Pending: 32003D0881

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1), and in particular Article 17(2)(b), the first indent of Article 18(1) and Article 19(b) thereof,Whereas:(1) Commission Decision 2000/462/EC of 12 July 2000 concerning the health certification for imports of bees/hives, queens and their attendants from third countries(2) lays down the health certification conditions for such imports from third countries, as required by Directive 92/65/EEC.(2) The small hive beetle (Aethina tumida) is an exotic pest affecting honey bees that has spread from various African countries to a number of other third countries, thereby creating serious problems for the apiculture industry. An effective and safe treatment against this pest is at present not available. If introduced, the small hive beetle poses a risk to the sustainability of the apiculture industry in the Community, and hence to agriculture and the environment, owing to the resultant disruption of pollination.(3) The small hive beetle is not yet listed in the list of diseases maintained by the International Office of Epizootic Diseases (OIE). For this reason the extent of infestation in third countries is not known.(4) The Tropilaelaps mite (Tropilaelaps spp.) is an exotic pest of honey bees which is spreading in various third countries, thereby creating serious problems for the apiculture industry. If introduced, it could also have similar severe consequences for the sustainability of the apiculture industry in the Community.(5) Pursuant to Regulation (EC) No 1398/2003, the presence of the small hive beetle and the Tropilaelaps mite in the Community is subject to compulsory notification through their listing under Directive 92/65/EEC. At present there have been no reports that either has been found in the Community.(6) Apart from making the presence of these pests notifiable within the Community, it is therefore necessary to lay down additional requirements for the importation of bees from certain third countries to limit the risk of introducing the small hive beetle and the Tropilaelaps mite into the Community, in the interest of protecting the Community’s status as regards apiculture health.(7) Only queen bees accompanied by a small number of attendants in single queen bee cages can be easily checked for infestation with the small hive beetle and Tropilaelaps mite, and therefore imports of bees should in principle be limited to such consignments.(8) However, there is no evidence that the Tropilaelaps mite can infest colonies of bumble bees (Bombus spp.). In addition, the small hive beetle has only been shown to infest bumble bee colonies under experimental conditions, and there is no documented evidence that the small hive beetle is able to infest bumble bee colonies in the natural environment. Also, small colonies of bumble bees bred and reared under environmentally controlled conditions may be traded for the horticultural industry in particular, while the importation of queen bumble bees from the wild may also remain necessary for breeding purposes. In view of this, the importation of bumble bees (Bombus spp.) should be authorised also for small consignments bred and reared solely under environmentally controlled conditions within recognised establishments and which can be assured to be free of the small hive beetle.(9) In the interest of the clarity of Community legislation, and to ensure further harmonisation of Community animal health requirements upon importation, Decision 2000/462/EC should therefore be repealed and replaced by the provisions of this Decision restricting the authorisation of imports to queen bees (Apis mellifera) and queen bumble bees (Bombus spp.) with a small number of attendants, or to small colonies of bumble bees (Bombus spp.) bred under environmentally controlled conditions within recognised establishments.(10) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(3) lays down standards of certification which are necessary for valid certification and to prevent fraud; it is appropriate to ensure that the rules and principles applied by third country certifying officers provide guarantees which are at least equivalent to those laid down in this Directive and therefore only those countries listed in Part I of the Annex to Council Decision 79/542/EEC(4) should be authorised for importation of bees into the Community.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 11. Member States shall authorise the importation of bees (Apis mellifera and Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with:- they come from third countries or parts thereof listed in part 1 of the Annex to Decision 79/542/EEC and,- they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen,- the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage.2. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies.3. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.Article 2By derogation from

Article 1
1. Member States shall authorise the importation of bees (Apis mellifera and Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with:
– they come from third countries or parts thereof listed in part 1 of the Annex to Decision 79/542/EEC and,
– they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen,
– the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage.
2. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies.
3. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.

Article 2
By derogation from Article 1(1), second and third indents, Member States shall also authorise the imports of consignments of bumble bees (Bombus spp.) limited to a single colony containing a maximum of 200 adult bumble bees per container, which are accompanied by a health certificate in accordance with the specimen set out in Annex II and complying with the guarantees laid down in this specimen. In this case, and by derogation from Article 1(2) and (3), it shall be sufficient that the container and all material that accompanied the bumble bees from the third country of origin be destroyed either during or immediately at the end of the lifespan of the colony.

Article 3
Decision 2000/462/EC is repealed.

Article 4
This Decision shall apply from 27 December 2003.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 11 December 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 14.9.1992, p. 54, as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 98, 6.8.2003, p. 3).
(2) OJ L 183, 12.7.2000, p. 18.
(3) OJ L 13, 16.1.1997, p. 28.
(4) OJ L 146, 14.6.1979, p. 15.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1), and in particular Article 17(2)(b), the first indent of Article 18(1) and Article 19(b) thereof,Whereas:(1) Commission Decision 2000/462/EC of 12 July 2000 concerning the health certification for imports of bees/hives, queens and their attendants from third countries(2) lays down the health certification conditions for such imports from third countries, as required by Directive 92/65/EEC.(2) The small hive beetle (Aethina tumida) is an exotic pest affecting honey bees that has spread from various African countries to a number of other third countries, thereby creating serious problems for the apiculture industry. An effective and safe treatment against this pest is at present not available. If introduced, the small hive beetle poses a risk to the sustainability of the apiculture industry in the Community, and hence to agriculture and the environment, owing to the resultant disruption of pollination.(3) The small hive beetle is not yet listed in the list of diseases maintained by the International Office of Epizootic Diseases (OIE). For this reason the extent of infestation in third countries is not known.(4) The Tropilaelaps mite (Tropilaelaps spp.) is an exotic pest of honey bees which is spreading in various third countries, thereby creating serious problems for the apiculture industry. If introduced, it could also have similar severe consequences for the sustainability of the apiculture industry in the Community.(5) Pursuant to Regulation (EC) No 1398/2003, the presence of the small hive beetle and the Tropilaelaps mite in the Community is subject to compulsory notification through their listing under Directive 92/65/EEC. At present there have been no reports that either has been found in the Community.(6) Apart from making the presence of these pests notifiable within the Community, it is therefore necessary to lay down additional requirements for the importation of bees from certain third countries to limit the risk of introducing the small hive beetle and the Tropilaelaps mite into the Community, in the interest of protecting the Community’s status as regards apiculture health.(7) Only queen bees accompanied by a small number of attendants in single queen bee cages can be easily checked for infestation with the small hive beetle and Tropilaelaps mite, and therefore imports of bees should in principle be limited to such consignments.(8) However, there is no evidence that the Tropilaelaps mite can infest colonies of bumble bees (Bombus spp.). In addition, the small hive beetle has only been shown to infest bumble bee colonies under experimental conditions, and there is no documented evidence that the small hive beetle is able to infest bumble bee colonies in the natural environment. Also, small colonies of bumble bees bred and reared under environmentally controlled conditions may be traded for the horticultural industry in particular, while the importation of queen bumble bees from the wild may also remain necessary for breeding purposes. In view of this, the importation of bumble bees (Bombus spp.) should be authorised also for small consignments bred and reared solely under environmentally controlled conditions within recognised establishments and which can be assured to be free of the small hive beetle.(9) In the interest of the clarity of Community legislation, and to ensure further harmonisation of Community animal health requirements upon importation, Decision 2000/462/EC should therefore be repealed and replaced by the provisions of this Decision restricting the authorisation of imports to queen bees (Apis mellifera) and queen bumble bees (Bombus spp.) with a small number of attendants, or to small colonies of bumble bees (Bombus spp.) bred under environmentally controlled conditions within recognised establishments.(10) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(3) lays down standards of certification which are necessary for valid certification and to prevent fraud; it is appropriate to ensure that the rules and principles applied by third country certifying officers provide guarantees which are at least equivalent to those laid down in this Directive and therefore only those countries listed in Part I of the Annex to Council Decision 79/542/EEC(4) should be authorised for importation of bees into the Community.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 11. Member States shall authorise the importation of bees (Apis mellifera and Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with:- they come from third countries or parts thereof listed in part 1 of the Annex to Decision 79/542/EEC and,- they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen,- the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage.2. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies.3. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.Article 2By derogation from
1. Member States shall authorise the importation of bees (Apis mellifera and Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with:
– they come from third countries or parts thereof listed in part 1 of the Annex to Decision 79/542/EEC and,
– they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen,
– the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage.
2. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies.
3. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.
By derogation from Article 1(1), second and third indents, Member States shall also authorise the imports of consignments of bumble bees (Bombus spp.) limited to a single colony containing a maximum of 200 adult bumble bees per container, which are accompanied by a health certificate in accordance with the specimen set out in Annex II and complying with the guarantees laid down in this specimen. In this case, and by derogation from Article 1(2) and (3), it shall be sufficient that the container and all material that accompanied the bumble bees from the third country of origin be destroyed either during or immediately at the end of the lifespan of the colony.
Decision 2000/462/EC is repealed.
This Decision shall apply from 27 December 2003.
This Decision is addressed to the Member States.
Done at Brussels, 11 December 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 14.9.1992, p. 54, as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 98, 6.8.2003, p. 3).
(2) OJ L 183, 12.7.2000, p. 18.
(3) OJ L 13, 16.1.1997, p. 28.
(4) OJ L 146, 14.6.1979, p. 15.
>PIC FILE= “L_2003328EN.002802.TIF”>
>PIC FILE= “L_2003328EN.002901.TIF”>
>PIC FILE= “L_2003328EN.003002.TIF”>
>PIC FILE= “L_2003328EN.003101.TIF”>

Pending: 32003D0839

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Articles 5 and 6, thereof,Whereas:(1) Commission Decision 2002/308/EC(3), as last amended by Decision 2003/458/EC(4), establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.(2) France, Germany and Spain have submitted the justifications for obtaining the status of approved zones in the their territory with regard to VHS and IHN. The documentation provided shows that those zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zone and should be added to the list of approved zones.(3) France, Germany and Italy have submitted the justifications for obtaining the status of approved farm in non-approved zone for farms in their territory with regard to VHS and IHN. The documentation provided shows that those farms meet the requirements of Article 6 of Directive 91/67/EEC. They therefore qualify for the status of approved farm in a non-approved zone and should be added to the list of approved farms.(4) Italy has informed the Commission of a positive identification of IHN on a farm with approved status as regards VHS and IHN. This farm should therefore be deleted from the list of farms approved with regards to IHN.(5) Germany has by letter of 2 June 2003 informed the Commission about the need for updating Annex II due to closing down or changes of owners of some farms. Spain has by letter of 10 July 2003 responded to the request from the Commission for a clarification of the correct description of the Spanish continental zones approved in Annex I following the approval of the river Ebro by Decision 2003/458/EC.(6) Decision 2002/308/EC should therefore be amended accordingly.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
Decision 2002/308/EC is amended as follows:
1. Annex I is replaced by the text in Annex I to this Decision;
2. Annex II is replaced by the text in Annex II to this Decision.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 November 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 46, 19.2.1991, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 106, 23.4.2002, p. 28.
(4) OJ L 154, 21.6.2003, p. 93.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Articles 5 and 6, thereof,Whereas:(1) Commission Decision 2002/308/EC(3), as last amended by Decision 2003/458/EC(4), establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.(2) France, Germany and Spain have submitted the justifications for obtaining the status of approved zones in the their territory with regard to VHS and IHN. The documentation provided shows that those zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zone and should be added to the list of approved zones.(3) France, Germany and Italy have submitted the justifications for obtaining the status of approved farm in non-approved zone for farms in their territory with regard to VHS and IHN. The documentation provided shows that those farms meet the requirements of Article 6 of Directive 91/67/EEC. They therefore qualify for the status of approved farm in a non-approved zone and should be added to the list of approved farms.(4) Italy has informed the Commission of a positive identification of IHN on a farm with approved status as regards VHS and IHN. This farm should therefore be deleted from the list of farms approved with regards to IHN.(5) Germany has by letter of 2 June 2003 informed the Commission about the need for updating Annex II due to closing down or changes of owners of some farms. Spain has by letter of 10 July 2003 responded to the request from the Commission for a clarification of the correct description of the Spanish continental zones approved in Annex I following the approval of the river Ebro by Decision 2003/458/EC.(6) Decision 2002/308/EC should therefore be amended accordingly.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Decision 2002/308/EC is amended as follows:
1. Annex I is replaced by the text in Annex I to this Decision;
2. Annex II is replaced by the text in Annex II to this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 21 November 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 46, 19.2.1991, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 106, 23.4.2002, p. 28.
(4) OJ L 154, 21.6.2003, p. 93.
ZONES APPROVED WITH REGARD TO ONE OR MORE OF THE FISH DISEASES VHS AND IHN
1.A. ZONES(1) IN DENMARK APPROVED WITH REGARD TO VHS
– Hansted Å
– Hovmølle Å
– Kastbjerg
– Villestrup Å
– Uggerby Å
– Lindenborg Å
– Hasseris Å
– Binderup Å
– Bjørnsholm Å
– Lerkenfeld Å
– Lønnerup med tilløb
– Bredkær Bæk
– Vandløb til Kilen
– Resenkær Å
– Klostermølle Å
– Hvidbjerg Å
– Knidals Å
– Simested Å
– Jordbro Å
– Fåremølle Å
– Flynder Å
– Bygholm Å
1.B. ZONES IN DENMARK APPROVED WITH REGARD TO IHN
– Denmark(2)
2. ZONES IN GERMANY APPROVED WITH REGARD TO VHS AND IHN
2.1. BADEN WÜRTTEMBERG(3)
– Isenburger Tal from the source to the water outlet of the Falkenstein farm
– Eyach and its tributaries from the sources to the first weir downstream situated near the town of Haigerloch
– Andelsbach and its tributaries from the sources to the turbine near the town of Krauchenwies
– Lauchert and its tributaries from the sources to the obstacle of the turbine near the town of Sigmaringendorf
– Grosse Lauter and its tributaries from the sources to the obstacle of the waterfall near Lauterach
– Wolfegger Aach and its tributaries from the sources to the obstacle of the waterfall near Baienfurth.
3. ZONES IN SPAIN APPROVED WITH REGARD TO VHS AND IHN
3.1. REGION: AUTONOMOUS COMMUNITY OF ASTURIAS
Continental zones
– All water catchment areas of Asturias
Coastal zones
– The entire coast of Asturias
3.2. REGION: AUTONOMOUS COMMUNITY OF GALICIA
Continental zones
– The water catchment areas of Galicia:
– including the water catchment areas of the river Eo, the river Sil from its source in the province of León, the river Miño from its source to the barrier of Frieira, and the river Limia from its source to the barrier Das Conchas,
– excluding the water catchment area of the river Tamega.
Coastal zones
– The coastal area in Galicia from the mouth of the river Eo (Isla Pancha) to the Punta Picos (mouth of the river Miño)
3.3. REGION: AUTONOMOUS COMMUNITY OF ARAGÓN
Continental zones
– The water catchment area of the river Ebro from its source to the dam of Mequinenza in the Community of Aragón
FISH FARMS APPROVED WITH REGARD TO ONE OR MORE OF THE FISH DISEASES VHS AND IHN
1. FISH FARMS IN BELGIUM APPROVED WITH REGARD TO VHS AND IHN
2. FISH FARMS IN DENMARK APPROVED WITH REGARD TO VHS AND IHN
3.A. FISH FARMS IN GERMANY APPROVED WITH REGARD TO VHS AND IHN
3.1. LOWER SAXONY
3.2. THURINGIA
3.3. BADEN-WÜRTTEMBERG
3.4. NORTH RHINE-WESTPHALIA
3.5. BAVARIA
3.6. SAXONY
3.7. HESSEN
3.8. SCHLESWIG-HOLSTEIN
3.B. FISH FARMS IN GERMANY APPROVED WITH REGARD TO IHN
3.B.1. THURINGIA
4. FISH FARMS IN SPAIN APPROVED WITH REGARD TO VHS AND IHN
4.1. REGION: AUTONOMOUS COMMUNITY OF ARAGON
5.A. FISH FARMS IN FRANCE APPROVED WITH REGARD TO VHS AND IHN
5.A.1. ADOUR-GARONNE
5.A.2. ARTOIS-PICARDY
5.A.3. AQUITAINE
5.A.4. DRÔME
5.A.5. UPPER NORMANDY
5.A.6. LOIRE-BRETAGNE
5.A.7. RHIN-MEUSE
5.A.8. RHÔNE-MEDITERRANEAN-CORSICA
5.A.9. SEINE-NORMANDY
5.A.10. LANGUEDOC ROUSSILLON
5.A.11. MIDI-PYRÉNÉES
5.A.12. ALPES DE HAUTE PROVENCE
5.B. FISH FARMS IN FRANCE APPROVED WITH REGARD TO VHS
5.B.1. ARTOIS-PICARDY
6.A. FISH FARMS IN ITALY APPROVED WITH REGARD TO VHS AND IHN
6.A.1. REGION: FRIULI VENEZIA GIULIA
6.A.2. REGION: AUTONOMOUS PROVINCE OF TRENTO
6.A.3. REGION: UMBRIA
6.A.4. REGION: VENETO
6.A.5. REGION: VALLE D’AOSTA
6.A.6. REGION: LOMBARDY
6.A.7. REGION: TUSCANY
6.B. FISH FARMS IN ITALY APPROVED WITH REGARD TO VHS
6.B.1. REGION: AUTONOMOUS PROVINCE OF TRENTO
7. FISH FARMS IN AUSTRIA APPROVED WITH REGARD TO VHS AND IHN

