24.8.2005

Official Journal of the European Union

L 219/3

COMMISSION REGULATION (EC) No 1374/2005

of 23 August 2005

opening a standing invitation to tender for the export of barley held by the Slovak intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

(2)	Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.

(3)	Given the current market situation, a standing invitation to tender should be opened for the export of 64 016 tonnes of barley held by the Slovak intervention agency.

(4)

Special procedures must be laid down to ensure that the operations and their monitoring are properly effected. To that end, provision should be made for a security lodgement scheme which ensures that aims are met while avoiding excessive costs for the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.

(5)	To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.

(6)	Article 7(2a) of Regulation (EEC) No 2131/93 allows the successful exporting tenderer to be reimbursed the lowest transport costs between the place of storage and the actual place of exit, up to a certain ceiling. In view of Slovakia’s geographical location, this provision should be applied.

(7)	With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Slovak intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided in this Regulation.

Article 2

The invitation to tender shall cover a maximum of 64 016 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.

Article 3

1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.

4. Pursuant to Article 7(2a) of Regulation (EEC) No 2131/93, the lowest transport costs between the place of storage and the actual place of exit shall be reimbursed to the successful tenderer, up to the ceiling set in the invitation to tender.

Article 4

1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).

Article 5

1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 9.00 (Brussels time) on 8 September 2005.

The time limit for submitting tenders under subsequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, i.e. weeks in which no invitation to tender shall be made.

The last partial invitation to tender shall expire at 9.00 (Brussels time) on 22 June 2006.

2. Tenders must be lodged with the Slovak intervention agency:

Pôdohospodárska platobná agentúra oddelenie obilnín a škrobu

Dobrovičova 12

SK-815 26 Bratislava

Tel. 421/-2-58243271

Fax 421-2-58243362

Article 6

The intervention agency, the storer and a successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.

Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer’s request or within three working days if the samples are taken on removal from storage.

In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.

Article 7

1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:

(a)	higher than that specified in the notice of invitation to tender;

(b)

higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, providing that the differences having regard to those criteria do not exceed the following limits:

—	one kilogram per hectolitre as regards specific weight, which must not, however, be less than 64 kg/hl,

—	one percentage point as regards moisture content,

—	half a percentage point as regards the impurities referred to in points B.2 and B.4 of Annex I to Commission Regulation (EC) No 824/2000 (6),

—	half a percentage point as regards the impurities referred to in point B.5 of Annex I to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot remaining unchanged, however.

2. If the final result of the analyses carried out on the samples indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender and the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:

(a)	accept the lot as established, or

(b)	refuse to take over the lot concerned.

In the case of paragraph 1(b), the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

3. If the final result of the sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer cannot remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

Article 8

Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of barley of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer’s request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.

If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex I.

Article 9

1. If the barley is removed before the results of the analyses provided for in Article 6 are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress the tenderer might have against the storer.

2. The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.

Article 10

Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of barley under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry one of the entries set out in Annex II.

Article 11

1. The security lodged pursuant to Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.

2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.

Article 12

Within two hours of the expiry of the time limit for the submission of tenders, the Slovak intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.

Article 13

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

(4) Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(6) OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

ANNEX I

Communication of refusal and possible replacement of lots under the standing invitation to tender for the export of barley held by the Slovak intervention agency

(Regulation (EC) No 1374/2005)

—	Name of successful tenderer:

—	Date of award:

—	Date of refusal of the lot by the successful tenderer:

Lot number

Quantity in tonnes

Address of the silo

Reason for refusal to take over

—	PS (kg/hl)

—	% of sprouted grains

—	% of miscellaneous impurities (Schwarzbesatz)

—	% of matter other than basic cereals of unimpaired quality

—

Other

ANNEX II

Entries referred to in Article 10

—	in Spanish	:	Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1374/2005
—	in Czech	:	Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1374/2005
—	in Danish	:	Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1374/2005
—	in German	:	Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1374/2005
—	in Estonian	:	Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1374/2005
—	in Greek	:	Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1374/2005
—	in English	:	Intervention barley without application of refund or tax, Regulation (EC) No 1374/2005
—	in French	:	Orge d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1374/2005
—	in Italian	:	Orzo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1374/2005
—	in Latvian	:	Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1374/2005
—	in Lithuanian	:	Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1374/2005
—	in Hungarian	:	Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1374/2005/EK rendelet
—	in Dutch	:	Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1374/2005
—	in Polish	:	Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty, rozporządzenie (WE) nr 1374/2005
—	in Portuguese	:	Cevada de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1374/2005
—	in Slovak	:	Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1374/2005
—	in Slovenian	:	Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1374/2005
—	in Finnish	:	Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1374/2005
—	in Swedish	:	Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1374/2005.

ANNEX III

Standing invitation to tender for the export of barley held by the Slovak intervention agency

Form (*1)

(Regulation (EC) No 1374/2005)

(*1) To be sent to DG AGRI (Unit D.2).

(1) This price includes the increases and reductions relating to the lot covered by the tender.

(2) The commercial costs corresponding to insurance and services provision borne after exit from the intervention stock up to the FOB stage at the port of export, with the exception of transport costs. The notified costs shall be established on the basis of the average real costs recorded by the intervention agency in the six months preceding the opening of the tendering period and shall be expressed in EUR per tonne.

24.8.2005

Official Journal of the European Union

L 219/9

COMMISSION REGULATION (EC) No 1375/2005

of 23 August 2005

opening a standing invitation to tender for the export of barley held by the Czech intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

(2)	Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.

(3)	Given the current market situation, a standing invitation to tender should be opened for the export of 31 443 tonnes of barley held by the Czech intervention agency.

(4)

(5)	To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.

