Pending: 32007D0365

31.5.2007 EN Official Journal of the European Union L 139/24
(1) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) As a result of the presence ofRhynchophorus ferrugineus(Olivier) (the specified organism) in the south of the Iberian Peninsula, Spain informed the Commission and the other Member States on 27 June 2006 that, on 6 June 2006, it had adopted additional official measures to prevent the further introduction into and spread within its territory of that specified organism.
(3) Rhynchophorus ferrugineus(Olivier) is not listed in Annexes I or II to Directive 2000/29/EC. However, a report of a pest-risk assessment based on the limited scientific information available has demonstrated that this specified organism causes severe tree damage including significant mortality on specific plant species, belonging to the Palmae family and restricted to plant sizes with a diameter of the stem at the base of over 5 cm (susceptible plants). The susceptible plants are present in many parts of Europe, mainly in the south where they are planted in large numbers for ornamental purposes and where they are of high environmental importance.
(4) It is therefore necessary to take emergency measures against the introduction into and spread within the Community of the specified organism.
(5) Those emergency measures should apply to the introduction and the spread of the specified organism, the demarcation of areas in the Community where the specified organism is present, the import, production, movement and control of susceptible plants in the Community. A survey to check for the presence or continued absence of the specified organism should be carried out on all plants of Palmae in the Member States to collect more scientific information about the susceptibility of plants.
(6) It is appropriate that the results of the measures be reviewed by 31 March 2008 taking into account the experiences from the first growing season under the emergency measures.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
(a) ‘specified organism’ meansRhynchophorus ferrugineus(Olivier);
(b) ‘susceptible plants’ means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm ofAreca catechu, Arenga pinnata, Borassus flabellifer, Calamus merillii, Caryota maxima, Caryota cumingii, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortuneiandWashingtoniaspp.;
(c) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).
(a) they comply with the specific import requirements in point 1 of Annex I;
(b) they are, on entry into the Community, inspected by the responsible official body for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and no signs of the specified organism have been found.
(a) have been grown throughout their life in a country where the specified organism is not known to occur; or
(b) have been grown throughout their life in a pest-free area, established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures; under the rubric ‘place of origin’ the name of the pest-free area shall be mentioned; or
(c) have, during a period of at least one year prior to export, been grown in a place of production:(i)which is registered and supervised by the national plant protection organisation in the country of origin, and(ii)where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(iii)where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed. (i) which is registered and supervised by the national plant protection organisation in the country of origin, and (ii) where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and (iii) where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.
(i) which is registered and supervised by the national plant protection organisation in the country of origin, and
(ii) where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(iii) where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.
(i) which is registered and supervised by the national plant protection organisation in the country of origin, and
(ii) where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(iii) where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.
(a) throughout their life in a Member State or third country where the specified organism is not known to occur; or
(b) throughout their life in a place of production in a pest-free area, established by the responsible official body in a Member State or by the national plant protection organisation in a third country, in accordance with relevant International Standards for Phytosanitary Measures; or
(c) in a place of production in a Member State during a period of two years prior to the movement during which:(i)the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(ii)no signs of the specified organism have been observed in official inspections carried out at least every three months; (i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and (ii) no signs of the specified organism have been observed in official inspections carried out at least every three months;
(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) no signs of the specified organism have been observed in official inspections carried out at least every three months;
(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) no signs of the specified organism have been observed in official inspections carried out at least every three months;
(d) if imported in accordance with point 1(c) of this Annex, have been grown since their introduction into the Community in a place of production in a Member State during a period of at least one year prior to the movement during which:(i)the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(ii)no signs of the specified organism have been observed in official inspections carried out at least every three months. (i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and (ii) no signs of the specified organism have been observed in official inspections carried out at least every three months.
(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) no signs of the specified organism have been observed in official inspections carried out at least every three months.
(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) no signs of the specified organism have been observed in official inspections carried out at least every three months.
(a) The demarcated areas referred to in Article 6 shall consist of the following parts:(i)an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,(ii)a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.In cases where several buffer zones overlap or are geographically close, a wider demarcated area shall be defined which includes the relevant demarcated areas and the areas between them. (i) an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting, (ii) a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.
(i) an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,
(ii) a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.
(i) an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,
(ii) a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.
(b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of the specified organism, the level of infestation, the period of the year and the particular distribution of susceptible plants in the Member State concerned.
(c) If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly.
(d) If, based on the annual surveys referred to in Article 5(1), the specified organism is not detected in a demarcated area for a period of three years, this area shall cease to exist and the measures referred to in point 2 of this Annex shall no longer be necessary.
(a) appropriate measures aiming at eradicating the specified organism;
(b) intensive monitoring for the presence of the specified organism by appropriate inspections.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 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), and in particular the third sentence of Article 16(3), thereof,
(1) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) As a result of the presence ofRhynchophorus ferrugineus(Olivier) (the specified organism) in the south of the Iberian Peninsula, Spain informed the Commission and the other Member States on 27 June 2006 that, on 6 June 2006, it had adopted additional official measures to prevent the further introduction into and spread within its territory of that specified organism.
(3) Rhynchophorus ferrugineus(Olivier) is not listed in Annexes I or II to Directive 2000/29/EC. However, a report of a pest-risk assessment based on the limited scientific information available has demonstrated that this specified organism causes severe tree damage including significant mortality on specific plant species, belonging to the Palmae family and restricted to plant sizes with a diameter of the stem at the base of over 5 cm (susceptible plants). The susceptible plants are present in many parts of Europe, mainly in the south where they are planted in large numbers for ornamental purposes and where they are of high environmental importance.
(4) It is therefore necessary to take emergency measures against the introduction into and spread within the Community of the specified organism.
(5) Those emergency measures should apply to the introduction and the spread of the specified organism, the demarcation of areas in the Community where the specified organism is present, the import, production, movement and control of susceptible plants in the Community. A survey to check for the presence or continued absence of the specified organism should be carried out on all plants of Palmae in the Member States to collect more scientific information about the susceptibility of plants.
(6) It is appropriate that the results of the measures be reviewed by 31 March 2008 taking into account the experiences from the first growing season under the emergency measures.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions
Article 1
For the purpose of this Decision, the following definitions shall apply:
(a)
‘specified organism’ meansRhynchophorus ferrugineus(Olivier);
(b)
‘susceptible plants’ means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm ofAreca catechu, Arenga pinnata, Borassus flabellifer, Calamus merillii, Caryota maxima, Caryota cumingii, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortuneiandWashingtoniaspp.;
(c)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).

Emergency measures against the specified organism
Article 2
The introduction into and spread within the Community of the specified organism shall be prohibited.

Import of susceptible plants
Article 3
Susceptible plants may be introduced into the Community only if:
(a)
they comply with the specific import requirements in point 1 of Annex I;
(b)
they are, on entry into the Community, inspected by the responsible official body for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and no signs of the specified organism have been found.

Movement of susceptible plants within the Community
Article 4
Susceptible plants originating in the Community or imported into the Community in accordance with Article 3 may be moved within the Community only if they meet the conditions in point 2 of Annex I.

Surveys and notifications
Article 5
1. Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infection by the specified organism on plants of Palmae in their territory.
Without prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys, together with the list of demarcated areas referred to in Article 6, shall be notified to the Commission and to the other Member States by 28 February of each year.
2. Any suspected occurrence or confirmed presence of the specified organism shall immediately be notified to the responsible official bodies.

Establishment of demarcated areas
Article 6
When the results of the surveys referred to in Article 5(1) or the notifications referred to in Article 5(2) confirm the presence of the specified organism in an area, or there is evidence of the presence of the specified organism by other means, Member States shall define demarcated areas and take official measures as laid down in points 1 and 2 respectively of Annex II.

Compliance
Article 7
Member States shall, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Review
Article 8
This Decision shall be reviewed by 31 March 2008 at the latest.

Addressees
Article 9
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 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), and in particular the third sentence of Article 16(3), thereof,
(1) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) As a result of the presence ofRhynchophorus ferrugineus(Olivier) (the specified organism) in the south of the Iberian Peninsula, Spain informed the Commission and the other Member States on 27 June 2006 that, on 6 June 2006, it had adopted additional official measures to prevent the further introduction into and spread within its territory of that specified organism.
(3) Rhynchophorus ferrugineus(Olivier) is not listed in Annexes I or II to Directive 2000/29/EC. However, a report of a pest-risk assessment based on the limited scientific information available has demonstrated that this specified organism causes severe tree damage including significant mortality on specific plant species, belonging to the Palmae family and restricted to plant sizes with a diameter of the stem at the base of over 5 cm (susceptible plants). The susceptible plants are present in many parts of Europe, mainly in the south where they are planted in large numbers for ornamental purposes and where they are of high environmental importance.
(4) It is therefore necessary to take emergency measures against the introduction into and spread within the Community of the specified organism.
(5) Those emergency measures should apply to the introduction and the spread of the specified organism, the demarcation of areas in the Community where the specified organism is present, the import, production, movement and control of susceptible plants in the Community. A survey to check for the presence or continued absence of the specified organism should be carried out on all plants of Palmae in the Member States to collect more scientific information about the susceptibility of plants.
(6) It is appropriate that the results of the measures be reviewed by 31 March 2008 taking into account the experiences from the first growing season under the emergency measures.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions

For the purpose of this Decision, the following definitions shall apply:
(a)
‘specified organism’ meansRhynchophorus ferrugineus(Olivier);
(b)
‘susceptible plants’ means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm ofAreca catechu, Arenga pinnata, Borassus flabellifer, Calamus merillii, Caryota maxima, Caryota cumingii, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortuneiandWashingtoniaspp.;
(c)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).

Emergency measures against the specified organism

The introduction into and spread within the Community of the specified organism shall be prohibited.

Import of susceptible plants

Susceptible plants may be introduced into the Community only if:
(a)
they comply with the specific import requirements in point 1 of Annex I;
(b)
they are, on entry into the Community, inspected by the responsible official body for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and no signs of the specified organism have been found.

Movement of susceptible plants within the Community

Susceptible plants originating in the Community or imported into the Community in accordance with Article 3 may be moved within the Community only if they meet the conditions in point 2 of Annex I.

Surveys and notifications

1. Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infection by the specified organism on plants of Palmae in their territory.
Without prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys, together with the list of demarcated areas referred to in Article 6, shall be notified to the Commission and to the other Member States by 28 February of each year.
2. Any suspected occurrence or confirmed presence of the specified organism shall immediately be notified to the responsible official bodies.

Establishment of demarcated areas

When the results of the surveys referred to in Article 5(1) or the notifications referred to in Article 5(2) confirm the presence of the specified organism in an area, or there is evidence of the presence of the specified organism by other means, Member States shall define demarcated areas and take official measures as laid down in points 1 and 2 respectively of Annex II.

Compliance

Member States shall, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Review

This Decision shall be reviewed by 31 March 2008 at the latest.

Addressees

This Decision is addressed to the Member States.

Emergency measures referred to in Articles 3 and 4 of this Decision

ANNEX I1. Specific import requirementsWithout prejudice to the provisions listed in Annex III, Part A(17) and Annex IV, Part A(I)(37) to Directive 2000/29/EC, susceptible plants originating in third countries shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that the susceptible plants, including those collected from natural habitats:

(a) | have been grown throughout their life in a country where the specified organism is not known to occur; or
(b) | have been grown throughout their life in a pest-free area, established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures; under the rubric ‘place of origin’ the name of the pest-free area shall be mentioned; or
(c) | have, during a period of at least one year prior to export, been grown in a place of production:(i)which is registered and supervised by the national plant protection organisation in the country of origin, and(ii)where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(iii)where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed. | (i) | which is registered and supervised by the national plant protection organisation in the country of origin, and | (ii) | where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and | (iii) | where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.
(i) | which is registered and supervised by the national plant protection organisation in the country of origin, and
(ii) | where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(iii) | where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.2. Conditions for movementSusceptible plants either originating in the Community or imported into the Community in accordance with Article 3, may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(1), and have been grown:

(a) | throughout their life in a Member State or third country where the specified organism is not known to occur; or
(b) | throughout their life in a place of production in a pest-free area, established by the responsible official body in a Member State or by the national plant protection organisation in a third country, in accordance with relevant International Standards for Phytosanitary Measures; or
(c) | in a place of production in a Member State during a period of two years prior to the movement during which:(i)the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(ii)no signs of the specified organism have been observed in official inspections carried out at least every three months; | (i) | the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and | (ii) | no signs of the specified organism have been observed in official inspections carried out at least every three months;
(i) | the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) | no signs of the specified organism have been observed in official inspections carried out at least every three months;or

(d) | if imported in accordance with point 1(c) of this Annex, have been grown since their introduction into the Community in a place of production in a Member State during a period of at least one year prior to the movement during which:(i)the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and(ii)no signs of the specified organism have been observed in official inspections carried out at least every three months. | (i) | the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and | (ii) | no signs of the specified organism have been observed in official inspections carried out at least every three months.
(i) | the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
(ii) | no signs of the specified organism have been observed in official inspections carried out at least every three months.
(1)
OJ L 4, 8.1.1993, p. 22. Directive as amended by Directive 2005/17/EC (OJ L 57, 3.3.2005, p. 23).

Emergency measures referred to in Article 6 of this Decision

ANNEX II1. Establishment of demarcated areas
| (a) | The demarcated areas referred to in Article 6 shall consist of the following parts:(i)an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,(ii)a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.In cases where several buffer zones overlap or are geographically close, a wider demarcated area shall be defined which includes the relevant demarcated areas and the areas between them. | (i) | an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting, | (ii) | a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.
(i) | an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,
(ii) | a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.
| (b) | The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of the specified organism, the level of infestation, the period of the year and the particular distribution of susceptible plants in the Member State concerned.
| (c) | If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly.
| (d) | If, based on the annual surveys referred to in Article 5(1), the specified organism is not detected in a demarcated area for a period of three years, this area shall cease to exist and the measures referred to in point 2 of this Annex shall no longer be necessary.2. Measures in demarcated areasThe official measures referred to in Article 6 to be taken in the demarcated areas, shall include at least the following:

(a) | appropriate measures aiming at eradicating the specified organism;
(b) | intensive monitoring for the presence of the specified organism by appropriate inspections.

Pending: 32007D0361

30.5.2007 EN Official Journal of the European Union L 138/14
(1) Paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession provides that any stock of agricultural product private as well as public, in free circulation at the date of accession within the territory of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as ‘the new Member States’), and exceeding the quantity which could be regarded as constituting a normal carry-over of stock should be eliminated at the expense of the new Member States. The concept of normal carry-over should be defined for each product on the basis of the criteria and objectives specific to each market organisation.
(2) Both the criteria and objectives particular to each market organisation and the relationship between prices in the new Member States before accession and Community prices mean that normal carryover stock should be assessed in the light of factors varying from sector to sector.
(3) The basis for calculating levels of surplus stocks should be the variation in domestic production plus imports less exports in the twelve months immediately preceding accession, namely 1 May 2003 to 30 April 2004, compared to the average of variation in domestic production plus imports less exports for the three previous twelve-month periods.
(4) The Commission invited the new Member States comments on the general methodology of the calculation and to present any arguments on specific situations which would justify higher than normal stocks. The Commission then proceeded as a first step to assess the comments on the general methodology and finalise the methodology based on an overall analysis of the situation to produce a horizontal approach to be applied to all new Member States. As a second step, an evaluation of the specific arguments put forward by the new Member States has been carried out. On the basis of the result of this evaluation, the results of the horizontal exercise have been adjusted.
(5) The results of the calculation should be adjusted to take into consideration that some categories of products, such as butter and butter-oil, different qualities of rice, hops, seeds, wine alcohol, tobacco, and cereals are effectively interchangeable and could be considered as a group, so that an increase in stock levels of certain products in a group may be offset by a reduction in stock levels of other products in the group.
(6) New Member States have suggested that production and trade could have been subject to a developing trend during the period of calculation, in particular where the economic development of their economies was affected by the prospect of accession to the European Union. Neglecting such a trend could lead to an overestimation of surplus stock levels. The calculation has thus been adjusted by the introduction of a mechanism to take into account this trend for both production and trade. (Application of this mechanism should also deal with any similar trends in internal consumption).
(7) The calculation should be based on official monthly Eurostat data transmitted by the Member States, where this is available. In cases where such data are not available or are incomplete a best estimate method should be applied using other available sources of information, established in close contact with the new Member States.
(8) The other sources of information which have been used are yearly Eurostat data, data from the new Member States' balance sheets for the products concerned, and data sent officially to the Commission by the new Member States which is certified by the national statistical authority.
(9) Certain country-specific situations have been taken into account at the request of new Member States in particular certain specific circumstances in which stocks were built up.
(10) A threshold should be introduced in order to cover situations where the resulting amounts of surplus stocks are relatively small compared to what could be regarded as a normal carry-over stock. This covers the margin of error of the statistical information gathered in the particular circumstances of the pre-accession period and the complexity and scope of this exercise. No charge should hence be payable by a new Member State on the amount of surplus stock of a particular product, as calculated, if this amount is no more than 10 % of what could be regarded as a normal carry-over stock for that product in the new Member State concerned.
(11) The most appropriate method for calculating the financial consequences of the surplus stocks, in the light of the objective of paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession should consist in an evaluation of the cost of their disposal in each sector concerned. In cases where export refunds existed for products in the year after accession, it is appropriate to establish the financial consequences on the basis of the difference between the internal and external price level, as reflected by the average export refund during the twelve-month period immediately after accession.
(12) For products not subject to export refunds in cases such as preserved mushrooms, garlic, fruit juices for which significant levels of surplus stocks have been established in certain new Member States, for an equivalent approach, it is appropriate to take as a basis the price differences between the average internal and external prices. In view of the temporary nature of the financial consequences arising from the establishment of surplus stocks for different agricultural products in certain new Member States, the corresponding amounts should be paid by the Member States concerned into the Community budget. It is necessary to fix the date on which these payments should be made.
(13) In view of the potentially important financial consequences that a Member State may face, it is justified to extend over four years the period for the payment of these amounts by the Member States concerned.
(14) Whereas the relevant management committees have not delivered opinions within the time limits set down by their chairmen,
Czech Republic Estonia Cyprus Latvia Lithuania Malta Poland Slovenia Slovakia
Product Group Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR Quantity in tonnes Amount in 1 000  EUR
Meat(*1) 13 524 6 221 18 758 7 773
Milk(*2) 4 908 6 538 2 804 2 971 521 288 551 752
Fruits(*3) 18 383 4 943 658 180 3 994 2 228 971 375 6 355 3 049
Rice 21 021 1 123 88 4 2 153 115 569 30 22 915 1 224 340 18 10 950 585
Wine 572 42 2 775 203 6 435 472
Total 12 287 6 584 115 203 3 181 288 12 449 393 3 634
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular paragraph 4 of Chapter 4 of Annex IV thereto,
(1) Paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession provides that any stock of agricultural product private as well as public, in free circulation at the date of accession within the territory of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as ‘the new Member States’), and exceeding the quantity which could be regarded as constituting a normal carry-over of stock should be eliminated at the expense of the new Member States. The concept of normal carry-over should be defined for each product on the basis of the criteria and objectives specific to each market organisation.
(2) Both the criteria and objectives particular to each market organisation and the relationship between prices in the new Member States before accession and Community prices mean that normal carryover stock should be assessed in the light of factors varying from sector to sector.
(3) The basis for calculating levels of surplus stocks should be the variation in domestic production plus imports less exports in the twelve months immediately preceding accession, namely 1 May 2003 to 30 April 2004, compared to the average of variation in domestic production plus imports less exports for the three previous twelve-month periods.
(4) The Commission invited the new Member States comments on the general methodology of the calculation and to present any arguments on specific situations which would justify higher than normal stocks. The Commission then proceeded as a first step to assess the comments on the general methodology and finalise the methodology based on an overall analysis of the situation to produce a horizontal approach to be applied to all new Member States. As a second step, an evaluation of the specific arguments put forward by the new Member States has been carried out. On the basis of the result of this evaluation, the results of the horizontal exercise have been adjusted.
(5) The results of the calculation should be adjusted to take into consideration that some categories of products, such as butter and butter-oil, different qualities of rice, hops, seeds, wine alcohol, tobacco, and cereals are effectively interchangeable and could be considered as a group, so that an increase in stock levels of certain products in a group may be offset by a reduction in stock levels of other products in the group.
(6) New Member States have suggested that production and trade could have been subject to a developing trend during the period of calculation, in particular where the economic development of their economies was affected by the prospect of accession to the European Union. Neglecting such a trend could lead to an overestimation of surplus stock levels. The calculation has thus been adjusted by the introduction of a mechanism to take into account this trend for both production and trade. (Application of this mechanism should also deal with any similar trends in internal consumption).
(7) The calculation should be based on official monthly Eurostat data transmitted by the Member States, where this is available. In cases where such data are not available or are incomplete a best estimate method should be applied using other available sources of information, established in close contact with the new Member States.
(8) The other sources of information which have been used are yearly Eurostat data, data from the new Member States’ balance sheets for the products concerned, and data sent officially to the Commission by the new Member States which is certified by the national statistical authority.
(9) Certain country-specific situations have been taken into account at the request of new Member States in particular certain specific circumstances in which stocks were built up.
(10) A threshold should be introduced in order to cover situations where the resulting amounts of surplus stocks are relatively small compared to what could be regarded as a normal carry-over stock. This covers the margin of error of the statistical information gathered in the particular circumstances of the pre-accession period and the complexity and scope of this exercise. No charge should hence be payable by a new Member State on the amount of surplus stock of a particular product, as calculated, if this amount is no more than 10 % of what could be regarded as a normal carry-over stock for that product in the new Member State concerned.
(11) The most appropriate method for calculating the financial consequences of the surplus stocks, in the light of the objective of paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession should consist in an evaluation of the cost of their disposal in each sector concerned. In cases where export refunds existed for products in the year after accession, it is appropriate to establish the financial consequences on the basis of the difference between the internal and external price level, as reflected by the average export refund during the twelve-month period immediately after accession.
(12) For products not subject to export refunds in cases such as preserved mushrooms, garlic, fruit juices for which significant levels of surplus stocks have been established in certain new Member States, for an equivalent approach, it is appropriate to take as a basis the price differences between the average internal and external prices. In view of the temporary nature of the financial consequences arising from the establishment of surplus stocks for different agricultural products in certain new Member States, the corresponding amounts should be paid by the Member States concerned into the Community budget. It is necessary to fix the date on which these payments should be made.
(13) In view of the potentially important financial consequences that a Member State may face, it is justified to extend over four years the period for the payment of these amounts by the Member States concerned.
(14) Whereas the relevant management committees have not delivered opinions within the time limits set down by their chairmen,
HAS ADOPTED THIS DECISION:

Article 1
The quantities of agricultural products in free circulation in the new Member States at the date of accession exceeding the quantities which could be regarded as constituting a normal carryover of stock at 1 May 2004, and the amounts to be charged to the new Member States in consequence of the expense of elimination of those quantities are set out in the Annex.

Article 2
1. The amounts set out in the Annex shall be considered as revenue for the Community budget.
2. The Member States may pay these amounts set out in the Annex to the Community budget in four equal instalments. The first instalment shall be paid by the last day of the second month following the month in which this Decision is notified to the new Member State concerned. Subsequent instalments shall be paid by 31 May 2008, 31 May 2009 and 31 May 2010 respectively.

Article 3
This Decision is addressed to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular paragraph 4 of Chapter 4 of Annex IV thereto,
(1) Paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession provides that any stock of agricultural product private as well as public, in free circulation at the date of accession within the territory of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as ‘the new Member States’), and exceeding the quantity which could be regarded as constituting a normal carry-over of stock should be eliminated at the expense of the new Member States. The concept of normal carry-over should be defined for each product on the basis of the criteria and objectives specific to each market organisation.
(2) Both the criteria and objectives particular to each market organisation and the relationship between prices in the new Member States before accession and Community prices mean that normal carryover stock should be assessed in the light of factors varying from sector to sector.
(3) The basis for calculating levels of surplus stocks should be the variation in domestic production plus imports less exports in the twelve months immediately preceding accession, namely 1 May 2003 to 30 April 2004, compared to the average of variation in domestic production plus imports less exports for the three previous twelve-month periods.
(4) The Commission invited the new Member States comments on the general methodology of the calculation and to present any arguments on specific situations which would justify higher than normal stocks. The Commission then proceeded as a first step to assess the comments on the general methodology and finalise the methodology based on an overall analysis of the situation to produce a horizontal approach to be applied to all new Member States. As a second step, an evaluation of the specific arguments put forward by the new Member States has been carried out. On the basis of the result of this evaluation, the results of the horizontal exercise have been adjusted.
(5) The results of the calculation should be adjusted to take into consideration that some categories of products, such as butter and butter-oil, different qualities of rice, hops, seeds, wine alcohol, tobacco, and cereals are effectively interchangeable and could be considered as a group, so that an increase in stock levels of certain products in a group may be offset by a reduction in stock levels of other products in the group.
(6) New Member States have suggested that production and trade could have been subject to a developing trend during the period of calculation, in particular where the economic development of their economies was affected by the prospect of accession to the European Union. Neglecting such a trend could lead to an overestimation of surplus stock levels. The calculation has thus been adjusted by the introduction of a mechanism to take into account this trend for both production and trade. (Application of this mechanism should also deal with any similar trends in internal consumption).
(7) The calculation should be based on official monthly Eurostat data transmitted by the Member States, where this is available. In cases where such data are not available or are incomplete a best estimate method should be applied using other available sources of information, established in close contact with the new Member States.
(8) The other sources of information which have been used are yearly Eurostat data, data from the new Member States’ balance sheets for the products concerned, and data sent officially to the Commission by the new Member States which is certified by the national statistical authority.
(9) Certain country-specific situations have been taken into account at the request of new Member States in particular certain specific circumstances in which stocks were built up.
(10) A threshold should be introduced in order to cover situations where the resulting amounts of surplus stocks are relatively small compared to what could be regarded as a normal carry-over stock. This covers the margin of error of the statistical information gathered in the particular circumstances of the pre-accession period and the complexity and scope of this exercise. No charge should hence be payable by a new Member State on the amount of surplus stock of a particular product, as calculated, if this amount is no more than 10 % of what could be regarded as a normal carry-over stock for that product in the new Member State concerned.
(11) The most appropriate method for calculating the financial consequences of the surplus stocks, in the light of the objective of paragraph 2 of Chapter 4 of Annex IV to the 2003 Act of Accession should consist in an evaluation of the cost of their disposal in each sector concerned. In cases where export refunds existed for products in the year after accession, it is appropriate to establish the financial consequences on the basis of the difference between the internal and external price level, as reflected by the average export refund during the twelve-month period immediately after accession.
(12) For products not subject to export refunds in cases such as preserved mushrooms, garlic, fruit juices for which significant levels of surplus stocks have been established in certain new Member States, for an equivalent approach, it is appropriate to take as a basis the price differences between the average internal and external prices. In view of the temporary nature of the financial consequences arising from the establishment of surplus stocks for different agricultural products in certain new Member States, the corresponding amounts should be paid by the Member States concerned into the Community budget. It is necessary to fix the date on which these payments should be made.
(13) In view of the potentially important financial consequences that a Member State may face, it is justified to extend over four years the period for the payment of these amounts by the Member States concerned.
(14) Whereas the relevant management committees have not delivered opinions within the time limits set down by their chairmen,
HAS ADOPTED THIS DECISION:
The quantities of agricultural products in free circulation in the new Member States at the date of accession exceeding the quantities which could be regarded as constituting a normal carryover of stock at 1 May 2004, and the amounts to be charged to the new Member States in consequence of the expense of elimination of those quantities are set out in the Annex.
1. The amounts set out in the Annex shall be considered as revenue for the Community budget.
2. The Member States may pay these amounts set out in the Annex to the Community budget in four equal instalments. The first instalment shall be paid by the last day of the second month following the month in which this Decision is notified to the new Member State concerned. Subsequent instalments shall be paid by 31 May 2008, 31 May 2009 and 31 May 2010 respectively.
This Decision is addressed to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia.
ANNEXQuantities exceeding normal carryover stocks and amounts to be charged to the new Member States
| Czech Republic | Estonia | Cyprus | Latvia | Lithuania | Malta | Poland | Slovenia | Slovakia
Product Group | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR | Quantity in tonnes | Amount in 1 000 EUR
Meat(*1) | 13 524 | 6 221 | | | | | | | | | | | 18 758 | 7 773 | | | |
Milk(*2) | | | 4 908 | 6 538 | | | | | 2 804 | 2 971 | 521 | 288 | 551 | 752 | | | |
Fruits(*3) | 18 383 | 4 943 | | | | | | | 658 | 180 | | | 3 994 | 2 228 | 971 | 375 | 6 355 | 3 049
Rice | 21 021 | 1 123 | 88 | 4 | 2 153 | 115 | | | 569 | 30 | | | 22 915 | 1 224 | 340 | 18 | 10 950 | 585
Wine | | | 572 | 42 | | | 2 775 | 203 | | | | | 6 435 | 472 | | | |
Total | | 12 287 | | 6 584 | | 115 | | 203 | | 3 181 | | 288 | | 12 449 | | 393 | | 3 634
(*1) 4 sub-groups: Beef & Veal, Pigmeat, Sheep & Goat, Poultry.
(*2) 4 sub-groups: Cheeses, SMP, WMP, Butter & Butter-Oil.
(*3) 9 sub-groups: Mushrooms, Mandarins, Pineapples, Orange Juice, Apple Juice, Tomatoes, Garlic, Grape Juice.