Pending: 32003D0760

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 11 thereof,Whereas:(1) An inspection has been carried out on behalf of the Commission in French Polynesia to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The requirements in the legislation of French Polynesia on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.(3) In particular, the Département de la Qualité Alimentaire et de l’Action Vétérinaire (DQAAV) du Service du Développement Rural du Ministère de l’Agriculture et de l’Elevage, is capable of effectively verifying the implementation of the legislation in force.(4) The DQAAV has provided official assurances regarding compliance with the standards for health controls and monitoring of fishery products as set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of hygienic requirements equivalent to those laid down by that Directive.(5) It is appropriate to lay down detailed provisions concerning fishery products imported into the Community from French Polynesia, in accordance with Directive 91/493/EEC.(6) It is also necessary to draw up a list of approved establishments, factory vessels, or cold stores, and a list of freezer vessels equipped in accordance with the requirements of Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC(3). These lists should be drawn up on the basis of a communication from the DQAAV to the Commission.(7) It is appropriate for the present Decision to be applied 45 days after its publication to provide for the necessary transitional period.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
The Département de la Qualité Alimentaire et de l’Action Vétérinaire (DQAAV) du Service du Développement Rural du Ministère de l’Agriculture et de l’Elevage, shall be the competent authority in French Polynesia identified for the purposes of verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.

Article 2
Fishery products imported into the Community from French Polynesia shall comply with Articles 3, 4 and 5.

Article 3
1. Each consignment shall be accompanied by a numbered original health certificate in accordance with the model in Annex I and comprising a single sheet, duly completed, signed and dated.
2. The certificate shall be drawn up in at least one official language of the Member State where the checks are carried out.
3. The certificate shall bear the name, capacity and signature of the representative of the DQAAV, and the latter’s official stamp in a colour different from that of the endorsements.

Article 4
The fishery products shall come from approved establishments, factory vessels, or cold stores, or from registered freezer vessels listed in Annex II.

Article 5
All packages shall bear the words “FRENCH POLYNESIA” and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters, except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods.

Article 6
This Decision shall apply from 8 December 2003.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 15 October 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 187, 7.7.1992, p. 41.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 11 thereof,Whereas:(1) An inspection has been carried out on behalf of the Commission in French Polynesia to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The requirements in the legislation of French Polynesia on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.(3) In particular, the Département de la Qualité Alimentaire et de l’Action Vétérinaire (DQAAV) du Service du Développement Rural du Ministère de l’Agriculture et de l’Elevage, is capable of effectively verifying the implementation of the legislation in force.(4) The DQAAV has provided official assurances regarding compliance with the standards for health controls and monitoring of fishery products as set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of hygienic requirements equivalent to those laid down by that Directive.(5) It is appropriate to lay down detailed provisions concerning fishery products imported into the Community from French Polynesia, in accordance with Directive 91/493/EEC.(6) It is also necessary to draw up a list of approved establishments, factory vessels, or cold stores, and a list of freezer vessels equipped in accordance with the requirements of Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC(3). These lists should be drawn up on the basis of a communication from the DQAAV to the Commission.(7) It is appropriate for the present Decision to be applied 45 days after its publication to provide for the necessary transitional period.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The Département de la Qualité Alimentaire et de l’Action Vétérinaire (DQAAV) du Service du Développement Rural du Ministère de l’Agriculture et de l’Elevage, shall be the competent authority in French Polynesia identified for the purposes of verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Fishery products imported into the Community from French Polynesia shall comply with Articles 3, 4 and 5.
1. Each consignment shall be accompanied by a numbered original health certificate in accordance with the model in Annex I and comprising a single sheet, duly completed, signed and dated.
2. The certificate shall be drawn up in at least one official language of the Member State where the checks are carried out.
3. The certificate shall bear the name, capacity and signature of the representative of the DQAAV, and the latter’s official stamp in a colour different from that of the endorsements.
The fishery products shall come from approved establishments, factory vessels, or cold stores, or from registered freezer vessels listed in Annex II.
All packages shall bear the words “FRENCH POLYNESIA” and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters, except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods.
This Decision shall apply from 8 December 2003.
This Decision is addressed to the Member States.
Done at Brussels, 15 October 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 187, 7.7.1992, p. 41.
>PIC FILE= “L_2003273EN.002502.TIF”>
>PIC FILE= “L_2003273EN.002601.TIF”>
List of establishments and vessels
PP Processing plant.
FV Factory vessel.

Pending: 32003D0565

January 15, 2026
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 2003/68/EC(2), and in particular the third subparagraph of Article 8(2) thereof,Whereas:(1) Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.(2) Commission Regulation (EC) No 1112/2002(3) lays down the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. This programme is ongoing and it has not been possible yet to complete decision-making on a number of active substances.(3) The Commission presented its progress report on 26 July 2001(4). It concluded that progress has not been as good as was originally anticipated and therefore the deadline should be extended for those active substances for which industry has notified a commitment to prepare further the necessary dossiers within the time limits.(4) For those active substances the time period provided for in Article 8(2) of Directive 91/414/EEC should be prolonged in order to allow for the submission of dossiers and the evaluation thereof.(5) This extension of time does not prejudge the possibility of including or not including individual active substances in Annex I to Directive 91/414 as provided for in Article 8(2), fourth subparagraph, of that Directive.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
The time period of 12 years provided for in Article 8(2) of Directive 91/414/EEC is extended until 31 December 2008 for the active substances listed in the Annex to this Decision.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 July 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 177, 16.7.2003, p. 12.
(3) OJ L 168, 27.6.2002, p. 14.
(4) COM(2001) 444 final.

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 2003/68/EC(2), and in particular the third subparagraph of Article 8(2) thereof,Whereas:(1) Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.(2) Commission Regulation (EC) No 1112/2002(3) lays down the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. This programme is ongoing and it has not been possible yet to complete decision-making on a number of active substances.(3) The Commission presented its progress report on 26 July 2001(4). It concluded that progress has not been as good as was originally anticipated and therefore the deadline should be extended for those active substances for which industry has notified a commitment to prepare further the necessary dossiers within the time limits.(4) For those active substances the time period provided for in Article 8(2) of Directive 91/414/EEC should be prolonged in order to allow for the submission of dossiers and the evaluation thereof.(5) This extension of time does not prejudge the possibility of including or not including individual active substances in Annex I to Directive 91/414 as provided for in Article 8(2), fourth subparagraph, of that Directive.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The time period of 12 years provided for in Article 8(2) of Directive 91/414/EEC is extended until 31 December 2008 for the active substances listed in the Annex to this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 25 July 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 177, 16.7.2003, p. 12.
(3) OJ L 168, 27.6.2002, p. 14.
(4) COM(2001) 444 final.
LIST OF ACTIVE SUBSTANCES REFERRED TO IN ARTICLE 1
A. Chemical active substances
(2E,13Z)-Octadecadien-1-yl acetate
(3E,13Z)-Octadecadien-1-yl acetate
(3Z,13Z)-Octadecadien-1-yl acetate
(7E,9E)-Dodecadienyl acetate
(7E,9Z)-Dodecadienyl acetate
(7Z,11E)-Hexadecadien-1-yl acetate
(7Z,11Z)-Hexadecadien-1-yl acetate
(9Z,12E)-Tetradecadien-1-yl acetate
(E)-11-Tetradecenyl acetate
(E)-8-Dodecenyl acetate
(E,E)-8,10-Dodecadien-1-ol
(E/Z)-8-Dodecenyl acetate
(E/Z)-9-Dodecen-1-ol
(E/Z)-9-Dodecenyl acetate
(Z)-11-Hexadecen-1-ol
(Z)-11-Hexadecen-1-yl acetate
(Z)-11-Hexadecenal
(Z)-11-Tetradecen-1-yl acetate
(Z)-13-Hexadecen-11-ynyl acetate
(Z)-13-Octadecenal
(Z)-7-Tetradecenal
(Z)-8-Dodecenol
(Z)-8-Dodecenyl acetate
(Z)-9-Dodecenyl acetate
(Z)-9-Hexadecenal
(Z)-9-Tetradecenyl acetate
(Z,Z,Z,Z)-7,13,16,19-Docosatetraen-1-yl isobutyrate
1,4-Diaminobutane (Putrescine)
1,7-Dioxaspiro-5,5-undecan
1-Naphthylacetamide
1-Naphthylacetic acid
1-Naphthylacetic acid ethylester
1-Tetradecanol
2,6,6-Trimethylbicyclo(3.1.1)hept-2-en-4-ol
2-Naphthyloxyacetamide
2-Naphthyloxyacetic acid
2-Phenylphenol (incl. Sodium salt)
3,7,11-Trimethyl-1,6,10-dodecatrien-3-ol (Nerolidol)
3,7-Dimethyl-2,6-octadien-1-ol (Geraniol)
5-Decen-1-ol
5-Decen-1-yl acetate
6-Benzyladenine
Acetic acid
Aluminium ammonium sulfate
Aluminium phosphide
Aluminium sulphate
Within the category of amino acids, the following:
Gamma Aminobutyric acid

