ISSN 1725-2423 Official Journal C 244 of the European Union
Volume 51
English edition Information and Notices 25 September 2008
Notice No Contents Page
II Information
INTERINSTITUTIONAL AGREEMENTS
European Ombudsman European Investment Bank
2008/C 244/01 Memorandum of Understanding between the European Ombudsman and the European Investment Bank concerning information on the Bank's policies, standards and procedures and the handling of complaints, including complaints from non-citizens and non-residents of the European Union ...... 1
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
Commission
2008/C 244/02 Euro exchange rates ...... 3
2008/C 244/03 Report from the Commission — Safety of third-country aircraft using Community airports (Report on the application of Directive 2004/36/EC of the European Parliament and of the Council) (1) ...... 4
European Defence Agency
2008/C 244/04 Publication of the final accounts for the financial year 2007 ...... 12
EN (1) Text with EEA relevance (Continued overleaf) 2 Notice No Contents (continued) Page
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
The EEA Joint Committee
2008/C 244/05 Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled ...... 13
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
Commission
2008/C 244/06 Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding applications for exclusive licences to prospect for liquid and gaseous hydrocarbons, designated the ‘Languedoc Licence’ and the ‘Plaines du Languedoc Licence’) (1) ...... 19
2008/C 244/07 Prior notification of a concentration (Case COMP/M.5321 — LAHC/Barclays Life) — Candidate case for simplified procedure (1) ...... 21
2008/C 244/08 Prior notification of a concentration (Case COMP/M.5285 — Fortis/Delta Lloyd ABN AMRO Verzekeringen Holding BV) — Candidate case for simplified procedure (1) ...... 22
OTHER ACTS
Commission
2008/C 244/09 Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ...... 23
2008/C 244/10 Publication of an application pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed ...... 27
Corrigenda
2008/C 244/11 Corrigendum to Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 155, 20.6.2008) ...... 32
Note to the reader (see page 3 of the cover)
EN (1) Text with EEA relevance 25.9.2008 EN Official Journal of the European Union C 244/1
II
(Information)
INTERINSTITUTIONAL AGREEMENTS
EUROPEAN OMBUDSMAN
EUROPEAN INVESTMENT BANK
Memorandum of Understanding between the European Ombudsman and the European Investment Bank concerning information on the Bank's policies, standards and procedures and the handling of complaints, including complaints from non-citizens and non-residents of the European Union
(2008/C 244/01)
1. Background and objectives of the present Memorandum of Understanding
The European Ombudsman (the ‘EO’) and the European Investment Bank (the ‘EIB’) are part of, and function within, the institutional framework of the European Union.
The EIB is the financing institution of the European Union. The capital of the EIB is subscribed by the Member States of the EU. The EIB has its own legal personality and enjoys financial autonomy within the EU system. The EIB raises substantial volumes of funds on the capital markets which it lends on favourable terms to projects furthering EU policy objectives. Outside the EU, EIB lending (‘external lending’) is based on EU external cooperation and development policies.
The EO, who is elected by and reports to the European Parliament, is required to be completely independent in the performance of his duties. The EO has power to conduct inquiries concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and Court of First Instance acting in their judicial role. Inquiries may be conducted on the EO's own-initiative, or following a complaint. Any citizen of the European Union, and any natural or legal person residing or having its registered office in a Member State is entitled to complain to the EO.
The present Memorandum of Understanding builds on the experience of good co-operation between the EIB and the EO in relation to the EO's inquiries into possible maladministration by the EIB.
The common objective of the EO and the EIB is to ‘raise the bar’ in relation to stakeholders' engagement and protection as regards the EIB's activities and, in particular, to extend such protection to physical and legal persons who are not citizens or residents of one of the Member States of the EU, or who do not have a registered office in one of the EU Member States. The present Memorandum provides a basis for construc- tive co-operation in pursuit of this objective.
2. Points of principle
The EO and the EIB share the same view on the following points of principle:
I. The EIB should inform the public about the policies, standards and procedures that apply to the environ- mental, social and developmental aspects of its activities.
II. The concept of ‘maladministration’ applied by the EO includes failure to comply with human rights, with the applicable law, or with the principles of good administration. C 244/2EN Official Journal of the European Union 25.9.2008
III. One of the requirements of good administration is that the EIB should comply with its established poli- cies, standards and procedures. IV. Before turning to the EO, complainants should have recourse to an effective internal EIB complaints procedure. On the basis of the above points and the experience gained through their good co-operation so far, the EO and EIB declare the following: — the EIB declares that: 1. it has in place a Complaints Mechanism Policy which aims at providing members of the public with an institutional procedure, internal to the EIB, for the handling of complaints. The Complaints Mechanism Policy includes the EIB's commitment to ensure the adequate engagement of stakeholders as well as internal procedures for that purpose; 2. with a view to improving the information available to the public in relation to the relevant standards and policies applying to the EIB's activities, Annex I of the Complaints Mechanism Policy provides a list of relevant documents which are also accessible through the EIB's website; 3. it is committed to launching a public consultation on its Complaints Mechanism Policy in early 2009, — the EO declares that: 1. whenever the only reason not to inquire into a complaint alleging maladministration by the EIB is that the complainant is not a citizen or resident of the EU, the EO is committed to using the own-ini- tiative power to open an inquiry into the matter; 2. the EO does not consider it appropriate to substitute his judgement for that of the EIB as regards substantive environmental, social and developmental questions that may arise during an inquiry into possible maladministration. The EO considers that his role is to review whether the EIB has provided a consistent and reasonable explanation of its position in relation to such matters; 3. the EO considers that the record of how the EIB has dealt with the matters raised in the complaint through its own internal mechanisms and procedures is the appropriate starting point for his own review. Complaints should therefore include an explanation of why the complainant contests the record, or the EIB's position as set out therein (1).
3. Final provisions The present Memorandum of Understanding is not intended to establish legal rights or obligations, either in the relationship between the EO and the EIB or vis-à-vis third parties. No provision of this Memorandum of Understanding shall be construed so as to interfere in any way with the decision-making autonomy of the two parties with regard to their respective areas of activity, or to run counter to, or modify, either party's legal obligations. The EIB and the EO will endeavour to meet regularly, in principle at least once a year, in order to exchange views on the practical implementation of the provisions of the present Memorandum of Understanding and to discuss possible improvements. They intend, in particular, to review the present Memorandum of Under- standing to take account of the results of the EIB's public consultation on its Complaints Mechanism Policy. This Memorandum of Understanding may be reviewed at the request of either party and either party has the right to withdraw from it at any time.
Luxembourg, 9 July 2008.
P. Nikiforos DIAMANDOUROS Philippe MAYSTADT European Ombudsman President of the European Investment Bank
(1) Article 2.4 of the Statute of the Ombudsman provides that a complaint must be ‘preceded by the appropriate administra- tive approaches to the institutions and bodies concerned’. 25.9.2008 EN Official Journal of the European Union C 244/3
IV
(Notices)
NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
COMMISSION
Euro exchange rates (1) 24 September 2008
(2008/C 244/02)
1 euro =
Currency Exchange rate Currency Exchange rate
USD US dollar 1,469 TRY Turkish lira 1,8266 JPY Japanese yen 155,57 AUD Australian dollar 1,7558 DKK Danish krone 7,4599 CAD Canadian dollar 1,5205 GBP Pound sterling 0,79235 HKD Hong Kong dollar 11,4051 SEK Swedish krona 9,6435 NZD New Zealand dollar 2,1489 CHF Swiss franc 1,5951 SGD Singapore dollar 2,088 ISK Iceland króna 139,91 KRW South Korean won 1 694,49 NOK Norwegian krone 8,259 ZAR South African rand 12,0385 BGN Bulgarian lev 1,9558 CNY Chinese yuan renminbi 10,024 CZK Czech koruna 24,329 HRK Croatian kuna 7,111 EEK Estonian kroon 15,6466 IDR Indonesian rupiah 13 713,12 HUF Hungarian forint 241,34 MYR Malaysian ringgit 5,0277 LTL Lithuanian litas 3,4528 PHP Philippine peso 68,01 LVL Latvian lats 0,7083 RUB Russian rouble 36,714 PLN Polish zloty 3,3266 THB Thai baht 49,953 RON Romanian leu 3,6755 BRL Brazilian real 2,7024 SKK Slovak koruna 30,3 MXN Mexican peso 15,8108
(1) Source: reference exchange rate published by the ECB. C 244/4EN Official Journal of the European Union 25.9.2008
REPORT FROM THE COMMISSION Safety of third-country aircraft using Community airports (Report on the application of Directive 2004/36/EC of the European Parliament and of the Council)
(Text with EEA relevance)
(2008/C 244/03)
1. INTRODUCTION EU Member State; although the Directive does in no way prohibit EU Member States from inspecting aircraft from other EU Member States.
Ever since its inception under the auspices of the European Civil Aviation Conference (ECAC) in association with the Joint Avia- tion Authorities (JAA) back in 1996, the SAFA (safety assess- Article 13 of the SAFA Directive requires the Commission to ment of foreign aircraft) Programme has increasingly proven to report to the European Parliament and to the Council by be a vanguard in enhancing European, and indeed international, 30 April 2008 on its application of this Directive. It specifies aviation safety. This, albeit the obvious limitations inherent in further that the Commission's report should be accompanied, if the Programme such as human and technical resources as well necessary, by proposals for revision of the Directive. The essen- as the restricted nature of the very ‘ramp inspection’ itself — tial aim of this report is to indicate how well the objective of the cornerstone of the Programme. the Directive have been achieved and how far the application of the Directive has contributed towards enhancing aviation safety in Europe.
