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Council Regulation (EC) No 361/2008Show full title

Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

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ANNEX IU.K.

ANNEX VIIaU.K.CALCULATION OF THE PERCENTAGE TO BE ESTABLISHED IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 59(2)

1.For the purpose of the calculation set out in point 2, the following definitions shall apply:

(a)

“percentage at Member State level” means the percentage to be established in accordance with point 2 for the purpose of determining the total quantity to be reduced at the level of the Member State concerned;

(b)

“common percentage” means the common percentage established by the Commission in accordance with the first subparagraph of Article 59(2);

(c)

“reduction” means the figure obtained by dividing the total renunciation of quotas in the Member State by the national quotas as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community.

2.The percentage at Member State level is equal to the common percentage multiplied by 1 – [(1/0,6) × the reduction].

When the result is below zero, the applicable percentage is equal to zero.

ANNEX VIIbU.K.CALCULATION OF THE PERCENTAGE APPLICABLE TO UNDERTAKINGS IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 59(2)

1.For the purpose of the calculation set out in point 2, the following definitions shall apply:

(a)

“applicable percentage” means the percentage to be established in accordance with point 2 and applicable to the quota allocated to the undertaking concerned;

(b)

“common percentage at Member State level” means the percentage calculated for the Member State concerned as:

Qty/Σ [(1 – R/K) × Q]

with

Qty

=

the quantity to be reduced at the level of the Member State referred to in point 1(a) of Annex VIIa,

R

=

renunciation referred to under (c) for a given undertaking,

Q

=

the quota of the same given undertaking available at the end of February 2010,

K

=

the figure calculated under (d),

Σ refers to the sum of the product of (1 – R/K) × Q calculated for each undertaking holding a quota in the territory of the Member State; when the product is below zero, it shall be equal to zero;

(c)

“renunciation” means the figure obtained by dividing the quantity of quotas renounced by the undertaking concerned by its quota as allocated in accordance with Articles 7 and 11(1) to (3) of Regulation (EC) No 318/2006 and Article 60(1) to (3) of this Regulation;

(d)

“K” is calculated in each Member State by dividing the total reduction of quota in that Member State (voluntary renunciations plus the quantity to be reduced at the level of Member State referred to in point 1(a) of Annex VIIa) by its initial quota as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community.

2.The applicable percentage is equal to the common percentage at Member State level multiplied by 1 – [(1/K) × the renunciation].

When the result is below zero, the applicable percentage is equal to zero.

ANNEX VIIcU.K.CALCULATION OF THE COEFFICIENT TO BE ESTABLISHED IN ACCORDANCE WITH ARTICLE 52A(1)

1.For the purpose of the calculations set out in point 2, the following definitions shall apply:

(a)

“coefficient at Member State level” means the coefficient to be established in accordance with point 2;

(b)

“reduction” means the figure obtained by dividing the total renunciation of sugar quotas in the Member State, including renunciations in the marketing year to which the withdrawal applies, by the national sugar quotas as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community;

(c)

“coefficient” means the coefficient established by the Commission in accordance with Article 52(2).

2.For the 2008/2009 and 2009/2010 marketing years, the coefficient at Member State level shall be equal to the coefficient increased by [(1/0,6) × the reduction] × (1 – the coefficient).

When the result is above 1, the applicable coefficient is equal to 1.

ANNEX IIU.K.

ANNEX XIaU.K.MARKETING OF THE MEAT OF BOVINE ANIMALS AGED 12 MONTHS OR LESS IN ACCORDANCE WITH ARTICLE 113B

I.Definition

For the purposes of this Annex, “meat” means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged 12 months or less, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.

II.Classification of bovine animals aged 12 months or less at the slaughterhouse

On slaughter, all bovine animals aged 12 months or less shall be classified by the operators, under the supervision of the competent authority referred to in point VII(1) of this Annex, in one of the following two categories:

(A)

Category V: bovine animals aged 8 months or less

Category identification letter: V;

(B)

Category Z: bovine animals aged more than 8 months but not more than 12 months

Category identification letter: Z.

This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(1).