Pending: 32003D0493

January 15, 2026
5.7.2003 EN Official Journal of the European Union L 168/33
(1) Brazil nuts in shell originating in or consigned from Brazil (‘Brazil nuts’) have been found, in many cases, to be contaminated with excessive levels of aflatoxin B1 and total aflatoxin.
(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, can cause cancer of the liver and is also genotoxic.
(3) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 563/2002(3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. Those limits have been frequently and largely exceeded in samples of Brazil nuts.
(4) Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt protective measures at Community level.
(5) The Commission's Food and Veterinary Office (‘FVO’) carried out a mission in Brazil from 25 January to 9 February 2003 to assess the control systems in place to prevent aflatoxin contamination levels in Brazil nuts intended for export to the Community. The mission revealed,inter alia, that:—the national legislation provides for an inadequate sampling procedure,—no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,—control over the sample during the dispatch to the laboratory is inadequate,—some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,—on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,—the official controls on returned lots is inadequate.It is therefore appropriate to subject Brazil nuts in shell originating in or consigned from Brazil to special, strict conditions to provide a high level of protection to public health. — the national legislation provides for an inadequate sampling procedure, — no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification, — control over the sample during the dispatch to the laboratory is inadequate, — some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results, — on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate, — the official controls on returned lots is inadequate.
— the national legislation provides for an inadequate sampling procedure,
— no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,
— control over the sample during the dispatch to the laboratory is inadequate,
— some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,
— on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,
— the official controls on returned lots is inadequate.
— the national legislation provides for an inadequate sampling procedure,
— no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,
— control over the sample during the dispatch to the laboratory is inadequate,
— some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,
— on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,
— the official controls on returned lots is inadequate.
(6) It is necessary that Brazil nuts be collected, sorted, handled, processed, packaged and transported following good hygiene practices. It is also necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from consignment immediately prior to their dispatch from Brazil. The sampling and the analysis should be performed in accordance with Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(4), as amended by Directive 2002/27/EC of 13 March 2002(5).
(7) Brazil should provide documentary evidence to accompany each consignment of Brazil nuts, relating to the conditions of collection, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the samples taken from consignment for levels of aflatoxin B1 and total aflatoxin.
(8) From the findings of the FVO's mission, it may be concluded that Brazil cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification of consignments of Brazil nuts. Therefore, any certificate issued for Brazil nuts from Brazil raises serious doubts with regard to its reliability. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to impose strict conditions on the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.
(9) It is therefore necessary in order to safeguard public health that all lots of Brazil nuts imported into the Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market.
(10) In the interests of public health, Member States should provide the Commission with periodical reports of all analytical results of official controls carried out in respect of consignments of Brazil nuts. Such reports should be in addition to the notification obligations under the Rapid Alert System for Food and Feed established under Regulation (EC) No 178/2002.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) a report containing the results of official sampling and analysis; and
(b) a health certificate issued in accordance with the model set out in Annex 1 and completed, signed and verified by a representative of the competent authority of Brazil, the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA).
(a) explicit agreement for the return of the concerned consignment, and indicating the consignment code;
(b) a commitment to put the returned consignment under official control from the date of arrival onwards;
(c) a concrete indication of:(i)the destination of the returned consignment;(ii)the intended treatment of the returned consignment; and(iii)the intended sampling and analysis to be performed on the returned consignment. (i) the destination of the returned consignment; (ii) the intended treatment of the returned consignment; and (iii) the intended sampling and analysis to be performed on the returned consignment.
(i) the destination of the returned consignment;
(ii) the intended treatment of the returned consignment; and
(iii) the intended sampling and analysis to be performed on the returned consignment.
(i) the destination of the returned consignment;
(ii) the intended treatment of the returned consignment; and
(iii) the intended sampling and analysis to be performed on the returned consignment.
Member State Point of entry
Belgium Antwerpen, Zeebrugge, Brussel/Bruxelles, Aalst
Denmark All Danish harbours and airports
Germany HZA Lörrach-ZA Weil am Rhein-Autobahn, HZA Stuttgart- ZA Flughafen, HZA München – ZA München – Flughafen, HZA Hof- Schirnding-Landstraße, HZA Weiden -ZA Furth im Wald-Schafberg, HZA Weiden – ZA Waidhaus-Autobahn, Bezirksamt Reinickendorf von Berlin, Abteilung Finanzen, Wirtschaft und Kultur, Veterinär- und Lebensmittelaufsichtsamt, Grenzkontrollstelle, HZA Frankfurt (Oder) – ZA Autobahn, HZA Cottbus- ZA Forst-Autobahn, HZA Bremen- ZA Neustädter Hafen, HZA Bremen – ZA Bremerhaven, HZA Hamburg-Hafen-ZA Waltershof, HZA Hamburg-Stadt, HZA Itzehoe-ZA Hamburg-Flughafen, HZA Frankfurt-am-Main-Flughafen, HZA Braunschweig-Abfertigungsstelle, HZA Hannover-Abfertigungsstelle, HZA Oldenburg-ZA Stade, HZA Dresden – ZA Dresden-Friedrichstadt, HZA Pirna – ZA Altenberg, HZA Löbau – Zollamt Ludwigsdorf-Autobahn, HZA Koblenz – ZA Hahn-Flughafen, HZA Oldenburg-ZA Wilhelmshaven, HZA Bielefeld – ZA Eckendorfer Straße Bielefeld, HZA Erfurt – ZA Eisenach, HZA Potsdam – ZA Ludwigsfelde, HZA Potsdam – ZA Berlin-Flughafen Schönefeld, HZA Augsburg – ZA Memmingen, HZA Ulm – ZA Ulm (Donautal), HZA Karlsruhe – ZA Karlsruhe, HZA Berlin – ZA Dreilinden, HZA Gießen- ZA Gießen, HZA Gießen – ZA Marburg, HZA Singen – ZA Bahnhof, HZA Lörrach – ZA Weil am Rhein – Schusterinsel, HZA Hamburg-Stadt -ZA Oberelbe, HZA Hamburg-Stadt – ZA Oberelbe – Abfertigungsstelle Billbrook, HZA Hamburg-Stadt – ZA Oberelbe – Abfertigungsstelle Großmarkt, HZA Potsdam – ZA Berlin – Flughafen Schönefeld, HZA Düsseldorf – ZA Düsseldorf Nord
Greece Athina, Pireas, Elefsis, Aerodromio ton Athinon, Thessaloniki, Volos, Patra, Iraklion tis Kritis, Aerodromio tis Kritis, Euzoni, Idomeni, Ormenio, Kipi, Kakavia, Niki, Promahonas, Pithio, Igoumenitsa, Kristalopigi
Spain Algeciras (Puerto), Alicante (Aeropuerto, Puerto), Almeria (Aeropuerto, Puerto), Asturias (Aeropuerto), Barcelona (Aeropuerto, Puerto, Ferrocarril), Bilbao (Aeropuerto, Puerto), Cadiz (Puerto), Cartagena (Puerto), Castellon (Puerto), Ceuta (Puerto), Gijón (Puerto), Huelva (Puerto), Irun (Carretera), La Coruña (Puerto), La Junquera (Carretera) Las Palmas de Gran Canaria (Aeropuerto, Puerto), Madrid (Aeropuerto, Ferrocarril), Malaga (Aeropuerto, Puerto), Marin (Puerto), Melilla (Puerto), Murcia (Ferrocarril), Palma de Mallorca (Aeropuerto, Puerto), Pasajes (Puerto), San Sebastián (Aeropuerto), Santa Cruz de Tenerife (Puerto), Santander (Aeropuerto, Puerto), Santiago de Compostela (Aeropuerto), Sevilla (Aeropuerto, Puerto), Tarragona (Puerto), Tenerife Norte (Aeropuerto), Tenerife Sur (Aeropuerto), Valencia (Aeropuerto, Puerto), Vigo (Aeropuerto, Puerto), Villagarcia (Puerto), Vitoria (Aeropuerto), Zaragoza (Aeropuerto)
France Marseille (Bouches-du-Rhône), Le Havre (Seine-Maritime), Rungis MIN (Val-de-Marne), Lyon Chassieu CRD (Rhône), Strasbourg CRD (Bas-Rhin), Lille CRD (Nord), Saint-Nazaire Montoir CRD (Loire-Atlantique), Agen (Lot-et-Garonne), Port de la Pointe des Galets à la Réunion
Ireland Dublin — Port and Airport, Cork — Port and Airport, Shannon — Airport
Italy Ufficio Sanità Marittima ed Aerea di AnconaUfficio Sanità Marittima ed Aerea di BariUfficio Sanità Marittima ed Aerea di GenovaUfficio Sanità Marittima di LivornoUfficio Sanità Marittima ed Aerea di NapoliUfficio Sanità Marittima di RavennaUfficio Sanità Marittima di SalernoUfficio Sanità Marittima ed Aerea di TriesteDogana di Fernetti-Interporto Monrupino (Trieste)Ufficio di Sanità Marittima di La SpeziaUfficio di Sanità Marittima e Aerea di VeneziaUfficio di Sanità Marittima e Aerea di Reggio Calabria
Luxembourg Centre Douanier, Croix de Gasperich, Luxembourg
Netherlands All harbours and airports and all border stations
Austria HZA Feldkirch, HZA Graz, Nickelsdorf, Spielfeld, HZA Wien, ZA Wels, ZA Kledering, ZA Flughafen Wien, HZA Salzburg, ZA Klingenbach/Zweigstelle Sopron, ZA Karawankentunnel, ZA Villach
Portugal Lisboa, Leixões
Finland All Finnish Customs Offices.
Sweden Göteborg, Ystad, Stockholm, Helsingborg, Karlskrona, Karlshamn, Landvetter, Arlanda
United Kingdom Belfast, Channel Tunnel Terminal, Dover, Felixstowe, Gatwick Airport, Goole Grangemouth, Harwich, Heathrow Airport, Heysham, Hull, Immingham, Ipswich, King's Lynn, Leith, Liverpool, London (including Tilbury, Thamesport and Sheerness), Manchester Airport, Manchester Container Port, Manchester (including Ellesmere Port), Medway, Middlesborough, Newhaven, Poole, Shoreham, Southampton, Stansted Airport."
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,
Whereas:

(1)

Brazil nuts in shell originating in or consigned from Brazil (‘Brazil nuts’) have been found, in many cases, to be contaminated with excessive levels of aflatoxin B1 and total aflatoxin.

(2)

The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, can cause cancer of the liver and is also genotoxic.

(3)

Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2), as last amended by Regulation (EC) No 563/2002 (3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. Those limits have been frequently and largely exceeded in samples of Brazil nuts.

(4)

Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt protective measures at Community level.

(5)

The Commission’s Food and Veterinary Office (‘FVO’) carried out a mission in Brazil from 25 January to 9 February 2003 to assess the control systems in place to prevent aflatoxin contamination levels in Brazil nuts intended for export to the Community. The mission revealed, inter alia, that:

—

the national legislation provides for an inadequate sampling procedure,

—

no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,

—

control over the sample during the dispatch to the laboratory is inadequate,

—

some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,

—

on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,

—

the official controls on returned lots is inadequate.

It is therefore appropriate to subject Brazil nuts in shell originating in or consigned from Brazil to special, strict conditions to provide a high level of protection to public health.

(6)

It is necessary that Brazil nuts be collected, sorted, handled, processed, packaged and transported following good hygiene practices. It is also necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from consignment immediately prior to their dispatch from Brazil. The sampling and the analysis should be performed in accordance with Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (4), as amended by Directive 2002/27/EC of 13 March 2002 (5).

(7)

Brazil should provide documentary evidence to accompany each consignment of Brazil nuts, relating to the conditions of collection, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the samples taken from consignment for levels of aflatoxin B1 and total aflatoxin.

(8)

From the findings of the FVO’s mission, it may be concluded that Brazil cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification of consignments of Brazil nuts. Therefore, any certificate issued for Brazil nuts from Brazil raises serious doubts with regard to its reliability. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to impose strict conditions on the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.

(9)

It is therefore necessary in order to safeguard public health that all lots of Brazil nuts imported into the Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market.

(10)

In the interests of public health, Member States should provide the Commission with periodical reports of all analytical results of official controls carried out in respect of consignments of Brazil nuts. Such reports should be in addition to the notification obligations under the Rapid Alert System for Food and Feed established under Regulation (EC) No 178/2002.

(11)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1
Restrictions on imports of Brazil nuts in shell originating in or consigned from Brazil
1.   Member States may not import Brazil nuts in shell falling within category CN code 0801 21 00 originating in or consigned from Brazil (‘Brazil nuts’), unless the consignment is accompanied by:
a report containing the results of official sampling and analysis; and
a health certificate issued in accordance with the model set out in Annex 1 and completed, signed and verified by a representative of the competent authority of Brazil, the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA).
2.   By way of derogation from paragraph 1, Member States shall authorise the import of consignments of Brazil nuts not complying with paragraph 1(a) and (b), which left Brazil before 5 July 2003, provided that the operator can demonstrate by sampling and analysis, in accordance with the provisions of Directive 98/53/EC, that the consignments comply with the provisions of Regulation (EC) No 466/2001 as regards maximum permitted levels for aflatoxin B1 and total aflatoxin.

Article 2
Sampling and analysis of Brazil nuts by the competent authority of Brazil
The sampling and the analysis of Brazil nuts as provided for in Article 1(1)(a) must be performed in accordance with the provisions of Commission Directive 98/53/EC.
The analysis must be performed by the official control laboratory for the analysis of aflatoxins in Brazil nuts in Belo Horizonte, Brazil, the Laboratório de Controle de Qualidade de Segurança Alimentar — (LACQSA).

Article 3
Code and points of entry into the Community for consignments of Brazil nuts
1.   Each consignment of Brazil nuts shall be identified with a code, which corresponds to the code on the report and health certificate as provided for in Article 1(1)(a) and (b).
2.   Consignments of Brazil nuts may only be imported into the Community through one of the points of entry listed in Annex 2.

Article 4
Obligations on Member States as regards imports of Brazil nuts from Brazil
1.   The competent authorities in each Member State shall ensure that Brazil nuts are subject to documentary checks to ensure that the requirements of Article 1(1) are complied with.
2.   The competent authorities in each Member State shall undertake sampling and analysis of each consignment of Brazil nuts for aflatoxin B1 and total aflatoxin before release onto the market from the point of entry into the Community.
3.   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of Brazil nuts, as provided for in paragraph 2. This report shall be submitted during the month following each quarter (6).
4.   Any consignment of Brazil nuts to be subjected to sampling and analysis should be detained before release onto the market from the point of entry into the Community for a maximum period of 15 working days.
The competent authorities of the importing Member State shall issue an accompanying official document establishing that the consignment has been subjected to official sampling and analysis by the Member State and indicating the result of the analysis.

Article 5
Splitting of a consignment
In case a consignment is split, copies of the report and health certificate as provided for in Article 1(1)(a) and (b) and the accompanying document as provided for in Article 4(4) shall accompany each part of the split consignment. These copies must be certified by the competent authority of the Member State on whose territory the splitting has taken place.

Article 6
Consignments of Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total
Consignments of Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 may be returned to the country of origin only where for each individual concerned non-conforming consignment the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA), provides the following in writing:
explicit agreement for the return of the concerned consignment, and indicating the consignment code;
a commitment to put the returned consignment under official control from the date of arrival onwards;
a concrete indication of:
the destination of the returned consignment;
the intended treatment of the returned consignment; and
the intended sampling and analysis to be performed on the returned consignment.
However, if the conditions provided for in points (a), (b) and (c) are not complied with by the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA), all subsequent consignments that do not comply with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 shall be destroyed by the importing Member State.

