(1)

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

(2)

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

(1)

Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

(2)

Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(3)

Pursuant to Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned.

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

(5)

In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

(6)

The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

(7)

Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

(8)

In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

(9)

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

(1)

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

(2)

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

(1)

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

(2)

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

(1)

Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

According to Article 30 of the said Regulation, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. The amount of the processing security shall also be fixed taking account of the difference between the market price of skimmed-milk powder and the minimum selling price.

(3)

In the light of the tenders received, the minimum selling price should be fixed at the level specified below and the processing security determined accordingly.

(4)

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

(1)

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

(2)

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

(3)

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

(4)

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

(1)

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

(2)

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

(3)

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

(4)

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

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 214/2001.

(3)

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

(4)

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

(1)

Directive 70/221/EEC is one of the separate Directives in the context of the Community type-approval procedure laid down in Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 70/221/EEC.

(2)

In order to increase the level of protection, rear underrun protection devices should be required to withstand increased force levels, and account should be taken of vehicles using air suspension units.

(3)

In view of technical progress, and the advances made in vehicle use with regard to the installation of vehicle platform lifts, it is appropriate that account be taken of platform lifts in the context of the installation of rear underrun protection devices.

(4)

Directive 70/221/EEC should therefore be amended accordingly.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up under Article 13(1) of Directive 70/156/EEC,

(1)

In accordance with Declaration XVIII to the ACP-EC Partnership Agreement, out of the total amount of EUR 13 500 000 000 of the ninth EDF for ACP countries, only EU 12 500 000 000 were released upon the entry into force of the Financial Protocol on 1 April 2003.

(2)

The Council decided that, in the light of the outcome of the mid-term reviews of the country strategies and of the performance review of the EDF it would decide by the end of 2005 on the mobilisation of a second allocation of EUR 250 000 000 for the Water Facility and on the use of the remaining EUR 500 000 000 of the conditional EUR 1 000 000 000 for purposes to be agreed.

(3)

The ninth EDF, including the balances transferred from the previous EDFs, will be entirely committed by the end of 2007 without allowing the Community to fully comply with its international commitments and to respond to new international initiatives.

(4)

A selection of proposals has been made for the total amount of EUR 482 000 000 on the basis of the obligations resulting from the ACP-EC Partnership Agreement and on the basis of the so far unmet joint ACP-EC commitments on the international scene, taking into account the principles of urgency and poverty focus, concentration of aid and absorption capacity.

(5)

Under the existing implementation modalities of the Centre for the Development of the Enterprise (CDE) and the Technical Centre for Agriculture and Rural Cooperation (CTA) the annual budgetary needs are estimated at respectively EUR 18 000 000 and EUR 14 000 000. It is therefore proposed to earmark EUR 32 000 000 out of the long-term development envelope released from the remaining conditional billion in resources to cover the functioning of the CDE and CTA during the year 2006, in compliance with Annexes I and III to the ACP-EC Partnership Agreement.

(6)

Considering the high expectations generated by the launch of the EU Energy Initiative, the crucial contribution of energy to the achievement of the MDGs, and the critical importance for the poor of access to cost-effective and environmentally sound energy services, it is therefore suggested that the proposed ACP/EU Energy Facility be financed with an indicative amount of EUR 220 000 000 from the conditional balances and that the totality of this amount be transferred to the intra-ACP envelope for this purpose.

(7)

To contribute to reducing the vulnerability of the ACP beneficiary countries to commodity shocks it is proposed to earmark an indicative amount of up to EUR 25 000 000 from the remaining balance of the conditional EUR 1 000 000 000 to contribute to the international commodity risk management financing facility in line with Article 68(5) of the ACP-EC Partnership Agreement and to transfer the entire amount to the intra-ACP envelope for this purpose.

(8)

It is proposed to put aside an indicative amount of EUR 30 000 000 from the remaining balance of the conditional EUR 1 000 000 000 to contribute to the initial phase of a capacity building programme to help the ACP adapt to the new Community sanitary and phytosanitary rules and to transfer the entire amount to the intra-ACP envelope for this purpose.

(9)

To contribute to a pan-African support programme, it is proposed to earmark an indicative amount of up to EUR 50 000 000 from the remaining balance of the conditional EUR 1 000 000 000, and to transfer the amount to the intra-ACP envelope for this purpose.