The European Community (EC) has from the outset fully endorsed and supported the SAFA Programme, participating actively through membership in the SAFA Steering Committee In order to place this discussion in context, this report also and also through the provision of funding made available to the describes and assesses changes in the management and develop- JAA by the European Commission. ment of the SAFA Programme since 2004 and aims to discern to what extent the Directive's regulatory framework has contributed to those changes. This quantitative and qualitative work called for a comprehensive inventory of measures, already taken or planned in the Commission's legislative Programme. Within the framework of the Community's overall strategy to establish and maintain a high uniform level of civil aviation safety in Europe, on 21 April 2004 the Community adopted Directive 2004/36/EC of the European Parliament and of the Council on the safety of third-country aircraft using Community airports (1) — the so-called ‘SAFA Directive’. 2. IMPLEMENTATION
Whilst the Community obligations of the Member States deriving from this Directive could be to a large extent Legal aspects discharged through their participation in the ECAC SAFA Programme — the management of which had been delegated to the JAA — the Programme was not based upon a European legal binding basis but upon a commitment of the Directors Directive 2004/36/EC gave EU Member States a window of two General of the participating ECAC Member States. The scope of years for the enactment of national measures aimed at trans- ‘ ’ the inspections relating to foreign aircraft implied those aircraft posing its provisions. Whilst the deadline stipulated in Article 11 which are not used or operated under the control of the compe- of the Directive was 30 April 2006 for the then EU-15, transi- tent authority of the State where the inspection takes place. tional periods were established for the implementation of the Directive by the ten new Member States which joined the Union on 1 May 2004.
Compared to the ‘voluntary’ nature of their participation in the ECAC SAFA Programme so far, Directive 2004/36/EC intro- duced a clear legal obligation upon European Union (EU) As shown in table 1 below, although a significant number of Member States to inspect third-country aircraft landing at their Member States did not enact appropriate transposition measures airports and to participate to the collection and exchange of on time, there were no major problems for Member States in information on the ramp inspections carried out. In this case, implementing the provisions of the Directive — with two ‘third-country aircraft’ implied an aircraft which is not used or minor exceptions. This was largely due to the fact that the main operated under control of a competent authority of an obligations contained in the Directive were already, to a large extent, discharged through the participation in the ECAC SAFA (1) OJ L 143, 30.4.2004, p. 76. Programme. 25.9.2008 EN Official Journal of the European Union C 244/5
Table 1 Transposition by Member States
Opening of infraction Transposition Member State Deadline type Procedures Current status deadline for non- communication
Austria 30.4.2006 Ordinary deadline X Case closed on 27.6.2007
Belgium 30.4.2006 Ordinary deadline
Bulgaria 1.1.2007 Ordinary deadline
Cyprus 30.4.2006 Transitional period
Czech Republic 30.4.2006 Transitional period X Case closed on 12.10.2006
Denmark 30.4.2006 Ordinary deadline X Case closed on 12.10.2006
Eire 30.4.2006 Ordinary deadline X Case closed on 11.12.2007
Estonia 30.4.2006 Transitional period
Finland 30.4.2006 Ordinary deadline
France 30.4.2006 Ordinary deadline X Case closed on 21.3.2007
Germany 30.4.2006 Ordinary deadline X Case closed on 12.10.2006
Greece 30.4.2006 Ordinary deadline X Case closed on 17.10.2007
Hungary 30.4.2006 Transitional period X Case closed on 27.6.2007
Italy 30.4.2006 Ordinary deadline X Case closed on 31.1.2008
Latvia 30.4.2006 Transitional period X Case closed on 12.10.2006
Lithuania 30.4.2006 Transitional period
Luxembourg 30.4.2006 Ordinary deadline X Lack of transposition declared by judgement of the European Court of Justice of 1.4.2008
Malta 30.4.2006 Transitional period X Case closed on 27.6.2007
Netherlands 30.4.2006 Ordinary deadline X Case closed on 12.12.2006 C 244/6EN Official Journal of the European Union 25.9.2008
Opening of infraction Transposition Member State Deadline type Procedures Current status deadline for non- communication
Poland (1) 30.4.2006 Transitional period X Case still under review (referred to the European Court of Justice on 28.11.2007)
Portugal 30.4.2006 Ordinary deadline
Romania 1.1.2007 Ordinary deadline
Slovakia 30.4.2006 Transitional period
Slovenia 30.4.2006 Transitional period X Case closed on 12.12.2006
Spain 30.4.2006 Ordinary deadline
Sweden 30.4.2006 Ordinary deadline X Case closed on 12.12.2006
United Kingdom 30.4.2006 Ordinary deadline X Case closed on 12.10.2006
(1) Poland has communicated a set of revised implementing measures on 13 March 2008 which are currently under review by the Commission's legal services.
Operational aspects Aditionally, the Directive has:
— definitely contributed to the significant increase of SAFA In nearly all Member States, the number of operating flights is ramp inspections conducted by the Member States over the far greater than the inspection capacities. This means that only past years (see table 2 below), spot checks are possible with regard to SAFA ramp inspections. Hitherto therefore, these have been organised either on a random basis, or based upon relevant information whereby it might be decided to focus the inspection (see 5.2 below) — promoted and facilitated the exchange of aviation-safety according to certain criteria — e.g. regular analysis of the data- related information between the Member States themselves base by the European Aviation Safety Agency (EASA) or recom- together with the Commission and EASA as well as foreign mendations issued by the European Commission or national civil aviation authorities and international organisations, policies and priorities.
— been recognised as an increasingly effective deterrent tool vis-à-vis potentially unsafe operators flying into the Com- munity.
3. EFFECTS OF THE DIRECTIVE Moreover, the sound implementation of the Directive has proven to be a key element underpinning the establishment — through Regulation (EC) No 2111/2005 of the European Parliament and of the Council (1) — of a list of air carriers First and foremost, Directive 2004/36/EC established the inspec- subject to an operating ban within the Community — tion of third-country aircraft using Community airports as a commonly referred to as the ‘blacklist’. legal obligation on Member States.
Secondly, the Directive introduced a harmonised approach to the effective enforcement of international safety standards Indeed, following the entry into force of the abovementioned within the Community by harmonising the rules and procedures Regulation, SAFA ramp inspection reports and the record of for ramp inspections of third-country aircraft landing at Com- subsequent follow-up actions by Member States have acquired munity airports. Within this context, it also laid the groundwork paramount importance as a primary criterion in investigations for the facilitation of harmonised training of inspectors and leading to the proposal for, and the eventual inclusion of several personnel participating in the Programme, the development of operators in the Community ‘blacklist’. procedures and proposals for improving the Programme and its tools, and the reporting on the information gathered. (1) OJ L 344, 27.12.2005, p. 15. 25.9.2008 EN Official Journal of the European Union C 244/7
Table 2 Number of SAFA Inspections per country per year EU Member States 2002-2007
Total 2002 2003 2004 2005 2006 2007 reports
1 Belgique/België 104 92 74 73 84 100 527
2 България 7 7
3 Česká republika 32 28 18 39 40 24 181
4 Danmark 51 50 50 60 60 60 331
5 Deutschland 1 065 992 840 793 786 845 5 321
6 Eesti 10 6 11 18 30 31 106
7 Éire/Ireland 45 52 50 41 59 24 271
8 Ελλάδα 28 3 7 44 105 182 369
9 España 50 4 43 368 1 518 1 513 3 496
10 France 1 129 1 277 1 536 1 468 1 888 2 357 9 655
11 Italia 625 879 854 883 3 241
12 Κύπρος/Kıbrıs 2 9 11
13 Latvija 4 2 3 2 21 32
14 Lietuva 3 1 7 21 24 14 70
15 Luxembourg 4 4 15 2 25
16 Magyarország 2 2 9 36 8 3 60
17 Malta 4 9 13 10 9 45
18 Nederland 113 154 182 243 267 277 1 236
19 Österreich 42 243 285
20 Polska 60 25 111 141 115 135 587
21 Portugal 9 35 100 39 22 205
22 România 28 40 35 108 104 133 448
23 Slovenija 5 8 6 8 8 18 53
24 Slovensko 12 7 4 6 12 41
25 Suomi/Finland 24 7 51 56 113 125 376
26 Sverige 54 52 60 62 102 101 431
27 United Kingdom 194 213 224 197 251 233 1 312
Total 3 013 3 030 3 993 4 793 6 517 7 376 28 722 C 244/8EN Official Journal of the European Union 25.9.2008
4. EXERCISE OF COMMUNITY COMPETENCE AND TRANSFER The former Yugoslav Republic of Macedonia, Turkey, Ukraine TO EASA and the United Kingdom.