Pending: 32007D0240

21.4.2007 EN Official Journal of the European Union L 104/37
(1) At present, there are many different models for the veterinary and public and animal health certificates required by Community legislation for the import of live animals, semen, embryos, ova and products of animal origin into the Community, which are laid down in several dozen fragmentary instruments. Despite the differences in their graphic presentation, the certificates’ contents are largely identical as regards the information which has to be provided. It would greatly simplify use of the certificates by the authorities of third countries if the existing models were standardised.
(2) Standardisation is, moreover, essential for effective computer processing of the certificates in the system set up by Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as TRACES(11).
(3) Standardisation will facilitate and accelerate administrative procedures at borders, enabling the data contained in the certificates to be transferred automatically to the Common Veterinary Entry Documents laid down by Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(12)and (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(13).
(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
1 : for products in transit through the EU: Please give the name and address (street, town and post code). It is recommended that the telephone and fax numbers or the e-mail address be given. This person is responsible for the consignment when it is presented at the border inspection post and makes the necessary declarations to the competent authorities on behalf of the importer.
2 : for products, animals or semen, embryos or ova imported into the EU: Reserved for TRACES notification. Please give the name and address (street, town and post code). It is recommended that the telephone and fax numbers or the e-mail address be given.
Annexes I, II and III to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(1),
Annex II to Commission Decision 92/260/EEC of 10 April 1992 on the health conditions and health certification required for the temporary entry of registered horses(2),
Annexes II and IV to IX of Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export(3),
Annexes I and II to Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter(4),
Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production(5),
Commission Decision 95/328/EC of 25 July 1995 establishing health certification for fishery products from third countries which are not yet covered by a specific decision(6),
Annexes I and II to Commission Decision 96/333/EC of 3 May 1996 establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision(7),
Annex to Commission Decision 96/539/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of semen of the equine species(8),
Annex to Commission Decision 96/540/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(9),
Annexes II and III to Commission Decision 2000/572/EC of 8 September 2000 laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries(10),
Annex III to Commission Decision 2000/585/EC of 7 September 2000 drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports(11),
Annex A to Commission Decision of 2000/666/EC of 16 October 2000 laying down the health requirements and veterinary certification for the import of birds other than poultry and the conditions for quarantine(12),
Annexes III and IV to Commission Decision 2002/613/EC of 19 July 2002 laying down the importation conditions of semen of domestic animals of the porcine species(13),
Annexes II to V to Commission Decision of 24 January 2003 on health certificates for the importation of live animals and animal products from New Zealand(14),
Annexes IA and IB to Commission Decision 2003/779/EC of 31 October 2003 laying down animal health requirements and the veterinary certification for the import of animal casings from third countries(15),
Annex II to Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption(16),
Annexes II, IV and V to Commission Decision of 21 November 2003 laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption(17),
Annexes A and B to Commission Decision 2003/863/EC of 2 December 2003 on health certificates for the importation of animal products from the United States of America(18),
Annexes I and II to Commission Decision 2003/881/EC of 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC(19),
Annex II to Commission Decision 2004/407/EC of 26 April 2004 on transitional measures and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards imports from certain third countries of photographic gelatine(20),
Annex II to Commission Decision 2004/438/EC of 29 April 2004 laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption(21),
Annex to Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets(22),
Annex II to Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species(23),
Annexes II to V to Commission Decision 2006/168/EC of 4 January 2006 establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC(24).
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), and in particular Article 11(2) thereof,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(2), and in particular Article 10(1) thereof,
Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(3), and in particular Article 16(2) thereof,
Having regard to Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(4)and in particular Article 10(2) thereof,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(5), and in particular Articles 21(2) thereof,
Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in the specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(6), and in particular Article 17(2)(b) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(7), and particular Articles 9(4) thereof,
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(8), and in particular Article 29(6) and Article 32 thereof,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC(9)in particular Article 13(1)(e) thereof,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(10), and in particular Article 14 thereof,
(1) At present, there are many different models for the veterinary and public and animal health certificates required by Community legislation for the import of live animals, semen, embryos, ova and products of animal origin into the Community, which are laid down in several dozen fragmentary instruments. Despite the differences in their graphic presentation, the certificates’ contents are largely identical as regards the information which has to be provided. It would greatly simplify use of the certificates by the authorities of third countries if the existing models were standardised.
(2) Standardisation is, moreover, essential for effective computer processing of the certificates in the system set up by Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as TRACES(11).
(3) Standardisation will facilitate and accelerate administrative procedures at borders, enabling the data contained in the certificates to be transferred automatically to the Common Veterinary Entry Documents laid down by Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(12)and (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(13).
(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
1. The various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin shall be based on the standard models for veterinary certificates in Annex I.
2. Part I of the standard models referred to in paragraph 1 containing information on the consignment shipped replaces the corresponding parts of the model certificates laid down in the Community provisions referred to in Annex II.
3. Part II of the standard models referred to in paragraph 1, covering certification by the competent authority, includes the public health certificates, health certificates, animal health certificates, animal welfare certificates or declarations, health attestations, information or data, animal transport certificates or rules, specific requirements and specific animal health conditions as mentioned in the certificates, stipulated by the Community provisions which are referred to in Annex II.

Article 2
Veterinary and health certificates which conform with the models laid down by the Community provisions referred to in Annex II may, provided there have been no later amendments, be used by third countries.

Article 3
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), and in particular Article 11(2) thereof,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(2), and in particular Article 10(1) thereof,
Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(3), and in particular Article 16(2) thereof,
Having regard to Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(4)and in particular Article 10(2) thereof,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(5), and in particular Articles 21(2) thereof,
Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in the specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(6), and in particular Article 17(2)(b) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(7), and particular Articles 9(4) thereof,
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(8), and in particular Article 29(6) and Article 32 thereof,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC(9)in particular Article 13(1)(e) thereof,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(10), and in particular Article 14 thereof,
(1) At present, there are many different models for the veterinary and public and animal health certificates required by Community legislation for the import of live animals, semen, embryos, ova and products of animal origin into the Community, which are laid down in several dozen fragmentary instruments. Despite the differences in their graphic presentation, the certificates’ contents are largely identical as regards the information which has to be provided. It would greatly simplify use of the certificates by the authorities of third countries if the existing models were standardised.
(2) Standardisation is, moreover, essential for effective computer processing of the certificates in the system set up by Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as TRACES(11).
(3) Standardisation will facilitate and accelerate administrative procedures at borders, enabling the data contained in the certificates to be transferred automatically to the Common Veterinary Entry Documents laid down by Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(12)and (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(13).
(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
1. The various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin shall be based on the standard models for veterinary certificates in Annex I.
2. Part I of the standard models referred to in paragraph 1 containing information on the consignment shipped replaces the corresponding parts of the model certificates laid down in the Community provisions referred to in Annex II.
3. Part II of the standard models referred to in paragraph 1, covering certification by the competent authority, includes the public health certificates, health certificates, animal health certificates, animal welfare certificates or declarations, health attestations, information or data, animal transport certificates or rules, specific requirements and specific animal health conditions as mentioned in the certificates, stipulated by the Community provisions which are referred to in Annex II.
Veterinary and health certificates which conform with the models laid down by the Community provisions referred to in Annex II may, provided there have been no later amendments, be used by third countries.
This Decision is addressed to the Member States.

Part I:   live animals model

ANNEX I

Part I: Details of dispatched consignment
COUNTRY:
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel.No
I.2. Certificate reference number
I.2.a
I.3. Central Competent Authority
I.4. Local Competent Authority
I.5. Consignee
Name
Address
Postal code
Tel. No
I.6. I.7. Country of origin
ISO code
I.8. Region of origin
Code
I.9. Country of destination
ISO code
I.10. Region of destination
Code
I.11. Place of origin
Name Approval number
Address
Name Approval number
Address
Name Approval number
Address
I.12. I.13. Place of loading
Address
Approval number
I.14. Date of departure
Time of departure
I.15. Means of transport
Aeroplane
Ship
Railway wagon
Road vehicle
Other
Identification:
Documentary references:
I.16. Entry BIP in EU
I.17. No(s) of CITES
I.18. Description of commodity
I.19. Commodity code (HS code)
I.20. Quantity
I.21. I.22. Number of packages
I.23. Identification of container/seal number
I.24. I.25. Commodities certified for:
Breeding
Fattening
Slaughter
Approved body
Quarantine
Registered equidae
Game restocking
Pets
Circus/exhibition
Relaying
Other
Further process
I.26. I.27. For import or admission into EU
Definitive import
Re-entry
Temporary admission
I.28. Identification of the commodities
Species (Scientific name)
Breed/Category
Identification system
Identification number
Age
Sex
Quantity
Test
Part I: products model

Part I: Details of dispatched consignment
COUNTRY:
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel.No
I.2. Certificate reference number
I.2.a
I.3. Central Competent Authority
I.4. Local Competent Authority
I.5. Consignee
Name
Address
Postal code
Tel. No
I.6. I.7. Country of origin
ISO code
I.8. Region of origin
Code
I.9. Country of destination
ISO code
I.10. Region of destination
Code
I.11. Place of origin
Name Approval number
Address
I.12. I.13. Place of loading
I.14. Date of departure
I.15. Means of transport
Aeroplane
Ship
Railway wagon
Road vehicle
Other
Identification:
Documentary references:
I.16. Entry BIP in EU
I.17. No(s) of CITES
I.18. Description of commodity
I.19. Commodity code (HS code)
I.20. Quantity
I.21. Temperature of product
Ambient
Chilled
Frozen
I.22. Number of packages
I.23. Identification of container/Seal number
I.24. Type of packaging
I.25. Commodities certified for:
Human consumption
Animal feedingstuff
Further process
Technical use
Other
I.26. I.27. For import or admission into EU
I.28. Identification of the commodities
Species (Scientific name)
Nature of commodity
Treatment type
Abattoir
Approval number of establishments
Cutting plant/manufacturing plant
Cold store
Number of packages
Net weight
Batch number
Part I: transit/storage products model

Part I: Details of dispatched consignment
COUNTRY:
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel. No
I.2. Certificate reference number
I.2.a
I.3. Central Competent Authority
I.4. Local Competent Authority
I.5. Consignee
Name
Address
Postal code
Tel. No
I.6. Person responsible for the consignment in EU
Name
Address
Postal code
Tel. No
I.7. Country of origin
ISO code
I.8. Region of origin
Code
I.9. Country of destination
ISO code
I.10. Region of destination
Code
I.11. Place of origin
Name Approval number
Address
I.12. Place of destination
Custom warehouse
Ship supplier
Name
Approval number
Address
Postal code
I.13. Place of loading
I.14. Date of departure
I.15. Means of transport
Aeroplane
Ship
Railway wagon
Road vehicle
Other
Identification:
Documentary references:
I.16. Entry BIP in EU
I.17. No(s) of CITES
I.18. Description of commodity
I.19. Commodity code (HS code)
I.20. Quantity
I.21. Temperature of product
Ambient
Chilled
Frozen
I.22. Number of packages
I.23. Identification of container/Seal number
I.24. Type of packaging
I.25. Commodities certified for:
Human consumption
Animal feedingstuff
Further process
Technical use
Other
I.26. For transit through EU to third country
Third country
ISO code
I.27. I.28. Identification of the commodities
Species (Scientific name)
Nature of commodity
Treatment type
Abattoir
Approval number of establishments
Cutting plant/manufacturing plant
Cold store
Number of packages
Net weight
Batch number
Part I: semen, embryos and ova model

Part I: Details of dispatched consignment
COUNTRY:
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel. No
I.2. Certificate reference number
I.2.a
I.3. Central Competent Authority
I.4. Local Competent Authority
I.5. Consignee
Name
Address
Postal code
Tel. No
I.6. I.7. Country of origin
ISO code
I.8. Region of origin
Code
I.9. Country of destination
ISO code
I.10. Region of destination
Code
I.11. Place of origin
Name Approval number
Address
Name Approval number
Address
Name Approval number
Address
I.12. I.13. Place of loading
I.14. Date of departure
I.15. Means of transport
Aeroplane
Ship
Railway wagon
Road vehicle
Other
Identification:
Documentary references:
I.16. Entry BIP in EU
I.17. No(s) of CITES
I.18. Description of commodity
I.19. Commodity code (HS code)
I.20. Quantity
I.21. I.22. Number of packages
I.23. Identification of container/Seal number
I.24. I.25. Commodities certified for:
Artificial reproduction
I.26. I.27. For import or admission into EU
I.28. Identification of the commodities
Species (Scientific name)
Breed/Category
Identification mark
Date of collection
Quantity
Approval number of the centre/team
Donor identity
Part II

Part II: Certification
COUNTRY:
Certificate model (**)
II. Health information (*)
II.a. Certificate reference number
II.b.
Official veterinarian
Name (in Capital):
Date:
Stamp
Qualification and title
Signature:
(*) Specific sanitary requirement to be completed.
(**) To be replaced by the specific title of each model of certificate.
EXPLANATORY NOTES ON THE VETERINARY CERTIFICATE FOR THE IMPORT OF LIVE ANIMALS, SEMEN, EMBRYOS, OVA AND PRODUCTS OF ANIMAL ORIGIN INTO THE EUROPEAN COMMUNITYGeneral:Please complete the certificate in capitals. To positively indicate any option, please tick or insert an X.
Where mentioned, the ISO codes use the two-letter country code in compliance with the international standard ISO 3166 alpha-2.
Part I — Information on the consignment shippedCountry:Please indicate the third country issuing the certificate
Box I.1:Consignor: Please give the name and address (street, town and region/province/state, as applicable) of the physical or legal person who sends the consignment. It is recommended that telephone and fax numbers or the e-mail address be given.
Box I.2:The certificate reference number is the number that the competent authority of the third country must assign in accordance with its own classification.
Box I.2a:Reserved for TRACES notification. The TRACES number of the certificate is a unique reference number assigned by the TRACES system.
Box I.3:Competent Central Authority: The name of the Central Authority of the country of dispatch which is responsible for certification.
Box I.4:Competent Local Authority: If applicable, the name of the local authority responsible at the place of origin or place of dispatch in the country which is responsible for certification.
Box I.5:Consigneee: Please give the name and address (street, town and post code) of the physical or legal person to whom the consignment is shipped in the Member State of destination.
This information is not compulsory for goods in transit through the EU.
Box I.6Person responsible for the load in the EU:

1 | : | for products in transit through the EU: Please give the name and address (street, town and post code). It is recommended that the telephone and fax numbers or the e-mail address be given. This person is responsible for the consignment when it is presented at the border inspection post and makes the necessary declarations to the competent authorities on behalf of the importer.
2 | : | for products, animals or semen, embryos or ova imported into the EU: Reserved for TRACES notification. Please give the name and address (street, town and post code). It is recommended that the telephone and fax numbers or the e-mail address be given.This information can be amended until the Common Veterinary Entry Document is completed.
Box I.7:Country of origin: Please give the name of the third country in which the finished products were produced, manufactured or packaged or in which the animals were kept during the required period.
Box I.8:Region of origin: If applicable: This is only for species or products affected by regionalisation measures or by the setting up of approved zones in accordance with a European Community Decision. The approved regions or zones must be indicated as described in theOfficial Journal of the European Union.
Code: as indicated in the relevant regulations.
Box I.9:Country of destination: Please give the name of the Member State of destination of the animals or products.
If the products are in transit, please give the name of the third country of destination.
Box I.10:Region of destination: see Box I.8.
Box I.11:Place of origin: place from which the animals or products come.
For animals: an agricultural holding or any other officially monitored agricultural, industrial or commercial establishment, including zoos, amusement parks, wildlife and hunting reserves where animals are regularly kept or bred.
For semen, embryos and ova: collection or storage centres for semen, and embryo and ova collection or production teams.
For products or by-products of animal origin: any unit of a company in the food sector or animal feed sector. Only the establishment shipping the products or by-products is to be named and the country of dispatch if different from the country of origin.
Please give the name, address (street, town and region/province/state, as applicable) and the approval or registration number of these structures, if the latter is required by the regulation.
Box I.12:Place of destination: for storage of products in transit: Please give the name, address(street/town and postcode) and the approval or registration number of the warehouse in a free zone, customs warehouse or ship chandler.
Place of destination: for import into the EU: Reserved for TRACES notification. The place where the animals or products are sent for final unloading. Please give the name, address (street, town and post code) and the approval or registration number of the structures of the place of destination if applicable. It is recommended that telephone and fax numbers or the e-mail address be given.
Box I.13:Place of loading: for animals: please give the place where the animals are loaded and, if they are assembled beforehand, the details of the assembly centre: this applies to official assembly centres for animals before shipping. They must be approved by the offical authority or must be placed under their supervision.
For products, semen and embryos, please indicate the place of loading or the port of embarcation.
Box I.14:Date and time of departure
For animals: please give the date and time at which the animals are scheduled to leave.
For products, semen, embryos and ova, please give the date of departure.
Box I.15:Means of transport: Please give all the details on the means of transport.
The type of transport (air, ship, rail, road, other).
Identification of the means of transport: by air, the flight number, by ship, the name of the ship, by rail, the number of the train and the rail car and by road the number plate of the road vehicle and the number of the trailer if applicable. Others: means of transport not listed by Directive 91/628/EEC on the welfare of animals in transport. If the means of transport is changed after the certificate has been issued, the consignor must inform the BIP of entry into the EU.
Documentary reference: optional: please indicate the number of the airway bill, bill of loading, or the commercial number of the train or road vehicle.
Box I.16:BIP of entry into the EU: Please give the name and the number of the BIP as it appears in theOfficial Journal of the European Union. This information can be changed until the Common Veterinary Entry Document is completed.
Box I.17:CITES authorisation number: this is relevant only for animals and products listed in the Washington Convention on protected species.
Box I.18:Description of goods: Give a veterinary description of the goods or use the titles as they appear in the World Customs Organisation’s Harmonised System included in amended Regulation (EEC) No 2658/87. This customs description shall be supplemented, if necessary, by any information required to classify the goods in veterinary terms (species, processing, etc.).
Box I.19:Goods code (HS code): Please give the code as it appears in the World Customs Organisation’s Harmonised System included in amended Regulation (EEC) No 2658/87.
Box I.20:Quantity: For animals and animal products (semen, ova, embryo), please give the number of heads or straws expressed as units.
For aquaculture animals and products, please give the total gross and net weights in kg.
Box I.21:Temperature of the product: only for products of animal origin: please tick the appropriate temperature for transport/storage of the product.
Box I.22:Number of packages: Please indicate the total number of boxes, cages or stalls in which the animals are transported, the number of cryogenic containers for semen, ova and embryos and the number of packages for products.
Box I.23:Number of seals and number of containers: The seal numbers may be required by the regulations. If applicable, please indicate all the identification numbers of the seals and containers. If there is no regulatory requirement, this information is optional.
Box I.24:Type of packaging: only for products.
Box I.25:Goods certified for the purposes of: Please indicate the purpose of import of the animals or the intended use of the products (only the available options feature in each specific certificate).
Breeding: for breeding and production animals.
Fattening: only for sheep goats, cattle and pigs.
Slaughter: for animals destined for a slaughterhouse.
Quarantine: this refers to Decision 2000/666/EC for poultry, Directive 92/65/EEC for carnivores primates and bats and Council Directive 2000/88/EC for aquaculture animals.
Approved body: body, institute or centre officially approved in accordance with Directive 92/65/EEC.
Artificial reproduction: only for semen, ova and embryos.
Registered equidae: in accordance with Directive 90/426/EEC.
Restocking game: only for game for the purposes of rebuilding stocks and fish for organized restocking.
Pets: animals of the species in Annex 1 of Regulation (EC) No 998/2003 and which are involved in commercial transactions.
Circus/exhibition: for circus and show animals and aquatic animals for aquariums.
Relaying: only for aquaculture products.
Human consumption: only for products for human consumption and for which a health certificate is required by the regulations.
Animal feed: only for products for animal feed covered by Regulation (EC) No 1774/2002 of the European Parliament and the European Council.
Processing: only for products or animals which are to be processed before they are marketed.
Technical use: products not fit for human and animal consumption as defined by amended Regulation (EC) No 1774/2002 of the European Parliament and the Council.
Others: for purposes not indicated in this classification.
Box I.26:Transit through the EU to a third country: only for the transit of products of animal origin through the EU/EEA from a third country and to a third country: Please give the name and the ISO code of the country of destination (This box appears only in the certificates for transit and storage, including storage for ships chandlers).
Box I.27:For import or temporary entry into the EU (specific box for certificates for import and entry).
Final import: This option features only for the import of animal species also authorized for re-entry or temporary entry (such as registered equidae).
Re-entry: This option features only in the context of import of animal species authorized for re-entry, such as registered equidae for races, shows or cultural events after temporary export (Commission Decision 93/195/EEC).
Temporary entry: This option features only in the import of species of animals authorized for temporary entry (such as registered equidae for a maximum period of 90 days).
Box I.28:Identification of goods: Please give the requirements specific to certain animal species and types of products. The information required, which is listed exhaustively below, is set out in each specific certificate.
For live animals: Species (scientific name), breed/category, identification method, identification number, age, sex, quantity, test.
For semen, embryos and ova: Species (scientific name), breed/category, identification, collection date, approval number of the centre/team, identification of the donor, quantity.
For products: Species (scientific name), type of goods, type of processing, approval number of establishments (slaughterhouse, cutting plant/production plant, cold store), consignment number, package number, net weight.
Part II — CertificationBox II.Health information: Please give the information in compliance with the relevant regulation.
Box II.a.Reference number: cf. Box 1.2.
Box II.b.TRACES reference number: cf. Box 1.2a
Official veterinarian: Please give name, qualification and title and the date of signature. In cases covered by the relevant legislation, the veterinary inspector may be replaced by an official inspector.

List of references to legislation on veterinary and health certificates

ANNEX II
| Annexes I, II and III to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(1),
| Annex II to Commission Decision 92/260/EEC of 10 April 1992 on the health conditions and health certification required for the temporary entry of registered horses(2),
| Annexes II and IV to IX of Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export(3),
| Annexes I and II to Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter(4),
| Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production(5),
| Commission Decision 95/328/EC of 25 July 1995 establishing health certification for fishery products from third countries which are not yet covered by a specific decision(6),
| Annexes I and II to Commission Decision 96/333/EC of 3 May 1996 establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision(7),
| Annex to Commission Decision 96/539/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of semen of the equine species(8),
| Annex to Commission Decision 96/540/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(9),
| Annexes II and III to Commission Decision 2000/572/EC of 8 September 2000 laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries(10),
| Annex III to Commission Decision 2000/585/EC of 7 September 2000 drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports(11),
| Annex A to Commission Decision of 2000/666/EC of 16 October 2000 laying down the health requirements and veterinary certification for the import of birds other than poultry and the conditions for quarantine(12),
| Annexes III and IV to Commission Decision 2002/613/EC of 19 July 2002 laying down the importation conditions of semen of domestic animals of the porcine species(13),
| Annexes II to V to Commission Decision of 24 January 2003 on health certificates for the importation of live animals and animal products from New Zealand(14),
| Annexes IA and IB to Commission Decision 2003/779/EC of 31 October 2003 laying down animal health requirements and the veterinary certification for the import of animal casings from third countries(15),
| Annex II to Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption(16),
| Annexes II, IV and V to Commission Decision of 21 November 2003 laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption(17),
| Annexes A and B to Commission Decision 2003/863/EC of 2 December 2003 on health certificates for the importation of animal products from the United States of America(18),
| Annexes I and II to Commission Decision 2003/881/EC of 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC(19),
| Annex II to Commission Decision 2004/407/EC of 26 April 2004 on transitional measures and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards imports from certain third countries of photographic gelatine(20),
| Annex II to Commission Decision 2004/438/EC of 29 April 2004 laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption(21),
| Annex to Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets(22),
| Annex II to Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species(23),
| Annexes II to V to Commission Decision 2006/168/EC of 4 January 2006 establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC(24).
(1)
OJ L 146 of 14.6.1979, p. 15. Decision as last amended by Regulation (EC) No 1791/2006.
(2)
OJ L 130 of 15.5.1992, p. 67. Decision as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).
(3)
OJ L 86 of 6.4.1993, p. 1. Decision as last amended by Regulation (EC) No 1792/2006.
(4)
OJ L 86 of 6.4.1993, p. 7. Decision as last amended by Regulation (EC) No 1792/2006.
(5)
OJ L 86 of 6.4.1993, p. 16. Decision as last amended by Regulation (EC) No 1792/2006.
(6)
OJ L 191 of 12.8.1995, p. 32. Decision as last amended by Decision 2004/109/EC (OJ L 32 of 5.2.2004, p. 17).
(7)
OJ L 127 of 25.5.1996, p. 33. Decision as last amended by Decision 2004/118/EC (OJ L 36 of 7.2.2004, p. 56).
(8)
OJ L 230 of 11.9.1996, p. 23. Decision amended by Decision 2000/284/EC (OJ L 94 of 14.4.2000, p. 35).
(9)
OJ L 230 of 11.9.1996, p. 28. Decision amended by Decision 2000/284/EC.
(10)
OJ L 240 of 23.9.2000, p. 19. Decision as last amended by Decision 2004/437/EC (OJ L 154 of 30.4.2004, p. 65); corrected by OJ L 189 of 27.5.2004, p. 52).
(11)
OJ L 251 of 6.10.2000, p. 1. Decision as last amended by Regulation (EC) No 1792/2006.
(12)
OJ L 278 of 31.10.2000, p. 26. Decision as last amended by Decision 2004/279/EC (OJ L 99 of 16.4.2002, p. 17).
(13)
OJ L 196 of 25.7.2002, p. 45. Decision as last amended by Decision 2007/14/EC (OJ L 7 of 12.1.2007, p. 28).
(14)
OJ L 22 of 25.1.2003, p. 38. Decision as last amended by Decision 2006/855/EC (OJ L 338, 5.12.2006, p. 45).
(15)
OJ L 285 of 1.11.2003, p. 38. Decision amended by Decision 2004/414/EC (OJ L 151 of 30.4.2004, p. 65); corrected version in OJ L 208 of 10.6.2004, p. 56).
(16)
OJ L 302 of 20.11.2003, p. 22. Decision as last amended by Decision 2007/158/EC (OJ L 68, 8.3.2007, p. 10).
(17)
OJ L 324 of 11.12.2003, p. 37. Decision as last amended by Decision 2007/158/EC (OJ L 68, 8.3.2007, p. 10).
(18)
OJ L 325 of 12.12.2003, p. 46.
(19)
OJ L 328 of 17.12.2003, p. 26. Decision amended by Decision 2005/60/EC (OJ L 25 of 28.1.2005, p. 64).
(20)
OJ L 151 of 30.4.2004, p. 11. Decision amended by Decision 2006/311/EC (OJ L 115 of 28.4.2006, p. 40).
(21)
OJ L 154 of 30.4.2004, p. 73; corrected by OJ L 189 of 27.5.2004, p. 57). Decision as last amended by Regulation (EC) No 1792/2006.
(22)
OJ L 266 of 13.8.2004, p. 11.
(23)
OJ L 292 of 15.9.2004, p. 21. Decision as last amended by Regulation (EC) No 1792/2006.
(24)
OJ L 57 of 28.2.2006, p. 19. Decision as last amended by Regulation (EC) No 1792/2006.

Pending: 32007D0182

24.3.2007 EN Official Journal of the European Union L 84/37
(1) Chronic wasting disease is a transmissible spongiform encephalopathy (TSE) affecting cervids, which is widespread in North America but which has never been reported to date in the Community.
(2) On 3 June 2004, the European Food Safety Authority (EFSA) published an opinion recommending that a targeted surveillance should be undertaken of cervids in the Community. The aim of such surveillance would be to detect the possible presence of TSEs in cervids. Accordingly, provision should be made for Member States to carry out surveys in line with that opinion.
(3) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of TSEs in animals. That Regulation, as amended by Regulation (EC) No 1923/2006 lays down provision for monitoring programmes for TSEs in cervids. Accordingly, it is now possible to provide for surveys for TSEs in cervids to be carried out by Member States in this Decision.
(4) Those surveys should include wild and farmed deer species. Since wild deer should primarily be sampled during the hunting season which is of limited duration, in order to allow Member States sufficient time to achieve target numbers of samples, this Decision should therefore apply following the adoption of Regulation (EC) No 1923/2006 amending Regulation (EC) No 999/2001.
(5) Member States should submit an annual report of the results of those surveys on cervids. The detection of a positive finding of TSE in cervids must be immediately reported to the Commission.
(6) Member States should ensure that cervids tested for TSEs do not enter the commercial food chain until a negative result has been obtained.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) a report immediately following the discovery of a positive or inconclusive finding for transmissible spongiform encephalopathy in a cervid;
(b) an annual report of the results of surveys as set out in Annex IV.
(a) ‘target species’ means wild and farmed red deer (Cervus elaphus) and/or wild white-tailed deer (Odocoileus virginianus);
(b) ‘target Member States’ means those Member States with sufficient target species populations to allow statistically required sample sizes to be achieved; they differ depending on target species and whether wild or farmed target species and are listed in Tables 1 and 2 in Annex II;
(c) ‘clinical/sick cervids’ means cervids showing abnormal behavioural signs and/or locomotor disturbances and/or generally in poor condition;
(d) ‘road-injured or killed cervids’ means cervids hit by road vehicles for which the ante-mortem condition cannot be ascertained;
(e) ‘fallen/culled cervids’ means cervids found dead on-farm or in the wild and farmed cervids culled for health/age reasons;
(f) ‘healthy slaughtered cervids’ means healthy farmed cervids slaughtered in the slaughterhouse or on farm;
(g) ‘healthy shot cervids’ means healthy wild cervids shot during the hunting season;
(h) ‘target groups’ means the cervids defined at points (c) to (g).
(a) The target Member States, shall take samples for testing for chronic wasting disease (CWD) in accordance with Table 1 for their wild red deer and white-tailed deer population and table 2 for their farmed red deer population.Those samples may be taken from all target groups in the target Member States.
(b) The competent authority of the target Member States shall take into consideration the following criteria when deciding upon the sample selection sampling for target species:(i)all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information;(ii)in the case of healthy shot cervids, samples must be taken in particular from male cervids;(iii)in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids. (i) all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information; (ii) in the case of healthy shot cervids, samples must be taken in particular from male cervids; (iii) in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids.
(i) all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information;
(ii) in the case of healthy shot cervids, samples must be taken in particular from male cervids;
(iii) in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids.
(i) all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information;
(ii) in the case of healthy shot cervids, samples must be taken in particular from male cervids;
(iii) in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids.
(c) The competent authority of the target Member States shall take into consideration exposure to the following potential risk factors, where present, when deciding upon the sample selection for target species:(i)densely populated deer areas;(ii)high scrapie incidence;(iii)high BSE incidence;(iv)cervids which have consumed potentially TSE-contaminated feeding stuffs;(v)cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past. (i) densely populated deer areas; (ii) high scrapie incidence; (iii) high BSE incidence; (iv) cervids which have consumed potentially TSE-contaminated feeding stuffs; (v) cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past.
(i) densely populated deer areas;
(ii) high scrapie incidence;
(iii) high BSE incidence;
(iv) cervids which have consumed potentially TSE-contaminated feeding stuffs;
(v) cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past.
(i) densely populated deer areas;
(ii) high scrapie incidence;
(iii) high BSE incidence;
(iv) cervids which have consumed potentially TSE-contaminated feeding stuffs;
(v) cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past.
(d) The competent authority of the target Member States shall use random sampling to select target species for sampling.
Target species population Sample size
Czech Republic 25 000 598
Germany 150 000 598
Spain 220 000 to 290 000 598
France 100 000 598
Italy 44 000 598
Latvia 28 000 598
Hungary 74 000 598
Austria 150 000 598
Poland 600 000 598
Slovakia 38 260 598
Finland 30 000 598
United Kingdom 382 500 598
Target species population Sample size
Czech Republic ≥ 9 000 576
Germany 11 500 598
France 17 000 598
Ireland 10 000 581
Austria 10 000 581
United Kingdom 28 000 598
1. Where a cervid intended to be placed on the market for human consumption has been selected for testing for CWD, the Member States shall ensure the traceability of that carcase and ensure that it is not released for commercial sale until a negative result to the rapid test has been obtained.
2. Insofar as possible, and whenever point 1 applies, the hunter, gamekeeper or farmer, where known, shall be informed when samples are submitted for testing for CWD and the results of a positive rapid test communicated as soon as possible by authorised means.
3. The Member States shall reserve the right to retain material for further diagnostic or research purposes until a negative result to the rapid test for CWD has been obtained.
4. Insofar as possible, except for the material to be retained for further diagnostic or research purposes, all parts of the body of a cervid found positive to the rapid test, including the hide, shall be directly disposed of in accordance with Articles 4(2)(a), (b) or (e) of Regulation (EC) No 1774/2002(1).
(a) The number of cervid samples submitted for testing, by target group according to the following criteria:—species,—farmed or wild cervids,—target group,—sex,—age. — species, — farmed or wild cervids, — target group, — sex, — age.
— species,
— farmed or wild cervids,
— target group,
— sex,
— age.
— species,
— farmed or wild cervids,
— target group,
— sex,
— age.
(b) The results of the rapid and confirmatory tests (number of positives and negatives) and, where applicable, of the discriminatory testing, the tissue sampled and the rapid test and confirmatory technique used.
(c) The geographical location, including the country of origin if not the same as the reporting Member State, of positive cases of TSE.
(d) The genotype and species of each cervid found positive for TSE.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1), and in particular Article 6(1) thereof,
(1) Chronic wasting disease is a transmissible spongiform encephalopathy (TSE) affecting cervids, which is widespread in North America but which has never been reported to date in the Community.
(2) On 3 June 2004, the European Food Safety Authority (EFSA) published an opinion recommending that a targeted surveillance should be undertaken of cervids in the Community. The aim of such surveillance would be to detect the possible presence of TSEs in cervids. Accordingly, provision should be made for Member States to carry out surveys in line with that opinion.
(3) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of TSEs in animals. That Regulation, as amended by Regulation (EC) No 1923/2006 lays down provision for monitoring programmes for TSEs in cervids. Accordingly, it is now possible to provide for surveys for TSEs in cervids to be carried out by Member States in this Decision.
(4) Those surveys should include wild and farmed deer species. Since wild deer should primarily be sampled during the hunting season which is of limited duration, in order to allow Member States sufficient time to achieve target numbers of samples, this Decision should therefore apply following the adoption of Regulation (EC) No 1923/2006 amending Regulation (EC) No 999/2001.
(5) Member States should submit an annual report of the results of those surveys on cervids. The detection of a positive finding of TSE in cervids must be immediately reported to the Commission.
(6) Member States should ensure that cervids tested for TSEs do not enter the commercial food chain until a negative result has been obtained.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Scope
Article 1
This Decision lays down rules for a survey to detect the presence of chronic wasting disease (CWD) in animals of the deer family, namely cervids (the survey).

