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CONTENTS¹

PARTICIPANTS 5

ITEMS DEBATED

WINE 7

SPIRIT DRINKS 16

MILK SECTOR 17

PLANT PROTECTION PRODUCTS 18

Placing of plant protection products on the market – "Pesticides Regulation" 18

Sustainable use of pesticides – "Pesticides Framework Directive" 19

FOOD IMPROVEMENT AGENTS 21

IDENTIFICATION OF OVINE AND CAPRINE ANIMALS 24

TACS AND QUOTAS 2008 26

OTHER BUSINESS 50

OTHER ITEMS APPROVED

AGRICULTURE

• Rice originating in Bangladesh 54
• Promotion of agricultural products 54
• Export of agricultural products receiving refunds 54
• New Animal Health Strategy for the EU (2007-2013) – Council conclusions 55
• Stockfarming – Prohibition of the use of certain substances 59

FISHERIES

• Amendments to TACs and quotas for 2007 and for deep-sea stocks for 2007-2008 * 59
• Implementing sustainability in EU fisheries through maximum sustainable yield – Council conclusions 61
• Bluefin tuna – Recovery plan 62

CUSTOMS UNION

• Tariff quotas for certain agricultural and industrial products 64
• Tariff quotas for agricultural, fishery and industrial products 64

INSTITUTIONAL AFFAIRS

• European Parliament political parties – Rules on financing 64

HEALTH

• Nutrition and health claims made on foods – Consumer protection 65
• Addition of vitamins and minerals to foods – Consumer protection 65

ENVIRONMENT

• Pollution prevention and control 65

ENERGY

• Energy Star programme 66
• Electricity market – application of certain provisions to Estonia 66

WRITTEN PROCEDURE

• Cape Verde – Accession to the WTO 67

PARTICIPANTS

The governments of the Member States and the European Commission were represented as follows:

Belgium:

Ms Sabine LARUELLE Minister for Small and Medium-Sized Businesses and Agriculture

Mr Kris PEETERS Flemish Minister for Public Works, Energy, the Environment and Nature

Bulgaria:

Mr Nikhat Takhir KABIL Minister for Agriculture and Food

Czech Republic:

M. Petr GANDALOVIČ Minister for Agriculture

Denmark:

Ms Eva Kjer HANSEN Minister for Agriculture, Fisheries and Food

Germany:

Mr Horst SEEHOFER Federal Minister for Food, Agriculture and Consumer Protection

Estonia:

Mr Helir-Valdor SEEDER Minister for Agriculture

Ireland:

Ms Mary COUGHLAN Minister for Agriculture, Fisheries and Food

Greece:

Mr Alexandros KONTOS Minister for Rural Development and Food

Spain:

Ms Elena ESPINOSA MANGANA Minister for Agriculture, Fisheries and Food

Ms Mercè AMER RIERA Minister for Agriculture and Fisheries of the Autonomous Community of Balearic Islands

France:

Mr Michel BARNIER Minister for Agriculture and Fisheries

Italy:

Mr Paolo DE CASTRO Minister for Agriculture, Food and Forestry

Cyprus:

Mr Fotis FOTIOU Minister for Agriculture, Natural Resources and Environment

Latvia:

Mr Mārtiņš ROZE Minister for Agriculture

Ms Dace LUCAUA State Secretary, Ministry of Agriculture

Lithuania:

Ms Kazimira Danutė PRUNSKIENĖ Minister for Agriculture

Luxembourg:

Mr Fernand BODEN Minister for Agriculture, Viticulture and Rural Development, Minister for Small and Medium-sized Businesses, the Liberal Professions and the Self-Employed, Tourism and Housing

Ms Octavie MODERT State Secretary for Relations with Parliament, State Secretary for Agriculture, Viticulture and Rural Development, State Secretary for Culture, Higher Education and Research

Hungary:

Mr József GRÁF Minister for Agriculture and Rural Development

Malta:

Mr George PULLICINO Minister for Rural Affairs and the Environment

Netherlands:

Ms Gerda VERBURG Minister for Agriculture, Nature and Food Quality

Austria:

Mr Josef PRÖLL Federal Minister for Agriculture, Forestry, the Environment and Water Management

Poland:

Mr Marek SAWICKI Minister for Agriculture and Rural Development

Portugal:

Mr Jaime SILVA Minister for Agriculture, Rural Development and Fisheries

Mr Luís VIEIRA State Secretary for Agriculture and Fisheries, attached to the Minister for Agriculture, Rural Development and Fisheries

Romania:

Mr Dacian CIOLOŞ Minister for Agriculture and Rural Development

Slovenia:

Mr Iztok JARC Minister for Agriculture, Forestry and Food

Slovakia:

Ms Zdenka KRAMLOVÁ Minister for Agriculture

Finland:

Ms Sirkka-Liisa ANTTILA Minister for Agriculture and Forestry

Sweden:

Mr Eskil ERLANDSSON Minister for Agriculture

Mr Rolf ERIKSSON State Secretary, Minister for Agriculture

United Kingdom:

Mr Jonathan SHAW Parliamentary Under-Secretary of State, responsible for Marine and Fisheries, Rural Affairs, Landscape and Local Environment Quality, and Minister for the South East

Mr Richard LOCHHEAD Scottish Cabinet Secretary for Rural Affairs and Environment

Ms Michelle GILDERNEW Northern Ireland Minister for Agriculture and Rural Development

Commission:

Mr Günter VERHEUGEN Vice-President

Mr Joe BORG Member

Mr Markos KYPRIANOU Member

Ms Mariann FISCHER BOEL Member

ITEMS DEBATED

WINE

After intense negotiations the Council reached a political agreement by a qualified majority on a compromise put forward by the Presidency for reforming the wine sector.

