(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)

Regulation (EC) No 2160/2003 lays down rules for the detection and control of salmonella in poultry. Pursuant to Article 8(1)(d) of Regulation (EC) No 2160/2003, it may be decided that specific control methods are not to be used as part of national control programmes established by Member States to achieve the Community targets set up in accordance with that Regulation.

(2)

Pursuant to Article 8(1)(a) and (b) of Regulation (EC) No 2160/2003 it may be decided that specific control methods are or may be applied for the reduction of prevalence of zoonoses and zoonotic agents at the stage of the primary production of animals and other stages in the food chain, and rules may be adopted concerning the conditions for the use of such methods.

(3)

Pursuant to Article 15 of Regulation (EC) No 2160/2003, the Commission is to consult the European Food Safety Authority (EFSA) before proposing rules on specific control methods.

(4)

The Commission consulted the EFSA on the use of antimicrobials and vaccines for the control of salmonella in poultry. Following that consultation, the EFSA issued two separate opinions on those issues on 21 October 2004.

(5)

In its opinion on the use of antimicrobials for the control of salmonella in poultry, the EFSA recommended that the use of antimicrobials should be discouraged due to public health risks associated with development, selection and spread of resistance. The use of antimicrobials should be subject to formally defined conditions that would ensure protection of public health, and must be fully justified in advance and recorded by the competent authority.

(6)

Therefore, on the basis of the opinion of the EFSA, it is appropriate to provide that antimicrobials should not be used as part of national control programmes to be adopted pursuant to Article 6 of Regulation (EC) No 2160/2003, other than in the exceptional circumstances referred to by the EFSA in its opinion.

(7)

In any circumstances, only veterinary medicinal products authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (2), or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (3), should be used.

(8)

Antimicrobial veterinary medicinal products are referred to as antimicrobials in this Regulation. Products which are authorised as feed additives in accordance with Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (4) are however also considered as antimicrobials. They should be excluded from the scope of this Regulation because the use of these additives may be a tool to limit salmonella infection by the feed while they are not associated with the development, selection and spread of resistance.

(9)

The EFSA concluded in its opinion on the use of vaccines for the control of salmonella in poultry, that vaccination of poultry is regarded as an additional measure to increase the resistance of birds against salmonella exposure and decrease the shedding.

(10)

The EFSA in its opinion also stated in particular that provided that the detection methods are able to differentiate the vaccine strains from wild strains, both currently available inactivated and live vaccines can be safely used throughout the life of the birds, except during the withdrawal period before slaughter and, with regard to live vaccines, in laying hens during production. Vaccination of layers is considered useful as a measure to reduce shedding and egg contamination, when the purpose is to reduce high prevalences. Salmonella enteritidis is the most important cause of outbreaks in humans by the consumption of eggs.

(11)

Therefore, on the basis of the opinion of the EFSA, it is appropriate to provide that currently available live vaccines should not be used as part of national control programmes to be adopted pursuant to Article 6 of Regulation (EC) No 2160/2003, in laying hens during production. Live vaccines should not be used if the manufacturer does not provide an appropriate method to distinguish bacteriologically wild-type strains of salmonella from vaccine strains.

(12)

Based on the current scientific evidence, the use of live or inactivated vaccines against Salmonella enteritidis should be mandatory in Member States with a high prevalence in order to improve public health protection. The prevalence of Salmonella enteritidis demonstrated during a baseline study in accordance with Commission Decision 2004/665/EC (5) and in the frame of the testing schemes in accordance with Article 4(2)(d) of Regulation (EC) No 2160/2003, should be used as a threshold for mandatory vaccination.

(13)

As regards breeding flocks, Commission Regulation (EC) No 1091/2005 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella (6), lays down provisions on the use of antimicrobials and vaccines as part of national control programmes for salmonella in breeding flocks of Gallus gallus.

(14)

For the sake of clarity, it is appropriate to repeal and replace Regulation (EC) No 1091/2005 by this Regulation.

(15)

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

(1)

Article 3(1)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing year for dried figs.

(2)

Article 1 of Commission Regulation (EC) No 1573/1999 of 19 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the characteristics of dried figs qualifying for aid under the production aid scheme (3) lays down the criteria which products must meet to benefit from the minimum price and payment of the aid.

(3)

The minimum price and production aid should therefore be set for the 2006/2007 marketing year in accordance with the criteria laid down respectively by Articles 6b and 6c of Regulation (EC) No 2201/96.

(4)

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

(1)

Commission Regulation (EC) No 1251/96 (2) provides for the opening and administration of tariff quotas in the poultrymeat sector.

(2)

The Agreement in the form of an Exchange of Letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (3), approved by Council Decision 2006/333/EC (4), provides for an increase of the annual import tariff quota of poultrymeat, erga omnes, of 49 tonnes for certain fresh, chilled or frozen chicken carcass, of 4 070 tonnes for fresh, chilled or frozen chicken cuts, of 1 605 tonnes for cuts of fowls and of 201 tonnes for fresh, chilled or frozen turkey meat.

(3)

The increase of the quota for cuts of fowls makes no more necessary the measure provided for in the second paragraph of Article 2 of Regulation (EC) No 1251/96.

(4)

In view of the possible accession of Bulgaria and Romania to the European Union as from 1 January 2007, it is advisable to provide for a different period for lodging the licence applications for the first quarter of the year 2007.

(5)

Regulation (EC) No 1251/96 should be amended accordingly.

(6)

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

1.

In Article 2, the second paragraph is deleted.

2.