Definitions
Article 2
For the purposes of this Decision the definitions set out in Annex I shall apply.

Scope of the survey
Article 3
1. Member States shall carry out a survey to detect the presence of CWD in cervids in accordance with the minimum requirements in Annex II.
2. Member States shall complete their survey no later than the end of the 2007 hunting season.

Measures to be taken by Member States following testing for CWD
Article 4
Member States shall carry out the measures set out in Annex III following testing for CWD.

Reports to be provided to the Commission by the Member States
Article 5
Member States shall submit to the Commission the following reports:
(a)
a report immediately following the discovery of a positive or inconclusive finding for transmissible spongiform encephalopathy in a cervid;
(b)
an annual report of the results of surveys as set out in Annex IV.

Summary of reports by the Commission to the Member States
Article 6
The Commission shall present to the Member States a summary of the reports provided for in Article 5.

Addressees
Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1), and in particular Article 6(1) thereof,
(1) Chronic wasting disease is a transmissible spongiform encephalopathy (TSE) affecting cervids, which is widespread in North America but which has never been reported to date in the Community.
(2) On 3 June 2004, the European Food Safety Authority (EFSA) published an opinion recommending that a targeted surveillance should be undertaken of cervids in the Community. The aim of such surveillance would be to detect the possible presence of TSEs in cervids. Accordingly, provision should be made for Member States to carry out surveys in line with that opinion.
(3) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of TSEs in animals. That Regulation, as amended by Regulation (EC) No 1923/2006 lays down provision for monitoring programmes for TSEs in cervids. Accordingly, it is now possible to provide for surveys for TSEs in cervids to be carried out by Member States in this Decision.
(4) Those surveys should include wild and farmed deer species. Since wild deer should primarily be sampled during the hunting season which is of limited duration, in order to allow Member States sufficient time to achieve target numbers of samples, this Decision should therefore apply following the adoption of Regulation (EC) No 1923/2006 amending Regulation (EC) No 999/2001.
(5) Member States should submit an annual report of the results of those surveys on cervids. The detection of a positive finding of TSE in cervids must be immediately reported to the Commission.
(6) Member States should ensure that cervids tested for TSEs do not enter the commercial food chain until a negative result has been obtained.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Scope

This Decision lays down rules for a survey to detect the presence of chronic wasting disease (CWD) in animals of the deer family, namely cervids (the survey).

Definitions

For the purposes of this Decision the definitions set out in Annex I shall apply.

Scope of the survey

1. Member States shall carry out a survey to detect the presence of CWD in cervids in accordance with the minimum requirements in Annex II.
2. Member States shall complete their survey no later than the end of the 2007 hunting season.

Measures to be taken by Member States following testing for CWD

Member States shall carry out the measures set out in Annex III following testing for CWD.

Reports to be provided to the Commission by the Member States

Member States shall submit to the Commission the following reports:
(a)
a report immediately following the discovery of a positive or inconclusive finding for transmissible spongiform encephalopathy in a cervid;
(b)
an annual report of the results of surveys as set out in Annex IV.

Summary of reports by the Commission to the Member States

The Commission shall present to the Member States a summary of the reports provided for in Article 5.

Addressees

This Decision is addressed to the Member States.

Definitions

ANNEX 1For the purposes of this Decision, the following definitions shall apply:

(a) | ‘target species’ means wild and farmed red deer (Cervus elaphus) and/or wild white-tailed deer (Odocoileus virginianus);
(b) | ‘target Member States’ means those Member States with sufficient target species populations to allow statistically required sample sizes to be achieved; they differ depending on target species and whether wild or farmed target species and are listed in Tables 1 and 2 in Annex II;
(c) | ‘clinical/sick cervids’ means cervids showing abnormal behavioural signs and/or locomotor disturbances and/or generally in poor condition;
(d) | ‘road-injured or killed cervids’ means cervids hit by road vehicles for which the ante-mortem condition cannot be ascertained;
(e) | ‘fallen/culled cervids’ means cervids found dead on-farm or in the wild and farmed cervids culled for health/age reasons;
(f) | ‘healthy slaughtered cervids’ means healthy farmed cervids slaughtered in the slaughterhouse or on farm;
(g) | ‘healthy shot cervids’ means healthy wild cervids shot during the hunting season;
(h) | ‘target groups’ means the cervids defined at points (c) to (g).

Minimum requirements for a survey to detect the presence of chronic wasting disease in cervids

ANNEX II1. Sampling by target Member States of target species
| (a) | The target Member States, shall take samples for testing for chronic wasting disease (CWD) in accordance with Table 1 for their wild red deer and white-tailed deer population and table 2 for their farmed red deer population.Those samples may be taken from all target groups in the target Member States.
| (b) | The competent authority of the target Member States shall take into consideration the following criteria when deciding upon the sample selection sampling for target species:(i)all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information;(ii)in the case of healthy shot cervids, samples must be taken in particular from male cervids;(iii)in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids. | (i) | all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information; | (ii) | in the case of healthy shot cervids, samples must be taken in particular from male cervids; | (iii) | in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids.
(i) | all cervids must be over 18 months of age; the age shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information;
(ii) | in the case of healthy shot cervids, samples must be taken in particular from male cervids;
(iii) | in the case of healthy slaughtered cervids, samples must be taken in particular from older male and female cervids.
| (c) | The competent authority of the target Member States shall take into consideration exposure to the following potential risk factors, where present, when deciding upon the sample selection for target species:(i)densely populated deer areas;(ii)high scrapie incidence;(iii)high BSE incidence;(iv)cervids which have consumed potentially TSE-contaminated feeding stuffs;(v)cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past. | (i) | densely populated deer areas; | (ii) | high scrapie incidence; | (iii) | high BSE incidence; | (iv) | cervids which have consumed potentially TSE-contaminated feeding stuffs; | (v) | cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past.
(i) | densely populated deer areas;
(ii) | high scrapie incidence;
(iii) | high BSE incidence;
(iv) | cervids which have consumed potentially TSE-contaminated feeding stuffs;
(v) | cervids on farms or in regions where imports from regions affected by CWD of cervids or their products have been recorded in the past.
| (d) | The competent authority of the target Member States shall use random sampling to select target species for sampling.2. Sampling for CWD in all cervid species by all Member StatesAll Member States shall take samples for CWD from clinical/sick cervids and fallen/culled cervids, as a priority, as well as from road-injured or killed cervids of all cervid species. The competent authority of the Member States shall endeavour to maximise awareness of these cervids and to ensure that as many such cervids are tested for CWD as possible.
Table 1Wild red deer (Cervus elaphus), and White-tailed deer (Odocoileus virginianus)
| Target species population | Sample size
Czech Republic | 25 000 | 598
Germany | 150 000 | 598
Spain | 220 000 to 290 000 | 598
France | 100 000 | 598
Italy | 44 000 | 598
Latvia | 28 000 | 598
Hungary | 74 000 | 598
Austria | 150 000 | 598
Poland | 600 000 | 598
Slovakia | 38 260 | 598
Finland | 30 000 | 598
United Kingdom | 382 500 | 598
Table 2Farmed red deer (Cervus elaphus elaphus)
| Target species population | Sample size
Czech Republic | ≥ 9 000 | 576
Germany | 11 500 | 598
France | 17 000 | 598
Ireland | 10 000 | 581
Austria | 10 000 | 581
United Kingdom | 28 000 | 5983. Sampling and laboratory testingA sample of obex shall be collected and tested for each cervid in the samples referred to in points 1 and 2 of this Annex. At least a portion of each sample shall be kept fresh or frozen until a negative result is obtained, in case bioassay is required.
The competent authority of the Member States must refer to point 3 of Chapter C of Annex X to Regulation EC (No) 999/2001 for guidance on methods and protocols.
Rapid tests as referred to in point 4 of Chapter C of Annex X to Regulation EC (No) 999/2001 used for transmissible spongiform encephalopathy (TSE) detection in obex of bovine or small ruminant animals shall be considered suitable for use in the sampling referred to in points 1 and 2 of this Annex. Member States may also use immunohistochemistry for screening purposes for which purpose they shall satisfy a proficiency test by the Community Reference Laboratory. Where a Member State is unable to confirm a positive rapid test result, they shall send adequate tissue to the CRL for confirmation. In the case of positive findings of TSE, the protocol as provided for in point 3.2, (c)(i) and (ii), Chapter C of Annex X to Regulation EC (No) 999/2001 shall apply.
4. GenotypingThe prion protein genotype shall be determined for each positive finding of TSE in cervids in accordance with the guidelines of the Community Reference Laboratory for TSEs.

Measures following testing of cervids

ANNEX III
| 1. | Where a cervid intended to be placed on the market for human consumption has been selected for testing for CWD, the Member States shall ensure the traceability of that carcase and ensure that it is not released for commercial sale until a negative result to the rapid test has been obtained.
| 2. | Insofar as possible, and whenever point 1 applies, the hunter, gamekeeper or farmer, where known, shall be informed when samples are submitted for testing for CWD and the results of a positive rapid test communicated as soon as possible by authorised means.
| 3. | The Member States shall reserve the right to retain material for further diagnostic or research purposes until a negative result to the rapid test for CWD has been obtained.
| 4. | Insofar as possible, except for the material to be retained for further diagnostic or research purposes, all parts of the body of a cervid found positive to the rapid test, including the hide, shall be directly disposed of in accordance with Articles 4(2)(a), (b) or (e) of Regulation (EC) No 1774/2002(1).
(1)
OJ L 273, 10.10.2002, p. 1.

Reporting and recording requirements

ANNEX IV1. Requirements of Member States:Information to be presented by Member States in their annual report on the survey results for CWD

(a) | The number of cervid samples submitted for testing, by target group according to the following criteria:—species,—farmed or wild cervids,—target group,—sex,—age. | — | species, | — | farmed or wild cervids, | — | target group, | — | sex, | — | age.
— | species,
— | farmed or wild cervids,
— | target group,
— | sex,
— | age.
(b) | The results of the rapid and confirmatory tests (number of positives and negatives) and, where applicable, of the discriminatory testing, the tissue sampled and the rapid test and confirmatory technique used.
(c) | The geographical location, including the country of origin if not the same as the reporting Member State, of positive cases of TSE.
(d) | The genotype and species of each cervid found positive for TSE.2. Reporting periodsThe results of the sampling for CWD for the previous year shall be reported in an annual report.
This report shall be submitted as soon as possible, but no later than six months after the end of each year of the survey.
The 2007 report shall include the results of the 2007 hunting season, even when some samples will have been taken in 2008.

Pending: 32007D0134

24.2.2007 EN Official Journal of the European Union L 57/14
(1) Under the seventh framework programme, the Specific Programme ‘Ideas’ has the objective of supporting investigator-driven frontier research across all fields of science, engineering and scholarship carried out by researchers on subjects of their choice.
(2) Decision 2006/972/EC provides that the Commission should establish a European Research Council (hereinafter referred to as the ERC) which should be the means for implementing the Specific Programme ‘Ideas’.
(3) According to Article 4(3) of Decision 2006/972/EC the ERC should consist of an independent Scientific Council (hereinafter referred to as the Scientific Council), to be supported by a dedicated implementation structure.
(4) The Scientific Council should be composed of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It should act according to the mandate provided for it in Article 5 of Decision 2006/972/EC and exclusively in the interest of achieving the scientific, technological and scholarly objectives of the Specific Programme ‘Ideas’.
(5) The Scientific Council should independently select a Secretary-General who will act under its authority. The Secretary-General will,inter alia, assist the Scientific Council in ensuring its effective liaison with the dedicated implementation structure and with the Commission, an in monitoring the effective implementation of its strategy and positions as carried by the dedicated implementation structure.
(6) The Scientific Council should operate according to the principles of scientific excellence, autonomy, efficiency and transparency. The Commission should act as the guarantor of the Scientific Council's autonomy and integrity and should ensure its proper functioning.
(7) Rules on disclosure of information by members of the Scientific Council should be provided for, without prejudice to the rules on security annexed to the Commission’s Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of Scientific Council should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4).
(9) An independent high level expert committee was set up to identify the founding members of the Scientific Council. Following wide consultation within the scientific and scholarly community, this committee made recommendations first on the factors and criteria to be applied in the identification of the Scientific Council members and second on the founding members themselves.
(10) A dedicated implementation structure should be set up as an external structure in the form of an executive agency to be established by a separate act in accordance with Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(5).
(11) Pending the establishment and operability of this executive agency, its implementation tasks should be executed by a dedicated service of the Commission.
(12) The budgetary impact of this decision will be taken into account in the financing decision in the framework of the Specific Programme ‘Ideas’ and in the Legislative Financial Statement of the Commission proposal for the external structure,
Dr Claudio BORDIGNON, San Raffaele Scientific Institute, Milan
Prof. Manuel CASTELLS, Open University of Catalonia
Prof. Paul J. CRUTZEN, Max Planck Institute for Chemistry, Mainz
Prof. Mathias DEWATRIPONT, Université Libre de Bruxelles
Dr Daniel ESTEVE, CEA Saclay
Prof. Pavel EXNER, Doppler Institute, Prague
Prof. Hans-Joachim FREUND, Fritz-Haber-Institute, Berlin
Prof. Wendy HALL, University of Southampton
Prof. Carl-Henrik HELDIN, Ludwig Institute for Cancer Research
Prof. Fotis C. KAFATOS, Imperial College London
Prof. Michal KLEIBER, Polish Academy of Sciences
Prof. Norbert KROO, Hungarian Academy of Sciences
Prof. Maria Teresa V.T. LAGO, University of Porto
Dr Oscar MARIN PARRA, Instituto de Neurociencias de Alicante
Prof. Lord MAY, University of Oxford
Prof. Helga NOWOTNY, Wissenschaftszentrum, Wien
Prof. Christiane NÜSSLEIN-VOLHARD, Max-Planck-Institute for Developmental Biology, Tübingen
Prof. Leena PELTONEN-PALOTIE, University of Helsinki & National Public Health Institute
Prof. Alain PEYRAUBE, CNRS, Paris
Dr Jens R. ROSTRUP-NIELSEN, Haldor Topsoe A/S
Prof. Salvatore SETTIS, Scuola Normale Superiore, Pisa
Prof. Rolf M. ZINKERNAGEL, University of Zurich
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 1982/2006/EC of the European Parliament and the Council of 18 December 2006 concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007-2013)(1)and in particular Articles 2 and 3 thereof,
Having regard to Council Decision 2006/972/EC of 19 December 2006 concerning the Specific Programme: ‘Ideas’ implementing the seventh framework programme (2007-2013) of the European Community for research, technological development and demonstration activities(2), and in particular Article 4(2) and (3) thereof,
(1) Under the seventh framework programme, the Specific Programme ‘Ideas’ has the objective of supporting investigator-driven frontier research across all fields of science, engineering and scholarship carried out by researchers on subjects of their choice.
(2) Decision 2006/972/EC provides that the Commission should establish a European Research Council (hereinafter referred to as the ERC) which should be the means for implementing the Specific Programme ‘Ideas’.
(3) According to Article 4(3) of Decision 2006/972/EC the ERC should consist of an independent Scientific Council (hereinafter referred to as the Scientific Council), to be supported by a dedicated implementation structure.
(4) The Scientific Council should be composed of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It should act according to the mandate provided for it in Article 5 of Decision 2006/972/EC and exclusively in the interest of achieving the scientific, technological and scholarly objectives of the Specific Programme ‘Ideas’.
(5) The Scientific Council should independently select a Secretary-General who will act under its authority. The Secretary-General will,inter alia, assist the Scientific Council in ensuring its effective liaison with the dedicated implementation structure and with the Commission, an in monitoring the effective implementation of its strategy and positions as carried by the dedicated implementation structure.
(6) The Scientific Council should operate according to the principles of scientific excellence, autonomy, efficiency and transparency. The Commission should act as the guarantor of the Scientific Council’s autonomy and integrity and should ensure its proper functioning.
(7) Rules on disclosure of information by members of the Scientific Council should be provided for, without prejudice to the rules on security annexed to the Commission’s Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of Scientific Council should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4).
(9) An independent high level expert committee was set up to identify the founding members of the Scientific Council. Following wide consultation within the scientific and scholarly community, this committee made recommendations first on the factors and criteria to be applied in the identification of the Scientific Council members and second on the founding members themselves.
(10) A dedicated implementation structure should be set up as an external structure in the form of an executive agency to be established by a separate act in accordance with Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(5).
(11) Pending the establishment and operability of this executive agency, its implementation tasks should be executed by a dedicated service of the Commission.
(12) The budgetary impact of this decision will be taken into account in the financing decision in the framework of the Specific Programme ‘Ideas’ and in the Legislative Financial Statement of the Commission proposal for the external structure,
HAS DECIDED AS FOLLOWS:

Establishment
Article 1
The European Research Council is hereby established for the period from the date of entry into force of this decision to 31 December 2013 for the implementation of the Specific Programme ‘Ideas’. It shall be composed of a Scientific Council and a dedicated implementation structure as set out hereinafter.

Establishment
Article 2
The Scientific Council is hereby set up.

Tasks
Article 3
1. The Scientific Council shall be entrusted with the tasks provided for in Article 5(3) of Decision 2006/972/EC.
2. The Scientific Council shall,inter alia, establish an overall scientific strategy, have full authority over decisions on the type of research to be funded in accordance with Article 6(6) of Decision 2006/972/EC and act as a guarantor of the quality of the activity from the scientific perspective. Its tasks shall cover, in particular the establishment of the annual work programme, the establishment of the peer review process, as well as the monitoring and quality control of the implementation of the Specific Programme ‘Ideas’, without prejudice to the responsibility of the Commission.

Membership
Article 4
1. The Scientific Council shall be composed of up to 22 members.
2. The Scientific Council shall consist of representatives of the European scientific community of the highest repute and with appropriate expertise, ensuring a diversity of research areas, who shall act in their personal capacity, independently of political or other interests.
3. The founding members of the Scientific Council, who have been designated, based on the factors and criteria set out in the Annex I and who are listed in Annex II, are hereby appointed.
4. Future members shall be appointed by the Commission based on the factors and criteria set out in Annex I and following an independent and transparent procedure for their identification, agreed with the Scientific Council, including a consultation of the scientific community and a report to Parliament and Council. The appointment of future members shall be published in accordance with Regulation (EC) No 45/2001.
5. Members shall carry out their tasks independently of any outside influence. They shall inform the Commission in good time of any conflict of interests which might undermine their objectivity.
6. Members shall be appointed for a term of four years, renewable once on a basis of a rotating system, which shall ensure the continuity of the work of the Scientific Council. However, a member may be appointed for a period of less than the maximum term to allow a staged rotation of membership. Members shall remain in function until they are replaced or their term expires.
7. Upon resignation of a member or on the expiry of a term that cannot be renewed, the Commission shall appoint a new member.
8. In exceptional circumstances, in order to maintain the integrity and/or continuity of the Scientific Council, the Commission may terminate on its own initiative the term of a member.
9. The Scientific Council members shall not be remunerated for the tasks they perform.

Principles and methods
Article 5
1. The Scientific Council shall operate in an autonomous and independent manner.
2. Where appropriate, the Scientific Council shall consult with the scientific, engineering and scholarly community.
3. The Scientific Council shall exclusively act in the interest of achieving the scientific, technological and scholarly objectives of the Specific Programme ‘Ideas’. It shall act with integrity and probity and shall carry out its work efficiently and with the greatest possible transparency.
4. The Scientific Council shall be accountable to the Commission, maintain continuous close liaison with it and the dedicated implementation structure, and establish any necessary arrangements for this.
5. Information obtained in the performance of tasks shall not be disclosed if, in the opinion of the Commission or the Chairperson of the Scientific Council, that information is related to confidential matters.
6. The Commission shall provide information and assistance necessary for the work of the Scientific Council allowing it to operate under conditions of autonomy and independence.
7. The Scientific Council regularly reports to the Commission and shall provide information and assistance necessary for the Commission’s obligatory reporting tasks (i.e. Annual report, Annual Activity Report).

Operation
Article 6
1. The Scientific Council shall elect from amongst its members a Chairperson and two Vice-Chairpersons, who, in accordance with its rules of procedure, shall represent it and who shall guide and assist it in the organisation of its work, including the preparation of the agenda and documents for meetings.
2. The Chairperson and the Vice-Chairpersons of the Scientific Council may also hold the title of President and Vice-President of the European Research Council respectively.
3. The Scientific Council shall adopt its rules of procedure which shall include detailed provisions for the elections referred to in paragraph 1, as well as a code of conduct for addressing potential conflicts of interest.
4. The Scientific Council shall meet in plenary as often as required by its work.
5. The Chairperson of the Scientific Council may decide to hold restricted meetings.

ERC Secretary-General
Article 7
1. The Scientific Council shall independently select a Secretary-General, who shall act under its authority. The Secretary-General will,inter alia, assist the Scientific Council in ensuring its effective liaison with the Commission and the dedicated implementation structure.
2. The tasks of the Secretary-General shall be defined by the Scientific Council. These tasks shall include monitoring the effective implementation of the strategy and positions adopted by the Scientific Council, as carried out by the dedicated implementation structure.
3. Support for the establishment and activities of the Secretary-General shall be ensured by the Specific Programme ‘Ideas’.
4. The term of the Secretary-General shall not exceed a period of 30 months, renewable once.

Meeting expenses
Article 8
1. The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses for the members of the Scientific Council necessary for carrying out its activities in accordance with the Commission’s rules on the compensation of external experts. Subject to prior approval of the Commission, travel and subsistence expenses related to other meetings necessary for the conduct of the Scientific Council’s work may be also covered by the Commission; this shall apply to meetings between members of the Scientific Council and external experts and stakeholders.
2. Meeting expenses shall be reimbursed on the basis of the annual request of the Scientific Council, without prejudice to the responsibility of the Commission.

Dedicated implementation structure
Article 9
The dedicated implementation structure shall be set up as an external structure; pending the establishment and operability of the external structure, its implementation tasks shall be executed by a dedicated service of the Commission.

Entry into force
Article 10
This Decision shall enter into force on the day of its adoption.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 1982/2006/EC of the European Parliament and the Council of 18 December 2006 concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007-2013)(1)and in particular Articles 2 and 3 thereof,
Having regard to Council Decision 2006/972/EC of 19 December 2006 concerning the Specific Programme: ‘Ideas’ implementing the seventh framework programme (2007-2013) of the European Community for research, technological development and demonstration activities(2), and in particular Article 4(2) and (3) thereof,
(1) Under the seventh framework programme, the Specific Programme ‘Ideas’ has the objective of supporting investigator-driven frontier research across all fields of science, engineering and scholarship carried out by researchers on subjects of their choice.
(2) Decision 2006/972/EC provides that the Commission should establish a European Research Council (hereinafter referred to as the ERC) which should be the means for implementing the Specific Programme ‘Ideas’.
(3) According to Article 4(3) of Decision 2006/972/EC the ERC should consist of an independent Scientific Council (hereinafter referred to as the Scientific Council), to be supported by a dedicated implementation structure.
(4) The Scientific Council should be composed of scientists, engineers and scholars of the highest repute, appointed by the Commission, and acting in their personal capacity, independent of any outside influence. It should act according to the mandate provided for it in Article 5 of Decision 2006/972/EC and exclusively in the interest of achieving the scientific, technological and scholarly objectives of the Specific Programme ‘Ideas’.
(5) The Scientific Council should independently select a Secretary-General who will act under its authority. The Secretary-General will,inter alia, assist the Scientific Council in ensuring its effective liaison with the dedicated implementation structure and with the Commission, an in monitoring the effective implementation of its strategy and positions as carried by the dedicated implementation structure.
(6) The Scientific Council should operate according to the principles of scientific excellence, autonomy, efficiency and transparency. The Commission should act as the guarantor of the Scientific Council’s autonomy and integrity and should ensure its proper functioning.
(7) Rules on disclosure of information by members of the Scientific Council should be provided for, without prejudice to the rules on security annexed to the Commission’s Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of Scientific Council should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4).
(9) An independent high level expert committee was set up to identify the founding members of the Scientific Council. Following wide consultation within the scientific and scholarly community, this committee made recommendations first on the factors and criteria to be applied in the identification of the Scientific Council members and second on the founding members themselves.
(10) A dedicated implementation structure should be set up as an external structure in the form of an executive agency to be established by a separate act in accordance with Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(5).
(11) Pending the establishment and operability of this executive agency, its implementation tasks should be executed by a dedicated service of the Commission.
(12) The budgetary impact of this decision will be taken into account in the financing decision in the framework of the Specific Programme ‘Ideas’ and in the Legislative Financial Statement of the Commission proposal for the external structure,
HAS DECIDED AS FOLLOWS:

Establishment

The European Research Council is hereby established for the period from the date of entry into force of this decision to 31 December 2013 for the implementation of the Specific Programme ‘Ideas’. It shall be composed of a Scientific Council and a dedicated implementation structure as set out hereinafter.

Establishment

The Scientific Council is hereby set up.

Tasks

1. The Scientific Council shall be entrusted with the tasks provided for in Article 5(3) of Decision 2006/972/EC.
2. The Scientific Council shall,inter alia, establish an overall scientific strategy, have full authority over decisions on the type of research to be funded in accordance with Article 6(6) of Decision 2006/972/EC and act as a guarantor of the quality of the activity from the scientific perspective. Its tasks shall cover, in particular the establishment of the annual work programme, the establishment of the peer review process, as well as the monitoring and quality control of the implementation of the Specific Programme ‘Ideas’, without prejudice to the responsibility of the Commission.

Membership

1. The Scientific Council shall be composed of up to 22 members.
2. The Scientific Council shall consist of representatives of the European scientific community of the highest repute and with appropriate expertise, ensuring a diversity of research areas, who shall act in their personal capacity, independently of political or other interests.
3. The founding members of the Scientific Council, who have been designated, based on the factors and criteria set out in the Annex I and who are listed in Annex II, are hereby appointed.
4. Future members shall be appointed by the Commission based on the factors and criteria set out in Annex I and following an independent and transparent procedure for their identification, agreed with the Scientific Council, including a consultation of the scientific community and a report to Parliament and Council. The appointment of future members shall be published in accordance with Regulation (EC) No 45/2001.
5. Members shall carry out their tasks independently of any outside influence. They shall inform the Commission in good time of any conflict of interests which might undermine their objectivity.
6. Members shall be appointed for a term of four years, renewable once on a basis of a rotating system, which shall ensure the continuity of the work of the Scientific Council. However, a member may be appointed for a period of less than the maximum term to allow a staged rotation of membership. Members shall remain in function until they are replaced or their term expires.
7. Upon resignation of a member or on the expiry of a term that cannot be renewed, the Commission shall appoint a new member.
8. In exceptional circumstances, in order to maintain the integrity and/or continuity of the Scientific Council, the Commission may terminate on its own initiative the term of a member.
9. The Scientific Council members shall not be remunerated for the tasks they perform.

