title: Commission Implementing Regulation (EU) No 209/2014 of 5 March 2014 amending Regulation (EU) No 605/2010 as regards animal and public health and veterinary certification conditions for the introduction of colostrum and colostrum-based products intended for human consumption into the Union  Text with EEA relevance

text:
                  6.3.2014

                  EN

                  Official Journal of the European Union

                  L 66/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 209/2014
         of 5 March 2014
         amending Regulation (EU) No 605/2010 as regards animal and public health and veterinary certification conditions for the introduction of colostrum and colostrum-based products intended for human consumption into the Union
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) and point (4) of Article 8 and Article 9(4) thereof,
         Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2), and in particular the second paragraph of Article 9 thereof,
         Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (3), and in particular Articles 11(1) and the second paragraph of Article 16 thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 853/2004 lays down specific rules for food business operators on the hygiene of food of animal origin. That Regulation provides that food business operators producing raw milk and dairy products and colostrum and colostrum-based products intended for human consumption are to comply with the relevant provisions of Annex III thereto.

                     (2)

                     In addition, Regulation (EC) No 853/2004 provides that food business operators importing products of animal origin from third countries are to ensure that importation takes place only, if the third country of dispatch appears on a list drawn up in accordance with Regulation (EC) No 854/2004 and the products satisfy, inter alia, the requirements of Regulation (EC) No 853/2004 and any import conditions laid down in accordance with Union legislation governing import controls for products of animal origin.

                     (3)

                     Commission Regulation (EU) No 605/2010 (4) lays down the public and animal health conditions and the certification requirements for the introduction of consignments of raw milk and dairy products into the Union. It also lays down the list of third countries from which the introduction of such consignments into the Union is authorised.

                     (4)

                     Regulation (EU) No 605/2010 establishes different import conditions depending on the animal health status of the exporting third country as regards foot-and-mouth disease (FMD) and rinderpest. Third countries which are free from FMD without vaccination and rinderpest for the period for at least 12 months prior to import are listed in column A of Annex I to Regulation (EU) No 605/2010 and imports into the Union of raw milk and dairy products, derived from raw milk from those third countries, are authorised without having undergone a specific treatments.

                     (5)

                     The Commission received several requests from some Member States and trade partners to establish animal health conditions for the imports of colostrum and colostrum-based products for human consumption into the Union.

                     (6)

                     Regulation (EU) No 605/2010 does not apply to colostrum and colostrum-based products. However, colostrum represents the same animal health risks as raw milk for FMD. Colostrum can therefore be safely imported from countries which are already authorised for import of raw milk and listed in listed in column A of Annex I to Regulation (EU) No 605/2010.

                     (7)

                     Several commercial products are made of pasteurised or sterilised colostrum. However, since the effects of pasteurisation and sterilisation have not been validated for colostrum which has a high cell content, pasteurised or sterilised colostrum and colostrum-based products should only be imported from those third countries which are free from FMD without vaccination, listed in column A of Annex I to Regulation (EU) No 605/2010.

                     (8)

                     Articles 11, 12 and 13 of Council Directive 97/78/EC (5) lay down the rules and conditions for the checks to be applied to consignment of products of animal origin imported into the Union but destined for a third country either by immediate transit or after storage in the Union.

                     (9)

                     In order to allow the introduction of colostrum and colostrum-based products into the Union, a new model health certificate for such commodities should be added in Part 2 of Annex II to Regulation (EU) No 605/2010 and the model health certificate for raw milk and dairy products for human consumption intended for transit through or storage in the Union set out in Part 3 of Annex II to that Regulation should be amended in order to cover colostrum and colostrum-based products.

                     (10)

                     In order to include colostrum and colostrum-based products in the scope of the Common Veterinary Entry Document referred to in Article 2(1) of Commission Regulation (EC) No 136/2004 (6), it is necessary to provide in the model of health certificates covering such products the appropriate Harmonised System code listed in Chapter 4 of Annex I to Commission Decision 2007/275/EC (7).

                     (11)

                     To avoid any disruption in trade, the use of animal health certificate for raw milk and dairy products for human consumption, intended for transit through or storage in the Union, issued in accordance with Regulation (EU) No 605/2010, should be authorised during a transitional period.

                     (12)

                     Regulation (EU) No 605/2010 should therefore be amended accordingly.

                     (13)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Regulation (EU) No 605/2010
            Regulation (EU) No 605/2010 is amended as follows:

                        (1)

                        the title is replaced by the following:
                        ‘COMMISSION REGULATION (EU) No 605/2010

                           of 2 July 2010

                           laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption’;

                        (2)

                        in Article 1, point (a) of the first paragraph is replaced by the following:

                                    ‘(a)

                                    the public and animal health conditions and certification requirements for the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products;’;

                        (3)

                        Article 2 is replaced by the following:

                           ‘Article 2
                           Importation of raw milk, dairy products, colostrum and colostrum-based products from third countries or parts thereof listed in column A of Annex I
                           Member States shall authorise the importation of consignments of raw milk, dairy products, colostrum and colostrum-based products from the third countries or parts thereof listed in column A of Annex I.’;

                        (4)

                        Article 6 is replaced by the following:

                           ‘Article 6
                           Transit and storage conditions
                           The introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products not intended for importation into the European Union but destined for a third country either by immediate transit or after storage in the Union, in accordance with Articles 11, 12 or 13 of Directive 97/78/EC, shall only be authorised if the consignments comply with the following conditions:

                                       (a)