The Commission representative approved the amendments made to the original Commission proposal submitted on 16 July.

After this agreement has been incorporated into the legislative text and the text has been finalised by the Legal/Linguistic Experts, it will be submitted to a forthcoming meeting of the Council for adoption.

The reform is intended to come into force on 1 August 2008 (with the following exceptions: 30 June 2008 for the grubbing-up scheme; 1 August 2009 for arrangements relating to oenological practices, protection of designations of origin, geographical indications and traditional terms, labelling and presentation, etc.).

Key elements of the reform were thus improved, in some cases by adopting the substance of the solutions suggested by the European Parliament in its advisory opinion of 12 December.

These points are as follows:

Grubbing-up

The proposed scheme for grubbing-up premiums concerns all producers, who will decide on a voluntary basis whether or not to participate. However, the scheme is not open to producers in Member States that produce less than 50 000 hectolitres of wine per annum. Producers in the small Greek islands of the Aegean and Ionian Seas are also excluded.

The Community budgetary envelope available to Member States for grubbing-up premiums covers a maximum area of 175 000 ha over three years. This corresponds to the following ceilings:

• 2008/2009: EUR 464 million, i.e. the current premium raised by 20 %;
• 2009/2010: EUR 334 million, i.e. the current premium raised by 10 %;
• 2010/2011: EUR 276 million; i.e. the level of the current premium.

Member States may grant additional national aid not exceeding 75 % of the grubbing-up premium, in addition to the grubbing-up premium already allocated.

Each Member State is still free to:

• exclude from the grubbing-up scheme mountain areas or areas in serious decline as well as those where there is an environmental risk (under specific conditions);
• terminate the application of the grubbing-up scheme where the combined area grubbed up reaches 8 % of its area under vine (10 % at the level of a region);
• exclude a maximum of 3 % of the wine-growing area from the grubbing-up scheme where application of the scheme would be incompatible with environmental concerns.

The Commission may also place an upper limit on grubbing-up at 15 % in a given Member State to avoid a concentration of resources allocated to grubbing-up in that Member State.

Single payment for those who have grubbed up vines

After grubbing-up, agricultural areas formerly under vine can claim the status of areas eligible under the single payment scheme and give rise to the payment of the regional average amount of direct decoupled aid, which may not exceed EUR 350/ha.

Planting rights

Planting rights will be abolished in 2015 with some Member States being able to keep them at the national level until 2018.

Evaluation report

In 2012 the Commission will submit a report on the effects of the reform on the Community wine sector.

National envelopes

Menu of national envelopes

Each Member State has a national envelope, part of which may be allocated on a voluntary basis to operations to promote^[1] the European model of wine production in third countries.

The remainder of the envelope is used by the Member State to finance at least one of the following measures ("menu" of the envelope), subject to the obligations arising from Regulation (EC) No 1782/2003 concerning cross-compliance:

• restructuring and conversion of vineyards;
• modernisation of the chain of production, including innovation and marketing^[2];
• green harvesting;
• mutual funds;
• harvest insurance.

In addition (non-exhaustive list):

• Member States will be able to introduce a single payment scheme (SPS) for certain producers on the basis of objective and non-discriminatory criteria.
• During a transitional period of four years, Member States that so wish may finance crisis distillation, subject to certain conditions, up to a maximum amount of 20 % of their national envelope in the first year, 15 % in the second, 10 % in the third and 5 % in the final year. As from the fifth year Member States will be able to finance crisis distillation with an upper limit equivalent to 15 % of their national envelope from their national budget if the Commission agrees.
• Member States may also finance the distillation of wine by-products from their national envelope but under certain conditions.
• Must aid remains operational in its present form for a transitional period of four years. Beyond that period the corresponding amount may be transferred to the single payment scheme of the Member States concerned.

Amount of the national envelopes
EUR million^[3]:

Indication of grape variety and vintage

The indication of grape variety and vintage for all wines without a designation of origin or a geographical indication will be possible provided that the truthfulness of the information on the label is monitored. Member States will be able to limit the list of grape varieties that may be indicated under certain conditions (grape variety rarely found in their territory or grape variety name that may be confused with a protected designation).

Labelling of wines of the same grape variety originating in more than one Member State will not be allowed unless the Member States concerned are in agreement.

Designation of origin or geographical indications

Applications for a designation of origin or geographical indication will be examined in accordance with a procedure based on the procedure for food products laid down in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

Certain indications used traditionally in the Community will also receive protection within the Community.

Œnological practices:

Sugar enrichment (Chaptalisation) is still possible in accordance with the following criteria:

When faced with exceptional climatic conditions, Member States will be able to apply to increase this limit by 0,5 % in the three zones on the basis of a validation by the Commission, which will have to respond within four weeks from the submission of the application.

Indication of grape variety and vintage

The indication of grape variety and vintage for all wines without a designation of origin or a geographical indication will be possible provided that the truthfulness of the information on the label is monitored. Member States will be able to limit the list of grape varieties that may be indicated under certain conditions (grape variety rarely found in their territory or grape variety name that may be confused with a protected designation).

