(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)

Commission Regulation (EC) No 951/2005 (2) fixed export refunds on fruit and vegetables for tomatoes, oranges, table grapes, apples and peaches.

(2)

A number of errors have been discovered in the Annex to the draft submitted to the Management Committee for an opinion. Regulation (EC) No 951/2005 should therefore be corrected.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

(1)

The applications for import licences lodged for the third quarter of 2005 are for quantities less than or equal to the quantities available and can therefore be met in full.

(2)

The surplus to be added to the quantity available for the following period should be determined.

(3)

It is appropriate to draw the attention of operators to the fact that licences may only be used for products which comply with all veterinary rules currently in force in the Community,

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

(2)

Because of the difficult weather conditions in much of Spain, cereals production has been significantly reduced in the 2005/06 marketing year. This situation has already led to high prices locally, causing supply difficulties at competitive prices for growers and the livestock feed industry alike.

(3)

Hungary has significant intervention stocks of common wheat, which should be used up.

(4)

The stocks of common wheat held by the Hungarian intervention agency should therefore be made available on the Spanish cereals market; given the need to supply growers in the east of Spain, those stocks are particularly suited to the traders’ needs.

(5)

To ensure the best supply conditions for these regions, the common wheat must be delivered to the ports of Tarragona, Cartagena or Valencia.

(6)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

(7)

It is also important that the Hungarian intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.

(8)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

(9)

In order to prevent disturbances on the Spanish market, in particular during marketing of the new year’s maize harvest, these cereals should be delivered before 30 September 2005.

(10)

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

(a)

tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

(b)

the minimum selling price shall be set at a level which does not disturb the cereals market.

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

(2)

Because of the difficult weather conditions in much of Spain, cereals production has been significantly reduced in the 2005/06 marketing year. This situation has already led to high prices locally, causing supply difficulties at competitive prices for growers and the livestock feed industry alike.

(3)

Slovakia has significant intervention stocks of maize, which should be used up.

(4)

The stocks of maize held by the Slovak intervention agency should therefore be made available on the Spanish cereals market; given the need to supply growers in the south of Spain, those stocks are particularly suited to the traders’ needs.

(5)

To ensure the best supply conditions for these regions, the maize must be delivered to the ports of Huelva, Seville or Cádiz.

(6)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

(7)

It is also important that the Slovak intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.

(8)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

(9)

In order to prevent disturbances on the Spanish market, in particular during marketing of the new year’s maize harvest, these cereals should be delivered before 30 September 2005.

(10)

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

(a)

tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

(b)

the minimum selling price shall be set at a level which does not disturb the cereals market.

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

(2)

Because of the difficult weather conditions in much of Spain, cereals production has been significantly reduced in the 2005/06 marketing year. This situation has already led to high prices locally, causing supply difficulties at competitive prices for growers and the livestock feed industry alike.

(3)

Hungary has significant intervention stocks of maize, which should be used up.

(4)

The stocks of maize held by the Hungarian intervention agency should therefore be made available on the Spanish cereals market; given the need to supply growers in the south of Spain, those stocks are particularly suited to the traders’ needs.

(5)

To ensure the best supply conditions for these regions, the maize must be delivered to the ports of Huelva, Seville or Cádiz.

(6)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

(7)

It is also important that the Hungarian intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.

(8)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

(9)

In order to prevent disturbances on the Spanish market, in particular during marketing of the new year’s maize harvest, these cereals should be delivered before 30 September 2005.

(10)

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

(a)

tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

(b)

the minimum selling price shall be set at a level which does not disturb the cereals market.

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

(2)

Because of the difficult weather conditions in much of Spain, cereals production has been significantly reduced in the 2005/06 marketing year. This situation has already led to high prices locally, causing supply difficulties at competitive prices for growers and the livestock feed industry alike.

(3)

Germany has significant intervention stocks of barley, which should be used up.

(4)

The stocks of barley held by the German intervention agency should therefore be made available on the Spanish cereals market; given the need to supply growers in the north of Spain, those stocks are particularly suited to the traders’ needs.

(5)

To ensure the best supply conditions for these regions, the barley must be delivered to the ports of A Coruña, Santander or Bilbao.