                                       they come from a third country or part thereof listed in Annex I for the introduction into the European Union of consignments of raw milk, dairy products, colostrum or colostrum-based products and comply with the appropriate treatment conditions for such consignments, as provided for in Articles 2, 3 and 4;

                                       (b)

                                       they comply with the specific animal health conditions for importation into the European Union of the raw milk, dairy products, colostrum or colostrum-based products concerned, as laid down in the animal health attestation in point II.1 of the relevant model health certificate set out in Part 2 of Annex II;

                                       (c)

                                       they are accompanied by a health certificate drawn up in accordance with the appropriate model set out in Part 3 of Annex II for the consignment concerned and completed in accordance with the explanatory notes set out in Part 1 of that Annex;

                                       (d)

                                       they are certified as acceptable for transit, including for storage as appropriate, on the Common Veterinary Entry Document referred to in Article 2(1) of Regulation (EC) No 136/2004, signed by the official veterinarian of the border inspection post of introduction into the Union.’;

                        (5)

                        Article 8 is replaced by the following:

                           ‘Article 8
                           Specific treatment
                           Consignments of dairy products and colostrum-based products authorised for introduction into the European Union in accordance with Articles 2, 3, 4,6 or 7 from third countries or parts thereof where an outbreak of foot-and-mouth disease has occurred within the period of 12 months preceding the date of signature of the health certificate, or which have carried out vaccination against that disease during that period, shall only be authorised for introduction into the European Union if such products have undergone one of the treatments listed in Article 4.’;

                        (6)

                        Annexes I and II are amended in accordance with the Annex to this Regulation.

            Article 2
            Transitional provisions
            For a transitional period until 6 September 2014 the introduction into the European Union of consignments of raw milk and dairy products not intended for importation into the European Union but destined for a third country either by immediate transit or after storage in the Union, in accordance with Articles 11, 12 or 13 of Directive 97/78/EC, accompanied by a health certificate conforming to the model set out in Part 2 of Annex II to Regulation (EU) No 605/2010, in its version prior to the entry into force of this Regulation, shall be authorised, provided that the certificate has been signed within 26 July 2014.

            Article 3
            Entry into force
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 March 2014.

                  For the Commission

                  The President

               José Manuel BARROSO

            (1)  OJ L 18, 23.1.2003, p. 11.

            (2)  OJ L 139, 30.4.2004, p. 55.

            (3)  OJ L 139, 30.4.2004, p. 206.

            (4)  Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption (OJ L 175, 10.7.2010, p. 1).

            (5)  Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

            (6)  Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (OJ L 21, 28.1.2004, p. 11).

            (7)  Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9).

            ANNEX
            Annexes I and II to Regulation (EU) No 605/2010 are amended as follows:

                        (1)

                        Annex I is replaced by the following:

                              ‘ANNEX I
                              List of third countries or parts thereof authorised for the introduction into the European Union of consignments of raw milk, dairy products, colostrum (*1) and colostrum-based products (*1) and indicating the type of heat treatment required for such commodities

                                          “+”

                                          :

                                          third country is authorised

                                          “0”

                                          :

                                          third country is not authorised

                                          ISO code of third country

                                          Third country or part thereof

                                          Column A

                                          Column B

                                          Column C

                                          AE

                                          The Emirate of Dubai of the United Arab Emirates (1)

                                          0

                                          0

                                          + (2)

                                          AD

                                          Andorra

                                          +

                                          +

                                          +

                                          AL

                                          Albania

                                          0

                                          0

                                          +

                                          AR

                                          Argentina

                                          0

                                          0

                                          +

                                          AU

                                          Australia

                                          +

                                          +

                                          +

                                          BR

                                          Brazil

                                          0

                                          0

                                          +

                                          BW

                                          Botswana

                                          0

                                          0

                                          +

                                          BY

                                          Belarus

                                          0

                                          0

                                          +

                                          BZ

                                          Belize

                                          0

                                          0

                                          +

                                          BA

                                          Bosnia and Herzegovina

                                          0

                                          0

                                          +

                                          CA

                                          Canada

                                          +

                                          +

                                          +

                                          CH

                                          Switzerland (*2)

                                          +

                                          +

                                          +

                                          CL

                                          Chile

                                          0

                                          +

                                          +

                                          CN

                                          China

                                          0

                                          0

                                          +

                                          CO

                                          Colombia

                                          0

                                          0

                                          +

                                          CR

                                          Costa Rica

                                          0

                                          0

                                          +

                                          CU

                                          Cuba

                                          0

                                          0

                                          +

                                          DZ

                                          Algeria

                                          0

                                          0

                                          +

                                          ET

                                          Ethiopia

                                          0

                                          0

                                          +

                                          GL

                                          Greenland

                                          0

                                          +

                                          +

                                          GT

                                          Guatemala

                                          0

                                          0

                                          +

                                          HK

                                          Hong Kong

                                          0

                                          0

                                          +

                                          HN

                                          Honduras

                                          0

                                          0

                                          +

                                          IL

                                          Israel

                                          0

                                          0

                                          +

                                          IN

                                          India

                                          0

                                          0

                                          +

                                          IS

                                          Iceland

                                          +

                                          +

                                          +

                                          KE

                                          Kenya

                                          0

                                          0

                                          +

                                          MA

                                          Morocco

                                          0

                                          0

                                          +

                                          MG

                                          Madagascar

                                          0

                                          0

                                          +

                                          MK (*3)