(6)

Article 7(2a) of Regulation (EEC) No 2131/93 allows the successful exporting tenderer to be reimbursed the lowest transport costs between the place of storage and the actual place of exit, up to a certain ceiling. In view of the Czech Republic’s geographical location, this provision should be applied.

(7)	With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Czech intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided in this Regulation.

Article 2

The invitation to tender shall cover a maximum of 31 443 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.

Article 3

1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.

Article 4

1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).

Article 5

1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 09.00 (Brussels time) on 8 September 2005.

The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, i.e. weeks in which no invitation to tender shall be made.

The last partial invitation to tender shall expire at 09.00 (Brussels time) on 22 June 2006.

2. Tenders must be lodged with the Czech intervention agency:

Statní zemědělsky intervenční fond

Odbor Rostlinných Komodit

Ve Smečkách 33

CZ-110 00, Praha 1

Tel. (420) 222 871 667/403

Fax (420) 222 296 806 404

Article 6

In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.

Article 7

1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:

(a)	higher than that specified in the notice of invitation to tender;

(b)

—	one kilogram per hectolitre as regards specific weight, which must not, however, be less than 64 kg/hl,

—	one percentage point as regards moisture content,

—	half a percentage point as regards the impurities referred to in points B.2 and B.4 of the Annex to Commission Regulation (EC) No 824/2000 (6),

—	half a percentage point as regards the impurities referred to in point B.5 of Annex I to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot remaining unchanged, however.

(a)	accept the lot as established, or

(b)	refuse to take over the lot concerned.

3. Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

Article 8

Article 9

Article 10

Article 11

1. The security lodged pursuant to Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.

2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.

Article 12

Within two hours of the expiry of the time limit for the submission of tenders, the Czech intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.

Article 13

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

(4) Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(6) OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

ANNEX I

Communication of refusal and possible replacement of lots under the standing invitation to tender for the export of barley held by the Czech intervention agency

(Regulation (EC) No 1375/2005)

—	Name of successful tenderer:

—	Date of award:

—	Date of refusal of the lot by the successful tenderer:

Lot number

Quantity in tonnes

Address of the silo

Reason for refusal to take over

—	PS (kg/hl)

—	% of sprouted grains

—	% of miscellaneous impurities (Schwarzbesatz)

—	% of matter other than basic cereals of unimpaired quality

—

Other

ANNEX II

Entries referred to in Article 10

—	in Spanish	:	Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1375/2005
—	in Czech	:	Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1375/2005
—	in Danish	:	Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1375/2005
—	in German	:	Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1375/2005
—	in Estonian	:	Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1375/2005
—	in Greek	:	Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1375/2005
—	in English	:	Intervention barley without application of refund or tax, Regulation (EC) No 1375/2005
—	in French	:	Orge d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1375/2005
—	in Italian	:	Orzo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1375/2005
—	in Latvian	:	Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1375/2005
—	in Lithuanian	:	Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1375/2005
—	in Hungarian	:	Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1375/2005/EK rendelet
—	in Dutch	:	Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1375/2005
—	in Polish	:	Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty, rozporządzenie (WE) nr 1375/2005
—	in Portuguese	:	Cevada de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1375/2005
—	in Slovak	:	Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1375/2005
—	in Slovenian	:	Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1375/2005
—	in Finnish	:	Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1375/2005
—	in Swedish	:	Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1375/2005.

ANNEX III

Standing invitation to tender for the export of barley held by the Czech intervention agency

Form (*1)

(Regulation (EC) No 1375/2005)

(*1) To be sent to DG AGRI (Unit D.2).

(1) This price includes the increases and reductions relating to the lot covered by the tender.

24.8.2005

Official Journal of the European Union

L 219/15

COMMISSION REGULATION (EC) No 1376/2005

of 23 August 2005

opening a standing invitation to tender for the export of barley held by the Swedish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

(2)	Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.

(3)	Given the current market situation, a standing invitation to tender should be opened for the export of 104 730 tonnes of barley held by the Swedish intervention agency.

(4)

Special procedures must be laid down to ensure that the operations and their monitoring are properly effected. To that end, securities should be lodged to ensure that the goals of the operations are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.

(5)	To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.

(6)	With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.

(7)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The Swedish intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall cover a maximum of 104 730 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.

Article 3

1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.

Article 4

1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).

Article 5

The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, there being no invitation to tender in the weeks concerned.

The closing date for the submission of tenders for the last partial tendering procedure shall be 22 June 2006 at 09.00 (Brussels time).

2. Tenders must be lodged with the Swedish intervention agency:

Statens Jordbruksverk

Vallgatan 8

S-55182 Jönköping

Fax (46) 36 19 05 46.

Article 6

The intervention agency, the storer and the successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.

Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer's request or within three working days if the samples are taken on removal from storage.

In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.

Article 7

1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:

(a)	higher than that specified in the notice of invitation to tender;

(b)

—	one kilogram per hectolitre as regards specific weight, which must not, however, be less than 64 kg/hl,

—	one percentage point as regards moisture content,

—	half a percentage point as regards the impurities referred to at B.2 and B.4 of Annex I to Commission Regulation (EC) No 824/2000 (6),

—	half a percentage point as regards the impurities referred to at B.5 of Annex I to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot remaining unchanged, however.

(a)	accept the lot as established; or

(b)	refuse to take over the lot concerned.

In the case of (b) above, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

Article 8

Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of barley of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer's request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.

Article 9

Article 10

Article 11

1. The security lodged pursuant to Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.

2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.

Article 12

Within two hours of the expiry of the time limit for the submission of tenders, the Swedish intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.