At the 125th meeting of ECAC Directors General, ECAC Like its ECAC/JAA predecessor, the essential principle of the Member States discussed the future of the SAFA Programme EC SAFA Programme is that in each SAFA Participating State, and agreed on the principle of its transfer to Community insti- aircraft (‘third-country’ for EU States or ‘foreign’ for non-EU tutions (i.e. the European Commission and EASA), underlining ECAC States) can be subject to a ramp inspection. These inspec- the need to retain the pan-European dimension of the tions are chiefly concerned with the aircraft documents and Programme through the establishment of a mechanism that manuals, flight crew licenses, the apparent condition of the would allow for the continued participation in the Programme aircraft and the presence and condition of mandatory cabin of the non-EU ECAC Member States. safety equipment. The references for these inspections are contained in the Standards of the International Civil Aviation Organisation (ICAO) Annexes 1 (Personnel Licensing), 6 (Opera- tions of Aircraft) and 8 (Airworthiness of Aircraft). These A first concrete step in this direction was made with the enact- checks are carried out in accordance with a procedure which is ment (through a comitology procedure as enabled by Article 8 common to all participating States. Their outcome is then the of Directive 2004/36/EC) of Commission Regulation (EC) 1 subject of reports which also follow a common format. In the No 768/2006 ( ). This Regulation provided for the transfer to case of significant irregularities, the operator and the appro- EASA of the tasks related to the SAFA Programme (hitherto priate Aviation Authority (State of Operator or Registry) are conducted by the JAA) primarily including responsibility for the contacted in order to arrive at corrective measures to be taken — — SAFA database the backbone of the Programme together not only with regard to the aircraft inspected but also with with other complementary activities aimed at ensuring common regard to other aircraft which could be concerned in the case of standards for the performance of ramp inspections and related an irregularity which is of a generic nature. All data from the training activities. reports as well as supplementary information (for example a list of actions undertaken and finalised following an inspection) are centralised in a computerised database set up and managed by This transfer was carried out gradually throughout 2006 and EASA in Cologne, Germany. completed fully by the end of that year. The Commission notes with satisfaction the coordination of the smooth transition process between the two entities and which takes an added The main features of the EC SAFA Programme can be significance when one considers the practical, technical and summarised as follows: logistical obstacles involved in making such a move possible with the least possible disruption to the overall continuity of the SAFA system. — its application by all the 42 SAFA Participating States across Europe,
— the broad dissemination of inspection results through the centralised database, 4.1. 1 January 2007 — The European Community (EC) SAFA Programme — its bottom-up approach — in that the Programme is essen- tially centered around ramp inspections of aircraft, As of 1 January 2007 therefore, full responsibility for the management and further development of the European Com- — munity (EC) SAFA Programme has been passed onto the its inherent objective of checking for compliance with ICAO European Commission assisted by EASA. Standards which are commonly applicable to all inspected aircraft internationally.
The continued participation of the non-EU ECAC Member States, and thus the pan-European dimension of the Programme, has been assured through the signature of a Working Arrange- ment between each individual non-EU ECAC Member and EASA Operational structure on collection and exchange of information on the safety of aircraft using Community airports and airports on the territory of the individual State. As provided for under Directive 2004/36/EC together with its implementing Regulation (EC) No 768/2006, the operational Including the EU-27 therefore, the EC-SAFA Programme can structure of the Programme comprises two main organs: today boast a total of 42 Participating States: Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, — the Air Safety Committee established by Council Regu- France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, lation (EEC) No 3922/91: the first operating component Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of upon which the Commission relies to adopt harmonised Moldova, Monaco, Netherlands, Norway, Poland, Portugal, implementation measures to Directive 2004/36/EC aimed at Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, enhancing the effectiveness of the EC SAFA Programme, in particular the inspection/reporting regime, as provided (1) OJ L 134, 20.5.2006, p. 16. under Articles 8 and 12 of the said Directive, 25.9.2008 EN Official Journal of the European Union C 244/9
— EASA: the second operating component which as provided conducted under the SAFA Programme as an important under Regulation (EC) No 768/2006 — in addition to criterion considered by the Commission in taking its decisions undertaking the database-related operational tasks — on the inclusion of carriers in the Community ‘blacklist’, it has provides the Commission and the Air Safety Committee also been felt necessary to amend the said Annex in order to with proposals for the further improvement and develop- give legal standing (and enforceability) to the core elements ment of the EC SAFA Programme together with timely underpinning the procedures for the harmonised conduct and analysis (through the appropriate analytical tools) of the reporting of ramp inspections by Member States. In this sense, reports-input into the database. the amended Annex to the Directive addresses several needs which were identified over the previous months, namely: Aditionally, the Commission has set up — under the auspices of the Air Safety Committee — a European SAFA Steering 1. the necessity for the incorporation in the Annex of core Group (ESSG) composed of representatives from all of the elements for a manual of EC SAFA ramp inspection proce- 42 Participating States. Apart from bringing together national dures which is strictly restricted to include those provisions experts acting in a consultative role upon request from the which it is deemed necessary to make mandatory upon Commission and/or the (Air Safety) Committee itself, this group Member States (through their inclusion within Annex II to serves as an invaluable communications channel between the the Directive); making it also applicable to the non-EU Parti- Community and the non-EU Participating States, further under- cipating States through their Working Arrangements with scoring the Commission's declared commitment towards EASA. These core elements concern: retaining and indeed enhancing the pan-European dimension of the Programme. — qualification criteria and training requirements for SAFA inspectors,
5. STRENGTHENING THE EC SAFA PROGRAMME — relevant safety standards which are central to the EC SAFA Programme, Going by the experience garnered following the entry into force ‘ ’ of Directive 2004/36/EC, its inextricable link with the blacklist — inspection procedures, Regulation (EC) No 2111/2005 as well as the transfer of the entire SAFA Programme under Community competence — unforeseen at the time of adoption of the Directive — it imme- — categorisation of findings, diately became apparent to the Commission that the existing provisions of the aforementioned Directive demanded an urgent review in order to ensure the smooth functioning and further — follow-up actions to be taken pursuant to the various development of the Programme. possible outcomes of a ramp inspection;
During 2007 therefore, the Commission put forward two 2. the necessity to replace the ‘SAFA checklist’ forming part of proposals for new legislative instruments dealing respectively the original Annex with the present ‘SAFA procedures’ as with the procedures for conducting ramp inspections and with most recently updated; the prioritization of the inspections performed by the Member States (see points 5.1 and 5.2 below). Following extensive 3. the necessity for a specific provision obliging all Participating discussion in the Air Safety Committee and scrutiny of the final States to respect a deadline of not more than 15 working texts by the European Parliament, these new legislative instru- days between the date of a ramp inspection, and the input of ments were both adopted by the Commission on 16 April that inspection's report into the centralized database in order 2008 (1). to improve the accuracy and relevance of the analysis regu- larly conducted by EASA of the inputted reports; Other possible improvements and future developments of the Programme are explained under points 5.3 and 5.4 below. 4. the necessity to establish a standard ‘Proof of Inspection’, a section of which is handed to relevant personnel of the aircraft being inspected against a signed acknowledgment of receipt; 5.1. Commission Directive amending Annex II of Directive 2004/36/EC 5. the necessity of rewording several parts of the original text for the sake of improving the clarity and readability of the As originally adopted, Annex II to Directive 2004/36/EC Annex. contained only very general criteria illustrating the broad frame- work for a more comprehensive set of procedures for the In the amended Annex, EASA undertakes to supplement these conduct and subsequent reporting of ramp inspections by the core elements by developing guidance material to be applied by Member States. Member States. For this purpose, EASA shall establish a trans- parent procedure for consulting the Member States drawing on From another related perspective, in light of the increased available expertise in the aviation regulatory authorities of profile being ascribed to the results of ramp inspections Member States and by involving, whenever necessary, appro- priate experts from relevant interested parties. To this effect, it (1) OJ L 109, 19.4.2008, p. 7 and p. 17. may create a working group. C 244/10EN Official Journal of the European Union 25.9.2008
5.2. Commission Regulation implementing Directive 5.4. EASA extension of competences — Regulation (EC) 2004/36/EC as regards the prioritisation of ramp No 216/2008 of the European Parliament and of the inspections on aircraft using Community airports Council
On 20 February 2008, the Council and the European Parliament The Commission has repeatedly reiterated its commitment adopted Regulation (EC) No 216/2008 on common rules in the towards making the best possible use of all the tools at its field of civil aviation and establishing a European Aviation disposal for the gathering of intelligence on aviation safety in Safety Agency, and repealing Council Directive 91/670/EEC, order to maximise the efficiency of the limited resources avail- Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1) able under the EC SAFA Programme. To this end, this measure (hereinafter referred to as the ‘EASA Regulation’). Its provisions empowers the Commission to formally request ‘qualitative foresee the replacement of Directive 2004/36/EC (and the targeting’ through the prioritisation of a number of the ramp related implementing rules) by a set of rules adopted under the inspections conducted by Member States on particular subjects EASA Regulation as follows: identified according to a set of criteria (established by the Regu- lation) as being potentially susceptible to safety deficiencies. Article 10 of this Regulation — which entered into force on 8 April 2008 — provides for the measures which were hitherto covered by Directive 2004/36/EC. Moreover, Article 10(5) stipu- The Commission believes that this measure should reasonably lates that implementing measures related to this Article may be harness the random nature of the SAFA ramp inspection adopted through comitology (‘… in accordance with the regulatory Programme by helping to identify better potentially hazardous procedure with scrutiny referred to in Article 65(4) of the Regulation’). subjects as well as enabling the collection of further data on such subjects; possibly also leading to the presentation of even better-defined cases for decision under the ‘blacklist’ Regulation In addition, Article 69 of the Regulation provides that Directive (EC) No 2111/2005. 2004/36/EC shall be repealed as from the entry into force of the implementing measures referred to in Article 10(5) of the Regulation, and without prejudice to the implementing rules referred to in Article 8(2) of Directive 2004/36/EC.
Finally, the principles contained in Article 10 shall apply only as from the dates specified in its respective implementing rules, but 5.3. ‘Quantitative targeting’ in any case by not later than 8 April 2012.