Principles and methods

1. The Scientific Council shall operate in an autonomous and independent manner.
2. Where appropriate, the Scientific Council shall consult with the scientific, engineering and scholarly community.
3. The Scientific Council shall exclusively act in the interest of achieving the scientific, technological and scholarly objectives of the Specific Programme ‘Ideas’. It shall act with integrity and probity and shall carry out its work efficiently and with the greatest possible transparency.
4. The Scientific Council shall be accountable to the Commission, maintain continuous close liaison with it and the dedicated implementation structure, and establish any necessary arrangements for this.
5. Information obtained in the performance of tasks shall not be disclosed if, in the opinion of the Commission or the Chairperson of the Scientific Council, that information is related to confidential matters.
6. The Commission shall provide information and assistance necessary for the work of the Scientific Council allowing it to operate under conditions of autonomy and independence.
7. The Scientific Council regularly reports to the Commission and shall provide information and assistance necessary for the Commission’s obligatory reporting tasks (i.e. Annual report, Annual Activity Report).

Operation

1. The Scientific Council shall elect from amongst its members a Chairperson and two Vice-Chairpersons, who, in accordance with its rules of procedure, shall represent it and who shall guide and assist it in the organisation of its work, including the preparation of the agenda and documents for meetings.
2. The Chairperson and the Vice-Chairpersons of the Scientific Council may also hold the title of President and Vice-President of the European Research Council respectively.
3. The Scientific Council shall adopt its rules of procedure which shall include detailed provisions for the elections referred to in paragraph 1, as well as a code of conduct for addressing potential conflicts of interest.
4. The Scientific Council shall meet in plenary as often as required by its work.
5. The Chairperson of the Scientific Council may decide to hold restricted meetings.

ERC Secretary-General

1. The Scientific Council shall independently select a Secretary-General, who shall act under its authority. The Secretary-General will,inter alia, assist the Scientific Council in ensuring its effective liaison with the Commission and the dedicated implementation structure.
2. The tasks of the Secretary-General shall be defined by the Scientific Council. These tasks shall include monitoring the effective implementation of the strategy and positions adopted by the Scientific Council, as carried out by the dedicated implementation structure.
3. Support for the establishment and activities of the Secretary-General shall be ensured by the Specific Programme ‘Ideas’.
4. The term of the Secretary-General shall not exceed a period of 30 months, renewable once.

Meeting expenses

1. The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses for the members of the Scientific Council necessary for carrying out its activities in accordance with the Commission’s rules on the compensation of external experts. Subject to prior approval of the Commission, travel and subsistence expenses related to other meetings necessary for the conduct of the Scientific Council’s work may be also covered by the Commission; this shall apply to meetings between members of the Scientific Council and external experts and stakeholders.
2. Meeting expenses shall be reimbursed on the basis of the annual request of the Scientific Council, without prejudice to the responsibility of the Commission.

Dedicated implementation structure

The dedicated implementation structure shall be set up as an external structure; pending the establishment and operability of the external structure, its implementation tasks shall be executed by a dedicated service of the Commission.

Entry into force

This Decision shall enter into force on the day of its adoption.
ANNEX IFactors and criteria for identification of the Scientific Council members
The composition of the Scientific Council must demonstrate that the Council can exercise scientific leadership which is authoritative and absolutely independent, combining wisdom and experience with vision and imagination. The credibility of the Scientific Council will be built on the balance of qualities amongst the men and women who make it up, and they should collectively reflect the full breadth of the research community across Europe. Members of the Scientific Council must individually have an undisputed reputation as research leaders and for their independence and commitment to research. Generally, they must be current or recent research practitioners, as well as those who have exercised scientific leadership at European or world level. Consideration should also be given to younger next-generation leaders.
Members must reflect the broad disciplinary scope of research, embracing the exact sciences and engineering, as well as the social sciences and the humanities. However, they should not be considered as representatives of a discipline or of a particular line of research and should not perceive themselves as such; they should have a broad vision which collectively reflects an understanding of important developments in research, including inter- and multi-disciplinary research, and the needs for research at European level.
Beyond their proven reputation as scientists and researchers, the membership should collectively bring a broader range of experience, acquired not only across Europe but also in other research-intensive parts of the world. This could include experience in areas such as the support and promotion of basic research, organisation and management of research and knowledge transfer in universities, academies and industry, an understanding of national and international research activities, relevant research funding schemes and the wider political context in which the European Research Council is situated.
The membership should reflect the various components of the research community and the range of scientific institutions which carry out research; it should include those with experience in universities, research institutes, academies, funding bodies, research in business and industry, for example. Members should include those who have experience in more than one country, and some should be drawn from the research community outside Europe.
ANNEX IIList of the 22 founding members of the Scientific Council

| Dr Claudio BORDIGNON, San Raffaele Scientific Institute, Milan
| Prof. Manuel CASTELLS, Open University of Catalonia
| Prof. Paul J. CRUTZEN, Max Planck Institute for Chemistry, Mainz
| Prof. Mathias DEWATRIPONT, Université Libre de Bruxelles
| Dr Daniel ESTEVE, CEA Saclay
| Prof. Pavel EXNER, Doppler Institute, Prague
| Prof. Hans-Joachim FREUND, Fritz-Haber-Institute, Berlin
| Prof. Wendy HALL, University of Southampton
| Prof. Carl-Henrik HELDIN, Ludwig Institute for Cancer Research
| Prof. Fotis C. KAFATOS, Imperial College London
| Prof. Michal KLEIBER, Polish Academy of Sciences
| Prof. Norbert KROO, Hungarian Academy of Sciences
| Prof. Maria Teresa V.T. LAGO, University of Porto
| Dr Oscar MARIN PARRA, Instituto de Neurociencias de Alicante
| Prof. Lord MAY, University of Oxford
| Prof. Helga NOWOTNY, Wissenschaftszentrum, Wien
| Prof. Christiane NÜSSLEIN-VOLHARD, Max-Planck-Institute for Developmental Biology, Tübingen
| Prof. Leena PELTONEN-PALOTIE, University of Helsinki & National Public Health Institute
| Prof. Alain PEYRAUBE, CNRS, Paris
| Dr Jens R. ROSTRUP-NIELSEN, Haldor Topsoe A/S
| Prof. Salvatore SETTIS, Scuola Normale Superiore, Pisa
| Prof. Rolf M. ZINKERNAGEL, University of Zurich

Pending: 32007D0131

23.2.2007 EN Official Journal of the European Union L 55/33
(1) The European Council has recognised the significant contribution to growth and jobs by building a fully inclusive information society, based on widespread use of information and communication technologies (ICTs) in public services, SMEs and households(2). With the i2010 initiative, the Commission emphasised ICT as a major driver of competitiveness, growth and jobs(3).
(2) The creation of an open and competitive single market for information society equipment and media services within the Community is critical to ICT uptake. The Community regulatory framework for electronic communications services and equipment can enhance competitiveness and foster competition in the ICT sector,inter aliaby ensuring the timely introduction of new technologies.
(3) Ultra-wideband technology, typically characterised by very low power radiation over a very large radio bandwidth, could provide a host of communications, measurement, location, medical, surveillance and imaging applications of benefit to various Community policies, including the information society and the internal market. In this context, it is important to establish regulatory conditions which will encourage the development of economically viable markets for applications of ultra-wideband technology as commercial opportunities arise.
(4) The timely deployment and uptake of applications using ultra-wideband technology within the Community will be assisted by harmonising radio spectrum use rules across the Community, thus establishing an effective single market for these applications, with consequent economies of scale and benefits to the consumer.
(5) Although ultra-wideband signals are typically of extremely low power, the possibility of harmful interference with existing radiocommunication services exists and needs to be managed. Therefore, the regulatory framework for use of the radio spectrum for ultra-wideband technology must respect the rights to protection against harmful interference (including access to the radio spectrum by radio astronomy, earth exploration satellite and space research systems) and balance the incumbent services’ interests against the overall policy objective of providing favourable conditions for the introduction of innovative technologies for the benefit of society.
(6) The use of spectrum is subject to the requirements of Community law for public health protection in particular Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields),(4)and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(5). Health protection for radio equipment is ensured by conformity of such equipment to the essential requirements pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (the R&TTE Directive)(6).
(7) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission has given three mandates(7)to the European Conference of Postal and Telecommunications Administrations (hereinafter referred to as the CEPT) to undertake all necessary work to identify the most appropriate technical and operational criteria for the harmonised introduction of ultra-wideband-based applications in the European Union.
(8) This Decision is based on the technical studies undertaken by the CEPT under EC mandate. These compatibility studies include,inter alia, the presumption that equipment using ultra-wideband technology will be operated predominantly indoors and that it will cease transmission within 10 seconds unless it receives an acknowledgement from an associated receiver that its transmission is being received. Furthermore, video signals will be transmitted using predominantly high-efficiency coding.
(9) Outdoor use of equipment using ultra-wideband technology covered by this Decision should not include use at a fixed outdoor location or connected to a fixed outdoor antenna or in vehicles. The potential interference caused by such uses requires further study.
(10) Equipment using ultra-wideband technology covered by this Decision falls within the scope of the R&TTE Directive. Nevertheless, the use of frequency bands by equipment using ultra-wideband technology for air traffic management communications in aircraft and safety-of-life applications in ships does not fall under the R&TTE Directive and any use of such equipment in these safety-of-life environments should be determined by appropriate sector-specific regulation.
(11) Pursuant to the R&TTE Directive, the European Commission has given a mandate (M/329) to the European standardisation organisations to establish a set of Harmonised Standards covering ultra-wideband applications to be recognised under this Directive, and resulting in a presumption of conformity with its requirements.
(12) In response to mandate M/329 from the EC, the ETSI is developing European standards such as Harmonised Standard EN 302 065 for ultra-wideband technology which will take account of potential aggregate effects, if such effects could lead to harmful interference, and of the compatibility studies of the CEPT. Harmonised Standards should be maintained and evolve over time to ensure protection of emerging services for which bands as yet have not been designated.
(13) Furthermore, when a Member State considers that equipment using ultra-wideband technology within the scope of the R&TTE Directive and of any Harmonised Standards adopted pursuant thereto does not comply with the requirements of the abovementioned Directive, safeguard measures may be applied in accordance with Articles 9 and 5 of the Directive respectively.
(14) The use of radio spectrum by equipment using ultra-wideband technology under this Decision is to be allowed on a non-interference and non-protected basis and therefore should be subject to Article 5(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services(8).
(15) For the purpose of ensuring the continued relevance of the conditions specified in this Decision and given the rapid changes in the radio spectrum environment, national administrations ought to monitor, where possible, use of the radio spectrum by equipment using ultra-wideband technology, so as to subject this Decision to active review. Such review should take into account technological development and changes in the market situation and verify that the initial assumptions concerning the operation of equipment using ultra-wideband technology in the frequency range specified in this Decision are still relevant.
(16) In order to ensure adequate protection of existing services, this Decision should lay down conditions that are deemed adequate to protect currently operating services.
(17) Appropriate mitigation techniques (including detect-and-avoid or low-duty-cycle approaches) studied and specified by CEPT and ETSI under the respective EC Mandates, should be included in Harmonised Standards under the R&TTE Directive once stable and proven to provide equivalent protection to the emission levels identified in this Decision.
(18) The conditions in the 4,2 to 4,8 GHz band for equipment using ultra-wideband technology without appropriate mitigation techniques should be time limited and be replaced by more restrictive conditions beyond the date of 31 December 2010, because there is an expectation that equipment of this type should operate exclusively above 6 GHz in the longer term.
(19) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
1. ‘equipment using ultra-wideband technology’ means equipment incorporating, as an integral part or as an accessory, technology for short-range radiocommunication, involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to radiocommunication services;
2. ‘non-interference and non-protected basis’ means that no harmful interference may be caused to any radiocommunication service and that no claim may be made for protection of these devices against harmful interference originating from radiocommunication services;
3. ‘indoors’ means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect radiocommunication services against harmful interference;
4. ‘automotive vehicle’ means any vehicle as defined by Council Directive 70/156/EEC(9);
5. ‘railway vehicle’ means any vehicle as defined by Regulation (EC) No 91/2003 of the European Parliament and of the Council(10);
6. ‘e.i.r.p.’ means equivalent isotropic radiated power;
7. ‘mean e.i.r.p. density’ means the mean power measured with a 1 MHz resolution bandwidth, a root-mean-square (RMS) detector and an averaging time of 1 ms or less;
8. ‘peak e.i.r.p. density’ means the peak level of transmission contained within a 50 MHz bandwidth centred on the frequency at which the highest mean radiated power occurs. If measured in a bandwidth of x MHz, this level is to be scaled down by a factor of 20log(50/x)dB;
9. ‘maximum e.i.r.p. density’ means the highest signal strength measured in any direction at any frequency within the defined range.
Frequency range(GHz) Maximum mean e.i.r.p. density(dBm/MHz) Maximum peak e.i.r.p. density(dBm/50 MHz)
Below 1,6 –90,0 –50,0
1,6 to 3,4 –85,0 –45,0
3,4 to 3,8 –85,0 –45,0
3,8 to 4,2 –70,0 –30,0
4,2 to 4,8 –41,3(until 31 December 2010) 0,0(until 31 December 2010)
–70,0(beyond 31 December 2010) –30,0(beyond 31 December 2010)
4,8 to 6,0 –70,0 –30,0
6,0 to 8,5 –41,3 0,0
8,5 to 10,6 –65,0 –25,0
Above 10,6 –85,0 –45,0
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(1), and in particular Article 4(3) thereof,
(1) The European Council has recognised the significant contribution to growth and jobs by building a fully inclusive information society, based on widespread use of information and communication technologies (ICTs) in public services, SMEs and households(2). With the i2010 initiative, the Commission emphasised ICT as a major driver of competitiveness, growth and jobs(3).
(2) The creation of an open and competitive single market for information society equipment and media services within the Community is critical to ICT uptake. The Community regulatory framework for electronic communications services and equipment can enhance competitiveness and foster competition in the ICT sector,inter aliaby ensuring the timely introduction of new technologies.
(3) Ultra-wideband technology, typically characterised by very low power radiation over a very large radio bandwidth, could provide a host of communications, measurement, location, medical, surveillance and imaging applications of benefit to various Community policies, including the information society and the internal market. In this context, it is important to establish regulatory conditions which will encourage the development of economically viable markets for applications of ultra-wideband technology as commercial opportunities arise.
(4) The timely deployment and uptake of applications using ultra-wideband technology within the Community will be assisted by harmonising radio spectrum use rules across the Community, thus establishing an effective single market for these applications, with consequent economies of scale and benefits to the consumer.
(5) Although ultra-wideband signals are typically of extremely low power, the possibility of harmful interference with existing radiocommunication services exists and needs to be managed. Therefore, the regulatory framework for use of the radio spectrum for ultra-wideband technology must respect the rights to protection against harmful interference (including access to the radio spectrum by radio astronomy, earth exploration satellite and space research systems) and balance the incumbent services’ interests against the overall policy objective of providing favourable conditions for the introduction of innovative technologies for the benefit of society.
(6) The use of spectrum is subject to the requirements of Community law for public health protection in particular Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields),(4)and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(5). Health protection for radio equipment is ensured by conformity of such equipment to the essential requirements pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (the R&TTE Directive)(6).
(7) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission has given three mandates(7)to the European Conference of Postal and Telecommunications Administrations (hereinafter referred to as the CEPT) to undertake all necessary work to identify the most appropriate technical and operational criteria for the harmonised introduction of ultra-wideband-based applications in the European Union.
(8) This Decision is based on the technical studies undertaken by the CEPT under EC mandate. These compatibility studies include,inter alia, the presumption that equipment using ultra-wideband technology will be operated predominantly indoors and that it will cease transmission within 10 seconds unless it receives an acknowledgement from an associated receiver that its transmission is being received. Furthermore, video signals will be transmitted using predominantly high-efficiency coding.
(9) Outdoor use of equipment using ultra-wideband technology covered by this Decision should not include use at a fixed outdoor location or connected to a fixed outdoor antenna or in vehicles. The potential interference caused by such uses requires further study.
(10) Equipment using ultra-wideband technology covered by this Decision falls within the scope of the R&TTE Directive. Nevertheless, the use of frequency bands by equipment using ultra-wideband technology for air traffic management communications in aircraft and safety-of-life applications in ships does not fall under the R&TTE Directive and any use of such equipment in these safety-of-life environments should be determined by appropriate sector-specific regulation.
(11) Pursuant to the R&TTE Directive, the European Commission has given a mandate (M/329) to the European standardisation organisations to establish a set of Harmonised Standards covering ultra-wideband applications to be recognised under this Directive, and resulting in a presumption of conformity with its requirements.
(12) In response to mandate M/329 from the EC, the ETSI is developing European standards such as Harmonised Standard EN 302 065 for ultra-wideband technology which will take account of potential aggregate effects, if such effects could lead to harmful interference, and of the compatibility studies of the CEPT. Harmonised Standards should be maintained and evolve over time to ensure protection of emerging services for which bands as yet have not been designated.
(13) Furthermore, when a Member State considers that equipment using ultra-wideband technology within the scope of the R&TTE Directive and of any Harmonised Standards adopted pursuant thereto does not comply with the requirements of the abovementioned Directive, safeguard measures may be applied in accordance with Articles 9 and 5 of the Directive respectively.
(14) The use of radio spectrum by equipment using ultra-wideband technology under this Decision is to be allowed on a non-interference and non-protected basis and therefore should be subject to Article 5(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services(8).
(15) For the purpose of ensuring the continued relevance of the conditions specified in this Decision and given the rapid changes in the radio spectrum environment, national administrations ought to monitor, where possible, use of the radio spectrum by equipment using ultra-wideband technology, so as to subject this Decision to active review. Such review should take into account technological development and changes in the market situation and verify that the initial assumptions concerning the operation of equipment using ultra-wideband technology in the frequency range specified in this Decision are still relevant.
(16) In order to ensure adequate protection of existing services, this Decision should lay down conditions that are deemed adequate to protect currently operating services.
(17) Appropriate mitigation techniques (including detect-and-avoid or low-duty-cycle approaches) studied and specified by CEPT and ETSI under the respective EC Mandates, should be included in Harmonised Standards under the R&TTE Directive once stable and proven to provide equivalent protection to the emission levels identified in this Decision.
(18) The conditions in the 4,2 to 4,8 GHz band for equipment using ultra-wideband technology without appropriate mitigation techniques should be time limited and be replaced by more restrictive conditions beyond the date of 31 December 2010, because there is an expectation that equipment of this type should operate exclusively above 6 GHz in the longer term.
(19) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:

Article 1
The purpose of this Decision is to allow the use of the radio spectrum by equipment using ultra-wideband technology and to harmonise the conditions of such use in the Community.
This Decision shall apply without prejudice to Directive 1999/5/EC (the R&TTE Directive) and to any Community provisions allowing use of the radio spectrum by specific types of equipment using ultra-wideband technology.

Article 2
For the purposes of this Decision:
1.
‘equipment using ultra-wideband technology’ means equipment incorporating, as an integral part or as an accessory, technology for short-range radiocommunication, involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to radiocommunication services;
2.
‘non-interference and non-protected basis’ means that no harmful interference may be caused to any radiocommunication service and that no claim may be made for protection of these devices against harmful interference originating from radiocommunication services;
3.
‘indoors’ means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect radiocommunication services against harmful interference;
4.
‘automotive vehicle’ means any vehicle as defined by Council Directive 70/156/EEC(9);
5.
‘railway vehicle’ means any vehicle as defined by Regulation (EC) No 91/2003 of the European Parliament and of the Council(10);
6.
‘e.i.r.p.’ means equivalent isotropic radiated power;
7.
‘mean e.i.r.p. density’ means the mean power measured with a 1 MHz resolution bandwidth, a root-mean-square (RMS) detector and an averaging time of 1 ms or less;
8.
‘peak e.i.r.p. density’ means the peak level of transmission contained within a 50 MHz bandwidth centred on the frequency at which the highest mean radiated power occurs. If measured in a bandwidth of x MHz, this level is to be scaled down by a factor of 20log(50/x)dB;
9.
‘maximum e.i.r.p. density’ means the highest signal strength measured in any direction at any frequency within the defined range.

Article 3
The Member States shall, as early as possible and no later than six months following the entry into force of this Decision, allow the use of the radio spectrum on a non-interference and non-protected basis by equipment using ultra-wideband technology provided that such equipment meets the conditions set out in the Annex to this Decision and it is either used indoors or, if it is used outdoors, it is not attached to a fixed installation, a fixed infrastructure, a fixed outdoor antenna, or an automotive or railway vehicle.

Article 4
Member States shall keep the use of the bands identified in the Annex by equipment using ultra-wideband technology under scrutiny, in particular with regard to the continued relevance of all the conditions specified in Article 3, and report their findings to the Commission to allow a timely review of this Decision.

Article 5
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(1), and in particular Article 4(3) thereof,
(1) The European Council has recognised the significant contribution to growth and jobs by building a fully inclusive information society, based on widespread use of information and communication technologies (ICTs) in public services, SMEs and households(2). With the i2010 initiative, the Commission emphasised ICT as a major driver of competitiveness, growth and jobs(3).
(2) The creation of an open and competitive single market for information society equipment and media services within the Community is critical to ICT uptake. The Community regulatory framework for electronic communications services and equipment can enhance competitiveness and foster competition in the ICT sector,inter aliaby ensuring the timely introduction of new technologies.
(3) Ultra-wideband technology, typically characterised by very low power radiation over a very large radio bandwidth, could provide a host of communications, measurement, location, medical, surveillance and imaging applications of benefit to various Community policies, including the information society and the internal market. In this context, it is important to establish regulatory conditions which will encourage the development of economically viable markets for applications of ultra-wideband technology as commercial opportunities arise.
(4) The timely deployment and uptake of applications using ultra-wideband technology within the Community will be assisted by harmonising radio spectrum use rules across the Community, thus establishing an effective single market for these applications, with consequent economies of scale and benefits to the consumer.
(5) Although ultra-wideband signals are typically of extremely low power, the possibility of harmful interference with existing radiocommunication services exists and needs to be managed. Therefore, the regulatory framework for use of the radio spectrum for ultra-wideband technology must respect the rights to protection against harmful interference (including access to the radio spectrum by radio astronomy, earth exploration satellite and space research systems) and balance the incumbent services’ interests against the overall policy objective of providing favourable conditions for the introduction of innovative technologies for the benefit of society.
(6) The use of spectrum is subject to the requirements of Community law for public health protection in particular Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields),(4)and Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(5). Health protection for radio equipment is ensured by conformity of such equipment to the essential requirements pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (the R&TTE Directive)(6).
(7) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission has given three mandates(7)to the European Conference of Postal and Telecommunications Administrations (hereinafter referred to as the CEPT) to undertake all necessary work to identify the most appropriate technical and operational criteria for the harmonised introduction of ultra-wideband-based applications in the European Union.
(8) This Decision is based on the technical studies undertaken by the CEPT under EC mandate. These compatibility studies include,inter alia, the presumption that equipment using ultra-wideband technology will be operated predominantly indoors and that it will cease transmission within 10 seconds unless it receives an acknowledgement from an associated receiver that its transmission is being received. Furthermore, video signals will be transmitted using predominantly high-efficiency coding.
(9) Outdoor use of equipment using ultra-wideband technology covered by this Decision should not include use at a fixed outdoor location or connected to a fixed outdoor antenna or in vehicles. The potential interference caused by such uses requires further study.
(10) Equipment using ultra-wideband technology covered by this Decision falls within the scope of the R&TTE Directive. Nevertheless, the use of frequency bands by equipment using ultra-wideband technology for air traffic management communications in aircraft and safety-of-life applications in ships does not fall under the R&TTE Directive and any use of such equipment in these safety-of-life environments should be determined by appropriate sector-specific regulation.
(11) Pursuant to the R&TTE Directive, the European Commission has given a mandate (M/329) to the European standardisation organisations to establish a set of Harmonised Standards covering ultra-wideband applications to be recognised under this Directive, and resulting in a presumption of conformity with its requirements.
(12) In response to mandate M/329 from the EC, the ETSI is developing European standards such as Harmonised Standard EN 302 065 for ultra-wideband technology which will take account of potential aggregate effects, if such effects could lead to harmful interference, and of the compatibility studies of the CEPT. Harmonised Standards should be maintained and evolve over time to ensure protection of emerging services for which bands as yet have not been designated.
(13) Furthermore, when a Member State considers that equipment using ultra-wideband technology within the scope of the R&TTE Directive and of any Harmonised Standards adopted pursuant thereto does not comply with the requirements of the abovementioned Directive, safeguard measures may be applied in accordance with Articles 9 and 5 of the Directive respectively.
(14) The use of radio spectrum by equipment using ultra-wideband technology under this Decision is to be allowed on a non-interference and non-protected basis and therefore should be subject to Article 5(1) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services(8).
(15) For the purpose of ensuring the continued relevance of the conditions specified in this Decision and given the rapid changes in the radio spectrum environment, national administrations ought to monitor, where possible, use of the radio spectrum by equipment using ultra-wideband technology, so as to subject this Decision to active review. Such review should take into account technological development and changes in the market situation and verify that the initial assumptions concerning the operation of equipment using ultra-wideband technology in the frequency range specified in this Decision are still relevant.
(16) In order to ensure adequate protection of existing services, this Decision should lay down conditions that are deemed adequate to protect currently operating services.
(17) Appropriate mitigation techniques (including detect-and-avoid or low-duty-cycle approaches) studied and specified by CEPT and ETSI under the respective EC Mandates, should be included in Harmonised Standards under the R&TTE Directive once stable and proven to provide equivalent protection to the emission levels identified in this Decision.
(18) The conditions in the 4,2 to 4,8 GHz band for equipment using ultra-wideband technology without appropriate mitigation techniques should be time limited and be replaced by more restrictive conditions beyond the date of 31 December 2010, because there is an expectation that equipment of this type should operate exclusively above 6 GHz in the longer term.
(19) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:
The purpose of this Decision is to allow the use of the radio spectrum by equipment using ultra-wideband technology and to harmonise the conditions of such use in the Community.
This Decision shall apply without prejudice to Directive 1999/5/EC (the R&TTE Directive) and to any Community provisions allowing use of the radio spectrum by specific types of equipment using ultra-wideband technology.
For the purposes of this Decision:
1.
‘equipment using ultra-wideband technology’ means equipment incorporating, as an integral part or as an accessory, technology for short-range radiocommunication, involving the intentional generation and transmission of radio-frequency energy that spreads over a frequency range wider than 50 MHz, which may overlap several frequency bands allocated to radiocommunication services;
2.
‘non-interference and non-protected basis’ means that no harmful interference may be caused to any radiocommunication service and that no claim may be made for protection of these devices against harmful interference originating from radiocommunication services;
3.
‘indoors’ means inside buildings or places in which the shielding will typically provide the necessary attenuation to protect radiocommunication services against harmful interference;
4.
‘automotive vehicle’ means any vehicle as defined by Council Directive 70/156/EEC(9);
5.
‘railway vehicle’ means any vehicle as defined by Regulation (EC) No 91/2003 of the European Parliament and of the Council(10);
6.
‘e.i.r.p.’ means equivalent isotropic radiated power;
7.
‘mean e.i.r.p. density’ means the mean power measured with a 1 MHz resolution bandwidth, a root-mean-square (RMS) detector and an averaging time of 1 ms or less;
8.
‘peak e.i.r.p. density’ means the peak level of transmission contained within a 50 MHz bandwidth centred on the frequency at which the highest mean radiated power occurs. If measured in a bandwidth of x MHz, this level is to be scaled down by a factor of 20log(50/x)dB;
9.
‘maximum e.i.r.p. density’ means the highest signal strength measured in any direction at any frequency within the defined range.
The Member States shall, as early as possible and no later than six months following the entry into force of this Decision, allow the use of the radio spectrum on a non-interference and non-protected basis by equipment using ultra-wideband technology provided that such equipment meets the conditions set out in the Annex to this Decision and it is either used indoors or, if it is used outdoors, it is not attached to a fixed installation, a fixed infrastructure, a fixed outdoor antenna, or an automotive or railway vehicle.
Member States shall keep the use of the bands identified in the Annex by equipment using ultra-wideband technology under scrutiny, in particular with regard to the continued relevance of all the conditions specified in Article 3, and report their findings to the Commission to allow a timely review of this Decision.
This Decision is addressed to the Member States.

1.   Maximum e.i.r.p. densities in the absence of appropriate mitigation techniques

ANNEX
Frequency range(GHz) | Maximum mean e.i.r.p. density(dBm/MHz) | Maximum peak e.i.r.p. density(dBm/50 MHz)
Below 1,6 | –90,0 | –50,0
1,6 to 3,4 | –85,0 | –45,0
3,4 to 3,8 | –85,0 | –45,0
3,8 to 4,2 | –70,0 | –30,0
4,2 to 4,8 | –41,3(until 31 December 2010) | 0,0(until 31 December 2010)
–70,0(beyond 31 December 2010) | –30,0(beyond 31 December 2010)
4,8 to 6,0 | –70,0 | –30,0
6,0 to 8,5 | –41,3 | 0,0
8,5 to 10,6 | –65,0 | –25,0
Above 10,6 | –85,0 | –45,02. Appropriate mitigation techniquesA maximum mean e.i.r.p. density of – 41,3 dBm/MHz is allowed in the 3,4 to 4,8 GHz bands provided that a low duty cycle restriction is applied in which the sum of all transmitted signals is less than 5 % of the time each second and less than 0,5 % of the time each hour, and provided that each transmitted signal does not exceed 5 milliseconds.
Equipment using ultra-wideband technology may also be allowed to use the radio spectrum with e.i.r.p. limits other than those set out in the table in point 1 provided that appropriate mitigation techniques other than those set out in the first sub-paragraph are applied with the result that the equipment achieves at least an equivalent level of protection to that provided by the limits in the table set out in point 1.