                                          former Yugoslav Republic of Macedonia

                                          0

                                          +

                                          +

                                          MR

                                          Mauritania

                                          0

                                          0

                                          +

                                          MU

                                          Mauritius

                                          0

                                          0

                                          +

                                          MX

                                          Mexico

                                          0

                                          0

                                          +

                                          NA

                                          Namibia

                                          0

                                          0

                                          +

                                          NI

                                          Nicaragua

                                          0

                                          0

                                          +

                                          NZ

                                          New Zealand

                                          +

                                          +

                                          +

                                          PA

                                          Panama

                                          0

                                          0

                                          +

                                          PY

                                          Paraguay

                                          0

                                          0

                                          +

                                          RS (*4)

                                          Serbia

                                          0

                                          +

                                          +

                                          RU

                                          Russia

                                          0

                                          0

                                          +

                                          SG

                                          Singapore

                                          0

                                          0

                                          +

                                          SV

                                          El Salvador

                                          0

                                          0

                                          +

                                          SZ

                                          Swaziland

                                          0

                                          0

                                          +

                                          TH

                                          Thailand

                                          0

                                          0

                                          +

                                          TN

                                          Tunisia

                                          0

                                          0

                                          +

                                          TR

                                          Turkey

                                          0

                                          0

                                          +

                                          UA

                                          Ukraine

                                          0

                                          0

                                          +

                                          US

                                          United States

                                          +

                                          +

                                          +

                                          UY

                                          Uruguay

                                          0

                                          0

                                          +

                                          ZA

                                          South Africa

                                          0

                                          0

                                          +

                                          ZW

                                          Zimbabwe

                                          0

                                          0

                                          +

                        (2)

                        Annex II is amended as follows:

                                    (a)

                                    Part 1 is replaced by the following:
                                    ‘PART 1

                                       Models of health certificates

                                                “Milk-RM”

                                                :

                                                Health certificate for raw milk from third countries or parts thereof authorised in column A of Annex I intended for further processing in the European Union before being used for human consumption.

                                                “Milk-RMP”

                                                :

                                                Health certificate for dairy products derived from raw milk for human consumption, from third countries or parts thereof authorised in column A of Annex I intended for importation into the European Union.

                                                “Milk-HTB”

                                                :

                                                Health certificate for dairy products derived from milk of cows, ewes, goats and buffaloes for human consumption from third countries or parts thereof authorised in column B of Annex I intended for importation into the European Union.

                                                “Milk-HTC”

                                                :

                                                Health certificate for dairy products for human consumption from third countries or parts thereof authorised in column C of Annex I intended for importation into the European Union.

                                                “Colostrum-C/CPB”

                                                :

                                                Health certificate for colostrum of cows, ewes, goats and buffaloes and colostrum-based products derived from colostrum of the same species from third countries or parts thereof listed in column A of Annex I for human consumption intended for importation into the European Union.

                                                “Milk/ Colostrum-T/S”

                                                :

                                                Animal health certificate for raw milk, colostrum, dairy products or colostrum-based products for human consumption, intended for transit through or storage in the European Union.

                                       Explanatory notes

                                                (a)

                                                The health certificates shall be issued by the competent authorities of the third country of origin, in accordance with the appropriate model set out in Part 2 of this Annex, according to the layout of the model that corresponds to the raw milk, colostrum, dairy products or colostrum-based products concerned. They shall contain, in the numbered order that appears in the model, the attestations that are required for any third country and, as the case may be, those supplementary guarantees that are required for the exporting third country concerned.

                                                (b)

                                                The original of the health certificate shall consist of a single sheet printed on either pages or, where more text is required, such that all the sheets form a whole and cannot be separated.

                                                (c)

                                                A separate, single health certificate must be presented for each consignment of the commodity concerned, exported to the same destination from a third country listed in the table in Annex I and transported in the same railway wagon, road vehicle, aircraft or ship.

                                                (d)

                                                The original of the health certificate and the labels referred to in the model certificate shall be drawn up in at least one official language of the Member State where border inspection takes place and of the Member State of destination. However, those Member States may allow it to be drawn up in another official language of the European Union instead of their own, accompanied, if necessary, by an official translation.

                                                (e)

                                                Where additional sheets are attached to the health certificate for the purpose of identifying the commodities making up the consignment, such additional sheets shall also be considered to form part of the original certificate, provided the signature and stamp of the certifying official veterinarian appear on each page.

                                                (f)

                                                Where the health certificate comprises more than one page, each page shall be numbered “–x(page number) of y(total number of pages)–” on the bottom of the page and shall bear the certificate reference number allocated by the competent authority on the top of the page.

                                                (g)

                                                The original of the health certificate must be completed and signed by a representative of the competent authority responsible for verifying and certifying that the raw milk, colostrum, dairy products or colostrum-based products meet the health conditions laid down in Section IX of Chapter I of Annex III to Regulation (EC) No 853/2004 and in Directive 2002/99/EC.

                                                (h)

                                                The competent authorities of the exporting third country shall ensure that principles of certification equivalent to those laid down in Council Directive 96/93/EC (3) are complied with.

                                                (i)

                                                The colour of the signature of the official veterinarian shall be different from that of the printing on the health certificate. That requirement shall also apply to stamps other than embossed stamps or watermarks.

                                                (j)

                                                The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union.

                                                (k)

                                                Where the model certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from the certificate.

                                       (3)  OJ L 13, 16.1.1997, p. 28.’"