Article 13

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

(4) Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(6) OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

ANNEX I

Communication of refusal and possible replacement of lots under the standing invitation to tender for the export of barley held by the Swedish intervention agency

(Regulation (EC) No 1376/2005)

—	Name of successful tenderer:

—	Date of award:

—	Date of refusal of the lot by the successful tenderer:

Lot number

Quantity in tonnes

Address of the silo

Reason for refusal to take over

—	SW (kg/hl)

—	% of sprouted grains

—	% of miscellaneous impurities (Schwarzbesatz)

—	% of matter other than basic cereals of unimpaired quality

—

Other

ANNEX II

Entries referred to in Article 10

—	in Spanish	:	Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1376/2005
—	in Czech	:	Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1376/2005
—	in Danish	:	Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1376/2005
—	in German	:	Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1376/2005
—	in Estonian	:	Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1376/2005
—	in Greek	:	Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1376/2005
—	in English	:	Intervention barley without application of refund or tax, Regulation (EC) No 1376/2005
—	in French	:	Orge d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1376/2005
—	in Italian	:	Orzo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1376/2005
—	in Latvian	:	Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1376/2005
—	in Lithuanian	:	Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1376/2005
—	in Hungarian	:	Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1376/2005/EK rendelet
—	in Dutch	:	Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1376/2005
—	in Polish	:	Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty, rozporządzenie (WE) nr 1376/2005
—	in Portuguese	:	Cevada de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1376/2005
—	in Slovak	:	Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1376/2005
—	in Slovenian	:	Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1376/2005
—	in Finnish	:	Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1376/2005
—	in Swedish	:	Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1376/2005.

ANNEX III

Standing invitation to tender for the export of barley held by the Swedish intervention agency

Form (*1)

(Regulation (EC) No 1376/2005)

(*1) To be sent to DG AGRI (Unit D.2).

(1) This price includes the increases and reductions relating to the lot covered by the tender.

(2) The commercial costs corresponding to insurance and services provision borne after the exit of the intervention stock up to the FOB stage at the port of export, with the exception of transport costs. The notified costs shall be established on the basis of the average real costs recorded by the intervention agency in the six months preceding the opening of the tendering period and shall be expressed in EUR per tonne.

24.8.2005

Official Journal of the European Union

L 219/21

COMMISSION REGULATION (EC) No 1377/2005

of 23 August 2005

opening a standing invitation to tender for the export of barley held by the Finnish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

(2)	Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.

(3)	Given the current market situation, a standing invitation to tender should be opened for the export of 27 780 tonnes of barley held by the Finnish intervention agency.

(4)

(5)	To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.

(6)	With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.

(7)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The Finnish intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall cover a maximum of 27 780 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.

Article 3

1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.

Article 4

1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).

Article 5

The time limit for submitting tenders pursuant to subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, there being no invitation to tender in the weeks concerned.

The closing date for the submission of tenders for the last partial tendering procedure shall be 22 June 2006 at 09.00 (Brussels time).

2. Tenders must be lodged with the Finnish intervention agency:

Maa- ja metsätalousministeriö, interventioyksikkö

PL 232

FI-00171 Helsinki

Fax (358-9) 16 05 27 72, (358-9) 16 05 27 78

Article 6

In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.

Article 7

1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:

(a)	higher than that specified in the notice of invitation to tender;

(b)

—	one kilogram per hectolitre as regards specific weight, which must not, however, be less than 64 kg/hl,

—	one percentage point as regards moisture content,

—	half a percentage point as regards the impurities referred to at B.2 and B.4 of Annex I to Commission Regulation (EC) No 824/2000 (6),

—	half a percentage point as regards the impurities referred to at B.5 of Annex I to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot remaining unchanged, however.

(a)	accept the lot as established, or

(b)	refuse to take over the lot concerned.

In the case of paragraph (b), the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

Article 8

Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of barley of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer's request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.

Article 9

Article 10

Article 11

1. The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.

2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.

Article 12

Within two hours of the expiry of the time limit for the submission of tenders, the Finnish intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.

Article 13

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3) OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

(4) Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(6) OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

ANNEX I

Communication of refusal and possible replacement of lots under the standing invitation to tender for the export of barley held by the Finnish intervention agency

(Regulation (EC) No 1377/2005)

—	Name of successful tenderer:

—	Date of award:

—	Date of refusal of the lot by the successful tenderer:

Lot number

Quantity in tonnes

Address of the silo

Reason for refusal to take over

—	SW (kg/hl)

—	% of sprouted grains

—	% of miscellaneous impurities (Schwarzbesatz)

—	% of matter other than basic cereals of unimpaired quality

—

Other

ANNEX II

Entries referred to in Article 10

—	in Spanish	:	Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1377/2005
—	in Czech	:	Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1377/2005
—	in Danish	:	Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1377/2005
—	in German	:	Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1377/2005
—	in Estonian	:	Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1377/2005
—	in Greek	:	Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1377/2005
—	in English	:	Intervention barley without application of refund or tax, Regulation (EC) No 1377/2005
—	in French	:	Orge d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1377/2005
—	in Italian	:	Orzo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1377/2005
—	in Latvian	:	Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1377/2005
—	in Lithuanian	:	Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1377/2005
—	in Hungarian	:	Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1377/2005/EK rendelet
—	in Dutch	:	Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1377/2005
—	in Polish	:	Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty, rozporządzenie (WE) nr 1377/2005
—	in Portuguese	:	Cevada de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1377/2005
—	in Slovak	:	Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1377/2005
—	in Slovenian	:	Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1377/2005
—	in Finnish	:	Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1377/2005
—	in Swedish	:	Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1377/2005.

ANNEX III

Standing invitation to tender for the export of barley held by the Finnish intervention agency

Form (*1)

(Regulation (EC) No 1377/2005)

(*1) To be sent to DG AGRI (Unit D.2).

(1) This price includes the increases and reductions relating to the lot covered by the tender.

24.8.2005

Official Journal of the European Union

L 219/29

COMMISSION DIRECTIVE 2005/48/EC

of 23 August 2005

amending Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for certain pesticides in and on cereals and certain products of animal and plant origin

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,

Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (2), and in particular Article 10 thereof,

Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3), and in particular Article 7 thereof,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (4), and in particular Article 4(1)(f) thereof,

Whereas:

(1)	The following existing active substances have been included in Annex I to Directive 91/414/EEC: iprodione by Commission Directive 2003/31/EC (5); propiconazole by Commission Directive 2003/70/EC (6) and molinate by Commission Directive 2003/81/EC (7).

(2)	The following new active substances have been included in Annex I to Directive 91/414/EEC: mesotrione by Commission Directive 2003/68/EC (8) and silthiofam, picoxystrobin, flufenacet, iodosulfuron-methyl-sodium and fosthiazate by Commission Directive 2003/84/EC (9).

(3)

The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to this use has been submitted by certain Member States in accordance with Article 4(1)(f) of that Directive. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.

(4)	Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.

(5)

Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a limited number of Codex MRLs for iprodione and propiconazole. There are already Community MRLs set out in 86/362/EEC, 86/363/EEC and 90/642/EEC for: iprodione (Council Directive 93/58/EEC) (10) and propiconazole (Council Directive 94/30/EC) (11). These have been taken into account 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 when using the toxicological end points based on the studies available to the Commission.

(6)

With respect to the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, the related technical and scientific evaluations were finalised in the form of Commission review reports. The assessment reports for those substances mentioned were finalised on the dates as mentioned in the Commission Directives cited in Recitals 1 and 2. These reports fixed the Acceptable Daily Intake (ADI) and if necessary, the Acute Reference Dose (ARfD) for the substances concerned. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation (12) and the opinion of the Scientific Committee for Plants (13) on the methodology employed. It has been concluded that MRLs proposed will not lead to those ADIs or ARfD being exceeded.

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

(8)

The setting at Community level of such provisional MRLs does not prevent the Member States from establishing provisional MRLs for the substances concerned in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit the development of further uses of the active substance concerned. The provisional MRL should then become definitive.

(9)

It is therefore necessary to modify the MRLs set out 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. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not already been defined, it is appropriate to set them for the first time.

(10)	Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

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

HAS ADOPTED THIS DIRECTIVE:

Article1

Directive 86/362/EEC is amended as follows:

1.	In Part A of Annex II, maximum residue levels are added for mesotrione, silthiofam, picoxystrobin, flufenacet, iodosulfuron-methyl-sodium, fosthiazate and molinate, as set out in Annex I to this Directive.

2.	In Part A of Annex II, the maximum residue levels for propiconazole and iprodione are replaced by those set out in Annex II to this Directive.

Article 2

Directive 86/363/EEC is amended as follows:

1.	In Part A of Annex II, maximum residue levels are added for picoxystrobin, as set out in Annex III to this Directive.

2.	In Part B of Annex II, the maximum residue levels for propiconazole are replaced by those set out in Annex IV to this Directive.

Article 3

Directive 90/642/EEC is amended as follows:

1.	In Annex II, maximum residue levels are added for mesotrione, silthiofam, picoxystrobin, flufenacet, iodosulfuron-methyl-sodium, fosthiazate and molinate, as set out in Annex V to this Directive.

2.	In Annex II, the maximum residue levels for propiconazole and iprodione, are replaced by those set out in Annex VI to this Directive.

Article 4

1. Member States shall adopt and publish, by 24 February 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 24 February 2007.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 23 August 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/46/EC (OJ L 177, 9.7.2005, p. 35).

(2) OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2005/46/EC.

(3) OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2005/46/EC.

(4) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).

(5) OJ L 101, 23.4.2003, p. 3.

(6) OJ L 184, 23.7.2003, p. 9.

(7) OJ L 224, 6.9.2003, p. 29.

(8) OJ L 177, 16.7.2003, p. 12.

(9) OJ L 247, 30.9.2003, p. 20.

(10) OJ L 211, 23.8.1993, p. 6.

(11) OJ L 189, 23.7.1994, p. 70.

(12) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

(13) Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html).

ANNEX I

Maximum levels in mg/kg (ppm)
Pesticide residues	Individual products to which the MRLs apply
Mesotrione ‘Sum of mesotrione and MNBA (4-methylsulfonyl-2-nitro benzoic acid), expressed as mesotrione’	0,05 (*1) (p) CEREALS
Silthiofam	0,05 (*1) (p) CEREALS
Picoxystrobin	0,2 (p) Barley 0,2 (p) Oats 0,05 (*1) (p) Cereals others
Flufenacet (Sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet equivalent)	0,05 (*1) (p) CEREALS
Iodosulfuron-methyl sodium (iodosulfuron-methyl including salts, expressed as iodosulfuron-methyl)	0,02 (*1) (p) CEREALS
Fosthiazate	0,02 (*1) (p) CEREALS
Molinate	0,05 (*1) (p) CEREALS

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

ANNEX II

Maximum levels mg/kg
Pesticide residues	Individual products to which the MRLs apply
Propiconazole	0,2 (p) Barley 0,2 (p) Oats 0,05 (*1) (p) Cereals others
Iprodione	3 (p) Rice 0,5 (p) Oats, barley and wheat 0,02 (*1) (p) Cereals others

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

ANNEX III

Maximum levels in mg/kg (ppm)
Pesticide residues	of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201 , 0202 , 0203 , 0204 , 0205 00 00 , 0206 , 0207 , ex 0208 , 0209 00 , 0210 , 1601 00 and 1602 (1) (4)	for cow's milk and whole cream cow's milk listed in Annex I under heading No 0401 : for other foodstuffs in headings Nos 0401 , 0402 , 0405 00 and 0406 in accordance with (2) (4)	of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408 (3) (4)
Picoxystrobin	0,05 (*1) (p)	0,02 (*1) (p)	0,05 (*1) (p)

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

(1) In the case of foodstuffs with a fat content of 10 % or less by weight, the residue is related to the total weight of the boned foodstuff. In such cases, the maximum level is one-tenth of the value related to fat content, but must be no less than 0,01 mg/kg.