Referring back to table 2 above (see page 7), whilst one can note that since 2001 the overall amount of SAFA ramp inspec- tions conducted in the Community has more than doubled, one 6. THE SAFA ‘AGGREGATE REPORT’ (2) can equally note the gross disparity in the different amounts of ramp inspections conducted by the individual Member States.
Article 6(2) of Directive 2004/36/EC provides that the Commis- Whilst fully appreciating the equally gross disparity which in sion shall publish yearly an aggregated information report avail- many cases exists with regard to the human and material able to the public and the industry stakeholders containing an resources available to different Member States, the Commission analysis of all information received through the reports of ramp believes that irrelevant of the resources at their disposal, the inspections conducted on aircraft using Community airports. output registered by many Member States in terms of annual Such analysis should be simple and easy to understand, indi- inspections conducted border on the unacceptable. On a State cating whether there exists an increased safety risk to air passen- by State basis this applies to: gers. The source of the information contained in such analysis should be dis-identified.
— the actual number of inspections per se, In this respect, a first Aggregated Report was adopted and published by the Commission in February 2008 which analysed — the number of inspections conducted in comparison with the results of the ramp inspections performed in the time frame the traffic volume to/from each particular Member State. between 30 April 2006 until 31 December 2006. Over 2008, the same report will be phased-in on a full year basis (and annually thereafter), covering the period between 1 January and Within this context, the Commission has repeatedly reiterated 31 December 2007 — the first full year following the transfer that this situation needs to be improved. It continues to of responsibility for the management and development of the examine with EASA and the Member States a way to establish a SAFA Programme from ECAC and the JAA to Community minimum number of inspections that each Member State would competence. conduct yearly on the basis, of course, of various parameters such as the number of flights, international airports, intensity of (1) OJ L 79, 19.3.2008, p. 1. checks conducted previously in other Member States, etc. (2) OJ C 42, 15.2.2008, p. 1. 25.9.2008 EN Official Journal of the European Union C 244/11
The Commission believes that, for the sake of increased trans- Summing up the conclusions arrived at in this report, one may parency and accountability with regard to all the actors involved say that: in the Programme and referred to in such a document as well as vis-à-vis the European Parliament and the public opinion in — Directive 2004/36/EC established in the Community a general, the constraints imposed by Article 6(2) of Directive mandatory regime for regular ramp inspections of 2004/36/EC should be softened to allow that the referred third-country aircraft using Community airports whilst annual reports provide more accurate information as regards the laying down the foundations for harmonised procedures safety performance of different actors involved. regarding the conduct, reporting and follow-up of such inspections and exchange of information thereof between 7. CONCLUSIONS the Member States, the Commission and EASA, Based upon the SAFA inspections performed over the last few — with some minor exceptions, there have been no major years, experience shows that these give a general indication of problems for Member States in transposing and imple- the safety of foreign operators. However, this indication is menting the provisions of the Directive, limited in the sense that no full picture is obtained about the safety of any particular aircraft or operator. This is due to the — the decision to transfer the management and development fact that certain aspects are difficult to assess during an inspec- of the entire ECAC/JAA SAFA Programme under Com- tion (e.g. Crew Resource Management, full airworthiness status, munity competence brought about an urgent need for etc.) owing to the limited time available to perform an inspec- supplementary legislation to the Directive which legislation tion and consequently the limited level of detail possible during was enacted in a timely manner enabling the smooth such an inspection. transfer of the Programme, A full assessment of a particular aircraft or operator can only be — the core elements underpinning the Community's ramp obtained through the continuous oversight by the responsible inspection regime have been made legally binding through Aviation Authority (State of Operator or State of Registry). In the amendment of Annex II to the Directive, thereby rami- this manner, the information gained through the EC SAFA fying their harmonisation across the Member States as well Programme is indeed very useful: as the other 15 SAFA Participating States. This measure — primarily as a pre-emptive tool helping to identify potential should improve the overall quality of ramp inspection negative safety trends, whereby a numerous and/or recurring reports, which is of particular importance within the context number of findings concerning a particular operator, is a of investigations related to the Community ‘blacklist’ of air very good indicator of potential structural weaknesses both carriers established under Regulation (EC) No 2111/2005, with regard to the quality control management of that — operator as well as the level of safety oversight exercised by implementing legislation has been enacted which states the the responsible national civil aviation authorities of the State rules and criteria for the prioritisation of their ramp inspec- where that operator is certified; similar negative trends may tions on particular subjects which may be identified also be identified concerning specific aircraft types, according to established criteria as posing a potential threat to aviation safety, — more directly, SAFA inspections may contribute in real-time to the safe operation of the particular aircraft which has just — whilst the overall amount of SAFA ramp inspections been inspected prompting the inspecting authorities to conducted in the Community has more than doubled since ensure that corrective actions are taken immediately prior to 2001, there is a gross disparity in the different amounts of any further operations being conducted by that aircraft. ramp inspections conducted by the individual Member Information from all inspections performed is shared, thus States. Accordingly, the Commission examines the feasibility contributing to a more complete picture about a certain aircraft, of establishing a minimum quota of inspections to be aircraft type, operator or all operators from a particular State. conducted by individual Member States, The SAFA centralised database is therefore particularly useful as — through the adoption of Regulation (EC) No 216/2008 on it contributes to a rapid flow of such information to all the common rules in the field of civil aviation and establishing a States participating in the EC SAFA Programme. European Aviation Safety Agency, Directive 2004/36/EC Additionally, since the coming into force of Regulation (EC) should be eventually repealed — at the latest by 8 April No 2111/2005 (‘EC blacklist’), SAFA inspections have acquired 2012 — to be gradually replaced by the provisions in an increased importance as one of the criteria considered by the Article 10 of the said Regulation and subsequent Commission in taking its decisions on the inclusion of carriers implementing rules to be enacted under Article 10(5). In in the Community list. Indeed, this has been the case since the this respect, it is envisaged that the EASA's responsibilities establishment of the first Community list in March 2006 and its vis-à-vis the management and further development of the subsequent regular updates. Programme shall be considerably increased. C 244/12EN Official Journal of the European Union 25.9.2008
EUROPEAN DEFENCE AGENCY
Publication of the final accounts for the financial year 2007
(2008/C 244/04)
The complete version of the final accounts may be found at the following address: http://www.eda.europa.eu/finance.aspx 25.9.2008 EN Official Journal of the European Union C 244/13
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
THE EEA JOINT COMMITTEE
Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled
(2008/C 244/05)
Since March 2000, decisions of the EEA Joint Committee indicate in a footnote whether their date of entry into force depends on the fulfilment of constitutional requirements by any of the Contracting Parties. Such requirements were notified as regards the Decisions listed below. The Contracting Parties in question have now notified the other Contracting Parties that they have completed their internal procedures. The dates of entry into force of the Decisions are as indicated.
