(1)

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

(2)

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

(1)

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

(2)

Commission Regulation (EC) No 1065/2005 (3) has opened a standing invitation to tender for the export of 632 272 tonnes of barley held by the German intervention agency.

(3)

Germany has informed the Commission of its intervention agency’s intention to increase by 300 000 tonnes the quantity put out to tender for export. In view of this request, of the quantity available and of the market situation, the request made by Germany should be granted.

(4)

Regulation (EC) No 1065/2005 should therefore be amended.

(5)

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

(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 (EC) No 1062/2005 (3) has opened a standing invitation to tender for the export of 80 000 tonnes of common wheat held by the Austrian intervention agency.

(3)

Austria has informed the Commission of its intervention agency’s intention to increase by 44 109 tonnes the quantity put out to tender for export. In view of the quantities available and the market situation, the request made by Austria should be granted.

(4)

Regulation (EC) No 1062/2005 should therefore be amended.

(5)

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

(1)

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

(2)

However, as rye no longer benefits from intervention measures since the 2004/05 marketing year, there is no further need when reselling rye stocks either to provide for a particular destination requirement in order to prevent the risk of their being presented a second time for intervention or, should no intervention price be applicable on the day in question, to require a selling price linked to the intervention price in accordance with Article 5(1) of Regulation (EEC) No 2131/93.

(3)

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

(4)

In view of the strong demand on the internal market and the situation on that market, the stocks of rye held by the German intervention agency should be made available to the market.

(5)

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

(6)

In view of the significant financial interests at stake, the amount of the security required from the tenderers should be set at a sufficiently high level, with a consequent derogation from Article 13(4) of Regulation (EEC) No 2131/93.

(7)

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

(8)

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

(9)

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

(a)

Article 13(1) of that Regulation, tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

(b)

Article 5 of that Regulation, the minimum selling price shall be set at a level which does not disturb the cereals market.

(1)

Commission Regulation (EEC) No 1538/91 (2) introduces detailed rules for implementing Regulation (EEC) No 1906/90.

(2)

In order to protect consumers against statements that may be made with the fraudulent intention of securing higher prices than those applying to the meat of poultry reared in the ‘standard’ way, Article 10 of Regulation (EEC) No 1538/91 contains an exhaustive list of terms relating to methods of rearing. Consequently, Annex IV to that Regulation requires indications of method of rearing to comply with specific criteria.

(3)

Among the specific criteria defining the conditions in which poultrymeat may be marketed using the terms ‘Free range’, ‘Traditional free range’ and ‘Free range – total freedom’, access to open-air runs for a certain period in the life of the poultry is essential.

(4)

Restrictions, including veterinary restrictions, adopted under Community law to protect public and animal health, may restrict the access of poultry to open-air runs.

(5)

Where producers can no longer satisfy all the rearing conditions laid down in Annex IV to Regulation (EEC) No 1538/91, they must, in the interests of consumers, cease to use the optional labelling relating to the method of rearing.

(6)

In order to take account of the possible economic consequences of such temporary restrictions, which are beyond the control of producers, since the whole of the sector needs a reasonable adjustment period, especially as regards labelling, and provided that product quality is not substantially affected, provision should be made for a transitional period during which producers can continue to use the labelling relating to the method of rearing.

(7)

In the interests of consumers, the application of this derogation should be limited in time.

(8)

Specific derogations from the definitions of the different methods of rearing are needed.

(9)

Regulation (EEC) No 1538/91 should therefore be amended accordingly.

(10)

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

1.

the following introductory phrase is inserted after the title ‘Annex IV’:

‘The conditions referred to in Article 10 are as follows:’;

2.

the following subparagraph is added:

‘In the event of restrictions, including veterinary restrictions adopted under Community law to protect public and animal health, having the effect of restricting the access of poultry to open-air runs, poultry reared in accordance with the production methods described in points (c), (d) and (e) of the first subparagraph, with the exception of guinea fowls reared in percheries, may continue to be marketed with a special reference to the method of rearing for the duration of the restriction but under no circumstances for more than 12 weeks.’

(1)

Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.