                                    (b)

                                    in Part 2, the following model certificate is added:

                                    Text of image

                                       ‘Model Colostrum/Colostrum-based products- C/CBP
                                       Health Certificate for colostrum of cows, ewes, goats and buffaloes and colostrum- based products derived from colostrum of the same species from third countries or parts thereof listed in column A of Annex I for human consumption intended for importation into the European Union
                                       COUNTRY
                                       Veterinary certificate to EU
                                       I.1. Consignor
                                       Name
                                       Address
                                       Tel.
                                       I.2. Certificate reference No
                                       I.2.a.
                                       I.3. Central competent authority
                                       I.4. Local competent authority
                                       I.5. Consignee
                                       Name
                                       Address
                                       Postcode
                                       Tel.
                                       I.6.
                                       I.7. Country of origin
                                       ISO code
                                       I.8.
                                       I.9. Country of destination
                                       ISO code
                                       I.10.
                                       I.11. Place of origin
                                       Name
                                       Approval number
                                       Address
                                       I.12.
                                       I.13. Place of loading
                                       I.14. Date of departure
                                       I.15. Means of transport
                                       Aeroplane
                                       Ship
                                       Railway wagon
                                       Road vehicle
                                       Other
                                       Identification
                                       Documentary references
                                       I.16. Entry BIP in EU
                                       I.17.
                                       I.18. Description of commodity
                                       I.19. Commodity code (HS code)
                                       I.20. Quantity
                                       I.21. Temperature of product
                                       Ambient
                                       Chilled
                                       Frozen
                                       I.22. Number of packages
                                       I.23. Seal/Container No
                                       I.24. Type of packaging
                                       I.25. Commodities certified for:
                                       Human consumption
                                       I.26.
                                       I.27. For import or admission into EU
                                       I.28. Identification of the commodities
                                       Species
                                       (Scientific name)
                                       Manufacturing plant
                                       Number of packages
                                       Net weight
                                       Batch number
                                       Part I: Details of dispatched consignment

                                    Text of image

                                       Part II: Certification
                                       COUNTRY
                                       Model Colostrum/Colostrum –Based Products C/CBP
                                       Colostrum and colostrum based products from third countries or parts thereof listed in column A of Annex I for human consumption intended for importation
                                       II. Health information
                                       II.a. Certificate reference number
                                       II.b.
                                       II.1 Animal Health Attestation
                                       I, the undersigned official veterinarian, declare that I am aware of the relevant provisions of Directive 2002/99/EC and of Regulation (EC) No 853/2004 and hereby certify that the colostrum /colostrum-based products (1) described in Part I:
                                       have been obtained or manufactured from colostrum obtained from animals:
                                       (i) under the control of the official veterinary service;
                                       (ii) which were in a third country or part thereof that has been free of foot-and-mouth disease and of rinderpest for a period of at least 12 months prior to the date of this certificate, and where vaccination against foot-and-mouth disease has not been carried out during that period;
                                       (iii) belonging to holdings which were not under restrictions due to foot-and-mouth disease or rinderpest, and
                                       (iv) subject to regular veterinary inspections to ensure that they satisfy the animal health conditions laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 and in Directive 2002/99/EC.
                                       II.2 Public Health Attestation
                                       I, the undersigned official inspector, declare that I am aware of the relevant provisions of Regulations (EC) No 178/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 and hereby certify that the colostrum/colostrum-based products made with colostrum (1) described in Part I were produced in accordance with those provisions, and in particular that:
                                       (a) they were manufactured from colostrum:
                                       (i) which comes from holdings registered in accordance with Regulation (EC) No 852/2004 and checked in accordance with Annex IV to Regulation (EC) No 854/2004;
                                       (ii) which was produced, collected, cooled, stored and transported in accordance with the hygiene conditions laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
                                       (iii) which complies with the guarantees on the residues status of colostrum provided by the monitoring plans for the detection of residues or substances submitted in accordance with Directive 96/23/EC, and in particular, Article 29 thereof;
                                       (iv) which, pursuant to testing for residues of antibacterial drugs carried out by the food business operator in accordance with the requirements of point 4 in Part III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004, complies with the maximum residue limits for residues of antibacterial veterinary medicinal products laid down in the Annex to Regulation (EU) No 37/2010;
                                       (v) which has been produced under conditions guaranteeing compliance with the maximum residue levels for pesticides laid down in Regulation (EC) No 396/2005, and maximum levels for contaminants laid down in Regulation (EC) No 1881/2006;
                                       (b) they come from an establishment implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;
                                       (c) they have been processed, stored, wrapped, packaged and labeled in accordance with Chapters III and IV of Section IX of Annex III to Regulation (EC) No 853/2004;
                                       (d) they meet the relevant requirements laid down in Chapter II, Section IX of Annex III to Regulation (EC) N0 853/2004 and the relevant microbiological criteria laid down in Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs, and
                                       (e) the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof are fulfilled.