Pending: 32007D0066

6.2.2007 EN Official Journal of the European Union L 32/161
(1) Directive 66/401/EEC provides for the maximum weight of a lot to avoid heterogeneity in seed lots in the context of seed testing.
(2) Changes in seed production and marketing practices, in particular the increased size of the seed crops and the methods of transporting seed including bulk shipment, suggest that an increase in the maximum prescribed lot weight for seed of grasses may be desirable.
(3) By Commission Decision 2002/454/EC(2)a temporary experiment with regard to increasing the maximum weight of a lot of certain fodder plant seeds under Directive 66/401/EEC was organised which was to end on 1 June 2003. However no seed companies participated because that Decision required a heterogeneity test to be carried out on every seed lot produced under the experiment involving large additional costs.
(4) Current international practice, namely the ISTA (International Seed Testing Association)/ISF (International Seed Federation) Technical Protocol, approved by the ISTA Executive Committee on 10 February 2006, and adopted by the Council of the OECD (Organisation for Economic Cooperation and Development) on 24 May 2006 permit procedures whereby the maximum weight of a lot may be increased for grasses.
(5) To test in practice the conditions under which production plants are able to produce sufficiently homogeneous large seed lots, a temporary experiment should be organised increasing the maximum weight of a lot of grasses.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and propagating material for Agriculture, Horticulture and Forestry,
a) When derogating from the maximum size of gramineae seed lots, the ISTA/ISF Experiment on Herbage Seed Lot Size(1), as adopted by the Council of the OECD on 24 May 2006, shall be followed;
b) seed producers shall be officially licensed by the Certification Authority;
c) the official label prescribed under Directive 66/401/EEC shall bear the number of this Decision after the words ‘EC rules and standards’;
d) samples supplied for Community comparative trials by a Member State participating in the temporary experiment shall derive from seed lots officially certified under the terms of the experiment; and
e) the Certification Authority shall monitor the experiment, and carry out, where appropriate, checks of up to 5 % of the heterogeneity tests.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1)and in particular Article 13a thereof,
(1) Directive 66/401/EEC provides for the maximum weight of a lot to avoid heterogeneity in seed lots in the context of seed testing.
(2) Changes in seed production and marketing practices, in particular the increased size of the seed crops and the methods of transporting seed including bulk shipment, suggest that an increase in the maximum prescribed lot weight for seed of grasses may be desirable.
(3) By Commission Decision 2002/454/EC(2)a temporary experiment with regard to increasing the maximum weight of a lot of certain fodder plant seeds under Directive 66/401/EEC was organised which was to end on 1 June 2003. However no seed companies participated because that Decision required a heterogeneity test to be carried out on every seed lot produced under the experiment involving large additional costs.
(4) Current international practice, namely the ISTA (International Seed Testing Association)/ISF (International Seed Federation) Technical Protocol, approved by the ISTA Executive Committee on 10 February 2006, and adopted by the Council of the OECD (Organisation for Economic Cooperation and Development) on 24 May 2006 permit procedures whereby the maximum weight of a lot may be increased for grasses.
(5) To test in practice the conditions under which production plants are able to produce sufficiently homogeneous large seed lots, a temporary experiment should be organised increasing the maximum weight of a lot of grasses.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and propagating material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:

Article 1
1. By way of derogation from Article 7(2) of Directive 66/401/EEC and Annex III to that Directive, for Member States participating in the temporary experiment and for seed of the species listed in column 1 of Annex III to that Directive under the heading ‘GRAMINEAE’ the maximum weight of a lot shall be 25 tonnes.
2. For Member States participating in the temporary experiment, the conditions set out in the Annex to this Decision shall apply in addition to the conditions provided for in Directive 66/401/EEC.
3. Member States participating in the experiment shall inform the Commission accordingly. They may terminate their participation at any time by informing the Commission accordingly.

Article 2
Member States shall for each year, by 31 March of the following year, present to the Commission and the other Member States a report on the results of the experiment.

Article 3
The temporary experiment shall start on 1 January 2007 and end on 30 June 2012.

Article 4
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1)and in particular Article 13a thereof,
(1) Directive 66/401/EEC provides for the maximum weight of a lot to avoid heterogeneity in seed lots in the context of seed testing.
(2) Changes in seed production and marketing practices, in particular the increased size of the seed crops and the methods of transporting seed including bulk shipment, suggest that an increase in the maximum prescribed lot weight for seed of grasses may be desirable.
(3) By Commission Decision 2002/454/EC(2)a temporary experiment with regard to increasing the maximum weight of a lot of certain fodder plant seeds under Directive 66/401/EEC was organised which was to end on 1 June 2003. However no seed companies participated because that Decision required a heterogeneity test to be carried out on every seed lot produced under the experiment involving large additional costs.
(4) Current international practice, namely the ISTA (International Seed Testing Association)/ISF (International Seed Federation) Technical Protocol, approved by the ISTA Executive Committee on 10 February 2006, and adopted by the Council of the OECD (Organisation for Economic Cooperation and Development) on 24 May 2006 permit procedures whereby the maximum weight of a lot may be increased for grasses.
(5) To test in practice the conditions under which production plants are able to produce sufficiently homogeneous large seed lots, a temporary experiment should be organised increasing the maximum weight of a lot of grasses.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and propagating material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
1. By way of derogation from Article 7(2) of Directive 66/401/EEC and Annex III to that Directive, for Member States participating in the temporary experiment and for seed of the species listed in column 1 of Annex III to that Directive under the heading ‘GRAMINEAE’ the maximum weight of a lot shall be 25 tonnes.
2. For Member States participating in the temporary experiment, the conditions set out in the Annex to this Decision shall apply in addition to the conditions provided for in Directive 66/401/EEC.
3. Member States participating in the experiment shall inform the Commission accordingly. They may terminate their participation at any time by informing the Commission accordingly.
Member States shall for each year, by 31 March of the following year, present to the Commission and the other Member States a report on the results of the experiment.
The temporary experiment shall start on 1 January 2007 and end on 30 June 2012.
This Decision is addressed to the Member States.
ANNEXConditions referred to in Article 1:

a) | When derogating from the maximum size of gramineae seed lots, the ISTA/ISF Experiment on Herbage Seed Lot Size(1), as adopted by the Council of the OECD on 24 May 2006, shall be followed;
b) | seed producers shall be officially licensed by the Certification Authority;
c) | the official label prescribed under Directive 66/401/EEC shall bear the number of this Decision after the words ‘EC rules and standards’;
d) | samples supplied for Community comparative trials by a Member State participating in the temporary experiment shall derive from seed lots officially certified under the terms of the experiment; and
e) | the Certification Authority shall monitor the experiment, and carry out, where appropriate, checks of up to 5 % of the heterogeneity tests.
(1) http://www.seedtest.org/en/content —-1 — 1039.html)

Pending: 32007D0065

6.2.2007 EN Official Journal of the European Union L 32/144
(1) It is appropriate for the Commission to establish operational procedures and measures to manage crises and emergencies (hereinafter referred to as crisis situations), and, in particular, to ensure that all necessary decisions can be taken as efficiently and rapidly as possible, while ensuring that they remain subject to political control.
(2) It is necessary for the Commission to establish an operational structure for crisis management.
(3) Procedures and measures should,inter alia,be established to manage the security aspects of a crisis situation. In the interests of clarity, the procedures and measures to be used in normal security conditions should also be specified.
(4) Good management of crisis situations involves the possibility of rapidly warning the personnel of the nature of the threat and of protective measures to be taken.
(5) Current practice in the Member States and in other international organisations shows that the establishment of a system of alert states is the most efficient way to ensure that appropriate and proportional security measures are taken in response to the evaluated risk level. A system comprising standard security measures and three alert states should therefore be established. It should apply to all the premises of the Commission.
(6) The Commission provisions on security annexed to its internal Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom(1)provide for a member of the Commission to be responsible for security matters and for implementation of the Commission's security policy.
(7) The general principles established in Section 2 of the Annex to those provisions on security establish general principles of legality, transparency, accountability and subsidiarity (proportionality) which apply equally to crisis management.
(8) The attribution of authority within the Commission and the particular situation of the delegations of the Community in third countries require specific procedures and distinct types of action, depending on whether the security measures concern the premises of the Commission in the Member States or in third countries.
(9) According to the principle of continuity of public service, the Commission should be able to accomplish its tasks in all circumstances as set out in the Treaties. Consequently, in the case of exceptional and unforeseeable events which make it impossible for the Commission to adopt decisions as a College by written or oral procedure as provided for in its Rules of Procedure(2), the President of the Commission should have extraordinary powers to take any measure which, in the context of the specific situation, is considered urgent and necessary.
(10) The Commission provisions on operational procedures for crisis management, as annexed to its internal Rules of Procedure by Decision 2003/246/EC, Euratom(3), should therefore be amended accordingly. For reasons of clarity, they should be replaced by this Decision,
1. Inside the EU, the Director of the Commission Security Directorate is authorised to modify the application of the Standard Security Measures ‘WHITE’ to take account of local or temporary threat assessments. He shall, without delay, inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of his actions, and the reasons for them.Without prejudice to Section 4(3)(a), the Member of the Commission responsible for security matters shall:(a)Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;(b)Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.In situations of extreme urgency where the security situation requires an immediate change to the alert state, the Director of the Commission Security Directorate shall take the decisions required in the preceding paragraph. He shall, without delay, inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of his actions, and the reasons for them. When possible, the Director of the Commission Security Directorate shall confer with the Management Group as laid down in Article 1(2) of the present Decision (a) Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’; (b) Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.
(a) Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.
(a) Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.
2. Outside the EU, the Director-General of DG External Relations is authorised to modify the application of the standard security measures ‘WHITE’ to take account of local situations. He shall, without delay, inform the Member of the Commission responsible for external relations who shall immediately inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of the actions taken and the reasons for them.Without prejudice to section 4(3)(a), the Members of the Commission responsible for external relations and for security matters shall decide jointly:(a)To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;(b)Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.In situations of extreme urgency where the security situation requires an immediate change to the alert state, the Head of the Commission mission or EC Delegation shall take the decisions required in paragraph 2. He shall, without delay, inform the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of the actions taken and the reasons for them. (a) To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’; (b) Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.
(a) To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.
(a) To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.
(a) The Commission Security Directorate will prepare guidelines, to be followed in the Commission Representations and Regional Representations. These guidelines shall be developed with DG Communications and DG External Relations respectively, and shall take account of any threat assessments made by the Commission Security Directorate. DG Communications and DG External Relations respectively shall be responsible for the implementation, operation and enforcement of the relevant security measures.
(b) If the Head of a Commission Representation or Regional Representation in the Member States considers a change in the alert state to be necessary, he shall submit the request to the Commission Security Directorate, with copy to DG Communications or DG External Relations respectively, which will analyse the situation and forward the request to the Member of the Commission responsible for security matters for consideration.
(c) In situations of extreme emergency, the Head of a Commission Representation or Regional Representation in the Member States may take any decision considered necessary to protect staff and assets from threat. Any use of these powers shall immediately be reported to the Commission Security Directorate, with copy to DG Communications or DG External Relations respectively, which will report to the Member of the Commission responsible for security matters for review and, where appropriate, endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
(a) The Commission Security Directorate will prepare guidelines to be followed in the Commission Joint Research Centre. These guidelines shall be developed with the Joint Research Centre, and shall take account of any threat assessments made by the Commission Security Directorate. The Joint Research Centre shall be responsible for the implementation, operation and enforcement of the relevant security measures.
(b) If the Head of a Commission Joint Research Centre considers a change in the alert state to be necessary, he shall submit the request to the Commission Security Directorate which will analyse the situation and forward the request to the Member of the Commission responsible for security matters for consideration.
(c) In situations of extreme emergency, the Head of a Commission Joint Research Centre may take any decision he considers necessary to protect staff and assets from threat. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
(a) In non-EU countries, the Member of the Commission responsible for External Relations shall decide jointly with the member of the Commission responsible for Security Matters on the alert state for each EC Delegation.
(b) In situations of extreme emergency, or where the situation does not allow for consultation, the Head of a Commission EC Delegation may take any decision considered necessary to protect staff and assets from threat, including making temporary changes to the alert state. Any use of these powers, and any change to the alert state, shall, without delay, be notified by the Head of EC Delegation to the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security Matters of the actions taken and the reasons for them. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
(c) In situations other than those covered by the previous paragraph, if the Head of a Commission mission or EC Delegation considers a change in the alert state to be necessary, a request shall be made to the External Relations Director-General, who will report to the Director of the Commission Security Directorate. The authorisation to do so will be given jointly by the Member of the Commission responsible for External Relations and the Member of the Commission responsible for security matters.
(a) The Commission Security Directorate shall establish and maintain contacts with local and federal police services in Member States in particular in Belgium and Luxembourg. The Commission Security Directorate shall establish contact points for the routine exchange of information of mutual interest especially in relation to security measures. If and when necessary, coordination meetings shall be organised.
(b) The Commission Security Directorate shall establish and maintain contacts with the security services of the Member States. It shall establish a routine exchange of information of mutual interest between contact points. If and when necessary, it will hold coordination meetings.
(c) The Commission Security Directorate shall establish and maintain contacts with the security services of the other Community Institutions. It shall establish a routine exchange of information of mutual interest between contact points. If and when necessary, it will hold coordination meetings.
(a) Entry to Commission premises shall be on a strictly ‘need to access’ basis. The Commission Security Directorate shall establish the operational principles by which access to buildings of the European Commission or parts thereof shall be controlled.
(b) All persons entering a Commission building shall have a valid access pass recognised by the Commission Security Directorate. All persons entering Commission buildings shall be obliged to comply with any security instructions given by the Commission Security Directorate or a member of the guard service.
(c) The valid access pass shall at all times be clearly displayed by all persons inside Commission buildings and premises.
(d) The timetable for access to Commission buildings by the different categories of personnel shall be established in cooperation with the Commission Security Directorate.
(e) Outside the timetable referred to above, and including weekends and holidays, persons holding a Commission service card shall make an entry into the registry provided at the reception of the building. All other personnel shall provide, in addition to entering their identification into the registry, a valid authorisation granting access to a Commission building. This authorisation shall be granted by the Commission Security Directorate upon request by the responsible service and transmitted according to existing procedures to the concerned reception.
(a) Service cardsshall be issued to Commissioners and Commission staff i.e. persons covered by the Staff Regulations or by the Conditions of employment of other servants of the European Communities and seconded national experts and when deemed necessary also to staff of other institutions, agencies and other bodies housed in Commission premises. Service cards from other EU institutions shall be accepted on the basis of an agreement with the institution concerned.
(b) Access cardsshall be issued to all other personnel requiring access to the Commission buildings to fulfil contractual obligations with the Commission services. Cards for personnel with a contract limited in time shall not extend beyond this time-limit unless authorised by the Commission's Security Directorate. The period of validity of an access card for such persons shall never extend beyond the end of the current year. Where a Member of the European Parliament wishes to enter a Commission building, he may do so on presentation of his access card issued by the European Parliament to the security guard on duty, without the need to undergo the additional security checks required of external visitors.
(c) Laissez-passerpasses shall be issued by the Commission Security Directorate for legitimate reasons justifying access to Commission's buildings.
(d) Press passes:The request for accreditation by journalists is processed by DG Communications, in cooperation with the Council and the national services. If a request for accreditation is approved, DG Communications asks the Commission Security Directorate to issue a pass.
(e) Visitors’access passes or contractor visitors’access passesshall be issued temporarily to visitors at the reception point to Commission buildings upon verification of a bona fide identification.
(f) Only holders of aservice cardmay invite visitors to Commission buildings. Where the Commission department responsible for the holders of other valid access passes wishes to invite visitors, it may make a motivated request to the Commission Security Directorate.
(g) Family members of Commission officials requesting access to the administrative areas shall be treated as visitors.
(h) All service cards and access passes remain Commission property and shall be handed back to the Commission Security Directorate upon its request. The services of the Commission that asked the Commission Security Directorate for the issue of valid access passes shall ensure that the pass is returned to the Commission Security Directorate either at the end of the contract or if the basis upon which the pass was issued is no longer valid.
(a) Individual visitorsto Commission administrative areas shall be accompanied by a person holding a Commission service card. Administrative areas are those parts of the Commission premises that are not of general interest and concern the functioning of the Commission. Visitors shall be met in the reception area and, at the end of the visit, shall be accompanied back to this area. Individual visitors shall not be allowed to move unaccompanied within Commission premises.
(b) Participating visitors to meetings and events.The Directorate general, cabinet or service responsible for meetings and events shall establish at the reception area where the event is to take place the necessary means for the issue of participant visitor badges. These must be visibly displayed by the participant during his presence in the Commission building where the event takes place.
(c) Contractor visitorsshall be allowed access only for a specified reason and will receive a temporary pass after verification of a bona fide identification. The procedures regulating access and registration of visitors shall be complied with before all access to Commission buildings.
(d) Control over access shall be performed at all times, even in the case of the evacuation of a building or an emergency situation.
(e) The Commission service responsible for health and safety at work shall give advance notice of all evacuation exercises to the Commission Security Directorate in order to ensure access control during and after the exercise.
(f) Contractors making a delivery to a Commission building shall present a goods manifest detailing the reason for making the delivery. Any infringement of this procedure shall immediately be notified to the Commission Security Directorate.
(g) If a person is not allowed to enter one or more Commission buildings, this information shall be forwarded to the Commission Security Directorate which shall take the necessary measures.
(h) Visitors to Commission buildings and their personal belongings may be subjected to technical controls such as searches and luggage inspections.
(a) Host country police services do not have right of access to Commission buildings by virtue of the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, except upon request to and authorisation by the competent authorities of the Commission. If access is granted, personnel from the Commission shall assist the police if and when necessary.
(b) Detailed questions of access for host countries may be laid down in specific agreements.
(c) Armed persons shall not enter or move about a Commission building except by previous written authorisation from the Commission Security Directorate.
(d) No animals are allowed in Commission buildings except for dogs to be used for checks of Commission premises requested by the Commission Security Directorate, patrol dogs used for the security of Commission premises, guide dogs for the blind and hearing dogs.
(e) Except for service requirements, no photography, filming or audio recording is allowed inside Commission buildings without the prior consent of the Commission service responsible for Communication and the Security Directorate.
(a) Only drivers in possession of a valid vehicle access pass and a valid service card, access card or laissez-passer may introduce a car into Commission garages or parking areas. All other passengers in the car shall have a valid access pass to the Commission buildings. Service and access cards must be shown on request to the guard on duty or Commission Security Directorate personnel.
(b) All vehicles requesting access to Commission garages or parking areas, except for duly marked Commission service vehicles, shall have a valid vehicle access pass to be clearly displayed at all times in the garage or parking area.
(c) A Commission official requesting vehicle access shall only be given one vehicle access pass. This pass shall be handed in by the official if a new one is to be issued. No new pass shall be issued unless the old one is returned. If the pass is lost or stolen, a formal statement shall be made to the Commission Security Directorate.
(d) Out of office hours, vehicles may only be left in a Commission garage or parking area where the Commission official concerned is on mission. Furthermore, this requires prior agreement by the Commission Security Directorate.
(e) Access to garages or parking areas of the Commission may be refused for security reasons by the Commission Security Directorate where exceptional circumstances so justify.
(f) Urgent and specific measures may be taken concerning security or safety regarding all vehicles parked in the garages, parking areas or the immediate surrounding area of Commission premises.
(a) All incoming external mail including parcels shall be routed through the relevant Commission mail reception centre. If and when necessary, unusual and/or suspect mail shall undergo further security checks.
(b) Except for cases notified to, and approved by, the Commission Security Directorate, no hand-delivered external mail item shall be presented directly to a Commission building.
(a) Any person working in Commission buildings must report to the Security Directorate persons trying to enter clandestinely in the Commission buildings. They should immediately report any suspect vehicles or objects that are found near to Commission buildings to the Commission Security Directorate.
(b) Before leaving Commission premises at night, before weekends and holidays, particular efforts should be made by all persons working in Commission premises to check that windows are shut and, if applicable, doors are closed and lights extinguished.
(c) When the Commission Security Directorate receives information relating to any events with potential security implication or incidents happening outside or near a Commission building it shall take immediately the necessary security measures in order to avoid any unauthorised access by either persons or vehicles. If necessary, the Commission Security Directorate shall contact the host country security or emergency services.
(a) The Commission Security Directorate incorporates the Commission service responsible for health and safety at work concerning matters of safety and hygiene at work.
(b) The internal emergency hotline is managed by the Commission Security Directorate. If required, the host country fire department and/or the emergency medical services will be alerted, following the emergency instructions in place.
(c) When the Commission Security Directorate is informed of a safety incident such as a serious medical event, a fire, a gas leak, a breakdown of electricity, an inundation or severe structural problems with a Commission building, the Commission Security Directorate shall alert the personnel of the services occupying the building, as well as the technical service.
(d) If required, the Commission Security Directorate is responsible for initiating the appropriate measures for the evacuation of persons present in Commission buildings.
(e) If an incident involving a serious personal injury occurs, any member of personnel shall call the host country emergency medical services. The person calling the emergency services should immediately inform the Commission Security Directorate. The Commission Security Directorate shall ensure appropriate action is taken not to leave the Commission building unattended.
(a) In the event of a demonstration immediately outside Commission premises, the personnel at the reception and garage areas shall inform the Commission Security Directorate, who shall take protective measures and issue orders concerning the building’s security.
(b) When there are indications that an attack is likely on Commission premises, the Commission Security Directorate shall issue specific orders to all concerned services and Commission staff. Depending upon the nature of the threat, the Commission Security Directorate shall take any necessary measures to address the problem and activate the measures laid down in the Commission Decision concerning detailed rules for the implementation of a system of security alert states.
(a) All persons authorised to be present in Commission premises are obliged to wear a visible service card or valid access pass. All persons without such a service card or valid access pass may be obliged to leave Commission premises immediately upon request by the personnel in charge of access control or by an official duly identified from the Commission Security Directorate.
(b) Where persons are trying to obtain unlawful access to Commission premises, Commission officials shall first take care to close offices, safes and locks, provided that their own physical protection is not at risk. They shall immediately report the incident to the Commission Security Directorate. Where the Commission Security Directorate receives information on these incidents it shall issue instructions on the course of action to be taken and the appropriate services to be alerted.
(c) The Commission Security Directorate shall take any necessary measures to address the problem and activate the measures laid down in Commission Decision concerning detailed rules for the implementation of a system of security alert states.
(a) In order to maintain acceptable security protection for persons working in Commission premises and for Commission property, all members of Commission staff must report any person showing erratic or suspicious behaviour. Commission staff has a duty to report these persons to the Commission Security Directorate.
(b) The Commission Security Directorate shall immediately be informed of all suspicious or unauthorised persons in Commission sites. The Commission Security Directorate shall at all times, and without delay, issue instructions on the course of action to be taken and the appropriate services to be alerted.
(a) If a person working in the Commission’s premises receives a bomb threat, that person shall immediately inform the Commission Security Directorate. The Commission Security Directorate shall try to obtain as much information as possible from the person calling or from the message received.
(b) The Commission Security Directorate shall issue instructions on the course of action to be taken and the appropriate services to be alerted at all times of day or night including evacuation where appropriate.
(a) Any Commission official or member of the personnel on duty shall immediately inform the Commission Security Directorate of the discovery of a suspect parcel or other object. When a suspected parcel or other suspected object is discovered, an appropriate security perimeter shall be installed around it, either by the Commission Security Directorate or the local Commission service responsible for health and safety at work. No person shall touch or tamper with the suspect parcel or other object. Use of wireless means of communication shall be forbidden in the vicinity of the place of the incident. The Commission Security Directorate shall operate in close cooperation with the local Commission service responsible for health and safety at work in the interventions described above.
(b) After evaluating the threat and the circumstances, the Commission Security Directorate shall contact the local Commission service responsible for health and safety at work and the competent national authorities. The Commission Security Directorate shall be responsible for the coordination of actions with other Commission or host nation services.
(a) The Head of the EC Delegation shall on a regular basis and if possible establish and maintain contacts in the field of security with the appropriate host country authorities. If and when necessary, coordination meetings shall be organised.
(b) The Head of the EC Delegation shall establish contact points with the other Member States embassies for the routine exchange of information of mutual interest especially in relation to security measures. If and when necessary, coordination meetings shall be organised.
(c) When necessary, such contacts might also be established with International Organisations on site.
(a) Entry to EC Delegation premises shall be on a strictly ‘need to access’ basis. The Head of the EC Delegation, in close cooperation with the External Service Directorate General shall establish the operational principles by which access to buildings of the EC Delegation shall be controlled.
(b) All persons entering an EC Delegation building shall have a valid Commission access pass issued by the Commission Security Directorate or a valid access pass issued by the Head of the EC Delegation according to norms and standards to be established by the Security Directorate. All persons entering Commission buildings shall be obliged to comply with any security instructions given by the Head of the EC Delegation.
(c) The valid access pass shall at all times be clearly displayed by all persons inside EC Delegation buildings and premises.
(a) Service cards shall be issued to Commission officials i.e. persons covered by the Staff Regulations of Officials of the European Communities or by the Conditions of employment of other servants of the European Communities and seconded national experts, and when deemed necessary also to staff of other institutions, agencies and other bodies housed in EC Delegation premises.
(b) Access cardsshall be issued to all other personnel requiring access to the EC Delegation buildings to fulfil contractual obligations with the Commission services. Cards for personnel with a contract limited in time shall not extend beyond this time-limit. The period of validity of an access card shall never extend beyond the end of the current year.
(c) Laissez-passer passesshall be issued by the Head of the EC Delegation for legitimate reasons justifying access to the EC Delegation's building.
(d) Visitors' access passes or contractor visitors' access passesshall be issued temporarily to visitors at the reception point to EC Delegation buildings upon verification of a bona fide identification.
(e) Family members of EC Delegation officialsrequesting access to the administrative areas shall be treated as visitors.
(f) Only holders of aservice cardmay invite visitors to EC Delegation buildings.
(g) Service cards and access passes remain Commission property and shall be handed back to the Head of the EC Delegation upon its request. The services having issued valid access passes shall ensure that the pass is returned either at the end of the contract or if the basis upon which the pass was issued is no longer valid.
(a) Individual visitorsto EC Delegation administrative areas shall be accompanied by a person holding a Commission service card. Administrative areas are those parts of the EC Delegation premises that are not of general interest and concern the functioning of the EC Delegation. Visitors shall be met in the reception area and, at the end of the visit, shall be accompanied back to this area. Individual visitors shall not be allowed to move unaccompanied within EC Delegation premises.
(b) For participating visitors to meetings and social events,the Head of EC Delegation shall establish at the reception area where the event is to take place the necessary means for the issue of the specific meeting and events participant visitor badges. These must be visibly displayed by the participant during his presence in the EC Delegation building where the event takes place.
(c) Contractor visitorsshall be allowed access only for a specified reason and will receive a temporary pass after verification of a bona fide identification. The procedures regulating access and registration of visitors shall be complied with before all access to EC Delegation buildings.
(d) Control over access shall be performed at all times, even, if possible, in the case of the evacuation of a building or an emergency situation.
(e) The opening hours of the EC Delegation are fixed by the Head of EC Delegation. Outside the opening hours referred to above, and including weekends and holidays, persons holding a Commission service card, and accessing the EC Delegation, shall make an entry into the registry provided at the reception of the building.
(f) All visitors shall be registered at the reception of the EC Delegation. They shall provide, in addition to entering their identification into the registry, a valid authorisation granting access to the EC Delegation.
(g) Contractors making a delivery to an EC Delegation building shall present a goods manifest detailing the reason for making the delivery. Any infringement of this procedure shall immediately be notified to the External Service Directorate General.
(h) Visitors to Commission buildings and their personal belongings may be subjected to technical controls such as searches and luggage inspections.
(a) Access to EC Delegation premises is regulated by:—the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961,—the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives,—the establishment agreements concluded by the European Commission with the third countries. — the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961, — the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives, — the establishment agreements concluded by the European Commission with the third countries.
— the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961,
— the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives,
— the establishment agreements concluded by the European Commission with the third countries.
— the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961,
— the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives,
— the establishment agreements concluded by the European Commission with the third countries.
(b) Detailed questions of access for host countries may be laid down in specific agreements which state that, unless the Head of the EC Delegation refuse access, host country emergency services may enter EC Delegation buildings in case of immediate danger to security or the health of personnel requiring immediate intervention. The External Relations Director-General shall be immediately informed of these interventions.Host country police services do not have right of access to EC Delegation premises buildings, except upon request to the Head of EC Delegation. If access is granted, personnel from the EC Delegation shall assist the police if and when necessary.
(c) Armed persons shall not enter or move about an EC Delegation building except by previous written agreement with the Head of EC Delegation.
(d) No animals are allowed in EC Delegation buildings except for dogs to be used for checks of EC Delegation premises, patrol dogs used for the security, guide dogs for the blind and hearing dogs.
(e) Except for service requirements, no photography, filming or audio recording is allowed inside EC Delegation buildings without the prior consent of the Head of EC Delegation.
(a) Only drivers in possession of a valid vehicle access pass and a valid service card, access card or laissez passer may introduce a car into EC Delegation garages or parking areas. All other passengers in the car shall have a valid access pass to the EC Delegation buildings. Service and access cards shall be shown on request.
(b) All vehicles requesting access to EC Delegation garages or parking areas, except for duly marked Commission service vehicles, shall have a valid vehicle access pass to be clearly displayed not only upon entry into the building but also during the stay in the garage or parking area.
(c) A Commission official requesting vehicle access shall only be given one vehicle access pass. This pass shall be handed in by the official if a new one is to be issued. No new pass shall be issued unless the old one is returned. If the pass is lost or stolen, a formal statement to the Head of EC Delegation shall be made.
(d) Access to garages or parking areas of the EC Delegation may be refused for security reasons by the Head of EC Delegation.
(e) Urgent and specific measures may be taken concerning security or safety regarding all vehicles parked in the garages, parking areas or the immediate surrounding area of EC Delegation premises.
(a) Except for diplomatic pouch, all incoming external mail including parcels shall, when unusual or suspect, undergo further security checks.
(b) Except for cases notified to, and approved by, the Head of EC Delegation, no hand-delivered external mail item shall be presented directly to an addressee in the EC Delegation.
(a) Any person working in an EC Delegation building shall report persons observing or trying to enter clandestinely EC Delegation buildings. They shall immediately report any suspect vehicles, objects or persons that are found next or near to EC Delegation buildings to the Head of an EC Delegation.
(b) Before leaving EC Delegation premises at night, before weekends and holidays, particular efforts shall be made by all persons working in EC Delegation premises to check that windows are shut and, if applicable, doors are closed and lights are extinguished.
(c) When the External Relations Director-General receives information relating to any events with potential security implication or incidents happening outside or near an EC Delegation building, he shall immediately inform the Head of EC Delegation who shall immediately take the necessary security measures in order to avoid any unauthorised access by either persons or vehicles. If necessary, he shall contact the appropriate host nation authority.
(a) If an incident involving a serious personal injury is reported, any member of personnel shall call the local emergency medical services.
(b) Appropriate action shall be undertaken in order not to leave the EC Delegation building unattended.
(a) In the event of a demonstration in the immediate surroundings of EC Delegation premises, the personnel at the reception and garage areas shall inform the Head of EC Delegation, who shall take protective measures and issue orders concerning the building's security.
(b) When there are indications that an attack is likely on EC Delegation premises, the Head of EC Delegation shall issue specific orders to all concerned services and EC Delegation staff and immediately inform the External Relations Directorate-General, who will inform the Director of the Commission Security Directorate. Depending upon the nature of the threat, appropriate measures shall be taken.
(a) All persons authorised to be present in EC Delegation premises are obliged to wear a visible valid access pass or service card. All persons without such a valid access pass or service card may be obliged to leave the EC Delegation premises immediately upon request by the personnel in charge of access control or by an official duly identified by the Head of an EC Delegation.
(b) Where persons are trying to obtain unlawful access to EC Delegation premises, EC Delegation officials should first take care to close offices, safes and locks, provided their own physical protection is not at risk. They shall immediately inform the External Relations Director-General and seek instructions on the course of action to be taken and the appropriate services to be alerted.
(c) The External Relations Director-General shall take the appropriate measures in cooperation with the Director of the Commission Security Directorate to resolve the problem. He may contact the appropriate host country authorities to seek their assistance, including the police forces.
(a) In order to maintain acceptable security protection for persons working in EC Delegation premises and for Commission property, all members of EC Delegation must report any person showing erratic or suspicious behaviour. EC Delegation staff has a duty to report these persons to the Head of the EC Delegation.
(b) The Head of EC Delegation shall immediately be informed of all suspicious or unauthorised intrusions into Commission buildings. The External Relations Director-General shall at all times, and without delay, issue instructions on the course of action to be taken and the appropriate services to be alerted.
(a) If a person working in a EC Delegation receives a bomb threat, that person shall immediately inform the External Relations Director-General. This person shall try to obtain as much information as possible from the person calling or from the message received.
(b) The External Relations Director-General shall issue instructions on the course of action to be taken and, without delay, inform the Member of the Commission responsible for External Relations who will in turn inform the Member of the Commission responsible for security matters.
(c) Acting on the request of the competent host country's authorities (i.e. the emergency services), the Head of EC Delegation may decide to evacuate the EC Delegation building. The External Relations Director-General shall be kept fully informed.
(a) Any EC Delegation official or member of the personnel on duty shall immediately inform the Head of EC Delegation of the discovery of a suspect parcel or other object. When a suspected parcel or other suspect object is discovered, an appropriate security perimeter shall be installed around it. No person shall touch or tamper with the suspect parcel or other object. Use of wireless means of communication shall be forbidden in the vicinity of the place of the incident.
(b) After evaluating the threat and the circumstances, the Head of EC Delegation shall contact the appropriate host country authorities.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
Having regard to the Treaty establishing European Atomic Energy Community, and in particular Article 131 thereof,
Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,
(1) It is appropriate for the Commission to establish operational procedures and measures to manage crises and emergencies (hereinafter referred to as crisis situations), and, in particular, to ensure that all necessary decisions can be taken as efficiently and rapidly as possible, while ensuring that they remain subject to political control.
(2) It is necessary for the Commission to establish an operational structure for crisis management.
(3) Procedures and measures should,inter alia,be established to manage the security aspects of a crisis situation. In the interests of clarity, the procedures and measures to be used in normal security conditions should also be specified.
(4) Good management of crisis situations involves the possibility of rapidly warning the personnel of the nature of the threat and of protective measures to be taken.
(5) Current practice in the Member States and in other international organisations shows that the establishment of a system of alert states is the most efficient way to ensure that appropriate and proportional security measures are taken in response to the evaluated risk level. A system comprising standard security measures and three alert states should therefore be established. It should apply to all the premises of the Commission.
(6) The Commission provisions on security annexed to its internal Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom(1)provide for a member of the Commission to be responsible for security matters and for implementation of the Commission’s security policy.
(7) The general principles established in Section 2 of the Annex to those provisions on security establish general principles of legality, transparency, accountability and subsidiarity (proportionality) which apply equally to crisis management.
(8) The attribution of authority within the Commission and the particular situation of the delegations of the Community in third countries require specific procedures and distinct types of action, depending on whether the security measures concern the premises of the Commission in the Member States or in third countries.
(9) According to the principle of continuity of public service, the Commission should be able to accomplish its tasks in all circumstances as set out in the Treaties. Consequently, in the case of exceptional and unforeseeable events which make it impossible for the Commission to adopt decisions as a College by written or oral procedure as provided for in its Rules of Procedure(2), the President of the Commission should have extraordinary powers to take any measure which, in the context of the specific situation, is considered urgent and necessary.
(10) The Commission provisions on operational procedures for crisis management, as annexed to its internal Rules of Procedure by Decision 2003/246/EC, Euratom(3), should therefore be amended accordingly. For reasons of clarity, they should be replaced by this Decision,
HAS DECIDED AS FOLLOWS:

Article 1
1. The crisis system shall be managed by a Management Group, in accordance with paragraph 2. It shall be supported by an Operational Team and a Monitoring Team, established by the Director of the Commission Security Directorate.
2. The Management Group shall meet under the chairmanship of the Deputy Secretary-General. It shall consist of a Member of the Cabinet of the President and of the Member of the Commission responsible for security matters, the Director of the Commission Security Directorate, Directors-General of the Legal Service, for Personnel and Administration, for Budget, for Communication, for Justice Freedom and Security, for External Relations, for Informatics and such other persons as the Deputy Secretary-General considers appropriate in the circumstances.
3. If a crisis situation arises outside the European Union, a member of the cabinet of the Commissioner responsible for External Relations shall be invited to attend the meetings of the Management Group.
4. The Management Group shall be responsible for advising the Commission and in particular the Member of the Commission responsible for security matters on appropriate measures to be taken to protect the staff and assets of the Commission, and ensure its operational effectiveness, in the event of a crisis situation.
5. The President, the Member of the Commission responsible for security matters and each Member of the Commission involved in the crisis situation shall be kept informed of developments by the Chairman of the Management Group.
6. A 24-hour, seven-days-a-week readiness service shall operate, on the basis of the constant presence of at least two officials, so that the Security Directorate can discharge its responsibilities.

Article 2
1. Inside the European Union, the Member of the Commission responsible for security matters may at any time instruct the Director of the Commission Security Directorate to put the crisis management system into operation.
2. If a crisis situation arises outside the European Union, the decision to put the crisis management system into operation shall be taken jointly by the Members of the Commission responsible for External Relations and for Security Matters.

Article 3
1. To enable decisions to be taken with sufficient speed to ensure the protection of Commission staff (including protection of their health at the workplace), information, buildings and other assets from any threat and to ensure its operational capacity, in situations where urgency precludes the use of usual decision-making procedures, paragraphs 2 and 3 shall apply.
2. If a crisis situation arises inside the European Union, the Member of the Commission responsible for security matters may take any decision he considers necessary to protect the staff and assets of the Commission from such threat.
In situations of extreme urgency the Director of the Commission Security Directorate may take similar decisions to those provided for in the first subparagraph, acting where possible in consultation with the Management Group. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate, endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
3. If a crisis situation arises outside the European Union, in situations of extreme urgency the Head of a Commission mission or Community delegation may take similar decisions to those provided for in the first subparagraph of paragraph 2. Any use of these powers shall be reported to the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security matters. These decisions shall be jointly reviewed by the two Members, and where appropriate endorsed, amended or revoked. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
4. Any decision taken pursuant to this article shall be submitted to the next meeting of the College for review and, where appropriate, endorsement, amendment or revocation.

Article 4
1. In the case of exceptional and unforeseeable events which make it impossible for the Commission to decide as a College by written or oral procedure as set out in article 4 of its Rules of Procedure, the President of the Commission may, on behalf of the Commission and under its responsibility, adopt any measure which, in the context of the specific crisis situation, is considered urgent and necessary to preserve the Community public interest, to meet legal obligations of the Community or to prevent avoidable damages on Community institutions or bodies, Member States or on the Union’s citizens and undertakings.
2. The President shall act, as far as practicable, after consultation of the departments with a legitimate interest and the members of the Commission not prevented from exercising their functions.
3. Any decision taken pursuant to this article shall be submitted to the College for review and, where appropriate, endorsement, amendment or revocation once the conditions necessary for the functioning of the College are in place.

Article 5
The provisions on deputising laid down in the Rules of Procedure of the Commission and the Rules giving effect to them shall apply,mutatis mutandis,to the present decision.

Article 6
A system comprising standard security measures and three alert states is established. The system and the corresponding security measures shall be as set out in the Annex. It shall apply to all the premises of the Commission.

Article 7
The Commission provisions on operational procedures for crisis management annexed to its Rules of Procedure by Decision 2003/246/EC, Euratom are deleted.

Article 8
This Decision is without prejudice to the Commission provisions setting up the ARGUS general alert system annexed to its Rules of Procedure by Commission Decision 2006/25/EC, Euratom(4).

Article 9
This Decision shall enter into force on the day of its adoption.
It shall be published in theOfficial Journal of the European Union.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
Having regard to the Treaty establishing European Atomic Energy Community, and in particular Article 131 thereof,
Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,
(1) It is appropriate for the Commission to establish operational procedures and measures to manage crises and emergencies (hereinafter referred to as crisis situations), and, in particular, to ensure that all necessary decisions can be taken as efficiently and rapidly as possible, while ensuring that they remain subject to political control.
(2) It is necessary for the Commission to establish an operational structure for crisis management.
(3) Procedures and measures should,inter alia,be established to manage the security aspects of a crisis situation. In the interests of clarity, the procedures and measures to be used in normal security conditions should also be specified.
(4) Good management of crisis situations involves the possibility of rapidly warning the personnel of the nature of the threat and of protective measures to be taken.
(5) Current practice in the Member States and in other international organisations shows that the establishment of a system of alert states is the most efficient way to ensure that appropriate and proportional security measures are taken in response to the evaluated risk level. A system comprising standard security measures and three alert states should therefore be established. It should apply to all the premises of the Commission.
(6) The Commission provisions on security annexed to its internal Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom(1)provide for a member of the Commission to be responsible for security matters and for implementation of the Commission’s security policy.
(7) The general principles established in Section 2 of the Annex to those provisions on security establish general principles of legality, transparency, accountability and subsidiarity (proportionality) which apply equally to crisis management.
(8) The attribution of authority within the Commission and the particular situation of the delegations of the Community in third countries require specific procedures and distinct types of action, depending on whether the security measures concern the premises of the Commission in the Member States or in third countries.
(9) According to the principle of continuity of public service, the Commission should be able to accomplish its tasks in all circumstances as set out in the Treaties. Consequently, in the case of exceptional and unforeseeable events which make it impossible for the Commission to adopt decisions as a College by written or oral procedure as provided for in its Rules of Procedure(2), the President of the Commission should have extraordinary powers to take any measure which, in the context of the specific situation, is considered urgent and necessary.
(10) The Commission provisions on operational procedures for crisis management, as annexed to its internal Rules of Procedure by Decision 2003/246/EC, Euratom(3), should therefore be amended accordingly. For reasons of clarity, they should be replaced by this Decision,
HAS DECIDED AS FOLLOWS:
1. The crisis system shall be managed by a Management Group, in accordance with paragraph 2. It shall be supported by an Operational Team and a Monitoring Team, established by the Director of the Commission Security Directorate.
2. The Management Group shall meet under the chairmanship of the Deputy Secretary-General. It shall consist of a Member of the Cabinet of the President and of the Member of the Commission responsible for security matters, the Director of the Commission Security Directorate, Directors-General of the Legal Service, for Personnel and Administration, for Budget, for Communication, for Justice Freedom and Security, for External Relations, for Informatics and such other persons as the Deputy Secretary-General considers appropriate in the circumstances.
3. If a crisis situation arises outside the European Union, a member of the cabinet of the Commissioner responsible for External Relations shall be invited to attend the meetings of the Management Group.
4. The Management Group shall be responsible for advising the Commission and in particular the Member of the Commission responsible for security matters on appropriate measures to be taken to protect the staff and assets of the Commission, and ensure its operational effectiveness, in the event of a crisis situation.
5. The President, the Member of the Commission responsible for security matters and each Member of the Commission involved in the crisis situation shall be kept informed of developments by the Chairman of the Management Group.
6. A 24-hour, seven-days-a-week readiness service shall operate, on the basis of the constant presence of at least two officials, so that the Security Directorate can discharge its responsibilities.
1. Inside the European Union, the Member of the Commission responsible for security matters may at any time instruct the Director of the Commission Security Directorate to put the crisis management system into operation.
2. If a crisis situation arises outside the European Union, the decision to put the crisis management system into operation shall be taken jointly by the Members of the Commission responsible for External Relations and for Security Matters.
1. To enable decisions to be taken with sufficient speed to ensure the protection of Commission staff (including protection of their health at the workplace), information, buildings and other assets from any threat and to ensure its operational capacity, in situations where urgency precludes the use of usual decision-making procedures, paragraphs 2 and 3 shall apply.
2. If a crisis situation arises inside the European Union, the Member of the Commission responsible for security matters may take any decision he considers necessary to protect the staff and assets of the Commission from such threat.
In situations of extreme urgency the Director of the Commission Security Directorate may take similar decisions to those provided for in the first subparagraph, acting where possible in consultation with the Management Group. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate, endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
3. If a crisis situation arises outside the European Union, in situations of extreme urgency the Head of a Commission mission or Community delegation may take similar decisions to those provided for in the first subparagraph of paragraph 2. Any use of these powers shall be reported to the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security matters. These decisions shall be jointly reviewed by the two Members, and where appropriate endorsed, amended or revoked. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
4. Any decision taken pursuant to this article shall be submitted to the next meeting of the College for review and, where appropriate, endorsement, amendment or revocation.
1. In the case of exceptional and unforeseeable events which make it impossible for the Commission to decide as a College by written or oral procedure as set out in article 4 of its Rules of Procedure, the President of the Commission may, on behalf of the Commission and under its responsibility, adopt any measure which, in the context of the specific crisis situation, is considered urgent and necessary to preserve the Community public interest, to meet legal obligations of the Community or to prevent avoidable damages on Community institutions or bodies, Member States or on the Union’s citizens and undertakings.
2. The President shall act, as far as practicable, after consultation of the departments with a legitimate interest and the members of the Commission not prevented from exercising their functions.
3. Any decision taken pursuant to this article shall be submitted to the College for review and, where appropriate, endorsement, amendment or revocation once the conditions necessary for the functioning of the College are in place.
The provisions on deputising laid down in the Rules of Procedure of the Commission and the Rules giving effect to them shall apply,mutatis mutandis,to the present decision.
A system comprising standard security measures and three alert states is established. The system and the corresponding security measures shall be as set out in the Annex. It shall apply to all the premises of the Commission.
The Commission provisions on operational procedures for crisis management annexed to its Rules of Procedure by Decision 2003/246/EC, Euratom are deleted.
This Decision is without prejudice to the Commission provisions setting up the ARGUS general alert system annexed to its Rules of Procedure by Commission Decision 2006/25/EC, Euratom(4).
This Decision shall enter into force on the day of its adoption.
It shall be published in theOfficial Journal of the European Union.

Section 1

ANNEXSTANDARD SECURITY MEASURES AND ALERT STATESA security system comprising standard security measures and three alert states corresponding to the existence of a threat is applicable in the premises of the Commission. The standard security measures and the alert states, from level one to level three, corresponding to increasing threat levels, detailed in Appendix 1, are identified by the colour codes ‘WHITE’, ‘YELLOW’, ‘ORANGE’ and ‘RED’.
Section 2The standard security measures, identified by the colour ‘WHITE’, listed in Appendices 2A and 2B are applicable when no particular security threat has been identified.
The standard security measures listed in Appendix 2A to the present Annex are applicable in the premises of the European Commission situated in the Member States of the European Union.
The standard security measures listed in Appendix 2B to the present Annex are applicable in the premises of the European Commission situated in third countries.
Section 3
| 1. | Inside the EU, the Director of the Commission Security Directorate is authorised to modify the application of the Standard Security Measures ‘WHITE’ to take account of local or temporary threat assessments. He shall, without delay, inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of his actions, and the reasons for them.Without prejudice to Section 4(3)(a), the Member of the Commission responsible for security matters shall:(a)Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;(b)Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.In situations of extreme urgency where the security situation requires an immediate change to the alert state, the Director of the Commission Security Directorate shall take the decisions required in the preceding paragraph. He shall, without delay, inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of his actions, and the reasons for them. When possible, the Director of the Commission Security Directorate shall confer with the Management Group as laid down in Article 1(2) of the present Decision | (a) | Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’; | (b) | Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.
(a) | Decide to increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) | Decide which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, he shall take account of the advice of the Director of the Commission Security Directorate.
| 2. | Outside the EU, the Director-General of DG External Relations is authorised to modify the application of the standard security measures ‘WHITE’ to take account of local situations. He shall, without delay, inform the Member of the Commission responsible for external relations who shall immediately inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of the actions taken and the reasons for them.Without prejudice to section 4(3)(a), the Members of the Commission responsible for external relations and for security matters shall decide jointly:(a)To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;(b)Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.In situations of extreme urgency where the security situation requires an immediate change to the alert state, the Head of the Commission mission or EC Delegation shall take the decisions required in paragraph 2. He shall, without delay, inform the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security matters and the chairperson of the Management Group of the actions taken and the reasons for them. | (a) | To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’; | (b) | Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.
(a) | To increase the level of security to the ‘YELLOW’, ‘ORANGE’ or ‘RED’ alert state, to reduce the alert state or to return to the standard security measures ‘WHITE’;
(b) | Which of the specific measures of the alert states shall be implemented in light of the actual security situation. In reaching these decisions, they shall take account of the advice of the Director of the Commission Security Directorate.Section 41. The Commission Representations, Regional Representations and the EU Missions to international organisations in the Member States
(a) | The Commission Security Directorate will prepare guidelines, to be followed in the Commission Representations and Regional Representations. These guidelines shall be developed with DG Communications and DG External Relations respectively, and shall take account of any threat assessments made by the Commission Security Directorate. DG Communications and DG External Relations respectively shall be responsible for the implementation, operation and enforcement of the relevant security measures.
(b) | If the Head of a Commission Representation or Regional Representation in the Member States considers a change in the alert state to be necessary, he shall submit the request to the Commission Security Directorate, with copy to DG Communications or DG External Relations respectively, which will analyse the situation and forward the request to the Member of the Commission responsible for security matters for consideration.
(c) | In situations of extreme emergency, the Head of a Commission Representation or Regional Representation in the Member States may take any decision considered necessary to protect staff and assets from threat. Any use of these powers shall immediately be reported to the Commission Security Directorate, with copy to DG Communications or DG External Relations respectively, which will report to the Member of the Commission responsible for security matters for review and, where appropriate, endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.2. The Joint Research Centre
(a) | The Commission Security Directorate will prepare guidelines to be followed in the Commission Joint Research Centre. These guidelines shall be developed with the Joint Research Centre, and shall take account of any threat assessments made by the Commission Security Directorate. The Joint Research Centre shall be responsible for the implementation, operation and enforcement of the relevant security measures.
(b) | If the Head of a Commission Joint Research Centre considers a change in the alert state to be necessary, he shall submit the request to the Commission Security Directorate which will analyse the situation and forward the request to the Member of the Commission responsible for security matters for consideration.
(c) | In situations of extreme emergency, the Head of a Commission Joint Research Centre may take any decision he considers necessary to protect staff and assets from threat. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.3. The Commission EC Delegations and Missions in non-EU Countries
(a) | In non-EU countries, the Member of the Commission responsible for External Relations shall decide jointly with the member of the Commission responsible for Security Matters on the alert state for each EC Delegation.
(b) | In situations of extreme emergency, or where the situation does not allow for consultation, the Head of a Commission EC Delegation may take any decision considered necessary to protect staff and assets from threat, including making temporary changes to the alert state. Any use of these powers, and any change to the alert state, shall, without delay, be notified by the Head of EC Delegation to the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security Matters of the actions taken and the reasons for them. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
(c) | In situations other than those covered by the previous paragraph, if the Head of a Commission mission or EC Delegation considers a change in the alert state to be necessary, a request shall be made to the External Relations Director-General, who will report to the Director of the Commission Security Directorate. The authorisation to do so will be given jointly by the Member of the Commission responsible for External Relations and the Member of the Commission responsible for security matters.

Introduction

Appendix 1SECURITY ALERT STATES IN THE COMMISSIONAn alert state is a set of security measures intended to provide a specific level of protection to Commission staff, information, buildings and other assets from any threat and to ensure its operational capacity. These security measures are implemented and discontinued in a general or selective manner, as the threat level increases or decreases.
An alert state requires the adoption of detailed measures to be implemented by the Security Directorate or by the Head of the Delegation concerned by the crisis situation according to the nature of the threat. Sets of measures are laid down in a separate decision.
The standard security measures ‘WHITE’
The standard security measures coded ‘WHITE’ are used when no significant security threat has been identified. These standard security measures are applicable on a daily basis. They indicate a normal security situation and provide for a minimum acceptable level of security. They form the basis of the security measures applied in Commission premises.

‘YELLOW’ alert stateThe ‘YELLOW’ alert state takes effect when threats are made or exceptional events happen that endanger the integrity of staff, information, buildings and other assets and that may possibly have an adverse effect on the European Commission or its functioning.

‘ORANGE’ alert stateThe ‘ORANGE’ alert state takes effect when threats are made or exceptional events happen that endanger the integrity of staff, information, buildings and other assets and that are aimed at the European Commission or its functioning, even though no definite object, target or time of attack has been identified.

‘RED’ alert stateThe ‘RED’ alert state takes effect when the European Commission or its functioning becomes the target of threats or exceptional events that endanger the integrity of staff, information, buildings and other assets. These threats are clear and definite and may happen at any moment.

Introduction

Appendix 2ASTANDARD SECURITY MEASURES APPLICABLE IN THE PREMISES OF THE EUROPEAN COMMISSION SITUATED IN THE MEMBER STATES OF THE EUROPEAN UNIONThe standard security measures are established in general terms and, when applied, will be accompanied by detailed instructions to the services which will be responsible for their implementation. The creation of these detailed instructions, and supervision of their implementation, shall be undertaken by the Commission Security Directorate.
1. Terms of applicationThese standard security measures are generally applicable. They provide for a level of security commensurate with the situation where there is no elevated level of threat. This situation will be identified by the colour code ‘WHITE’. They form the basis of the security measures applied in Commission premises.
2. Communications outside the Commission
(a) | The Commission Security Directorate shall establish and maintain contacts with local and federal police services in Member States in particular in Belgium and Luxembourg. The Commission Security Directorate shall establish contact points for the routine exchange of information of mutual interest especially in relation to security measures. If and when necessary, coordination meetings shall be organised.
(b) | The Commission Security Directorate shall establish and maintain contacts with the security services of the Member States. It shall establish a routine exchange of information of mutual interest between contact points. If and when necessary, it will hold coordination meetings.
(c) | The Commission Security Directorate shall establish and maintain contacts with the security services of the other Community Institutions. It shall establish a routine exchange of information of mutual interest between contact points. If and when necessary, it will hold coordination meetings.3. Communications inside the CommissionThe Commission Security Directorate shall inform all new staff, including temporary staff, national experts and contract agents of the standard security measures applicable to Commission premises. Awareness-raising will emphasise at least the individual responsibility of Commission officials in the following areas: access to Commission buildings, visitors, rules governing the organisation of meetings, the use of the mail system, the use of e-mail, the security aspects of telephone communications and the handling and use of EU classified information.
4. Physical protection/access control4.1. Principles of access control

(a) | Entry to Commission premises shall be on a strictly ‘need to access’ basis. The Commission Security Directorate shall establish the operational principles by which access to buildings of the European Commission or parts thereof shall be controlled.
(b) | All persons entering a Commission building shall have a valid access pass recognised by the Commission Security Directorate. All persons entering Commission buildings shall be obliged to comply with any security instructions given by the Commission Security Directorate or a member of the guard service.
(c) | The valid access pass shall at all times be clearly displayed by all persons inside Commission buildings and premises.
(d) | The timetable for access to Commission buildings by the different categories of personnel shall be established in cooperation with the Commission Security Directorate.
(e) | Outside the timetable referred to above, and including weekends and holidays, persons holding a Commission service card shall make an entry into the registry provided at the reception of the building. All other personnel shall provide, in addition to entering their identification into the registry, a valid authorisation granting access to a Commission building. This authorisation shall be granted by the Commission Security Directorate upon request by the responsible service and transmitted according to existing procedures to the concerned reception.4.2. Valid access passes

(a) | Service cardsshall be issued to Commissioners and Commission staff i.e. persons covered by the Staff Regulations or by the Conditions of employment of other servants of the European Communities and seconded national experts and when deemed necessary also to staff of other institutions, agencies and other bodies housed in Commission premises. Service cards from other EU institutions shall be accepted on the basis of an agreement with the institution concerned.
(b) | Access cardsshall be issued to all other personnel requiring access to the Commission buildings to fulfil contractual obligations with the Commission services. Cards for personnel with a contract limited in time shall not extend beyond this time-limit unless authorised by the Commission’s Security Directorate. The period of validity of an access card for such persons shall never extend beyond the end of the current year. Where a Member of the European Parliament wishes to enter a Commission building, he may do so on presentation of his access card issued by the European Parliament to the security guard on duty, without the need to undergo the additional security checks required of external visitors.
(c) | Laissez-passerpasses shall be issued by the Commission Security Directorate for legitimate reasons justifying access to Commission’s buildings.
(d) | Press passes:The request for accreditation by journalists is processed by DG Communications, in cooperation with the Council and the national services. If a request for accreditation is approved, DG Communications asks the Commission Security Directorate to issue a pass.
(e) | Visitors’access passes or contractor visitors’access passesshall be issued temporarily to visitors at the reception point to Commission buildings upon verification of a bona fide identification.
(f) | Only holders of aservice cardmay invite visitors to Commission buildings. Where the Commission department responsible for the holders of other valid access passes wishes to invite visitors, it may make a motivated request to the Commission Security Directorate.
(g) | Family members of Commission officials requesting access to the administrative areas shall be treated as visitors.
(h) | All service cards and access passes remain Commission property and shall be handed back to the Commission Security Directorate upon its request. The services of the Commission that asked the Commission Security Directorate for the issue of valid access passes shall ensure that the pass is returned to the Commission Security Directorate either at the end of the contract or if the basis upon which the pass was issued is no longer valid.4.3. Type of visitors to Commission premises

(a) | Individual visitorsto Commission administrative areas shall be accompanied by a person holding a Commission service card. Administrative areas are those parts of the Commission premises that are not of general interest and concern the functioning of the Commission. Visitors shall be met in the reception area and, at the end of the visit, shall be accompanied back to this area. Individual visitors shall not be allowed to move unaccompanied within Commission premises.
(b) | Participating visitors to meetings and events.The Directorate general, cabinet or service responsible for meetings and events shall establish at the reception area where the event is to take place the necessary means for the issue of participant visitor badges. These must be visibly displayed by the participant during his presence in the Commission building where the event takes place.
(c) | Contractor visitorsshall be allowed access only for a specified reason and will receive a temporary pass after verification of a bona fide identification. The procedures regulating access and registration of visitors shall be complied with before all access to Commission buildings.
(d) | Control over access shall be performed at all times, even in the case of the evacuation of a building or an emergency situation.
(e) | The Commission service responsible for health and safety at work shall give advance notice of all evacuation exercises to the Commission Security Directorate in order to ensure access control during and after the exercise.
(f) | Contractors making a delivery to a Commission building shall present a goods manifest detailing the reason for making the delivery. Any infringement of this procedure shall immediately be notified to the Commission Security Directorate.
(g) | If a person is not allowed to enter one or more Commission buildings, this information shall be forwarded to the Commission Security Directorate which shall take the necessary measures.
(h) | Visitors to Commission buildings and their personal belongings may be subjected to technical controls such as searches and luggage inspections.4.4. VIP visits
The Commission Security Directorate shall be responsible for the security arrangements for all official visits that take place to Commission premises or associated areas. This shall include visits from VIPs whose visit to the Commission warrants additional security arrangements. The Commission service organising the visit shall notify the Commission Security Directorate of all necessary details as soon as these are known. The service concerned will keep the Commission Security Directorate fully informed of any new developments or changes to the notified programme.
4.5. Restricted access to Commission’s buildings

(a) | Host country police services do not have right of access to Commission buildings by virtue of the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, except upon request to and authorisation by the competent authorities of the Commission. If access is granted, personnel from the Commission shall assist the police if and when necessary.
(b) | Detailed questions of access for host countries may be laid down in specific agreements.
(c) | Armed persons shall not enter or move about a Commission building except by previous written authorisation from the Commission Security Directorate.
(d) | No animals are allowed in Commission buildings except for dogs to be used for checks of Commission premises requested by the Commission Security Directorate, patrol dogs used for the security of Commission premises, guide dogs for the blind and hearing dogs.
(e) | Except for service requirements, no photography, filming or audio recording is allowed inside Commission buildings without the prior consent of the Commission service responsible for Communication and the Security Directorate.4.6. Access to garages and parking areas

(a) | Only drivers in possession of a valid vehicle access pass and a valid service card, access card or laissez-passer may introduce a car into Commission garages or parking areas. All other passengers in the car shall have a valid access pass to the Commission buildings. Service and access cards must be shown on request to the guard on duty or Commission Security Directorate personnel.
(b) | All vehicles requesting access to Commission garages or parking areas, except for duly marked Commission service vehicles, shall have a valid vehicle access pass to be clearly displayed at all times in the garage or parking area.
(c) | A Commission official requesting vehicle access shall only be given one vehicle access pass. This pass shall be handed in by the official if a new one is to be issued. No new pass shall be issued unless the old one is returned. If the pass is lost or stolen, a formal statement shall be made to the Commission Security Directorate.
(d) | Out of office hours, vehicles may only be left in a Commission garage or parking area where the Commission official concerned is on mission. Furthermore, this requires prior agreement by the Commission Security Directorate.
(e) | Access to garages or parking areas of the Commission may be refused for security reasons by the Commission Security Directorate where exceptional circumstances so justify.
(f) | Urgent and specific measures may be taken concerning security or safety regarding all vehicles parked in the garages, parking areas or the immediate surrounding area of Commission premises.4.7. Mail and parcel delivery