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
082/2004 8.6.2004 25.11.2004 Directive 2002/96/EC of the European Parliament and of the 1.2.2006 OJ L 349, p. 39 Council of 27 January 2003 on waste electrical and electronic Suppl. No 59, p. 15 equipment (WEEE)
014/2005 8.2.2005 23.6.2005 Regulation (EC) No 725/2004 of the European Parliament and of 1.4.2007 OJ L 161, p. 33 the Council of 31 March 2004 on enhancing ship and port Suppl. No 32, p. 19 facility security
023/2005 8.2.2005 23.6.2005 Regulation (EC) No 851/2004 of the European Parliament and of 19.5.2005 OJ L 161, p. 52 the Council of 21 April 2004 establishing a European Centre for Suppl. No 32, p. 30 Disease Prevention and Control
031/2005 11.3.2005 28.7.2005 Directive 2004/22/EC of the European Parliament and of the 1.9.2006 OJ L 198, p. 20 Council of 31 March 2004 on measuring instruments Suppl. No 38, p. 13
064/2005 29.4.2005 15.9.2005 Commission Regulation (EC) No 809/2004 of 29 April 2004 1.1.2007 OJ L 239, p. 48 implementing Directive 2003/71/EC of the European Parliament Suppl. No 46, p. 30 and of the Council as regards information contained in prospec- tuses as well as the format, incorporation by reference and publi- cation of such prospectuses and dissemination of advertisements
065/2005 29.4.2005 15.9.2005 Directive 2004/39/EC of the European Parliament and of the 1.8.2007 OJ L 239, p. 50 Council of 21 April 2004 on markets in financial instruments Suppl. No 46, p. 31 amending Council Directives 85/611/EEC, Directive 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC
070/2005 29.4.2005 15.9.2005 Directive 2004/25/EC of the European Parliament and of the 1.8.2007 OJ L 239, p. 61 Council of 21 April 2004 on takeover bids Suppl. No 46, p. 37
102/2005 8.7.2005 24.11.2005 Directive 2001/77/EC of the European Parliament and of the 1.9.2006 OJ L 306, p. 34 Council of 27 September 2001 on the promotion of electricity Suppl. No 60, p. 21 produced from renewable energy sources in the internal electricity market C 244/14EN Official Journal of the European Union 25.9.2008
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
105/2005 8.7.2005 24.11.2005 Directive 2003/98/EC of the European Parliament and of the 1.9.2006 OJ L 306, p. 41 Council of 17 November 2003 on the re-use of public sector Suppl. No 60, p. 26 information
120/2005 30.9.2005 22.12.2005 Directive 2004/109/EC of the European Parliament and of the 1.6.2007 OJ L 339, p. 26 Council of 15 December 2004 on the harmonisation of transpar- Suppl. No 66, p. 15 ency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC
146/2005 2.12.2005 23.2.2006 Commission Decision 2003/796/EC of 11 November 2003 on 1.6.2007 OJ L 53, p. 43 establishing the European Regulators Group for Electricity and Suppl. No 10, p. 17 Gas. Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross border exchanges in electricity. Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC. Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC
152/2005 2.12.2005 23.2.2006 Directive 2004/36/EC of the European Parliament and of the 1.3.2007 OJ L 53, p. 53 Council of 21 April 2004 on the safety of third-country aircraft Suppl. No 10, p. 24 using Community airports
003/2006 27.1.2006 30.3.2006 Directive 2004/108/EC of the European Parliament and of the 1.3.2007 OJ L 92, p. 22 Council of 15 December 2004 on the approximation of the laws Suppl. No 17, p. 4 of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC
010/2006 27.1.2006 30.3.2006 Directive 2004/54/EC of the European Parliament and of the 1.12.2006 OJ L 92, p. 32 Council of 29 April 2004 on minimum safety requirements for Suppl. No 17, p. 11 tunnels in the Trans-European Road Network
017/2006 27.1.2006 30.3.2006 Decision No 854/2005/EC of the European Parliament and of the 16.5.2006 OJ L 92, p. 46 Council of 11 May 2005 establishing a multiannual Community Suppl. No 17, p. 22 Programme on promoting safer use of the Internet and new online technologies
034/2006 10.3.2006 1.6.2006 Commission Regulation (EC) No 884/2005 of 10 June 2005 1.4.2007 OJ L 147, p. 51 laying down procedures for conducting Commission inspections Suppl. No 28, p. 20 in the field of maritime security
041/2006 10.3.2006 1.6.2006 Decision 2004/387/EC of the European Parliament and of the 8.6.2006 OJ L 147, p. 64 Council of 21 April 2004 on the interoperable delivery of Suppl. No 28, p. 28 pan-European eGovernment services to public administrations, businesses and citizens (IDABC)
051/2006 28.4.2006 29.6.2006 Regulation (EC) No 1158/2005 of the European Parliament and 1.1.2007 OJ L 175, p. 101 of the Council of 6 July 2005 amending Council Regulation (EC) Suppl. No 34, p. 13 No 1165/98 concerning short-term statistics. Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector 25.9.2008 EN Official Journal of the European Union C 244/15
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
059/2006 2.6.2006 7.9.2006 Directive 2005/68/EC of the European Parliament and of the 1.6.2007 OJ L 245, p. 5 Council of 16 November 2005 on reinsurance and amending Suppl. No 44, p. 5 Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC
064/2006 2.6.2006 7.9.2006 Directive 2003/59/EC of the European Parliament and of 1.6.2007 OJ L 245, p. 13 the Council of 15 July 2003 on the initial qualification and Suppl. No 44, p. 11 periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC
065/2006 2.6.2006 7.9.2006 Directive 2005/65/EC of the European Parliament and of the 1.4.2007 OJ L 245, p. 16 Council of 26 October 2005 on enhancing Port security Suppl. No 44, p. 13
067/2006 2.6.2006 7.9.2006 Regulation (EC) No 549/2004 of the European Parliament and of 1.2.2007 OJ L 245, p. 18 the Council of 10 March 2004 laying down the framework for Suppl. No 44, p. 15 the creation of the single European sky. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of Air Navigation Services in the Single European Sky. Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky. Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic management network
068/2006 2.6.2006 7.9.2006 Commission Directive 2005/51/EC of 7 September 2005 18.4.2007 OJ L 245, p. 22 amending Annex XX to Directive 2004/17/EC and Annex VIII to Suppl. No 44, p. 18 Directive 2004/18/EC of the European Parliament and the Council on public procurement. Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council. Commission Decision 2005/15/EC of 7 January 2005 on the detailed rules for the application of the procedure provided for in Article 30 of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. Commission Regulation (EC) No 1874/2004 of 28 October 2004 amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in respect of their appli- cation thresholds for the procedures for the award of contracts. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement proce- dures of entities operating in the water, energy, transport and postal services sectors. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts C 244/16EN Official Journal of the European Union 25.9.2008
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
081/2006 7.7.2006 19.10.2006 Commission Directive 2005/61/EC of 30 September 2005 imple- 1.2.2007 OJ L 289, p. 12 menting Directive 2002/98/EC of the European Parliament and of Suppl. No 52, p. 11 the Council as regards traceability requirements and notification of serious adverse reactions and events. Commission Directive 2005/62/EC of 30 September 2005 imple- menting Directive 2002/98/EC of the European Parliament and of the Council as regards Community standards and specifications relating to a quality system for blood establishments
086/2006 7.7.2006 19.10.2006 Directive 2005/14/EC of the European Parliament and of the 1.3.2008 OJ L 289, p. 21 Council of 11 May 2005 amending Council Directives Suppl. No 52, p. 17 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Direc- tive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles
087/2006 7.7.2006 19.10.2006 Directive 2005/60/EC of the European Parliament and of the 1.4.2007 OJ L 289, p. 23 Council of 26 October 2005 on the prevention of the use of the Suppl. No 52, p. 19 financial system for the purpose of money laundering and terrorist financing
088/2006 7.7.2006 19.10.2006 Directive 2003/41/EC of the European Parliament and of the 12.4.2007 OJ L 289, p. 26 Council of 3 June 2003 on the activities and supervision of insti- Suppl. No 52, p. 21 tutions for occupational retirement provision
092/2006 7.7.2006 19.10.2006 Regulation (EC) No 2006/2004 of the European Parliament and 1.6.2007 OJ L 289, p. 33 of the Council of 27 October 2004 on cooperation between Suppl. No 52, p. 26 national authorities responsible for the enforcement of consumer protection laws
124/2006 22.9.2006 30.11.2006 Directive 2004/40/EC of the European Parliament and of the 1.6.2007 OJ L 333, p. 53 Council of 29 April 2004 on the minimum health and safety Suppl. No 60, p. 40 requirements regarding the exposure of workers to the risk arising from physical agents (electromagnetic fields) (18th indivi- dual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
127/2006 22.9.2006 30.11.2006 Directive 2005/56/EC of the European Parliament and of the 1.6.2007 OJ L 333, p. 59 Council of 26 October 2005 on cross-border mergers of limited Suppl. No 60, p. 43 liability companies
136/2006 27.10.2006 21.12.2006 Commission Regulation (EC) No 676/2006 of 2 May 2006 1.6.2007 OJ L 366, p. 79 amending Regulation (EC) No 1980/2003 implementing Regu- Suppl. No 64, p. 8 lation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards definitions and updated defini- tions. Commission Regulation (EC) No 698/2006 of 5 May 2006 implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of structural statistics on labour costs and earn- ings. Council Regulation (EC) No 701/2006 of 25 April 2006 laying down detailed rules for the implementation of Regulation (EC) No 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices 25.9.2008 EN Official Journal of the European Union C 244/17
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
150/2006 8.12.2006 29.3.2007 Directive 2003/33/EC of the European Parliament and of the 1.10.2007 OJ L 89, p. 21 Council of 26 May 2003 on the approximation of the laws, regu- Suppl. No 15, p. 17 lations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products
151/2006 8.12.2006 29.3.2007 Directive 2004/8/EC of the European Parliament and of the 1.10.2007 OJ L 89, p. 22 Council of 11 February 2004 on the promotion of cogeneration Suppl. No 15, p. 18 based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC
153/2006 8.12.2006 29.3.2007 Council Regulation (EC) No 1419/2006 of 25 September 2006 1.8.2007 OJ L 89, p. 25 repealing Regulation (EEC) No 4056/86 laying down detailed Suppl. No 15, p. 20 rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and interna- tional tramp services
154/2006 8.12.2006 29.3.2007 Regulation (EC) No 561/2006 of the European Parliament and of 1.5.2008 OJ L 89, p. 27 the Council of 15 March 2006 on the harmonisation of certain Suppl. No 15, p. 22 social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EEC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85. Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC
021/2007 27.4.2007 9.8.2007 Commission Directive 2006/73/EC of 10 August 2006 imple- 1.6.2008 OJ L 209, p. 38 menting Directive 2004/39/EC of the European Parliament and of Suppl. No 38, p. 26 the Council as regards organisational requirements and operatinng conditions for investment firms and defined terms for the purposes of that Directive. Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive
023/2007 27.4.2007 9.8.2007 Commission Regulation (EC) No 851/2006 of 9 June 2006 speci- 1.7.2007 OJ L 209, p. 42 fying the items to be included under the various headings in the Suppl. No 38, p. 28 forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70
050/2007 8.6.2007 11.10.2007 Commission Decision 2006/891/EC of 4 December 2006 on the 1.3.2008 OJ L 266, p. 8 use by third country issuers of securities of information prepared Suppl. No 48, p. 6 under internationally accepted accounting standards
143/2007 26.10.2007 10.4.2008 Regulation (EC) No 717/2007 of the European Parliament and of 22.12.2007 OJ L 100, p. 84 the Council of 27 June 2007 on roaming on public mobile Suppl. No 19, p. 85 networks within the Community and amending Directive 2002/21/EC C 244/18EN Official Journal of the European Union 25.9.2008
Date of entry into Decision number Date of adoption Publication reference Legal act(s) integrated force
146/2007 26.10.2007 10.4.2008 Directive 2003/87/EC of the European Parliament and of the 29.12.2007 OJ L 100, p. 92 Council of 13 October 2003 establishing a scheme for green- Suppl. No 19, p. 90 house gas emission allowance trading and amending Council Directive 96/61/EC. Commission Decision 2006/780/EC of 13 November 2006 on avoiding double counting of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council. Commission Decision 2004/156/EC of 29 January 2004 estab- lishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council. Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standarised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council. Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms 25.9.2008 EN Official Journal of the European Union C 244/19
V
(Announcements)
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
COMMISSION
Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (1) (Notice regarding applications for exclusive licences to prospect for liquid and gaseous hydrocarbons, designated the ‘Languedoc Licence’ and the ‘Plaines du Languedoc Licence’)
(Text with EEA relevance)
(2008/C 244/06)
On 19 April 2007, Languedoc Petroleum Development Ltd, a company with registered offices at Wembley Point, 1 Harrow Road, Wembley, Middlesex, HA9 6DE, United Kingdom, applied for an exclusive five-year licence, designated the ‘Languedoc Licence’, to prospect for oil and gas in an area of approximately 2 348 km2 covering part of the departments of Aude and Hérault. The application was amended on 16 May 2008.