(6)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

(7)

It is also important that the German intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.

(8)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

(9)

In order to prevent disturbances on the Spanish market, in particular during marketing of the new year’s maize harvest, these cereals should be delivered before 30 September 2005.

(10)

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

(a)

tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

(b)

the minimum selling price shall be set at a level which does not disturb the cereals market.

(1)

On 1 January 2005, with the expiry of the WTO Agreement on Textile and Clothing, quotas on the imports of textile and clothing product categories were eliminated vis-à-vis WTO Members.

(2)

On 13 December 2004, ahead of the liberalisation of the quotas, the Community introduced by Council Regulation (EC) No 2200/2004 (2) a surveillance system for the 35 textile product categories concerned by the liberalisation.

(3)

Paragraph 242 of the Working Party Report of the Accession of the People’s Republic of China (3) (the PRC) to the WTO (the Textile Specific Safeguard Clause, or TSSC) introduced the possibility of specific safeguard measures on Chinese textile exports. It states that, where a WTO Member believed that imports of Chinese origin of textiles were, due to market disruption, threatening to impede the orderly development of trade in these products the Member could request consultations with the PRC with a view to easing or avoiding such market disruption.

(4)

By Regulation (EC) No 138/2003 (4), the Council inserted Article 10a in Regulation (EEC) No 3030/93 in order to transpose paragraph 242 of the Working Party Report into Community legislation.

(5)

On 6 April 2005, the Commission adopted indicative guidelines on the application of Article 10a of Regulation (EEC) No 3030/93 concerning a textiles specific safeguard clause (the Guidelines).

(6)

The European Commission requested and held consultations with the PRC in the framework of paragraph 242 of the Working Party Report on the PRC’s Accession to the WTO and Article 10a of Regulation (EEC) No 3030/93 for the product categories in which imports originating in the PRC were believed to threaten to impede, due to market disruption, the orderly development of trade. Such consultations were concluded on 10 June 2005 and led to a mutually satisfactory solution for 10 product categories. The result of the consultations is reflected in a Memorandum of Understanding on the export of certain Chinese Textile and Clothing Products to the European Union between the European Commission and the Ministry of Commerce of the People’s Republic of China of the same date.

(7)

The Memorandum of Understanding covers imports from the PRC into the Community of ten product categories: category 2 (cotton fabrics), category 4 (T-shirts), category 5 (pullovers), category 6 (trousers), category 7 (blouses), category 20 (bed linen), category 26 (dresses), category 31 (brassieres), category 39 (table and kitchen linen) and category 115 (flax or ramie yarn). The corresponding customs codes are those listed in Annex I to Regulation (EEC) No 3030/93.

(8)

The Commission believes that imports of Chinese origin of those categories, due to the existence or threat of market disruption, threaten to impede the orderly development of trade within the meaning of paragraph 242 of the Working Party Report on the PRC’s Accession to the WTO and Article 10a of Regulation (EEC) No 3030/93 for the following reasons.

(9)

Imports of category 2 (cotton fabrics) originating in the PRC increased by 71 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 124 % of the alert level specified by the Guidelines (the alert level). Imports of this category from all countries increased slightly, by 4 %, during the same period. However, the average price of Chinese origin imports has decreased by 21 % (according to import surveillance data), much faster than the average price of other countries (– 2 % based on January-March Eurostat data). This situation is more acute as regards imports of products of sub-category 2A (denim fabrics), as imports from China in the first quarter of 2005 increased by 102 % as compared with the same period of 2004, whilst total imports increased by 15 % and average unit prices dropped by 20 %.

(10)

Imports of category 4 (T-shirts) originating in the PRC increased by 199 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 197 % of the alert level. Imports of this category from all countries increased by 24 %, during the same period. The average price of Chinese origin imports has decreased by 37 %.

(11)

Imports of category 5 (pullovers) originating in the PRC increased by 530 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 194 % of the alert level. Imports of this category from all countries increased by 14 %, during the same period. The average price of Chinese origin imports has decreased by 42 %.

(12)

Imports of category 6 (trousers) originating in the PRC increased by 413 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 312 % of the alert level. Imports of this category from all countries increased by 18 %, during the same period. The average price of Chinese origin imports has decreased by 14 %.