(a) | All incoming external mail including parcels shall be routed through the relevant Commission mail reception centre. If and when necessary, unusual and/or suspect mail shall undergo further security checks.
(b) | Except for cases notified to, and approved by, the Commission Security Directorate, no hand-delivered external mail item shall be presented directly to a Commission building.4.8. Valuable items
Commission staff entrusted with Commission property shall take all appropriate precautions to ensure proper use and storage of this property and to avoid damage, loss or unauthorised access.
4.9. Security in the surroundings of the Commission’s premises

(a) | Any person working in Commission buildings must report to the Security Directorate persons trying to enter clandestinely in the Commission buildings. They should immediately report any suspect vehicles or objects that are found near to Commission buildings to the Commission Security Directorate.
(b) | Before leaving Commission premises at night, before weekends and holidays, particular efforts should be made by all persons working in Commission premises to check that windows are shut and, if applicable, doors are closed and lights extinguished.
(c) | When the Commission Security Directorate receives information relating to any events with potential security implication or incidents happening outside or near a Commission building it shall take immediately the necessary security measures in order to avoid any unauthorised access by either persons or vehicles. If necessary, the Commission Security Directorate shall contact the host country security or emergency services.4.10. Security inside Commission’s premises
The Commission Security Directorate shall define the security standards to be respected by all persons in Commission sites.
4.11. Actions to be taken by the Commission’s Security Directorate in the event of safety incidents

(a) | The Commission Security Directorate incorporates the Commission service responsible for health and safety at work concerning matters of safety and hygiene at work.
(b) | The internal emergency hotline is managed by the Commission Security Directorate. If required, the host country fire department and/or the emergency medical services will be alerted, following the emergency instructions in place.
(c) | When the Commission Security Directorate is informed of a safety incident such as a serious medical event, a fire, a gas leak, a breakdown of electricity, an inundation or severe structural problems with a Commission building, the Commission Security Directorate shall alert the personnel of the services occupying the building, as well as the technical service.
(d) | If required, the Commission Security Directorate is responsible for initiating the appropriate measures for the evacuation of persons present in Commission buildings.
(e) | If an incident involving a serious personal injury occurs, any member of personnel shall call the host country emergency medical services. The person calling the emergency services should immediately inform the Commission Security Directorate. The Commission Security Directorate shall ensure appropriate action is taken not to leave the Commission building unattended.4.12. Action to be taken in case of a demonstration outside Commission premises

(a) | In the event of a demonstration immediately outside Commission premises, the personnel at the reception and garage areas shall inform the Commission Security Directorate, who shall take protective measures and issue orders concerning the building’s security.
(b) | When there are indications that an attack is likely on Commission premises, the Commission Security Directorate shall issue specific orders to all concerned services and Commission staff. Depending upon the nature of the threat, the Commission Security Directorate shall take any necessary measures to address the problem and activate the measures laid down in the Commission Decision concerning detailed rules for the implementation of a system of security alert states.4.13. Breach of integrity of Commission’s premises

(a) | All persons authorised to be present in Commission premises are obliged to wear a visible service card or valid access pass. All persons without such a service card or valid access pass may be obliged to leave Commission premises immediately upon request by the personnel in charge of access control or by an official duly identified from the Commission Security Directorate.
(b) | Where persons are trying to obtain unlawful access to Commission premises, Commission officials shall first take care to close offices, safes and locks, provided that their own physical protection is not at risk. They shall immediately report the incident to the Commission Security Directorate. Where the Commission Security Directorate receives information on these incidents it shall issue instructions on the course of action to be taken and the appropriate services to be alerted.
(c) | The Commission Security Directorate shall take any necessary measures to address the problem and activate the measures laid down in Commission Decision concerning detailed rules for the implementation of a system of security alert states.4.14. Presence of suspected persons in Commission’s premises

(a) | In order to maintain acceptable security protection for persons working in Commission premises and for Commission property, all members of Commission staff must report any person showing erratic or suspicious behaviour. Commission staff has a duty to report these persons to the Commission Security Directorate.
(b) | The Commission Security Directorate shall immediately be informed of all suspicious or unauthorised persons in Commission sites. The Commission Security Directorate shall at all times, and without delay, issue instructions on the course of action to be taken and the appropriate services to be alerted.4.15. Bomb threat

(a) | If a person working in the Commission’s premises receives a bomb threat, that person shall immediately inform the Commission Security Directorate. The Commission Security Directorate shall try to obtain as much information as possible from the person calling or from the message received.
(b) | The Commission Security Directorate shall issue instructions on the course of action to be taken and the appropriate services to be alerted at all times of day or night including evacuation where appropriate.4.16. Discovery of a suspect parcel or other object

(a) | Any Commission official or member of the personnel on duty shall immediately inform the Commission Security Directorate of the discovery of a suspect parcel or other object. When a suspected parcel or other suspected object is discovered, an appropriate security perimeter shall be installed around it, either by the Commission Security Directorate or the local Commission service responsible for health and safety at work. No person shall touch or tamper with the suspect parcel or other object. Use of wireless means of communication shall be forbidden in the vicinity of the place of the incident. The Commission Security Directorate shall operate in close cooperation with the local Commission service responsible for health and safety at work in the interventions described above.
(b) | After evaluating the threat and the circumstances, the Commission Security Directorate shall contact the local Commission service responsible for health and safety at work and the competent national authorities. The Commission Security Directorate shall be responsible for the coordination of actions with other Commission or host nation services.4.17. Securing of evidence
In case of a misdemeanour or any offence inside Commission premises, witnesses of the events must contact the Commission Security Directorate which will take the appropriate measures. Witnesses must not tamper with any evidence.

Introduction

Appendix 2BSTANDARD SECURITY MEASURES APPLICABLE IN THE PREMISES OF THE EUROPEAN COMMISSION SITUATED IN COUNTRIES OTHER THAN THOSE INCLUDED IN APPENDIX 2A.Outside the European Union, the standard security measures and their detailed instructions are implemented under the authority of the Head of the European Commission EC Delegation. The External Relations Director-General keeps the Director of the Commission Security Directorate informed at all times.
When an EC Delegation is hosted in the diplomatic compound of a Member State or an International organisation, security rules at least equivalent to those in the present Decision are laid down in a Memorandum of Understanding between the European Commission and the Member State, host country or organisation.
1. Terms of application:These standard security measures are generally applicable. They provide for a level of security commensurate with the situation where there is no elevated level of threat. This situation will be identified by the colour code ‘WHITE’. They form the basis of the security measures applied in Commission premises.
If necessary, these standard security measures shall be adapted according to specific local situations.
2. Communications outside the EC Delegation
(a) | The Head of the EC Delegation shall on a regular basis and if possible establish and maintain contacts in the field of security with the appropriate host country authorities. If and when necessary, coordination meetings shall be organised.
(b) | The Head of the EC Delegation shall establish contact points with the other Member States embassies for the routine exchange of information of mutual interest especially in relation to security measures. If and when necessary, coordination meetings shall be organised.
(c) | When necessary, such contacts might also be established with International Organisations on site.3. Communications inside the EC DelegationThe Head of the EC Delegation, shall brief all new staff, including temporary staff, seconded national experts and contract agents on the standard security measures applicable to EC Delegation premises. Awareness-training will emphasise at least the individual responsibility of Commission officials in the following areas: access to Commission buildings, visitors, rules governing the organisation of meetings, the use of the mail system, the use of e-mail, the security aspects of telephone communications and the handling and use of EU classified information.
4. Physical protection/access control4.1. Principles of access control

(a) | Entry to EC Delegation premises shall be on a strictly ‘need to access’ basis. The Head of the EC Delegation, in close cooperation with the External Service Directorate General shall establish the operational principles by which access to buildings of the EC Delegation shall be controlled.
(b) | All persons entering an EC Delegation building shall have a valid Commission access pass issued by the Commission Security Directorate or a valid access pass issued by the Head of the EC Delegation according to norms and standards to be established by the Security Directorate. All persons entering Commission buildings shall be obliged to comply with any security instructions given by the Head of the EC Delegation.
(c) | The valid access pass shall at all times be clearly displayed by all persons inside EC Delegation buildings and premises.4.2. Valid access passes

(a) | Service cards shall be issued to Commission officials i.e. persons covered by the Staff Regulations of Officials of the European Communities or by the Conditions of employment of other servants of the European Communities and seconded national experts, and when deemed necessary also to staff of other institutions, agencies and other bodies housed in EC Delegation premises.
(b) | Access cardsshall be issued to all other personnel requiring access to the EC Delegation buildings to fulfil contractual obligations with the Commission services. Cards for personnel with a contract limited in time shall not extend beyond this time-limit. The period of validity of an access card shall never extend beyond the end of the current year.
(c) | Laissez-passer passesshall be issued by the Head of the EC Delegation for legitimate reasons justifying access to the EC Delegation’s building.
(d) | Visitors’ access passes or contractor visitors’ access passesshall be issued temporarily to visitors at the reception point to EC Delegation buildings upon verification of a bona fide identification.
(e) | Family members of EC Delegation officialsrequesting access to the administrative areas shall be treated as visitors.
(f) | Only holders of aservice cardmay invite visitors to EC Delegation buildings.
(g) | Service cards and access passes remain Commission property and shall be handed back to the Head of the EC Delegation upon its request. The services having issued valid access passes shall ensure that the pass is returned either at the end of the contract or if the basis upon which the pass was issued is no longer valid.4.3. Type of visitors to Commission premises

(a) | Individual visitorsto EC Delegation administrative areas shall be accompanied by a person holding a Commission service card. Administrative areas are those parts of the EC Delegation premises that are not of general interest and concern the functioning of the EC Delegation. Visitors shall be met in the reception area and, at the end of the visit, shall be accompanied back to this area. Individual visitors shall not be allowed to move unaccompanied within EC Delegation premises.
(b) | For participating visitors to meetings and social events,the Head of EC Delegation shall establish at the reception area where the event is to take place the necessary means for the issue of the specific meeting and events participant visitor badges. These must be visibly displayed by the participant during his presence in the EC Delegation building where the event takes place.
(c) | Contractor visitorsshall be allowed access only for a specified reason and will receive a temporary pass after verification of a bona fide identification. The procedures regulating access and registration of visitors shall be complied with before all access to EC Delegation buildings.
(d) | Control over access shall be performed at all times, even, if possible, in the case of the evacuation of a building or an emergency situation.
(e) | The opening hours of the EC Delegation are fixed by the Head of EC Delegation. Outside the opening hours referred to above, and including weekends and holidays, persons holding a Commission service card, and accessing the EC Delegation, shall make an entry into the registry provided at the reception of the building.
(f) | All visitors shall be registered at the reception of the EC Delegation. They shall provide, in addition to entering their identification into the registry, a valid authorisation granting access to the EC Delegation.
(g) | Contractors making a delivery to an EC Delegation building shall present a goods manifest detailing the reason for making the delivery. Any infringement of this procedure shall immediately be notified to the External Service Directorate General.
(h) | Visitors to Commission buildings and their personal belongings may be subjected to technical controls such as searches and luggage inspections.4.4. VIP visits
The Head of the EC Delegation shall be responsible for the security arrangements for all official visits that take place to EC Delegation premises or associated areas.
4.5. Restricted access to EC Delegation buildings

(a) | Access to EC Delegation premises is regulated by:—the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961,—the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives,—the establishment agreements concluded by the European Commission with the third countries. | — | the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961, | — | the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives, | — | the establishment agreements concluded by the European Commission with the third countries.
— | the Vienna Convention on diplomatic relations and optional protocols done on 18 April 1961,
— | the Treaty establishing the European Economic Community, and in particular provisions adopted on the basis of Article 218 thereof, and the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 1 and 19 thereof, and by Commission Decision C (1998) 2528/1 of 12 August 1998 on the appointment of the authority in charge of lifting the inviolability of Commission premises, buildings and archives,
— | the establishment agreements concluded by the European Commission with the third countries.
(b) | Detailed questions of access for host countries may be laid down in specific agreements which state that, unless the Head of the EC Delegation refuse access, host country emergency services may enter EC Delegation buildings in case of immediate danger to security or the health of personnel requiring immediate intervention. The External Relations Director-General shall be immediately informed of these interventions.Host country police services do not have right of access to EC Delegation premises buildings, except upon request to the Head of EC Delegation. If access is granted, personnel from the EC Delegation shall assist the police if and when necessary.
(c) | Armed persons shall not enter or move about an EC Delegation building except by previous written agreement with the Head of EC Delegation.
(d) | No animals are allowed in EC Delegation buildings except for dogs to be used for checks of EC Delegation premises, patrol dogs used for the security, guide dogs for the blind and hearing dogs.
(e) | Except for service requirements, no photography, filming or audio recording is allowed inside EC Delegation buildings without the prior consent of the Head of EC Delegation.4.6. Access to garages or parking areas

(a) | Only drivers in possession of a valid vehicle access pass and a valid service card, access card or laissez passer may introduce a car into EC Delegation garages or parking areas. All other passengers in the car shall have a valid access pass to the EC Delegation buildings. Service and access cards shall be shown on request.
(b) | All vehicles requesting access to EC Delegation garages or parking areas, except for duly marked Commission service vehicles, shall have a valid vehicle access pass to be clearly displayed not only upon entry into the building but also during the stay in the garage or parking area.
(c) | A Commission official requesting vehicle access shall only be given one vehicle access pass. This pass shall be handed in by the official if a new one is to be issued. No new pass shall be issued unless the old one is returned. If the pass is lost or stolen, a formal statement to the Head of EC Delegation shall be made.
(d) | Access to garages or parking areas of the EC Delegation may be refused for security reasons by the Head of EC Delegation.
(e) | Urgent and specific measures may be taken concerning security or safety regarding all vehicles parked in the garages, parking areas or the immediate surrounding area of EC Delegation premises.4.7. Mail and parcel delivery

(a) | Except for diplomatic pouch, all incoming external mail including parcels shall, when unusual or suspect, undergo further security checks.
(b) | Except for cases notified to, and approved by, the Head of EC Delegation, no hand-delivered external mail item shall be presented directly to an addressee in the EC Delegation.4.8. Valuable items
EC Delegation staff entrusted with Commission property shall take all appropriate precautions to ensure proper use and storage of this property and to avoid damage, loss or unauthorised access.
4.9. Security in the surroundings of EC Delegation premises

(a) | Any person working in an EC Delegation building shall report persons observing or trying to enter clandestinely EC Delegation buildings. They shall immediately report any suspect vehicles, objects or persons that are found next or near to EC Delegation buildings to the Head of an EC Delegation.
(b) | Before leaving EC Delegation premises at night, before weekends and holidays, particular efforts shall be made by all persons working in EC Delegation premises to check that windows are shut and, if applicable, doors are closed and lights are extinguished.
(c) | When the External Relations Director-General receives information relating to any events with potential security implication or incidents happening outside or near an EC Delegation building, he shall immediately inform the Head of EC Delegation who shall immediately take the necessary security measures in order to avoid any unauthorised access by either persons or vehicles. If necessary, he shall contact the appropriate host nation authority.4.10. Security inside EC delegations premises
The Head of EC Delegation shall define the standards to be respected in the security arrangements, tasks and instructions applicable to all persons in EC Delegation buildings or surrounding areas.
4.11. Actions to be taken by the Head of EC Delegation in the event of safety incidents

(a) | If an incident involving a serious personal injury is reported, any member of personnel shall call the local emergency medical services.
(b) | Appropriate action shall be undertaken in order not to leave the EC Delegation building unattended.4.12. Action to be taken in case of a demonstration outside EC Delegation premises

(a) | In the event of a demonstration in the immediate surroundings of EC Delegation premises, the personnel at the reception and garage areas shall inform the Head of EC Delegation, who shall take protective measures and issue orders concerning the building’s security.
(b) | When there are indications that an attack is likely on EC Delegation premises, the Head of EC Delegation shall issue specific orders to all concerned services and EC Delegation staff and immediately inform the External Relations Directorate-General, who will inform the Director of the Commission Security Directorate. Depending upon the nature of the threat, appropriate measures shall be taken.4.13. Breach of integrity of EC Delegation premises

(a) | All persons authorised to be present in EC Delegation premises are obliged to wear a visible valid access pass or service card. All persons without such a valid access pass or service card may be obliged to leave the EC Delegation premises immediately upon request by the personnel in charge of access control or by an official duly identified by the Head of an EC Delegation.
(b) | Where persons are trying to obtain unlawful access to EC Delegation premises, EC Delegation officials should first take care to close offices, safes and locks, provided their own physical protection is not at risk. They shall immediately inform the External Relations Director-General and seek instructions on the course of action to be taken and the appropriate services to be alerted.
(c) | The External Relations Director-General shall take the appropriate measures in cooperation with the Director of the Commission Security Directorate to resolve the problem. He may contact the appropriate host country authorities to seek their assistance, including the police forces.4.14. Presence of suspect individuals in EC Delegation premises

(a) | In order to maintain acceptable security protection for persons working in EC Delegation premises and for Commission property, all members of EC Delegation must report any person showing erratic or suspicious behaviour. EC Delegation staff has a duty to report these persons to the Head of the EC Delegation.
(b) | The Head of EC Delegation shall immediately be informed of all suspicious or unauthorised intrusions into Commission buildings. The External Relations Director-General shall at all times, and without delay, issue instructions on the course of action to be taken and the appropriate services to be alerted.4.15. Bomb threat

(a) | If a person working in a EC Delegation receives a bomb threat, that person shall immediately inform the External Relations Director-General. This person shall try to obtain as much information as possible from the person calling or from the message received.
(b) | The External Relations Director-General shall issue instructions on the course of action to be taken and, without delay, inform the Member of the Commission responsible for External Relations who will in turn inform the Member of the Commission responsible for security matters.
(c) | Acting on the request of the competent host country’s authorities (i.e. the emergency services), the Head of EC Delegation may decide to evacuate the EC Delegation building. The External Relations Director-General shall be kept fully informed.4.16. Discovery of a suspect parcel or other object

(a) | Any EC Delegation official or member of the personnel on duty shall immediately inform the Head of EC Delegation of the discovery of a suspect parcel or other object. When a suspected parcel or other suspect object is discovered, an appropriate security perimeter shall be installed around it. No person shall touch or tamper with the suspect parcel or other object. Use of wireless means of communication shall be forbidden in the vicinity of the place of the incident.
(b) | After evaluating the threat and the circumstances, the Head of EC Delegation shall contact the appropriate host country authorities.4.17. Securing of evidence
In case of a misdemeanour or any offence inside EC Delegation premises, witnesses of the events must contact the Head of EC Delegation who will take the appropriate measures. Witnesses must not tamper with any evidence.

Pending: 32007D0060

6.2.2007 EN Official Journal of the European Union L 32/88
(1) Regulation (EC) No 58/2003 confers on the Commission the power to decide to set up executive agencies in accordance with the statute established by that Regulation and to give them responsibility for certain tasks relating to the management of one or more Community programmes or actions.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the executive agencies.
(3) The management of Community action in the field of the trans-European transport network concerns the implementation of projects which do not involve political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) Tasks relating to the implementation of such Community action may be delegated to an executive agency with a clear separation between programming, the establishment of priorities and programme evaluation, for which the Commission will be responsible, and the implementation of the projects, which will be entrusted to the executive agency.
(5) Cost/benefit analysis carried out for this purpose has shown that the setting-up of an executive agency would make it possible to improve the effectiveness of the implementation of the trans-European transport network at a lower cost. In view of the characteristics inherent in the trans-European transport network, the stress must be on the delegation of technical tasks, the main aim being to strengthen the links between the trans-European transport network and the communities of experts.
(6) The agency must mobilise a high level of expertise in accordance with the objectives defined by the Commission, and under its supervision. The setting up of the agency must also make it possible to optimise the implementation of the trans-European transport network by making it easier to recruit staff specialised in matters relating to the trans-European transport network.
(7) The setting-up of the agency must increase flexibility in the implementation of Community action in the field of the trans-European transport network. The agency's annual work programme must enable it in particular to contribute to the achievement of the annual priorities for the implementation of the trans-European transport network, as planned and agreed by the Commission. The agency must also ensure better coordination of funds with other Community instruments.
(8) Management based on the results obtained by the agency, with the establishment of the necessary procedures and supervision and coordination circuits, must enable the Commission to simplify the arrangements for the implementation of the trans-European transport network. The Commission will be able to capitalise on the technical work carried out by the agency by developing in parallel, in an appropriate manner, tasks which involve making policy judgments.
(9) Cooperation between the agency and the Commission and the accomplishment of its specific tasks must make it possible to raise the profile of Community action in the field of the trans-European transport network.
(10) The measures provided for in this Decision are consistent with the opinion of the Committee of the Executive Agencies,
(a) management of the preparatory, funding and monitoring phases of the financial assistance granted to projects of common interest under the budget for the trans-European transport network, as well as the supervision required for this purpose, by taking relevant decisions where the Commission has delegated responsibility for it to do so;
(b) coordination with other Community instruments by ensuring better coordination of assistance, over the entire route, for priority projects which also receive funding under the Structural Funds, the Cohesion Fund and from the European Investment Bank;
(c) technical assistance to project promoters regarding the financial engineering for projects and the development of common evaluation methods;
(d) adoption of the budget implementation instruments for income and expenditure and implementation, where the Commission has delegated responsibility to it, of all operations required for the management of Community actions in the field of the trans-European transport network, as provided for in Council Regulation (EC) No 2236/95, in particular those relating to the award of contracts and grants(3);
(e) the collection, analysis and transmission to the Commission of all information required for the implementation of the trans-European transport network;
(f) any technical and administrative support requested by the Commission.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 58/2003 of the Council of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community policies(1), and in particular Article (3)(1) thereof,
(1) Regulation (EC) No 58/2003 confers on the Commission the power to decide to set up executive agencies in accordance with the statute established by that Regulation and to give them responsibility for certain tasks relating to the management of one or more Community programmes or actions.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the executive agencies.
(3) The management of Community action in the field of the trans-European transport network concerns the implementation of projects which do not involve political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) Tasks relating to the implementation of such Community action may be delegated to an executive agency with a clear separation between programming, the establishment of priorities and programme evaluation, for which the Commission will be responsible, and the implementation of the projects, which will be entrusted to the executive agency.
(5) Cost/benefit analysis carried out for this purpose has shown that the setting-up of an executive agency would make it possible to improve the effectiveness of the implementation of the trans-European transport network at a lower cost. In view of the characteristics inherent in the trans-European transport network, the stress must be on the delegation of technical tasks, the main aim being to strengthen the links between the trans-European transport network and the communities of experts.
(6) The agency must mobilise a high level of expertise in accordance with the objectives defined by the Commission, and under its supervision. The setting up of the agency must also make it possible to optimise the implementation of the trans-European transport network by making it easier to recruit staff specialised in matters relating to the trans-European transport network.
(7) The setting-up of the agency must increase flexibility in the implementation of Community action in the field of the trans-European transport network. The agency’s annual work programme must enable it in particular to contribute to the achievement of the annual priorities for the implementation of the trans-European transport network, as planned and agreed by the Commission. The agency must also ensure better coordination of funds with other Community instruments.
(8) Management based on the results obtained by the agency, with the establishment of the necessary procedures and supervision and coordination circuits, must enable the Commission to simplify the arrangements for the implementation of the trans-European transport network. The Commission will be able to capitalise on the technical work carried out by the agency by developing in parallel, in an appropriate manner, tasks which involve making policy judgments.
(9) Cooperation between the agency and the Commission and the accomplishment of its specific tasks must make it possible to raise the profile of Community action in the field of the trans-European transport network.
(10) The measures provided for in this Decision are consistent with the opinion of the Committee of the Executive Agencies,
HAS DECIDED AS FOLLOWS:

Setting up the agency
Article 1
1. An executive agency (hereinafter ‘the Agency’) is hereby set up for the management of Community action in the field of the trans-European transport network, the status of which is governed by Regulation (EC) No 58/2003.
2. The Agency shall be known as the ‘Trans-European Transport Network Executive Agency’.

Location
Article 2
The Agency shall be located in Brussels.

Duration
Article 3
The Agency shall be set up for a period starting on 1 November 2006 and ending on 31 December 2008.

Objectives and tasks
Article 4
1. The Agency shall be responsible, in the framework of Community action in the field of the trans-European transport network, for the implementation of tasks concerning the granting of Community financial aid pursuant to Regulation No 2236/95 of the Council(2), excluding programming, the establishment of priorities, programme evaluation, the adoption of financing decisions and legislative monitoring. It shall be responsible in particular for the following tasks:
(a)
management of the preparatory, funding and monitoring phases of the financial assistance granted to projects of common interest under the budget for the trans-European transport network, as well as the supervision required for this purpose, by taking relevant decisions where the Commission has delegated responsibility for it to do so;
(b)
coordination with other Community instruments by ensuring better coordination of assistance, over the entire route, for priority projects which also receive funding under the Structural Funds, the Cohesion Fund and from the European Investment Bank;
(c)
technical assistance to project promoters regarding the financial engineering for projects and the development of common evaluation methods;
(d)
adoption of the budget implementation instruments for income and expenditure and implementation, where the Commission has delegated responsibility to it, of all operations required for the management of Community actions in the field of the trans-European transport network, as provided for in Council Regulation (EC) No 2236/95, in particular those relating to the award of contracts and grants(3);
(e)
the collection, analysis and transmission to the Commission of all information required for the implementation of the trans-European transport network;
(f)
any technical and administrative support requested by the Commission.
2. Implementation of the tasks provided for in paragraph 1(b) shall not affect the responsibilities of the authorities managing operational programmes co-financed by the Structural Funds or the Cohesion Fund as regards the selection or implementation of projects which are part of the trans-European transport network or the financial responsibility of the Member States in the framework of shared management of these programmes.
3. In addition to the tasks referred to in paragraph 1 above, the Agency may be instructed by the Commission, after the Committee for Executive Agencies has delivered an opinion, to carry out tasks of the same kind in the framework of other Community programmes or actions, within the meaning of Article 2 of Regulation (EC) No 58/2003, provided that such programmes or actions remain within the limits of Community action in the field of the trans-European transport network.
4. The Commission’s decision delegating responsibility shall define the details of all the tasks entrusted to the Agency, and shall be adjusted in line with additional tasks which may be entrusted to the Agency. It shall be transmitted, for information, to the Committee for Executive Agencies.

Organisational structure
Article 5
1. The Agency shall be managed by a steering committee and a director appointed by the Commission.
2. The members of the steering committee shall be nominated for the period stated in Article 3.
3. The director of the Agency shall be appointed for the period stated in Article 3..

Subsidy
Article 6
The Agency shall receive a subsidy entered in the general budget of the European Communities and taken from the financial allocation for Community action in the field of the trans-European transport network and, where appropriate, other Community programmes or actions whose implementation is entrusted to the Agency pursuant to Article 4(3).

Supervision and reporting requirement
Article 7
The Agency shall be under the supervision of the Commission and shall provide regular reports on the implementation of the Community action in the field of the trans-European transport network which is entrusted to it, in accordance with the detailed arrangements and at the intervals specified in the decision delegating responsibility.

Implementation of the operating budget
Article 8
The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(4).

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 58/2003 of the Council of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community policies(1), and in particular Article (3)(1) thereof,
(1) Regulation (EC) No 58/2003 confers on the Commission the power to decide to set up executive agencies in accordance with the statute established by that Regulation and to give them responsibility for certain tasks relating to the management of one or more Community programmes or actions.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the executive agencies.
(3) The management of Community action in the field of the trans-European transport network concerns the implementation of projects which do not involve political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) Tasks relating to the implementation of such Community action may be delegated to an executive agency with a clear separation between programming, the establishment of priorities and programme evaluation, for which the Commission will be responsible, and the implementation of the projects, which will be entrusted to the executive agency.
(5) Cost/benefit analysis carried out for this purpose has shown that the setting-up of an executive agency would make it possible to improve the effectiveness of the implementation of the trans-European transport network at a lower cost. In view of the characteristics inherent in the trans-European transport network, the stress must be on the delegation of technical tasks, the main aim being to strengthen the links between the trans-European transport network and the communities of experts.
(6) The agency must mobilise a high level of expertise in accordance with the objectives defined by the Commission, and under its supervision. The setting up of the agency must also make it possible to optimise the implementation of the trans-European transport network by making it easier to recruit staff specialised in matters relating to the trans-European transport network.
(7) The setting-up of the agency must increase flexibility in the implementation of Community action in the field of the trans-European transport network. The agency’s annual work programme must enable it in particular to contribute to the achievement of the annual priorities for the implementation of the trans-European transport network, as planned and agreed by the Commission. The agency must also ensure better coordination of funds with other Community instruments.
(8) Management based on the results obtained by the agency, with the establishment of the necessary procedures and supervision and coordination circuits, must enable the Commission to simplify the arrangements for the implementation of the trans-European transport network. The Commission will be able to capitalise on the technical work carried out by the agency by developing in parallel, in an appropriate manner, tasks which involve making policy judgments.
(9) Cooperation between the agency and the Commission and the accomplishment of its specific tasks must make it possible to raise the profile of Community action in the field of the trans-European transport network.
(10) The measures provided for in this Decision are consistent with the opinion of the Committee of the Executive Agencies,
HAS DECIDED AS FOLLOWS:

Setting up the agency

1. An executive agency (hereinafter ‘the Agency’) is hereby set up for the management of Community action in the field of the trans-European transport network, the status of which is governed by Regulation (EC) No 58/2003.
2. The Agency shall be known as the ‘Trans-European Transport Network Executive Agency’.

Location

The Agency shall be located in Brussels.

Duration

The Agency shall be set up for a period starting on 1 November 2006 and ending on 31 December 2008.