                                    Text of image

                                       COUNTRY
                                       Model Colostrum/Colostrum –Based Products C/CBP
                                       Colostrum and colostrum based products from third countries or parts thereof listed in column A of Annex I for human consumption intended for importation
                                       II. Health information
                                       II.a. Certificate reference number
                                       II.b.
                                       Notes
                                       This certificate is intended for colostrum or colostrum–based products from third countries or parts thereof authorised in column A of Annex I to Regulation (EU) No 605/2010.
                                       Part I:
                                       Box reference I.7: Provide name and ISO code of the country or part thereof as appearing in Annex I to Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption (OJ L 175, 10.7.2010, p. 1).
                                       Box reference I.11: Name, address and approval number of the establishment of dispatch.
                                       Box reference I.15: Registration number (railway wagons or container and road vehicle), flight number (aircraft) or name (ship). In case of unloading and reloading, the consignor must inform the border inspection post of introduction into the European Union.
                                       Box reference I.19: Use the appropriate Harmonised System (HS) code under the following headings: 04.01; 04.02; 04.03; 04.04; 04.05; 04.06; 04.10; 15.17; 17.02; 19.01; 21.05; 21.06; 22.02; 28.35; 30.01; 35.01; 35.02 or 35.04.
                                       Box reference I.20: Indicate total gross weight and total net weight.
                                       Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.
                                       Box reference I.28: Manufacturing plant: introduce the approval number of the production holding(s), collection centre or standardization centre approved for exportation to the European Union.
                                       Part II:
                                       (1) Keep as appropriate.
                                       The colour of the signature shall be different to that of the printing. The same rule applies to stamps other than those embossed or watermark.
                                       Official veterinarian
                                       Name (in capital letters):
                                       Qualification and title:
                                       Date:
                                       Signature:’
                                       Stamp:

                                    (c)

                                    Part 3, is replaced by the following:
                                    ‘PART 3

                                    Text of image

                                       Model Milk/Colostrum-T/S
                                       Animal Health Certificate for raw milk, dairy products, colostrum and colostrum-based products for human consumption intended for transit through or storage in the European Union
                                       COUNTRY
                                       Veterinary certificate to EU
                                       I.1. Consignor
                                       Name
                                       Address
                                       Tel.
                                       I.2. Certificate reference No
                                       I.2.a.
                                       I.3. Central competent authority
                                       I.4. Local competent authority
                                       I.5. Consignee
                                       Name
                                       Address
                                       Postcode
                                       Tel.
                                       I.6. Person responsible for the load in EU
                                       Name
                                       Address
                                       Postal code
                                       Tel. No
                                       I.7. Country of origin
                                       ISO code
                                       I.8. Region of origin
                                       Code
                                       I.9. Country of destination
                                       ISO code
                                       I.10.
                                       I.11. Place of origin
                                       Name
                                       Approval number
                                       Address
                                       I.12. Place of destination
                                       Customs warehouse
                                       Ship supplier
                                       Name
                                       Approval number
                                       Address
                                       Postal code
                                       I.13. Place of loading
                                       I.14. Date of departure
                                       I.15. Means of transport
                                       Aeroplane
                                       Ship
                                       Railway wagon
                                       Road vehicle
                                       Other
                                       Identification
                                       Documentary references
                                       I.16. Entry BIP in EU
                                       I.17.
                                       I.18. Description of commodity
                                       I.19. Commodity code (HS code)
                                       I.20. Quantity
                                       I.21. Temperature of product
                                       Ambient
                                       Chilled
                                       Frozen
                                       I.22. Number of packages
                                       I.23. Seal/Container No
                                       I.24. Type of packaging
                                       I.25. Commodities certified for:
                                       Human consumption
                                       I.26. For transit through EU to 3rd Country
                                       3rd country
                                       ISO code
                                       I.27.
                                       I.28. Identification of the commodities
                                       Species
                                       (Scientific name)
                                       Manufacturing plant
                                       Number of packages
                                       Net weight
                                       Batch number
                                       Part I: Details of dispatched consignment

                                    Text of image

                                       Part II: Certification
                                       COUNTRY
                                       Model Milk/Colostrum-T/S
                                       Raw milk, dairy products, colostrum and colostrum-based products for human consumption for transit or storage
                                       II. Health information
                                       II.a. Certificate reference number
                                       II.b.
                                       II.1 Animal Health Attestation
                                       I, the undersigned official veterinarian, hereby certify that the [raw milk] / [dairy products] / [colostrum] / [colostrum-based products] (1) (2) for [transit] / [storage] (2) in the European Union described in Part I:
                                       (a) come from a country or part thereof authorised for imports to the European Union of raw milk, dairy products, colostrum or colostrum-based products as laid down in Annex I to Regulation (EU) No 605/2010;
                                       (b) comply with the relevant animal health conditions for the products concerned as laid down in the animal health attestation in Part II.1 of the model health certificates [Milk-RM] / [Milk-RMP] / [Milk-HTB] / [Milk-HTC]/[Colostrum-C/CBP](2) in Part 2 of Annex II to Regulation (EU) No 605/2010;
                                       (c) was/were produced on … (3) or between … (3) and … (3).
                                       Notes
                                       Part I:
                                       Box reference I.7: Provide name and ISO code of the country or part thereof as appearing in Annex I to Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption (OJ L 175, 10.7.2010, p. 1).
                                       Box reference I.11: Name, address and approval number of the establishment of dispatch. Name of the country of origin which must be the same as the country of export.
                                       Box reference I.15: Registration number (railway wagons or container and road vehicles), flight number (aircraft) or name (ship). In the case of transport in containers, the total number of containers and their registration number and where there is a serial number of the seal it must be indicated in box I.23. In case of unloading and reloading, the consignor must inform the border inspection post of introduction into the European Union.
                                       Box reference I.19: Use the appropriate Harmonised System (HS) code under the following headings: 04.01; 04.02; 04.03; 04.04; 04.05; 04.06; 15.17; 17.02; 19.01; 21.05; 21.06.; 22.02; 28.35; 30.01; 35.01; 35.02; 35.04 or 04.10.
                                       Box reference I.20: Indicate total gross weight and total net weight.
                                       Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.
                                       Box reference I.28: Manufacturing plant: introduce the approval number of the production holding(s), collection centre or standardization centre approved for exportation to the European Union.
                                       Part II:
                                       (1) Raw milk, dairy products, colostrum and colostrum –based products means raw milk, dairy products, colostrum and colostrum-based products for human consumption in transit or storage in accordance with Article 12(4) or Article 13 of Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).
                                       (2) Keep as appropriate.
                                       (3) Date or dates of production. Imports of raw milk, dairy products, colostrum and colostrum-based products shall not be allowed when obtained either prior to the date of authorisation for exportation to the European Union of the third country or part thereof mentioned under I.7 and I.8, or during a period where restrictive measures have been adopted by the European Union against imports of raw milk, dairy products, colostrum and colostrum-based products from this third country or part thereof.
                                       The colour of the signature shall be different to that of the printing. The same rule applies to stamps other than those embossed or watermark.

