of the trans-European transport network.
3. The Commission shall report every two years to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation of the guidelines described in this Decision.
The Committee referred to in paragraph 2 shall assist the Commission in the preparation of its report.
Multimodal transport and traffic management
Among the other projects of common interest listed in Annexes I and II, those concerning multimodal transport and new traffic-management techniques shall be given special attention with a view to completion of the network.
Revision of the guidelines
1. Every five years after the entry into force of this Decision, and for the first time before 1 July 1999, the Commission shall submit a report to the European Parliament and the Council indicating whether the guidelines should be adapted to take account of economic developments and technological developments in the transport field, in particular in rail transport.
In drawing up the report, the Commission shall be assisted by the Committee referred to in Article 18.
2. Further to the report referred to in paragraph 1, the Commission shall, if necessary, submit appropriate proposals.
Council Decision 78/174/EEC of 20 February 1978 instituting a consultation procedure and setting up a committee in the field of transport infrastructure (7) is hereby repealed.
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States.
Done at Brussels, 23 July 1996.
For the European Parliament
The President
For the Council
(1) OJ No C 220, 8. 8. 1994, p. 1 and OJ No C 97, 20. 4. 1995, p. 1.
(2) OJ No C 397, 31. 12. 1994, p. 23.
(3) OJ No C 210, 14. 8. 1995, p. 34.
(4) Opinion of the European Parliament of 18 May 1995 (OJ No C 151, 19. 6. 1995, p. 234). Council Common Position of 28 September 1995 (OJ No C 331, 8. 12. 1995, p. 1) and Decision of the European Parliament of 13 December 1995 (OJ No C 17, 22. 1. 1996, p. 58). Council Decision of 15 July 1996 and Decision of the European Parliament of 17 July 1996 (not yet published in the Official Journal).
(5) OJ No L 175, 5. 7. 1985, p. 40.
(6) OJ No L 206, 22. 7. 1992, p. 7.
(7) OJ No L 54, 25. 2. 1978, p. 16.
NETWORK SCHEMES ILLUSTRATED BY MAPS (1*)
CRITERIA AND SPECIFICATIONS FOR PROJECTS OF COMMON INTEREST (1*)
LIST OF THE FOURTEEN PROJECTS ADOPTED BY THE EUROPEAN COUNCIL AT ESSEN ON 9 AND 10 DECEMBER 1994
1. High-speed train/combined transport north-south:
Nuremberg-Erfurt-Halle/Leipzig-Berlin
Brenner axis: Verona-Munich
2. High-speed train (Paris-Brussels-Cologne-Amsterdam-London):
Belgium: F/B border – Brussels – Liège – B/D border;
Brussels – B/NL border
United Kingdom: London – Channel Tunnel access
Netherlands: B/NL border – Rotterdam – Amsterdam
Germany: (Aachen) G27 Cologne – Rhine/Main
3. High-speed train south:
Madrid-Barcelona-Perpignan-Montpelier
Madrid-Vitoria-Dax
4. High-speed train east:
Paris-Metz-Strasbourg-Appenweier-(Karlsruhe) with junctions to Metz-Saarbrücken- Mannheim and Metz-Luxembourg
5. Conventional rail/combined transport: Betuwe line
Rotterdam – NL/D border – (Rhine/Ruhr)
6. High-speed train/combined transport: France-Italy
Lyons-Turin
Turin-Milan-Venice-Trieste
7. Greek motorways: Pathe: Rio Antirio, Patras-Athens-Thessaloniki-Promahon (Greek/Bulgarian border) and Via Egnatia: Igoumenitsa – Thessaloniki – Alexandroupolis – Ormenio (Greek/Bulgarian border) – Kipi (Greek/Turkish border)
8. Motorway Lisbon-Valladolid
9. Conventional rail link: Cork-Dublin-Belfast-Larne-Stranraer
10. Malpensa Airport (Milan)
11. Fixed rail/road link between Denmark and Sweden (Øresund fixed link) including access routes for road, rail, air
12. Nordic triangle (rail/road)
13. Ireland/United Kingdom/Benelux Road link
14. West Coast main line (rail)
JOINT STATEMENT
The European Parliament, the Council and the Commission stress the importance they attach to the establishment and coherent development of the trans-European transport network. They welcome the adoption of this Decision establishing the network and identifying in particular projects of common interest, enabling the legislative framework for the trans-European transport network to be completed.
They note that those projects contribute to achieving the objectives laid down in Article 2, may in particular make a vital contribution to competitiveness, job creation and cohesion in the Union and also meet the need to link island, landlocked and peripheral regions with the central regions of the Community. They emphasize in this context that the fact that those projects are identified by Annex I, Annex II and the enacting terms of this Decision makes them eligible for a financial contribution from the Community which may facilitate and accelerate their effective implementation by the Member States concerned.
The European Parliament, the Council and the Commission call on the Member States to attach the greatest importance to implementing those projects, to which they devote special attention. The Commission undertakes to keep them regularly informed of their implementation, inter alia, by means of the reports provided for in Articles 18 and 21.
The European Parliament, the Council and the Commission note the projects adopted by the European Parliament on second reading, with a view to the development of the trans-European transport network.
COMMISSION STATEMENTS
– Re section 5 of Annex I: seaports:
The Commission will submit in 1997, after consulting interested parties and the Member States concerned, a report and, if appropriate, a proposal for port projects using an approach similar to that followed for airports in section 6.
– Re environmental standards and a pipeline network:
The Commission will:
(a) continue to examine environmental standards for each transport mode;
(b) study the possibility of setting up a pipeline network not covered by the guidelines for the trans-European energy networks and the possibility of incorporating it into the trans-European network;
and will submit any appropriate proposals.
– Re Annex I:
The Commission will examine, with a view to determining whether they qualify for inclusion in Annex I, the projects voted for by Parliament on second reading. This examination will be undertaken as part of the revision procedure provided for in Article 21.
– Re Articles 19 and 20, and Annex III:
The Commission confirms that nothing in this Decision prejudges the financial commitment of the Member States or the Community.
– Re Article 20:
In accordance with Article 6 (1) of Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks, the Commission states that in evaluating projects for support under the trans-European networks budget it will pay due attention to projects of a multi-modal nature, notably those involving long-distance routes to peripheral regions.