III.Sales descriptions

1.The sale description is the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC.
2.The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:
(A)

For the meat of bovine animals in category V:

Country of marketingSales descriptions to be used
Belgiumveau, viande de veau/kalfsvlees/Kalbfleisch
Bulgariaмесо от малки телета
Czech Republictelecí
Denmarklyst kalvekød
GermanyKalbfleisch
Estoniavasikaliha
Greeceμοσχάρι γάλακτος
Spainternera blanca, carne de ternera blanca
Franceveau, viande de veau
Irelandveal
Italyvitello, carne di vitello
Cyprusμοσχάρι γάλακτος
Latviateļa gaļa
Lithuaniaveršiena
Luxembourgveau, viande de veau/Kalbfleisch
Hungaryborjúhús
Maltavitella
Netherlandskalfsvlees
AustriaKalbfleisch
Polandcielęcina
Portugalvitela
Romaniacarne de vițel
Sloveniateletina
Slovakiateľacie mäso
Finlandvaalea vasikanliha/ljust kalvkött
Swedenljust kalvkött
United Kingdomveal
(B)

For the meat of bovine animals in category Z:

Country of marketingSales descriptions to be used
Belgiumjeune bovin, viande de jeune bovin/jongrundvlees/Jungrindfleisch
Bulgariaтелешко месо
Czech Republichovězí maso z mladého skotu
Denmarkkalvekød
GermanyJungrindfleisch
Estonianoorloomaliha
Greeceνεαρό μοσχάρι
Spainternera, carne de ternera
Francejeune bovin, viande de jeune bovin
Irelandrosé veal
Italyvitellone, carne di vitellone
Cyprusνεαρό μοσχάρι
Latviajaunlopa gaļa
Lithuaniajautiena
Luxembourgjeune bovin, viande de jeune bovin/Jungrindfleisch
Hungarynövendék marha húsa
Maltavitellun
Netherlandsrosé kalfsvlees
AustriaJungrindfleisch
Polandmłoda wołowina
Portugalvitelão
Romaniacarne de tineret bovin
Sloveniameso težjih telet
Slovakiamäso z mladého dobytka
Finlandvasikanliha/kalvkött
Swedenkalvkött
United Kingdombeef
3.The sales descriptions referred to in paragraph 2 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned.
4.The sales descriptions listed for category V in point A of the table set-out in paragraph 2 and any new name derived from those sales descriptions shall only be used if all the requirements of this Annex are met.

In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

IV.Compulsory information on the label

1.Without prejudice to Article 3(1) of Directive 2000/13/EC and Articles 13, 14 and 15 of Regulation (EC) No 1760/2000, at each stage of production and marketing, operators shall label the meat of bovine animals aged 12 months or less with the following information:
(a)

[X1the age of the animals on slaughter, indicated, as the case may be, on the form age on slaughter: up to 8 months in the case of animals aged eight months or less, or age on slaughter: from 8 to 12 months in the case of animals aged more than eight months but not more than 12 months;]

(b)

the sales description in accordance with point III of this Annex.

However, by way of derogation from point (a), operators may, at each stage of production and marketing, except the release to the final consumer, replace the age on slaughter by the category identification letter provided for in point II of this Annex.

2.In the case of the meat of bovine animals aged 12 months or less presented for sale un-prepacked at the point of retail sale to the final consumer, Member States shall lay down rules on how the information referred to in paragraph 1 is to be indicated.

V.Optional information on the label

Operators may supplement the compulsory information referred to in point IV by optional information approved in accordance with the procedure provided for in Articles 16 or 17 of Regulation (EC) No 1760/2000.

VI.Recording

At each stage of production and marketing of the meat of bovine animals aged 12 months or less, operators shall, in order to guarantee the accuracy of labelling information referred to in points IV and V, record in particular the following information:

(a)

an indication of the identification number and the date of birth of the animals, at slaughterhouse level only;

(b)

an indication of a reference number making it possible to establish a link between, on the one hand, the identification of the animals from which the meat originates and, on the other hand, the sales description, the age on slaughter and the category identification letter given on the meat label;

(c)

an indication of the date of arrival and departure of the animals and meat in the establishment, to ensure that a correlation between arrivals and departures is established.

VII.Official checks

1.Before 1 July 2008 Member States shall designate the competent authority or authorities responsible for official checks performed to verify the application of Article 113b and this Annex and inform the Commission thereof.
2.Official checks shall be carried out by the competent authority or authorities in accordance with the general principles laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(2).
3.The Commission shall, jointly with the competent authorities, ensure that Member States are complying with the provisions of Article 113b and this Annex.
4.The Commission's experts shall carry out, where required, jointly with the competent authorities concerned, and where applicable, the Member States’ experts, on the spot checks to ensure that the provisions of Article 113b and this Annex are being implemented.
5.Any Member State on whose territory checks are carried out shall provide the Commission with all necessary assistance which it may require for the accomplishment of its tasks.