(2) In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4 % by weight should be taken as a basis. For raw milk and whole cream milk of another animal origin the residues are expressed on the basis of the fat.

For the other foodstuffs listed in Annex I under heading Nos 0401, 0402, 0405 00, and 0406:

—	with a fat content of less than 2 % by weight, the maximum level is taken as half that set for raw milk and whole cream milk,

—	with a fat content of 2 % or more by weight, the maximum level is expressed in mg/kg of fat. In such cases, the maximum level is 25 times that set for raw milk and whole cream milk.

(3) For eggs and egg products with a fat content higher than 10 %, the maximum level is expressed in mg/kg fat. In this case, the maximum level is 10 times higher than the maximum level for fresh eggs.

(4) Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.

ANNEX IV

Maximum levels in mg/kg (ppm)

Pesticide residues

of meat, including fat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201 , 0202 , 0203 , 0204 , 0205 00 00 , 0206 , 0207 , ex 0208 , 0209 00 , 0210 , 1601 00 and 1602

for milk and milk products listed in Annex I under headings Nos 0401 , 0402 , 0405 00 and 0406

of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408

Propiconazole

ruminant liver 0,1 (p)

others products of animal origin 0,01 (*1) (p)

0,01 (*1) (p)

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

ANNEX V

Groups and examples of individual products to which the MRLs apply

Mesotrione (Sum of mesotrione and MNBA (4-methylsulfonyl-2-nitro benzoic acid), expressed as mesotrione)

Silthiofam

Picoxystrobin

Flufenacet (Sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet)

Iodosulfuron-methyl sodium (iodosulfuron-methyl including salts, expressed as iodosulfuron-methyl)

Fosthiazate

Molinate

1.	Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

0,05 (*1) (p)

0,02 (*1) (p)

0,05 (*1) (p)

(i)	CITRUS FRUIT

0,02 (*1) (p)

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)	TREE NUTS (shelled or unshelled)

0,02 (*1) (p)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,02 (*1) (p)

Apples

Pears

Quinces

Others

(iv)	STONE FRUIT

0,02 (*1) (p)

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v)	BERRIES AND SMALL FRUIT

0,02 (*1) (p)

(a)	Table and wine grapes

Table grapes

Wine grapes

(b)	Strawberries (other than wild)

(c)	Cane fruit (other than wild)

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d)	Other small fruit and berries (other than wild)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

(e)	Wild berries and wild fruit

(vi)	MISCELLANEOUS

Avocados

Bananas

0,05 (p)

Dates

Figs

Kiwi

Kumquats

Litchis

Mangoes

Olives

Passion fruit

Pineapples

Papaya

Others

0,02 (*1) (p)

2.	Vegetables, fresh or uncooked, frozen or dry

0,05 (*1) (p)

0,02 (*1) (p)

0,05 (*1) (p)

(i)	ROOT AND TUBER VEGETABLES

Beetroot

Carrots

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii)	BULB VEGETABLES

Garlic

Onions

Shallots

Spring onions

Others

(iii)

FRUITING VEGETABLES

(a)

Solanacea

Tomatoes

Peppers

Aubergines

Others

(b)	Cucurbits — edible peel

Cucumbers

Gherkins

Courgettes

Others

(c)	Cucurbits — inedible peel

Melons

Squashes

Watermelons

Others

(d)	Sweet corn

(iv)	BRASSICA VEGETABLES

(a)	Flowering brassica

Broccoli

Cauliflower

Others

(b)	Head brassica

Brussels sprouts

Head cabbage

Others

(c)	Leafy brassica

Chinese cabbage

Kale

Others

(d)

Kohlrabi

(v)	LEAF VEGETABLES AND FRESH HERBS

(a)	Lettuce & similar

Cress

Lamb's lettuce

Lettuce

Scarole

Others

(b)	Spinach & similar

Spinach

Beet leaves (chard)

Others

(c)	Water cress

(d)

Witloof

(e)

Herbs

Chervil

Chives

Parsley

Celery leaves

Others

(vi)	LEGUME VEGETABLES (fresh)

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii)

STEM VEGETABLES (fresh)

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leek

Rhubarb

Others

(viii)

FUNGI

(a)	Cultivated mushrooms

(b)	Wild mushrooms

Pulses

0,05 (*1) (p)

0,02 (*1) (p)

0,05 (*1) (p)

Beans

Lentils

Peas

Others

Oil seed

0,05 (*1) (p)

0,02 (*1) (p)

0,05 (*1) (p)

Linseed

Peanuts

Poppy seeds

Sesame seeds

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Others

Potatoes

0,05 (*1) (p)

0,1 (p)

0,02 (*1) (p)

0,05 (*1) (p)

Early potatoes

Ware potatoes

6.	Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

0,1 (*1) (p)

0,05 (*1) (p)

0,1 (*1) (p)

7.	Hops (dried), including hop pellets and unconcentrated powder

0,1 (*1) (p)

0,05 (*1) (p)

0,1 (*1) (p)

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

ANNEX VI

Groups and examples of individual products to which the MRLs apply

Propiconazole

Iprodione

Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

(i)	CITRUS FRUIT

0,05 (*1) (p)

Grapefruit

Lemons

5 (p)

Limes

Mandarins (including clementines and other hybrids)

1 (p)

Oranges

Pomelos

Others

0,02 (*1) (p)

(ii)	TREE NUTS (shelled or unshelled)

0,05 (*1) (p)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

0,2 (p)