Such indications are not authorised in the case of mixed wines.

Designation of origin or geographical indications

Applications for a designation of origin or geographical indication will be examined in accordance with the same procedure as for food products other than wines and spirit drinks, as laid down in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

Certain indications used traditionally in the Community will receive protection within the Community.

Œnological practices:

Sugar enrichment (Chaptalisation) is still possible in accordance with the following criteria:

When faced with exceptional climatic conditions, Member States will be able to apply to increase this limit by 0,5 % in the three zones on the basis of a validation by the Commission, which will have to respond within four weeks from the submission of the application.

SPIRIT DRINKS

The Council adopted, by a qualified majority^[7] on the basis of Article 251 of the Treaty, a Regulation of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (3631/07).

The Polish and Swedish delegations made statements, which are set out, together with a joint Council/Commission statement, in document (15505/07 ADD 1).

The aims of the Regulation are:

• to clarify the current rules on the production and marketing of spirit drinks, adapting them to new technical requirements (manufacturing requirements, permitted colourings and flavourings, names and labelling);
• specify the numerous categories and geographical indications for the manufacture and/or denomination of typical drinks from many countries, such as aquavit, brandy, fruit spirit (kirsch), genever, grappa, gin, jägertee, kümmel, ouzo, pastis, rum, vodka, whisky and slivovitz;
• adapt Community legislation to take account of the latest enlargements and the requirements of the World Trade Organisation (WTO), including Trade-Related Aspects of Intellectual Property Rights (TRIPS);
• define the criteria for the future recognition of new geographical indications.

The European Parliament's opinion was delivered on 19 June 2007.

MILK SECTOR

The Commission presented to the Council a proposal which it was due to adopt on 12 December with a view to increasing by 2 % the milk quotas for the next milk production year, starting on 1 April 2008. The Council noted the provisional views expressed by Ministers on 26 September when this initiative was mentioned by Mariann Fischer Boel, Member of the Commission (16476/07).

The proposal is accompanied by an assessment report on the milk market situation giving the reasons for the proposal (16466/07).

PLANT PROTECTION PRODUCTS

Placing of plant protection products on the market – "Pesticides Regulation"

The Council took note of the state of play on the draft Regulation concerning the placing of plant protection products on the market (11755/06).

The Council also took note of comments by some delegations during the discussion, which, being open to the public, was available on relay.

The Parliament delivered its opinion at first reading on 23 October.

On 26 July 2001 the Commission sent the Council and Parliament a report on the implementation of Directive 91/414/EEC, highlighting certain improvements to be made to the current legislative framework.

On that occasion, the Council called on the Commission, while strengthening the high level of protection for human health and the environment, to consider improving the functioning of the internal market and defining rules to make it possible, in particular, to propose criteria for approval of active substances, further strengthen the rules on substances with a very hazardous profile, introduce a simplified procedure for low risk substances and products, protect non-professional users and avoid repetition of animal testing.

Sustainable use of pesticides – "Pesticides Framework Directive"

The Council reached political agreement on a common position following its first reading^[8] of a draft Directive establishing a framework for Community action to achieve a sustainable use of pesticides (11896/06).

The Commission made a statement which will be added to the Council minutes concerning the problems encountered by Bulgaria and Romania attributable to their special geological features and to certain climate conditions, which make it practically impossible to carry out spraying other than by aerial means.

Parliament delivered its opinion at first reading on 23 October.

This Directive aims at promoting the rational use of pesticides and recourse to non-chemical plant-protection methods.

It also provides for measures intended to keep users and the general public better informed and measures enabling the impact of pesticides on public health and the environment to be reduced, such as:

• a ban on aerial spraying, except in special cases;
• national action plans with the necessary flexibility for adapting measures to the specific situation of the various Member States;
• regular inspection of application equipment and measures governing the handling and storage of pesticides, their packaging and remnants;
• protection of the aquatic environment and of areas with "sensitive" groups in line with the Water Framework Directive, the Birds Directive or the Habitats Directive, for example;
• measuring progress in risk reduction through harmonised indicators;
• establishment of a system of information exchange for continuous development and improvement of appropriate guidance, best practices, and recommendations.

FOOD IMPROVEMENT AGENTS

The Council reached an overall political agreement on a legislative package on food improvement agents^[9].

After finalisation of the text, a common position will be adopted at a forthcoming Council meeting and forwarded to the European Parliament for a second reading, in accordance with the codecision procedure.

The Parliament delivered its first-reading opinion on 10 July on all the Regulations and the Commission forwarded the corresponding amended legislative proposals on 24 October, mentioning the amendments that it could accept.

The package on food improvement agents aims at harmonising across the board, in accordance with the "farm to table" concept, the evaluation procedure for authorising food improvement agents and certain requirements concerning their labelling, in order to guarantee a high level of protection of human life and health and the interests of consumers, while ensuring the proper operation of the internal market.

The respective aims of the four Regulations are:

• Common authorisation procedure for food improvement agents (16174/1/07 REV 1)

This Regulation establishes a uniform, centralised, efficient and transparent authorisation procedure based on a risk assessment carried out by the European Food Safety Authority (EFSA) and a risk management

The Commission, on the basis of scientific assessments by the EFSA, establishes and updates a generic list for each category of substances concerned. Entering a substance in one of these lists implies that its use is permitted for all Community operators.