VIII.Meat imported from third countries

1.The meat of bovine animals aged 12 months or less imported from third countries shall be marketed in the Community in accordance with the provisions of Article 113b and this Annex.
2.Operators from a third country wishing to place on the Community market meat as referred to in paragraph 1 shall subject their activities to checks by the competent authority designated by that third country or, failing that, an independent third-party body. The independent body shall provide full assurance of compliance with the conditions laid down in European Standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).
3.The designated competent authority or, where applicable, the independent third-party body shall ensure that the requirements of Article 113b and this Annex are met.

IX.Penalties

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 194 of this Regulation, Member States shall lay down the rules on penalties applicable to infringements of the provisions of Article 113b and this Annex and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall notify the provisions on the penalties to the Commission by 1 July 2009 and shall notify it without delay of any subsequent amendment affecting them.

ANNEX IIIU.K.

ANNEX XVIaU.K.EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-MEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125L

1.Rules on production information

(a)

notification of growing intentions, by product and where appropriate by variety;

(b)

notification of sowings and plantings;

(c)

notification of total areas grown, by product and if possible variety;

(d)

notification of anticipated tonnages and probable cropping dates by product and if possible variety;

(e)

periodic notification of quantities cropped and available stocks, by variety;

(f)

information on storage capacities.

2.Production rules

(a)

choice of seed to be used according to intended destination (fresh market/industrial processing);

(b)

thinning in orchards.

3.Marketing rules

(a)

specified dates for commencement of cropping, staggering of marketing;

(b)

minimum quality and size requirements;

(c)

preparation, presentation, packaging and marking at first marketing stage;

(d)

indication of product origin.

4.Rules on the protection of the environment

(a)

use of fertiliser and manure;

(b)

use of plant-health products and other crop protection methods;

(c)

maximum residue content in fruit and vegetables of plant-health products and fertilisers;

(d)

rules on disposal of by-products and used material;

(e)

rules concerning products withdrawn from the market.

5.Rules on promotion and communication in the context of crisis prevention and management as referred to in Article 103c(2)(c).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IVU.K.AMENDMENTS CONCERNING ANNEX XXII TO REGULATION (EC) No 1234/2007

1.In the table set-out under point 4 concerning Regulation (EEC) No 2759/75, the row indicating the correlation between the first paragraph, first indent of Article 3 of that Regulation and the respective provision in the Single CMO Regulation shall be replaced by the following:U.K.

Article 3 first paragraph, first indentArticle 31(1)(e)

2.In the table set-out under point 26 concerning Regulation (EC) No 1255/1999, the rows indicating the correlations between Articles 6 to Article 9 of that Regulation and the respective provisions in the Single CMO Regulation shall be replaced by the following:U.K.

Article 6(1) first subparagraphArticles 15(1) and 22
Article 6(1) second and third subparagraphsArticle 15(2)
Article 6(2) first subparagraph, point (a), first indentArticle 10(1)(e)
Article 6(2) first subparagraph, point (a), second and third indents and point (b)Article 10 in conjunction with Article 43(a)
Article 6(2) second subparagraphArticle 10 in conjunction with Article 43(a)
Article 6(3) first subparagraphArticle 28(a)
Article 6(3) second subparagraphArticle 29
Article 6(3) third subparagraphArticle 43(d)(i)
Article 6(3) fourth subparagraphArticle 43(d)(iii)
Article 6(4) first subparagraph and second subparagraph first sentenceArticle 25 and 43(f)
Article 6(4) second subparagraph second sentenceArticle 43(d)(iii)
Article 6(5)
Article 6(6)Article 6(2)(b) and (c)
Article 7(1) first subparagraphArticles 10(1)(f), 16 first paragraph and 43(a)
Article 7(1) second subparagraphArticle 23 and 43(a)
Article 7(1) third subparagraphArticle 43(l)
Article 7(2)Article 16 second paragraph
Article 7(4)Article 25 and 43(e)
Article 8(1)Article 28(b)
Article 8(2) and (3)Article 30 and 43(d)(i) and (iii)
Article 9(1)Articles 31(1)(d) and 36(1)
Article 9(2)Article 31(2)
Article 9(3)Article 43(d)(iii)
Article 9(4)Article 36(2)

3.In the table set-out under point 30 concerning Regulation (EC) No 2529/2001, the row indicating the correlation between Article 12 of that Regulation and the respective provision in the Single CMO Regulation shall be replaced by the following:U.K.