                                    Text of image

                                       COUNTRY
                                       Model Milk/Colostrum-T/S
                                       Raw milk, dairy products, colostrum and colostrum-based products for human consumption for transit or storage
                                       II. Health information
                                       II.a. Certificate reference number
                                       II.b.
                                       Official veterinarian
                                       Name (in capital letters):
                                       Qualification and title:
                                       Date:
                                       Signature:’
                                       Stamp:

               (3)  OJ L 13, 16.1.1997, p. 28.’”

               (*1)  The colostrum and colostrum-based products can only be introduced into the European Union from countries authorised in column A.

               (*2)  Certificates in accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

               (*3)  The former Yugoslav Republic of Macedonia; the definitive nomenclature for this country will be agreed following the conclusion of the negotiations currently taking place on this subject at UN level.

               (*4)  Not including Kosovo which is at present under international administration pursuant to United Nations Security Council Resolution 1244 of 10 June 1999.

               (1)  Only dairy products from camels of the species Camelus dromedarius.

               (2)  Dairy products from camels of the species Camelus dromedarius are authorised.’


title: Commission Implementing Regulation (EU) No 290/2014 of 21 March 2014 concerning the authorisation of a preparation of endo-1,4-beta-xylanase and endo-1,3(4)-beta-glucanase produced by Talaromyces versatilis sp. nov. IMI CC 378536 as a feed additive for poultry, weaned piglets and pigs for fattening and amending Regulations (EC) No 1259/2004, (EC) No 943/2005, (EC) No 1206/2005 and (EC) No 322/2009 (holder of the authorisation Adisseo France S.A.S.)  Text with EEA relevance

text:
               22.3.2014

               EN

               Official Journal of the European Union

               L 87/84

      COMMISSION IMPLEMENTING REGULATION (EU) No 290/2014
   of 21 March 2014
   concerning the authorisation of a preparation of endo-1,4-beta-xylanase and endo-1,3(4)-beta-glucanase produced by Talaromyces versatilis sp. nov. IMI CC 378536 as a feed additive for poultry, weaned piglets and pigs for fattening and amending Regulations (EC) No 1259/2004, (EC) No 943/2005, (EC) No 1206/2005 and (EC) No 322/2009 (holder of the authorisation Adisseo France S.A.S.)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

               (2)

               A preparation of endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6 produced by Penicillium funiculosum IMI SD 101 was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for chickens for fattening by Commission Regulation (EC) No 1259/2004 (3); for laying hens and turkeys for fattening by Commission Regulation (EC) No 943/2005 (4); for pigs for fattening by Commission Regulation (EC) No 1206/2005 (5); and for ducks for fattening and weaned piglets by Commission Regulation (EC) No 322/2009 (6). That preparation was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 of that Regulation, an application was submitted for the re-evaluation of that preparation of endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6 produced by Talaromyces versatilis sp. nov. IMI CC 378536 (formerly Penicillium funiculosum IMI SD 101), as a feed additive for chickens, turkeys and ducks for fattening, laying hens, weaned piglets, pigs for fattening, and, in accordance with Article 7 of that Regulation, for a new use for all major and minor poultry species, requesting that additive to be classified in the additive category ‘zootechnical additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 10 July 2013 (7) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6 produced by Talaromyces versatilis sp. nov. IMI CC 378536 does not have an adverse effect on animal health, human health or the environment, and that it has a potential to favourably affect animal performance in chickens and turkeys for fattening, laying hens, weaned piglets and pigs for fattening. Since the mode of action can be considered to be similar in all poultry species, this conclusion can be extrapolated to ducks, guinea fowls, quails, geese, pheasant and pigeons. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of the preparation of endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6 produced by Talaromyces versatilis sp. nov. IMI CC 378536 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

               (6)

               As a consequence of the granting of a new authorisation under Regulation (EC) No 1831/2003, Regulations (EC) No 1259/2004, (EC) No 943/2005, (EC) No 1206/2005 and (EC) No 322/2009 should be amended accordingly.

               (7)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Authorisation
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   Article 2
   Amendments to Regulation (EC) No 1259/2004
   Regulation (EC) No 1259/2004 is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               The preparations belonging to the group “enzymes”, as set out in Annexes III, V and VI are authorised for use without a time limit as additive in animal nutrition under the conditions laid down in those Annexes.’;

               (2)

               Annex IV is deleted.

         Article 3
   Amendment to Regulation (EC) No 943/2005
   In Annex II to Regulation (EC) No 943/2005 the entry on E 1604, endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6, is deleted.
   Article 4
   Amendment to Regulation (EC) No 1206/2005
   In Annex to Regulation (EC) No 1206/2005 the entry on E 1604, endo-1,4-beta-xylanase EC 3.2.1.8 and endo-1,3(4)-beta-glucanase EC 3.2.1.6, is deleted.
   Article 5
   Amendment to Regulation (EC) No 322/2009
   In Regulation (EC) No 322/2009, Article 3 and Annex III are deleted.
   Article 6
   Transitional measures
   The preparation specified in the Annex and feed containing that preparation, which are produced and labelled before 11 October 2014 in accordance with the rules applicable before 11 April 2014 may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 7
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 21 March 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  Directive 70/524/EEC of the Council of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

      (3)  Commission Regulation (EC) No 1259/2004 of 8 July 2004 concerning the permanent authorisation of certain additives already authorised in feedingstuffs (OJ L 239, 9.7.2004, p. 8).

      (4)  Commission Regulation (EC) No 943/2005 of 21 June 2005 concerning the permanent authorisation of additives in feedingstuffs (OJ L 159, 22.6.2005, p. 6).

      (5)  Commission Regulation (EC) No 1206/2005 of 27 July 2005 concerning the permanent authorisation of certain additives in feedingstuffs (OJ L 197, 28.7.2005, p. 12).

      (6)  Commission Regulation (EC) No 322/2009 of 20 April 2009 concerning the permanent authorisations of certain additives in feedingstuffs (OJ L 101, 21.4.2009, p. 9).

      (7)  EFSA Journal 2013; 11(7):3321.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: digestibility enhancers

                  4a1604i

                  Adisseo France S.A.S.

                  Endo-1,3(4)-beta-glucanase
                  EC 3.2.1.6
                  Endo-1,4-beta-xylanase
                  EC 3.2.1.8

                                 Additive composition

                              Preparation of endo-1,3(4)-beta-glucanase and endo-1,4-beta-xylanase produced by Talaromyces versatilis sp. nov. IMI CC 378536 having a minimum activity of:

                                          —

                                          solid form: endo-1,3(4)-beta-glucanase 30 000 VU (1)/g and endo-1,4-beta-xylanase 22 000 VU/g;

                                          —

                                          liquid form: endo-1,3(4)-beta-glucanase activity of 7 500 VU/ml and endo-1,4-beta-xylanase activity of 5 500 VU/ml.

                                 Characterisation of the active substance

                              endo-1,4-beta-xylanase and endo-1,3(4)-beta-glucanase produced by Talaromyces versatilis sp. nov. IMI CC 378536

                                 Analytical method
                                  (2)

                              For the quantification of endo-1,3(4)-beta-glucanase activity:

                                          —

                                          viscosimetric method based on decrease in viscosity produced by action of endo-1,3(4)-beta-glucanase on the glucan substrate barley betaglucan at pH = 5,5 and 30 °C.

                                    For the quantification of endo-1,4-beta-xylanase actvity:

                                          —

                                          viscosimetric method based on decrease in viscosity produced by action of endo-1,4-beta-xylanase on the xylan containing substrate (wheat arabinoxylan)

                  All poultry species
                  Piglets
                  (weaned)
                  Pigs for fattening

                  —

                  endo-1,3(4)-beta-glucanase 1 500 VU
                  endo-1,4-beta-xylanase 1 100 VU

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage conditions and stability to pelleting.

                              2.

                              For use in (weaned) piglets up to approximately 35 kg.

                              3.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                  11 April 2024

         (1)  VU (viscosimetry unit) is the amount of enzyme which hydrolyzes the substrate (barley betaglucan and wheat arabinoxylan, respectively), reducing the viscosity of the solution, to give a change in relative fluidity of 1 (dimensionless unit)/min at 30 °C and pH 5,5.

         (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


title: Commission Implementing Regulation (EU) No 1248/2014 of 20 November 2014 amending Implementing Regulation (EU) No 776/2014 fixing the quantitative limit for the exports of out-of-quota sugar until the end of the 2014/2015 marketing year and repealing Implementing Regulation (EU) No 1061/2014

text:
               22.11.2014

               EN

               Official Journal of the European Union

               L 335/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 1248/2014
   of 20 November 2014
   amending Implementing Regulation (EU) No 776/2014 fixing the quantitative limit for the exports of out-of-quota sugar until the end of the 2014/2015 marketing year and repealing Implementing Regulation (EU) No 1061/2014
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 139(2) and point (g) of the first paragraph of Article 144 thereof,
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 7e in conjunction with Article 9(1) thereof,
   Whereas:

               (1)

               According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced during a marketing year in excess of the quota referred to in Article 136 of that Regulation may be exported only within a quantitative limit to be fixed by the Commission.

               (2)

               Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences, are laid down by Regulation (EC) No 951/2006.

               (3)

               For the 2014/2015 marketing year it was initially estimated that fixing the quantitative limit at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports would correspond to the market demand. Such a limit was set by Commission Implementing Regulation (EU) No 776/2014 (3). However, according to most recent estimates, the production of out-of-quota sugar is expected to reach 6 200 000 tonnes. Additional market outlets for out-of-quota sugar should therefore be ensured.

               (4)

               Taking into account that the WTO ceiling for exports in the 2014/2015 marketing year has not been fully used, it is appropriate to increase the export quantitative limit of out-of-quota sugar by 700 000 tonnes, so as to provide additional business opportunities for the Union producers of sugar.

               (5)

               Regulation (EU) No 776/2014 should be amended accordingly.

               (6)

               To allow the lodging of applications for out-of-quota sugar export licences, the suspension of the lodging of applications provided for in Article 1(3) of Commission Implementing Regulation (EU) No 1061/2014 (4) should be abolished. As Implementing Regulation (EU) No 1061/2014 has exhausted its effects, it is appropriate to repeal it.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Article 1 of Implementing Regulation (EU) No 776/2014, paragraph 1 is replaced by the following:

      ‘1.   For the 2014/2015 marketing year, the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 1 350 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.’