(10)

The ‘Education for all’ Fast Track Imitative primarily relies on existing funding mechanisms in partner countries. As it proved impossible to provide support to the FTI in a systematic way through the 2004 national mid-term review exercise, it is proposed that an indicative amount of EUR 63 000 000 be contributed to the Fast Track Initiative from the remaining balances of the conditional billion and that the amount be transferred to the intra-ACP for this purpose.

(11)

Having regard to the agreement within the ACP-EC Council of Ministers on 24 June 2005, it is proposed to use EUR 62 000 000 for the World Fund to fight HIV/AIDS, tuberculosis and malaria,

(a)

EUR 352 000 000 to the envelope for support for long-term development, referred to in paragraph 3(a) of the Financial Protocol;

(b)

EUR 48 000 000 to the envelope for regional cooperation and integration, referred to in paragraph 3(b) of the Financial Protocol;

(c)

EUR 82 000 000 to the Investment Facility, referred to in paragraph 3(c) of the Financial Protocol.

(a)

up to EUR 220 000 000 to the EU Energy Initiative;

(b)

up to EU 25 000 000 for the contribution to the International Commodity Risk Management Financing Facility in favour of the ACP countries;

(c)

an indicative amount of EUR 30 million to assist the ACP countries in adapting to the new EU sanitary and phytosanitary rules;

(d)

up to EUR 50 000 000 to strengthen the African Union in the implementation of its pan-African mandate;

(e)

an indicative amount of EUR 63 000 000 as a contribution to the ‘Education for All’ Fast Track Initiative;

(f)

up to EUR 62 000 000 for the contribution to the World Fund to fight HIV/AIDS, tuberculosis and malaria;

(g)

EUR 32 000 000 coming from the envelope for support for long-term development referred to in paragraph 3(a)(i) and (ii) of the Financial Protocol shall be allocated to the financing of the budget of the Centre for Development of Enterprise (CDE) and of the Technical Centre for Agriculture and Rural Cooperation (CTA).

(1)

In accordance with the EU Declaration on the Financial Protocol, annexed as Declaration XVIII to the ACP-EC Partnership Agreement, out of the total amount of EUR 13 500 000 000 of the ninth European Development Fund (EDF) for ACP countries, only EUR 12 500 000 000 were immediately released upon the entry into force of the Financial Protocol on 1 April 2003.

(2)

On 22 March 2004 the Council of the EU agreed on the establishment of a ‘Water Facility’ for ACP countries of an amount of EUR 500 000 000 and to release a first allocation of EUR 250 000 000. This decision was taken on the basis that the level of commitments and disbursements at the end of 2003 in conjunction with forecasts for the period 2004 to 2007 presented by the Commission indicated that ninth EDF resources for ACP countries could be fully committed.

(3)

This first allocation of EUR 250 000 000 was released and distributed.

(4)

By the said decision, the Council of the EU decided, in the light of the outcome of the mid-term reviews of the country strategies and of the performance review of the EDF undertaken by the Council before the end of 2004, to decide, before the end of 2005, on the mobilisation of a second allocation of EUR 250 000 000 and the remaining EUR 500 000 000 of the conditional EUR 1 000 000 000 referred to in Article 2(2) of the Internal Agreement for purposes to be agreed,

1.

EUR 185 000 000 from the envelope for support for long-term development, referred to in paragraph 3(a) of the Financial Protocol;

2.

EUR 24 000 000 from the envelope for regional cooperation and integration, and paragraph 3(b) of the Financial Protocol;

3.

EUR 41 000 000 from the Investment Facility in paragraph 3(c) of the Financial Protocol.

(1)

The Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania is applicable for the period 1 August 2001 to 31 July 2006 (1).

(2)

In view of the scientific opinions on the state of resources in the Mauritanian EEZ and, in particular, the results of the fourth and fifth working groups of the Mauritanian Institute of Oceanographic Research and Fisheries (IMROP) and of the joint scientific working group, and in the light of the conclusions drawn from those results at the meeting of the Joint Committee held on 10 September and 15 and 16 December 2004, the two parties have decided to amend the existing fishing opportunities.

(3)

The outcome of those amendments has been the subject of an Exchange of Letters and involves a temporary reduction in the fishing effort for cephalopods (category 5), the fixing of a second closed period of one month for demersal fishing, and an increase in the number of pole-and-line tuna vessels and surface longliners (category 8) and pelagic freezer trawlers (category 9).