(3)

It is necessary to apply this amendment as soon as possible, given the situation on the market.

(4)

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

(1)

Article 8 of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

It follows from applying these rules and criteria to the present situation on the market in poultrymeat that the refund should be fixed at an amount which would permit Community participation in world trade and would also take account of the nature of these exports and their importance at the present time.

(3)

Article 21 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down detailed rules for the application of the system of export refunds on agricultural products (2) stipulates that no refund is granted if the products are not of sound and fair marketable quality on the date on which the export declaration is accepted. In order to ensure uniform application of the rules in force, it should be stated that, in order to qualify for the refund, the poultrymeat listed in Article 1 of Regulation (EEC) No 2777/75 must bear the health mark as laid down in Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (3).

(4)

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

(1)

Annex I to Regulation (EC) No 1183/2005 lists the natural and legal persons, entities and bodies covered by the freezing of funds and economic resources under that Regulation.

(2)

On 14 December 2005, the Sanctions Committee of the United Nations Security Council amended the list of natural and legal persons, entities and bodies to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,

(1)

Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 109/2005 (1).

(2)

Commission Regulation (EC) No 521/2005 of 1 April 2005 concerning the permanent authorisation of an additive and the provisional authorisation of new uses of certain additives already authorised in feedingstuffs (2) is to be incorporated into the Agreement.

(3)

Commission Regulation (EC) No 600/2005 of 18 April 2005 concerning a new authorisation for 10 years of a coccidiostat as an additive in feedingstuffs, the provisional authorisation of an additive and the permanent authorisation of certain additives in feedingstuffs (3) is to be incorporated into the Agreement,

‘1zzi.

32005 R 0521: Commission Regulation (EC) No 521/2005 of 1 April 2005 concerning the permanent authorisation of an additive and the provisional authorisation of new uses of certain additives already authorised in feedingstuffs (OJ L 84, 2.4.2005, p. 3).

1zzj.

32005 R 0600: Commission Regulation (EC) No 600/2005 of 18 April 2005 concerning a new authorisation for 10 years of a coccidiostat as an additive in feedingstuffs, the provisional authorisation of an additive and the permanent authorisation of certain additives in feedingstuffs (OJ L 99, 19.4.2005, p. 5).’

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 116/2005 (1).

(2)

Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (2) is to be incorporated into the Agreement.

(3)

Regulation (EC) No 273/2004 repeals Council Directive 92/109/EEC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,

1.

The following point shall be added after point 15w (Directive 2004/23/EC of the European Parliament and of the Council):

2.

The text of point 15f (Council Directive 92/109/EEC) shall be deleted.

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 107/2005 (1).

(2)

Council Directive 2005/25/EC of 14 March 2005 amending Annex VI to Directive 91/414/EEC as regards plant protection products containing micro-organisms (2) is to be incorporated into the Agreement,

‘—

32005 L 0025: Council Directive 2005/25/EC (OJ L 90, 8.4.2005, p. 1).’

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 107/2005 (1).

(2)

Commission Regulation (EC) No 642/2005 of 27 April 2005 imposing testing and information requirements on the importers or manufacturers of certain priority substances in accordance with Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances (2) is to be incorporated into the Agreement,

‘12t.

32005 R 0642: Commission Regulation (EC) No 642/2005 of 27 April 2005 imposing testing and information requirements on the importers or manufacturers of certain priority substances in accordance with Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances (OJ L 107, 28.4.2005, p. 14).’

(1)

Annex XVIII to the Agreement was amended by Decision of the EEA Joint Committee No 43/2005 (1).

(2)

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (2) is to be incorporated into the Agreement.

(3)

Directive 2004/37/EC repeals Council Directive 90/394/EEC (3), which is incorporated in the Agreement and which is consequently to be repealed under the Agreement,

1.

The following point shall be inserted after point 14 (Council Directive 90/394/EEC):

2.

The text of point 14 (Council Directive 90/394/EEC) shall be deleted.

(1)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 90/2004 (1).

(2)

It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (2).

(3)

Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2005,

‘(d)

Community acts which shall take effect from 1 January 2005: