(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter from intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.

(2)

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

(1)

In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter of intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.

(2)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

(1)

In accordance with Article 47 of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 54 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 %.

(2)

An end-use security provided for in Article 53(4) of Regulation (EC) No 1898/2005 is to be lodged to ensure the taking over of the concentrated butter by the retail trade.

(3)

In the light of the tenders received, the maximum aid should be fixed at the appropriate level and the end-use security should be determined accordingly.

(4)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.

(3)

In the light of the tenders received, a minimum selling price should be fixed.

(4)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

(1)

Directive 89/398/EEC concerns foodstuffs for particular nutritional uses. The specific provisions applicable to certain groups of foods for particular nutritional uses are laid down by specific Directives.

(2)

Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (2) is a specific Directive adopted pursuant to Directive 89/398/EEC. Directive 91/321/EEC lays down compositional requirements for infant formulae.

(3)

The Commission received a application for the placing on the market of an innovative infant formula based on hydrolysates of whey protein derived from cows’ milk with a protein content below the minimum of 0,56 g protein/100 kJ (2,25 g protein/100 kcal), as referred to in point 2.2 of Annex I to Directive 91/321/EEC.

(4)

On 5 October 2005, the European Food Safety Authority delivered its opinion (3). That opinion stated that infant formula, based on hydrolysates of whey protein derived from cows’ milk with a protein content of 0,47 g/100 kJ (1,9 g/100 kcal), is safe and suitable for use as the sole source of nutrition of infants.

(5)

Accordingly, pending the amendment of Directive 91/321/EEC, the marketing of that infant formula should be authorised for a two-year period.

(6)

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

(1)

Under Article 7(4) of Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3), licences issued for imports of husked, semi-milled and wholly milled rice under the quotas opened by that Regulation are valid from their actual day of issue until the end of the third month thereafter.

(2)

Since August 2006, the pattern of imports into the European Union of rice originating in the United States of America has been disturbed by the appearance on the US market of rice contaminated with genetically modified rice known as ‘LL RICE 601’.

(3)

Under Article 2 of Commission Decision 2006/601/EC of 5 September 2006 on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products (4), the placing on the market of long A and long B rice originating in the United States of America is subject to the presentation of an analytical report demonstrating that the product does not contain genetically modified rice ‘LL RICE 601’.

(4)

In order to prevent the emergency measures laid down by Decision 2006/601/EC preventing the use, during their period of validity, of licences issued for imports of long A and long B rice originating in the United States of America under the July 2006 tranche of the quotas opened by Regulation (EC) No 327/98, their period of validity should be extended until the end of 2006.

(5)

In addition, in order to allow the use of licences already issued for ‘all country’ import quotas and with the United States of America indicated as country of origin, the use of those licences should be authorised for the import of rice originating in all non-member countries.

(6)

The use of licences already issued should also be authorised for rice other than long A and long B rice.

(7)

Derogations should therefore be made from Regulation (EC) No 327/98 and from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (5).

(8)

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

(a)

import licences for semi-milled and wholly milled rice bearing in Section 8 ‘United States of America’ as the country of origin and issued for the July 2006 tranche of quotas bearing serial numbers 09.4127 and 09.4166, in accordance with Annex X to Regulation (EC) No 327/98, for the following CN codes:

(b)

import licences for husked rice bearing in Section 8 ‘United States of America’ as the country of origin and issued for the July 2006 tranche of the quota bearing serial number 09.4148, in accordance with Annex X to Regulation (EC) No 327/98, for the following CN codes:

(1)

Commission Regulation (EC) No 832/2006 (2) sets out the division between ‘deliveries’ and ‘direct sales’ of national reference quantities for the period from 1 April 2005 to 31 March 2006.

(2)

The second subparagraph of Article 8(1) of Regulation (EC) No 1788/2003 as added by Council Regulation (EC) No 1406/2006 provides that for the 2005/2006 period the Commission may adapt the division between ‘deliveries’ and ‘direct sales’ of the national reference quantities at the request of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia. This request had to be submitted to the Commission before 10 October 2006.

(3)

Cyprus, Hungary, Poland and Slovenia have submitted in due time a request stating quantities of the national reference quantities to be converted from deliveries to direct sales.

(4)

It is therefore appropriate to establish a new division between ‘deliveries’ and ‘direct sales’ of the national reference quantities for the period from 1 April 2005 to 31 March 2006 for Cyprus, Hungary, Poland and Slovenia.

(5)

It is therefore necessary to amend Regulation (EC) No 832/2006.

(6)

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

(1)

Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

(3)

The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.

(4)

The corrective amount must be fixed according to the same procedure as the refund; it may be altered in the period between fixings.

(5)

It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

(6)

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

(1)

Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

(3)

The refund applicable in the case of malts must be calculated with amount taken of the quantity of cereals required to manufacture the products in question. The said quantities are laid down in Regulation (EC) No 1501/95.

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

(6)

It follows from applying these rules to the present situation on markets in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

(7)

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

(1)

Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2) allows for the fixing of a corrective amount for the malt referred to in Article 1(1)(c) of Regulation (EC) No 1784/2003. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

(3)

It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

(4)

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

(1)

Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.

(2)

In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.

(3)

The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 1785/2003 on export refunds are applicable mutatis mutandis to the abovementioned operations.

(4)

The specific criteria to be used for calculating the export refund on rice are set out in Article 14 of Regulation (EC) No 1785/2003.

(5)

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

(1)

Council Decision 2003/106/EC of 19 December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (2) authorised the President of the Council to designate the person or persons empowered to deposit the instrument of approval on behalf of the Community with the Secretary-General of the United Nations, in accordance with Article 25(1) of that Convention, (hereinafter referred to as ‘the Rotterdam Convention’) (3). The instrument of approval, together with the Declaration of competence set out in Annex B to that Decision, was lodged with the Depositary on 20 December 2002. The Rotterdam Convention entered into force on 24 February 2004.

(2)

In its judgment of 10 January 2006 in Case C-94/03 (Commission v Council) (4), the Court of Justice annulled Decision 2003/106/EC as it was based solely on Article 175(1), in conjunction with Article 300 of the Treaty, ruling that both Articles 133 and 175(1), in conjunction with the relevant provisions of Article 300, were the appropriate legal basis.

(3)

The Court's judgment does not affect the Community's status as Party to the Convention. In accordance with Article 46 of the Vienna Convention on the Law of Treaties, the deposit of a new instrument of ratification is therefore not required. A new Council Decision approving the Rotterdam Convention is however necessary together with an amended Declaration of competence to reflect the change in the legal base, in accordance with Article 25(3) of the Rotterdam Convention.

(4)

To ensure legal certainty and to avoid a legal void, it is appropriate for this Decision to take effect from the date at which Decision 2003/106/EC was adopted,

(1)

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.

(2)

Pursuant to Article 6(1) of Directive 98/37/EC, Germany lodged a formal objection in respect of standard EN 13000:2004, adopted by the European Committee for Standardisation (CEN) on 22 April 2004, the reference of which has not yet been published in the Official Journal of the European Union.

(3)

Having examined standard EN 13000:2004, the Commission has established that it fails to meet several essential health and safety requirements of Annex I to Directive 98/37/EC, namely requirement 4.2.1.4 (loading control) in conjunction with the requirements 1.1.2(c) (principles of safety integration), 1.2.5 (control mode selection), 1.3.1 (stability), 4.1.2.1 (risks due to lack of stability) and 4.1.2.3 (mechanical strength). Specifically, regarding clauses 4.2.6.3.1, 4.2.6.3.2 and 4.2.6.3.3 of the standard, the measures defined for designing and constructing mobile cranes do not guarantee a sufficiently high level of safety for the foreseeable use of the product. In particular, the standard does not specify adequate protective measures to prevent the misuse of the bridging device for the rated capacity limiter.