In paragraph 1 of Article 5, the following subparagraph is added:

‘For the period of 1 January to 31 March 2007 licence applications shall be lodged during the first fifteen days of January 2007.’

3.

The Annexes are replaced by the text in the Annex to this Regulation.

(1)

The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1173/2006 (3).

(2)

Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 1173/2006,

(1)

Due to the resignation of a Deputy Director of Europol, it is necessary to appoint a Deputy Director.

(2)

The Staff Regulations applicable to Europol employees (2), and in particular their Appendix 8, establish special provisions on the procedure for the selection of the Director or a Deputy Director of Europol.

(3)

The Management Board presented the Council with a short-list of suitable applicants for appointment, together with the full file of each of those applicants, as well as the full list of the applicants.

(4)

On the basis of all relevant information provided by the Management Board, the Council wishes to appoint the applicant who, according to the Council, meets all the requirements of the vacant position of Deputy Director,

(1)

Avian influenza is an infectious viral disease in poultry and other 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 through international trade in live poultry and other birds or their products.

(2)

On 29 June 2006, South Africa confirmed an outbreak of highly pathogenic avian influenza in a ratite farm in the Western Cape Province.

(3)

The avian influenza virus strain detected during that outbreak is of subtype H5N2 and therefore different from the strain currently causing the epidemic in Asia, Northern Africa and Europe. Current knowledge suggests that the risk for public health in relation to that subtype is inferior to the risk from the strain circulating in Asia, which is an H5N1 virus subtype.

(4)

Under current Community legislation, South Africa is only authorised to export to the Community live ratites and their hatching eggs and fresh meat and meat preparations and products containing meat of those species.

(5)

In view of the animal health risk of the introduction of highly pathogenic avian influenza into the Community, it is appropriate as an immediate measure to suspend imports of live ratites and hatching eggs of these species from South Africa.

(6)

In addition, it is appropriate to suspend imports into the Community from South Africa of fresh meat of ratites and meat preparations and meat products consisting of or containing meat of those species. However, taking into account the fact that the disease was introduced on the affected farms in mid-June, it is appropriate to provide for a derogation for fresh meat and meat preparations and meat products consisting of or containing meat from such species slaughtered before 1 May 2006 subject to certain conditions.

(7)

South Africa has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to the affected part of the territory of South Africa.

(8)

Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC (3) lays down the list of third countries from which Member States may authorise the importation of certain meat products and establishes treatment regimes considered effective in inactivating the pathogens of certain animal diseases. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the product is obtained from. It is therefore appropriate that imports of meat products and meat preparations consisting of or containing meat of ratites originating in South Africa and subjected to an appropriate treatment provided for in that Decision should continue to be authorised.

(9)

As soon as South Africa has communicated further information on the disease situation concerning highly pathogenic avian influenza and the control measures taken in that respect, the measures taken at Community level in relation to the recent outbreak in South Africa should be reviewed. Accordingly, this Decision should only apply until 31 October 2006.

(10)

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

(a)

live ratites and hatching eggs of ratites;

(b)

fresh meat of ratites;

(c)

meat products and meat preparations consisting of or containing meat of ratites.

(1)

Avian influenza is an infectious viral disease in poultry and other 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 through international trade in live poultry and other birds or their products.

(2)

Following the outbreaks of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, the Commission adopted several protection measures in relation to avian influenza. Those measures included, in particular, Commission Decision 2005/758/EC of 27 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC (3). That Decision provides that Member States are to suspend imports from certain parts of Croatia of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. Decision 2005/758/EC is to apply until 31 July 2006.

(3)

Croatia has notified the Commission that the competent authorities of that country are now applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Commission Decision 2006/115/EC of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (4).

(4)

Croatia has furthermore notified the Commission that it will immediately notify the Commission of any future changes to the animal health status of Croatia, including specifically any further outbreaks of avian influenza that may occur in wild birds. The Commission will immediately inform the Member States and forward any information received from the Croatian authorities to them.

(5)

In the light of those protection measures being applied by the competent authorities of Croatia and the undertaking by Croatia to immediately notify the Commission of any future changes to its animal health status in relation to avian influenza, the protection measures applicable in Community legislation concerning outbreaks of influenza in that country should be amended to allow imports from those parts of Croatia for which the competent authority of Croatia has not established equivalent protection measures as laid down in Decision 2006/115/EC, following confirmation of avian influenza, caused by a highly pathogenic H5N1 virus strain in a wild bird.

(6)

Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC (5) lays down the list of third countries from which Member States may authorise the importation of certain meat products and establishes treatment regimes considered effective in inactivating the respective pathogens. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the product is obtained from. It appears therefore appropriate, that imports of meat products of wild feathered game originating in Croatia and treated to a temperature of at least 70 °C throughout the product should continue to be authorised.

(7)

Given the epidemiology situation in Croatia and neighbouring countries and the risk still posed by avian influenza, the protection measures provided for in this Decision should apply until 31 December 2006.

(8)

For the sake of clarity and consistency of Community legislation, Decision 2005/758/EC should be repealed and replaced by this Decision.

(9)

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

(a)

live poultry, ratites, farmed and wild feathered game, live birds other than poultry as defined in Article 1, third indent, of Commission Decision 2000/666/EC (6), including birds accompanying their owners (pet birds), and hatching eggs of these species;

(b)

fresh meat of wild feathered game;

(c)

meat preparations and meat products consisting of or containing meat of wild feathered game;

(d)

raw pet food and unprocessed feed material containing any parts of wild feathered game; and

(e)

non-treated game trophies from any birds.