The three other proposals make placing of these substances on the Community market subject to compliance with harmonised criteria and the granting of a specific authorisation.

• Food additives (16173/07)

The Regulation proposes that the common list of food additives be established by the committee procedure instead of the codecision procedure, as provided for in the existing Directive 89/107/EEC.

The legislative and technical review covers a dozen types of additives, including antioxidants, preservatives, colours and sweeteners.

Furthermore, this text imposes the obligation for a request for authorisation concerning additives consisting of genetically modified organisms, in accordance with Regulation (EC) No 1829/2003.

• Food enzymes (16175/07)

The draft Regulation introduces for the first time a harmonised Community procedure for the authorisation of food enzymes. Previously, the use of enzymes in food was regulated at national level by each Member State.

Authorisation will be subject to a scientific assessment carried out by the EFSA, in particular into the toxicity or potentially allergenic nature of an enzyme.

At present, only two enzymes have been authorised under Directive 89/107/EEC: invertase (E 1103) and lysozyme (E 1105), because they are considered as additives. The other food enzymes were considered to be processing aids.

• Food flavourings (16176/07)

The new proposal stipulates the fields of application of the legislation governing flavourings and supplements Regulation (EC) No 2232/96 with the following measures:

• allowing private operators to submit requests for authorisation;

– updating the list;

– the provisions concerning new substances and the periods of time required for obtaining an authorisation;

– better provision of information to consumers on the use of natural flavourings;

• adaptation to the requirements of Regulation (EC) No 882/2004 on official controls performed to ensure compliance with feed and food law.

IDENTIFICATION OF OVINE AND CAPRINE ANIMALS

The Council adopted by a qualified majority, with the Spanish and Italian delegations voting against, a Regulation postponing the date of introduction of mandatory electronic identification for small ruminants (16290/07) to 1 January 2010.

Under Article 9(3) of Regulation (EC) No 21/2004, electronic identification for sheep and goats should have come into force on 1 January 2008.

The European Parliament, which accepted the urgent procedure, delivered its advisory opinion on 13 December.

The Italian and Spanish delegations made the following statement:

"The Italian and Spanish delegations wish to express their dissatisfaction with the content of the proposal for amendment of Regulation No 21/2004 as regards the date of introduction of electronic identification for ovine and caprine animals and with the reasoning behind the technical discussions in that connection.

The Regulation, which set the date of 1 January 2008 for the introduction of compulsory electronic identification of sheep and goats, provided for a four-year transition period during which Member States were to have adopted all the measures necessary to meet that obligation.

In order to prepare for that date as well as possible, Italy and Spain committed considerable financial and human resources to the project. For all those efforts, the effectiveness of their national measures has been reduced by failure to achieve the same result at Community level.

Even taking into account the difficulties reported by some Member States in adopting electronic identification by the deadlines laid down in the Regulation, the reasons given for the technical and economic problems standing in the way of the introduction of electronic identification by 2008 appear hard to accept and in particular cannot be addressed by allowing the timetable to slip as proposed.

Postponement of the introduction of electronic identification until 31 December 2009 also means putting off until that date the fulfilment of other obligations under the Regulation, thus making it in practice difficult to apply (and of little use), with the inevitable consequences for the registration of sheep and goats overall.

For these reasons, Italy and Spain are voting against the adoption of the proposal for amendment of Regulation No 21/2004."

The United Kingdom delegation, supported by the German, Irish and Slovak delegations, made the following statement:

"The UK supports a deferment of the introduction of compulsory Electronic Identification for sheep and goats. However, given the period of time that has elapsed since the agreement of the original Regulation, the UK calls on the Commission to revise its impact assessment, taking into account the cost to industry and enforcement bodies, and the impact of Regulation (EC) 21/2004 on the competitiveness of the EU sheep & goat industry, in order to confirm, before the entry into force of EID, whether the objectives of the Regulation are being met in the most cost-effective way."

TACS AND QUOTAS 2008

The Council reached, by unanimity, a political agreement on a Regulation fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where catch limitations are required.

The discussions leading to the agreement on the adoption of a TACs and quotas regulation to be applicable as from 1 January 2008, took place on the basis of a presidency compromise proposal endorsed by the Commission.

The debate concentrated on the following elements contained in the agreement:

• 9  % cut in the fishing opportunities for cod in the West Atlantic and 18 % cut in the Irish Sea and West Scotland compared to allocation of TACs in 2007. Other accompanying measures are included to substantially reduce discards and fishing effort.
• 41 % cut in by-catches of herring and 37 % cut in catches of blue whiting in the North Sea.
• 15 % cut in the TAC for North Sea sole and 8 % cut for sole in the Bay of Biscay.
• Southern hake and Norway lobster in Iberian waters will be reduced by 5 % together with a reduction of the fishing effort of 10 %.
• The fishery for anchovy in the Bay of Biscay will remain closed pending a re-examination of stocks in Spring 2008.

Thanks to the success of recovery plans for Southern hake, the TAC for this stock will be increased by 15 %. The cod in the North Sea will see an increase of 11 % accompanied by a reduction of 10 % of days-at-sea.