Article 7
This Decision shall be reviewed by 1 May 2004 at the latest, in order to assess whether the special conditions provided for in Articles 1, 2, 3 and 4 provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the sampling and analysis of each consignment by the competent authority of the importing Member State, as provided for in Article 4(2).

Article 8
Applicability
The Decision shall apply from 5 July 2003.
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.

Article 9
This Decision is addressed to the Member States.
Done at Brussels, 4 July 2003.
For the Commission
David BYRNE
Member of the Commission
(1)  OJ L 31, 1.2.2002, p. 1.
(2)  OJ L 77, 16.3.2001, p. 1.
(3)  OJ L 86, 3.4.2002, p. 5.
(4)  OJ L 201, 17.7.1998, p. 93.
(5)  OJ L 75, 16.3.2002, p. 44.
(6)  April, July, October, January.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,
Whereas:

(1)

Brazil nuts in shell originating in or consigned from Brazil (‘Brazil nuts’) have been found, in many cases, to be contaminated with excessive levels of aflatoxin B1 and total aflatoxin.

(2)

The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, can cause cancer of the liver and is also genotoxic.

(3)

Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2), as last amended by Regulation (EC) No 563/2002 (3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. Those limits have been frequently and largely exceeded in samples of Brazil nuts.

(4)

Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt protective measures at Community level.

(5)

The Commission’s Food and Veterinary Office (‘FVO’) carried out a mission in Brazil from 25 January to 9 February 2003 to assess the control systems in place to prevent aflatoxin contamination levels in Brazil nuts intended for export to the Community. The mission revealed, inter alia, that:

—

the national legislation provides for an inadequate sampling procedure,

—

no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,

—

control over the sample during the dispatch to the laboratory is inadequate,

—

some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,

—

on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,

—

the official controls on returned lots is inadequate.

It is therefore appropriate to subject Brazil nuts in shell originating in or consigned from Brazil to special, strict conditions to provide a high level of protection to public health.

(6)

It is necessary that Brazil nuts be collected, sorted, handled, processed, packaged and transported following good hygiene practices. It is also necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from consignment immediately prior to their dispatch from Brazil. The sampling and the analysis should be performed in accordance with Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (4), as amended by Directive 2002/27/EC of 13 March 2002 (5).

(7)

Brazil should provide documentary evidence to accompany each consignment of Brazil nuts, relating to the conditions of collection, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the samples taken from consignment for levels of aflatoxin B1 and total aflatoxin.

(8)

From the findings of the FVO’s mission, it may be concluded that Brazil cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification of consignments of Brazil nuts. Therefore, any certificate issued for Brazil nuts from Brazil raises serious doubts with regard to its reliability. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to impose strict conditions on the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.

(9)

It is therefore necessary in order to safeguard public health that all lots of Brazil nuts imported into the Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market.

(10)

In the interests of public health, Member States should provide the Commission with periodical reports of all analytical results of official controls carried out in respect of consignments of Brazil nuts. Such reports should be in addition to the notification obligations under the Rapid Alert System for Food and Feed established under Regulation (EC) No 178/2002.

(11)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Restrictions on imports of Brazil nuts in shell originating in or consigned from Brazil
1.   Member States may not import Brazil nuts in shell falling within category CN code 0801 21 00 originating in or consigned from Brazil (‘Brazil nuts’), unless the consignment is accompanied by:
a report containing the results of official sampling and analysis; and
a health certificate issued in accordance with the model set out in Annex 1 and completed, signed and verified by a representative of the competent authority of Brazil, the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA).
2.   By way of derogation from paragraph 1, Member States shall authorise the import of consignments of Brazil nuts not complying with paragraph 1(a) and (b), which left Brazil before 5 July 2003, provided that the operator can demonstrate by sampling and analysis, in accordance with the provisions of Directive 98/53/EC, that the consignments comply with the provisions of Regulation (EC) No 466/2001 as regards maximum permitted levels for aflatoxin B1 and total aflatoxin.
Sampling and analysis of Brazil nuts by the competent authority of Brazil
The sampling and the analysis of Brazil nuts as provided for in Article 1(1)(a) must be performed in accordance with the provisions of Commission Directive 98/53/EC.
The analysis must be performed by the official control laboratory for the analysis of aflatoxins in Brazil nuts in Belo Horizonte, Brazil, the Laboratório de Controle de Qualidade de Segurança Alimentar — (LACQSA).
Code and points of entry into the Community for consignments of Brazil nuts
1.   Each consignment of Brazil nuts shall be identified with a code, which corresponds to the code on the report and health certificate as provided for in Article 1(1)(a) and (b).
2.   Consignments of Brazil nuts may only be imported into the Community through one of the points of entry listed in Annex 2.
Obligations on Member States as regards imports of Brazil nuts from Brazil
1.   The competent authorities in each Member State shall ensure that Brazil nuts are subject to documentary checks to ensure that the requirements of Article 1(1) are complied with.
2.   The competent authorities in each Member State shall undertake sampling and analysis of each consignment of Brazil nuts for aflatoxin B1 and total aflatoxin before release onto the market from the point of entry into the Community.
3.   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of Brazil nuts, as provided for in paragraph 2. This report shall be submitted during the month following each quarter (6).
4.   Any consignment of Brazil nuts to be subjected to sampling and analysis should be detained before release onto the market from the point of entry into the Community for a maximum period of 15 working days.
The competent authorities of the importing Member State shall issue an accompanying official document establishing that the consignment has been subjected to official sampling and analysis by the Member State and indicating the result of the analysis.
Splitting of a consignment
In case a consignment is split, copies of the report and health certificate as provided for in Article 1(1)(a) and (b) and the accompanying document as provided for in Article 4(4) shall accompany each part of the split consignment. These copies must be certified by the competent authority of the Member State on whose territory the splitting has taken place.
Consignments of Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total
Consignments of Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 may be returned to the country of origin only where for each individual concerned non-conforming consignment the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA), provides the following in writing:
explicit agreement for the return of the concerned consignment, and indicating the consignment code;
a commitment to put the returned consignment under official control from the date of arrival onwards;
a concrete indication of:
the destination of the returned consignment;
the intended treatment of the returned consignment; and
the intended sampling and analysis to be performed on the returned consignment.
However, if the conditions provided for in points (a), (b) and (c) are not complied with by the Ministério da Agricultura, Pecuária e Abastecimento — (MAPA), all subsequent consignments that do not comply with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 shall be destroyed by the importing Member State.
This Decision shall be reviewed by 1 May 2004 at the latest, in order to assess whether the special conditions provided for in Articles 1, 2, 3 and 4 provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the sampling and analysis of each consignment by the competent authority of the importing Member State, as provided for in Article 4(2).
Applicability
The Decision shall apply from 5 July 2003.
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.
This Decision is addressed to the Member States.
Done at Brussels, 4 July 2003.
For the Commission
David BYRNE
Member of the Commission
(1)  OJ L 31, 1.2.2002, p. 1.
(2)  OJ L 77, 16.3.2001, p. 1.
(3)  OJ L 86, 3.4.2002, p. 5.
(4)  OJ L 201, 17.7.1998, p. 93.
(5)  OJ L 75, 16.3.2002, p. 44.
(6)  April, July, October, January.
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List of points of entry through which Brazil nuts in shell originating in or consigned from Brazil may be imported into the Community
Member State

Point of entry

Belgium

Antwerpen, Zeebrugge, Brussel/Bruxelles, Aalst

Denmark

All Danish harbours and airports

Germany

HZA Lörrach-ZA Weil am Rhein-Autobahn, HZA Stuttgart- ZA Flughafen, HZA München – ZA München – Flughafen, HZA Hof- Schirnding-Landstraße, HZA Weiden -ZA Furth im Wald-Schafberg, HZA Weiden – ZA Waidhaus-Autobahn, Bezirksamt Reinickendorf von Berlin, Abteilung Finanzen, Wirtschaft und Kultur, Veterinär- und Lebensmittelaufsichtsamt, Grenzkontrollstelle, HZA Frankfurt (Oder) – ZA Autobahn, HZA Cottbus- ZA Forst-Autobahn, HZA Bremen- ZA Neustädter Hafen, HZA Bremen – ZA Bremerhaven, HZA Hamburg-Hafen-ZA Waltershof, HZA Hamburg-Stadt, HZA Itzehoe-ZA Hamburg-Flughafen, HZA Frankfurt-am-Main-Flughafen, HZA Braunschweig-Abfertigungsstelle, HZA Hannover-Abfertigungsstelle, HZA Oldenburg-ZA Stade, HZA Dresden – ZA Dresden-Friedrichstadt, HZA Pirna – ZA Altenberg, HZA Löbau – Zollamt Ludwigsdorf-Autobahn, HZA Koblenz – ZA Hahn-Flughafen, HZA Oldenburg-ZA Wilhelmshaven, HZA Bielefeld – ZA Eckendorfer Straße Bielefeld, HZA Erfurt – ZA Eisenach, HZA Potsdam – ZA Ludwigsfelde, HZA Potsdam – ZA Berlin-Flughafen Schönefeld, HZA Augsburg – ZA Memmingen, HZA Ulm – ZA Ulm (Donautal), HZA Karlsruhe – ZA Karlsruhe, HZA Berlin – ZA Dreilinden, HZA Gießen- ZA Gießen, HZA Gießen – ZA Marburg, HZA Singen – ZA Bahnhof, HZA Lörrach – ZA Weil am Rhein – Schusterinsel, HZA Hamburg-Stadt -ZA Oberelbe, HZA Hamburg-Stadt – ZA Oberelbe – Abfertigungsstelle Billbrook, HZA Hamburg-Stadt – ZA Oberelbe – Abfertigungsstelle Großmarkt, HZA Potsdam – ZA Berlin – Flughafen Schönefeld, HZA Düsseldorf – ZA Düsseldorf Nord

Greece

Athina, Pireas, Elefsis, Aerodromio ton Athinon, Thessaloniki, Volos, Patra, Iraklion tis Kritis, Aerodromio tis Kritis, Euzoni, Idomeni, Ormenio, Kipi, Kakavia, Niki, Promahonas, Pithio, Igoumenitsa, Kristalopigi

Spain

Algeciras (Puerto), Alicante (Aeropuerto, Puerto), Almeria (Aeropuerto, Puerto), Asturias (Aeropuerto), Barcelona (Aeropuerto, Puerto, Ferrocarril), Bilbao (Aeropuerto, Puerto), Cadiz (Puerto), Cartagena (Puerto), Castellon (Puerto), Ceuta (Puerto), Gijón (Puerto), Huelva (Puerto), Irun (Carretera), La Coruña (Puerto), La Junquera (Carretera) Las Palmas de Gran Canaria (Aeropuerto, Puerto), Madrid (Aeropuerto, Ferrocarril), Malaga (Aeropuerto, Puerto), Marin (Puerto), Melilla (Puerto), Murcia (Ferrocarril), Palma de Mallorca (Aeropuerto, Puerto), Pasajes (Puerto), San Sebastián (Aeropuerto), Santa Cruz de Tenerife (Puerto), Santander (Aeropuerto, Puerto), Santiago de Compostela (Aeropuerto), Sevilla (Aeropuerto, Puerto), Tarragona (Puerto), Tenerife Norte (Aeropuerto), Tenerife Sur (Aeropuerto), Valencia (Aeropuerto, Puerto), Vigo (Aeropuerto, Puerto), Villagarcia (Puerto), Vitoria (Aeropuerto), Zaragoza (Aeropuerto)

France

Marseille (Bouches-du-Rhône), Le Havre (Seine-Maritime), Rungis MIN (Val-de-Marne), Lyon Chassieu CRD (Rhône), Strasbourg CRD (Bas-Rhin), Lille CRD (Nord), Saint-Nazaire Montoir CRD (Loire-Atlantique), Agen (Lot-et-Garonne), Port de la Pointe des Galets à la Réunion

Ireland

Dublin — Port and Airport, Cork — Port and Airport, Shannon — Airport

Italy

Ufficio Sanità Marittima ed Aerea di Ancona
Ufficio Sanità Marittima ed Aerea di Bari
Ufficio Sanità Marittima ed Aerea di Genova
Ufficio Sanità Marittima di Livorno
Ufficio Sanità Marittima ed Aerea di Napoli
Ufficio Sanità Marittima di Ravenna
Ufficio Sanità Marittima di Salerno
Ufficio Sanità Marittima ed Aerea di Trieste
Dogana di Fernetti-Interporto Monrupino (Trieste)
Ufficio di Sanità Marittima di La Spezia
Ufficio di Sanità Marittima e Aerea di Venezia
Ufficio di Sanità Marittima e Aerea di Reggio Calabria

Luxembourg

Centre Douanier, Croix de Gasperich, Luxembourg

Netherlands

All harbours and airports and all border stations

Austria

HZA Feldkirch, HZA Graz, Nickelsdorf, Spielfeld, HZA Wien, ZA Wels, ZA Kledering, ZA Flughafen Wien, HZA Salzburg, ZA Klingenbach/Zweigstelle Sopron, ZA Karawankentunnel, ZA Villach

Portugal

Lisboa, Leixões

Finland

All Finnish Customs Offices.

Sweden

Göteborg, Ystad, Stockholm, Helsingborg, Karlskrona, Karlshamn, Landvetter, Arlanda

United Kingdom

Belfast, Channel Tunnel Terminal, Dover, Felixstowe, Gatwick Airport, Goole Grangemouth, Harwich, Heathrow Airport, Heysham, Hull, Immingham, Ipswich, King’s Lynn, Leith, Liverpool, London (including Tilbury, Thamesport and Sheerness), Manchester Airport, Manchester Container Port, Manchester (including Ellesmere Port), Medway, Middlesborough, Newhaven, Poole, Shoreham, Southampton, Stansted Airport.”

