Pending: 32001D0008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 9(4) thereof,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof,Whereas:(1) Commission Decision 2000/764/EC of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy(4), lays down reinforced rules for the testing of bovine animals entering the food chain.(2) Commission Decision 98/272/EC of 23 April 1998 on epidemio-surveillance for transmissible spongiform encephalopathies(5), as last amended by Decision 2000/764/EC, lays down the methods and protocols to be followed when examining bovine animals for the presence of bovine spongiform encephalopathy (BSE).(3) Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market(6) provides for a scheme where bovine animals over 30 months of age can be purchased for destruction instead of being slaughtered for human consumption. It is necessary to clarify that the obligation to examine certain groups of animals at risk applies where such animals are purchased for destruction.(4) It is appropriate to clarify the rules on the health marking of carcases from animals having been examined for BSE.(5) The Council has invited the Commission to specify the modalities under which laboratory testing for bovine spongiform encephalopathy (BSE) shall be carried out and the methods by which the testing shall be controlled by competent authorities and monitored by the Commission.(6) Decision 2000/764/EC and Decision 98/272/EC need to be amended accordingly.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1Decision 2000/764/EC is amended as follows:1.

Article 1
Decision 2000/764/EC is amended as follows:
1. Article 1(1) is replaced by the following:
“1. Member States shall ensure that all bovine animals over 30 months of age:
– subject to ‘special emergency slaughtering’ as defined in Article 2(n) of Council Directive 64/433/EEC(7), or
– slaughtered in accordance with Annex I, Chapter VI, point 28(c) to Directive 64/433/EEC
are examined by one of the approved rapid tests listed in Annex IVA to decision 98/272/EC as of 1 January 2001.
The provisions of this paragraph shall also apply to animals, as referred to in the first subparagraph, which are purchased for destruction in accordance with Regulation (EC) No 2777/2000.”
2. Article 2 is replaced by the following:
All parts of the body, including the hide, of animals examined in accordance with Article 1 shall be retained under official supervision until a negative test result has been obtained or until it has been destroyed by incinertion or, under exceptional circumstances, burned or buried in strict compliance with the conditions laid down in Article 3(2) of Council Directive 90/667/EEC(8). Where an animal slaughtered for human consumption is examined, the health marking provided for in Chapter XI of Annex I to Directive 64/433/EC shall not be carried out on the carcase of that animal until a negative test result has been obtained, unless an official system is in place ensuring that no parts of examined animals leave the slaughterhouse before a negative test result has been obtained except when they are sent under official supervision for destruction by incineration.”
3. Article 3 is replaced by the following:
1. Member States shall ensure that any sampling for BSE in bovine animals is carried out in accordnce with Annex IV(1) to Decision 98/272/EC, as amended by the present Decision.
2. Member States shall ensure that any laboratory testing for BSE in bovine animals is carried out in laboratories approved for that purpose and using the methods and protocols laid down in Annex IV(2) and (3) to Decision 98/272/EC, as amended by the present Decision.
3. The national reference laboratory in each Member State, as set out in Annex V to Decision 98/272/EC, shall ensure coordination of diagnostic methods and protocols between laboratories approved for carrying out laboratory testing for BSE in bovine animals, regularly verify the correct use of those diagnostic methods and protocols, and, as appropriate, organise periodical comparative tests.
4. The Commission shall monitor the sampling and laboratory testing for BSE in bovine animals carried out in the Member States by regular inspections on the spot in accordance with Commission Decision 98/139/EC(9) and by organising a comparative test for the national reference laboratories.”

Article 2
Decision 98/272/EC is amended as follows:
1. Annex IV is replaced by the text in the Annex to this Decision.
2. In Annex V, the following national reference laboratory is added for Spain:
” Laboratorio Central de Veterinaria de Algete Madrid Spain (only BSE tests as referred to in Annex IVA)”.

Article 3
This Decision shall apply from 1 January 2001.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 29 December 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 224, 18.8.1990, p. 29.
(4) OJ L 305, 6.12.2000, p. 35.
(5) OJ L 122, 24.4.1998, p. 59.
(6) OJ L 321, 19.12.2000, p. 47.
(7) OJ 121, 29.7.1964, p. 2012/64.
(8) OJ L 363, 27.12.1990, p. 51.
(9) OJ L 38, 12.2.1998, p. 10.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 9(4) thereof,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof,Whereas:(1) Commission Decision 2000/764/EC of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy(4), lays down reinforced rules for the testing of bovine animals entering the food chain.(2) Commission Decision 98/272/EC of 23 April 1998 on epidemio-surveillance for transmissible spongiform encephalopathies(5), as last amended by Decision 2000/764/EC, lays down the methods and protocols to be followed when examining bovine animals for the presence of bovine spongiform encephalopathy (BSE).(3) Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market(6) provides for a scheme where bovine animals over 30 months of age can be purchased for destruction instead of being slaughtered for human consumption. It is necessary to clarify that the obligation to examine certain groups of animals at risk applies where such animals are purchased for destruction.(4) It is appropriate to clarify the rules on the health marking of carcases from animals having been examined for BSE.(5) The Council has invited the Commission to specify the modalities under which laboratory testing for bovine spongiform encephalopathy (BSE) shall be carried out and the methods by which the testing shall be controlled by competent authorities and monitored by the Commission.(6) Decision 2000/764/EC and Decision 98/272/EC need to be amended accordingly.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1Decision 2000/764/EC is amended as follows:1.
Decision 2000/764/EC is amended as follows:
1. Article 1(1) is replaced by the following:
“1. Member States shall ensure that all bovine animals over 30 months of age:
– subject to ‘special emergency slaughtering’ as defined in Article 2(n) of Council Directive 64/433/EEC(7), or
– slaughtered in accordance with Annex I, Chapter VI, point 28(c) to Directive 64/433/EEC
are examined by one of the approved rapid tests listed in Annex IVA to decision 98/272/EC as of 1 January 2001.
The provisions of this paragraph shall also apply to animals, as referred to in the first subparagraph, which are purchased for destruction in accordance with Regulation (EC) No 2777/2000.”
2. Article 2 is replaced by the following:
All parts of the body, including the hide, of animals examined in accordance with Article 1 shall be retained under official supervision until a negative test result has been obtained or until it has been destroyed by incinertion or, under exceptional circumstances, burned or buried in strict compliance with the conditions laid down in Article 3(2) of Council Directive 90/667/EEC(8). Where an animal slaughtered for human consumption is examined, the health marking provided for in Chapter XI of Annex I to Directive 64/433/EC shall not be carried out on the carcase of that animal until a negative test result has been obtained, unless an official system is in place ensuring that no parts of examined animals leave the slaughterhouse before a negative test result has been obtained except when they are sent under official supervision for destruction by incineration.”
3. Article 3 is replaced by the following:
1. Member States shall ensure that any sampling for BSE in bovine animals is carried out in accordnce with Annex IV(1) to Decision 98/272/EC, as amended by the present Decision.
2. Member States shall ensure that any laboratory testing for BSE in bovine animals is carried out in laboratories approved for that purpose and using the methods and protocols laid down in Annex IV(2) and (3) to Decision 98/272/EC, as amended by the present Decision.
3. The national reference laboratory in each Member State, as set out in Annex V to Decision 98/272/EC, shall ensure coordination of diagnostic methods and protocols between laboratories approved for carrying out laboratory testing for BSE in bovine animals, regularly verify the correct use of those diagnostic methods and protocols, and, as appropriate, organise periodical comparative tests.
4. The Commission shall monitor the sampling and laboratory testing for BSE in bovine animals carried out in the Member States by regular inspections on the spot in accordance with Commission Decision 98/139/EC(9) and by organising a comparative test for the national reference laboratories.”
Decision 98/272/EC is amended as follows:
1. Annex IV is replaced by the text in the Annex to this Decision.
2. In Annex V, the following national reference laboratory is added for Spain:
” Laboratorio Central de Veterinaria de Algete Madrid Spain (only BSE tests as referred to in Annex IVA)”.
This Decision shall apply from 1 January 2001.
This Decision is addressed to the Member States.
Done at Brussels, 29 December 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 224, 18.8.1990, p. 29.
(4) OJ L 305, 6.12.2000, p. 35.
(5) OJ L 122, 24.4.1998, p. 59.
(6) OJ L 321, 19.12.2000, p. 47.
(7) OJ 121, 29.7.1964, p. 2012/64.
(8) OJ L 363, 27.12.1990, p. 51.
(9) OJ L 38, 12.2.1998, p. 10.
SAMPLING AND LABORATORY TESTING FOR THE PRESENCE OF BSE IN BOVINE ANIMALS
1. Collection of samples
The competent authority shall ensure that samples ae collected using the methods and protocols laid down in the Manual of standards for diagnostic tests and vaccines of the World Organisation for Animal Health (Office International des Epizooties), latest edition. In the absence of such methods and protocols, the competent authority shall ensure that the samples are collected in a manner appropriate for the correct application of tests.
The competent authority shall ensure that samples are correctly marked as to the identity of the sampled animal.
2. Laboratory testing
2.1. Suspect cases
Tissues from bovine animals sent for laboratory testing pursuant to the provisions of Article 3(2) shall be subject to a histopathology examination as laid down in the Manual of standards for diagnostic tests and vaccines of the World Organisation for Animal Health (Office International des Epiziooties), latest edition, except where the material is autolysed. Where the result of the histopathology examination is inconclusive or negative or where the material autolysed, the tissues shall be subjected to an examination by one of the other diagnostic methods laid down in the above Manual (immunocytochemistry, immuno-blotting or demonstration of characteristic fibrils by electron microscopy).
2.2. Animals examined in the framework of the annual monitoring programme or subject to routine examination at slaughter
Bovine animals examined in the framework of the annual monitoring programme as laid down in Annex I(A), the targeted surveillance programme as laid down in Annex I(C) or examined in accordance with Article 1 of Decision 2000/764/EC shall be examined in an approved laboratory by one of the tests listed in Annex IVA.
Where the result of the monitoring test is inconclusive or positive, the tissues shall immediately be subject to confirmatory examinations in an official laboratory. The confirmatory examination shall start by a hystopathology examination of the brainstem as laid down in the Manual of standards for diagnostic tests and vaccines of the World Organisation for Animal Health (Office International des Epizooties), latest edition, except where the material is autolysed or otherwise not suitable for examination by histopathology. Where the result of the histopathology examination is inconclusive or negative or where the material is autolysed, the tissues shall be subjected to an examination by one of the other diagnostic methods mentioned in point 2.1, however, the method must not be the same as the method used in the monitoring test.
3. Interpretation of results
An animal examined as referred to in point 2.1 shall be regarded a positive BSE case, if the result of one of the tests is positive.
An animal examined as referred to in point 2.2 shall be regarded as a positive BSE case if the result of the monitoring test is positive or inconclusive, and
– the result of the subsequent histopathology examination is positive, or
– the result of another diagnostic method mentioned in point 2.1. is positive.
4. Reporting of results
All positive BSE cases shall immediately be reported to the competent authority. The competent authority shall notify positive BSE cases in accordance with Directive 82/894/EEC(1).
(1) OJ L 378, 31.12.1982, p. 58.
1. Immunoblotting test based on a western blotting procedure for the detection of the protease-resistant fragment PrPRes (prionics check test).
2. Chemiluminiscent ELISA involving an extraction procedure and an ELISA technique, using an enhanced chemiluminiscent reagent (Enfer test).
3. Sandwich immunoassay for PrPRes carried out following denaturation and concentration steps (Bio-Rad).”