On 28 January 2008, Lundin International SA, a company with registered offices at Maclaunay, F-51210 Montmirail, applied for an exclusive five-year licence, designated the ‘Plaines du Languedoc Licence’, to prospect for oil and gas in the area covered by the Languedoc Licence.
The perimeter of the area covered by these licences consists of the meridian and parallel arcs connecting in turn the vertices defined below by their geographical coordinates in degrees, the prime meridian being that of Paris.
Vertex Longitude Latitude
A 1,30° E 48,40° N
B 0,90° E 48,40° N
C 0,90° E 48,30° N
D 0,60° E 48,30° N
E 0,60° E 48,20° N
F 0,40° E 48,20° N
G 0,40° E 47,90° N
(1) OJ L 164, 30.6.1994, p. 3. C 244/20EN Official Journal of the European Union 25.9.2008
Vertex H: intersection of the 47,90 North parallel with the shore of the Mediterranean. Vertex I: intersection of the 1,30 East meridian with the shore of the Mediterranean. Vertices H to I: shore of the Mediterranean.
Submission of applications and criteria for awarding rights The initial applicants and competing applicants must meet the conditions specified in Articles 4 and 5 of Decree No 2006-648 of 2 June 2006 concerning mining rights and underground storage rights (décret relatif aux titres miniers et aux titres de stockage souterrain), published in the Journal officiel de la République française of 3 June 2006. Interested companies may, within ninety days of the publication of this notice, submit a competing applica- tion in accordance with the procedure summarised in the ‘Notice regarding the granting of mining rights for hydrocarbons in France’ published in Official Journal of the European Communities C 374 of 30.12.1994, p. 11, and established by Decree No 2006-648 concerning mining rights and underground storage rights. Competing applications should be sent to the Minister responsible for mines at the address below. The decisions on the initial application and competing applications will be based on the criteria governing the award of mining rights as set out in Article 6 of the abovementioned Decree and will be taken by 1 October 2009 at the latest.
Conditions and requirements regarding performance of the activity and cessation thereof Applicants are referred to Articles 79 and 79.1 of the Mining Code (code minier) and to Decree No 2006-649 of 2 June 2006 on mining and underground storage operations and the regulations governing mining and underground storage (décret relatif aux travaux miniers, aux travaux de stockage souterrain et à la police des mines et des stockages souterrains), published in the Journal officiel de la République française of 3 June 2006. Further information can be obtained from the following address: Ministère de l'écologie, de l'énergie, de l'aménagement du territoire et du développement durable (direction générale de l'énergie et du climat, direc- tion de l'énergie, SD2, bureau exploration et production des hydrocarbures), 41, boulevard Vincent Auriol, F-75703 Paris Cedex 13 (tel. (33) 144 97 23 02, fax (33) 144 97 05 70). The laws and regulations referred to above can be consulted at: http://www.legifrance.gouv.fr 25.9.2008 EN Official Journal of the European Union C 244/21
Prior notification of a concentration (Case COMP/M.5321 — LAHC/Barclays Life) Candidate case for simplified procedure
(Text with EEA relevance)
(2008/C 244/07)
1. On 12 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Life Assurance Holding Corporation Limited (‘LAHC’, United Kingdom) controlled by undertaking Swiss Reinsurance Company (‘Swiss Re’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Barclays Life Assurance Company Limited and its wholly owned subsidiary BLAC Limited (‘Barclays Life’, United Kingdom) by way of purchase of shares. 2. The business activities of the undertakings concerned are: — for undertaking LAHC: specialist acquirer and consolidator of life assurance companies, — for undertaking Swiss Re: supplier of reinsurance world-wide, life and non-life insurance, — for undertaking Barclays Life: supplier of life insurance in United Kingdom. Barclays Life is also holding a closed book of pensions/annuities business. 3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. 4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5321 — LAHC/Barclays Life to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel
(1) OJ L 24, 29.1.2004, p. 1. (2) OJ C 56, 5.3.2005, p. 32. C 244/22EN Official Journal of the European Union 25.9.2008
Prior notification of a concentration (Case COMP/M.5285 — Fortis/Delta Lloyd ABN AMRO Verzekeringen Holding BV) Candidate case for simplified procedure
(Text with EEA relevance)
(2008/C 244/08)
1. On 15 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Fortis SA/NV and Fortis NV (together ‘Fortis’, Belgium) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Delta Lloyd ABN AMRO Verzekeringen Holding BV (the Netherlands) by way of purchase of shares. 2. The business activities of the undertakings concerned are: — for Fortis: active in banking and insurance products, leasing and factoring, — for Delta Lloyd ABN AMRO Verzekeringen Holding BV: active in insurance products. 3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. 4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5285 — Fortis/Delta Lloyd ABN AMRO Verzekeringen Holding BV, to the following address: European Commission Directorate-General for Competition Merger Registry J-70 B-1049 Bruxelles/Brussel
(1) OJ L 24, 29.1.2004, p. 1. (2) OJ C 56, 5.3.2005, p. 32. 25.9.2008 EN Official Journal of the European Union C 244/23
OTHER ACTS
COMMISSION
Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
(2008/C 244/09)
This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months from the date of this publication.
SUMMARY
COUNCIL REGULATION (EC) No 510/2006
‘ZNOJEMSKÉ PIVO’
EC No: CZ-PGI-005/0376-14.10.2004
PGI ( X ) PDO ( )
This summary sets out the main elements of the product specification for information purposes.
1. Responsible department in the Member State:
Name: Úřad průmyslového vlastnictví Address: Antonína Čermáka 2a CZ-160 68 Praha 6-Bubeneč Tel. (420) 220 38 31 11 Fax (420) 221 32 47 18 E-mail: [email protected]
2. Group:
Name: Starobrno, a. s. Address: Hlinky 160/12 CZ-661 47 Brno Tel. (420) 543 51 61 11 Fax (420) 543 21 10 35 E-mail: [email protected] Composition: Producers/processors ( X ) Other ( )
(1) OJ L 93, 31.3.2006, p. 12. C 244/24EN Official Journal of the European Union 25.9.2008
This application derogates from Article 5(1) of Regulation (EC) No 510/2006 on account of the fact that there is only one producer in the area. The requirements laid down in Article 2 of Commission Regulation (EC) No 1898/2006 are fulfilled since the applicant is the only producer in the defined area and ‘Znojemské pivo’ is produced in the defined area according to the method described below, from raw materials possessing the properties and quality prescribed and using local water sources, which lends ‘Znojemské pivo’ its specific characteristics and sets it apart from beers produced in the surrounding areas. The unique character of the production derives from the town's centuries-old brewing tradition in the defined area. The indication ‘Znojemské pivo’ is traditionally and exclusively linked only with the area in question.
3. Type of product:
Class 2.1 — Beer
4. Specification: (Summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)
4.1. Name: ‘Znojemské pivo’ 4.2. Description: ‘Znojemské pivo’ is produced in a number of basic categories: light draught, dark draught, lagers. Raw materials used in production: Malt — a malt produced from spring two-row barley is used. The properties of the malt must comply with the following values:
Extract in dry malt (% by weight) Min. 78,0
Kolbach index (%) 38,0 ±3
Diastatic power (WK units) Min. 220
Actual attenuation (%) Max. 82
Friability (%) Min. 80,0
Water — water from the town's supply system is used. Hops — hops of the Žatecký poloraný červeňák and Magnum Hallertau varieties are used, in granulated and extract form; the varieties used give ‘Znojemské pivo’ its characteristic hint of bitterness. Description of individual products:
Light draught — original gravity (% extract): 8-10 %, — alcohol content (% by volume): 3,2-4,0, — bitterness (EBC units): 17-25, — colour (EBC units): 8-12, — CO2 content (mg/l): 4,8-5,5, — draught beer, more highly fermented, with a hint of bitterness, hoppy aroma, good head and harmonious flavour, medium-strong sharpness.
Dark draught — original gravity (% extract): 9-10 %, — alcohol content (% by volume): 3,8-4,0, — bitterness (EBC units): 18-25, — colour (EBC units): 35-90, 25.9.2008 EN Official Journal of the European Union C 244/25
— CO2 content (mg/l): 4,4-5,5,
— garnet-coloured dark beer with a less pronounced bitterness, an agreeable malty caramel flavour and aroma, and a medium sharpness.