Pending: 32003D0452

January 15, 2026
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part (hereinafter referred to as the Europe Agreement)(1), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and Slovenia are to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) Improvements to the preferential arrangements were provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Council Regulation (EC) No 2475/2000 of 7 November 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Slovenia(2). This adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(4) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 25 July 2002.(5) The new Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(6) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(7) The measures necessary for the implementation of 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(4).(8) As a result of the aforementioned negotiations, Regulation (EC) No 2475/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.Article 2The President of the Council is authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes VI and VII as referred to in Article 21(2) and 21(4) of the Europe Agreement.2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5.Article 4The order numbers as attributed to the tariff quotas in the Annex may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number below 09.4000 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.Article 51. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(5) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 2475/2000 shall be repealed from the date of entry into force of the Protocol.Done at Brussels, 26 May 2003.For the CouncilThe PresidentG. Drys(1) OJ L 51, 26.2.1999, p. 3.(2) OJ L 286, 11.11.2000, p. 15.(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002 p. 11).(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 181, 1.7.1992, p. 21.ANNEXOrder numbers for EU tariff quotas for products originating in the Republic of Slovenia(as referred to in Article 4)MFN = Most Favoured Nation duty)>TABLE>

Article 1
The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.

Article 2
The President of the Council is authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.

Article 3
1. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes VI and VII as referred to in Article 21(2) and 21(4) of the Europe Agreement.
2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5.

Article 4
The order numbers as attributed to the tariff quotas in the Annex may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number below 09.4000 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 5
1. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(5) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.

Article 6
Regulation (EC) No 2475/2000 shall be repealed from the date of entry into force of the Protocol.
Done at Brussels, 26 May 2003.
For the Council
The President
(1) OJ L 51, 26.2.1999, p. 3.
(2) OJ L 286, 11.11.2000, p. 15.
(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002 p. 11).
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 181, 1.7.1992, p. 21.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part (hereinafter referred to as the Europe Agreement)(1), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and Slovenia are to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) Improvements to the preferential arrangements were provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Council Regulation (EC) No 2475/2000 of 7 November 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Slovenia(2). This adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(4) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 25 July 2002.(5) The new Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(6) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(7) The measures necessary for the implementation of 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(4).(8) As a result of the aforementioned negotiations, Regulation (EC) No 2475/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.Article 2The President of the Council is authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes VI and VII as referred to in Article 21(2) and 21(4) of the Europe Agreement.2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5.Article 4The order numbers as attributed to the tariff quotas in the Annex may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number below 09.4000 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.Article 51. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(5) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 2475/2000 shall be repealed from the date of entry into force of the Protocol.Done at Brussels, 26 May 2003.For the CouncilThe PresidentG. Drys(1) OJ L 51, 26.2.1999, p. 3.(2) OJ L 286, 11.11.2000, p. 15.(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002 p. 11).(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 181, 1.7.1992, p. 21.ANNEXOrder numbers for EU tariff quotas for products originating in the Republic of Slovenia(as referred to in Article 4)MFN = Most Favoured Nation duty)>TABLE>
The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.
The President of the Council is authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.
1. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes VI and VII as referred to in Article 21(2) and 21(4) of the Europe Agreement.
2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5.
The order numbers as attributed to the tariff quotas in the Annex may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number below 09.4000 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
1. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(5) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Regulation (EC) No 2475/2000 shall be repealed from the date of entry into force of the Protocol.
Done at Brussels, 26 May 2003.
For the Council
The President
(1) OJ L 51, 26.2.1999, p. 3.
(2) OJ L 286, 11.11.2000, p. 15.
(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002 p. 11).
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 181, 1.7.1992, p. 21.
Order numbers for EU tariff quotas for products originating in the Republic of Slovenia
(as referred to in Article 4)
MFN = Most Favoured Nation duty)

Pending: 32003D0369

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community(1), as last amended by Regulation (EC) No 1256/97(2), and in particular Articles 4(4) and 7(3) thereof,Whereas:(1) Commission Decision 85/377/EEC(3), as last amended by Decision 1999/725/EC(4), is the basis for the classification of agricultural holdings by economic size and type of farming both in the farm structure surveys and under the Farm Accountancy Data Network (FADN). The results of the farm structure surveys, classified by European size units and type of farming serve as a basis for selecting and weighting the FADN farm sample.(2) Commission Regulation (EEC) No 2237/77 of 23 September 1977 on the form of farm return to be used for the purpose of determining incomes of agricultural holdings(5), as last amended by Regulation (EC) 1837/2001(6), lays down the type of accountancy data to be given in the farm return.(3) Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings(7), as last amended by Commission Regulation (EC) No 143/2002(8), lists the characteristics to be surveyed in a series of surveys on the structure of agricultural holdings.(4) The structure and content of both the farm return and the list of survey characteristics for the 2003, 2005 and 2007 surveys have been recently amended by those Regulations.(5) Decision 85/377/EEC should therefore be amended accordingly.(6) The measures provided for in this Decision are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 16 May 2003.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 109, 23.6.1965, p. 1859/65.
(2) OJ L 174, 2.7.1997, p. 7.
(3) OJ L 220, 17.8.1985, p. 1.
(4) OJ L 291, 13.11.1999, p. 28.
(5) OJ L 263, 17.10.1977, p. 1.
(6) OJ L 255, 24.9.2001, p. 1.
(7) OJ L 56, 2.3.1998, p. 1.
(8) OJ L 24, 26.1.2002, p. 16.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community(1), as last amended by Regulation (EC) No 1256/97(2), and in particular Articles 4(4) and 7(3) thereof,Whereas:(1) Commission Decision 85/377/EEC(3), as last amended by Decision 1999/725/EC(4), is the basis for the classification of agricultural holdings by economic size and type of farming both in the farm structure surveys and under the Farm Accountancy Data Network (FADN). The results of the farm structure surveys, classified by European size units and type of farming serve as a basis for selecting and weighting the FADN farm sample.(2) Commission Regulation (EEC) No 2237/77 of 23 September 1977 on the form of farm return to be used for the purpose of determining incomes of agricultural holdings(5), as last amended by Regulation (EC) 1837/2001(6), lays down the type of accountancy data to be given in the farm return.(3) Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings(7), as last amended by Commission Regulation (EC) No 143/2002(8), lists the characteristics to be surveyed in a series of surveys on the structure of agricultural holdings.(4) The structure and content of both the farm return and the list of survey characteristics for the 2003, 2005 and 2007 surveys have been recently amended by those Regulations.(5) Decision 85/377/EEC should therefore be amended accordingly.(6) The measures provided for in this Decision are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,
This Decision is addressed to the Member States.
Done at Brussels, 16 May 2003.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 109, 23.6.1965, p. 1859/65.
(2) OJ L 174, 2.7.1997, p. 7.
(3) OJ L 220, 17.8.1985, p. 1.
(4) OJ L 291, 13.11.1999, p. 28.
(5) OJ L 263, 17.10.1977, p. 1.
(6) OJ L 255, 24.9.2001, p. 1.
(7) OJ L 56, 2.3.1998, p. 1.
(8) OJ L 24, 26.1.2002, p. 16.
Decision 85/377/EEC is amended as follows:
1. In Annex I, point 1(f)(2) is replaced by the following:
“(2) Monetary units and rounding
The basic data for determining the SGMs and the calculated SGMs are established in euro. For the Member States not taking part in the Economic and Monetary Union, the SGMs are converted into euro using the average exchange rates for the reference period as defined in point 1(e) of this Annex. These rates are communicated by the Commission to these Member States.
The SGMs may be rounded to the nearest EUR 5 where appropriate.”
2. Annex II is amended as follows:
(a) Part B is amended as follows:
(i) Point (a) is replaced by the following:
“(a) The nature of the enterprises concerned
These enterprises refer to the list of characteristics surveyed in the 2003, 2005 and 2007 surveys on the structure of agricultural holdings: they are indicated by using the code in Annex I to Council Regulation (EEC) No 571/88(1) or by a code regrouping several of those characteristics as set out in Annex II, part C, of this Regulation(2).”
(ii) In the table entitled “Specialist holdings – crops products”, the rows corresponding to point 1 (Specialist field crops) are replaced by the following:
(b) Part C is amended as follows:
(i) Point I is replaced by the following:
“I. Codes regrouping several characteristics included in the 2003, 2005 and 2007 farm structure surveys
P1. General cropping = D/1 (common wheat and spelt) + D/2 (durum wheat) + D/3 (rye) + D/4 (barley) + D/5 (oats) + D/6 (grain maize) + D/7 (rice) + D/8 (other cereals) + D/9 (protein crops) + D/10 (potatoes) + D/11 (sugar beet) + D/12 (forage roots and tubers) + D/23 (tobacco) + D/24 (hops) + D/25 (cotton) + D/26 (rape and turnip rape) + D/27 (sunflower) + D/28 (soya) + D/29 (linseed (oil flax)) + D/30 (other oil seed crops) + D/31 (flax) + D/32 (hemp) + D/33 (other textile crops) + D/34 (aromatic and medicinal plants and herbs) + D/35 (industrial plants, not mentioned elsewhere) + D/14a (fresh vegetables, melons, strawberries, open field) + D/18 (forage plants) + D/19 (arable land seeds and seedlings) + D/20 (other arable land crops) + D/22 (fallow land subject to set-aside incentive schemes with no economic use) + I/1 (successive secondary crops)(3).
P2. Horticulture = D/14b (fresh vegetables, melons, strawberries – outdoor, market gardening) + D/15 (fresh vegetables, melons, strawberries under glass) + D/16 (flowers and ornamental plants – outdoor) + D/17 (flowers and ornamental plants – under glass) + I/2 (mushrooms).
P3. Permanent crops = G/1 (fruit and berry plantations) + G/2 (citrus plantations) + G/3 (olive plantations) + G/4 (vineyards) + G/5 (nurseries) + G/6 (other permanent crops) + G/7 (permanent crops under glass).
P4. Meadows and grazing livestock = F/1 (permanent pasture and meadows, not including rough grazing) + F/2 (rough grazing) + J/1 (equidae) + J/2 (cattle under one year old) + J/3 (male cattle over one but under two years old) + J/4 (female cattle over one but under two years old) + J/5 (male cattle two years old and over) + J/6 (heifers) + J/7 (dairy cows) + J/8 (other cows) + J/9 (sheep) + J/10 (goats).
P5. Granivores = J/11 (piglets of less than 20 kilograms live weight) + J/12 (breeding sows of 50 kilograms or more) + J/13 (other pigs) + J/14 (broilers) + J/15 (laying hens) + J/16 (other poultry) + J/17 (rabbits, breeding females).
P11. Cereals = D/1 (common wheat and spelt) + D/2 (durum wheat) + D/3 (rye) + D/4 (barley) + D/5 (oats) + D/6 (grain maize) + D/7 (rice) + D/8 (other cereals).
P12. Oil seeds = D/26 (rape and turnip rape) + D/27 (sunflower) + D/28 (soya) + D/29 (linseed (oil flax)) + D30 (other oil seed crops).
P41. Cattle, dairying = J/2 (bovine animals under one year old) + J/4 (female bovine animals over one but under two years old) + J/6 (heifers) + J/7 (dairy cows).
P42. Cattle = J/2 (cattle under one year old) + J/3 (male bovine animals over one but under two years old) + J/4 (female bovine animals over one but under two years old) + J/5 (male bovine animals two years old and over) + J/6 (heifers) + J/7 (dairy cows) + J/8 (other cows).
P51. Pigs = J/11 (piglets of less than 20 kilograms live weight) + J/12 (breeding sows of 50 kilograms or more) + J/13 (other pigs).
P52. Poultry = J/14 (broilers) + J/15 (laying hens) + J/16 (other poultry).
P111. Cereals without rice = D/1 (common wheat and spelt) + D/2 (durum wheat) + D/3 (rye) + D/4 (barley) + D/5 (oats) + D/6 (grain maize) + D/8 (other cereals).
P121. Roots = D/10 (potatoes) + D/11 (sugar beet) + D/12 (Fodder roots and brassicas).”
(ii) Point II is replaced by the following:
“II. Correspondence between the headings of the structure surveys and the farm return of the Farm Accountancy Data Network (FADN)
(1) OJ L 56, 2.3.1988, p. 1.
(2) The characteristics D/12 (Fodder roots and brassicas), D/18 (Forage plants), D/21 (Fallow land without any subsidies), E (Kitchen gardens), F/1 (Pasture and meadows, excluding rough grazing), F/2 (Rough grazing) and J/11 (Piglets less than 20 kg live weight) are used only under certain conditions (see point 5 of Annex I).
(3) Successive secondary non-fodder crops (101) form part of general cropping (P1) and their SGMs are the same as those of the corresponding general crops.

Pending: 32003D0329

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal-by-products not intended for human consumption(1), and in particular Article 32(1) thereof,Whereas:(1) Regulation (EC) No 1774/2002 provides for a complete revision of Community rules concerning animal by-products not intended for human consumption, including the introduction of a number of strict requirements. In addition, it provides that appropriate transitional measures may be adopted.(2) In view of the strict nature of those requirements, it is necessary to provide for transitional measures for Belgium, France, the Netherlands and Finland in order to allow industry sufficient time to adjust. In addition, alternative collection, transport, storage, handling, processing and uses for animal by-products need to be further developed as well as disposal methods for those by-products.(3) Accordingly, as a temporary measure a derogation should be granted to Belgium, France, the Netherlands and Finland to enable them to authorise operators to continue to apply national rules for the heat treatment process for manure.(4) In order to prevent a risk to animal and public health appropriate control systems should be maintained in Belgium, France, the Netherlands and Finland for the period of the transitional measures.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1Derogation regarding the heat treatment process for manurePursuant to Article 32(1) of Regulation (EC) No 1774/2002 and by way of derogation from paragraph 5(b) of Chapter III of Annex VIII to that Regulation, Belgium, France, the Netherlands and Finland may continue to grant individual approvals, until 31 December 2004 at the latest, to operators of premises and facilities in conformity with national rules, to apply such rules, for the heat treatment process for manure, provided that the national rules:(a) guarantee the overall reduction of pathogens;(b) are only applied in premises and facilities that applied those rules on 1 November 2002; and(c) comply with the rest of the requirements of Chapter III of Annex VIII to Regulation (EC) No 1774/2002.Article 2Control measuresThe competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1Article 3Withdrawal of approvals and disposal of material not complying with this Decision1. Individual approvals by the competent authority for the heat treatment process for manure shall be immediately and permanently withdrawn in respect of any operator, premises or facilities if the conditions set out in this Decision are no longer fulfilled.2. The competent authority shall withdraw any approvals granted under

Article 1
Derogation regarding the heat treatment process for manure
Pursuant to Article 32(1) of Regulation (EC) No 1774/2002 and by way of derogation from paragraph 5(b) of Chapter III of Annex VIII to that Regulation, Belgium, France, the Netherlands and Finland may continue to grant individual approvals, until 31 December 2004 at the latest, to operators of premises and facilities in conformity with national rules, to apply such rules, for the heat treatment process for manure, provided that the national rules:
(a) guarantee the overall reduction of pathogens;
(b) are only applied in premises and facilities that applied those rules on 1 November 2002; and
(c) comply with the rest of the requirements of Chapter III of Annex VIII to Regulation (EC) No 1774/2002.