Pending: 31996D0482

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from, third countries, of poultry and hatching eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 23 (1), 24 and 26 (2) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas Commission Decision 95/233/EC (3) established a list of third countries from which importation of live poultry and hatching eggs is authorized in principle;Whereas the countries or parts thereof appearing on this list have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC (4) as amended by Decision 94/438/EC (5);Whereas the general and special animal health conditions and the veterinary certificates required for the importation of poultry or hatching eggs have to be laid down; whereas also the sampling and testing procedures have to be laid down; whereas all these requirements have to be at least equivalent to those laid down by Directive 90/539/EEC and any implementing Decision for intra-Community trade;Whereas a list of third countries entitled to use the certificates laid down in this Decision is established by Commission Decision 96/483/EC (6);Whereas furthermore the conditions, and therefore the certificates, can be different for small consignments of poultry; whereas the conditions and the certificates for such small consignments should be established in a separate Decision;Whereas therefore the general health situation of the third countries must be taken into account; whereas certain third countries appearing on the abovementioned list are only to be authorized for imports of certain categories of poultry and hatching eggs;Whereas it is necessary, in respect of imports of ratites and hatching eggs thereof, and because of the biological differences between those birds and the other poultry species, to postpone the establishment of animal health conditions and veterinary certification until the Scientific Veterinary Committee has given an opinion as to the risks involved in such imports;Whereas, with regard to the category of products concerned and to the need to avoid any deterioration of the health status on the territory of the Community, it is necessary to establish an isolation and observation period followed by clinical examination;Whereas the Commission may review this Decision at any time if the animal health status of the countries concerned is changed;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
1. The provisions of this Decision shall apply to imports of poultry and hatching eggs as defined in points 1 and 2 of Article 2 of Directive 90/539/EEC with the exception of ratites and hatching eggs thereof.
2. The provisions of this Decision shall not apply to imports of single consignments of fewer than 20 units of poultry or hatching eggs.
3. For the purpose of this Decision the definitions contained in Article 1 of Decision 93/342/EEC shall apply as necessary.

Article 2
1. Member States shall authorize imports of:
(a) breeding and productive poultry, confirming to the requirements laid down in the model animal health certificate set out as Model A in Annex I and coming from third countries or parts thereof listed in column A of the Annex to Decision 96/483/EC;
(b) hatching eggs, conforming to the requirements laid down in the model animal health certificate set out as Model B in Annex I and coming from third countries or parts thereof listed in column B of the Annex to Decision 96/483/EC;
(c) day-old chicks, conforming to the requirements laid down in the model animal health certificate set out as Model C in Annex I and coming from third countries or parts thereof listed in column C of the Annex to Decision 96/483/EC;
(d) slaughter poultry, and poultry for restocking game supplies, conforming to the requirements laid down in the model animal health certificate set out as Model D in Annex I and coming from third countries or parts listed in column D of the Annex to Decision 96/483/EC;
provided that they are accompanied by the relevant certificate, duly completed and signed.
2. Breeding and productive poultry, hatching eggs and day-old chicks must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.

Article 3
1. After importation, breeding or productive poultry or day-old chicks shall be kept on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
After their importation as hatching eggs, the poultry hatched from those eggs shall be kept for a period of at least three weeks from the day of hatching in the holding(s) to which they have been sent after hatching.
2. During the periods mentioned in paragraph 1 and during the hatching of the eggs, the imported poultry or eggs and the poultry hatched from such eggs shall be kept separately from non-imported ones. Therefore, poultry shall be kept in poultryhouses where no other flocks are present and the eggs must be hatched in separate incubators and hatchers.
By way of derogation from the first subparagraph, Member States may authorize imported poultry or eggs to be added to poultry or eggs respectively which are already present in the poultryhouse or incubator/hatcher. In that event, the periods specified in paragraph 1 start running from the introduction of the last imported bird or egg respectively.
The poultry must undergo a clinical examination by an authorized veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraph 1.
The periods mentioned in paragraph 1 shall be extended if suspicion of avian influenza or Newcastle disease cannot be ruled out.

Article 4
If the poultry, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex I, the sampling for testing and the testing itself must be executed according to the protocols laid down in Annex II.