   Article 2
   Implementing Regulation (EU) No 1061/2014 is repealed.
   Article 3
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 November 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  Commission Implementing Regulation (EU) No 776/2014 of 16 July 2014 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2014/2015 marketing year (OJ L 210, 17.7.2014, p. 11).

      (4)  Commission Implementing Regulation (EU) No 1061/2014 of 8 October 2014 fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar (OJ L 293, 9.10.2014, p. 24).


title: Commission Implementing Regulation (EU) No 737/2012 of 14 August 2012 on the protection of certain stocks in the Celtic Sea

text:
               15.8.2012

               EN

               Official Journal of the European Union

               L 218/8

         COMMISSION IMPLEMENTING REGULATION (EU) No 737/2012
   of 14 August 2012
   on the protection of certain stocks in the Celtic Sea
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fisheries resources through technical measures for the protection of juveniles of marine organisms (1), and in particular Article 45(1) thereof,
   Whereas:

               (1)

               In accordance with Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2), the common fisheries policy must provide for coherent measures concerning the conservation, management and exploitation of living aquatic resources, including specific measures to reduce the impact of fishing activities on marine ecosystems and non-target species.

               (2)

               Article 45(1) of Regulation (EC) No 850/98 provides that, where the conservation of stocks of marine organisms calls for immediate action, the Commission may, in addition to or by way of derogation from that Regulation, adopt any measures necessary.

               (3)

               Advice received in June 2011 from the International Council for the Exploration of the Sea (hereinafter ‘ICES’) shows that discarding rates in the Celtic Sea, particularly of juvenile haddock and whiting, are high and increasing. Discarding fish before they have reproduced reduces the potential yield for future years and thus threatens the sustainability of the stocks.

               (4)

               Both the fleets targeting Norway lobster and the fleets using bottom trawls and seines to target mixed finfish have high levels of haddock and whiting discards due to the poor selectivity of the gears used. ICES also states that the cod stock is highly dependent on recruitment of fish, and that technical measures should be encouraged to reduce discards. With recent high recruitment in both haddock and whiting stocks in the Celtic Sea, discarding is expected to get worse this year. Consequently, ICES advises that technical measures should be introduced urgently to increase selectivity and reduce discards of haddock, whiting and cod.

               (5)

               It is therefore necessary to introduce the use of square-meshed panels to improve the size selectivity of the gears used and protect the juvenile fish entering the stock, whilst maintaining as much of the catches of target species as possible. Square-meshed panels have been shown to reduce fishing mortality significantly by allowing fish to escape and are an effective measure that can be introduced immediately.

               (6)

               In October 2011 the North Western Waters Regional Advisory Council (NWWRAC) issued advice that the current technical measures in the Celtic Sea should be improved to reduce discards, especially of haddock and whiting, by requiring the use of an appropriately positioned square-meshed panel of a specified size depending on the gear type and engine power of the vessel.

               (7)

               Therefore, the conservation of haddock and whiting stocks in the Celtic Sea require immediate action.

               (8)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   1.   This Regulation shall apply to fishing vessels operating with bottom trawls or seines in the International Council for the Exploration of the Sea (ICES) divisions VIIf, VIIg and the part of VIIj that lies north of latitude 50° N and east of 11° W (hereinafter the ‘Celtic Sea’), where:

               (a)

               bottom trawls and seines are of single mesh size equal to or larger than 100 millimetres (hereinafter ‘TR1 vessels’);

               (b)

               bottom trawls and seines are of single mesh size equal or larger than 70 millimetres and less than 100 millimetres (hereinafter ‘TR2 vessels’); or

               (c)

               where the vessel using bottom trawls or seines has an engine power of less than 112 kilowatts (hereinafter ‘low-powered vessels’).

         2.   Paragraph 1 shall not apply to fishing vessels operating with beam trawls.
   Article 2
   Technical measures
   1.   By way of derogation from point (a) of Article 7(1) of Regulation (EC) No 850/98, the following technical measures shall apply for vessels as referred to in Article 1:

               (a)

               TR1 and low-powered vessels shall use a square-meshed panel of a mesh size of at least 100 millimetres;

               (b)

               TR2 vessels shall use a square-meshed panel of a mesh size of at least 110 millimetres.

         2.   By way of derogation from point (a) of Article 7(2) of Regulation (EC) No 850/98, the square-meshed panel as referred to in paragraph 1 shall be placed into the top panel of the codend. The rearmost edge of the square-meshed panel, which is the part closest to the codline, shall be no more than 9 metres from the codline.
   Article 3
   Onboard observer programme
   1.   Without prejudice to Commission Regulation (EC) No 665/2008 (3), each Member State whose vessels are concerned by the technical measures referred to in Article 2 shall immediately establish an onboard observer programme to record the effectiveness of those measures. In particular, the observer programme shall estimate haddock, whiting and cod catches and discards with a precision of no less than 20 %.
   2.   Member States shall submit to the Commission a report on the selective performance of the gear, including the total catches and discards of vessels subject to the observer programme no later than 15 October of each year in which the programme is implemented.
   Article 4
   Entry into force and application
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 2 shall apply from 26 September 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 August 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 125, 27.4.1998, p. 1.

      (2)  OJ L 358, 31.12.2002, p. 59.

      (3)  OJ L 186, 15.7.2008, p. 3.