Article 2
Control measures
The competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1

Article 3
Withdrawal of approvals and disposal of material not complying with this Decision
1. Individual approvals by the competent authority for the heat treatment process for manure shall be immediately and permanently withdrawn in respect of any operator, premises or facilities if the conditions set out in this Decision are no longer fulfilled.
2. The competent authority shall withdraw any approvals granted under Article 1 by 31 December 2004 at the latest.
The competent authority shall not grant a final approval under Regulation (EC) No 1774/2002 unless on the basis of its inspections it is satisfied that the premises and facilities referred to in Article 1 meet all the requirements of that Regulation.
3. Any material that does not comply with the requirements of this Decision shall be disposed of in accordance with the instructions of the competent authority.

Article 4
Compliance with this Decision by the concerned Member States
Belgium, France, the Netherlands and Finland shall immediately take the necessary measures to comply with this Decision and shall publish those measures. They shall immediately inform the Commission thereof.

Article 5
Applicability
This Decision shall apply from 1 May 2003 to 31 December 2004.

Article 6
This Decision is addressed to the Kingdom of Belgium, the French Republic, the Kingdom of the Netherlands and the Republic of Finland.
Done at Brussels, 12 May 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 273, 10.10.2002, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal-by-products not intended for human consumption(1), and in particular Article 32(1) thereof,Whereas:(1) Regulation (EC) No 1774/2002 provides for a complete revision of Community rules concerning animal by-products not intended for human consumption, including the introduction of a number of strict requirements. In addition, it provides that appropriate transitional measures may be adopted.(2) In view of the strict nature of those requirements, it is necessary to provide for transitional measures for Belgium, France, the Netherlands and Finland in order to allow industry sufficient time to adjust. In addition, alternative collection, transport, storage, handling, processing and uses for animal by-products need to be further developed as well as disposal methods for those by-products.(3) Accordingly, as a temporary measure a derogation should be granted to Belgium, France, the Netherlands and Finland to enable them to authorise operators to continue to apply national rules for the heat treatment process for manure.(4) In order to prevent a risk to animal and public health appropriate control systems should be maintained in Belgium, France, the Netherlands and Finland for the period of the transitional measures.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1Derogation regarding the heat treatment process for manurePursuant to Article 32(1) of Regulation (EC) No 1774/2002 and by way of derogation from paragraph 5(b) of Chapter III of Annex VIII to that Regulation, Belgium, France, the Netherlands and Finland may continue to grant individual approvals, until 31 December 2004 at the latest, to operators of premises and facilities in conformity with national rules, to apply such rules, for the heat treatment process for manure, provided that the national rules:(a) guarantee the overall reduction of pathogens;(b) are only applied in premises and facilities that applied those rules on 1 November 2002; and(c) comply with the rest of the requirements of Chapter III of Annex VIII to Regulation (EC) No 1774/2002.Article 2Control measuresThe competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1Article 3Withdrawal of approvals and disposal of material not complying with this Decision1. Individual approvals by the competent authority for the heat treatment process for manure shall be immediately and permanently withdrawn in respect of any operator, premises or facilities if the conditions set out in this Decision are no longer fulfilled.2. The competent authority shall withdraw any approvals granted under
Derogation regarding the heat treatment process for manure
Pursuant to Article 32(1) of Regulation (EC) No 1774/2002 and by way of derogation from paragraph 5(b) of Chapter III of Annex VIII to that Regulation, Belgium, France, the Netherlands and Finland may continue to grant individual approvals, until 31 December 2004 at the latest, to operators of premises and facilities in conformity with national rules, to apply such rules, for the heat treatment process for manure, provided that the national rules:
(a) guarantee the overall reduction of pathogens;
(b) are only applied in premises and facilities that applied those rules on 1 November 2002; and
(c) comply with the rest of the requirements of Chapter III of Annex VIII to Regulation (EC) No 1774/2002.
Control measures
The competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1
Withdrawal of approvals and disposal of material not complying with this Decision
1. Individual approvals by the competent authority for the heat treatment process for manure shall be immediately and permanently withdrawn in respect of any operator, premises or facilities if the conditions set out in this Decision are no longer fulfilled.
2. The competent authority shall withdraw any approvals granted under Article 1 by 31 December 2004 at the latest.
The competent authority shall not grant a final approval under Regulation (EC) No 1774/2002 unless on the basis of its inspections it is satisfied that the premises and facilities referred to in Article 1 meet all the requirements of that Regulation.
3. Any material that does not comply with the requirements of this Decision shall be disposed of in accordance with the instructions of the competent authority.
Compliance with this Decision by the concerned Member States
Belgium, France, the Netherlands and Finland shall immediately take the necessary measures to comply with this Decision and shall publish those measures. They shall immediately inform the Commission thereof.
Applicability
This Decision shall apply from 1 May 2003 to 31 December 2004.
This Decision is addressed to the Kingdom of Belgium, the French Republic, the Kingdom of the Netherlands and the Republic of Finland.
Done at Brussels, 12 May 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 273, 10.10.2002, p. 1.

Pending: 32003D0287

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof and the sixth paragraph of point 2 of Annex V thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) In the case of tourist accommodation service, the ecological criteria should be divided into mandatory criteria, all of which must be complied with, and optional criteria, only a number of which need be complied with.(4) As regards the related fees, reductions should be made as provided for by Regulation (EC) 1980/2000 and Article 5 of Commission Decision 2000/728/EC of 10 November 2000 establishing the application and annual fees of the Community eco-label(2).(5) In the case of micro enterprises and mountain huts, it is appropriate to provide for further reductions in the fees in order to take account of their limited resources and their particular importance within this product group.(6) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(7) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 the service provided must fall within the product group “tourist accommodation service” as defined in Article 2 of this Decision and must comply with the ecological criteria set out in the Annex to this Decision.These criteria are divided into mandatory criteria, all of which must be complied with, and optional criteria, a number of which must be complied with, as indicated in the Annex.Article 2The product group “tourist accommodation service” shall comprise the provision, for a fee, of sheltered overnight accommodation in appropriately equipped rooms, including at least a bed, offered as a main service to tourists, travellers and lodgers. The provision of overnight sheltered accommodation may include the provision of food services, fitness activities and/or green areas.Article 31. The application and annual fees shall be as laid down in Decision 2000/728/EC.2. By way of derogation from paragraph 1, the application fee for micro enterprises and mountain huts shall be reduced by 75 % with no other reduction possible.The minimum annual fee shall be EUR 100, and the annual volume of sales, from which the annual fee is calculated, shall be reduced by 50 %.The annual volume of sales shall be calculated by multiplying the delivery price by the number of overnight stays and reducing the resulting product by 50 %. The delivery price shall be considered as the average fee paid by the guest for the overnight stay, including all the services which do not entail an extra charge. The reductions to the minimum annual fee set out in Article 2 of Decision 2000/728/EC shall apply.3. For the purposes of this Decision, micro-enterprises are as defined in Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises(3) and its subsequent amendments, and mountain huts shall mean a tourist accommodation suitable for offering a sheltered overnight stay in isolated mountain areas to mountaineers and hikers.Article 4For administrative purposes the code number assigned to the product group “tourist accommodation service” shall be “25”.Article 5This Decision shall apply from 1 May 2003 until 30 April 2007. If on 30 April 2007 revised criteria have not been adopted, this Decision shall apply until 30 April 2008.Article 6This Decision is addressed to the Member States.Done at Brussels, 14 April 2003.For the CommissionMargot WallströmMember of the Commission(1) OJ L 237, 21.9.2000, p. 1.(2) OJ L 293, 22.11.2000, p. 18.(3) OJ L 107, 30.4.1996, p. 4.ANNEXFRAMEWORKThe aims of the criteriaThe criteria aim to limit the main environmental impacts from the three phases of the service’s life cycle (purchasing, provision of the service, waste). In particular they aim to:- limit energy consumption,- limit water consumption,- limit waste production,- favour the use of renewable resources and of substances which are less hazardous to the environment,- promote environmental communication and education.Assessment and verification requirementsThe specific assessment and verification requirements are indicated within each criterion.Where appropriate, test methods and standards other than those indicated for each criterion may be used if their equivalence is accepted by the Competent Body assessing the application.Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), et cetera, as appropriate.Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria. (Note:it is not required to implement such management schemes.).MANDATORY CRITERIAAll the criteria in this section must be fulfilled.ENERGY1. Electricity from renewable sourcesAt least 22 % of the electricity shall come from renewable energy sources, as defined in Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market(1).This criterion only applies to tourist accommodation that has access to a market that offers energy generated from renewable energy sources.Assessment and verification: The applicant shall supply a declaration from (or the contract with) the electricity supplier indicating the nature of the renewable energy source(s), the percentage of electricity supplied that is from a renewable source, and an indication of the maximum percentage that can be supplied. According to Directive 2001/77/EC, renewable energy sources shall mean renewable non-fossil energy sources (wind, solar, geothermal wave, tidal, hydro power, biomass, landfill gas, sewage treatment plant gas and biogases).2. Coal and heavy oilsNo heavy oils having a sulphur content higher than 0,2 % and no coal shall be used as an energy source.This criterion only applies to tourist accommodation that has an independent heating system.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature of the energy sources used.3. Electricity for heatingAt least 22 % of the electricity used for heating rooms and sanitary hot water shall be from renewable energy sources, as defined in Directive 2001/77/EC.This criterion only applies to tourist accommodation that has an independent electrical heating system and has access to a market that offers electricity generated from renewable energy sources.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature and amounts of the energy sources used for heating, together with documentation on the boilers (heat generators) used, if any.4. Boiler efficiencyThe efficiency of any new boiler (heat generator) bought within the duration of the eco-label award shall be at least 90 %, as measured according to Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels(2), or according to relevant product norms and regulations for those boilers not covered by this Directive.Hot-water boilers fired with liquid or gaseous fuels as defined in Directive 92/42/EEC shall comply with efficiency standards as stated in the Directive.The efficiency of boilers excluded from Directive 92/42/EEC shall comply with the manufacturer’s instructions and with national and local legislation on efficiency.Assessment and verification: The applicant shall provide a technical report from those responsible for the sale and/or maintenance of the boiler indicating the efficiency. Directive 92/41/EC defines useful efficiency (expressed in %) as the ratio between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time.Article 3 of Directive 92/42/EEC excludes the following boilers: hot-water boilers capable of being fired by different fuels including solid fuels; equipment for the instantaneous preparation of hot water; boilers designed to be fired by fuels the properties of which differ appreciably from the properties of the liquid and gaseous fuels commonly marketed (industrial waste gas, biogas, etc.); cookers and appliances designed mainly to heat the premises in which they are installed and, as a subsidiary function, to supply hot water for central heating and sanitary hot water.5. Air conditioningAny air conditioning system bought within the duration of the eco-label award shall have at least Class B energy efficiency as laid down in Commission Directive 2002/31/EC of 22 March 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household air-conditioners(3), or have corresponding energy efficiency.Note:This criterion does not apply to air-conditioners that are either appliances that can also use other energy sources, or air-to-water and water-to-water appliances, or units with an output (cooling power) greater than 12 kW.Assessment and verification: The applicant shall provide a technical report from the professional technicians responsible for installation, sale and/or maintenance of the air conditioning system6. Window insulationAll windows in rooms shall have an appropriately high degree of thermal insulation according to local climate, and shall provide an appropriate degree of acoustic insulation.Assessment and verification: The applicant shall provide a self-declaration if sufficient or a declaration from a professional technician indicating compliance with this criterion.7. Switching off heating or air conditioningIf the heating and/or the air conditioning is not automatically switched off when windows are open, there shall be easily available information reminding the guest to close the window(s) if the heating or air conditioning is on.This criterion only applies to tourist accommodation that has heating and/or air conditioning.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with the text of the information (if applicable).8. Switching off lightsIf there is no automatic off switch for the light(s) in the room, there will be easily available information to the guests asking them to turn off the lights when leaving the room.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with the information procedures.9. Energy efficient light bulbs(a) Within one year from the date of application, at least 60 % of all light bulbs in the accommodation shall have an energy efficiency of Class A as defined in Commission Directive 98/11/EC of 27 January 1998 implementing Council Directive 92/75/EEC with regard to energy labelling of household lamps(4). This does not apply to light bulbs whose physical characteristics do not allow substitution by energy saving light bulbs.(b) Within one year from the date of application, at least 80 % of light bulbs that are situated where they are likely to be turned on for more than five hours a day shall have an energy efficiency of Class A as defined by Directive 98/11/EC. This does not apply to light bulbs whose physical characteristics do not allow substitution by energy saving light bulbs.Assessment and verification: The applicant shall provide a declaration of compliance with both parts of this criterion, together with an indication of the energy efficiency class of the different light bulbs used.10. Sauna timer controlAll sauna units shall have a timer control.Assessment and verification: The applicant shall provide a technical report from the professional technicians responsible for the installation and/or maintenance of these systems.WATER11. Water sourceThe accommodation shall declare to the water authority its willingness to switch to a different water source (e.g. mains water, surface water) if local water protection plan studies show evidence of a high environmental impact from using its current source of water.This criterion only applies if the tourist accommodation is not receiving its water from a mains water pipe.Assessment and verification: The applicant shall provide a declaration as above, together with appropriate documentation including the results of local water protection plan studies (if any), an indication of any necessary action to be taken, and documentation of relevant actions taken.12. Water flow from taps and showersThe water flow of the taps and showers shall not exceed 12 litres/minute.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an explanation as to how the accommodation fulfils the criterion, and relevant documentation as appropriate.13. Water saving in the bathroom and toiletsIn the bathroom and toilets there shall be adequate information to the guest on how to help the accommodation save water.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant information to guest.14. Waste bins in toiletsEach toilet shall have an appropriate waste bin and the guest shall be invited to use the waste bin instead of the toilet for appropriate waste.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an indication of the information to the guest.15. Urinal flushingUrinals shall have an automatic or manual flush such that no more than five urinals shall be flushed together.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation on the urinals installed.16. LeaksStaff shall be trained to check every day for visible leaks and to take appropriate action as necessary. The guest shall be invited to inform the staff of any leaks.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation on the topics covered in the training, and a copy of the information addressed to the guests.17. Changing towels and sheetsThe guest shall be informed of the environmental policy of the tourist accommodation whereby sheets and towels shall be changed either at his or her request, or by default once a week for lower class accommodation, and twice a week for higher class accommodation.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation showing how the guest is informed.18. Watering plants and gardensFlowers and gardens shall normally be watered before high sun or after sunset, where regional or climatic conditions make it appropriate.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.19. Waste water treatmentAll waste water shall be treated.If no link is possible to the local sewage treatment plant, the tourist accommodation shall have its own treatment system that meets the requirements of relevant local, national or European legislation.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with documentation on the connection to the local sewage treatment plant or on its own waste water treatment system as appropriate.20. Waste water planThe accommodation shall ask the local administration for its waste water plan and if there is one will follow it.Assessment and verification: The applicant shall provide the letter to the local waste water management requesting the local waste water design plan and the reply received. If there is a plan, the applicant shall provide documentation on the steps taken to follow it.DETERGENTS AND DISINFECTANTS21. DisinfectantsDisinfectants shall be used only where necessary in order to comply with legal hygiene requirements.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an indication of where and when disinfectants are used.22. Staff training on detergent and disinfectant useStaff shall be trained not to exceed the recommended amount of detergent and disinfectant indicated on the packaging.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with details of the relevant training.WASTE23. Waste separation by guestsAdequate receptacles shall be provided to allow guests to separate waste according to local or national systems. Clearly available information in the rooms shall ask the guests to separate their waste.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with details of the receptacles and a copy of the signs/information.24. Hazardous wasteThe staff shall separate hazardous waste as listed in Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to

