(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)

Chapter 2, paragraph 6 of Annex 11 (3) to the 1944 Chicago Convention on International Civil Aviation requires the classification of airspace into air traffic services airspaces of defined dimensions, alphabetically designated from Class A to Class G, within which specific types of flights may operate and for which air traffic services and rules of operation are specified.

(2)

The European Organisation for the Safety of Air Navigation (Eurocontrol) has been mandated, in accordance with Article 8(1) of Regulation (EC) No 549/2004, to examine a harmonised airspace classification scheme for the Single European Sky. The resulting mandate reports of 30 December 2004 and 30 April 2005 proposed the introduction of Class C Airspace as the appropriate classification for airspace above flight level 195. This Regulation takes full account of those reports. With a view to being consistent in the application by the Member States of such a classification, it is necessary to establish a harmonised airspace classification and provide for the access of flights operated under visual flight rules to it.

(3)

Whilst no upper limit of the airspace is specified in this Regulation, airspace classification above flight level 195 should be consistent for all flights carried out in such airspace.

(4)

Chapter 4, paragraph 5 of Annex 2 (4) to the 1944 Chicago Convention on International Civil Aviation introduces restrictions related to Reduced Vertical Separation Minimum Areas for flights operated under visual flight rules (VFR flights) above flight level 290, while paragraph 4 of that Chapter provides that VFR flights above flight level 200 require authorisation.

(5)

The procedures for authorising access of VFR flights to airspace above flight level 195, up to and including flight level 285, need to be open and transparent across all Member States without restricting legitimate access of VFR flights or the flexibility of air traffic services.

(6)

Member States should ensure a safe transition towards the classification of airspace above flight level 195 as Class C Airspace. As Member States require time to change their airspace classification, the application of this Regulation should be deferred until 1 July 2007.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

1.

‘airspace reservation’ means a defined volume of airspace temporarily reserved for exclusive or specific use by categories of users;

2.

‘air traffic services unit’ means a unit, civil or military, responsible for providing air traffic services;

3.

‘instrument flight rules flights’ (IFR flights) means any flights operated under instrument flight rules as defined in Annex 2 (5) to the 1944 Chicago Convention on International Civil Aviation;

4.

‘flights operated under visual flight rules’ (VFR flights) means any flights operated under visual flight rules as defined in Annex 2 (6) to the 1944 Chicago Convention on International Civil Aviation;

5.

‘airspace classification’ means the classification of airspace into air traffic services airspaces of defined dimensions, alphabetically designated, and within which specific types of flights may operate and for which air traffic services and rules of operation are specified; air traffic services airspaces are classified as Class A to G as defined by Chapter 2, paragraph 6.1. of Annex 11 (7) to the Chicago Convention on International Civil Aviation.

(1)

Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.

(3)

Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.

(4)

The import duties are applicable until new duties are fixed and enter into force.

(5)

In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.

(6)

Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 639/2006 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

(1)

Outbreaks of classical swine fever have occurred in Germany.

(2)

In view of the trade in live pigs and certain pig products, those outbreaks are liable to endanger the herds of other Members States.

(3)

Germany has taken measures within the framework of Council Directive 2001/89/EC (2) on Community measures for the control of Classical Swine Fever.

(4)

Commission Decision 2006/274/EC of 6 April 2006 concerning certain protection measures relating to classical swine fever in Germany and repealing Decision 2006/254/EC (3) was adopted in order to maintain and extend the measures taken by Germany pursuant to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (4).

(5)

The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (5).

(6)

The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (6).

(7)

The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (7).

(8)

Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever (8) provides for risk adapted surveillance protocols.

(9)

Germany has additionally prohibited on 6 May 2006 until 16 May 2006 the movement of pigs with the exception of pigs for immediate slaughter from and to holdings located in part of the territory of North Rhine-Westphalia following the suspicion of classical swine fever in a farm located in North Rhine-Westphalia.

(10)

Based on the information provided by Germany it is appropriate to review the protective measures relating to classical swine fever in Germany in particular for the territory of North Rhine-Westphalia.

(11)

It is also appropriate to lift the measures for the territory of Germany outside North Rhine-Westphalia. Germany should for intra-community trade of pigs however certify that the holding of origin did not receive pigs since 15 January 2006 from a holding located in North Rhine-Westphalia.

(12)

Council Decision 90/424/EEC on expenditure in the veterinary field (9) establishes in Article 3(4) that the Commission may lay down any measures which the Member State concerned must take in order to ensure the success of the action; it appears appropriate that all pig holdings in the protection zone of a confirmed outbreak in the municipality of Borken in North Rhine Westphalia should be preventively depopulated.

(13)

Decision 2006/274/EC should be repealed.

(14)

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

1.

No pigs are dispatched from the areas listed in Annex I to other Member States and to third countries.

2.

No pigs are dispatched to other Member States and to third countries from holdings of its territory outside the areas listed in Annex I that have received pigs since 15 January 2006 from a holding located in North Rhine-Westphalia.

(a)

porcine semen, unless the semen originates from boars kept at a collection centre referred to in Article 3(a) of Directive 90/429/EEC and situated outside the areas listed in Annex I(A);

(b)

ova and embryos of swine, unless the ova and embryos originate from swine kept at a holding situated outside the areas listed in Annex I(A).

(a)

Directive 64/432/EEC accompanying pigs dispatched from Germany must be completed by the following:

‘Animals in accordance with Commission Decision 2006/346/EC of 15 May 2006 concerning certain protection measures relating to classical swine fever in Germany’.

(b)

Directive 90/429/EEC accompanying semen from boars dispatched from Germany must be completed by the following:

‘Semen in accordance with Commission Decision 2006/346/EC of 15 May 2006 concerning certain protection measures relating to classical swine fever in Germany’.

(c)

Decision 95/483/EC accompanying ova and embryos of swine dispatched from Germany must be completed by the following:

‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision 2006/346/EC of 15 May 2006 concerning certain protection measures relating to classical swine fever in Germany’.

1.

vehicles which have been used for the transport of pigs in areas listed in Annex I(A) or have entered a holding where pigs are kept in areas listed in Annex I(A) are cleaned and disinfected twice after each operation;

2.

the transporters furnish proof to the competent authority of such disinfection.