Lagers
— original gravity (% extract): 11-12 %,
— alcohol content (% by volume): 4,5-5,0,
— bitterness (EBC units): 23-30,
— colour (EBC units): 11-14,
— CO2 content (mg/l): 4,4-5,5,
— medium fermented beer with a fuller taste, medium to pronounced bitterness and clean aroma with balanced taste properties, medium body with a stronger sharpness and good head.
4.3. Geographical area: Znojmo area
4.4. Proof of origin: The producer has records covering the suppliers of all the raw materials, the purchasers of the finished products and the system of checks performed in the course of production. The checks performed in the course of production and the specification checks are carried out by the Státní zemědělská a potravinářská inspekce (Czech Agriculture and Food Inspection Authority), which is based in Brno. In keeping with the legislation, each product gives details of the producer. Checks on the origin of the Czech hops are carried out regularly by the Výzkumný ústav chmelařský (Hop Research Institute) based in Žatec, which certifies the purity of the hop variety.
4.5. Method of production: Three basic ingredients are used to produce ‘Znojemské pivo’— good quality malt with the above-mentioned properties made from spring two-row barley, hops of the Žatecký poloraný červeňák and Magnum Hallertau varieties and drinking water drawn from the town's supply system without further treatment. Production of the beer begins in the brewhouse, where the malt is milled and mixed with water. The next stage is the classic two-mash decoction process, which is used to achieve the optimum temperature for the extraction of substances from the malt. The most important technical step lies in the boiling of the beer, when the wort (malt extract mixed with water) is boiled with the hops to produce the final product, namely hopped wort. The hot wort is separated from the spent grain and cooled, after which it can be fermented. In Znojmo primary fermentation takes place in a typical fermentation room, where the cooled wort is aerated, pitched with yeast and fermented in open vats for about seven days. During this period the yeast converts the malt sugars to alcohol, producing carbon dioxide as a by-product. The yeasts used are of the variety Saccharomyces cerevisiae uvarum, a bottom-fermenting yeast. When primary fermentation is complete, the vat is chilled, the yeast sinks to the bottom (hence the description ‘bottom-fermenting’) and the green beer is trans- ferred to the lagering cellar to mature. Maturation of the beer takes between 30 and 90 days, depending on the variety, and it is important that temperature levels remain around 2 °C during this period. The purpose of maturing the beer is to optimise its organoleptic properties, allow it to reach its
CO2 saturation point and clarify it. Before being transferred to barrels or bottles, the green beer must be filtered to remove the yeast. It is then stabilised and pasteurised in order to increase its colloidal and microbiological shelf life. The beer matures in lagering cellars which are linked to the historic area of tunnels below the town of Znojmo. The beer is transferred to bottles or kegs for transport on the racking lines and dispatched to customers.
4.6. Link: The earliest documentary evidence of brewing in Znojmo dates from 1278. The ‘Losunková kniha’ (1363), which has survived from the era of Charles IV, identifies a number of houses and townspeople having the right to brew beer, including the brewer Hostan (whose name has become the symbol of ‘Znojemské pivo’ and of the Znojmo brewery). In 1629 there were two independent breweries in the town. In 1924 the two town breweries merged and Znojmo became the centre of beer production in the lower Podyjí region. Following privatisation in 1993, the town's brewing tradition was carried on by HOSTAN, s.r.o. In 2002 this company merged with STAROBRNO, a.s., who, as the successor company, has continued to brew the traditional Znojmo beer, production of which dates back to the 13th century.
‘Znojemské pivo’ is produced in the defined area by the method described above, from raw materials possessing the prescribed properties and quality and using local water sources, which lends ‘Znojemské pivo’ its specific characteristics. The unique character of the production derives from the town's centu- ries-old brewing tradition in the defined area. C 244/26EN Official Journal of the European Union 25.9.2008
In the Czech Republic's most prestigious competition, which takes place at the PIVEX trade fair, ‘Znojemské pivo’ has won prizes in three of the four categories (in 1997 and 1998). In the Cena českých sládků (Czech Brewers' Prize) competition, 12 % Premium — světlý ležák, a variety of ‘Znojemské pivo’, was classed as third-best beer of the year in 1997. In 1999, at the PIVEX trade fair, ‘Znojemské pivo’ won first prize for 12 % Hostan Premium and second prize for 10 % Hostan Granát; at the Cena českých sládků competition ‘Znojemské pivo’ won first prize for 11 % Hradní — světlý ležák. In 2000 ‘Znojemské pivo’ won first prize in the Naše pivko (Our Jar) competition organised by the editorial staff of the periodical ‘Pivní kurýr’ (Beer Courier). The most successful year to date for ‘Znojemské pivo’ was 2001, when it retained first prize in the Naše pivko competition and Hostan — Naše pivko, a variety of ‘Znojemské pivo’, was declared best draught beer in the České pivo competition, the most prestigious of this type in the Czech Republic; Hostan — Hradní, another variety of ‘Znojemské pivo’, was placed third in the lager category. A further success was scored in the same year when ‘Znojemské pivo’ won second prize in the Cena českých sládků competi- tion for Hostan Hradní. In 2003 and 2004 Hostan — Naše pivko was awarded a quality certificate in the Zlatý pohár PIVEXU (PIVEX Gold Cup) competition. Irrespective of the trademark under which ‘Znojemské pivo’ is sold, consumers are in no doubt that it is a ‘Znojemské pivo’ produced exclusively in the defined area. The designation of origin ‘Znojemské pivo’ was registered under No 186 in the Czech Republic in 2002. 4.7. Inspection body: Name: Státní zemědělská a potravinářská inspekce, Inspektorát v Brně Address: Běhounská 10 CZ-601 26 Brno Tel. (420) 542 42 67 02 Fax (420) 542 42 67 17 E-mail: [email protected] 4.8. Labelling: — 25.9.2008 EN Official Journal of the European Union C 244/27
Publication of an application pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed
(2008/C 244/10)
This publication confers the right to object to the application pursuant to Article 9 of Council Regulation (EC) No 509/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication.
APPLICATION FOR REGISTRATION OF A TSG
COUNCIL REGULATION (EC) No 509/2006
‘OLEJ RYDZOWY’
EC No: PL-STG-007-0049-28.12.2006
1. Name and address of the applicant group
Name: „SemCo” S.G.N.i P. Krystyna Just, Instytut Włókien Naturalnych — Tłocznia Oleju, Krzysztof Gałkowski — Zakład Wytłaczania Oleju i Wyrób Kitu, Zakład Doświadczalno-Dydaktyczny Uprawy Roli i Roślin w Gorzyniu Address: Śmiłowo 16 PL-64-500 Szamotuły Tel. (48-61) 292 04 02; (48-60) 313 75 17 E-mail: [email protected]
2. Member State or third country
Poland
3. Product specification
3.1. Name to be registered: ‘Olej rydzowy’ 3.2. Whether the name:
is specific in itself expresses the specific character of the agricultural product or foodstuff ‘Olej rydzowy’ (gold-of-pleasure oil, also know as camelina oil) is produced from the plant Camelina sativa, i.e. gold-of-pleasure or false flax: The Polish name is ‘lnianka siewna’, it is also popularly called ‘rydz’, ‘rydzyk’, ‘ryżyk’, or, more seldom, ‘lennica’. Some regions of Poland only use the popular name of this plant, i.e. ‘rydz’ which is due to its excep- tionally rusty-coloured seeds. The colour is similar to that of the mushroom Lactarius deliciosus (Saffron milk cap), called ‘rydz’ in Polish and found all over the country. It is precisely because of the rusty colour of the gold-of-pleasure seeds that we call the oil made from them ‘olej rydzowy’.
3.3. Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006:
Registration with reservation of the name Registration without reservation of the name
(1) OJ L 93, 31.3.2006, p. 1. C 244/28EN Official Journal of the European Union 25.9.2008
3.4. Type of product:
Class 1.5: Oils and fats (butter, margarine, oil, etc.)
3.5. Description of the agricultural product or foodstuff to which the name under point 3.1 applies:
‘Olej rydzowy’ has the appearance of a clear, transparent, oily liquid with a small quantity of sediment at the bottom and a rusty colour. Depending on whether the spring or winter variety of the plant is used (Camelina sativa, Camelina silvestris) the colour of the oil varies from golden to reddish-brown. The colour is also influenced by the temperature at which the seeds are heated. ‘Olej rydzowy’ has a charac- teristic taste of onions and mustard and a strong and rich aroma.
‘Olej rydzowy’ has the following physico-chemical properties:
— acid value — not more than 6 mg KOH/g,
— peroxide value, mval active oxygen per kg — not more than 6,
— iodine value: 140-160,
— freezing temperature: between – 15 °C and – 18 °C
‘Olej rydzowy’ can be stored for a long time, unlike oils of similar composition and proportion of satu- rated and unsaturated fatty acids. This is due to the high content of natural antioxidants of the tocopherol group (vitamin E), approximately 550-1 100 mg/kg of oil.
The content of saturated acids is low, 10-11 %, while unsaturated acids constitute approx. 90 %, of which monounsaturated 36 % and polyunsaturated between 50 % and 60 %.
3.6. Description of the production method of the agricultural product or foodstuff to which the name under point 3.1 applies:
Step 1
Obtaining the seeds:
The seeds are obtained from the cultivation of spring or winter gold-of-pleasure. Depending on the species, the plant is sown in autumn or in spring.
The plants are harvested once only, when the seeds have matured.