Article 1
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 the service provided must fall within the product group “tourist accommodation service” as defined in Article 2 of this Decision and must comply with the ecological criteria set out in the Annex to this Decision.
These criteria are divided into mandatory criteria, all of which must be complied with, and optional criteria, a number of which must be complied with, as indicated in the Annex.

Article 2
The product group “tourist accommodation service” shall comprise the provision, for a fee, of sheltered overnight accommodation in appropriately equipped rooms, including at least a bed, offered as a main service to tourists, travellers and lodgers. The provision of overnight sheltered accommodation may include the provision of food services, fitness activities and/or green areas.

Article 3
1. The application and annual fees shall be as laid down in Decision 2000/728/EC.
2. By way of derogation from paragraph 1, the application fee for micro enterprises and mountain huts shall be reduced by 75 % with no other reduction possible.
The minimum annual fee shall be EUR 100, and the annual volume of sales, from which the annual fee is calculated, shall be reduced by 50 %.
The annual volume of sales shall be calculated by multiplying the delivery price by the number of overnight stays and reducing the resulting product by 50 %. The delivery price shall be considered as the average fee paid by the guest for the overnight stay, including all the services which do not entail an extra charge. The reductions to the minimum annual fee set out in Article 2 of Decision 2000/728/EC shall apply.
3. For the purposes of this Decision, micro-enterprises are as defined in Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises(3) and its subsequent amendments, and mountain huts shall mean a tourist accommodation suitable for offering a sheltered overnight stay in isolated mountain areas to mountaineers and hikers.

Article 4
For administrative purposes the code number assigned to the product group “tourist accommodation service” shall be “25”.

Article 5
This Decision shall apply from 1 May 2003 until 30 April 2007. If on 30 April 2007 revised criteria have not been adopted, this Decision shall apply until 30 April 2008.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 14 April 2003.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 293, 22.11.2000, p. 18.
(3) OJ L 107, 30.4.1996, p. 4.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof and the sixth paragraph of point 2 of Annex V thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) In the case of tourist accommodation service, the ecological criteria should be divided into mandatory criteria, all of which must be complied with, and optional criteria, only a number of which need be complied with.(4) As regards the related fees, reductions should be made as provided for by Regulation (EC) 1980/2000 and Article 5 of Commission Decision 2000/728/EC of 10 November 2000 establishing the application and annual fees of the Community eco-label(2).(5) In the case of micro enterprises and mountain huts, it is appropriate to provide for further reductions in the fees in order to take account of their limited resources and their particular importance within this product group.(6) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(7) The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 the service provided must fall within the product group “tourist accommodation service” as defined in Article 2 of this Decision and must comply with the ecological criteria set out in the Annex to this Decision.These criteria are divided into mandatory criteria, all of which must be complied with, and optional criteria, a number of which must be complied with, as indicated in the Annex.Article 2The product group “tourist accommodation service” shall comprise the provision, for a fee, of sheltered overnight accommodation in appropriately equipped rooms, including at least a bed, offered as a main service to tourists, travellers and lodgers. The provision of overnight sheltered accommodation may include the provision of food services, fitness activities and/or green areas.Article 31. The application and annual fees shall be as laid down in Decision 2000/728/EC.2. By way of derogation from paragraph 1, the application fee for micro enterprises and mountain huts shall be reduced by 75 % with no other reduction possible.The minimum annual fee shall be EUR 100, and the annual volume of sales, from which the annual fee is calculated, shall be reduced by 50 %.The annual volume of sales shall be calculated by multiplying the delivery price by the number of overnight stays and reducing the resulting product by 50 %. The delivery price shall be considered as the average fee paid by the guest for the overnight stay, including all the services which do not entail an extra charge. The reductions to the minimum annual fee set out in Article 2 of Decision 2000/728/EC shall apply.3. For the purposes of this Decision, micro-enterprises are as defined in Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises(3) and its subsequent amendments, and mountain huts shall mean a tourist accommodation suitable for offering a sheltered overnight stay in isolated mountain areas to mountaineers and hikers.Article 4For administrative purposes the code number assigned to the product group “tourist accommodation service” shall be “25”.Article 5This Decision shall apply from 1 May 2003 until 30 April 2007. If on 30 April 2007 revised criteria have not been adopted, this Decision shall apply until 30 April 2008.Article 6This Decision is addressed to the Member States.Done at Brussels, 14 April 2003.For the CommissionMargot WallströmMember of the Commission(1) OJ L 237, 21.9.2000, p. 1.(2) OJ L 293, 22.11.2000, p. 18.(3) OJ L 107, 30.4.1996, p. 4.ANNEXFRAMEWORKThe aims of the criteriaThe criteria aim to limit the main environmental impacts from the three phases of the service’s life cycle (purchasing, provision of the service, waste). In particular they aim to:- limit energy consumption,- limit water consumption,- limit waste production,- favour the use of renewable resources and of substances which are less hazardous to the environment,- promote environmental communication and education.Assessment and verification requirementsThe specific assessment and verification requirements are indicated within each criterion.Where appropriate, test methods and standards other than those indicated for each criterion may be used if their equivalence is accepted by the Competent Body assessing the application.Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), et cetera, as appropriate.Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria. (Note:it is not required to implement such management schemes.).MANDATORY CRITERIAAll the criteria in this section must be fulfilled.ENERGY1. Electricity from renewable sourcesAt least 22 % of the electricity shall come from renewable energy sources, as defined in Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market(1).This criterion only applies to tourist accommodation that has access to a market that offers energy generated from renewable energy sources.Assessment and verification: The applicant shall supply a declaration from (or the contract with) the electricity supplier indicating the nature of the renewable energy source(s), the percentage of electricity supplied that is from a renewable source, and an indication of the maximum percentage that can be supplied. According to Directive 2001/77/EC, renewable energy sources shall mean renewable non-fossil energy sources (wind, solar, geothermal wave, tidal, hydro power, biomass, landfill gas, sewage treatment plant gas and biogases).2. Coal and heavy oilsNo heavy oils having a sulphur content higher than 0,2 % and no coal shall be used as an energy source.This criterion only applies to tourist accommodation that has an independent heating system.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature of the energy sources used.3. Electricity for heatingAt least 22 % of the electricity used for heating rooms and sanitary hot water shall be from renewable energy sources, as defined in Directive 2001/77/EC.This criterion only applies to tourist accommodation that has an independent electrical heating system and has access to a market that offers electricity generated from renewable energy sources.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature and amounts of the energy sources used for heating, together with documentation on the boilers (heat generators) used, if any.4. Boiler efficiencyThe efficiency of any new boiler (heat generator) bought within the duration of the eco-label award shall be at least 90 %, as measured according to Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels(2), or according to relevant product norms and regulations for those boilers not covered by this Directive.Hot-water boilers fired with liquid or gaseous fuels as defined in Directive 92/42/EEC shall comply with efficiency standards as stated in the Directive.The efficiency of boilers excluded from Directive 92/42/EEC shall comply with the manufacturer’s instructions and with national and local legislation on efficiency.Assessment and verification: The applicant shall provide a technical report from those responsible for the sale and/or maintenance of the boiler indicating the efficiency. Directive 92/41/EC defines useful efficiency (expressed in %) as the ratio between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time.Article 3 of Directive 92/42/EEC excludes the following boilers: hot-water boilers capable of being fired by different fuels including solid fuels; equipment for the instantaneous preparation of hot water; boilers designed to be fired by fuels the properties of which differ appreciably from the properties of the liquid and gaseous fuels commonly marketed (industrial waste gas, biogas, etc.); cookers and appliances designed mainly to heat the premises in which they are installed and, as a subsidiary function, to supply hot water for central heating and sanitary hot water.5. Air conditioningAny air conditioning system bought within the duration of the eco-label award shall have at least Class B energy efficiency as laid down in Commission Directive 2002/31/EC of 22 March 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household air-conditioners(3), or have corresponding energy efficiency.Note:This criterion does not apply to air-conditioners that are either appliances that can also use other energy sources, or air-to-water and water-to-water appliances, or units with an output (cooling power) greater than 12 kW.Assessment and verification: The applicant shall provide a technical report from the professional technicians responsible for installation, sale and/or maintenance of the air conditioning system6. Window insulationAll windows in rooms shall have an appropriately high degree of thermal insulation according to local climate, and shall provide an appropriate degree of acoustic insulation.Assessment and verification: The applicant shall provide a self-declaration if sufficient or a declaration from a professional technician indicating compliance with this criterion.7. Switching off heating or air conditioningIf the heating and/or the air conditioning is not automatically switched off when windows are open, there shall be easily available information reminding the guest to close the window(s) if the heating or air conditioning is on.This criterion only applies to tourist accommodation that has heating and/or air conditioning.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with the text of the information (if applicable).8. Switching off lightsIf there is no automatic off switch for the light(s) in the room, there will be easily available information to the guests asking them to turn off the lights when leaving the room.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with the information procedures.9. Energy efficient light bulbs(a) Within one year from the date of application, at least 60 % of all light bulbs in the accommodation shall have an energy efficiency of Class A as defined in Commission Directive 98/11/EC of 27 January 1998 implementing Council Directive 92/75/EEC with regard to energy labelling of household lamps(4). This does not apply to light bulbs whose physical characteristics do not allow substitution by energy saving light bulbs.(b) Within one year from the date of application, at least 80 % of light bulbs that are situated where they are likely to be turned on for more than five hours a day shall have an energy efficiency of Class A as defined by Directive 98/11/EC. This does not apply to light bulbs whose physical characteristics do not allow substitution by energy saving light bulbs.Assessment and verification: The applicant shall provide a declaration of compliance with both parts of this criterion, together with an indication of the energy efficiency class of the different light bulbs used.10. Sauna timer controlAll sauna units shall have a timer control.Assessment and verification: The applicant shall provide a technical report from the professional technicians responsible for the installation and/or maintenance of these systems.WATER11. Water sourceThe accommodation shall declare to the water authority its willingness to switch to a different water source (e.g. mains water, surface water) if local water protection plan studies show evidence of a high environmental impact from using its current source of water.This criterion only applies if the tourist accommodation is not receiving its water from a mains water pipe.Assessment and verification: The applicant shall provide a declaration as above, together with appropriate documentation including the results of local water protection plan studies (if any), an indication of any necessary action to be taken, and documentation of relevant actions taken.12. Water flow from taps and showersThe water flow of the taps and showers shall not exceed 12 litres/minute.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an explanation as to how the accommodation fulfils the criterion, and relevant documentation as appropriate.13. Water saving in the bathroom and toiletsIn the bathroom and toilets there shall be adequate information to the guest on how to help the accommodation save water.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant information to guest.14. Waste bins in toiletsEach toilet shall have an appropriate waste bin and the guest shall be invited to use the waste bin instead of the toilet for appropriate waste.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an indication of the information to the guest.15. Urinal flushingUrinals shall have an automatic or manual flush such that no more than five urinals shall be flushed together.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation on the urinals installed.16. LeaksStaff shall be trained to check every day for visible leaks and to take appropriate action as necessary. The guest shall be invited to inform the staff of any leaks.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation on the topics covered in the training, and a copy of the information addressed to the guests.17. Changing towels and sheetsThe guest shall be informed of the environmental policy of the tourist accommodation whereby sheets and towels shall be changed either at his or her request, or by default once a week for lower class accommodation, and twice a week for higher class accommodation.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with relevant documentation showing how the guest is informed.18. Watering plants and gardensFlowers and gardens shall normally be watered before high sun or after sunset, where regional or climatic conditions make it appropriate.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.19. Waste water treatmentAll waste water shall be treated.If no link is possible to the local sewage treatment plant, the tourist accommodation shall have its own treatment system that meets the requirements of relevant local, national or European legislation.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with documentation on the connection to the local sewage treatment plant or on its own waste water treatment system as appropriate.20. Waste water planThe accommodation shall ask the local administration for its waste water plan and if there is one will follow it.Assessment and verification: The applicant shall provide the letter to the local waste water management requesting the local waste water design plan and the reply received. If there is a plan, the applicant shall provide documentation on the steps taken to follow it.DETERGENTS AND DISINFECTANTS21. DisinfectantsDisinfectants shall be used only where necessary in order to comply with legal hygiene requirements.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with an indication of where and when disinfectants are used.22. Staff training on detergent and disinfectant useStaff shall be trained not to exceed the recommended amount of detergent and disinfectant indicated on the packaging.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with details of the relevant training.WASTE23. Waste separation by guestsAdequate receptacles shall be provided to allow guests to separate waste according to local or national systems. Clearly available information in the rooms shall ask the guests to separate their waste.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with details of the receptacles and a copy of the signs/information.24. Hazardous wasteThe staff shall separate hazardous waste as listed in Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 the service provided must fall within the product group “tourist accommodation service” as defined in Article 2 of this Decision and must comply with the ecological criteria set out in the Annex to this Decision.
These criteria are divided into mandatory criteria, all of which must be complied with, and optional criteria, a number of which must be complied with, as indicated in the Annex.
The product group “tourist accommodation service” shall comprise the provision, for a fee, of sheltered overnight accommodation in appropriately equipped rooms, including at least a bed, offered as a main service to tourists, travellers and lodgers. The provision of overnight sheltered accommodation may include the provision of food services, fitness activities and/or green areas.
1. The application and annual fees shall be as laid down in Decision 2000/728/EC.
2. By way of derogation from paragraph 1, the application fee for micro enterprises and mountain huts shall be reduced by 75 % with no other reduction possible.
The minimum annual fee shall be EUR 100, and the annual volume of sales, from which the annual fee is calculated, shall be reduced by 50 %.
The annual volume of sales shall be calculated by multiplying the delivery price by the number of overnight stays and reducing the resulting product by 50 %. The delivery price shall be considered as the average fee paid by the guest for the overnight stay, including all the services which do not entail an extra charge. The reductions to the minimum annual fee set out in Article 2 of Decision 2000/728/EC shall apply.
3. For the purposes of this Decision, micro-enterprises are as defined in Commission Recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises(3) and its subsequent amendments, and mountain huts shall mean a tourist accommodation suitable for offering a sheltered overnight stay in isolated mountain areas to mountaineers and hikers.
For administrative purposes the code number assigned to the product group “tourist accommodation service” shall be “25”.
This Decision shall apply from 1 May 2003 until 30 April 2007. If on 30 April 2007 revised criteria have not been adopted, this Decision shall apply until 30 April 2008.
This Decision is addressed to the Member States.
Done at Brussels, 14 April 2003.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 293, 22.11.2000, p. 18.
(3) OJ L 107, 30.4.1996, p. 4.
The aims of the criteria
The criteria aim to limit the main environmental impacts from the three phases of the service’s life cycle (purchasing, provision of the service, waste). In particular they aim to:
– limit energy consumption,
– limit water consumption,
– limit waste production,
– favour the use of renewable resources and of substances which are less hazardous to the environment,
– promote environmental communication and education.
Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where appropriate, test methods and standards other than those indicated for each criterion may be used if their equivalence is accepted by the Competent Body assessing the application.
Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), et cetera, as appropriate.
Where appropriate, Competent Bodies may require supporting documentation and may carry out independent verifications.
The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria. (Note:
it is not required to implement such management schemes.).
MANDATORY CRITERIA
All the criteria in this section must be fulfilled.
1. Electricity from renewable sources
At least 22 % of the electricity shall come from renewable energy sources, as defined in Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market(1).
This criterion only applies to tourist accommodation that has access to a market that offers energy generated from renewable energy sources.
Assessment and verification: The applicant shall supply a declaration from (or the contract with) the electricity supplier indicating the nature of the renewable energy source(s), the percentage of electricity supplied that is from a renewable source, and an indication of the maximum percentage that can be supplied. According to Directive 2001/77/EC, renewable energy sources shall mean renewable non-fossil energy sources (wind, solar, geothermal wave, tidal, hydro power, biomass, landfill gas, sewage treatment plant gas and biogases).
2. Coal and heavy oils
No heavy oils having a sulphur content higher than 0,2 % and no coal shall be used as an energy source.
This criterion only applies to tourist accommodation that has an independent heating system.
Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature of the energy sources used.
3. Electricity for heating
At least 22 % of the electricity used for heating rooms and sanitary hot water shall be from renewable energy sources, as defined in Directive 2001/77/EC.
This criterion only applies to tourist accommodation that has an independent electrical heating system and has access to a market that offers electricity generated from renewable energy sources.
Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the nature and amounts of the energy sources used for heating, together with documentation on the boilers (heat generators) used, if any.
4. Boiler efficiency
The efficiency of any new boiler (heat generator) bought within the duration of the eco-label award shall be at least 90 %, as measured according to Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels(2), or according to relevant product norms and regulations for those boilers not covered by this Directive.
Hot-water boilers fired with liquid or gaseous fuels as defined in Directive 92/42/EEC shall comply with efficiency standards as stated in the Directive.
The efficiency of boilers excluded from Directive 92/42/EEC shall comply with the manufacturer’s instructions and with national and local legislation on efficiency.
Assessment and verification: The applicant shall provide a technical report from those responsible for the sale and/or maintenance of the boiler indicating the efficiency. Directive 92/41/EC defines useful efficiency (expressed in %) as the ratio between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time.