Article 5
This Decision shall apply from 1 October 1996.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 12 July 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 303, 31. 10. 1990, p. 6.
(2) OJ No L 268, 24. 9. 1991, p. 56.
(3) OJ No L 156, 7. 7. 1995, p. 76.
(4) OJ No L 137, 8. 6. 1993, p. 24.
(5) OJ No L 181, 15. 7. 1994, p. 35.
(6) See page 28 of this Official Journal.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from, third countries, of poultry and hatching eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 23 (1), 24 and 26 (2) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas Commission Decision 95/233/EC (3) established a list of third countries from which importation of live poultry and hatching eggs is authorized in principle;Whereas the countries or parts thereof appearing on this list have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC (4) as amended by Decision 94/438/EC (5);Whereas the general and special animal health conditions and the veterinary certificates required for the importation of poultry or hatching eggs have to be laid down; whereas also the sampling and testing procedures have to be laid down; whereas all these requirements have to be at least equivalent to those laid down by Directive 90/539/EEC and any implementing Decision for intra-Community trade;Whereas a list of third countries entitled to use the certificates laid down in this Decision is established by Commission Decision 96/483/EC (6);Whereas furthermore the conditions, and therefore the certificates, can be different for small consignments of poultry; whereas the conditions and the certificates for such small consignments should be established in a separate Decision;Whereas therefore the general health situation of the third countries must be taken into account; whereas certain third countries appearing on the abovementioned list are only to be authorized for imports of certain categories of poultry and hatching eggs;Whereas it is necessary, in respect of imports of ratites and hatching eggs thereof, and because of the biological differences between those birds and the other poultry species, to postpone the establishment of animal health conditions and veterinary certification until the Scientific Veterinary Committee has given an opinion as to the risks involved in such imports;Whereas, with regard to the category of products concerned and to the need to avoid any deterioration of the health status on the territory of the Community, it is necessary to establish an isolation and observation period followed by clinical examination;Whereas the Commission may review this Decision at any time if the animal health status of the countries concerned is changed;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The provisions of this Decision shall apply to imports of poultry and hatching eggs as defined in points 1 and 2 of Article 2 of Directive 90/539/EEC with the exception of ratites and hatching eggs thereof.
2. The provisions of this Decision shall not apply to imports of single consignments of fewer than 20 units of poultry or hatching eggs.
3. For the purpose of this Decision the definitions contained in Article 1 of Decision 93/342/EEC shall apply as necessary.
1. Member States shall authorize imports of:
(a) breeding and productive poultry, confirming to the requirements laid down in the model animal health certificate set out as Model A in Annex I and coming from third countries or parts thereof listed in column A of the Annex to Decision 96/483/EC;
(b) hatching eggs, conforming to the requirements laid down in the model animal health certificate set out as Model B in Annex I and coming from third countries or parts thereof listed in column B of the Annex to Decision 96/483/EC;
(c) day-old chicks, conforming to the requirements laid down in the model animal health certificate set out as Model C in Annex I and coming from third countries or parts thereof listed in column C of the Annex to Decision 96/483/EC;
(d) slaughter poultry, and poultry for restocking game supplies, conforming to the requirements laid down in the model animal health certificate set out as Model D in Annex I and coming from third countries or parts listed in column D of the Annex to Decision 96/483/EC;
provided that they are accompanied by the relevant certificate, duly completed and signed.
2. Breeding and productive poultry, hatching eggs and day-old chicks must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.
1. After importation, breeding or productive poultry or day-old chicks shall be kept on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
After their importation as hatching eggs, the poultry hatched from those eggs shall be kept for a period of at least three weeks from the day of hatching in the holding(s) to which they have been sent after hatching.
2. During the periods mentioned in paragraph 1 and during the hatching of the eggs, the imported poultry or eggs and the poultry hatched from such eggs shall be kept separately from non-imported ones. Therefore, poultry shall be kept in poultryhouses where no other flocks are present and the eggs must be hatched in separate incubators and hatchers.
By way of derogation from the first subparagraph, Member States may authorize imported poultry or eggs to be added to poultry or eggs respectively which are already present in the poultryhouse or incubator/hatcher. In that event, the periods specified in paragraph 1 start running from the introduction of the last imported bird or egg respectively.
The poultry must undergo a clinical examination by an authorized veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraph 1.
The periods mentioned in paragraph 1 shall be extended if suspicion of avian influenza or Newcastle disease cannot be ruled out.
If the poultry, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex I, the sampling for testing and the testing itself must be executed according to the protocols laid down in Annex II.
This Decision shall apply from 1 October 1996.
This Decision is addressed to the Member States.
Done at Brussels, 12 July 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 303, 31. 10. 1990, p. 6.
(2) OJ No L 268, 24. 9. 1991, p. 56.
(3) OJ No L 156, 7. 7. 1995, p. 76.
(4) OJ No L 137, 8. 6. 1993, p. 24.
(5) OJ No L 181, 15. 7. 1994, p. 35.
(6) See page 28 of this Official Journal.
>REFERENCE TO A FILM>
Protocols for the standardization of materials and procedures for veterinary tests in connection with the import of poultry and hatching eggs from third countries
1. Newcastle disease
The sampling and testing methods have to comply with the methods described in the Annex to Commission Decision 92/340/EEC on testing of poultry for Newcastle disease prior to movement, in application of Article 12 of Council Directive 90/539/EEC.
2. Salmonella pullorum
– The sampling methods have to comply with the methods described in Annex II, Chapter III of Directive 90/539/EEC.
– The testing methods have to comply with the methods described in the Manual of Standards for diagnostic tests and vaccines, edited by OIE in Paris (B67).
3. Salmonella gallinarum
– The sampling methods have to comply with the methods described in Annex II, Chapter III of Directive 90/539/EEC.
– The testing methods have to comply with the methods described in the Manual of Standards for diagnostic tests and vaccines, edited by OIE in Paris (B62).
4. Salmonella arizonae
Serological examination: 60 birds have to be sampled at the point of lay. Testing has to be carried out in accordance with the methods described in the Manual of Standards for diagnostic tests and vaccines, edited by OIE in Paris (B31, B47).
5. Mycoplasma gallisepticum
– The sampling methods have to comply with the methods described in Annex II, Chapter III of Directive 90/539/EEC.
– The testing methods have to comply with the methods described in the Manual of Standards for diagnostic tests and vaccines, edited by OIE in Paris (B65).
6. Mycoplasma meleagridis
The sampling methods have to comply with the methods described in Annex II, Chapter III of Directive 90/539/EEC.