The agreement also stipulates that Member States conducting fishing operations for the purpose of scientific investigations will inform the Commission, the Member States in whose waters the research is carried out, the ICES and the STECF of all those catches.

The Commission presented its proposal on 28 November 2007, based on the latest scientific advice regarding the state of stocks, as submitted by the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF), and on contributions from stakeholders. The proposal also applies the approach set out in the policy statement the Commission published last June (10822/07). For stocks under-consumed by the Member States (under 85 %) a roll-over was agreed.

TACs for certain species are determined by commitments with international fisheries organisations, as the ICCAT for tunas, or by bilateral agreements with third countries, such as Norway. The TACs and quotas concerning deep-sea species follow the two-yearly framework established in 2006.

The formal adoption of the regulation will take place by written procedure in order to allow the publication in early January.

Indicative figures on TACs agreed for 2008 compared to 2007 TACs are provided here below^[10]. The comprehensive and final figures will be published in the Official Journal of the EU.

Compared TACs in 2007 and 2008, Council political agreement of 19 December 2007

OTHER BUSINESS

(a) Maximum Residue Limits (MRL)

The Council took note of a Presidency briefing on progress in the discussion on a draft Regulation laying down Community procedures for the establishment of MRL of pharmacologically active substances in foodstuffs of animal origin (8653/07).

(b) Avian influenza

Mr Kyprianou, Member of the Commission, provided the Council with written information (16608/07) on two outbreaks of avian influenza in Germany and the Community measures introduced in Poland to control the epidemic.

Mr Kyprianou asked all Member States to continue applying the current Community measures and to work together to ensure maximum protection of both wild birds and domestic fowl.

(c) Community Shark Action Plan

The Council took note of the concerns expressed by the German delegation with regard to certain shark species threatened with extinction, such as porbeagle (Lamna nasus) and spurdog (Squalus acanthias) (16425/07).

The German delegation asked for an urgent adoption of a Community action plan for sharks, including conservation measures and TACs and quotas.

This request echoes the launching of an International Plan of Action (IPOA – Sharks) by FAO in 1999. A report on that issue will be presented at the 28th Session of the FAO Committee on Fisheries in March 2009.

The Commission representative informed delegations that an action plan will be submitted by 2008.

(d) Termination of the Protocol with Mauritania

The Council took note of the information provided by the Commission on a proposal intending to replace the existing Protocol setting out the fishing opportunities and financial contribution under the Fisheries Partnership Agreement between EC and Mauritania (16570/07).

According to the Commission, the negotiation of a new protocol would improve the balance between the European fisheries potential and the developing strategy of the Mauritanian fisheries sector.

(e) Eligibility criteria for the bovine slaughter premium

The Council took note of the concern expressed by the Swedish delegation, with the support of the Belgian, French, Netherlands, Austrian and Finnish delegations, on a court ruling^[11] interpreting a delay in the notification of the birth of a bovine animal as rendering that animal ineligible for the slaughter premium (16535/07).

The Commission representative was unable to give an independent legal reply on the matter, and said that in any event they should wait until the payments had been cleared.

(f) Community Action Plan on Forest Law Enforcement, Governance and Trade (FLEGT)

The Council noted the Netherlands' request for a report to be drawn up without delay on the possible legal options for implementing the FLEGT Action Plan (16601/07).

In its November 2003 conclusions on FLEGT, the Council called on the Commission to examine the possibility of supplementing existing legislation in order to control imports of illegally-obtained timber.

The Commission representative said that this was a complex issue requiring detailed discussion and an integrated approach.

(g) Industrial use of biomass

The Council took note of the request of the French delegation, supported by the German, Belgian, Luxembourg, Austrian, Polish, Romanian and Finnish delegations, for a European action plan to promote the material recovery and industrial exploitation of the EU's renewable resources (16620/07).

A coherent strategy for the use of non-food agricultural products in sectors such as chemicals, construction or packaging could then be developed, as was already being done in Asia and the United States.

A memorandum containing proposals was signed and presented jointly by Belgium, Germany, France, Luxembourg, Austria and Finland, focusing on:

• research and development;
• improving sustainable production;
• consumer promotion and information campaigns, e.g. through eco-labels;
• the development of a fiscal framework such as that for biofuels.

While welcoming the initiative and mentioning the development of Sweden's "green chemistry", the Swedish delegation drew the Council's attention to the need to ensure balance between supply and demand of these agricultural products.

(h) Health aspects of bluetongue disease

The Council noted the request of the French delegation, supported by the Belgian, Netherlands and Slovak delegations, regarding the availability of a vaccine and the financial resources that could be put towards a mass bluetongue vaccination programme.

The Commission representative said that recent contacts with the industries and Member States concerned gave hope for progress in this matter and called on the Member States to put in train immediately the administrative procedures (calls for tender, etc.) for assessing and quantifying their requirements, so that industry could plan the manufacture of sufficient numbers of doses of vaccine.

He said that a vaccination campaign in 2008 would be eligible for financing from the Veterinary Fund as emergency measures – the details of this would be spelt out later – and told the ministers that a conference on this subject was scheduled to be held on 16 January 2008.

OTHER ITEMS APPROVED

AGRICULTURE

Rice originating in Bangladesh

The Council adopted a Regulation amending Regulation (EEC) No 3491/90 clarifying what factors should be used for calculating the duty applicable to imports of rice originating in Bangladesh (14891/1/07 REV 1).