(4)

In the interest of safety and legal certainty, the publication in the Official Journal of the European Union of the reference of standard should therefore be accompanied by an appropriate warning.

(5)

Member States should add an identical warning in their national standards transposing standard EN 13000:2004,

(1)

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.

(2)

Pursuant to Article 6(1) of Directive 98/37/EC, Germany lodged a formal objection in respect of standard EN 13683:2003, adopted by the European Committee for Standardisation (CEN) on 8 September 2003, the reference of which has not yet been published in the Official Journal of the European Union.

(3)

Having examined standard EN 13683:2003, the Commission has established that it fails to meet essential health and safety requirements 1.1.2.(c) (principles of safety integration), 1.3.8 (choice of protection against risks related to moving parts) and 1.4.1 (general requirements for guards and protection devices) of Annex I to Directive 98/37/EC. First, the specifications set out in clauses 5.2.1.1 and 5.2.1.2 of the standard on preventing access to the cutting blade from the feed side and from above are not sufficient to avoid contact with the blade. It is possible to remove jammed cuttings whilst the appliance is running and for the hand to come into contact with the cutting blade in doing so. Second, the specifications set out in clause 5.2.2 of the standard on preventing access to the cutting blade from the discharge chute from below are not sufficient. The dimensions of the discharge chute are such that an adult hand could come into contact with the cutting blade.

(4)

The references of standard EN 13683:2003 should therefore not be published in the Official Journal of the European Union,

(1)

Directive 98/37/EC provides that machinery may be placed on the market and put into service only if it does not endanger the safety of persons, domestic animals or goods, when properly installed and maintained and used for its intended purpose.

(2)

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.

(3)

Pursuant to Article 6(1) of Directive 98/37/EC, France lodged a formal objection in respect of standard EN ISO 14122-4:2004 adopted by the European Committee for Standardisation (CEN) on 18 March 2003, the reference of which has not yet been published in the Official Journal of the European Union.

(4)

Having examined standard EN ISO 14122-4:2004, the Commission has established that the specifications set out in its clauses 4.3.2 (choice of the type of fall protection device) in conjunction with clauses 6.2 (instructions for use) and 6.3 (marking) fail to meet essential requirements 1.1.2(b) (principles of safety integration), 1.5.15 (risk of slipping, tripping or falling) and 1.6.2 (access to operating positions and servicing points) of Annex I to Directive 98/37/EC.

(5)

Specifically, the technical solution described in standard EN ISO 14122-4:2004 — a fall arrester — does not prevent a fall from a fixed ladder. It only limits the consequences of a fall and requires deliberate action on the part of the operator to use personal protective equipment (PPE).

(6)

Fall arresters have several major disadvantages. First, they put constraint on the operator. This may result in operators, and in particular those performing frequent maintenance operations, failing to equip themselves with the PPE before using a fixed ladder. Second, they create secondary hazards in the event of an operator falling and hitting the fixed parts of the machine or installation, if there is not minimum clearance below the operator. Moreover, this unobstructed area must necessarily be larger than the enclosed area required by a cage. Third, they constitute an organisational constraint for companies (management of PPE, need for compatibility between the PPE and the anchorage system). This constraint can lead to malfunctions, which in turn can lead to accidents.

(7)

In contradiction with essential requirement 1.1.2.(b) of Annex I to Directive 98/37/EC, clauses 4.3.2, 6.2 and 6.3 of standard EN ISO 14122-4:2004 put requirements for integrated protective measures (the cage) on the same level as those suitable only for residual risks (PPE).

(8)

The purpose of a standard such as EN ISO 14122-4:2004 is to deal with an aspect of safety relating to a wide range of machinery, and not with specific cases. If, for a specific type of machinery, essential requirements 1.1.2, 1.5.15 and 1.6.2 of Annex I to Directive 98/37/EC cannot be fully satisfied, a standard for that type of machinery may specify the alternative measures to be taken.

(9)

The reference of standard EN ISO 14122-4:2004 should therefore not be published in the Official Journal of the European Union,