Pending: 32003D0249

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/22/EC(2), and in particular Article 15(1) thereof,Having regard to the request made by France,Whereas:(1) Under Directive 2000/29/EC, plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada and the continental states of the United States of America, may not in principle be introduced into the Community. However, that Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms.(2) In Chile, the multiplication of plants of Fragaria L., intended for planting, other than seeds, from plants supplied by a Member State, has become an established practice. The plants produced are afterwards exported to the Community to be planted for fruit production.(3) Since the 2001 season, by Commission Decisions 2000/700/EC(3) and 2002/316/EC(4), derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in Chile have been authorised for limited periods and subject to specific conditions.(4) The circumstances justifying those derogations are still valid, and there is no new information giving cause for revision of the specific conditions.(5) The Member States should therefore be authorised to provide for derogations, for certain limited periods and subject to specific conditions.(6) That authorisation to provide for derogations should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DECISION:Article 1Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile (hereinafter referred to as the plants).The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:(a) 1 June 2003 to 30 September 2003;(b) 1 June 2004 to 30 September 2004;(c) 1 June 2005 to 30 September 2005; and(d) 1 June 2006 to 30 September 2006.Article 2Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:(a) the information on quantities of plants imported pursuant to this Decision; and(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.Article 3Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.Article 4This Decision is addressed to the Member States.Done at Brussels, 9 April 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 78, 25.3.2003, p. 10.(3) OJ L 287, 14.11.2000, p. 65.(4) OJ L 113, 30.4.2002, p. 32.ANNEXSpecific conditions applying to plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile benefiting from derogations provided for in

Article 1
Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile (hereinafter referred to as the plants).
The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:
(a) 1 June 2003 to 30 September 2003;
(b) 1 June 2004 to 30 September 2004;
(c) 1 June 2005 to 30 September 2005; and
(d) 1 June 2006 to 30 September 2006.

Article 2
Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:
(a) the information on quantities of plants imported pursuant to this Decision; and
(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.
Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.

Article 3
Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 9 April 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 78, 25.3.2003, p. 10.
(3) OJ L 287, 14.11.2000, p. 65.
(4) OJ L 113, 30.4.2002, p. 32.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/22/EC(2), and in particular Article 15(1) thereof,Having regard to the request made by France,Whereas:(1) Under Directive 2000/29/EC, plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada and the continental states of the United States of America, may not in principle be introduced into the Community. However, that Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms.(2) In Chile, the multiplication of plants of Fragaria L., intended for planting, other than seeds, from plants supplied by a Member State, has become an established practice. The plants produced are afterwards exported to the Community to be planted for fruit production.(3) Since the 2001 season, by Commission Decisions 2000/700/EC(3) and 2002/316/EC(4), derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in Chile have been authorised for limited periods and subject to specific conditions.(4) The circumstances justifying those derogations are still valid, and there is no new information giving cause for revision of the specific conditions.(5) The Member States should therefore be authorised to provide for derogations, for certain limited periods and subject to specific conditions.(6) That authorisation to provide for derogations should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DECISION:Article 1Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile (hereinafter referred to as the plants).The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:(a) 1 June 2003 to 30 September 2003;(b) 1 June 2004 to 30 September 2004;(c) 1 June 2005 to 30 September 2005; and(d) 1 June 2006 to 30 September 2006.Article 2Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:(a) the information on quantities of plants imported pursuant to this Decision; and(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.Article 3Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.Article 4This Decision is addressed to the Member States.Done at Brussels, 9 April 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 78, 25.3.2003, p. 10.(3) OJ L 287, 14.11.2000, p. 65.(4) OJ L 113, 30.4.2002, p. 32.ANNEXSpecific conditions applying to plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile benefiting from derogations provided for in
Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile (hereinafter referred to as the plants).
The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:
(a) 1 June 2003 to 30 September 2003;
(b) 1 June 2004 to 30 September 2004;
(c) 1 June 2005 to 30 September 2005; and
(d) 1 June 2006 to 30 September 2006.
Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:
(a) the information on quantities of plants imported pursuant to this Decision; and
(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.
Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.
Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 9 April 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 78, 25.3.2003, p. 10.
(3) OJ L 287, 14.11.2000, p. 65.
(4) OJ L 113, 30.4.2002, p. 32.
Specific conditions applying to plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Chile benefiting from derogations provided for in Article 1 of this Decision
1. The plants shall be intended for fruit production within the Community and shall have been:
(a) produced exclusively from mother plants, which were imported from Member State and certified under an approved certification scheme of a Member State;
(b) grown on land which:
– is situated in an area isolated from commercial strawberry production,
– is situated at least one kilometre from the nearest crop of strawberry plants grown for fruit or runner production which do not satisfy the conditions of this Decision,
– is situated at least 200 metres from any other plants of the genus Fragaria which do not satisfy the conditions of this Decision, and
– was, subsequent to the removal of the previous crops and before the planting of the plants, either officially tested by appropriate methods and shown to be free from harmful soil infesting organisms including Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens, or treated to ensure it was free from those organisms;
(c) officially inspected by the Plant Protection Service of Chile, at least three times during the growing season and again prior to export for the presence of the harmful organisms listed in part A of Annexes I and II to Directive 2000/29/EC, in particular:
– Arabis mosaic virus,
– Colletotrichum acutatum Simmonds,
– Globodera pallida (Stone) Behrens,
– Globodera rostochiensis (Wollenweber) Behrens,
– Naupactus leucoloma (Boheman),
– Phytophthora fragariae Hickmann var. fragariae,
– Strawberry crinkle virus,
– Strawberry mild yellow edge virus,
– Strawberry vein banding virus,
– Xanthomonas fragariae Kennedy and King,
– Xiphinema americanum Cobb sensu lato (non European populations);
and of any other harmful organism which is not known to occur in the Community such as:
– Aegorhinus phaleratus Erichson,
– Aegorhinus superciliosus germari (Gay Solier),
– Chaetosiphon thomasi Hille Risambers,
– Pseudoleucania bilitura Guenée,
– Fusarium oxysporum fsp. fragariae,
– Fragaria Chiloensis ilar virus,
and on each occasion found to be free from all such organisms;
(d) prior to export:
– shaken free from soil or other growing medium,
– cleaned (i.e. free from plant debris) and free from flowers and fruits.
2. The plants shall be accompanied by a phytosanitary certificate issued in Chile in accordance with Article 7(1) and Article 13(1) of Directive 2000/29/EC, on the basis of the examination laid down therein.
The certificate shall state:
– under the rubric “Disinfestation and/or disinfection treatment”, the specification of the last treatment(s) applied prior to export,
– under “Additional Declaration”, the indication “This consignment meets the conditions laid down in Commission Decision 2003/249/EC”, as well as the name of the variety and the Member State certification scheme under which the mother plants have been certified.
3. The plants shall be introduced through points of entry designated for the purpose of the authorisation by the Member State in which they are situated.
Those points of entry and the name and address of the responsible official body referred to in Directive 2000/29/EC in charge of each point of entry shall be notified sufficiently in advance by the Member States to the Commission and shall be made available on request to other Member States.
Where the introduction of the plants into the Community takes place in a Member State other than the Member State making use of the authorisation, the responsible official bodies of the Member State of introduction shall inform and cooperate with the responsible official bodies of the Member States making use of the authorisation to ensure that this Decision is complied with.
4. Prior to introduction of the plants into the Community, the importer shall be officially informed of the conditions laid down in points 1 to 6.
The said importer shall notify details of each introduction sufficiently in advance to the responsible official bodies of the Member State of introduction indicating the following:
– the type of material,
– the quantity of plants,
– the intended date of introduction into the Community,
– the intended point of entry into the Community,
– the name, addresses and the locations where the plants are to be stored under official control pending the results of the inspections referred to in point 5 or of the premises referred to in point 6 where the plants are to be planted after having successfully undergone the inspections and testing referred to in point 5.
The importer shall inform the responsible official bodies concerned of any changes to the details referred to in this point as soon as they are known.
The Member State concerned shall inform the Commission of the details referred to in this point, and of any changes to them without delay.
At least two weeks before the date the plants are moved from the premises where they are stored, the importer shall notify the responsible official body of the premises referred to in point 6 where the plants are to be planted.
5. The inspections including testing, as appropriate, required under Article 13 of Directive 2000/29/EC and under point 8 of this Decision shall be made by the responsible official bodies in the Member State making use of the authorisation, and where appropriate, in cooperation with the responsible official bodies of the Member State where the plants are to be planted.
During those inspections, Member State(s) shall also inspect, and where appropriate, test for harmful organisms mentioned in point 1(c). Any finding of such harmful organisms shall immediately be notified to the Commission. Appropriate action shall be taken to destroy the harmful organisms and where appropriate the plants concerned.