(13)

Imports of category 7 (blouses) originating in the PRC increased by 256 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 207 % of the alert level. Imports of this category from all countries increased by 4 %, during the same period. The average price of Chinese origin imports has decreased by 30 %.

(14)

Imports of category 20 (bed linen) originating in the PRC increased by 158 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 107 % of the alert level. Imports of this category from all countries increased by 6 %, during the same period. The average price of Chinese origin imports has decreased by 34 %.

(15)

Imports of category 26 (dresses) originating in the PRC increased by 219 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 212 % of the alert level. Imports of this category from all countries increased by 1 %, during the same period. The average price of Chinese origin imports has increased by 2 % as reported by the surveillance system. However, actual Eurostat figures for the first quarter show a large price drop of 42 %.

(16)

Imports of category 31 (brassieres) originating in the PRC increased by 110 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 145 % of the alert level. Imports of this category from all countries increased by 6 %, during the same period. The average price of Chinese origin imports has decreased by 37 %.

(17)

Imports of category 39 (table and kitchen linen) originating in the PRC increased by 64 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 110 % of the alert level. Imports of this category from all countries increased by 10 %, during the same period. The average price of Chinese origin imports has decreased by 39 %.

(18)

Imports of category 115 (flax or ramie yarn) originating in the PRC increased by 55 % in volume in the first four months of 2005, when compared to the same period in 2004. This brings imports of this category to 150 % of the alert level. Imports of this category from all countries increased by 40 %, during the same period. The average price of Chinese origin imports has remained stable (it has increased by 3 % according to import surveillance figures or remained unchanged according to Eurostat). However, it should be noticed that the average unit price of Chinese origin imports is less than half the average rice practiced by the Community producers.

(19)

The import levels for textile and clothing products from the PRC and other implementation arrangements set out in the Memorandum of Understanding should be transposed in Regulation (EEC) No 3030/93.

(20)

Article 27 of Annex III of Regulation (EEC) No 3030/93 should be amended to further detail the provisions for data transmission by Member States in the framework of the system of the a posteriori statistical surveillance for certain textiles products.

(21)

Regulation (EEC) No 3030/93 should therefore be amended accordingly.

(22)

The Regulation shall enter into force on the third day after its publication in order to provide for a rapid implementation of the Memorandum of Understanding.

(23)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,

(1)

Commission Regulation (EC) No 795/2004 (2) introduces the implementing rules for the single payment scheme as from 2005. Experience of the administrative and operational implementation of that scheme at national level has shown that in certain respects further detailed rules are needed and in other respects the existing rules need to be clarified and adapted.

(2)

In order to facilitate the task of the national administrations in the framework of the implementation of Articles 54(2) and 61 of Regulation (EC) No 1782/2003, Member States should determine which areas are to be considered as permanent pasture for those areas in reparcelling schemes between the date for the aid application for 2003 and the date of application for the single payment scheme in the first year of implementation.

(3)

According to Article 50(2) of Regulation (EC) No 795/2004, in case of regional implementation of the single payment scheme as provided for in Article 58 of Regulation (EC) No 1782/2003, Member States shall communicate the information referred to in Article 50(1)(a) and (b) of Regulation (EC) No 795/2004 for each of the regions concerned, and, by 1 August of the first year of application of the single payment scheme at the latest, the corresponding part of the ceiling established in accordance with Article 58(3) of Regulation (EC) No 1782/2003. For reasons of simplification, it is appropriate to replace the date of 1 August by the same date as that provided for the communication referred to in Article 50(1) of Regulation (EC) No 795/2004.

(4)

Article 51 of Regulation (EC) No 1782/2003, as amended by Council Regulation (EC) No 864/2004 and made applicable as from 1 January 2005 by Commission Regulation (EC) No 394/2005, authorises Member States to allow secondary crops to be cultivated on the eligible hectares during a period of maximum three months starting each year on 15 August. It is appropriate to bring forward that date to allow the growing of temporary vegetable crops in regions where cereals are usually harvested sooner for climatic reasons as communicated by the Member States concerned to the Commission.