Pending: 31996D0301

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Directive 96/14/EC (2), and in particular Article 15 (3) thereof,Whereas, where a Member State considers that there is an imminent danger of the introduction into its territory of Pseudomonas solanacearum (Smith) Smith, the cause of potato brown rot, from a third country, it may temporarily take any additional measures necessary to protect itself from that danger;Whereas France, on the basis of continued interceptions of Pseudomonas solanacearum in potatoes originating in Egypt adopted on 19 March 1996 measures to implement a ban on potatoes originating in Egypt, with a view to ensuring more efficient protection against the introduction of Pseudomonas solanacearum from Egypt into France;Whereas Finland adopted on 4 April 1996 similar measures against the introduction of that organism into Finland;Whereas Spain and Denmark subsequently adopted such measures on 16 and 22 April 1996 respectively against the introduction into their respective territories;Whereas, based on the experiences gained during the current import season, and information gathered from the Egyptian authorities during a recent mission in Egypt, it becomes apparent that the current provisions concerning the ‘area freedom` requirement are not sufficient to protect the Community adequately and that additional measures are necessary, whereby under the provisions of the safeguard measures it is appropriate to take into consideration the Egyptian potato production system and the current stage of the production season;Whereas therefore the concepts of ‘basin` for the Desert production area and of ‘village` for the Delta production area should be used as reference for the areas in which Pseudomonas solanacearum is not known to occur;Whereas, moreover, there should also be an indication of the basin/village coding system for the identification of areas, qualified for the production of potatoes for export to the Community, on both the labels and the required phytosanitary certificates;Whereas, if it becomes apparent that the additional measures referred to in

Article 1
Tubers of Solanum tuberosum L., other than those intended for planting, which originate in Egypt, may be introduced into the territory of the Community, but only if, in addition to the special requirement laid down in Annex IV, Part A, Section I, point 25.8 of Directive 77/93/EEC, the measures as laid down in the Annex of this Decision are complied with. The additional measures specified in 2 (a) and (b) of the Annex shall apply only to consignments leaving Egypt after the Commission has informed Egypt of these measures.

Article 2
The importing Member States shall provide the Commission and the other Member States, before 30 November 1996, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 3 of the Annex; copies of each plant health certificate shall be transmitted to the Commission.

Article 3
The Member States shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and spread of Pseudomonas solanacearum (Smith) Smith in such a manner that the measures comply with Article 1.

Article 4
This Decision shall be reviewed by 30 November 1996 at the latest.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 3 May 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 68, 19. 3. 1996, p. 24.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Directive 96/14/EC (2), and in particular Article 15 (3) thereof,Whereas, where a Member State considers that there is an imminent danger of the introduction into its territory of Pseudomonas solanacearum (Smith) Smith, the cause of potato brown rot, from a third country, it may temporarily take any additional measures necessary to protect itself from that danger;Whereas France, on the basis of continued interceptions of Pseudomonas solanacearum in potatoes originating in Egypt adopted on 19 March 1996 measures to implement a ban on potatoes originating in Egypt, with a view to ensuring more efficient protection against the introduction of Pseudomonas solanacearum from Egypt into France;Whereas Finland adopted on 4 April 1996 similar measures against the introduction of that organism into Finland;Whereas Spain and Denmark subsequently adopted such measures on 16 and 22 April 1996 respectively against the introduction into their respective territories;Whereas, based on the experiences gained during the current import season, and information gathered from the Egyptian authorities during a recent mission in Egypt, it becomes apparent that the current provisions concerning the ‘area freedom` requirement are not sufficient to protect the Community adequately and that additional measures are necessary, whereby under the provisions of the safeguard measures it is appropriate to take into consideration the Egyptian potato production system and the current stage of the production season;Whereas therefore the concepts of ‘basin` for the Desert production area and of ‘village` for the Delta production area should be used as reference for the areas in which Pseudomonas solanacearum is not known to occur;Whereas, moreover, there should also be an indication of the basin/village coding system for the identification of areas, qualified for the production of potatoes for export to the Community, on both the labels and the required phytosanitary certificates;Whereas, if it becomes apparent that the additional measures referred to in
Tubers of Solanum tuberosum L., other than those intended for planting, which originate in Egypt, may be introduced into the territory of the Community, but only if, in addition to the special requirement laid down in Annex IV, Part A, Section I, point 25.8 of Directive 77/93/EEC, the measures as laid down in the Annex of this Decision are complied with. The additional measures specified in 2 (a) and (b) of the Annex shall apply only to consignments leaving Egypt after the Commission has informed Egypt of these measures.
The importing Member States shall provide the Commission and the other Member States, before 30 November 1996, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 3 of the Annex; copies of each plant health certificate shall be transmitted to the Commission.
The Member States shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and spread of Pseudomonas solanacearum (Smith) Smith in such a manner that the measures comply with Article 1.
This Decision shall be reviewed by 30 November 1996 at the latest.
This Decision is addressed to the Member States.
Done at Brussels, 3 May 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 68, 19. 3. 1996, p. 24.
For the purpose of the provisions of Article 1, the following additional measures shall be complied with:
1. (i) ‘area` shall be defined, for the delta region, by ‘village` (administrative units already established which cover a group of ‘basins`), and for the desert regions, by ‘basin` (irrigation unit);
(ii) ‘not known to occur` shall refer to a village or basin, as specified under (i), in which no outbreak of Pseudomonas solanacearum (Smith) Smith has occurred;
(iii) ‘list of qualified areas` shall mean the list officially established by the competent Egyptian authorities indicating the areas as specified in (i) in which Pseudomonas solanacearum (Smith) Smith is not known to occur, within the meaning of (ii), by their individual or collective names and by their individual official code number, which has been made available to the Commission prior to the first introduction of early potatoes following the coming into force of this Decision;
2. (a) the potatoes destined for introduction into the Community shall have been, in Egypt:
– officially inspected, on cut tubers of samples of at least 200 tubers each, taken from each lot or, if the lot exceeds 25 tonnes, from every 25 tonnes or part thereof in such a lot, immediately prior to shipment, for symptoms of potato brown rot caused by Pseudomonas solanacearum (Smith) Smith and found free from such symptoms in these inspections,
– officially tested, in accordance with an appropriate method specified by the Commission, for latent infection on samples taken from each consignment, and found free from Pseudomonas solanacearum (Smith) Smith in such testing; one sample per area as specified in 1 (i) and represented in the consignment must be taken, but in any case at least five samples must be taken,
– harvested, handled and bagged separately, including reasonably separate use of machinery, basin by basin, wherever possible, and in any case area by area as specified in 1 (i),
– prepared in lots, each of which shall be made up exclusively by potatoes which were harvested in one single area as specified in 1 (i),
– clearly labelled, on each bag, with an indelible indication of the relevant official code number as given in the ‘list of qualified areas`, and of the relevant lot number,
– accompanied by the official phytosanitary certificate required under Article 12 (1) (b) of Directive 77/93/EEC indicating the lot number(s) under the section ‘Distinguishing marks`, and the official code number(s), as referred to in the previous indent, under the section ‘Additional declaration`; the lot number of the lot from which a sample has been taken for the purpose specified in the second indent above, as well as the official statement that the testing has been carried out, shall also be indicated in that section;
(b) the points of entry authorized for the introduction of relevant potatoes and the name and address of the responsible official body in charge of each point shall have been notified by the Member States to the Commission, which will inform the other Member States and Egypt thereof;
(c) the responsible official body in charge of the point of entry should have received advanced notification of the likely time of arrival of consignments of potatoes as well as of the amount thereof. In absence of any advance notification, the provisions of Article 5 (4) of Council Directive 83/643/EEC (1), as last amended by Directive 91/342/EEC (2), shall apply;
3. at the point of entry, the potatoes shall be subjected to the inspections required pursuant to Article 12 of Directive 77/93/EEC, and such inspections, comprising at least inspections of the type as specified in 2 (a), first indent, shall be done on each lot in a consignment.
Those inspections shall be completed by testing, in accordance with an appropriate method, for latent infection on samples taken from each consignment; one sample per area as specified in 1 (i) and represented in the consignment must be taken, but in any case at least five samples must be taken.
The lots concerned shall remain separate under official control and may not be marketed or used until it has been established that the presence of Pseudomonas solanacearum (Smith) Smith was not suspected or detected in those examinations;
4. the Commission shall ensure that it receives information of the details and the results of the testing referred to in 2 (a) second indent. The ‘list of qualified areas` shall be adjusted by the Commission according to these results and to the findings made under 3;
5. Member States shall lay down appropriate labelling requirements with the aim of preventing the potatoes from being planted.
(1) OJ No L 359, 22. 12. 1983, p. 8.
(2) OJ No L 187, 13. 7. 1991, p. 47.