Promotion of agricultural products

The Council adopted a Regulation laying down a legal framework for the promotion of agricultural products in the Community and in third countries.

The European Parliament delivered its advisory opinion on 13 December 2007.

In view of the experience gained, the outlook for market developments both within the Community and outside, and the new international trading environment, the Regulation will make it possible to develop a consistent policy on information provision concerning, and the promotion of, agricultural products and food products derived therefrom and on their mode of production, without emphasising the specific origin of a product.

Export of agricultural products receiving refunds

The Council adopted a Regulation aimed at simplifying the control of export refunds, taking into account the need for a better allocation of control over the Community territory (13495/07).

The opinion of the European Parliament was delivered on 11 December 2007.

New Animal Health Strategy for the EU (2007-2013) – Council conclusions

The Council adopted the following conclusions:

"THE COUNCIL OF THE EUROPEAN UNION,

1. WELCOMES the Commission communication and the proposed strategic approach to the development of future EU animal health policy which takes into account other policy areas. The Council highlights the quality of the work carried out and, considering its financial impact, the appropriate timing given the ongoing "Health Check" of the Common Agricultural Policy;

2. WELCOMES a future establishment of a single, clear Community general legal framework as a result of progressive harmonisation of animal health measures and disease surveillance, diagnosis and control, including:

• public health, animal welfare and identification of animals irrespective of their purpose,
• measures to be taken in the case of diseases threatening or involving wild animals,
• efficient organisational arrangements and clear procedures in accordance with the existing decision-making process,
• changes to the current EU funding system, if appropriate, and the definition of criteria for prioritising action and the need to further develop better incentives;

and emphasises the importance of consistency with the OIE standards without undermining the establishment of higher Community standards in line with the WTO SPS agreement;

3. HIGHLIGHTS the importance of continuous efforts to improve the health status of animals, acknowledging in particular the different EU animal production systems, regional differences, climatic and geographical restrictions and epidemiological status of the animals, in order to achieve a high level of animal health throughout the Community;

4. AGREES on the need for further evaluation of the rules for co-funding (including the scope for efficient cost and responsibility- sharing schemes) taking into account the use of solidarity principles, and the need to consider existing systems in the Member States and the use of public funds, including state aid rules, EU funding (Veterinary Fund and Rural Development Fund at regional level), the establishment of funding priorities and compatibility with WTO rules;

5. ENCOURAGES consideration to be given, under a preventive policy, to the promotion and improvement of better bio-security measures and the use of vaccination, when appropriate, to defend and improve animal health in the Community;

6. REITERATES that veterinary policy is both a cross-sector and cross-border responsibility considering:

• the importance of technical cooperation between the different services involved and of strengthening an EU bio-security policy on animal production – at farm, animal transport and border control level;
• the availability of the appropriate tools for animal health surveillance and
  control – in cooperation with EU neighbouring countries and international organisations – including training, the identification and tracing of movements of animals and products thereof in global trade;

7. WELCOMES the involvement of the Chief Veterinary Officers:

• in providing strategic advice on animal health policy, in close cooperation with the Commission, including the establishment of a working methodology to assist in the definition of an action plan,
• in the "Advisory Committee" at the earliest stage, without undermining the responsibilities of the risk managers and policymakers;

8. WELCOMES the enhanced role of stakeholders, working in partnership in the "Advisory Committee", in contributing to the definition of priorities and to the decision-making process and in the sharing of costs and responsibility in the implementation of the new policy;

9. CONSIDERS that the role of communication is crucial and that further improvement is needed;

10. RECOGNISES that progress on a sustainable animal and public health policy can only be achieved and maintained if the veterinary services, as a public good of general interest, are consistent with OIE standards in all Member States. Therefore, resources should be made available for the achievement of this objective in order to protect public health and the global economy. The latest developments, notably bluetongue, avian influenza, foot-and-mouth disease and classical swine fever, in 2007 have clearly shown that the actions of the veterinary services represent a priority for society;

11. RECALLS the Council conclusions on procedural principles for arrangements with third countries in the veterinary and plant health fields^[12], concerning the Community competence on EU export of food of animal origin and animal products to third countries;

12. RECOGNISES the need to further evaluate the priorities and criteria for the funding of science and innovation, consistent with the Community Animal Health Strategy and to consider making available a flexible mechanism for funding EU research in emergency situations,

INVITES THE COMMISSION:

• to present an action plan, as envisaged in the animal health strategy,
• to propose a legal framework for the Animal Health Law, establishing the general principles, defining the roles and responsibilities and stressing the prevention and control of disease, consistent with other relevant Community policies;
• both reflecting clear strategic objectives and including performance indicators;
• to propose the definition of priorities for a more effective use of resources and to envisage the prioritisation of EU action based on a transparent and scientific assessment of risks to health, including categorisation of animal diseases. Furthermore, the possibilities for effective implementation by the Member States should be assessed and taken into account;
• to establish and clarify the role of the "Advisory Committee" in order to identify and improve its consultative role involving the different stakeholders at a very early stage and allowing for the sharing of responsibilities and costs;
• to further evaluate the EU funding schemes' sources, rules and priority criteria, including in emergency situations. Sufficient resources should be devoted according to the objectives of the policy;
• to further evaluate the priorities and criteria for the funding of science, research and innovation and to consider making available a flexible mechanism for funding EU research in emergency situations."