(4)

So that those amendments to fishing opportunities can apply as soon as possible, the Agreement should, therefore, be signed in the form of an Exchange of Letters, subject to its definitive conclusion by the Council.

(5)

The allocation of the new fishing opportunities among the Member States, as thus amended, should be confirmed,

(1)

By Decision 2002/148/EC (3), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that decision, were taken.

(2)

By Decision 2005/139/EC (4), the application of the measures referred to in Article 2 of Decision 2002/148/EC, which were extended until 20 February 2004 by Decision 2003/112/EC (5) and until 20 February 2005 by Decision 2004/157/EC (6), was extended until 20 February 2006.

(3)

The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

(4)

The period of application of the measures should therefore be extended,

(1)

Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be spread from wild birds to domestic birds, notably poultry, and from one Member State to other Member States and third countries through the international trade in live birds or their products.

(2)

Cases of highly pathological avian influenza of the subtype virus H5NI are suspected or confirmed in several Member States. The Commission has already adopted interim protection measures. Taking into account the epidemiological situation, it is appropriate to take the necessary protection measures at Community level, to prevent that disease from spreading from wild birds to poultry.

(3)

Where an H5 avian influenza virus collected from a clinical case in wild birds is isolated on the territory of a Member State and where pending the determination of the neuraminidase (N) type and of the pathogenicity index the clinical picture and the epidemiological circumstances justify the suspicion of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 or the presence of that subtype has been confirmed, the affected Member State should apply certain protection measures to minimise the risk for poultry.

(4)

The specific measures provided for in this Decision should apply without prejudice to the measures to be taken by Member States in the framework of Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (4).

(5)

In the interests of consistency, it is appropriate to apply for the purposes of this Decision certain definitions provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (5), Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (6), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (7), Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (8).

(6)

Protection and surveillance zones should be established around the place where the disease was detected in wild birds. Those zones should be limited to what is necessary to prevent virus introduction into commercial and non-commercial poultry flocks.

(7)

It is appropriate to control and restrict the movement of, in particular, live birds and hatching eggs while allowing the controlled dispatch from the zones of such birds and products of avian origin subject to certain conditions.

(8)

The measures laid down in Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (9) should be implemented in protection and surveillance zones, independently of the defined risk status of the area where highly pathogenic avian influenza is suspected or confirmed in wild birds.

(9)

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (10) provides for approved bodies, institutes and centres and a model certificate to accompany animals or their gametes between such approved premises in different Member States. A derogation from the transport restrictions should be envisaged for birds coming from and proceeding to bodies, institutes and centres approved in accordance with that Directive.

(10)

Transport of hatching eggs from the protection zones should be permitted under certain conditions. The dispatch of hatching eggs to other countries may be permitted subject in particular to compliance with the conditions referred to in Directive 2005/94/EC. In such cases the animal health certificates provided for in accordance with Directive 90/539/EEC should include a reference to this Decision.

(11)

The dispatch from protection zones of meat, minced meat, meat preparations and meat products should be permitted subject to certain conditions, in particular as regards compliance with certain requirements of Regulation (EC) No 853/2004 and of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (11).

(12)

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (12) establishes a list of treatments rendering meat from restricted areas safe, and provides for the possibility to establish a specific health mark and the health mark required for meat not authorised for placing on the market for animal health reasons. It is appropriate to permit the dispatch from the protection zones of meat bearing the health mark provided for in that Directive and meat products subjected to treatment referred to therein.

(13)

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (13) authorises the placing on the market of a range of animal by-products, such as gelatine for technical use, materials for pharmaceutical use and others, originating in areas of the Community under animal health restrictions, because those products are considered safe due to the specific conditions of production, processing and utilisation that effectively inactivate possible pathogens or prevent contact with susceptible animals.

(14)

This Decision should be reviewed in the light of the transposition of Directive 2005/94/EC by Member States.

(15)

Following the notification of cases of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 in wild avian fauna in Greece, Italy and Slovenia the Commission, in collaboration with the Member State concerned, adopted Decisions 2006/86/EC (14), 2006/90/EC (15), 2006/91/EC (16), 2006/94/EC (17), 2006/104/EC (18) and 2006/105/EC (19) concerning certain interim protection measures in relation to suspected cases of highly pathogenic avian influenza in wild birds in the respective Member State, which should be repealed.

(16)

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