Pending: 32000D2850

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Following consultation with the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), and in the light of the joint text approved by the Conciliation Committee on 11 October 2000,Whereas:(1) The actions taken by the Community in the field of accidental marine pollution since 1978 have made it possible progressively to develop cooperation between the Member States within a Community action programme. The resolution and decisions adopted since 1978(4) constitute the basis for this cooperation.(2) Several regional agreements on accidental marine pollution, such as the Bonn Cooperation Agreement, already facilitate mutual assistance and cooperation between Member States in this field.(3) Regard should be had to the international conventions and agreements applicable to European seas and maritime areas, such as the OSPAR Convention, the Barcelona Convention and the Helsinki Convention.(4) The Community information system has served the purpose of making available to the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea in large quantities. The information system will be simplified by the use of a modern automatic data-processing system.(5) A system for the rapid and efficient exchange of information needs to be established.(6) The Community task force and other actions within the Community action programme have provided practical assistance to operational authorities during marine pollution emergencies and promoted cooperation and preparedness for efficient response to accidents.(7) The Community programme of policy and action in relation to the environment and sustainable development(5) presented by the Commission envisages that the Community’s activities will be stepped up in particular in the field of environmental emergencies which includes accidental or deliberate marine pollution.(8) Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues(6) is of fundamental importance in the context of this Decision.(9) Harmful substances means any hazardous or noxious substance liable to raise concern if spilled into the marine environment.(10) Community cooperation in the field of accidental marine pollution helps, by taking action against the risks, to achieve the objectives of the Treaty by promoting solidarity between Member States and contributing, pursuant to Article 174 of the Treaty, to preserving and protecting the environment and protecting human health.(11) The establishment of a Community framework for cooperation providing support measures will help to develop cooperation in the field of accidental marine pollution even more efficiently. Such a framework for cooperation should be based to a large extent on experience already gained in this field since 1978.(12) A Community framework for cooperation will also increase transparency as well as consolidate and strengthen the different actions.(13) Accidental or deliberate pollution at sea includes pollution from offshore installations and illicit operational spills from vessels.(14) Action to provide information and prepare those responsible for and involved in dealing with accidental marine pollution in the Member States is important, increases the degree of preparedness for accidents and contributes to preventing the risks.(15) It is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies.(16) The provision of operational support in emergency situations to Member States and facilitating the dissemination of experience from such situations among Member States has proved to be of significant value.(17) Actions under this framework should also promote the polluter-pays principle which should be applied in accordance with the applicable national and international environmental and maritime law.(18) The measures necessary for implementing this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(19) This Decision lays down, for the entire duration of the cooperation framework, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8), for the budgetary authority during the annual budgetary procedure.(20) The provisions of this Decision take over, in particular, the action programme set up through Council Resolution of 26 June 1978 and the Community information system established through Council Decision 86/85/EEC of 6 March 1986 establishing a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea or in major inland waters(9). That Decision should be repealed from the date on which this Decision enters into force,HAVE ADOPTED THIS DECISION:Article 11. A Community framework for cooperation in the field of accidental or deliberate marine pollution (hereinafter called “the framework for cooperation”) is hereby established for the period 1 January 2000 to 31 December 2006.2. The framework for cooperation is intended:(a) to support and supplement Member States’ efforts at national, regional and local levels for the protection of the marine environment, coastlines and human health against the risks of accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources;accidental marine pollution risks include releases of harmful substances into the marine environment, whatever their origin, both from ships and from the shoreline or estuaries, including those linked to the presence of dumped materials, such as munitions, but excluding authorised discharges and continuous streams of pollution originating from land-based sources;(b) to contribute to improving the capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. In accordance with the internal division of competences within Member States, they shall exchange information on dumped munitions with a view to facilitating risk identification and preparedness measures;(c) to strengthen the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field; and(d) to promote cooperation between Member States in order to provide for compensation for damage in accordance with the polluter-pays principle.Article 2Without prejudice to the division of responsibilities between Member States and the Commission, the Commission shall implement the actions under the framework for cooperation, as set out in Annexes I and II.(a) Within the framework for cooperation, a Community information system for the purpose of exchanging data on the preparedness for and response to accidental or deliberate marine pollution, is established. The system shall consist of at least the components set out in Annex I.Types of actions under the framework for cooperation and financial arrangements for Community contribution are set out in Annex II.(b) A three-year rolling plan to implement the framework for cooperation, to be reviewed annually, shall be adopted in accordance with the procedure laid down in Article 4(2) and on the basis, inter alia, of the information supplied by Member States to the Commission.The Commission may, where necessary, arrange additional actions to those set out in Annex II. Such additional actions shall be assessed in the light of the priorities set and the financial resources available and shall be adopted in accordance with the procedure laid down in Article 4(2).(c) The financial framework for the implementation of this Decision for the period 2000 to 2006 is hereby set at EUR 7 million.The budgetary resources allocated to the actions provided for in this Decision shall be entered into the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.Article 31. The rolling plan to implement the framework for cooperation shall contain the individual actions to be undertaken.2. Individual actions shall be selected primarily on the basis of the following criteria:(a) contributing to providing information and preparing those responsible for and involved in dealing with accidental or deliberate marine pollution, including where relevant port authorities, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks;(b) contributing to improving techniques and methods of response and rehabilitation after emergencies and to improving techniques for the evaluation of damage caused to the marine and coastal environment;(c) contributing to providing better public information to help clarify risks and relaying accidents information;(d) contributing to strengthening the cooperation of relevant local bodies and nature protection bodies as regards risk prevention and response;(e) contributing to providing operational support, by mobilising experts mainly belonging to the Community task force, in emergency situations to Member States and to disseminating experience from such situations among Member States.3. Each individual action shall be implemented in close cooperation with the competent authorities at national, regional and local levels in the Member States.Article 41. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 5The Commission shall evaluate the implementation of the framework for cooperation at mid term and before its end, and report no later than 36 months after the entry into force of the Decision and thereafter six years after the entry into force of the Decision, to the European Parliament and to the Council. In its final report, the Commission shall, if appropriate, make proposals for new measures to continue this framework.Article 6Decision 86/85/EEC shall be repealed.Article 7This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 8This Decision is addressed to the Member States.Done at Brussels, 20 December 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ.-C. Gayssot(1) OJ C 25, 30.1.1999, p. 20.(2) OJ C 169, 16.6.1999, p. 16.(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 82), Council Common Position of 17 December 2000 (OJ C 87, 24.3.2000, p. 1) and Decision of the European Parliament of 13 June 2000 (not yet published in the Official Journal). Decision of the European Parliament of 30 November 2000 and Decision of the Council of 5 December 2000.(4) OJ C 162, 8.7.1978, p. 1, OJ L 355, 10.12.1981, p. 52, OJ L 77, 22.3.1986, p. 33 and OJ L 158, 25.6.1988, p. 32.(5) OJ C 138, 17.5.1993, p. 5.(6) See page 81 of this Official Journal.(7) OJ L 184, 17.7.1999, p. 23.(8) OJ C 172, 18.6.1999, p. 1.(9) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC (OJ L 158, 25.6.1988, p. 32).ANNEX ICOMPONENTS OF THE COMMUNITY INFORMATION SYSTEMThe Community information system will use a modern automatic data processing system. On the Internet site, there will be general background information at Community level on a Community home page and, on national home pages, information related to the national intervention resources available.Separately, a printed part of the system will be maintained in the form of a Community operational loose-leaf booklet with information on emergency management in each Member State.1. The Commission will open a website for the purpose of a general access page of the system and a Community home page.2. Each Member State, within six months from the date the Decision enters into force, will:(a) appoint the authority or authorities responsible for the management of the national part of the system, and inform the Commission thereof;(b) open or maintain a national home page, or interconnected national home pages. This national home page or one of the interconnected national home pages will be connected with the whole system through the Community general access page of the system;(c) fill in its national home page(s) with the relevant information, namely:(i) a description of national structures and of links between national authorities in the field of accidental or deliberate marine pollution, including focal points to be addressed in questions of emergency response;(ii) general information on existing teams and equipment for emergency response and clean-up, in particular:- strike teams (seaborne) consisting of spill response vessels,- strike teams (land-based) to combat shoreline pollution and to organise temporary storage as well as to conduct actions for the rehabilitation of sensitive coastal areas,- expert teams to carry out environmental monitoring of pollution and/or the impact of the combating techniques used, including chemical dispersion,- other mechanical, chemical and biological means for combating pollution at sea and cleaning up coasts, including systems for lightening of oil tankers,- aircraft for aerial surveillance,- location of stockpiles,- emergency towage capacity,- emergency number(s) for public use;(iii) conditions for offering assistance.Upon request the focal points will provide additional information.3. Each Member State will update its national home page(s), specified in point 2, as soon as changes have occurred.4. Each Member State will provide the Commission with its information on operational emergency management to be included in the Community operational loose-leaf booklet, including operational procedures for mobilisation and operational contact points with their references, within six months from the date the Decision enters into force.5. Each Member State will notify to the Commission at the earliest opportunity any change related to the information contained in the loose-leaf booklet.6. The Commission will make available to each Member State a copy of the loose-leaf booklet and provide any updating to the Member States.The models for the Community and national home pages and further guidance for the implementation of the Community information system will be adopted in accordance with the procedure laid down in Article 4(2).ANNEX IIFINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION>TABLE>

Article 1
1. A Community framework for cooperation in the field of accidental or deliberate marine pollution (hereinafter called “the framework for cooperation”) is hereby established for the period 1 January 2000 to 31 December 2006.
2. The framework for cooperation is intended:
(a) to support and supplement Member States’ efforts at national, regional and local levels for the protection of the marine environment, coastlines and human health against the risks of accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources;
accidental marine pollution risks include releases of harmful substances into the marine environment, whatever their origin, both from ships and from the shoreline or estuaries, including those linked to the presence of dumped materials, such as munitions, but excluding authorised discharges and continuous streams of pollution originating from land-based sources;
(b) to contribute to improving the capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. In accordance with the internal division of competences within Member States, they shall exchange information on dumped munitions with a view to facilitating risk identification and preparedness measures;
(c) to strengthen the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field; and
(d) to promote cooperation between Member States in order to provide for compensation for damage in accordance with the polluter-pays principle.

Article 2
Without prejudice to the division of responsibilities between Member States and the Commission, the Commission shall implement the actions under the framework for cooperation, as set out in Annexes I and II.
(a) Within the framework for cooperation, a Community information system for the purpose of exchanging data on the preparedness for and response to accidental or deliberate marine pollution, is established. The system shall consist of at least the components set out in Annex I.
Types of actions under the framework for cooperation and financial arrangements for Community contribution are set out in Annex II.
(b) A three-year rolling plan to implement the framework for cooperation, to be reviewed annually, shall be adopted in accordance with the procedure laid down in Article 4(2) and on the basis, inter alia, of the information supplied by Member States to the Commission.
The Commission may, where necessary, arrange additional actions to those set out in Annex II. Such additional actions shall be assessed in the light of the priorities set and the financial resources available and shall be adopted in accordance with the procedure laid down in Article 4(2).
(c) The financial framework for the implementation of this Decision for the period 2000 to 2006 is hereby set at EUR 7 million.
The budgetary resources allocated to the actions provided for in this Decision shall be entered into the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Article 3
1. The rolling plan to implement the framework for cooperation shall contain the individual actions to be undertaken.
2. Individual actions shall be selected primarily on the basis of the following criteria:
(a) contributing to providing information and preparing those responsible for and involved in dealing with accidental or deliberate marine pollution, including where relevant port authorities, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks;
(b) contributing to improving techniques and methods of response and rehabilitation after emergencies and to improving techniques for the evaluation of damage caused to the marine and coastal environment;
(c) contributing to providing better public information to help clarify risks and relaying accidents information;
(d) contributing to strengthening the cooperation of relevant local bodies and nature protection bodies as regards risk prevention and response;
(e) contributing to providing operational support, by mobilising experts mainly belonging to the Community task force, in emergency situations to Member States and to disseminating experience from such situations among Member States.
3. Each individual action shall be implemented in close cooperation with the competent authorities at national, regional and local levels in the Member States.

Article 4
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.

Article 5
The Commission shall evaluate the implementation of the framework for cooperation at mid term and before its end, and report no later than 36 months after the entry into force of the Decision and thereafter six years after the entry into force of the Decision, to the European Parliament and to the Council. In its final report, the Commission shall, if appropriate, make proposals for new measures to continue this framework.

Article 6
Decision 86/85/EEC shall be repealed.

Article 7
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 8
This Decision is addressed to the Member States.
Done at Brussels, 20 December 2000.
For the European Parliament
The President
N. Fontaine
For the Council
J.-C. Gayssot
(1) OJ C 25, 30.1.1999, p. 20.
(2) OJ C 169, 16.6.1999, p. 16.
(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 82), Council Common Position of 17 December 2000 (OJ C 87, 24.3.2000, p. 1) and Decision of the European Parliament of 13 June 2000 (not yet published in the Official Journal). Decision of the European Parliament of 30 November 2000 and Decision of the Council of 5 December 2000.
(4) OJ C 162, 8.7.1978, p. 1, OJ L 355, 10.12.1981, p. 52, OJ L 77, 22.3.1986, p. 33 and OJ L 158, 25.6.1988, p. 32.
(5) OJ C 138, 17.5.1993, p. 5.
(6) See page 81 of this Official Journal.
(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ C 172, 18.6.1999, p. 1.
(9) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC (OJ L 158, 25.6.1988, p. 32).

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Following consultation with the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), and in the light of the joint text approved by the Conciliation Committee on 11 October 2000,Whereas:(1) The actions taken by the Community in the field of accidental marine pollution since 1978 have made it possible progressively to develop cooperation between the Member States within a Community action programme. The resolution and decisions adopted since 1978(4) constitute the basis for this cooperation.(2) Several regional agreements on accidental marine pollution, such as the Bonn Cooperation Agreement, already facilitate mutual assistance and cooperation between Member States in this field.(3) Regard should be had to the international conventions and agreements applicable to European seas and maritime areas, such as the OSPAR Convention, the Barcelona Convention and the Helsinki Convention.(4) The Community information system has served the purpose of making available to the Member States the data required for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea in large quantities. The information system will be simplified by the use of a modern automatic data-processing system.(5) A system for the rapid and efficient exchange of information needs to be established.(6) The Community task force and other actions within the Community action programme have provided practical assistance to operational authorities during marine pollution emergencies and promoted cooperation and preparedness for efficient response to accidents.(7) The Community programme of policy and action in relation to the environment and sustainable development(5) presented by the Commission envisages that the Community’s activities will be stepped up in particular in the field of environmental emergencies which includes accidental or deliberate marine pollution.(8) Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues(6) is of fundamental importance in the context of this Decision.(9) Harmful substances means any hazardous or noxious substance liable to raise concern if spilled into the marine environment.(10) Community cooperation in the field of accidental marine pollution helps, by taking action against the risks, to achieve the objectives of the Treaty by promoting solidarity between Member States and contributing, pursuant to Article 174 of the Treaty, to preserving and protecting the environment and protecting human health.(11) The establishment of a Community framework for cooperation providing support measures will help to develop cooperation in the field of accidental marine pollution even more efficiently. Such a framework for cooperation should be based to a large extent on experience already gained in this field since 1978.(12) A Community framework for cooperation will also increase transparency as well as consolidate and strengthen the different actions.(13) Accidental or deliberate pollution at sea includes pollution from offshore installations and illicit operational spills from vessels.(14) Action to provide information and prepare those responsible for and involved in dealing with accidental marine pollution in the Member States is important, increases the degree of preparedness for accidents and contributes to preventing the risks.(15) It is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies.(16) The provision of operational support in emergency situations to Member States and facilitating the dissemination of experience from such situations among Member States has proved to be of significant value.(17) Actions under this framework should also promote the polluter-pays principle which should be applied in accordance with the applicable national and international environmental and maritime law.(18) The measures necessary for implementing this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(19) This Decision lays down, for the entire duration of the cooperation framework, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8), for the budgetary authority during the annual budgetary procedure.(20) The provisions of this Decision take over, in particular, the action programme set up through Council Resolution of 26 June 1978 and the Community information system established through Council Decision 86/85/EEC of 6 March 1986 establishing a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea or in major inland waters(9). That Decision should be repealed from the date on which this Decision enters into force,HAVE ADOPTED THIS DECISION:Article 11. A Community framework for cooperation in the field of accidental or deliberate marine pollution (hereinafter called “the framework for cooperation”) is hereby established for the period 1 January 2000 to 31 December 2006.2. The framework for cooperation is intended:(a) to support and supplement Member States’ efforts at national, regional and local levels for the protection of the marine environment, coastlines and human health against the risks of accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources;accidental marine pollution risks include releases of harmful substances into the marine environment, whatever their origin, both from ships and from the shoreline or estuaries, including those linked to the presence of dumped materials, such as munitions, but excluding authorised discharges and continuous streams of pollution originating from land-based sources;(b) to contribute to improving the capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. In accordance with the internal division of competences within Member States, they shall exchange information on dumped munitions with a view to facilitating risk identification and preparedness measures;(c) to strengthen the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field; and(d) to promote cooperation between Member States in order to provide for compensation for damage in accordance with the polluter-pays principle.Article 2Without prejudice to the division of responsibilities between Member States and the Commission, the Commission shall implement the actions under the framework for cooperation, as set out in Annexes I and II.(a) Within the framework for cooperation, a Community information system for the purpose of exchanging data on the preparedness for and response to accidental or deliberate marine pollution, is established. The system shall consist of at least the components set out in Annex I.Types of actions under the framework for cooperation and financial arrangements for Community contribution are set out in Annex II.(b) A three-year rolling plan to implement the framework for cooperation, to be reviewed annually, shall be adopted in accordance with the procedure laid down in Article 4(2) and on the basis, inter alia, of the information supplied by Member States to the Commission.The Commission may, where necessary, arrange additional actions to those set out in Annex II. Such additional actions shall be assessed in the light of the priorities set and the financial resources available and shall be adopted in accordance with the procedure laid down in Article 4(2).(c) The financial framework for the implementation of this Decision for the period 2000 to 2006 is hereby set at EUR 7 million.The budgetary resources allocated to the actions provided for in this Decision shall be entered into the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.Article 31. The rolling plan to implement the framework for cooperation shall contain the individual actions to be undertaken.2. Individual actions shall be selected primarily on the basis of the following criteria:(a) contributing to providing information and preparing those responsible for and involved in dealing with accidental or deliberate marine pollution, including where relevant port authorities, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks;(b) contributing to improving techniques and methods of response and rehabilitation after emergencies and to improving techniques for the evaluation of damage caused to the marine and coastal environment;(c) contributing to providing better public information to help clarify risks and relaying accidents information;(d) contributing to strengthening the cooperation of relevant local bodies and nature protection bodies as regards risk prevention and response;(e) contributing to providing operational support, by mobilising experts mainly belonging to the Community task force, in emergency situations to Member States and to disseminating experience from such situations among Member States.3. Each individual action shall be implemented in close cooperation with the competent authorities at national, regional and local levels in the Member States.Article 41. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 5The Commission shall evaluate the implementation of the framework for cooperation at mid term and before its end, and report no later than 36 months after the entry into force of the Decision and thereafter six years after the entry into force of the Decision, to the European Parliament and to the Council. In its final report, the Commission shall, if appropriate, make proposals for new measures to continue this framework.Article 6Decision 86/85/EEC shall be repealed.Article 7This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 8This Decision is addressed to the Member States.Done at Brussels, 20 December 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ.-C. Gayssot(1) OJ C 25, 30.1.1999, p. 20.(2) OJ C 169, 16.6.1999, p. 16.(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 82), Council Common Position of 17 December 2000 (OJ C 87, 24.3.2000, p. 1) and Decision of the European Parliament of 13 June 2000 (not yet published in the Official Journal). Decision of the European Parliament of 30 November 2000 and Decision of the Council of 5 December 2000.(4) OJ C 162, 8.7.1978, p. 1, OJ L 355, 10.12.1981, p. 52, OJ L 77, 22.3.1986, p. 33 and OJ L 158, 25.6.1988, p. 32.(5) OJ C 138, 17.5.1993, p. 5.(6) See page 81 of this Official Journal.(7) OJ L 184, 17.7.1999, p. 23.(8) OJ C 172, 18.6.1999, p. 1.(9) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC (OJ L 158, 25.6.1988, p. 32).ANNEX ICOMPONENTS OF THE COMMUNITY INFORMATION SYSTEMThe Community information system will use a modern automatic data processing system. On the Internet site, there will be general background information at Community level on a Community home page and, on national home pages, information related to the national intervention resources available.Separately, a printed part of the system will be maintained in the form of a Community operational loose-leaf booklet with information on emergency management in each Member State.1. The Commission will open a website for the purpose of a general access page of the system and a Community home page.2. Each Member State, within six months from the date the Decision enters into force, will:(a) appoint the authority or authorities responsible for the management of the national part of the system, and inform the Commission thereof;(b) open or maintain a national home page, or interconnected national home pages. This national home page or one of the interconnected national home pages will be connected with the whole system through the Community general access page of the system;(c) fill in its national home page(s) with the relevant information, namely:(i) a description of national structures and of links between national authorities in the field of accidental or deliberate marine pollution, including focal points to be addressed in questions of emergency response;(ii) general information on existing teams and equipment for emergency response and clean-up, in particular:- strike teams (seaborne) consisting of spill response vessels,- strike teams (land-based) to combat shoreline pollution and to organise temporary storage as well as to conduct actions for the rehabilitation of sensitive coastal areas,- expert teams to carry out environmental monitoring of pollution and/or the impact of the combating techniques used, including chemical dispersion,- other mechanical, chemical and biological means for combating pollution at sea and cleaning up coasts, including systems for lightening of oil tankers,- aircraft for aerial surveillance,- location of stockpiles,- emergency towage capacity,- emergency number(s) for public use;(iii) conditions for offering assistance.Upon request the focal points will provide additional information.3. Each Member State will update its national home page(s), specified in point 2, as soon as changes have occurred.4. Each Member State will provide the Commission with its information on operational emergency management to be included in the Community operational loose-leaf booklet, including operational procedures for mobilisation and operational contact points with their references, within six months from the date the Decision enters into force.5. Each Member State will notify to the Commission at the earliest opportunity any change related to the information contained in the loose-leaf booklet.6. The Commission will make available to each Member State a copy of the loose-leaf booklet and provide any updating to the Member States.The models for the Community and national home pages and further guidance for the implementation of the Community information system will be adopted in accordance with the procedure laid down in Article 4(2).ANNEX IIFINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION>TABLE>
1. A Community framework for cooperation in the field of accidental or deliberate marine pollution (hereinafter called “the framework for cooperation”) is hereby established for the period 1 January 2000 to 31 December 2006.
2. The framework for cooperation is intended:
(a) to support and supplement Member States’ efforts at national, regional and local levels for the protection of the marine environment, coastlines and human health against the risks of accidental or deliberate pollution at sea, excluding continuous streams of pollution originating from land-based sources;
accidental marine pollution risks include releases of harmful substances into the marine environment, whatever their origin, both from ships and from the shoreline or estuaries, including those linked to the presence of dumped materials, such as munitions, but excluding authorised discharges and continuous streams of pollution originating from land-based sources;
(b) to contribute to improving the capabilities of the Member States for response in case of incidents involving spills or imminent threats of spills of oil or other harmful substances at sea and also to contribute to the prevention of the risks. In accordance with the internal division of competences within Member States, they shall exchange information on dumped munitions with a view to facilitating risk identification and preparedness measures;
(c) to strengthen the conditions for and facilitate efficient mutual assistance and cooperation between Member States in this field; and
(d) to promote cooperation between Member States in order to provide for compensation for damage in accordance with the polluter-pays principle.
Without prejudice to the division of responsibilities between Member States and the Commission, the Commission shall implement the actions under the framework for cooperation, as set out in Annexes I and II.
(a) Within the framework for cooperation, a Community information system for the purpose of exchanging data on the preparedness for and response to accidental or deliberate marine pollution, is established. The system shall consist of at least the components set out in Annex I.
Types of actions under the framework for cooperation and financial arrangements for Community contribution are set out in Annex II.
(b) A three-year rolling plan to implement the framework for cooperation, to be reviewed annually, shall be adopted in accordance with the procedure laid down in Article 4(2) and on the basis, inter alia, of the information supplied by Member States to the Commission.
The Commission may, where necessary, arrange additional actions to those set out in Annex II. Such additional actions shall be assessed in the light of the priorities set and the financial resources available and shall be adopted in accordance with the procedure laid down in Article 4(2).
(c) The financial framework for the implementation of this Decision for the period 2000 to 2006 is hereby set at EUR 7 million.
The budgetary resources allocated to the actions provided for in this Decision shall be entered into the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
1. The rolling plan to implement the framework for cooperation shall contain the individual actions to be undertaken.
2. Individual actions shall be selected primarily on the basis of the following criteria:
(a) contributing to providing information and preparing those responsible for and involved in dealing with accidental or deliberate marine pollution, including where relevant port authorities, in the Member States, in order to increase the degree of preparedness and contribute to preventing the risks;
(b) contributing to improving techniques and methods of response and rehabilitation after emergencies and to improving techniques for the evaluation of damage caused to the marine and coastal environment;
(c) contributing to providing better public information to help clarify risks and relaying accidents information;
(d) contributing to strengthening the cooperation of relevant local bodies and nature protection bodies as regards risk prevention and response;
(e) contributing to providing operational support, by mobilising experts mainly belonging to the Community task force, in emergency situations to Member States and to disseminating experience from such situations among Member States.
3. Each individual action shall be implemented in close cooperation with the competent authorities at national, regional and local levels in the Member States.
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
The Commission shall evaluate the implementation of the framework for cooperation at mid term and before its end, and report no later than 36 months after the entry into force of the Decision and thereafter six years after the entry into force of the Decision, to the European Parliament and to the Council. In its final report, the Commission shall, if appropriate, make proposals for new measures to continue this framework.
Decision 86/85/EEC shall be repealed.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States.
Done at Brussels, 20 December 2000.
For the European Parliament
The President
N. Fontaine
For the Council
J.-C. Gayssot
(1) OJ C 25, 30.1.1999, p. 20.
(2) OJ C 169, 16.6.1999, p. 16.
(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 82), Council Common Position of 17 December 2000 (OJ C 87, 24.3.2000, p. 1) and Decision of the European Parliament of 13 June 2000 (not yet published in the Official Journal). Decision of the European Parliament of 30 November 2000 and Decision of the Council of 5 December 2000.
(4) OJ C 162, 8.7.1978, p. 1, OJ L 355, 10.12.1981, p. 52, OJ L 77, 22.3.1986, p. 33 and OJ L 158, 25.6.1988, p. 32.
(5) OJ C 138, 17.5.1993, p. 5.
(6) See page 81 of this Official Journal.
(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ C 172, 18.6.1999, p. 1.
(9) OJ L 77, 22.3.1986, p. 33. Decision as amended by Decision 88/346/EEC (OJ L 158, 25.6.1988, p. 32).
COMPONENTS OF THE COMMUNITY INFORMATION SYSTEM
The Community information system will use a modern automatic data processing system. On the Internet site, there will be general background information at Community level on a Community home page and, on national home pages, information related to the national intervention resources available.
Separately, a printed part of the system will be maintained in the form of a Community operational loose-leaf booklet with information on emergency management in each Member State.
1. The Commission will open a website for the purpose of a general access page of the system and a Community home page.
2. Each Member State, within six months from the date the Decision enters into force, will:
(a) appoint the authority or authorities responsible for the management of the national part of the system, and inform the Commission thereof;
(b) open or maintain a national home page, or interconnected national home pages. This national home page or one of the interconnected national home pages will be connected with the whole system through the Community general access page of the system;
(c) fill in its national home page(s) with the relevant information, namely:
(i) a description of national structures and of links between national authorities in the field of accidental or deliberate marine pollution, including focal points to be addressed in questions of emergency response;
(ii) general information on existing teams and equipment for emergency response and clean-up, in particular:
– strike teams (seaborne) consisting of spill response vessels,
– strike teams (land-based) to combat shoreline pollution and to organise temporary storage as well as to conduct actions for the rehabilitation of sensitive coastal areas,
– expert teams to carry out environmental monitoring of pollution and/or the impact of the combating techniques used, including chemical dispersion,
– other mechanical, chemical and biological means for combating pollution at sea and cleaning up coasts, including systems for lightening of oil tankers,
– aircraft for aerial surveillance,
– location of stockpiles,
– emergency towage capacity,
– emergency number(s) for public use;
(iii) conditions for offering assistance.
Upon request the focal points will provide additional information.
3. Each Member State will update its national home page(s), specified in point 2, as soon as changes have occurred.
4. Each Member State will provide the Commission with its information on operational emergency management to be included in the Community operational loose-leaf booklet, including operational procedures for mobilisation and operational contact points with their references, within six months from the date the Decision enters into force.
5. Each Member State will notify to the Commission at the earliest opportunity any change related to the information contained in the loose-leaf booklet.
6. The Commission will make available to each Member State a copy of the loose-leaf booklet and provide any updating to the Member States.
The models for the Community and national home pages and further guidance for the implementation of the Community information system will be adopted in accordance with the procedure laid down in Article 4(2).
FINANCIAL ARRANGEMENTS FOR THE COMMUNITY CONTRIBUTION

Pending: 32000D0773

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 1258/1999(2), and in particular Article 24 thereof,Whereas:(1) Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of animal diseases.(2) Member States have submitted programmes for the monitoring of bovine spongiform encephalitis (BSE) in their countries.(3) After examination of the programmes they were found to comply with the Community criteria relating to the monitoring of this disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases(3), as last amended by Directive 92/65/EEC(4).(4) These programmes appear on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 2001 and which was established by Commission Decision 2000/639/EC(5).(5) Following recent developments of the BSE situation a revised testing programme has been exceptionally agreed on by the Community. This programme, as laid down in Commission Decision 2000/764/EC of 6 December 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies(6), foresees two testing phases. The first phase targets all cattle aged over 30 months subject to emergency slaughter or displaying clinical signs at slaughter as well as a random sample from dead-on-farm cattle (

Article 1
The Annex to Decision 2000/639/EC is replaced by the Annex to this Decision.

Article 2
1. The programme for the monitoring of BSE presented by Austria is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 197700.

Article 3
1. The programme for the monitoring of BSE presented by Belgium is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 171000.

Article 4
1. The programme for the monitoring of BSE presented by Denmark is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 321000.

Article 5
1. The programme for the monitoring of BSE presented by Germany is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 3450000.

Article 6
1. The programme for the monitoring of BSE presented by Greece is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 90000.

Article 7
1. The programme for the monitoring of BSE presented by Spain is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 1136000.

Article 8
1. The programme for the monitoring of BSE presented by France is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 4800000.

Article 9
1. The programme for the monitoring of BSE presented by Ireland is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 210000.

Article 10
1. The programme for the monitoring of BSE presented by Italy is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 2500000.

Article 11
1. The programme for the monitoring of BSE presented by Luxembourg is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 82500.

Article 12
1. The programme for the monitoring of BSE presented by the Netherlands is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 1260000.

Article 13
1. The programme for the monitoring of BSE presented by Portugal is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 180000.

Article 14
1. The programme for the monitoring of BSE presented by Finland is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 306000.

Article 15
1. The programme for the monitoring of BSE presented by Sweden is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 577800.

Article 16
1. The programme for the monitoring of BSE presented by the United Kingdom is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 270000.

Article 17
In addition to the measures foreseen in the programmes approved in Articles 2 to 16 financial participation by the Community shall also be granted for tests carried out in accordance with Article 1(3) of Decision 2000/764/EC provided that the applying Member State submits an amended programme to the Commission by 15 June 2001 at the latest.

Article 18
The financial participation by the Community for the programmes approved in Articles 2 to 16 shall be at the rate of 100 % of the cost (VAT excluded) of the purchase of test-kits and reagents up to a maximum of EUR 30 per test for tests carried out between 1 January and 31 December 2001 in animals referred to in Article 1(1) and (2) of Decision 2000/764/EC.

Article 19
This Decision shall be reviewed by 1 July 2001 in order to establish the financial participation by the Community for the period 1 July to 31 December 2001 for the programmes approved in Articles 2 to 16 for tests carried out in animals referred to in Article 1(3) of Decision 2000/764/EC.

Article 20
The financial contribution of the Community for the programmes referred to under Articles 2 to 16 shall be granted subject:
(a) to bringing into force by 1 January 2001 the laws, regulations and administrative provisions by the Member State concerned for implementing the programme,
(b) to forwarding a report to the Commission every two months on the progress of the programme and the costs incurred at the latest four weeks after the end of each reporting period,
(c) to forwarding a final report by 1 June 2002 at the latest on the technical execution of the programme accompanied by justifying evidence as to the costs incurred and the results attained during the period from 1 January to 31 December 2001,
(d) to implementing the programme efficiently,
and provided that Community veterinary legislation has been respected.

Article 21
This Decision shall enter into force on 1 January 2001.

Article 22
This Decision is addressed to the Member States.
Done at Brussels, 30 November 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.9.1990, p. 19.
(2) OJ L 160, 26.6.1999, p. 103.
(3) OJ L 347, 12.12.1990, p. 27.
(4) OJ L 268, 14.9.1992, p. 54.
(5) OJ L 269, 21.10.2000, p. 54.
(6) OJ L 305, 6.12.2000.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 1258/1999(2), and in particular Article 24 thereof,Whereas:(1) Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of animal diseases.(2) Member States have submitted programmes for the monitoring of bovine spongiform encephalitis (BSE) in their countries.(3) After examination of the programmes they were found to comply with the Community criteria relating to the monitoring of this disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases(3), as last amended by Directive 92/65/EEC(4).(4) These programmes appear on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 2001 and which was established by Commission Decision 2000/639/EC(5).(5) Following recent developments of the BSE situation a revised testing programme has been exceptionally agreed on by the Community. This programme, as laid down in Commission Decision 2000/764/EC of 6 December 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies(6), foresees two testing phases. The first phase targets all cattle aged over 30 months subject to emergency slaughter or displaying clinical signs at slaughter as well as a random sample from dead-on-farm cattle (
The Annex to Decision 2000/639/EC is replaced by the Annex to this Decision.
1. The programme for the monitoring of BSE presented by Austria is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 197700.
1. The programme for the monitoring of BSE presented by Belgium is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 171000.
1. The programme for the monitoring of BSE presented by Denmark is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 321000.
1. The programme for the monitoring of BSE presented by Germany is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 3450000.
1. The programme for the monitoring of BSE presented by Greece is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 90000.
1. The programme for the monitoring of BSE presented by Spain is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 1136000.
1. The programme for the monitoring of BSE presented by France is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 4800000.
1. The programme for the monitoring of BSE presented by Ireland is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 210000.
1. The programme for the monitoring of BSE presented by Italy is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 2500000.
1. The programme for the monitoring of BSE presented by Luxembourg is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 82500.
1. The programme for the monitoring of BSE presented by the Netherlands is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 1260000.
1. The programme for the monitoring of BSE presented by Portugal is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 180000.
1. The programme for the monitoring of BSE presented by Finland is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 306000.
1. The programme for the monitoring of BSE presented by Sweden is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 577800.
1. The programme for the monitoring of BSE presented by the United Kingdom is approved for the period from 1 January 2001 to 31 December 2001.
2. Financial participation by the Community shall be up to a maximum of EUR 270000.
In addition to the measures foreseen in the programmes approved in Articles 2 to 16 financial participation by the Community shall also be granted for tests carried out in accordance with Article 1(3) of Decision 2000/764/EC provided that the applying Member State submits an amended programme to the Commission by 15 June 2001 at the latest.
The financial participation by the Community for the programmes approved in Articles 2 to 16 shall be at the rate of 100 % of the cost (VAT excluded) of the purchase of test-kits and reagents up to a maximum of EUR 30 per test for tests carried out between 1 January and 31 December 2001 in animals referred to in Article 1(1) and (2) of Decision 2000/764/EC.
This Decision shall be reviewed by 1 July 2001 in order to establish the financial participation by the Community for the period 1 July to 31 December 2001 for the programmes approved in Articles 2 to 16 for tests carried out in animals referred to in Article 1(3) of Decision 2000/764/EC.
The financial contribution of the Community for the programmes referred to under Articles 2 to 16 shall be granted subject:
(a) to bringing into force by 1 January 2001 the laws, regulations and administrative provisions by the Member State concerned for implementing the programme,
(b) to forwarding a report to the Commission every two months on the progress of the programme and the costs incurred at the latest four weeks after the end of each reporting period,
(c) to forwarding a final report by 1 June 2002 at the latest on the technical execution of the programme accompanied by justifying evidence as to the costs incurred and the results attained during the period from 1 January to 31 December 2001,
(d) to implementing the programme efficiently,
and provided that Community veterinary legislation has been respected.
This Decision shall enter into force on 1 January 2001.
This Decision is addressed to the Member States.
Done at Brussels, 30 November 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.9.1990, p. 19.
(2) OJ L 160, 26.6.1999, p. 103.
(3) OJ L 347, 12.12.1990, p. 27.
(4) OJ L 268, 14.9.1992, p. 54.
(5) OJ L 269, 21.10.2000, p. 54.
(6) OJ L 305, 6.12.2000.
LIST OF PROGRAMMES FOR THE MONITORING OF BSE
Proposed rate and amount of the Community financial contribution

Pending: 32000D0746

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment(1), hereinafter referred to as “the sixth VAT Directive”, and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas:(1) In a letter registered by the Commission’s Secretariat-General on 17 May 2000, the Government of the French Republic requested authorisation on the basis of Article 27 of the Sixth VAT Directive to apply a measure derogating from Article 11(A)(1)(a) of the Directive.(2) Under Article 27(1) of the sixth VAT Directive, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.(3) In accordance with the said Article 27, the other Member States were informed of the request from the French Republic by letter dated 14 June 2000.(4) Article 11(A)(1)(a) of the sixth VAT Directive states that, in principle, the taxable amount in respect of supplies of goods and services shall be everything which constitutes the consideration which has been or is to be obtained by the supplier for such supplies from the purchaser, the customer or a third party.(5) The French Republic, by way of derogation from these provisions, has requested authorisation to include in the taxable amount for a transaction involving the working of investment gold the value of the raw material provided by the purchaser of the service and used to make the finished product.(6) The aim of the derogation is to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. It therefore meets the conditions set out in Article 27 of the sixth VAT Directive.(7) The forms of tax evasion or avoidance in question consist mainly of the initial purchase of VAT-exempt investment gold which is then worked to make jewellery or other goods, without VAT being charged on the value of investment gold included in the transaction concerned.(8) The derogation is granted until 31 December 2004, so that an assessment can be made as to whether it is appropriate in the light of changes in the practical application of the special system for investment gold established by Directive 98/80/EC(2).(9) The derogation has no negative impact on the European Communities’ own resources derived from value added tax,HAS ADOPTED THIS DECISION:Article 1The French Republic is authorised, by derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services comprising the working of tax-exempt investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.Article 2The authorisation granted under

Article 1
The French Republic is authorised, by derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services comprising the working of tax-exempt investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.

Article 2
The authorisation granted under Article 1 shall expire on 31 December 2004.

Article 3
This Decision is addressed to the French Republic.
Done at Brussels, 27 November 2000.
For the Council
The President
(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2000/65/EC (OJ L 269, 21.10.2000, p. 44).
(2) OJ L 281, 17.10.1998, p. 31.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment(1), hereinafter referred to as “the sixth VAT Directive”, and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas:(1) In a letter registered by the Commission’s Secretariat-General on 17 May 2000, the Government of the French Republic requested authorisation on the basis of Article 27 of the Sixth VAT Directive to apply a measure derogating from Article 11(A)(1)(a) of the Directive.(2) Under Article 27(1) of the sixth VAT Directive, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.(3) In accordance with the said Article 27, the other Member States were informed of the request from the French Republic by letter dated 14 June 2000.(4) Article 11(A)(1)(a) of the sixth VAT Directive states that, in principle, the taxable amount in respect of supplies of goods and services shall be everything which constitutes the consideration which has been or is to be obtained by the supplier for such supplies from the purchaser, the customer or a third party.(5) The French Republic, by way of derogation from these provisions, has requested authorisation to include in the taxable amount for a transaction involving the working of investment gold the value of the raw material provided by the purchaser of the service and used to make the finished product.(6) The aim of the derogation is to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. It therefore meets the conditions set out in Article 27 of the sixth VAT Directive.(7) The forms of tax evasion or avoidance in question consist mainly of the initial purchase of VAT-exempt investment gold which is then worked to make jewellery or other goods, without VAT being charged on the value of investment gold included in the transaction concerned.(8) The derogation is granted until 31 December 2004, so that an assessment can be made as to whether it is appropriate in the light of changes in the practical application of the special system for investment gold established by Directive 98/80/EC(2).(9) The derogation has no negative impact on the European Communities’ own resources derived from value added tax,HAS ADOPTED THIS DECISION:Article 1The French Republic is authorised, by derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services comprising the working of tax-exempt investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.Article 2The authorisation granted under
The French Republic is authorised, by derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services comprising the working of tax-exempt investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.
The authorisation granted under Article 1 shall expire on 31 December 2004.
This Decision is addressed to the French Republic.
Done at Brussels, 27 November 2000.
For the Council
The President
(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2000/65/EC (OJ L 269, 21.10.2000, p. 44).
(2) OJ L 281, 17.10.1998, p. 31.