Pending: 31995D0514

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (1), and in particular Article 16 (1) thereof, Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (2), and in particular Article 16 (1) thereof, Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (3), and in particular Article 16 (1) thereof, Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (4), and in particular Article 15 (1) thereof, Having regard to the proposal from the Commission, Whereas there are rules on official seed control in Australia, Bulgaria, Canada, Switzerland, Croatia, the Czech Republic, Hungary, Israel, Morocco, New Zealand, Poland, Romania, Argentina, Chile, Slovakia, Slovenia, Turkey, Uruguay, the United States of America and South Africa; whereas these rules provide for an official field inspection to be carried out during the period of seed production; Whereas the abovementioned rules provide in principle that basic seed, certified seed and certified seed of the first generation may be officially certified and their packages officially closed in accordance with the OECD schemes and for the varietal certification of seed moving in international trade; whereas, furthermore, such rules provide for seed sampling and testing in accordance with the methods of the International Seed Testing Association (‘ISTA`); Whereas in the respective third countries an examination of these rules and the manner in which they are applied has shown that the prescribed field inspection of seed producing crops satisfies the relevant conditions laid down in the abovementioned Directives; whereas the conditions governing seed harvested and controlled in these countries afford the same assurances as regards the seed’s characteristics, the arrangements for its examination, for ensuring identity, for marking and for control, as do the conditions applicable to seed, harvested and controlled within the Community; Whereas Decision 85/355/EEC (5), which established equivalence for field inspections in the abovementioned countries and Decision 85/356/EEC (6) which established equivalences for seed produced in the abovementioned countries, expired on 30 June 1995; whereas a new decision is therefore necessary; Whereas the OECD schemes for the varietal certification of seed moving in international trade, upon which this Decision is based, may be modified in the near future; whereas, in these circumstances, it appears desirable to limit the continuation of the equivalence under this Decision to 18 months; Whereas this Decision is without prejudice to a possible renewal of the equivalence in respect of Cyprus where seed production and field inspections did not take place under Decisions 85/355/EEC and 85/356/EEC; Whereas this Decision does not preclude Community findings being revoked where the conditions on which they are based cease to be satisfied; whereas, to this end, further practical information on seed produced in the abovementioned countries should be obtained by growing and checking samples of such seed in Community comparative tests; Whereas certain provisions in this decision are subject to technical amendment; whereas, to simplify the procedures, such modifications should be dealt with under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, HAS ADOPTED THIS DECISION:

Article 1
It is hereby declared that field inspections of seed producing crops of the categories ‘certified seed` and ‘certified seed for the first generation`, carried out in the countries and by the Authorities listed in Part I of the Annex hereto, and in respect of the group of species or species specified therein, satisfy the conditions laid down in Part A of Annex I to Directive 66/400/EEC and in Annex I to Directives 66/401/EEC, 66/402/EEC and 69/208/EEC in so far as the conditions laid down in Part II (A) of the Annex hereto are satisfied.

Article 2
It is hereby also declared that where the conditions laid down in Part II (B) of the Annex hereto are satisfied, seed of the categories ‘basic seed`, ‘certified seed` and ‘certified seed of the first generation` harvested in the countries listed in Part I of the Annex and officially controlled by the respective Authorities also listed in Part I of the Annex and belonging to the group of species or species specified therein, is equivalent to seed of the corresponding categories harvested within the Community and complying with Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC.

Article 3
1. Seed which has not been officially certified by an Authority of the producer country is also equivalent within the meaning of Article 2 in so far as the following conditions are fulfilled:
– the seed has been harvested in the Community and been subjected to the prescribed field inspection, and – the seed has been officially certified by an Authority referred to in the Annex for the species concerned and belonging to the country where the seeds of the previous generation, which shall have been produced either in the Community or in that country, were officially certified.
2. By way of derogation from the first indent of paragraph 1 of this Article, equivalence may be granted to seeds harvested in certain specific third countries, in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC, on condition that such countries enjoy, under this Decision, equivalence of field inspections carried out in third countries and have been subject in those countries to the prescribed field inspection.