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

0,02 (*1) (p)

(iii)

POME FRUIT

0,05 (*1) (p)

5 (p)

Apples

Pears

Quinces

Others

(iv)	STONE FRUIT

3 (p)

Apricots

0,2 (p)

Cherries

Peaches (including nectarines and similar hybrids)

0,2 (p)

Plums

Others

0,05 (*1) (p)

(v)	BERRIES AND SMALL FRUIT

0,05 (*1) (p)

(a)	Table and wine grapes

10 (p)

Table grapes

Wine grapes

(b)	Strawberries (other than wild)

15 (p)

(c)	Cane fruit (other than wild)

10 (p)

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d)	Other small fruit and berries (other than wild)

10 (p)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

(e)	Wild berries and wild fruit

0,02 (*1) (p)

(vi)	MISCELLANEOUS

Avocados

Bananas

0,1 (p)

Dates

Figs

Kiwi

5 (p)

Kumquats

Litchis

Mangoes

Olives

Passion-fruit

Pineapples

Papaya

Others

0,05 (*1) (p)

0,02 (*1) (p)

Vegetables, fresh or uncooked, frozen or dry

(i)	ROOT AND TUBER VEGETABLES

0,05 (*1) (p)

Beetroot

Carrots

0,3 (p)

Celeriac

0,3 (p)

Horseradish

0,1 (p)

Jerusalem artichokes

Parsnips

0,3 (p)

Parsley root

Radishes

0,3 (p)

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

0,02 (*1) (p)

(ii)	BULB VEGETABLES

0,05 (*1) (p)

Garlic

0,2 (p)

Onions

0,2 (p)

Shallots

0,2 (p)

Spring onions

3 (p)

Others

0,02 (*1) (p)

(iii)

FRUITING VEGETABLES

0,05 (*1) (p)

(a)

Solanacea

5 (p)

Tomatoes

Peppers

Aubergines

Others

(b)	Cucurbits — edible peel

2 (p)

Cucumbers

Gherkins

Courgettes

Others

(c)	Cucurbits — inedible peel

1 (p)

Melons

Squashes

Watermelons

Others

(d)	Sweet corn

0,02 (*1) (p)

(iv)	BRASSICA VEGETABLES

0,05 (*1) (p)

(a)	Flowering brassica

0,1 (p)

Broccoli

Cauliflower

Others

(b)	Head brassica

Brussels sprouts

0,5 (p)

Head cabbage

5 (p)

Others

0,02 (*1) (p)

(c)	Leafy brassica

Chinese cabbage

5 (p)

Kale

Others

0,02 (*1) (p)

(d)

Kohlrabi

0,02 (*1) (p)

(v)	LEAF VEGETABLES AND FRESH HERBS

0,05 (*1) (p)

(a)	Lettuce & similar

10 (p)

Cress

Lamb's lettuce

Lettuce

Scarole

Others

(b)	Spinach and similar

0,02 (*1) (p)

Spinach

Beet leaves (chard)

Others

(c)	Water cress

0,02 (*1) (p)

(d)

Witloof

0,2 (p)

(e)

Herbs

10 (p)

Chervil

Chives

Parsley

Celery leaves

Others

(vi)	LEGUME VEGETABLES (fresh)

0,05 (*1) (p)

Beans (with pods)

5 (p)

Beans (without pods)

Peas (with pods)

2 (p)

Peas (without pods)

0,3 (p)

Others

0,02 (*1) (p)

(vii)

STEM VEGETABLES (fresh)

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leek

0,1 (p)

Rhubarb

0,2 (p)

Others

0,05 (*1) (p)

0,02 (*1) (p)

(viii)

FUNGI

0,05 (*1) (p)

0,02 (*1) (p)

(a)	Cultivated mushrooms

(b)	Wild mushrooms

Pulses

0,05 (*1) (p)

0,2 (p)

Beans

Lentils

Peas

Others

Oil seed

Linseed

0,5 (p)

Peanuts

0,2 (p)

Poppy seeds

Sesame seeds

Sunflower seed

0,5 (p)

Rape seed

0,5 (p)

Soya bean

Mustard seed

Cotton seed

Others

0,1 (*1) (p)

0,02 (*1) (p)

Potatoes

0,05 (*1) (p)

0,02 (*1) (p)

Early potatoes

Ware potatoes

6.	Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

0,1 (*1) (p)

7.	Hops (dried), including hop pellets and unconcentrated powder

0,1 (*1) (p)

(*1) Indicates lower limit of analytical determination.

(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009.

24.8.2005

Official Journal of the European Union

L 219/47

COMMISSION DECISION

of 23 August 2005

determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer

(notified under document number C(2005) 468)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)

(2005/625/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (1), and in particular Article 3(2)(ii) thereof,

Whereas:

(1)

Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production and import respectively of methyl bromide for all uses after 31 December 2004 except, among others, for critical uses in accordance with Article 3(2)(ii) and the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives.

(2)

Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demonstrate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes.

(3)

The Commission received 84 proposals for critical uses of methyl bromide from 10 Member States including Belgium (60 825 kg), France (467 135 kg), Germany (45 250 kg), Greece (227 280 kg), Italy (2 298 225 kg), Poland (44 100 kg), Portugal (130 000 kg), Spain (1 059 000 kg), the Netherlands (120 kg) and the United Kingdom (140 408 kg). A total of 4 472 343 kg was requested, comprising 4 111 640 kg (92 %) for pre-harvest uses and 360 703 kg (8 %) for post-harvest uses of methyl bromide.