Article 12Articles 31(1)(f) and 38

4.In the table set-out under point 40 concerning Regulation (EC) No 318/2006, the following point shall be inserted after the row concerning Article 19 of that Regulation:U.K.

Article 19aArticle 52a

5.the following tables shall be added:U.K.

45.Regulation (EC) No 700/2007

Regulation (EC) No 700/2007This Regulation
Article 1(1) and (2)Article 113b(1) first subparagraph
Article 1(3)Article 113b(2)
Article 2Point I of Annex XIa
Article 3Point II of Annex XIa
Article 4Point III of Annex XIa
Article 5Point IV of Annex XIa
Article 6Point V of Annex XIa
Article 7Point VI of Annex XIa
Article 8Point VII of Annex XIa
Article 9Point VIII of Annex XIa
Article 10Point IX of Annex XIa
Article 11(1)Article 121 first paragraph, point (j)
Article 11(2)Article 121 second paragraph
Article 12Article 195
Article 13Article 113b(1) second subparagraph

46.Regulation (EC) No 1182/2007

Regulation (EC) No 1182/2007This Regulation
Article 1 first paragraphArticle 1(1)(i) and (j)
Article 1 second paragraphArticle 1(4)
Article 2(1)Article 113a(1)
Article 2(2)Article 113(1)(b) and (c)
Article 2(3)Article 113(2)(a)(ii)
Article 2(4)(a)Article 121(a)
Article 2(4)(b)Article 113(2)(a)
Article 2(4)(c)Article 113(2)(b)
Article 2(5)Article 113a(2)
Article 2(6)Article 113a(3)
Article 2(7)Article 203a(7)
Article 3(1)(a)Article 122(a) and (b)
Article 3(1)(b)Article 125b(1)(a)
Article 3(1)(c)(i)Article 122(c)(ii)
Article 3(1)(c)(ii)Article 122(c)(i)
Article 3(1)(c)(iii)Article 122(c)(iii)
Article 3(1)(d)Article 125a(1) introductory words
Article 3(1)(e)Article 122
Article 3(2)-(5)Article 125a
Article 4Article 125b
Article 5Article 125c
Article 6Article 125d
Article 7(1) and (2)Article 125e
Article 7(3)-(5)Article 103a
Article 8Article 103b
Article 9Article 103c
Article 10Article 103d
Article 11Article 103e
Article 12Article 103f
Article 13Article 103g
Article 14Article 125f
Article 15Article 125g
Article 16Article 125h
Article 17Article 125i
Article 18Article 125j
Article 19Article 184(4)
Article 20Article 123(3)
Article 21Article 125k
Article 22Article 176a
Article 23Article 125l
Article 24Article 125m
Article 25Article 125n
Article 26Article 128
Article 27Article 129
Article 28Article 130(1)(fa) and (fb)
Article 29Article 131
Article 30Article 132
Article 31Article 133
Article 32Article 134
Article 33Article 135
Article 34Article 140a
Article 35(1)-(3)Article 141
Article 35(4)Article 143
Article 36Article 144
Article 37 first paragraphArticle 145
Article 37 second paragraph, points (a), (b) and (c)Article 148
Article 38Article 159
Article 39Article 160
Article 40Article 161(1)(da) and (db)
Article 41Article 174
Article 42(a)(i)Article 121(a)
Article 42(a)(ii)Article 113a(3)
Article 42(a)(iii)Article 121(a)(i)
Article 42(a)(iv)Article 121(a)(ii)
Article 42(a)(v)Article 121(a)(iii)
Article 42(b)(i)Article 127(e)
Article 42(b)(ii)Article 103h(a)
Article 42(b)(iii)Article 103h(b)
Article 42(b)(iv)Article 103h(c)
Article 42(b)(v)Article 103h(d)
Article 42(b)(vi)Article 103h(e)
Article 42(c)Articles 127 and 179
Article 42(d)-(g)Article 194
Article 42(h)Articles 134, 143(b) and 148
Article 42(i)Article 192
Article 42(j)Article 203a(8)
Article 43 first paragraphArticles 1(4) and 180
Article 43 second paragraph, point (a)Article 182(5)
Article 43 second paragraph, point (b)
Article 43 second paragraph, point (c)Article 182(6)
Article 44Article 192
Article 45Article 190
Articles 46-54
Article 55Article 203a(1)-(6)
(1)

OJ L 204, 11.8.2000, p. 1. Regulation as last amended by Council Regulation (EC) 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2)

OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 180/2008 (OJ L 56, 29.2.2008, p. 4).

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