Article 4
Where ‘relabelling and refastening` as referred to in the OECD schemes takes place within the Community, the provisions laid down in Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC with respect to reclosing of packages of seed produced within the Community shall apply mutatis mutandis, without prejudice to the OECD rules applicable to such operations. EC labels shall not be used for this purpose.
The conditions under which exceptions to the prohibition referred to in the first paragraph may be provided for shall be decided on, where appropriate, in accordance with the procedure laid down for in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC.

Article 5
Technical and administrative amendments to be made to Annex I, with exception of those concerning column 1 of the table in Part I of that Annex, shall be adopted in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and in Article 20 of Directive 69/208/EEC.

Article 6
This Decision shall apply from 1 July 1995 to 31 December 1996.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 29 November 1995.
For the Council The President L. ATIENZA SERNA

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (1), and in particular Article 16 (1) thereof, Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (2), and in particular Article 16 (1) thereof, Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (3), and in particular Article 16 (1) thereof, Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (4), and in particular Article 15 (1) thereof, Having regard to the proposal from the Commission, Whereas there are rules on official seed control in Australia, Bulgaria, Canada, Switzerland, Croatia, the Czech Republic, Hungary, Israel, Morocco, New Zealand, Poland, Romania, Argentina, Chile, Slovakia, Slovenia, Turkey, Uruguay, the United States of America and South Africa; whereas these rules provide for an official field inspection to be carried out during the period of seed production; Whereas the abovementioned rules provide in principle that basic seed, certified seed and certified seed of the first generation may be officially certified and their packages officially closed in accordance with the OECD schemes and for the varietal certification of seed moving in international trade; whereas, furthermore, such rules provide for seed sampling and testing in accordance with the methods of the International Seed Testing Association (‘ISTA`); Whereas in the respective third countries an examination of these rules and the manner in which they are applied has shown that the prescribed field inspection of seed producing crops satisfies the relevant conditions laid down in the abovementioned Directives; whereas the conditions governing seed harvested and controlled in these countries afford the same assurances as regards the seed’s characteristics, the arrangements for its examination, for ensuring identity, for marking and for control, as do the conditions applicable to seed, harvested and controlled within the Community; Whereas Decision 85/355/EEC (5), which established equivalence for field inspections in the abovementioned countries and Decision 85/356/EEC (6) which established equivalences for seed produced in the abovementioned countries, expired on 30 June 1995; whereas a new decision is therefore necessary; Whereas the OECD schemes for the varietal certification of seed moving in international trade, upon which this Decision is based, may be modified in the near future; whereas, in these circumstances, it appears desirable to limit the continuation of the equivalence under this Decision to 18 months; Whereas this Decision is without prejudice to a possible renewal of the equivalence in respect of Cyprus where seed production and field inspections did not take place under Decisions 85/355/EEC and 85/356/EEC; Whereas this Decision does not preclude Community findings being revoked where the conditions on which they are based cease to be satisfied; whereas, to this end, further practical information on seed produced in the abovementioned countries should be obtained by growing and checking samples of such seed in Community comparative tests; Whereas certain provisions in this decision are subject to technical amendment; whereas, to simplify the procedures, such modifications should be dealt with under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, HAS ADOPTED THIS DECISION:
It is hereby declared that field inspections of seed producing crops of the categories ‘certified seed` and ‘certified seed for the first generation`, carried out in the countries and by the Authorities listed in Part I of the Annex hereto, and in respect of the group of species or species specified therein, satisfy the conditions laid down in Part A of Annex I to Directive 66/400/EEC and in Annex I to Directives 66/401/EEC, 66/402/EEC and 69/208/EEC in so far as the conditions laid down in Part II (A) of the Annex hereto are satisfied.
It is hereby also declared that where the conditions laid down in Part II (B) of the Annex hereto are satisfied, seed of the categories ‘basic seed`, ‘certified seed` and ‘certified seed of the first generation` harvested in the countries listed in Part I of the Annex and officially controlled by the respective Authorities also listed in Part I of the Annex and belonging to the group of species or species specified therein, is equivalent to seed of the corresponding categories harvested within the Community and complying with Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC.
1. Seed which has not been officially certified by an Authority of the producer country is also equivalent within the meaning of Article 2 in so far as the following conditions are fulfilled:
– the seed has been harvested in the Community and been subjected to the prescribed field inspection, and – the seed has been officially certified by an Authority referred to in the Annex for the species concerned and belonging to the country where the seeds of the previous generation, which shall have been produced either in the Community or in that country, were officially certified.
2. By way of derogation from the first indent of paragraph 1 of this Article, equivalence may be granted to seeds harvested in certain specific third countries, in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC, on condition that such countries enjoy, under this Decision, equivalence of field inspections carried out in third countries and have been subject in those countries to the prescribed field inspection.
Where ‘relabelling and refastening` as referred to in the OECD schemes takes place within the Community, the provisions laid down in Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC with respect to reclosing of packages of seed produced within the Community shall apply mutatis mutandis, without prejudice to the OECD rules applicable to such operations. EC labels shall not be used for this purpose.
The conditions under which exceptions to the prohibition referred to in the first paragraph may be provided for shall be decided on, where appropriate, in accordance with the procedure laid down for in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC.
Technical and administrative amendments to be made to Annex I, with exception of those concerning column 1 of the table in Part I of that Annex, shall be adopted in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and in Article 20 of Directive 69/208/EEC.
This Decision shall apply from 1 July 1995 to 31 December 1996.
This Decision is addressed to the Member States.
Done at Brussels, 29 November 1995.
For the Council The President L. ATIENZA SERNA
Countries, authorities and species