(4)

The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2005. The Commission found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 2 777 333 kg of methyl bromide can be used in 2005 to satisfy critical uses in each of these Member States. This amount equates to 14,4 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 85 % of the methyl bromide has been replaced by alternatives. The critical-use categories are similar to those defined in Annex II Table A of the reports of the First Extraordinary Meeting of the Parties to the Montreal Protocol (2), and in Table 1A of Decision XVI/2 at the Sixteenth Meeting of the Parties to the Montreal Protocol (3).

(5)

Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) of Regulation (EC) No 2037/2000 requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide, and as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely, rather than for example farmers or mill owners that are generally not qualified to apply methyl bromide but who own properties on which it will be applied.

(6)

Decision IX/6 states that production and consumption of methyl bromide for critical uses should be permitted only if methyl bromide is not available from existing stocks of banked or recycled methyl bromide. Article 3(2)(ii) of Regulation (EC) No 2037/2000 states that production and importation of methyl bromide shall be allowed only if no recycled or reclaimed methyl bromide is available from any of the Parties. In accordance with Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000, the Commission determined that 205 926 kg of stocks are available for critical uses. The European Commission has put in place licensing procedures to ensure stocks are used before methyl bromide is authorised for importation or production.

(7)	As critical uses of methyl bromide apply from 1 January 2005, and for the purpose of ensuring that interested companies and operators may benefit from the licensing system, it is appropriate that this present decision shall apply from that date.

(8)	The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of The Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland shall be permitted to use a total of 2 777 333 kg of methyl bromide for critical uses from 1 January to 31 December 2005 for the specific quantities and categories of use described in Annexes I to X.

Article 2

Stocks declared available for critical uses by the competent authority of each Member State shall be deducted from the amount that can be imported or produced to satisfy critical uses in that Member State.

Article 3

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.

Article 4

This Decision shall apply from 1 January 2005 and shall expire on 31 December 2005.

Done at Brussels, 23 August 2005.

For the Commission

Stavros DIMAS

Member of the Commission

(1) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).

(2) UNEP/OzL.Pro.ExMP/1/3. First Extraordinary Meeting of the Parties to the Montreal Protocol, held 24-26 March 2004 in Montreal, Canada. www.unep.org/ozone/Meeting_Documents/mop/index.asp

(3) UNEP/OzL.Pro.16/Dec XVI/2. Sixteenth Meeting of the Parties to the Montreal Protocol, held 22-26 November 2004 in Prague, Czech Republic. www.unep.org/ozone

ANNEX I

KINGDOM OF BELGIUM

Categories of permitted critical uses	Kg
Greenhouse soil-bound lettuce cultivation	23 000
Endive cultivation	2 190
Greenhouse soil-bound tomato cultivation	4 846
Greenhouse soil-bound pepper and eggplant cultivation	3 000
Greenhouse soil-bound cucumber cultivation	549
Open-field white asparagus cultivation	225
Strawberry runner cultivation	2 306
Berryfruit (all except strawberry, replant)	1 350
Open-field, soil-bound leek and onion seeding fields only	660
Cut-flowers protected (except rose and chrysanthemum)	2 794
Protected, cut-flower chrysanthemum cultivation	896
Open-field, soil-bound nursery stock cultivation	630
Open-field, soil-bound tree nursery	230
Flour mills (17 mills)	4 264
Immovable antique structures and furniture (Axel Vervoort; Gemeentebestuur Bonheiden)	199
Old buildings (classified monuments and private houses)	438
Structures and objects (churches, houses, food processing structures) excluding moveable objects	307
Old buildings (ancient objects, roof structures and fixed furniture in historical constructions — Prohygiena enterprise)	282
Woodworking premises (six premises)	101
Food processing premises (21 facilities)	300
Mills (25 mills)	200
Flour mill (Bloemmolens Diksmuide)	72
Food storage (dry), structure (17 facilities)	120
Sensitive electronic equipment	50
Empty silos (owned by 37 enterprises)	43
Food processing premises (one mill — Molens Vandenbempt)	15
Churches, monuments and ships’ quarters (Bugbusters)	59
Total	49 126

Stocks of methyl bromide available for critical uses in the Member State = 2 848 kg.

ANNEX II

FRENCH REPUBLIC

Categories of permitted critical uses	Kg
Tomato and eggplant (protected and open field)	33 250
Cucumber (protected and open field)	21 140
Specialist sandy-soil carrots (grown in Brittany, harvested by hand and susceptible to Fusarium solani and Rhizoctonia violacea)	8 000
Strawberry runners	37 600
Strawberry fruit produced for the Perigord label	34 000
Ranunculus, anemone, paeonia and lily-of-the-valley open-field	21 785
Replant in apple, pear, peach, nectarine, apricot, plum and raspberry	10 000
Forest tree nursery — Douglas fir trees for truffle production	2 000
Orchard nursery	2 000
Seeds sold by PLAN-SPG company	135
Mills	21 440
Rice end-of-line rapid disinfestation	1 400
Chestnuts	2 000
Total	194 750

Stocks of methyl bromide available for critical uses in the Member State = 14 280 kg.

ANNEX III

FEDERAL REPUBLIC OF GERMANY

Categories of permitted critical uses	Kg
Food processing structures, especially mills, with fumigation sites larger than 10 000 m3	19 350
Artefacts (Disinfestation of Serpula lacrimans dry-rot fungus in churches)	250
Total	19 600

Stocks of methyl bromide available for critical uses in the Member State = 7 000 kg.

ANNEX IV

HELLENIC REPUBLIC

Categories of permitted critical uses	Kg
Tomato (protected)	92 000
Cucumber (protected including tunnels added after treatment, permanent glasshouses and open-ended polyhouses)	24 000
Carnation, rose and gypsophila cut-flowers (open-field and protected)	8 000
Mills, food processing structures, processors	16 000
Raisin and dried figs	3 081
Total	143 081

Stocks of methyl bromide available for critical uses in the Member State = 0 kg.