Stockfarming – Prohibition of the use of certain substances

The Council reached a general approach on a proposal for a Directive amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta agonists.

The text agreed will serve as a basis for informal trilogue discussions with the European Parliament in view of a first reading agreement.

The proposal is aimed at taking pet animals out of the scope of the legislation and prohibiting the use of oestradiol 17ß in food producing animals entirely. In addition, the definition of therapeutic treatment was adjusted in particular with regard to the use of beta-agonists.

FISHERIES

Amendments to TACs and quotas for 2007 and for deep-sea stocks for 2007-2008 *

The Council adopted a regulation amending regulation 2015/2006 on TACs and quotas for certain deep-sea fish stock for 2007 and 2008 and amending regulation 41/2007 on TACs and quotas for 2007 for EU vessels (15585/07 and 15584/07 ADD1).

Regulation 2015/2006 on fishing opportunities for certain deep-sea stocks is amended in order to:

• implement the NEAFC (North East Atlantic Fisheries Commission) recommendation on a prohibition to fish for orange roughy in the NEAFC area in the second half of 2007; and
• ensure the correct application of the 1996 agreement between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat.

Regulation 41/2007 on TACs and quotas for 2007 is amended in order to:

• implement an arrangement for Icelandic vessels fishing from the Community quota and for EU vessels fishing for redfish in the Icelandic waters;
• ensure the correct application of the 1996 agreement between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat;
• clarify the scientific status of certain stocks in relation to the current rules on additional conditions for year-to-year management of TACs and quotas;
• implement the request by the Netherlands for increasing the TAC for turbot and brill in the North Sea and the Norwegian Sea;
• implement the agreement with the Faroe Islands on herring of ICES zones I and II;
• take account of an additional amount of Greenland halibut allocated to the Community in east Greenland;
• implement the NEAFC recommendations on conservation and management measures for redfish in ICES zones I and II;
• clarify the conditions for replaced or withdrawn vessels in relation to the allocation of additional days for permanent cessation of fishing activities;
• clarify the derogation from hailing requirements for vessels equipped with vessel monitoring systems in relation to fishing effort messages; and
• change the indication of the length of passive gears from 2,5 kilometres to 5 nautical miles to ensure that safety in handling the nets is not impaired.

Implementing sustainability in EU fisheries through maximum sustainable yield – Council conclusions

The Council adopted the following conclusions:

"The Council:

1. RECALLING the commitment made at the World Summit on Sustainable Development in Johannesburg in 2002 to maintain or restore stocks to levels that can produce the maximum sustainable yield with the aim of achieving these goals for depleted stocks on an urgent basis and where possible not later than 2015,

2. RECALLING the reform of the Common Fisheries Policy in December 2002 which focuses on sustainable exploitation of the fishing resources based on the precautionary approach and a progressive implementation of an ecosystem approach to fisheries management,

3. RECALLING the opinions of the European Parliament and the Economic and Social Committee on the Commission Communication,

4. TAKES POSITIVE NOTE of the Commission Communication as an attempt to establish the way in which this objective can be achieved,

5. CONSIDERS that the MSY concept requires, on the basis of a rigorous analysis of problems and shortcomings in the Community's conservation and management policy, the development of management strategies that will maximise long-term yields while ensuring that there is little risk that the reproductive capacity of fish stocks will be impaired,

6. SUPPORTS the concept of a precautionary approach based on avoiding the collapse of stocks being complemented by moving towards an approach that will increase yields and profitability while providing stability for stocks and reducing costs, discards and the pressure on the marine ecosystem. One way to achieve this is through a gradual reduction in fishing mortality until a sustainable level in line with MSY is reached,

7. HIGHLIGHTS the importance of high quality reliable scientific advice and the need for all relevant data on stocks and groups of stocks to propose MSY targets,

8. CONFIRMS the commitment to consulting stakeholders, including the Regional Advisory Councils, and welcomes their active involvement in preparing and implementing long-term management plans that will provide stability for the industry and a framework for long-term investment and business planning,

9. STRESSES the importance of considering social and economic impacts and CONSIDERS that management plans to implement the MSY objective should be accompanied by an environmental, social and economic impact assessment, as well as accompanying measures, as necessary, as part of the transition towards this objective,

10. IS SENSITIVE to the particular difficulties posed by mixed fisheries, but BELIEVES that an iterative and adaptive approach based around groups of associated stocks can provide a way forward,

11. IS ALSO SENSITIVE to specific areas which might require specific management approaches when implementing a MSY approach,

12. ENCOURAGES the Commission to work actively within the Community, and with third countries and partners in multilateral fisheries organisations and other organisations including ICES and other scientific organisations in progressing towards MSY."

Bluefin tuna – Recovery plan

The Council adopted a Regulation establishing a multi-annual plan for the recovery of stocks of bluefin tuna (Thunnus thynnus) for a period of 15 years (15688/07). The plan transposes the international obligations of the Community, which is a contracting party to the International Commission for the Conservation of Atlantic Tunas (ICCAT), into European legislation.