Objectives and tasks

1. The Agency shall be responsible, in the framework of Community action in the field of the trans-European transport network, for the implementation of tasks concerning the granting of Community financial aid pursuant to Regulation No 2236/95 of the Council(2), excluding programming, the establishment of priorities, programme evaluation, the adoption of financing decisions and legislative monitoring. It shall be responsible in particular for the following tasks:
(a)
management of the preparatory, funding and monitoring phases of the financial assistance granted to projects of common interest under the budget for the trans-European transport network, as well as the supervision required for this purpose, by taking relevant decisions where the Commission has delegated responsibility for it to do so;
(b)
coordination with other Community instruments by ensuring better coordination of assistance, over the entire route, for priority projects which also receive funding under the Structural Funds, the Cohesion Fund and from the European Investment Bank;
(c)
technical assistance to project promoters regarding the financial engineering for projects and the development of common evaluation methods;
(d)
adoption of the budget implementation instruments for income and expenditure and implementation, where the Commission has delegated responsibility to it, of all operations required for the management of Community actions in the field of the trans-European transport network, as provided for in Council Regulation (EC) No 2236/95, in particular those relating to the award of contracts and grants(3);
(e)
the collection, analysis and transmission to the Commission of all information required for the implementation of the trans-European transport network;
(f)
any technical and administrative support requested by the Commission.
2. Implementation of the tasks provided for in paragraph 1(b) shall not affect the responsibilities of the authorities managing operational programmes co-financed by the Structural Funds or the Cohesion Fund as regards the selection or implementation of projects which are part of the trans-European transport network or the financial responsibility of the Member States in the framework of shared management of these programmes.
3. In addition to the tasks referred to in paragraph 1 above, the Agency may be instructed by the Commission, after the Committee for Executive Agencies has delivered an opinion, to carry out tasks of the same kind in the framework of other Community programmes or actions, within the meaning of Article 2 of Regulation (EC) No 58/2003, provided that such programmes or actions remain within the limits of Community action in the field of the trans-European transport network.
4. The Commission’s decision delegating responsibility shall define the details of all the tasks entrusted to the Agency, and shall be adjusted in line with additional tasks which may be entrusted to the Agency. It shall be transmitted, for information, to the Committee for Executive Agencies.

Organisational structure

1. The Agency shall be managed by a steering committee and a director appointed by the Commission.
2. The members of the steering committee shall be nominated for the period stated in Article 3.
3. The director of the Agency shall be appointed for the period stated in Article 3..

Subsidy

The Agency shall receive a subsidy entered in the general budget of the European Communities and taken from the financial allocation for Community action in the field of the trans-European transport network and, where appropriate, other Community programmes or actions whose implementation is entrusted to the Agency pursuant to Article 4(3).

Supervision and reporting requirement

The Agency shall be under the supervision of the Commission and shall provide regular reports on the implementation of the Community action in the field of the trans-European transport network which is entrusted to it, in accordance with the detailed arrangements and at the intervals specified in the decision delegating responsibility.

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(4).

Pending: 32007D0027

13.1.2007 EN Official Journal of the European Union L 8/45
(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(1)lays down general rules for food business operators on the hygiene of foodstuffs, based on hazard analysis and critical control points principles. It provides that food business operators are to comply with the structural requirements based on those principles. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2)supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulation (EC) No 853/2004 include specific requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.
(2) Romania is due to accede to the Community on 1 January 2007. In preparation for that accession, milk processing establishments are undergoing the necessary structural improvements in order to comply with the structural requirements laid down in Regulation (EC) No 852/2004. Since 2004 the number of establishments in compliance with Community structural requirements has increased from 12 to 123.
(3) However, the proportion of raw milk that complies with the hygiene requirements, laid down in Regulation (EC) No 853/2004, delivered to milk processing establishments that comply with the structural requirements of Regulation (EC) No 852/2004 has only increased slightly. In 2005 out of the total production of 5,6 Mio t raw cow milk per year, 0,38 Mio t compliant raw milk was delivered to milk processing establishments.
(4) Taking into account the current situation, it is appropriate to provide for transitional measures as regards the organisation of the milk sector in Romania.
(5) In this respect, Annex VII, Chapter 5, Subsection I, point (c) of the Act of Accession of Bulgaria and Romania, authorises temporarily certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 to receive deliveries of raw milk that does not comply with the relevant hygiene requirements laid down in Regulation (EC) No 853/2004 (‘non-compliant milk’).
(6) Milk production holdings that do not comply with the hygiene requirements set out in Regulation (EC) No 853/2004 and milk processing establishments that do comply with the structural requirements set out in Regulation (EC) No 852/2004 are spread over the whole territory of Romania. Accordingly, certain of the compliant establishments receive raw milk that complies with the relevant hygiene requirements set out in Regulation (EC) No 853/2004 (‘compliant milk’) as well as non-compliant milk. Therefore, the marketing of final products from the compliant establishments should be restricted to Romania. In addition, a list of those compliant establishments should be set out in this Decision.
(7) Furthermore, certain compliant establishments intend to process separately compliant and non-compliant milk. It is therefore necessary to establish the conditions as regards the collection and treatment of such milk and the marketing of the final products thereof. A list of those compliant establishments processing those two types of milk should also be set out in this Decision.
(8) The transitional period granted should be limited to 18 months. The situation of the milk sector in Romania is to be reviewed before the end of that period. Accordingly, it is appropriate that Romania submit annual reports to the Commission regarding progress in the upgrading of milk production holdings supplying raw milk to compliant establishments.
(9) The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,
(a) only be placed on the domestic market or used for further processing in other compliant establishments listed in Chapter I of the Annex, irrespective of the date of marketing;
(b) bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.
(a) comply with Article 5 of Regulation (EC) No 852/2004;
(b) demonstrate their capacity to comply with the following conditions, including designating the separate production lines:(i)to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;(ii)to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;(iii)to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;(iv)to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently. (i) to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk; (ii) to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced; (iii) to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds; (iv) to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.
(i) to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;
(ii) to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;
(iii) to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;
(iv) to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.
(i) to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;
(ii) to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;
(iii) to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;
(iv) to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.
(a) ensure that food business operators of compliant establishments listed in Chapter II of the Annex take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk and dairy products;
(b) conduct tests and unannounced controls in compliant establishments listed in Chapter II of the Annex relating to their observance of raw milk and dairy products separation;
(c) conduct tests in approved laboratories on all raw milk and finished products from compliant establishments listed in Chapter II of the Annex to this Decision to verify their compliance with the requirements of Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004, including the microbiological criteria for dairy products.
1 AR 473 SC Octavian Impex SRL Dezna, County of Arad, 317110
2 BT 17 SC Spicul 2 SRL Dorohoi, County of Botosani, 715200
3 BT 176 SC Lacto Solomonescu SRL Miron Costin, County of Botosani, 717466
4 BR 24 S.C. Lacta Prod SRL Braila, County of Braila, 810224
5 CJ 7879 SC Comlact SRL Corusu, County of Cluj, 407056
6 DB 59 SC Industrializarea Laptelui SA Targoviste, County of Dambovita, 130062
7 NT 241 SC Pro Com Pascal SRL Pastraveni, County of Neamt, 617300
8 NT 556 SC Stefanos SRL Trifesti, County of Neamt, 617475
9 SB 237 SC Carpalat SRL Mandra, County of Sibiu, 557124
10 SB 298 SC Gefa Impex SRL Talmaciu, County of Sibiu, 555700
11 L 56 SC Camy Lact SRL Panaci-Vatra Dornei, County of Suceava, 727405
12 VN 25 SC Vitaprod SRL Dumitresti, County of Vrancea, 727110
13 BC 4826 S.C. Marlact SRL Buhoci, County of Bacau, 607085
14 BH 4646 SC Abacus Trade SRL Toboliu, County of Bihor, 417273
15 BH 2980 SC Cîmpaneii Prest SRL Mierlău, County of Bihor, 417277
16 BT 342 SC Indagrovet SRL Coțușca, County of Botosani, 717090
17 BT 240 SC Geny Com SRL Vf. Câmpului, County of Botosani, 717450
18 BT 205 SC Cicos SRL George Enescu, County of Botosani, 717170
19 BR 215 S.C. Android Trading SRL Maxineni, County of Braila, 817090
20 BZ 0627 SC Ianis Cos Lact SRL C.A. Rosetti, County of Buzau, 127120
21 BZ 0298 SC Camen Tas SRL Smeeni, County of Buzau, 127595
22 CJ 4185 SC Bonas Import Export SRL Dezmir, County of Cluj, 407039
23 CV 56 SC Milk COM SRL Saramas, County of Covasna, 527012
24 CV 690 SC Mark SRL Brates, County of Covasna, 527050
25 CV 234 SC Zugo SRL Belin, County of Covasna, 527030
26 HR 383 S.C. Lactate Harghita SA Cristuru Secuiesc, County of Harghita, 535400
27 HR 70 S.C. Primulact SRL Miercurea Ciuc, County of Harghita, 530242
28 NT 607 S.C. D. A Secuieni Secuieni, County of Neamt, 617405
29 OT 2836 SC Bourella Maris SRL Babiciu, County of Olt, 237015
30 PH 6448 SC Rusara Prodcom SRL Valea Calugareasca, County of Prahova, 107620
31 PH 212 S.C. Vitoro SRL Ploiesti, County of Prahova, 100537
32 PH 6067 S.C. Zoe Gab SRL Fulga, County of Prahova, 107260
33 SJ 52 SC Sanolact Maeriste, County of Salaj, 457235
34 SV 4162 SC Malinul SRL Malini, County of Suceava, 727350
35 SV 5355 SC Lacto Zaharia Frumosu, County of Suceava, 727260
36 SV 6394 SC Martin's European Food Products Comimpex SRL Bosanci, County of Suceava, 727045
37 TL 1328 SC Izacos Lact SRL Topolog, County of Tulcea, 827220
38 VN 35 SC Monaco SRL Vrâncioaia, County of Vrancea, 627445
39 AG 6 SC Bradet SRL Bradulet, County of Arges, 117145
40 L 57 SC Hochland Romania SRL Sovata, County of Mures, 545500
41 AG 4 S.C. Dincudana SRL Bradu, County of Arges, 117148
42 BH 1705 SC Dorlact SRL Beznea, County of Bihor, 417081
43 CS 116 SC Fabrica de Produse Lactate Oravita, County of Caras Severin, 325600
44 NT 900 S.C. Complex Agroalimentar SRL Bicaz, County of Neamt, 615100
45 TL 965 SC Mineri SRL Mineri, County of Tulcea, 827211
46 CJ 41 SC Kazal SRL Dej, County of Cluj, 405200
47 L 40 SC Napolact SA Huedin, County of Cluj, 405400
48 SM 3876 S.C. Schwaben Molkerei Carei, County of Satu Mare, 445100
1 AB 3508 SC Unichim Romania SRL Unirea, County of Alba, 517785
2 L 81 SC Raraul SA Campulung Moldovenesc, County of Suceava, 725100
3 AG 5 S.C. Lactag SA Fabrica Costesti Costesti, County of Arges, 115200
4 BC 6100 SC Depcoinf MBD SRL Targu Trotus, County of Bacau, 607630
5 BT 60 SC Five Continents Group SRL Rachiti, County of Botosani, 717310
6 BR 65 S.C. Brailact SRL Braila, County of Braila, 810224
7 L 35 S.C.Danone PDPA Romania SRL Bucuresti, 032451
8 CT 30 SC Niculescu Prod SRL Cumpana, County of Constanta, 907105
9 CT 15 SC Nic Costi Trade SRL Dorobantu, County Constanta, 907211
10 L 9 SC Covalact SA Sfantu Gheorghe, County of Covasna, 520076
11 L 22 SC Dorna Lactate SA Dorna Candrenilor — Floreni, County of Suceava, 727190
12 L 53 S.C. Friesland România SA Carei, County of Satu Mare, 445100
13 TR 78 SC Interagro SRL Zimnicea, County of Teleorman, 145400
14 VS 2196 SC Ilvas SA Vaslui, County of Vaslui, 730040
15 SV 001 SC La Dorna Agri SA Dorna Candreni, County of Suceava, 727190
16 SV 6352 SC La Dorna Chesse SA Dorna Arini, County of Suceava, 727200
17 BH 5206 SC Prolacta SRL Copacel, County of Bihor, 417205
18 BZ 0098 SC Meridian Agroind Ramnicu Sarat, County of Buzau, 125300
19 CT 299 SC Nascu SRL Indepenta, County of Constanta, 907145
20 CT 294 SC Suflaria Import Export SRL Cheia, County of Constanta, 907277
21 MM 4758 SC Milk-Humana SRL Baia Mare, County of Maramures, 430306
22 MM 521 SC Oblaza SRL Birsana, County of Maramures, 437035
23 MM 725 SC Avi Seb Impex SRL Tirgu Lapus, County of Maramures, 435600
24 TL 855 SC Deltalact SA Tulcea, County of Tulcea, 820009
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,
(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(1)lays down general rules for food business operators on the hygiene of foodstuffs, based on hazard analysis and critical control points principles. It provides that food business operators are to comply with the structural requirements based on those principles. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2)supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulation (EC) No 853/2004 include specific requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.
(2) Romania is due to accede to the Community on 1 January 2007. In preparation for that accession, milk processing establishments are undergoing the necessary structural improvements in order to comply with the structural requirements laid down in Regulation (EC) No 852/2004. Since 2004 the number of establishments in compliance with Community structural requirements has increased from 12 to 123.
(3) However, the proportion of raw milk that complies with the hygiene requirements, laid down in Regulation (EC) No 853/2004, delivered to milk processing establishments that comply with the structural requirements of Regulation (EC) No 852/2004 has only increased slightly. In 2005 out of the total production of 5,6 Mio t raw cow milk per year, 0,38 Mio t compliant raw milk was delivered to milk processing establishments.
(4) Taking into account the current situation, it is appropriate to provide for transitional measures as regards the organisation of the milk sector in Romania.
(5) In this respect, Annex VII, Chapter 5, Subsection I, point (c) of the Act of Accession of Bulgaria and Romania, authorises temporarily certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 to receive deliveries of raw milk that does not comply with the relevant hygiene requirements laid down in Regulation (EC) No 853/2004 (‘non-compliant milk’).
(6) Milk production holdings that do not comply with the hygiene requirements set out in Regulation (EC) No 853/2004 and milk processing establishments that do comply with the structural requirements set out in Regulation (EC) No 852/2004 are spread over the whole territory of Romania. Accordingly, certain of the compliant establishments receive raw milk that complies with the relevant hygiene requirements set out in Regulation (EC) No 853/2004 (‘compliant milk’) as well as non-compliant milk. Therefore, the marketing of final products from the compliant establishments should be restricted to Romania. In addition, a list of those compliant establishments should be set out in this Decision.
(7) Furthermore, certain compliant establishments intend to process separately compliant and non-compliant milk. It is therefore necessary to establish the conditions as regards the collection and treatment of such milk and the marketing of the final products thereof. A list of those compliant establishments processing those two types of milk should also be set out in this Decision.
(8) The transitional period granted should be limited to 18 months. The situation of the milk sector in Romania is to be reviewed before the end of that period. Accordingly, it is appropriate that Romania submit annual reports to the Commission regarding progress in the upgrading of milk production holdings supplying raw milk to compliant establishments.
(9) The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Lists of compliant establishments
Article 1
Chapters I and II of the Annex to this Decision set out lists of milk processing establishments in Romania that comply with the structural requirements of Regulation (EC) No 852/2004, Annex II, Chapter II (‘compliant establishments’) and are authorized to receive and process raw milk which is not in compliance with Chapter I Part III, 3 and Chapter II Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (non-compliant milk).

Deliveries of non-compliant milk and processing in compliant establishments listed in Chapter I of the Annex
Article 2
1. The compliant establishments listed in Chapter I of the Annex to this Decision may receive and process non-compliant raw milk.
2. As long as the establishments referred to in paragraph (1) benefit from the provisions of that paragraph products originating from compliant establishments listed in Chapter I of the Annex shall:
(a)
only be placed on the domestic market or used for further processing in other compliant establishments listed in Chapter I of the Annex, irrespective of the date of marketing;
(b)
bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.

Deliveries of compliant and non-compliant milk and processing in compliant establishments listed in Chapter II of the Annex
Article 3
The compliant establishments listed in Chapter II of the Annex to this Decision may receive and process raw milk which complies with the requirements set out in Chapter I, Part III, 3 and Chapter II, Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (‘compliant milk’) and non-compliant milk on separate production lines provided that the food business operators of such establishments:
(a)
comply with Article 5 of Regulation (EC) No 852/2004;
(b)
demonstrate their capacity to comply with the following conditions, including designating the separate production lines:
(i)
to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;
(ii)
to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;
(iii)
to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;
(iv)
to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.

Duties of competent authorities in Romania concerning compliant establishments listed in Chapter II of the Annex
Article 4
1. The competent authorities in Romania shall:
(a)
ensure that food business operators of compliant establishments listed in Chapter II of the Annex take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk and dairy products;
(b)
conduct tests and unannounced controls in compliant establishments listed in Chapter II of the Annex relating to their observance of raw milk and dairy products separation;
(c)
conduct tests in approved laboratories on all raw milk and finished products from compliant establishments listed in Chapter II of the Annex to this Decision to verify their compliance with the requirements of Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004, including the microbiological criteria for dairy products.
2. The milk and dairy products originating in the compliant establishments listed in Chapter II of the Annex processed from non-compliant raw milk may only be placed on the domestic market or used for further processing in other such establishments or establishments listed in Chapter I and bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.
3. Only dairy products, produced in compliant milk establishments listed in Chapter II of the Annex to this Decision and complying with paragraphs 1 of this Article and the requirements of Annex III, Section IX of Regulation (EC) No 853/2004, may be marketed as compliant products complying with the provisions of that Regulation.

Compliance and reports
Article 5
1. Romania shall ensure the gradual compliance by the milk production holdings, referred to in Article 2(1) of this Decision, with the requirements Annex III, Section IX, Chapter I, parts II and III of Regulation (EC) No 853/2004.
2. Romania shall submit annual reports to the Commission on progress made in upgrading milk production holdings and the milk collection system.

Article 6
Milk and milk products produced under the provisions referred to in Articles 3 and 4 of the present Decision shall only be granted support under Title I, Chapters II and III, except Article 11 thereof, and Title II of Council Regulation (EC) No 1255/1999(3)if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.

Applicability
Article7
This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
It shall apply until 30 June 2008.

Addressees
Article 8
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,
(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(1)lays down general rules for food business operators on the hygiene of foodstuffs, based on hazard analysis and critical control points principles. It provides that food business operators are to comply with the structural requirements based on those principles. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2)supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulation (EC) No 853/2004 include specific requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.
(2) Romania is due to accede to the Community on 1 January 2007. In preparation for that accession, milk processing establishments are undergoing the necessary structural improvements in order to comply with the structural requirements laid down in Regulation (EC) No 852/2004. Since 2004 the number of establishments in compliance with Community structural requirements has increased from 12 to 123.
(3) However, the proportion of raw milk that complies with the hygiene requirements, laid down in Regulation (EC) No 853/2004, delivered to milk processing establishments that comply with the structural requirements of Regulation (EC) No 852/2004 has only increased slightly. In 2005 out of the total production of 5,6 Mio t raw cow milk per year, 0,38 Mio t compliant raw milk was delivered to milk processing establishments.
(4) Taking into account the current situation, it is appropriate to provide for transitional measures as regards the organisation of the milk sector in Romania.
(5) In this respect, Annex VII, Chapter 5, Subsection I, point (c) of the Act of Accession of Bulgaria and Romania, authorises temporarily certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 to receive deliveries of raw milk that does not comply with the relevant hygiene requirements laid down in Regulation (EC) No 853/2004 (‘non-compliant milk’).
(6) Milk production holdings that do not comply with the hygiene requirements set out in Regulation (EC) No 853/2004 and milk processing establishments that do comply with the structural requirements set out in Regulation (EC) No 852/2004 are spread over the whole territory of Romania. Accordingly, certain of the compliant establishments receive raw milk that complies with the relevant hygiene requirements set out in Regulation (EC) No 853/2004 (‘compliant milk’) as well as non-compliant milk. Therefore, the marketing of final products from the compliant establishments should be restricted to Romania. In addition, a list of those compliant establishments should be set out in this Decision.
(7) Furthermore, certain compliant establishments intend to process separately compliant and non-compliant milk. It is therefore necessary to establish the conditions as regards the collection and treatment of such milk and the marketing of the final products thereof. A list of those compliant establishments processing those two types of milk should also be set out in this Decision.
(8) The transitional period granted should be limited to 18 months. The situation of the milk sector in Romania is to be reviewed before the end of that period. Accordingly, it is appropriate that Romania submit annual reports to the Commission regarding progress in the upgrading of milk production holdings supplying raw milk to compliant establishments.
(9) The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Lists of compliant establishments

Chapters I and II of the Annex to this Decision set out lists of milk processing establishments in Romania that comply with the structural requirements of Regulation (EC) No 852/2004, Annex II, Chapter II (‘compliant establishments’) and are authorized to receive and process raw milk which is not in compliance with Chapter I Part III, 3 and Chapter II Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (non-compliant milk).

Deliveries of non-compliant milk and processing in compliant establishments listed in Chapter I of the Annex

1. The compliant establishments listed in Chapter I of the Annex to this Decision may receive and process non-compliant raw milk.
2. As long as the establishments referred to in paragraph (1) benefit from the provisions of that paragraph products originating from compliant establishments listed in Chapter I of the Annex shall:
(a)
only be placed on the domestic market or used for further processing in other compliant establishments listed in Chapter I of the Annex, irrespective of the date of marketing;
(b)
bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.

Deliveries of compliant and non-compliant milk and processing in compliant establishments listed in Chapter II of the Annex

The compliant establishments listed in Chapter II of the Annex to this Decision may receive and process raw milk which complies with the requirements set out in Chapter I, Part III, 3 and Chapter II, Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (‘compliant milk’) and non-compliant milk on separate production lines provided that the food business operators of such establishments:
(a)
comply with Article 5 of Regulation (EC) No 852/2004;
(b)
demonstrate their capacity to comply with the following conditions, including designating the separate production lines:
(i)
to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;
(ii)
to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;
(iii)
to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;
(iv)
to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.

Duties of competent authorities in Romania concerning compliant establishments listed in Chapter II of the Annex

1. The competent authorities in Romania shall:
(a)
ensure that food business operators of compliant establishments listed in Chapter II of the Annex take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk and dairy products;
(b)
conduct tests and unannounced controls in compliant establishments listed in Chapter II of the Annex relating to their observance of raw milk and dairy products separation;
(c)
conduct tests in approved laboratories on all raw milk and finished products from compliant establishments listed in Chapter II of the Annex to this Decision to verify their compliance with the requirements of Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004, including the microbiological criteria for dairy products.
2. The milk and dairy products originating in the compliant establishments listed in Chapter II of the Annex processed from non-compliant raw milk may only be placed on the domestic market or used for further processing in other such establishments or establishments listed in Chapter I and bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.
3. Only dairy products, produced in compliant milk establishments listed in Chapter II of the Annex to this Decision and complying with paragraphs 1 of this Article and the requirements of Annex III, Section IX of Regulation (EC) No 853/2004, may be marketed as compliant products complying with the provisions of that Regulation.

Compliance and reports

1. Romania shall ensure the gradual compliance by the milk production holdings, referred to in Article 2(1) of this Decision, with the requirements Annex III, Section IX, Chapter I, parts II and III of Regulation (EC) No 853/2004.
2. Romania shall submit annual reports to the Commission on progress made in upgrading milk production holdings and the milk collection system.
Milk and milk products produced under the provisions referred to in Articles 3 and 4 of the present Decision shall only be granted support under Title I, Chapters II and III, except Article 11 thereof, and Title II of Council Regulation (EC) No 1255/1999(3)if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.

Applicability

This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
It shall apply until 30 June 2008.

Addressees

This Decision is addressed to the Member States.

CHAPTER I

ANNEXList of milk processing establishments in compliance with Community structural requirements authorised to receive and process without separation compliant and non-compliant milk
1 | AR 473 | SC Octavian Impex SRL | Dezna, County of Arad, 317110
2 | BT 17 | SC Spicul 2 SRL | Dorohoi, County of Botosani, 715200
3 | BT 176 | SC Lacto Solomonescu SRL | Miron Costin, County of Botosani, 717466
4 | BR 24 | S.C. Lacta Prod SRL | Braila, County of Braila, 810224
5 | CJ 7879 | SC Comlact SRL | Corusu, County of Cluj, 407056
6 | DB 59 | SC Industrializarea Laptelui SA | Targoviste, County of Dambovita, 130062
7 | NT 241 | SC Pro Com Pascal SRL | Pastraveni, County of Neamt, 617300
8 | NT 556 | SC Stefanos SRL | Trifesti, County of Neamt, 617475
9 | SB 237 | SC Carpalat SRL | Mandra, County of Sibiu, 557124
10 | SB 298 | SC Gefa Impex SRL | Talmaciu, County of Sibiu, 555700
11 | L 56 | SC Camy Lact SRL | Panaci-Vatra Dornei, County of Suceava, 727405
12 | VN 25 | SC Vitaprod SRL | Dumitresti, County of Vrancea, 727110
13 | BC 4826 | S.C. Marlact SRL | Buhoci, County of Bacau, 607085
14 | BH 4646 | SC Abacus Trade SRL | Toboliu, County of Bihor, 417273
15 | BH 2980 | SC Cîmpaneii Prest SRL | Mierlău, County of Bihor, 417277
16 | BT 342 | SC Indagrovet SRL | Coțușca, County of Botosani, 717090
17 | BT 240 | SC Geny Com SRL | Vf. Câmpului, County of Botosani, 717450
18 | BT 205 | SC Cicos SRL | George Enescu, County of Botosani, 717170
19 | BR 215 | S.C. Android Trading SRL | Maxineni, County of Braila, 817090
20 | BZ 0627 | SC Ianis Cos Lact SRL | C.A. Rosetti, County of Buzau, 127120
21 | BZ 0298 | SC Camen Tas SRL | Smeeni, County of Buzau, 127595
22 | CJ 4185 | SC Bonas Import Export SRL | Dezmir, County of Cluj, 407039
23 | CV 56 | SC Milk COM SRL | Saramas, County of Covasna, 527012
24 | CV 690 | SC Mark SRL | Brates, County of Covasna, 527050
25 | CV 234 | SC Zugo SRL | Belin, County of Covasna, 527030
26 | HR 383 | S.C. Lactate Harghita SA | Cristuru Secuiesc, County of Harghita, 535400
27 | HR 70 | S.C. Primulact SRL | Miercurea Ciuc, County of Harghita, 530242
28 | NT 607 | S.C. D. A Secuieni | Secuieni, County of Neamt, 617405
29 | OT 2836 | SC Bourella Maris SRL | Babiciu, County of Olt, 237015
30 | PH 6448 | SC Rusara Prodcom SRL | Valea Calugareasca, County of Prahova, 107620
31 | PH 212 | S.C. Vitoro SRL | Ploiesti, County of Prahova, 100537
32 | PH 6067 | S.C. Zoe Gab SRL | Fulga, County of Prahova, 107260
33 | SJ 52 | SC Sanolact | Maeriste, County of Salaj, 457235
34 | SV 4162 | SC Malinul SRL | Malini, County of Suceava, 727350
35 | SV 5355 | SC Lacto Zaharia | Frumosu, County of Suceava, 727260
36 | SV 6394 | SC Martin’s European Food Products Comimpex SRL | Bosanci, County of Suceava, 727045
37 | TL 1328 | SC Izacos Lact SRL | Topolog, County of Tulcea, 827220
38 | VN 35 | SC Monaco SRL | Vrâncioaia, County of Vrancea, 627445
39 | AG 6 | SC Bradet SRL | Bradulet, County of Arges, 117145
40 | L 57 | SC Hochland Romania SRL | Sovata, County of Mures, 545500
41 | AG 4 | S.C. Dincudana SRL | Bradu, County of Arges, 117148
42 | BH 1705 | SC Dorlact SRL | Beznea, County of Bihor, 417081
43 | CS 116 | SC Fabrica de Produse Lactate | Oravita, County of Caras Severin, 325600
44 | NT 900 | S.C. Complex Agroalimentar SRL | Bicaz, County of Neamt, 615100
45 | TL 965 | SC Mineri SRL | Mineri, County of Tulcea, 827211
46 | CJ 41 | SC Kazal SRL | Dej, County of Cluj, 405200
47 | L 40 | SC Napolact SA | Huedin, County of Cluj, 405400
48 | SM 3876 | S.C. Schwaben Molkerei | Carei, County of Satu Mare, 445100CHAPTER IIList of milk processing establishments in compliance with Community structural requirements authorised to receive and process separately compliant and non-compliant milk
1 | AB 3508 | SC Unichim Romania SRL | Unirea, County of Alba, 517785
2 | L 81 | SC Raraul SA | Campulung Moldovenesc, County of Suceava, 725100
3 | AG 5 | S.C. Lactag SA Fabrica Costesti | Costesti, County of Arges, 115200
4 | BC 6100 | SC Depcoinf MBD SRL | Targu Trotus, County of Bacau, 607630
5 | BT 60 | SC Five Continents Group SRL | Rachiti, County of Botosani, 717310
6 | BR 65 | S.C. Brailact SRL | Braila, County of Braila, 810224
7 | L 35 | S.C.Danone PDPA Romania SRL | Bucuresti, 032451
8 | CT 30 | SC Niculescu Prod SRL | Cumpana, County of Constanta, 907105
9 | CT 15 | SC Nic Costi Trade SRL | Dorobantu, County Constanta, 907211
10 | L 9 | SC Covalact SA | Sfantu Gheorghe, County of Covasna, 520076
11 | L 22 | SC Dorna Lactate SA | Dorna Candrenilor — Floreni, County of Suceava, 727190
12 | L 53 | S.C. Friesland România SA | Carei, County of Satu Mare, 445100
13 | TR 78 | SC Interagro SRL | Zimnicea, County of Teleorman, 145400
14 | VS 2196 | SC Ilvas SA | Vaslui, County of Vaslui, 730040
15 | SV 001 | SC La Dorna Agri SA | Dorna Candreni, County of Suceava, 727190
16 | SV 6352 | SC La Dorna Chesse SA | Dorna Arini, County of Suceava, 727200
17 | BH 5206 | SC Prolacta SRL | Copacel, County of Bihor, 417205
18 | BZ 0098 | SC Meridian Agroind | Ramnicu Sarat, County of Buzau, 125300
19 | CT 299 | SC Nascu SRL | Indepenta, County of Constanta, 907145
20 | CT 294 | SC Suflaria Import Export SRL | Cheia, County of Constanta, 907277
21 | MM 4758 | SC Milk-Humana SRL | Baia Mare, County of Maramures, 430306
22 | MM 521 | SC Oblaza SRL | Birsana, County of Maramures, 437035
23 | MM 725 | SC Avi Seb Impex SRL | Tirgu Lapus, County of Maramures, 435600
24 | TL 855 | SC Deltalact SA | Tulcea, County of Tulcea, 820009