Step 2
Drying and cleaning the seeds:
The seeds are dried within 6 hours after harvesting. They must be dried until the humidity reaches a level of 7-12 %.
This step is followed by cleaning the seeds to above 98 %.
Step 3
Preparing the pressing:
The first preparatory step is flaking (crushing) the seeds with a smooth roller.
Step 4
Conditioning the seeds:
The flaked seeds are heated to 38 °C in a kettle with either a water jacket or heated tin sheets. 25.9.2008 EN Official Journal of the European Union C 244/29
Step 5
Pressing:
In order to obtain oil of the desired physico-chemical properties, the pressing must take place only in presses which do not increase the temperature of the crushed seeds above the limit of 38 °C.
Step 6
Cleaning the oil:
The oil is cleaned by sedimentation, i.e. a process consisting in allowing the heavier fusel oils to fall to the bottom of the container at a room temperature during 7-10 days, after which time the top layer of the oil is suitable for consumption.
The oil is not refined in any way.
Step 7
Storing the oil:
The oil is stored in dry places which are not exposed to sunlight at a maximum temperature of 20 °C and a minimum of 4 °C. Correct storage has an influence on the quality of the oil. Forbidden practice: In order to maintain the specific character of gold-of-pleasure oil, the following is not allowed during production: — heating the seeds to a temperature exceeding 38 °C, — using oil presses that significantly increase the temperature of the pulp above the fixed temperature of 38 °C, — increasing the pressure during oil pressing above 300 A.
3.7. Specific character of the agricultural product or foodstuff: The specific character of gold-of-pleasure oil is due to its basic features, namely: — exceptional taste and smell, — colour, — physico-chemical composition, — possibility of long storage.
Taste and smell:
The oil differs from other products of this type by its specific taste with a distinct hint of onion and mustard, as well as a pleasant, moderately strong pure aroma.
Colour:
Gold-of-pleasure oil has a rusty colour.
Physico-chemical composition:
Gold-of-pleasure oil is very specific mainly due to its nutritional value and its rich chemical composi- tion. It contains a number of components sought after in dietetics, especially polyunsaturated fatty acids (PUFA).
The content of these acids in gold-of-pleasure oil is between 50 % and 60 %, with Omega 3 acids between 35 % and 40 % and Omega 6 between 15 % and 20 %. These features make gold-of-pleasure oil one of the richest plant sources of Omega 3 acids known to man. C 244/30EN Official Journal of the European Union 25.9.2008
Possibility of long storage:
In spite of its high acid content, gold-of-pleasure oil is durable and fit for consumption for six months after the production date, if the recommendations for storage are respected. The long shelf life is possible because of the antioxidants of the tocopherol group (vitamin E), approximately 550-1 100 mg/kg of oil) which the oil contains. This is yet another feature that confirms the particular character of this product.
3.8. Traditional character of the agricultural product or foodstuff:
Traditional raw material:
The basic material for the production of gold-of-pleasure oil is the plant gold-of-pleasure (or false flax), belonging to the crucifers (Cruciferae) family of the genus Camelina, which includes a number of species. Two species of gold-of-pleasure are used for the production of oil: the spring species (Camelina sativa) and the winter one (Camelina silvestris). Gold-of-pleasure is 30-100 cm tall and has an inflorescence in the shape of an elongated yellow-white bunch. The fruit of gold-of-pleasure is a pear-shaped silique (3-7 mm), which soon becomes woody and hard and contains about 10 rust-coloured or rusty-yellow seeds, about 0,6 to 2,6 mm long. The plant can be grown on lighter and sandy soils.
The plant originates in the Middle East. According to research into the history of the cultivation of the plant and the pressing of oil from it, its seeds were found on Polish territory at excavations in Strzegom Śląski dating from the Bronze Age, i.e. 3 000 years ago (this information is confirmed in an article from 1966 by Professor F. Dembiński entitled ‘Rośliny oleiste’—‘Oil plants’). In his works on the gold-of-pleasure plant, the botanist Professor Marian Nowiński has highlighted the discovery of its seeds at archaeological sites that reveal the activities of Proto-Slavic peoples of the Lusatian Culture, as well as in the area of Biskupin, a settlement from the eighth century B.C. and the most famous archaeological reserve in Central Europe.
The large number of Polish popular names for this plant, namely: rydz, rydzyk, ryżyk, lennica, is further testimony to the fact that gold-of-pleasure seeds have been used for many centuries (cf. Szczegółowa uprawa roślin —‘Plant cultivation in detail’; a collective work from 1956 edited by Professor Anatol Listkowski).
According to the popular saying ‘lepszy rydz niż nic’ (Translator's remark: Polish equivalent of ‘a bird in the hand is worth two in the bush’) which is often repeated until this day, it is better to have at least this ubiquitous ‘rydz’, i.e. gold-of-pleasure, than to be left empty-handed. This saying, too, confirms the enormous popularity of this plant in the community.
The popularity of this plant is also due to its modest requirements as to the soil, and its short vegeta- tion period of 70 to 100 days.
According to Professor Tadeusz Zając, until the nineteenth century the cultivation of gold-of-flax domi- nated on worse soils, where it was a very popular oil plant, and its seeds were used for ‘gold-of-flax oil’ (article in the review Magazyn Farmerski, July 2006).
The prevalence of gold-of-pleasure allows us to assume that oil pressing was known since time immemorial to Slavic tribes living on current Polish territory. For centuries, ‘gold-of-pleasure oil’ was consumed by the community although its chemical composition was not known.
Traditional method:
The tradition of pressing oil from gold-of-pleasure seeds goes back a very long time. Archaeological discoveries have shown that the inhabitants of the site of Biskupin were familiar with the process of pressing oil from gold-of-pleasure seeds. Besides gold-of-pleasure seeds, archaeologists at the site have also found the remains of appliances for pressing oil.
Other archaeological discoveries confirm that oil from gold-of-pleasure seeds was also pressed after the end of Lusatian Culture, as Slavic tribes were settling in Polish territory. 25.9.2008 EN Official Journal of the European Union C 244/31
In his book Olejarnia dworska z XVII wieku (‘Manor oil mills in the seventeenth century’), H. Samsonowicz describes in detail manor and peasant oil mills from that time and the machines used for pressing oil at the time, such as wedge presses, as well as the method used to drive in the wedges. The book also mentions the fact that oil from gold-of-pleasure seeds was popular among the Polish landed nobility. Yet another confirmation of this information is the exhibition at the Agricultural Museum in Szreniawa of machines and appliances used for oil pressing at Polish manors. H. Olszański writes in his book Tradycyjne olejarstwo w Polsce (‘Traditional oil-milling in Poland’) that, as technological thinking progressed in the nineteenth century, traditional appliances for oil milling such as querns, mortars or wedge presses were replaced by heating systems with stirrers, appliances with several rollers for flaking the seeds and lever presses, and later hydraulic presses driven by thread-mills, then by steam engines, motor engines and more recently by electric engines. Machines of this type are used until now, while the basic way of obtaining oil, i.e. not increasing the temperature of the crushed seeds beyond 38 °C, has not been changed. This feature confirms the traditional character of gold-of-pleasure oil, not only because of the unchanged production process, but also since it testifies of how excellent this process is. 3.9. Minimum requirements and procedures for checking the specific character: With regard to the specific character of gold-of-pleasure oil, the following should be particularly checked: — the quality of the raw material used for production, i.e.: — checking how clean the seeds are, and — checking the process of crushing, heating and pressing the seeds, — the quality of the finished product, i.e.: — the characteristic taste of onion and mustard, — the pleasant, pure aroma, — the clarity of the liquid, coloured golden to brownish, with a small amount of sediment at the bottom. Checks will be carried out at least once every year.
4. Authorities or bodies verifying compliance with the product specification 4.1. Name and address: Name: Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych Address: ul. Wspólna 30 PL-00-930 Warszawa Tel. (48-22) 623 29 01 Fax (48-22) 623 20 99 E-mail: — Public Private
4.2. Specific tasks of the authority or body: The above inspection authority is responsible for verifying the entire specification. C 244/32EN Official Journal of the European Union 25.9.2008
CORRIGENDA
Corrigendum to Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees
(Official Journal of the European Union C 155 of 20 June 2008)
(2008/C 244/11)
On page 15, in point 3.3 ‘Valuation of individual guarantees for SMEs’, the table is replaced by the following:
Annual safe ‘Credit quality Standard & Poor's Fitch Moody's harbour premium
Highest quality AAA AAA Aaa 0,4 %
Very strong payment capacity AA + AA + Aa 1 0,4 % AA AA Aa 2 AA – AA – Aa 3
Strong payment capacity A + A + A 1 0,55 % A A A 2 A – A – A 3
Adequate payment capacity BBB + BBB + Baa 1 0,8 % BBB BBB Baa 2 BBB – BBB – Baa 3
Payment capacity is vulnerable to BB + BB + Ba 1 adverse conditions BB BB Ba 2 2 %
BB – BB – Ba 3 B + B + B 1 3,8 % Payment capacity is likely to be impaired by adverse conditions B B B 2 B – B – B 3 6,3 %
Payment capacity is dependent upon CCC + CCC + Caa 1 No safe-harbour sustained favourable conditions CCC CCC Caa 2 annual premium can be provided CCC – CCC – Caa 3 CC CC C
In or near default SD DDD Ca No safe-harbour D DD C annual premium can be provided’ D NOTE TO THE READER
The institutions have decided no longer to quote in their texts the last amendment to cited acts. Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.