ANNEX V

ITALIAN REPUBLIC

Categories of permitted critical uses	Kg
Tomato (protected)	671 000
Cut-flowers (protected)	162 000
Strawberry fruit (protected)	130 000
Melon (protected)	112 000
Pepper (protected)	111 000
Eggplant (protected)	96 000
Strawberry runners	78 000
Mills and processors	89 600
Museum artefacts	4 180
Total	1 453 780

Stocks of methyl bromide available for critical uses in the Member State = 167 474 kg.

ANNEX VI

REPUBLIC OF POLAND

Categories of permitted critical uses	Kg
Medicinal herbs and dried mushrooms as dry commodities	3 500
Strawberry runners	34 600
Total	38 100

Stocks of methyl bromide available for critical uses in the Member State = 210 kg.

ANNEX VII

PORTUGUESE REPUBLIC

Categories of permitted critical uses	Kg
Cut-flowers (protected and open-field)	35 000
Total	35 000

Stocks of methyl bromide available for this critical use in the Member State = 0 kg.

ANNEX VIII

KINGDOM OF SPAIN

Categories of permitted critical uses	Kg
Strawberry runners (in Castilla y León)	230 000
Strawberry fruit (protected, in Huelva)	330 000
Peppers (protected, in Murcia and south of Comunidad Valenciana)	150 000
Cut-flowers (protected, in Cadiz and Sevilla)	47 700
Cut-flowers in Cataluña	18 000
Total	775 700

Stocks of methyl bromide available for critical uses in the Member State = 8 309 kg.

ANNEX IX

KINGDOM OF THE NETHERLANDS

Categories of permitted critical uses	Kg
Post-harvest disinfestation of strawberry runners	120
Total	120

Stocks of methyl bromide available for this critical use in the Member State = 250 kg.

ANNEX X

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Categories of permitted critical uses	Kg
Strawberry fruit and raspberry (open field)	35 700
Ornamental tree production for control of Verticillium wilt	5 000
Mills (46); and wheat, maize and rice buildings operated by Quaker Oats, Kelloggs, Weetabix Ltd, Ryecroft and EOM	18 326
Dried commodities (nuts, dried fruit, rice, beans, cereal grains, edible seeds) for Whitworths Ltd	1 571
Mill, associated biscuit food processing, finished product and storage areas operated by Ryvita Company Ltd (Dorset)	1 787
Structures — facilities and equipment, processing and storage operated by Whitworths Ltd	880
Structures — spices building operated by Newly Weds Foods Ltd	1 125
Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd)	1 000
Processing plants associated with herbs and spices operated by British Pepper and Spice Ltd, Lion Foods, and East Anglian Food Ingredients	1 080
Specialised cheese stores	1 561
Occasionally-infested spice products (including pappadams) processed by McCormick (UK) Ltd, British Pepper and Spice Ltd, East Anglian Food Ingredients and Pataks Foods Ltd	46
Total	68 076

Stocks of methyl bromide available for critical uses in the Member State = 6 554 kg.

		ISSN 1725-2555
Official Journal of the European Union		L 219

English edition	Legislation	Volume 48 24 August 2005

Contents		I Acts whose publication is obligatory	page
		Commission Regulation (EC) No 1373/2005 of 23 August 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
	*	Commission Regulation (EC) No 1374/2005 of 23 August 2005 opening a standing invitation to tender for the export of barley held by the Slovak intervention agency	3
	*	Commission Regulation (EC) No 1375/2005 of 23 August 2005 opening a standing invitation to tender for the export of barley held by the Czech intervention agency	9
	*	Commission Regulation (EC) No 1376/2005 of 23 August 2005 opening a standing invitation to tender for the export of barley held by the Swedish intervention agency	15
	*	Commission Regulation (EC) No 1377/2005 of 23 August 2005 opening a standing invitation to tender for the export of barley held by the Finnish intervention agency	21
	*	Commission Regulation (EC) No 1378/2005 of 22 August 2005 amending for the 52nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001	27
	*	Commission Directive 2005/48/EC of 23 August 2005 amending Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for certain pesticides in and on cereals and certain products of animal and plant origin ( 1 )	29

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	052	92,9
0702 00 00	999	92,9
0707 00 05	052	83,1
0707 00 05	999	83,1
0709 90 70	052	78,8
	528	57,8
	999	68,3
0805 50 10	382	63,0
	388	62,1
	524	56,7
	528	49,0
	999	57,7
0806 10 10	052	97,9
	220	156,4
	400	196,3
	624	184,2
	999	158,7
0808 10 80	388	76,5
	400	72,5
	404	91,1
	508	64,8
	512	74,6
	528	77,0
	720	30,6
	804	77,2
	999	70,5
0808 20 50	052	104,0
	388	76,6
	512	9,9
	528	33,1
	999	55,9
0809 30 10 , 0809 30 90	052	97,4
0809 30 10 , 0809 30 90	999	97,4
0809 40 05	052	77,4
	624	65,0
	999	71,2

	II Acts whose publication is not obligatory
	Commission
*	Commission Decision of 3 August 2005 on the extension of the limited recognition of the Hellenic Register of Shipping (notified under document number C(2005) 2940) ( 1 )	43
*	Commission Decision of 22 August 2005 concerning a derogation on the marking of pigmeat and its subsequent use for certain holdings in a surveillance zone of African swine fever in Sardinia, Italy (notified under document number C(2005) 3161)	45
*	Commission Decision of 23 August 2005 determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (notified under document number C(2005) 468)	47

Serial numbers of tenderers

Lot number

Quantity in tonnes

Tender prices

(EUR/tonne) (1)

Increases (+)

Reductions (–)

(EUR/tonne)

(p.m.)

Commercial costs (2)

(EUR/tonne)

Destination