Pending: 32000D0685

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EC of 26 June 1990 concerning the veterinary and zootechnical checks applicable to intra-Community trade of certain live animals and products for the completion of the internal market(1), has last amended by Directive 92/118/EC(2) and in particular Article 10(4) thereof,Whereas:(1) On 16 October 2000, Italian authorities confirmed cases of Bluetongue in Sicily and Calabria.(2) Following outbreaks in Sardinia the Commission adopted Decision 2000/598/EC(3) concerning certain protection measures against Bluetongue in this region.(3) In consideration of the situation prevailing in Sicily and Calabria, the same measures must be applied to those two newly infected regions.(4) The measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,

Article 1
Italy shall prohibit the dispatch of animals of the Bluetongue susceptible species (all ruminants), of their semen, embryos and ova from the territory of Sicily and Calabria regions.

Article 2
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 3
This Decision shall be reviewed in the light of the evolution of the situation and the results of the investigations and studies carried out by Italian authorities. This Decision shall apply until 30 November 2000.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 253, 7.10.2000, p. 47.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EC of 26 June 1990 concerning the veterinary and zootechnical checks applicable to intra-Community trade of certain live animals and products for the completion of the internal market(1), has last amended by Directive 92/118/EC(2) and in particular Article 10(4) thereof,Whereas:(1) On 16 October 2000, Italian authorities confirmed cases of Bluetongue in Sicily and Calabria.(2) Following outbreaks in Sardinia the Commission adopted Decision 2000/598/EC(3) concerning certain protection measures against Bluetongue in this region.(3) In consideration of the situation prevailing in Sicily and Calabria, the same measures must be applied to those two newly infected regions.(4) The measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,
Italy shall prohibit the dispatch of animals of the Bluetongue susceptible species (all ruminants), of their semen, embryos and ova from the territory of Sicily and Calabria regions.
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
This Decision shall be reviewed in the light of the evolution of the situation and the results of the investigations and studies carried out by Italian authorities. This Decision shall apply until 30 November 2000.
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 253, 7.10.2000, p. 47.

Pending: 32000D0680

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(1), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 17(4) thereof,Having regard to Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(2), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 21(4) thereof,Whereas:(1) Avian influenza and Newcastle disease are diseases which both affect avian species.(2) The criteria to be applied when drawing up contingency plans for the control of avian influenza and for Newcastle disease are laid down in Annex VI of Directive 92/40/EEC and in Annex VII of Directive 92/66/EEC, respectively.(3) The criteria for contingency plans listed in the two annexes referred to above are identical.(4) Disease control measures to be applied in the event of outbreaks of avian influenza or Newcastle disease follow the same principles and involve poultry producers, operators of slaughterhouses and rendering plants, veterinarians in the field and diagnostic laboratories. It is therefore possible to prepare a contingency plan which covers at the same time avian influenza and Newcastle disease.(5) Member States have submitted for approval national contingency plans which list and specify the measures to be carried out in the event of outbreaks of avian influenza and Newcastle disease.(6) After examination these plans fulfil the criteria laid down and permit the desired objective to be attained subject to an effective implementation.(7) Member States shall carry out scenario studies and stimulation exercises in order to ensure the effectiveness of the plans.(8) Member States have the obligation to update the plans on a regular basis.(9) The measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The contingency plans for the control of avian influenza and for Newcastle disease submitted by the Member States listed in the Annex are approved.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 30 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 167, 22.6.1992, p. 1.
(2) OJ L 260, 5.9.1992, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(1), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 17(4) thereof,Having regard to Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(2), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 21(4) thereof,Whereas:(1) Avian influenza and Newcastle disease are diseases which both affect avian species.(2) The criteria to be applied when drawing up contingency plans for the control of avian influenza and for Newcastle disease are laid down in Annex VI of Directive 92/40/EEC and in Annex VII of Directive 92/66/EEC, respectively.(3) The criteria for contingency plans listed in the two annexes referred to above are identical.(4) Disease control measures to be applied in the event of outbreaks of avian influenza or Newcastle disease follow the same principles and involve poultry producers, operators of slaughterhouses and rendering plants, veterinarians in the field and diagnostic laboratories. It is therefore possible to prepare a contingency plan which covers at the same time avian influenza and Newcastle disease.(5) Member States have submitted for approval national contingency plans which list and specify the measures to be carried out in the event of outbreaks of avian influenza and Newcastle disease.(6) After examination these plans fulfil the criteria laid down and permit the desired objective to be attained subject to an effective implementation.(7) Member States shall carry out scenario studies and stimulation exercises in order to ensure the effectiveness of the plans.(8) Member States have the obligation to update the plans on a regular basis.(9) The measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,
The contingency plans for the control of avian influenza and for Newcastle disease submitted by the Member States listed in the Annex are approved.
This Decision is addressed to the Member States.
Done at Brussels, 30 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 167, 22.6.1992, p. 1.
(2) OJ L 260, 5.9.1992, p. 1.

Pending: 32000D0657

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,Whereas:(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),HAS DECIDED AS FOLLOWS:Sole ArticleThe decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.Done at Brussels, 16 October 2000.For the CommissionMargot WallströmMember of the Commission(1) OJ L 251, 29.8.1992, p. 13.(2) OJ L 282, 20.10.1998, p. 12.(3) OJ L 33, 8.2.1979, p. 36.(4) OJ L 92, 13.4.1991, p. 42.(5) OJ L 262, 27.9.1976, p. 201.(6) OJ L 207, 6.8.1999, p. 18.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 198, 4.8.2000, p. 39.(9) OJ L 123, 24.4.1998, p. 1.(10) OJ 196, 16.8.1967, p. 1.ANNEXRESPONSE FORMS FOR IMPORTING COUNTRYThe European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)>PIC FILE= “L_2000275EN.004701.EPS”>>PIC FILE= “L_2000275EN.004801.EPS”>>PIC FILE= “L_2000275EN.004901.EPS”>>PIC FILE= “L_2000275EN.005001.EPS”>>PIC FILE= “L_2000275EN.005101.EPS”>>PIC FILE= “L_2000275EN.005201.EPS”>>PIC FILE= “L_2000275EN.005301.EPS”>>PIC FILE= “L_2000275EN.005401.EPS”>>PIC FILE= “L_2000275EN.005501.EPS”>>PIC FILE= “L_2000275EN.005601.EPS”>>PIC FILE= “L_2000275EN.005701.EPS”>>PIC FILE= “L_2000275EN.005801.EPS”>>PIC FILE= “L_2000275EN.005901.EPS”>>PIC FILE= “L_2000275EN.006001.EPS”>>PIC FILE= “L_2000275EN.006101.EPS”>>PIC FILE= “L_2000275EN.006201.EPS”>>PIC FILE= “L_2000275EN.006301.EPS”>>PIC FILE= “L_2000275EN.006401.EPS”>>PIC FILE= “L_2000275EN.006501.EPS”>>PIC FILE= “L_2000275EN.006601.EPS”>>PIC FILE= “L_2000275EN.006701.EPS”>>PIC FILE= “L_2000275EN.006801.EPS”>>PIC FILE= “L_2000275EN.006901.EPS”>>PIC FILE= “L_2000275EN.007001.EPS”>>PIC FILE= “L_2000275EN.007101.EPS”>>PIC FILE= “L_2000275EN.007201.EPS”>>PIC FILE= “L_2000275EN.007301.EPS”>>PIC FILE= “L_2000275EN.007401.EPS”>>PIC FILE= “L_2000275EN.007501.EPS”>>PIC FILE= “L_2000275EN.007601.EPS”>>PIC FILE= “L_2000275EN.007701.EPS”>>PIC FILE= “L_2000275EN.007801.EPS”>>PIC FILE= “L_2000275EN.007901.EPS”>>PIC FILE= “L_2000275EN.008001.EPS”>>PIC FILE= “L_2000275EN.008101.EPS”>>PIC FILE= “L_2000275EN.008201.EPS”>>PIC FILE= “L_2000275EN.008301.EPS”>>PIC FILE= “L_2000275EN.008401.EPS”>>PIC FILE= “L_2000275EN.008501.EPS”>>PIC FILE= “L_2000275EN.008601.EPS”>

Article 5
Commission Decisionof 16 October 2000adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals(notified under document number C(2000) 2685)(Text with EEA relevance)(2000/657/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,Whereas:(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),HAS DECIDED AS FOLLOWS:Sole ArticleThe decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.Done at Brussels, 16 October 2000.For the CommissionMargot WallströmMember of the Commission(1) OJ L 251, 29.8.1992, p. 13.(2) OJ L 282, 20.10.1998, p. 12.(3) OJ L 33, 8.2.1979, p. 36.(4) OJ L 92, 13.4.1991, p. 42.(5) OJ L 262, 27.9.1976, p. 201.(6) OJ L 207, 6.8.1999, p. 18.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 198, 4.8.2000, p. 39.(9) OJ L 123, 24.4.1998, p. 1.(10) OJ 196, 16.8.1967, p. 1.ANNEXRESPONSE FORMS FOR IMPORTING COUNTRYThe European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)>PIC FILE= “L_2000275EN.004701.EPS”>>PIC FILE= “L_2000275EN.004801.EPS”>>PIC FILE= “L_2000275EN.004901.EPS”>>PIC FILE= “L_2000275EN.005001.EPS”>>PIC FILE= “L_2000275EN.005101.EPS”>>PIC FILE= “L_2000275EN.005201.EPS”>>PIC FILE= “L_2000275EN.005301.EPS”>>PIC FILE= “L_2000275EN.005401.EPS”>>PIC FILE= “L_2000275EN.005501.EPS”>>PIC FILE= “L_2000275EN.005601.EPS”>>PIC FILE= “L_2000275EN.005701.EPS”>>PIC FILE= “L_2000275EN.005801.EPS”>>PIC FILE= “L_2000275EN.005901.EPS”>>PIC FILE= “L_2000275EN.006001.EPS”>>PIC FILE= “L_2000275EN.006101.EPS”>>PIC FILE= “L_2000275EN.006201.EPS”>>PIC FILE= “L_2000275EN.006301.EPS”>>PIC FILE= “L_2000275EN.006401.EPS”>>PIC FILE= “L_2000275EN.006501.EPS”>>PIC FILE= “L_2000275EN.006601.EPS”>>PIC FILE= “L_2000275EN.006701.EPS”>>PIC FILE= “L_2000275EN.006801.EPS”>>PIC FILE= “L_2000275EN.006901.EPS”>>PIC FILE= “L_2000275EN.007001.EPS”>>PIC FILE= “L_2000275EN.007101.EPS”>>PIC FILE= “L_2000275EN.007201.EPS”>>PIC FILE= “L_2000275EN.007301.EPS”>>PIC FILE= “L_2000275EN.007401.EPS”>>PIC FILE= “L_2000275EN.007501.EPS”>>PIC FILE= “L_2000275EN.007601.EPS”>>PIC FILE= “L_2000275EN.007701.EPS”>>PIC FILE= “L_2000275EN.007801.EPS”>>PIC FILE= “L_2000275EN.007901.EPS”>>PIC FILE= “L_2000275EN.008001.EPS”>>PIC FILE= “L_2000275EN.008101.EPS”>>PIC FILE= “L_2000275EN.008201.EPS”>>PIC FILE= “L_2000275EN.008301.EPS”>>PIC FILE= “L_2000275EN.008401.EPS”>>PIC FILE= “L_2000275EN.008501.EPS”>>PIC FILE= “L_2000275EN.008601.EPS”>
Commission Decision
of 16 October 2000
adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals
(notified under document number C(2000) 2685)
(Text with EEA relevance)
(2000/657/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,
Whereas:
(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.
(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.
(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.
(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.
(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.
(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.
(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.
(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),
HAS DECIDED AS FOLLOWS:
Sole Article
The decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.
Done at Brussels, 16 October 2000.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 251, 29.8.1992, p. 13.
(2) OJ L 282, 20.10.1998, p. 12.
(3) OJ L 33, 8.2.1979, p. 36.
(4) OJ L 92, 13.4.1991, p. 42.
(5) OJ L 262, 27.9.1976, p. 201.
(6) OJ L 207, 6.8.1999, p. 18.
(7) OJ L 230, 19.8.1991, p. 1.
(8) OJ L 198, 4.8.2000, p. 39.
(9) OJ L 123, 24.4.1998, p. 1.
(10) OJ 196, 16.8.1967, p. 1.
ANNEX
RESPONSE FORMS FOR IMPORTING COUNTRY
The European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)
>PIC FILE= “L_2000275EN.004701.EPS”>
>PIC FILE= “L_2000275EN.004801.EPS”>
>PIC FILE= “L_2000275EN.004901.EPS”>
>PIC FILE= “L_2000275EN.005001.EPS”>
>PIC FILE= “L_2000275EN.005101.EPS”>
>PIC FILE= “L_2000275EN.005201.EPS”>
>PIC FILE= “L_2000275EN.005301.EPS”>
>PIC FILE= “L_2000275EN.005401.EPS”>
>PIC FILE= “L_2000275EN.005501.EPS”>
>PIC FILE= “L_2000275EN.005601.EPS”>
>PIC FILE= “L_2000275EN.005701.EPS”>
>PIC FILE= “L_2000275EN.005801.EPS”>
>PIC FILE= “L_2000275EN.005901.EPS”>
>PIC FILE= “L_2000275EN.006001.EPS”>
>PIC FILE= “L_2000275EN.006101.EPS”>
>PIC FILE= “L_2000275EN.006201.EPS”>
>PIC FILE= “L_2000275EN.006301.EPS”>
>PIC FILE= “L_2000275EN.006401.EPS”>
>PIC FILE= “L_2000275EN.006501.EPS”>
>PIC FILE= “L_2000275EN.006601.EPS”>
>PIC FILE= “L_2000275EN.006701.EPS”>
>PIC FILE= “L_2000275EN.006801.EPS”>
>PIC FILE= “L_2000275EN.006901.EPS”>
>PIC FILE= “L_2000275EN.007001.EPS”>
>PIC FILE= “L_2000275EN.007101.EPS”>
>PIC FILE= “L_2000275EN.007201.EPS”>
>PIC FILE= “L_2000275EN.007301.EPS”>
>PIC FILE= “L_2000275EN.007401.EPS”>
>PIC FILE= “L_2000275EN.007501.EPS”>
>PIC FILE= “L_2000275EN.007601.EPS”>
>PIC FILE= “L_2000275EN.007701.EPS”>
>PIC FILE= “L_2000275EN.007801.EPS”>
>PIC FILE= “L_2000275EN.007901.EPS”>
>PIC FILE= “L_2000275EN.008001.EPS”>
>PIC FILE= “L_2000275EN.008101.EPS”>
>PIC FILE= “L_2000275EN.008201.EPS”>
>PIC FILE= “L_2000275EN.008301.EPS”>
>PIC FILE= “L_2000275EN.008401.EPS”>
>PIC FILE= “L_2000275EN.008501.EPS”>
>PIC FILE= “L_2000275EN.008601.EPS”>