The main measures introduced by the plan are as follows:

• the establishment of controls based on an annual fishing plan to be submitted by each Member State concerned, identifying, inter alia, vessels over 24 m fishing bluefin tuna and specifying their individual quotas. Member States whose national quota does not exceed 5 % of the Community TAC may, alternatively, submit a specific method for achieving the same controls (Article 4);
• technical measures (seasonal restrictions on fishing by large-scale pelagic longline vessels over 24 m, purse seine fishing and fishing by bait boats and pelagic trawlers);
• a ban on the use of aircraft or helicopters for searching for bluefin tuna;
• the minimum size or weight is 30 kg or 115 cm (with derogations possible up to 8 kg or 75 cm for bluefin tuna caught in the Atlantic Ocean by bait boats, trolling boats and pelagic trawlers, under certain conditions, and for bluefin tuna caught in the Adriatic Sea for farming purposes);
• recreational fishing is limited to a catch of one individual of bluefin tuna in each sea trip;
• the marketing of bluefin tuna caught in recreational or sport fishing is prohibited except for charitable purposes;
• the designation of ports for the landing of bluefin tuna;
• a ban on transshipment, except for large-scale tuna longline fishing vessels;
• registration of and the issuing of fishing permits or licences to fishing vessels, depending on their national flag, and for tuna traps.

CUSTOMS UNION

Tariff quotas for certain agricultural and industrial products

The Council adopted a regulation amending regulation No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products (15418/07).

Tariff quotas for agricultural, fishery and industrial products

The Council adopted a regulation amending regulation 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products (15419/07).

INSTITUTIONAL AFFAIRS

European Parliament political parties – Rules on financing

The Council adopted a regulation aimed at improving rules on financing of European Parliament political parties (3688/07).

The regulation is mainly aimed at enhancing EP political groups' long term financial planning capabilities and at facilitating financial resource diversification.

The new regulation, which will enter into force on 1 January 2008 and will replace the current system dating back to 2003, is intended to provide better flexibility to political parties in view of the next EP elections to be held in June 2009.

To this end, the Council also adopted a regulation amending the financial regulation applicable to the EU's general budget so as to align it with these new rules.

HEALTH

Nutrition and health claims made on foods – Consumer protection

The Council adopted a regulation amending regulation 1924/2006 on nutrition and health claims made on foods in order to adapt it to the new rules of the regulatory procedure with scrutiny (comitology procedure) (3628/07).

The new comitology procedure on implementing powers conferred to the Commission is aimed at making Community law simpler and more transparent.

Addition of vitamins and minerals to foods – Consumer protection

The Council adopted a regulation amending regulation 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods in order to adapt it to the new rules of the regulatory procedure with scrutiny (comitology procedure) (3629/07).

ENVIRONMENT

Pollution prevention and control

The Council adopted a Directive concerning integrated pollution prevention and control (codified version) (PE-CONS 3652/07).

The directive codifies and repeals Directive 96/61/EC, substituting the various acts incorporated in it by bringing them together with only such amendments as are required by the codification exercise itself.

ENERGY

Energy Star programme

The Council adopted a regulation establishing the rules for the Community energy-efficiency labelling programme for office equipment (the Energy Star programme) (PE-CONS 3687/07).

The objective of this Regulation is to recast, and thus clarify, existing Community provisions concerning an energy-efficiency labelling programme for office equipment. The new Regulation will replace and repeal Regulation (EC) 2422/2001 and will thereby contribute to making Community legislation more accessible and transparent.

The Community's energy-efficiency labelling programme for office equipment is a well established instrument which plays a major part in improving the energy efficiency of such equipment, thereby protecting both environmental and consumer interests. The programme also contributes to the proper functioning of the internal market by coordinating national energy-efficiency initiatives, in order to minimise any adverse impact on industry and trade.

Electricity market – application of certain provisions to Estonia

The Council adopted a Directive amending Directive 2003/54/EC as regards the application of certain provisions to Estonia (PE-CONS 3687/07).

The objective of this Directive is to grant Estonia a temporary derogation from the application of certain provisions of Directive 2003/54/EC until 31 December 2012. This derogation had already been granted in 2004, but the act through which that decision was made was annulled by the Court of Justice, because of an erroneous choice of legal basis. The present Directive puts things right by confirming the derogation granted to Estonia, based on the correct legal basis.

WRITTEN PROCEDURE

Cape Verde – Accession to the WTO

On 14 December the Council adopted a decision, by written procedure, on a Community position to be expressed within the general council of the World Trade Organisation, favourable to the accession of Cape Verde to the WTO.

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^[1] Subject to Community and national public-health and consumer-protection legislation.

^[2] In accordance with the same principles and criteria as provided for in Article 28 of Regulation (EC) No 1698/2005.

^[3] Lithuania: EUR 0,03 and 0,045 million respectively.

^[4] In the case of Spain, France and Italy compensatory amounts for must aid should be added to this figure.

^[5] Zones C I (a) and C I (b) of the current legislation are regrouped in a single Zone C.

^[6] Zones C I (a) and C I (b) of the current legislation are regrouped in a single Zone C.

^[7] The Polish and Swedish delegations voted against and the Lithuanian delegation abstained.

^[8] Codecision procedure.

^[9] Food additives, food enzymes and food flavourings.

^[10] See Commission proposal figures at:

http://ec.europa.eu/fisheries/press_corner/press_releases/table07_88_en.pdf

^[11] Judgment of the Court C/45 of 24 May 2007, Maatschap Schonewille-Prins v. Minister van Landbouw, Natuur en Voedselkwaliteit.

^[12] See 10252/07 ADD 1.