(5)

According to Article 60(1) of Regulation (EC) No 1782/2003 Member States implementing the regional option provided for in Article 59 of that Regulation may also use the parcels declared according to Article 44(3) of that Regulation for the production of products referred to in Article 1(2) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (3) or in Article 1(2) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (4) and of potatoes other than those intended for the manufacture of potato starch.

(6)

Article 60(2) of Regulation (EC) No 1782/2003 provides that Member States shall establish the number of hectares that may be used according to paragraph 1 of that Article by subdividing, according to objective criteria, the average of the number of hectares that were used for the production of the products referred to in paragraph 1 of that Article at national level during the three-year period 2000 to 2002 amongst the regions defined pursuant to Article 58(2) of Regulation (EC) No 1782/2003. It is appropriate to fix the average number of hectares at national and regional level on the basis of the data communicated to the Commission by the Member States concerned.

(7)

Regulation (EC) No 795/2004 should therefore be amended accordingly.

(8)

Due to the fact that Regulation (EC) No 795/2004 applies as from 1 January 2005, it is appropriate to provide that this Regulation applies retroactively from that date.

(9)

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

1.

In Article 28a, the terms ‘the Annex’ are replaced by ‘Annex I’.

2.

In Article 32(4) the following third subparagraph is added:

‘Where areas were newly allocated in the framework of a national reparcelling scheme between the date for the aid application for 2003 and the date of application for the single payment scheme in the first year of implementation, the Member State concerned shall determine which areas are to be considered as permanent pasture for the purpose of articles 54(2) and 61 of Regulation (EC) No 1782/2003. In these cases Member States shall take into account the situation existing at farmer's level before the reparcelling by minimising, to the maximum extent, any effect on the farmer's possibilities to use the payments entitlements. In doing so Member States shall take action to prevent, in the area affected by the reparcelling scheme, any significant increase of the total area eligible to set aside entitlements as well as any significant decrease of permanent pasture.’

3.

In Article 41 the following paragraph 5 is added:

4.

In the first subparagraph of Article 50(2), the date of 1 August is replaced by the date of 15 September.

5.

The Annex is replaced by the text in Annex I to this Regulation.

6.

The text in Annex II to this Regulation is added as Annex II.

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2005 to 30 June 2006 at 11 500 t.

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

(1)

Annex IV to Regulation (EC) No 1210/2003 lists the natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources under that Regulation.

(2)

On 22 June 2005, the Sanctions Committee of the UN Security Council decided to amend the list comprising Saddam Hussein and other senior officials of the former Iraqi regime, their immediate family members and the entities owned or controlled by them or by persons acting on their behalf or at their direction, to whom the freezing of funds and economic resources should apply. Therefore, Annex IV should be amended accordingly.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

(1)

In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.

(3)

The application of the above criteria gives the world market price for unginned cotton determined hereinafter,

(1)

For the existing active substance amitraz a decision was taken not to include it in Annex I to Council Directive 91/414/EEC (4) by Commission Decision 2004/141/EC (5). This Decision provides that plant protection products containing this active substance shall no longer be authorised for use in the Community except for a limited number of uses, where at the moment no alternatives are available (essential uses).

(2)

Decision 2004/141/EC allowed a phasing out period, and it is appropriate that maximum residue levels (MRLs) premised on the notion that use of the substance concerned is not authorised in the Community, should not apply until the end of the phasing out period applying to that substance.

(3)

For amitraz MRLs for residues resulting from veterinary medicinal uses have been set on animal products in the framework of Council Regulation (EC) No 2377/90 (6). It is appropriate to take these into account in this Directive.

(4)

Community MRLs and the levels recommended by the Codex Alimentarius (7) are fixed and evaluated following similar procedures. There are a limited number of Codex MRLs for amitraz. These have been considered in the setting of the MRLs fixed in this Directive. Codex MRLs that will be recommended for withdrawal in the near future were not taken into account. The MRLs based on Codex MRLs having been evaluated in the light of the risks for the consumers, no risk was established.

(5)

In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.

(6)

It is therefore necessary to amend several of the pesticide residues arising from use of amitraz in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.

(7)

The relevant annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

(8)

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