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,Whereas:(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),HAS DECIDED AS FOLLOWS:Sole ArticleThe decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.Done at Brussels, 16 October 2000.For the CommissionMargot WallströmMember of the Commission(1) OJ L 251, 29.8.1992, p. 13.(2) OJ L 282, 20.10.1998, p. 12.(3) OJ L 33, 8.2.1979, p. 36.(4) OJ L 92, 13.4.1991, p. 42.(5) OJ L 262, 27.9.1976, p. 201.(6) OJ L 207, 6.8.1999, p. 18.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 198, 4.8.2000, p. 39.(9) OJ L 123, 24.4.1998, p. 1.(10) OJ 196, 16.8.1967, p. 1.ANNEXRESPONSE FORMS FOR IMPORTING COUNTRYThe European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)>PIC FILE= “L_2000275EN.004701.EPS”>>PIC FILE= “L_2000275EN.004801.EPS”>>PIC FILE= “L_2000275EN.004901.EPS”>>PIC FILE= “L_2000275EN.005001.EPS”>>PIC FILE= “L_2000275EN.005101.EPS”>>PIC FILE= “L_2000275EN.005201.EPS”>>PIC FILE= “L_2000275EN.005301.EPS”>>PIC FILE= “L_2000275EN.005401.EPS”>>PIC FILE= “L_2000275EN.005501.EPS”>>PIC FILE= “L_2000275EN.005601.EPS”>>PIC FILE= “L_2000275EN.005701.EPS”>>PIC FILE= “L_2000275EN.005801.EPS”>>PIC FILE= “L_2000275EN.005901.EPS”>>PIC FILE= “L_2000275EN.006001.EPS”>>PIC FILE= “L_2000275EN.006101.EPS”>>PIC FILE= “L_2000275EN.006201.EPS”>>PIC FILE= “L_2000275EN.006301.EPS”>>PIC FILE= “L_2000275EN.006401.EPS”>>PIC FILE= “L_2000275EN.006501.EPS”>>PIC FILE= “L_2000275EN.006601.EPS”>>PIC FILE= “L_2000275EN.006701.EPS”>>PIC FILE= “L_2000275EN.006801.EPS”>>PIC FILE= “L_2000275EN.006901.EPS”>>PIC FILE= “L_2000275EN.007001.EPS”>>PIC FILE= “L_2000275EN.007101.EPS”>>PIC FILE= “L_2000275EN.007201.EPS”>>PIC FILE= “L_2000275EN.007301.EPS”>>PIC FILE= “L_2000275EN.007401.EPS”>>PIC FILE= “L_2000275EN.007501.EPS”>>PIC FILE= “L_2000275EN.007601.EPS”>>PIC FILE= “L_2000275EN.007701.EPS”>>PIC FILE= “L_2000275EN.007801.EPS”>>PIC FILE= “L_2000275EN.007901.EPS”>>PIC FILE= “L_2000275EN.008001.EPS”>>PIC FILE= “L_2000275EN.008101.EPS”>>PIC FILE= “L_2000275EN.008201.EPS”>>PIC FILE= “L_2000275EN.008301.EPS”>>PIC FILE= “L_2000275EN.008401.EPS”>>PIC FILE= “L_2000275EN.008501.EPS”>>PIC FILE= “L_2000275EN.008601.EPS”>
Commission Decisionof 16 October 2000adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals(notified under document number C(2000) 2685)(Text with EEA relevance)(2000/657/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,Whereas:(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),HAS DECIDED AS FOLLOWS:Sole ArticleThe decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.Done at Brussels, 16 October 2000.For the CommissionMargot WallströmMember of the Commission(1) OJ L 251, 29.8.1992, p. 13.(2) OJ L 282, 20.10.1998, p. 12.(3) OJ L 33, 8.2.1979, p. 36.(4) OJ L 92, 13.4.1991, p. 42.(5) OJ L 262, 27.9.1976, p. 201.(6) OJ L 207, 6.8.1999, p. 18.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 198, 4.8.2000, p. 39.(9) OJ L 123, 24.4.1998, p. 1.(10) OJ 196, 16.8.1967, p. 1.ANNEXRESPONSE FORMS FOR IMPORTING COUNTRYThe European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)>PIC FILE= “L_2000275EN.004701.EPS”>>PIC FILE= “L_2000275EN.004801.EPS”>>PIC FILE= “L_2000275EN.004901.EPS”>>PIC FILE= “L_2000275EN.005001.EPS”>>PIC FILE= “L_2000275EN.005101.EPS”>>PIC FILE= “L_2000275EN.005201.EPS”>>PIC FILE= “L_2000275EN.005301.EPS”>>PIC FILE= “L_2000275EN.005401.EPS”>>PIC FILE= “L_2000275EN.005501.EPS”>>PIC FILE= “L_2000275EN.005601.EPS”>>PIC FILE= “L_2000275EN.005701.EPS”>>PIC FILE= “L_2000275EN.005801.EPS”>>PIC FILE= “L_2000275EN.005901.EPS”>>PIC FILE= “L_2000275EN.006001.EPS”>>PIC FILE= “L_2000275EN.006101.EPS”>>PIC FILE= “L_2000275EN.006201.EPS”>>PIC FILE= “L_2000275EN.006301.EPS”>>PIC FILE= “L_2000275EN.006401.EPS”>>PIC FILE= “L_2000275EN.006501.EPS”>>PIC FILE= “L_2000275EN.006601.EPS”>>PIC FILE= “L_2000275EN.006701.EPS”>>PIC FILE= “L_2000275EN.006801.EPS”>>PIC FILE= “L_2000275EN.006901.EPS”>>PIC FILE= “L_2000275EN.007001.EPS”>>PIC FILE= “L_2000275EN.007101.EPS”>>PIC FILE= “L_2000275EN.007201.EPS”>>PIC FILE= “L_2000275EN.007301.EPS”>>PIC FILE= “L_2000275EN.007401.EPS”>>PIC FILE= “L_2000275EN.007501.EPS”>>PIC FILE= “L_2000275EN.007601.EPS”>>PIC FILE= “L_2000275EN.007701.EPS”>>PIC FILE= “L_2000275EN.007801.EPS”>>PIC FILE= “L_2000275EN.007901.EPS”>>PIC FILE= “L_2000275EN.008001.EPS”>>PIC FILE= “L_2000275EN.008101.EPS”>>PIC FILE= “L_2000275EN.008201.EPS”>>PIC FILE= “L_2000275EN.008301.EPS”>>PIC FILE= “L_2000275EN.008401.EPS”>>PIC FILE= “L_2000275EN.008501.EPS”>>PIC FILE= “L_2000275EN.008601.EPS”>
Commission Decision
of 16 October 2000
adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals
(notified under document number C(2000) 2685)
(Text with EEA relevance)
(2000/657/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,
Whereas:
(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.
(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.
(3) Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.
(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.
(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.
(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States’ bans or severe restrictions, pending a Community decision.
(7) The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by Directive 91/188/EEC(4), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5), as last amended by Directive 1999/77/EC(6). Accordingly, a final decision on import should be taken for these substances.
(8) The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7), as last amended by Directive 2000/50/EC(8), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(9), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC(10),
HAS DECIDED AS FOLLOWS:
Sole Article
The decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.
Done at Brussels, 16 October 2000.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 251, 29.8.1992, p. 13.
(2) OJ L 282, 20.10.1998, p. 12.
(3) OJ L 33, 8.2.1979, p. 36.
(4) OJ L 92, 13.4.1991, p. 42.
(5) OJ L 262, 27.9.1976, p. 201.
(6) OJ L 207, 6.8.1999, p. 18.
(7) OJ L 230, 19.8.1991, p. 1.
(8) OJ L 198, 4.8.2000, p. 39.
(9) OJ L 123, 24.4.1998, p. 1.
(10) OJ 196, 16.8.1967, p. 1.
ANNEX
RESPONSE FORMS FOR IMPORTING COUNTRY
The European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)
>PIC FILE= “L_2000275EN.004701.EPS”>
>PIC FILE= “L_2000275EN.004801.EPS”>
>PIC FILE= “L_2000275EN.004901.EPS”>
>PIC FILE= “L_2000275EN.005001.EPS”>
>PIC FILE= “L_2000275EN.005101.EPS”>
>PIC FILE= “L_2000275EN.005201.EPS”>
>PIC FILE= “L_2000275EN.005301.EPS”>
>PIC FILE= “L_2000275EN.005401.EPS”>
>PIC FILE= “L_2000275EN.005501.EPS”>
>PIC FILE= “L_2000275EN.005601.EPS”>
>PIC FILE= “L_2000275EN.005701.EPS”>
>PIC FILE= “L_2000275EN.005801.EPS”>
>PIC FILE= “L_2000275EN.005901.EPS”>
>PIC FILE= “L_2000275EN.006001.EPS”>
>PIC FILE= “L_2000275EN.006101.EPS”>
>PIC FILE= “L_2000275EN.006201.EPS”>
>PIC FILE= “L_2000275EN.006301.EPS”>
>PIC FILE= “L_2000275EN.006401.EPS”>
>PIC FILE= “L_2000275EN.006501.EPS”>
>PIC FILE= “L_2000275EN.006601.EPS”>
>PIC FILE= “L_2000275EN.006701.EPS”>
>PIC FILE= “L_2000275EN.006801.EPS”>
>PIC FILE= “L_2000275EN.006901.EPS”>
>PIC FILE= “L_2000275EN.007001.EPS”>
>PIC FILE= “L_2000275EN.007101.EPS”>
>PIC FILE= “L_2000275EN.007201.EPS”>
>PIC FILE= “L_2000275EN.007301.EPS”>
>PIC FILE= “L_2000275EN.007401.EPS”>
>PIC FILE= “L_2000275EN.007501.EPS”>
>PIC FILE= “L_2000275EN.007601.EPS”>
>PIC FILE= “L_2000275EN.007701.EPS”>
>PIC FILE= “L_2000275EN.007801.EPS”>
>PIC FILE= “L_2000275EN.007901.EPS”>
>PIC FILE= “L_2000275EN.008001.EPS”>
>PIC FILE= “L_2000275EN.008101.EPS”>
>PIC FILE= “L_2000275EN.008201.EPS”>
>PIC FILE= “L_2000275EN.008301.EPS”>
>PIC FILE= “L_2000275EN.008401.EPS”>
>PIC FILE= “L_2000275EN.008501.EPS”>
>PIC FILE= “L_2000275EN.008601.EPS”>
RESPONSE FORMS FOR IMPORTING COUNTRY
The European Community (Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom and the members of the EEA Agreement: Iceland, Liechtenstein and Norway)
>PIC FILE= “L_2000275EN.004701.EPS”>
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Pending: 32000D0642

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 34(2)(c) thereof,Having regard to the initiative of the Republic of Finland,Having regard to the opinion of the European Parliament,Whereas:(1) The action plan to combat organised crime was approved by the Amsterdam European Council on 16 to 17 June 1997(1). The action plan recommended, in particular in recommendation 26(e), that there should be an improvement in cooperation between contact points competent to receive suspicious transaction reports pursuant to Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering(2).(2) All Member States have set up financial intelligence units (FIUs) to collect and analyse information received under the provisions of Directive 91/308/EEC with the aim of establishing links between suspicious financial transactions and underlying criminal activity in order to prevent and to combat money laundering.(3) Improvement of the mechanisms for exchanging information between the FIUs is one of the objectives recognised by the Money Laundering Experts’ Group set up within the Multidisciplinary Group on Organised Crime, along with an improvement in the exchange of information between FIUs and the investigating authorities in Member States and in the multidisciplinary organisation of FIUs, to incorporate knowledge of the financial, law enforcement and judicial sectors.(4) The Council conclusions of March 1995 highlighted the fact that the strengthening of systems for combating money laundering depends on closer cooperation between the different authorities involved in fighting it.(5) The second Commission report to the European Parliament and the Council on the implementation of Directive 91/308/EEC identifies the difficulties which still appear to prevent the communication and exchange of information between certain units having a different legal status.(6) It is necessary that close cooperation take place between the relevant authorities of the Member States involved in the fight against money laundering and that provision be made for direct communication between those authorities.(7) Arrangements have already been successfully adopted by Member States in relation to this matter based mainly on the principles laid down in the model memorandum of understanding proposed by the informal worldwide network of FIUs referred to as “the Egmont Group”.(8) Member States must organise the FIUs in such a way as to ensure that information and documents are submitted within a reasonable space of time.(9) This Decision does not affect any Convention or arrangement regarding mutual assistance in criminal matters between judicial authorities,HAS ADOPTED THIS DECISION:Article 11. Member States shall ensure that FIUs, set up or designated to receive disclosures of financial information for the purpose of combating money laundering shall cooperate to assemble, analyse and investigate relevant information within the FIU on any fact which might be an indication of money laundering in accordance with their national powers.2. For the purposes of paragraph 1, Member States shall ensure that FIUs exchange, spontaneously or on request and either in accordance with this Decision or in accordance with existing or future memoranda of understanding, any available information that may be relevant to the processing or analysis of information or to investigation by the FIU regarding financial transactions related to money laundering and the natural or legal persons involved.3. Where a Member State has designated a police authority as its FIU, it may supply information held by that FIU to be exchanged pursuant to this Decision to an authority of the receiving Member State designated for that purpose and being competent in the areas mentioned in paragraph 1.Article 21. Member States shall ensure that, for the purposes of this Decision, FIUs shall be a single unit for each Member State and shall correspond to the following definition:”A central, national unit which, in order to combat money laundering, is responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information which concern suspected proceeds of crime or are required by national legislation or regulation”.2. In the context of paragraph 1, a Member State may establish a central unit for the purpose of receiving or transmitting information to or from decentralised agencies.3. Member States shall indicate the unit which is an FIU within the meaning of this Article. They shall notify this information to the General Secretariat of the Council in writing. This notification does not affect the current relations concerning cooperation between the FIUs.Article 3Member States shall ensure that the performance of the functions of the FIUs under this Decision shall not be affected by their internal status, regardless of whether they are administrative, law enforcement or judicial authorities.Article 41. Each request made under this Decision shall be accompanied by a brief statement of the relevant facts known to the requesting FIU. The FIU shall specify in the request how the information sought will be used.2. When a request is made in accordance with this Decision, the requested FIU shall provide all relevant information, including available financial information and requested law enforcement data, sought in the request, without the need for a formal letter of request under applicable conventions or agreements between Member States.3. An FIU may refuse to divulge information which could lead to impairment of a criminal investigation being conducted in the requested Member State or, in exceptional circumstances, where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State concerned or would otherwise not be in accordance with fundamental principles of national law. Any such refusal shall be appropriately explained to the FIU requesting the information.Article 51. Information or documents obtained under this Decision are intended to be used for the purposes laid down in

Article 1
1. Member States shall ensure that FIUs, set up or designated to receive disclosures of financial information for the purpose of combating money laundering shall cooperate to assemble, analyse and investigate relevant information within the FIU on any fact which might be an indication of money laundering in accordance with their national powers.
2. For the purposes of paragraph 1, Member States shall ensure that FIUs exchange, spontaneously or on request and either in accordance with this Decision or in accordance with existing or future memoranda of understanding, any available information that may be relevant to the processing or analysis of information or to investigation by the FIU regarding financial transactions related to money laundering and the natural or legal persons involved.
3. Where a Member State has designated a police authority as its FIU, it may supply information held by that FIU to be exchanged pursuant to this Decision to an authority of the receiving Member State designated for that purpose and being competent in the areas mentioned in paragraph 1.

Article 2
1. Member States shall ensure that, for the purposes of this Decision, FIUs shall be a single unit for each Member State and shall correspond to the following definition:”A central, national unit which, in order to combat money laundering, is responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information which concern suspected proceeds of crime or are required by national legislation or regulation”.
2. In the context of paragraph 1, a Member State may establish a central unit for the purpose of receiving or transmitting information to or from decentralised agencies.
3. Member States shall indicate the unit which is an FIU within the meaning of this Article. They shall notify this information to the General Secretariat of the Council in writing. This notification does not affect the current relations concerning cooperation between the FIUs.

Article 3
Member States shall ensure that the performance of the functions of the FIUs under this Decision shall not be affected by their internal status, regardless of whether they are administrative, law enforcement or judicial authorities.

Article 4
1. Each request made under this Decision shall be accompanied by a brief statement of the relevant facts known to the requesting FIU. The FIU shall specify in the request how the information sought will be used.
2. When a request is made in accordance with this Decision, the requested FIU shall provide all relevant information, including available financial information and requested law enforcement data, sought in the request, without the need for a formal letter of request under applicable conventions or agreements between Member States.
3. An FIU may refuse to divulge information which could lead to impairment of a criminal investigation being conducted in the requested Member State or, in exceptional circumstances, where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State concerned or would otherwise not be in accordance with fundamental principles of national law. Any such refusal shall be appropriately explained to the FIU requesting the information.

Article 5
1. Information or documents obtained under this Decision are intended to be used for the purposes laid down in Article 1(1).
2. When transmitting information or documents pursuant to this Decision, the transmitting FIU may impose restrictions and conditions on the use of information for purposes other than those stipulated in paragraph 1. The receiving FIU shall comply with any such restrictions and conditions.
3. Where a Member State wishes to use transmitted information or documents for criminal investigations or prosecutions for the purposes laid down in Article 1(1), the transmitting Member State may not refuse its consent to such use unless it does so on the basis of restrictions under its national law or conditions referred to in Article 4(3). Any refusal to grant consent shall be appropriately explained.
4. FIUs shall undertake all necessary measures, including security measures, to ensure that information submitted under this Decision is not accessible by any other authorities, agencies or departments.
5. The information submitted will be protected, in conformity with the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and taking account of Recommendation No R(87)15 of 15 September 1987 of the Council of Europe Regulating the Use of Personal Data in the Police Sector, by at least the same rules of confidentiality and protection of personal data as those that apply under the national legislation applicable to the requesting FIU.

Article 6
1. FIUs may, within the limits of the applicable national law and without a request to that effect, exchange relevant information.
2. Article 5 shall apply in relation to information forwarded under this Article.

Article 7
Member States shall provide for, and agree on, appropriate and protected channels of communication between FIUs.

Article 8
This Decision shall be implemented without prejudice to the Member States’ obligations towards Europol, as they have been laid down in the Europol Convention.

Article 9
1. To the extent that the level of cooperation between FIUs, as expressed in memoranda of understanding concluded or to be concluded between authorities of the Member States, is compatible with this Decision or goes further than the provisions thereof, it shall remain unaffected by this Decision. Where the provisions of this Decision go further than the provisions of any memorandum of understanding concluded between the authorities of Member States, this Decision shall supersede such memoranda of understanding two years after this Decision takes effect.
2. The Member States shall ensure that they are able to cooperate fully in accordance with the provisions of this Decision at the latest three years after this Decision takes effect.
3. The Council will assess Member States’ compliance with this Decision within four years of the date on which it takes effect, and may decide to continue such assessments on a regular basis.

Article 10
This Decision shall apply to Gibraltar. To this effect, notwithstanding Article 2, the United Kingdom may notify to the General Secretariat of the Council an FIU in Gibraltar.

Article 11
This Decision shall take effect on 17 October 2000.
Done at Luxembourg, 17 October 2000.
For the Council
The President
(1) OJ C 251, 15.8.1997, p. 1.
(2) OJ L 166, 28.6.1991, p. 77.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 34(2)(c) thereof,Having regard to the initiative of the Republic of Finland,Having regard to the opinion of the European Parliament,Whereas:(1) The action plan to combat organised crime was approved by the Amsterdam European Council on 16 to 17 June 1997(1). The action plan recommended, in particular in recommendation 26(e), that there should be an improvement in cooperation between contact points competent to receive suspicious transaction reports pursuant to Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering(2).(2) All Member States have set up financial intelligence units (FIUs) to collect and analyse information received under the provisions of Directive 91/308/EEC with the aim of establishing links between suspicious financial transactions and underlying criminal activity in order to prevent and to combat money laundering.(3) Improvement of the mechanisms for exchanging information between the FIUs is one of the objectives recognised by the Money Laundering Experts’ Group set up within the Multidisciplinary Group on Organised Crime, along with an improvement in the exchange of information between FIUs and the investigating authorities in Member States and in the multidisciplinary organisation of FIUs, to incorporate knowledge of the financial, law enforcement and judicial sectors.(4) The Council conclusions of March 1995 highlighted the fact that the strengthening of systems for combating money laundering depends on closer cooperation between the different authorities involved in fighting it.(5) The second Commission report to the European Parliament and the Council on the implementation of Directive 91/308/EEC identifies the difficulties which still appear to prevent the communication and exchange of information between certain units having a different legal status.(6) It is necessary that close cooperation take place between the relevant authorities of the Member States involved in the fight against money laundering and that provision be made for direct communication between those authorities.(7) Arrangements have already been successfully adopted by Member States in relation to this matter based mainly on the principles laid down in the model memorandum of understanding proposed by the informal worldwide network of FIUs referred to as “the Egmont Group”.(8) Member States must organise the FIUs in such a way as to ensure that information and documents are submitted within a reasonable space of time.(9) This Decision does not affect any Convention or arrangement regarding mutual assistance in criminal matters between judicial authorities,HAS ADOPTED THIS DECISION:Article 11. Member States shall ensure that FIUs, set up or designated to receive disclosures of financial information for the purpose of combating money laundering shall cooperate to assemble, analyse and investigate relevant information within the FIU on any fact which might be an indication of money laundering in accordance with their national powers.2. For the purposes of paragraph 1, Member States shall ensure that FIUs exchange, spontaneously or on request and either in accordance with this Decision or in accordance with existing or future memoranda of understanding, any available information that may be relevant to the processing or analysis of information or to investigation by the FIU regarding financial transactions related to money laundering and the natural or legal persons involved.3. Where a Member State has designated a police authority as its FIU, it may supply information held by that FIU to be exchanged pursuant to this Decision to an authority of the receiving Member State designated for that purpose and being competent in the areas mentioned in paragraph 1.Article 21. Member States shall ensure that, for the purposes of this Decision, FIUs shall be a single unit for each Member State and shall correspond to the following definition:”A central, national unit which, in order to combat money laundering, is responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information which concern suspected proceeds of crime or are required by national legislation or regulation”.2. In the context of paragraph 1, a Member State may establish a central unit for the purpose of receiving or transmitting information to or from decentralised agencies.3. Member States shall indicate the unit which is an FIU within the meaning of this Article. They shall notify this information to the General Secretariat of the Council in writing. This notification does not affect the current relations concerning cooperation between the FIUs.Article 3Member States shall ensure that the performance of the functions of the FIUs under this Decision shall not be affected by their internal status, regardless of whether they are administrative, law enforcement or judicial authorities.Article 41. Each request made under this Decision shall be accompanied by a brief statement of the relevant facts known to the requesting FIU. The FIU shall specify in the request how the information sought will be used.2. When a request is made in accordance with this Decision, the requested FIU shall provide all relevant information, including available financial information and requested law enforcement data, sought in the request, without the need for a formal letter of request under applicable conventions or agreements between Member States.3. An FIU may refuse to divulge information which could lead to impairment of a criminal investigation being conducted in the requested Member State or, in exceptional circumstances, where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State concerned or would otherwise not be in accordance with fundamental principles of national law. Any such refusal shall be appropriately explained to the FIU requesting the information.Article 51. Information or documents obtained under this Decision are intended to be used for the purposes laid down in
1. Member States shall ensure that FIUs, set up or designated to receive disclosures of financial information for the purpose of combating money laundering shall cooperate to assemble, analyse and investigate relevant information within the FIU on any fact which might be an indication of money laundering in accordance with their national powers.
2. For the purposes of paragraph 1, Member States shall ensure that FIUs exchange, spontaneously or on request and either in accordance with this Decision or in accordance with existing or future memoranda of understanding, any available information that may be relevant to the processing or analysis of information or to investigation by the FIU regarding financial transactions related to money laundering and the natural or legal persons involved.
3. Where a Member State has designated a police authority as its FIU, it may supply information held by that FIU to be exchanged pursuant to this Decision to an authority of the receiving Member State designated for that purpose and being competent in the areas mentioned in paragraph 1.
1. Member States shall ensure that, for the purposes of this Decision, FIUs shall be a single unit for each Member State and shall correspond to the following definition:”A central, national unit which, in order to combat money laundering, is responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information which concern suspected proceeds of crime or are required by national legislation or regulation”.
2. In the context of paragraph 1, a Member State may establish a central unit for the purpose of receiving or transmitting information to or from decentralised agencies.
3. Member States shall indicate the unit which is an FIU within the meaning of this Article. They shall notify this information to the General Secretariat of the Council in writing. This notification does not affect the current relations concerning cooperation between the FIUs.
Member States shall ensure that the performance of the functions of the FIUs under this Decision shall not be affected by their internal status, regardless of whether they are administrative, law enforcement or judicial authorities.
1. Each request made under this Decision shall be accompanied by a brief statement of the relevant facts known to the requesting FIU. The FIU shall specify in the request how the information sought will be used.
2. When a request is made in accordance with this Decision, the requested FIU shall provide all relevant information, including available financial information and requested law enforcement data, sought in the request, without the need for a formal letter of request under applicable conventions or agreements between Member States.
3. An FIU may refuse to divulge information which could lead to impairment of a criminal investigation being conducted in the requested Member State or, in exceptional circumstances, where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State concerned or would otherwise not be in accordance with fundamental principles of national law. Any such refusal shall be appropriately explained to the FIU requesting the information.
1. Information or documents obtained under this Decision are intended to be used for the purposes laid down in Article 1(1).
2. When transmitting information or documents pursuant to this Decision, the transmitting FIU may impose restrictions and conditions on the use of information for purposes other than those stipulated in paragraph 1. The receiving FIU shall comply with any such restrictions and conditions.
3. Where a Member State wishes to use transmitted information or documents for criminal investigations or prosecutions for the purposes laid down in Article 1(1), the transmitting Member State may not refuse its consent to such use unless it does so on the basis of restrictions under its national law or conditions referred to in Article 4(3). Any refusal to grant consent shall be appropriately explained.
4. FIUs shall undertake all necessary measures, including security measures, to ensure that information submitted under this Decision is not accessible by any other authorities, agencies or departments.
5. The information submitted will be protected, in conformity with the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and taking account of Recommendation No R(87)15 of 15 September 1987 of the Council of Europe Regulating the Use of Personal Data in the Police Sector, by at least the same rules of confidentiality and protection of personal data as those that apply under the national legislation applicable to the requesting FIU.
1. FIUs may, within the limits of the applicable national law and without a request to that effect, exchange relevant information.
2. Article 5 shall apply in relation to information forwarded under this Article.
Member States shall provide for, and agree on, appropriate and protected channels of communication between FIUs.
This Decision shall be implemented without prejudice to the Member States’ obligations towards Europol, as they have been laid down in the Europol Convention.
1. To the extent that the level of cooperation between FIUs, as expressed in memoranda of understanding concluded or to be concluded between authorities of the Member States, is compatible with this Decision or goes further than the provisions thereof, it shall remain unaffected by this Decision. Where the provisions of this Decision go further than the provisions of any memorandum of understanding concluded between the authorities of Member States, this Decision shall supersede such memoranda of understanding two years after this Decision takes effect.
2. The Member States shall ensure that they are able to cooperate fully in accordance with the provisions of this Decision at the latest three years after this Decision takes effect.
3. The Council will assess Member States’ compliance with this Decision within four years of the date on which it takes effect, and may decide to continue such assessments on a regular basis.
This Decision shall apply to Gibraltar. To this effect, notwithstanding Article 2, the United Kingdom may notify to the General Secretariat of the Council an FIU in Gibraltar.
This Decision shall take effect on 17 October 2000.
Done at Luxembourg, 17 October 2000.
For the Council
The President
(1) OJ C 251, 15.8.1997, p. 1.
(2) OJ L 166, 28.6.1991, p. 77.

Pending: 32000D0626

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 97/73/EC(2),Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 1199/97(4), and in particular Article 7(3a)(b) thereof,Whereas:(1) Commission Regulation (EC) No 933/94(5), as last amended by Regulation (EC) No 2230/95(6) has laid down the active substances of plant protection products, designated by the rapporteur Member States for the implementation of Regulation (EEC) No 3600/92 and identified the notifiers for each active substance.(2) Chlozolinate is one of the 90 active substances covered by the first stage of the work programme provided for in Article 8(2) of Directive 91/414/EEC.(3) In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, Greece, being the designated rapporteur Member State, submitted to the Commission, on 3 November 1997 the report of its assessment of the information submitted by the sole notifier in accordance with the provisions of Article 6(1) of this Regulation.(4) The submitted report has been reviewed by the Member States and the Commission within the Standing Committee on Plant Health. This review was finalised on 30 November 1999 in the format of the Commission review report for chlozolinate, in accordance with the provisions of Article 7(6) of Regulation (EC) No 3600/92.(5) It has appeared from the assessments made that the submitted information is not sufficient to demonstrate that plant protection products containing the active substance concerned satisfy the requirements laid down in Articles 5(1)(a) and (b) and 5(2)(b) of Directive 91/414/EEC.(6) The sole notifier informed the Commission and the rapporteur Member State that it no longer wished to participate in the programme of work for this active substance. Therefore, further information required to fully comply with the requirements of Directive 91/414/EEC will not be submitted.(7) Therefore, it is not possible to include this active substance in Annex I to Directive 91/414/EEC.(8) A period of grace for disposal, storage, placing on the market and use of existing stocks in accordance with the provisions of Article 4(6) of Directive 91/414/EEC has to be provided.(9) This Decision does not prejudice any action the Commission may undertake at a later stage for this active substance within the framework of Council Directive 79/117/EEC(7).(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

Article 1
Chlozolinate is not included as active substance in Annex I to Directive 91/414/EEC.

Article 2
The Member States shall ensure:
1. that authorisations for plant protection products containing chlozolinate are withdrawn within a period of six months from the date of adoption of the present Decision;
2. that from the date of adoption of the present Decision no authorisations for plant protection products containing chlozolinate will be granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC.

Article 3
Member States shall grant a period of grace for disposal, storage, placing on the market and use of existing stocks in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, which is as short as possible and not longer than 18 monhts from the date of the adoption of the present Decision.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 13 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 353, 24.12.1997, p. 26.
(3) OJ L 366, 15.12.1992, p. 10.
(4) OJ L 170, 28.6.1997, p. 19.
(5) OJ L 107, 28.4.1994, p. 8.
(6) OJ L 225, 22.9.1995, p. 1.
(7) OJ L 33, 8.2.1979, p. 36.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 97/73/EC(2),Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 1199/97(4), and in particular Article 7(3a)(b) thereof,Whereas:(1) Commission Regulation (EC) No 933/94(5), as last amended by Regulation (EC) No 2230/95(6) has laid down the active substances of plant protection products, designated by the rapporteur Member States for the implementation of Regulation (EEC) No 3600/92 and identified the notifiers for each active substance.(2) Chlozolinate is one of the 90 active substances covered by the first stage of the work programme provided for in Article 8(2) of Directive 91/414/EEC.(3) In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, Greece, being the designated rapporteur Member State, submitted to the Commission, on 3 November 1997 the report of its assessment of the information submitted by the sole notifier in accordance with the provisions of Article 6(1) of this Regulation.(4) The submitted report has been reviewed by the Member States and the Commission within the Standing Committee on Plant Health. This review was finalised on 30 November 1999 in the format of the Commission review report for chlozolinate, in accordance with the provisions of Article 7(6) of Regulation (EC) No 3600/92.(5) It has appeared from the assessments made that the submitted information is not sufficient to demonstrate that plant protection products containing the active substance concerned satisfy the requirements laid down in Articles 5(1)(a) and (b) and 5(2)(b) of Directive 91/414/EEC.(6) The sole notifier informed the Commission and the rapporteur Member State that it no longer wished to participate in the programme of work for this active substance. Therefore, further information required to fully comply with the requirements of Directive 91/414/EEC will not be submitted.(7) Therefore, it is not possible to include this active substance in Annex I to Directive 91/414/EEC.(8) A period of grace for disposal, storage, placing on the market and use of existing stocks in accordance with the provisions of Article 4(6) of Directive 91/414/EEC has to be provided.(9) This Decision does not prejudice any action the Commission may undertake at a later stage for this active substance within the framework of Council Directive 79/117/EEC(7).(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Chlozolinate is not included as active substance in Annex I to Directive 91/414/EEC.
The Member States shall ensure:
1. that authorisations for plant protection products containing chlozolinate are withdrawn within a period of six months from the date of adoption of the present Decision;
2. that from the date of adoption of the present Decision no authorisations for plant protection products containing chlozolinate will be granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC.
Member States shall grant a period of grace for disposal, storage, placing on the market and use of existing stocks in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, which is as short as possible and not longer than 18 monhts from the date of the adoption of the present Decision.
This Decision is addressed to the Member States.
Done at Brussels, 13 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 353, 24.12.1997, p. 26.
(3) OJ L 366, 15.12.1992, p. 10.
(4) OJ L 170, 28.6.1997, p. 19.
(5) OJ L 107, 28.4.1994, p. 8.
(6) OJ L 225, 22.9.1995, p. 1.
(7) OJ L 33, 8.2.1979, p. 36.

Pending: 32000D0598

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable to intra-Community trade of certain live animals and products for the completion of the internal market(1), last amended by Directive 92/118/EEC(2) and in particular Article 10(4),Whereas:(1) On 25 August 2000 Italy informed the Commission on a number of suspected clinical cases of bluetongue in sheep holdings in the province of Cagliari, in the southern part of the island of Sardinia; the occurence of bluetongue was confirmed on 30 August 2000.(2) Italian authorities adopted on 28 August 2000 a ban of movements of the bluetongue susceptible species, of their semen, ova and embryos from the territory of Sardinia, in order to avoid any spread of disease from this island. Rigorous restrictions on the movements of the bluetongue susceptible species have also been enforced within Sardinia.(3) Further disease control measures have been adopted in relation to this outbreak by the Italian authorities, including the establishment of protection and surveillance zones, epidemiological investigations and specific studies aimed at establishing the distribution of bluetongue virus vectors and the potential spread of disease into Sardinia.(4) Bluetongue is included in List A of the Office International des Epizooties (OIE) and its spread constitutes a serious hazard for the Community and could have international consequences for trade.(5) For reasons of clarity and transparency it is advisable to adopt at Community level disease control measures concerning the movement of animals of the bluetongue susceptible species and of their semen, ova and embryos from the territory of Sardinia. These measures reflect the measures already adopted by the Italian authorities.(6) The meassures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,

Article 1
Italy shall prohibit the dispatch of animals of the bluetongue susceptible species (all ruminants), of their semen, embryos and ova from the territory of Sardinia.

Article 2
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 3
This Decision shall be reviewed in the light of the evolution of the situation and the results of the investigations and studies carried out by the Italian authorities. This Decision shall apply until 30 November 2000.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 3 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable to intra-Community trade of certain live animals and products for the completion of the internal market(1), last amended by Directive 92/118/EEC(2) and in particular Article 10(4),Whereas:(1) On 25 August 2000 Italy informed the Commission on a number of suspected clinical cases of bluetongue in sheep holdings in the province of Cagliari, in the southern part of the island of Sardinia; the occurence of bluetongue was confirmed on 30 August 2000.(2) Italian authorities adopted on 28 August 2000 a ban of movements of the bluetongue susceptible species, of their semen, ova and embryos from the territory of Sardinia, in order to avoid any spread of disease from this island. Rigorous restrictions on the movements of the bluetongue susceptible species have also been enforced within Sardinia.(3) Further disease control measures have been adopted in relation to this outbreak by the Italian authorities, including the establishment of protection and surveillance zones, epidemiological investigations and specific studies aimed at establishing the distribution of bluetongue virus vectors and the potential spread of disease into Sardinia.(4) Bluetongue is included in List A of the Office International des Epizooties (OIE) and its spread constitutes a serious hazard for the Community and could have international consequences for trade.(5) For reasons of clarity and transparency it is advisable to adopt at Community level disease control measures concerning the movement of animals of the bluetongue susceptible species and of their semen, ova and embryos from the territory of Sardinia. These measures reflect the measures already adopted by the Italian authorities.(6) The meassures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,
Italy shall prohibit the dispatch of animals of the bluetongue susceptible species (all ruminants), of their semen, embryos and ova from the territory of Sardinia.
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
This Decision shall be reviewed in the light of the evolution of the situation and the results of the investigations and studies carried out by the Italian authorities. This Decision shall apply until 30 November 2000.
This Decision is addressed to the Member States.
Done at Brussels, 3 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.