(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)

Specific measures to help tobacco growers to switch to other crops or other economic activities are financed by the Community Tobacco Fund, provided for by Article 13 of Regulation (EEC) No 2075/92.

(2)

Community Tobacco Fund appropriations deriving from the deduction applied to the premium for raw tobacco for the 2005 harvest are available to finance conversion measures in 2006.

(3)

Article 15(1) of Commission Regulation (EC) No 2182/2002 (2) defines the beneficiaries of individual measures to promote a switch of production as tobacco producers whose quota has been irrevocably bought back under the buy-back programme provided for in Article 14(1) of Regulation (EEC) No 2075/92.

(4)

The quota buy-back programme was abolished by Council Regulation (EC) No 1679/2005 of 6 October 2005 amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco from 22 October 2005. Consequently, participation in the buy-back programme can no longer be a criterion for eligibility for measures financed from the Community Tobacco Fund.

(5)

Producers eligible for the production aid for tobacco provided for in Chapter 10c of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3), located in a region in which that Chapter is applied and who leave the sector and renounce their right to the aid, should be offered the possibility of benefiting from conversion measures.

(6)

The provisions on calculating the total Community aid for conversion measures per producer holding a production quota for the 2005 harvest in accordance with Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector (4) should also be amended.

(7)

To allow Member States sufficient time to draw up their projected financing plans for 2006 for conversion measures, the deadlines for notification of the plans to the Commission and, consequently, for the definitive allocation of resources among Member States should be extended.

(8)

The provisions laying down the criteria on the basis of which the Commission fixes the indicative allocation between the Member States of financing under the Community Tobacco Fund and the provisions on penalties in the event of irregularities should also be amended.

(9)

To give the Member States sufficient time to implement the projects, in particular general interest measures and studies provided for in Article 14 of Regulation (EC) No 2182/2002 relating to crop trials lasting two years, they should be allowed the possibility of extending the two-year period initially specified by six months.

(10)

Regulation (EC) No 2182/2002 should be amended accordingly.

(11)

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

1.

Article 15(1) is replaced by the following:

(*1)   OJ L 270, 21.10.2003, p. 1.’ "

2.

Article 16(2) is replaced by the following:

3.

Article 17(2), (3) and (4) is replaced by the following:

4.

The following paragraph 3 is added to Article 19:

5.

Article 22(1) is replaced by the following:

(1)

Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 1808/2005 (2).

(2)

Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified, to make no award.

(3)

On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.

(4)

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

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened pursuant to Commission Regulation (EC) No 1809/2005 (2).

(2)

Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3), the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4)

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

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

(4)

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

(1)

An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 1059/2005 (2).

(2)

In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.

(4)

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

(1)

On 23 October 2000 the Council authorised the Commission to negotiate an Agreement on trade in wine between the European Community and the United States of America.

(2)

The negotiations have been concluded and the Agreement between the European Community and the United States of America on trade in wine as well as an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to trade in wine was initialed by both Parties on 14 September 2005.

(3)

Certain derogations from the Community rules relating to wine-making practices and certain certification practices are provided for in particular in Council Regulation (EC) No 1037/2001 of 22 May 2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999 (1) and in Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (2) in favour of wines originating in the United States.

(4)

The derogations will expire on 31 December 2005. Articles 4 and 9 of the Agreement on trade in wine will continue to treat wines originating in the United States in the same way but, in accordance with Article 17(2) of that Agreement, these provisions will only apply from the first day of the second month following receipt of the written notice referred to in Article 6(3) of that Agreement.

(5)

It was therefore necessary to negotiate a separate Agreement in the form of an Exchange of Letters to cover the period from 31 December 2005 until the date of application of Articles 4 and 9 of the Agreement on trade in wine.

(6)

The Agreement in the form of an Exchange of Letters should therefore be approved.

(7)

In order to facilitate the implementation of the Agreement in the form of an Exchange of Letters, the Commission should be authorised to adopt the necessary measures for its implementation, in accordance with the procedure laid down in Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (3), including any necessary prolongation of the derogation provided for in Regulation (EC) No 1037/2001,

(1)

Commission Decision 2004/614/EC of 24 August 2004 concerning protection measures in relation to highly pathogenic avian influenza in the Republic of South Africa (3) was adopted in response to outbreaks of avian influenza in ratites in South Africa.

(2)

The Republic of South Africa has now declared itself free of avian influenza and has sent a final report on the animal health situation to the Commission with a request to amend Decision 2004/614/EC accordingly.

(3)

The information contained in the final report shows clearly that the outbreak in the Republic of South Africa has been contained and that the disease is no longer present in the country. The protection measures in respect of the Republic of South Africa are therefore no longer necessary.

(4)

Decision 2004/614/EC should therefore be repealed.

(5)

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