A. Conditions relating to field inspections carried out in third countries on seed producing crops 1. Field inspections shall be carried out in accordance with national rules for the application of the OECD schemes for the varietal certification of seed moving in international trade as follows:
– sugar beet seed and fodder beet seed, in the case of Beta vulgaris referred to in Directive 66/400/EEC,
– herbage and oil seed, in the case of the species referred to in Directives 66/401/EEC and 69/208/EEC,
– cereal seed, in the case of seed of the species referred to in Directive 66/402/EEC, other than Zea mays and Sorghum spp.,
– maize and sorghum seed, in the case of seed of Zea mays and Sorghum spp. referred to in Directive 66/402/EEC.
Field inspections shall be carried out by the Authorities of the producing country listed in column 2 of the table in Part I of this Annex, or any legal person, whether governed by public or by private law of that country, acting under the responsability of such Authorities, provided that such person derives no private gain from the result of the inspection.
2. Harvested seed shall be packed in officially closed packages which bear a special label provided for by the OECD for seed which is not finally certified; the label shall give the following additional information:
– reference number of the basic seed,
– name of the Member State which certified the basic seed.
3. Harvested seed shall be accompanied by an official certificate giving the following information:
– area cultivated,
– quantity of seed,
– the attestation that the conditions that have to be satisfied by the crops from which the seed comes have been fulfilled.
4. In the case of South Africa, the conditions laid down in the fourth indent of paragraph 1 is not applicable. In such case, field inspections shall be carried out in accordance with the national rules.
B. Conditions relating to seed produced in third countries 1. Basic seed, certified seed and certified seed of the first generation shall be officially certified and its packages officially closed and marked in accordance with the OECD schemes for the varietal certification of seed moving in international trade specified below, and the seed lots shall be accompanied by the certificates required under those OECD schemes:
– sugar beet seed and fodder beet seed, in the case of seed of Beta vulgaris referred to in Directive 66/400/EEC,
– herbage and oil seed, in the case of the seed of the species referred to in Directives 66/401/EEC and 69/208/EEC,
– cereal seed, in the case of seed of the species referred to in Directive 66/402/EEC, other than Zea mays and Sorghum spp.,
– maize and sorghum seed in the case of Zea mays and Sorghum spp. referred to in Directive 66/402/EEC.
Moreover, seed shall satisfy the conditions of Community rules other than those relating to varietal identity and varietal purity.
2. Field inspections and examination of the conditions to be satisfied by the seed shall be carried out by the Authorities of the producing country listed in column 2 of the table referred to in Part I of this Annex, or by any legal person whether governed by public or by private law of that country, acting under the responsibility of such Authorities, provided that such person derives no private gain from the result of the inspection or examination.
3. The conditions which seed shall satisfy in accordance with the second subparagraph of paragraph 1 are laid down in the following Directives:
– Directive 66/400/EEC, Annex I (B) – Directive 66/401/EEC, Annex II – Directive 66/402/EEC, Annex II – Directive 69/208/EEC, Annex II.
For the purpose of the examination to check whether the abovementioned conditions have been satisfied, samples shall be taken officially in accordance with the ISTA rules and their weights shall conform to the weight stipulated under such methods, taking into account those specified in the following Directives:
– Directive 66/400/EEC, Annex II, second line,
– Directive 66/401/EEC, Annex III, columns 3 and 4,
– Directive 66/402/EEC, Annex III, columns 3 and 4,
– Directive 69/208/EEC, Annex III, columns 3 and 4.
The examination shall be carried out officially in accordance with the rules established under the ISTA rules.
4. Seed shall satisfy the following additional conditions in respect of package marking:
4.1. The following official information shall be given:
– in the case of certified seed, reference number of basic seed and name of the country where that seed was officially certified,
– a statement that the seed satisfied the conditions of Community rules other than those relating to varietal identity and varietal purity: ‘the seed complies with EC rules and standards`,
– a statement that the seed has been sampled and tested in accordance with current international methods: ‘Sampled and analyzed according to ISTA rules for oranges or green certificates by . . . , (name or initials of the ISTA seed testing station)`,
– date of official closing,
– where seed lots have been ‘relabelled and refastened` within the meaning of the OECD schemes, also a statement that this operation took place, the most recent date of reclosing and the Authorities responsible therefore,
– country of production,
– declared net or gross weight or declared number of pure seeds or, in the case of beet seed, clusters,
– where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight.
This information may be given either on the OECD label or on an additional official label which shall give the name of the service and the country. Any suppliers’ labels shall be drawn up in such a manner that they cannot be confused with the additional official label.
4.2. An official notice placed inside the package shall give at least the reference number of the lot, the species and the variety; in addition, in the case of beet seed, it shall be stated where appropriate whether the seed is monogerm or precision seed.
This notice is not necessary if the minimum information is printed indelibly on the package or if an adhesive label or a label of non-tear material is used.
4.3. Any chemical treatment of the seed and the active substance shall be noted either on the official label or on a special label as well as on the container or inside it.
4.4. All information required for official labels, for official notices and for packages shall be given in at least one of the official languages of the Community.
5. The seed lots shall be accompanied by an orange or green ISTA certificate giving the information relating to the conditions in paragraph 3.
6. In the case of basic seed of varieties which are exclusively maintained within the Community, the seed of the preceding generations shall have been produced within the Community.
In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced under the responsibility of the persons responsible for the maintenance breeding, referred to in the Common Catalogue of Varieties of Agricultural Plant Species or, where the variety is not yet listed there, in the National Catalogue of the Member State of admission, either within the Community or in a third country which has been granted, under Decision 92/420/EEC (1), the equivalence of checks on practices for the maintenance of varieties carried out in third countries.
In the case of basic seed of hybrid varieties, the seed of the preceding generation may also have been produced, under the responsibility of the above person, in a third country where the variety components are maintained.
7. In the case of certified seed of the first generation, the basic seed from which it is derived shall have been produced and officially controlled and certified:

Pending: 31995D0328

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991, laying down the health conditions for the production and the placing on the market of fishery products (1) and in particular Article 11 thereof,Whereas in accordance with Article 11 of Directive 91/493/EEC the Commission has laid down the special conditions for the importation of fishery products from a significant number of third countries;Whereas for the importations of fishery products from third countries not yet covered by this type of Decision, it is advisable initially to establish a standardized model of health certificate to avoid disruptions to trade;Whereas the adoption of a standard health certificate would have positive effects on operators and for the control services and would facilitate the free circulation of imported fisheries products within the Community;Whereas the model of health certificate established by this Decision is provisional and applicable for a period of two years during which individual Decisions may be adopted; whereas the provisional certificate will no longer apply to third countries for which an individual Decision has been adopted;Whereas the veterinary checks on imported fishery products have to be carried out in accordance with Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of the veterinary checks on products entering the Community from third countries (2) as last amended by the Treaty of Accession of Austria, Finland and Sweden; whereas these checks provide for the presentation of a health certificate accompanying the imported products;Whereas the adoption of a standard model of health certificate is without prejudice to specific import conditions adopted for a third country after on the spot assessment of the health situation by Commission experts;Whereas in view of their particular status, the fishery products defined in Article 10 subparagraph 2 of Directive 91/493/EEC need not be accompanied by the health certificate referred to above;Whereas, in accordance with Article 10 of Directive 91/493/EEC, the health certificate should attest that the conditions of production, preparation, processing, storage, packaging and transport of fishery products intended for the Community are at least equivalent to those laid down in Directive 91/493/EEC;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
1. Consignments of fishery products introduced into the territories defined in Annex I of Directive 90/675/EEC shall come from an agreed establishment inspected by the competent authority of the third country, and shall be accompanied by a numbered original health certificate attesting that the health conditions of production, handling, processing, packaging and identification of the products are at least equivalent to those established by Directive 91/493/EEC. The model of the health certificate is laid down in the Annex to this Decision.
2. However, this certificate is not required for the fishery products referred to in Article 10 (2) of Directive 91/493/EEC.

Article 2
The health certificate referred to in Article 1 (1) shall consist of a single sheet of paper and shall be drawn up in at least in one of the official languages of the country of introduction into the Community, and, if necessary, into one of the languages of the country of destination.

Article 3
The health certificate provided for by this Decision does not apply for fishery products from a third country for which the individual conditions of importation are laid down elsewhere.

Article 4
This Decision shall apply from 1 July 1995 and for a period of two years.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 25 July 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 373, 31. 12. 1990, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991, laying down the health conditions for the production and the placing on the market of fishery products (1) and in particular Article 11 thereof,Whereas in accordance with Article 11 of Directive 91/493/EEC the Commission has laid down the special conditions for the importation of fishery products from a significant number of third countries;Whereas for the importations of fishery products from third countries not yet covered by this type of Decision, it is advisable initially to establish a standardized model of health certificate to avoid disruptions to trade;Whereas the adoption of a standard health certificate would have positive effects on operators and for the control services and would facilitate the free circulation of imported fisheries products within the Community;Whereas the model of health certificate established by this Decision is provisional and applicable for a period of two years during which individual Decisions may be adopted; whereas the provisional certificate will no longer apply to third countries for which an individual Decision has been adopted;Whereas the veterinary checks on imported fishery products have to be carried out in accordance with Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of the veterinary checks on products entering the Community from third countries (2) as last amended by the Treaty of Accession of Austria, Finland and Sweden; whereas these checks provide for the presentation of a health certificate accompanying the imported products;Whereas the adoption of a standard model of health certificate is without prejudice to specific import conditions adopted for a third country after on the spot assessment of the health situation by Commission experts;Whereas in view of their particular status, the fishery products defined in Article 10 subparagraph 2 of Directive 91/493/EEC need not be accompanied by the health certificate referred to above;Whereas, in accordance with Article 10 of Directive 91/493/EEC, the health certificate should attest that the conditions of production, preparation, processing, storage, packaging and transport of fishery products intended for the Community are at least equivalent to those laid down in Directive 91/493/EEC;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. Consignments of fishery products introduced into the territories defined in Annex I of Directive 90/675/EEC shall come from an agreed establishment inspected by the competent authority of the third country, and shall be accompanied by a numbered original health certificate attesting that the health conditions of production, handling, processing, packaging and identification of the products are at least equivalent to those established by Directive 91/493/EEC. The model of the health certificate is laid down in the Annex to this Decision.
2. However, this certificate is not required for the fishery products referred to in Article 10 (2) of Directive 91/493/EEC.
The health certificate referred to in Article 1 (1) shall consist of a single sheet of paper and shall be drawn up in at least in one of the official languages of the country of introduction into the Community, and, if necessary, into one of the languages of the country of destination.
The health certificate provided for by this Decision does not apply for fishery products from a third country for which the individual conditions of importation are laid down elsewhere.
This Decision shall apply from 1 July 1995 and for a period of two years.
This Decision is addressed to the Member States.
Done at Brussels, 25 July 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 373, 31. 12. 1990, p. 1.
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HEALTH CERTIFICATE
for fishery products intended for export to the European Community
Country of dispatch: Competent authority (1): Inspection body (1): Reference number of health certificate: I. Details identifying the fishery products
Description:
– species (scientific name): – state (2) or type of processing:
Type of packaging: Number of packages: Net weight: Temperature required during storage and transport: II. Provenance of the fishery products
Address(es) and number(s) of preparation or processing establishment(s) authorized for export by the competent authority:
III. Destination of the fishery products:
The fishery products are to be dispatched
from: (place of dispatch)
to: (country and place of destination)
by the following means of transport: Name and address of the consignor: Name of consignee and address at place of destination: (1) Name and address.
(2) Live intended for direct human consumption, prepared, processed, etc.
IV. Health attestation
The undersigned official inspector hereby certifies that:
(1) the fishery products described above have been handled, prepared or processed, identified, stored and transported under conditions at least equivalent to those laid down in Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products;
(2) in addition, in the case of frozen or processed bivalve molluscs, the latter have been gathered in production areas subject to conditions at least equivalent to those laid down in Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs.
Done at (place) on (date)
(Signature of the official inspector)
(Name in capitals, capacity and qualifications)
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