29.8.2006

Official Journal of the European Union

L 234/1

COMMISSION REGULATION (EC) No 1280/2006

of 28 August 2006

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 29 August 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 August 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

ANNEX

to Commission Regulation of 28 August 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	052	87,3
	068	147,1
	999	117,2
0707 00 05	052	93,1
0707 00 05	999	93,1
0709 90 70	052	78,7
0709 90 70	999	78,7
0805 50 10	388	81,1
	524	48,0
	528	55,1
	999	61,4
0806 10 10	052	89,4
	220	99,0
	624	139,0
	999	109,1
0808 10 80	388	100,8
	400	92,0
	508	81,8
	512	83,4
	528	69,3
	720	82,6
	800	140,1
	804	102,2
	999	94,0
0808 20 50	052	122,8
	388	92,2
	999	107,5
0809 30 10 , 0809 30 90	052	123,3
0809 30 10 , 0809 30 90	999	123,3
0809 40 05	052	82,7
	098	45,7
	624	149,1
	999	92,5

(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘ 999 ’ stands for ‘of other origin’.

29.8.2006

Official Journal of the European Union

L 234/3

COMMISSION REGULATION (EC) No 1281/2006

of 28 August 2006

derogating for 2005/06 from Regulation (EC) No 595/2004 as regards the time limit by which purchasers and producers must pay the levy on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (1), and in particular Article 24 thereof,

Whereas:

(1)

Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (2) fixes in particular the timetable and conditions for collection of the levy. Article 15(1) of Regulation (EC) No 595/2004 lays down that, before 1 September each year, purchasers and, in the case of direct sales, producers liable for the levy must pay the competent authority the amount due in accordance with rules laid down by the Member State. If this time-limit is not complied with, interest becomes payable under Article 15(2).

(2)

For the purposes of improving budget forecasting and making budget management more flexible, Regulation (EC) No 1788/2003 is currently being amended in order to defer the date by which the Member States must pay the levy referred to in Article 3(1) of the Regulation and to allow some Member States to transfer national reference quantities between direct sales and deliveries for the twelve month period 2005/06 within the meaning of Article 1(1) of the Regulation. With a view to consistency and so that the national administrations can introduce these new rules as efficiently as possible, the date by which the amounts due by milk purchasers must be paid should also be deferred for 2005/06, Article 15(1) and (2) of Regulation (EC) No 595/2004 notwithstanding. For administrative reasons a different date should be fixed for the Member States transferring national reference quantities.

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

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 15(1) and (2) of Regulation (EC) No 595/2004, for the twelve month period 2005/06 the Member States shall be authorised to defer the final date for paying the due amounts:

(a)	to 1 November 2006 in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia;

(b)	to 1 October 2006 in the case of all other Member States.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 August 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 123. Regulation as amended by Regulation (EC) No 2217/2004 (OJ L 375, 23.12.2004, p. 1).

(2) OJ L 94, 31.3.2004, p. 22.

29.8.2006

Official Journal of the European Union

L 234/4

COMMISSION REGULATION (EC) No 1282/2006

of 17 August 2006

laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Articles 26(3), 30(1) and 31(14) thereof,

Whereas:

(1)

Regulation (EC) No 1255/1999 lays down, amongst others, general rules for granting export refunds in the milk and milk products sector, in order, in particular, to permit the monitoring of the value and quantity limits for refunds. Detailed rules for the application of those general rules have been laid down in Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in case of milk and milk products (2).

(2)	Regulation (EC) No 174/1999 has been substantially amended several times. Since further amendments are to be made, Regulation (EC) No 174/1999 should be repealed and replaced by a new regulation in the interest of clarity and efficiency.

(3)

Under the Agriculture Agreement (3) concluded during the Uruguay Round of the GATT trade negotiations and approved by Council Decision 94/800/EC (4) (hereinafter referred to as the ‘Agriculture Agreement’), export refunds on agricultural products, including milk products, are limited within each 12-month period starting from 1 July 1995 to a maximum quantity and a maximum value. In order to ensure compliance with those limits, the issue of export licences should be monitored and procedures should be adopted for allocating the quantities which may be exported with a refund.

(4)

Article 5 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (5) provides for specific operations and certain quantities below which no export licence is required. Some special provisions should be adopted for the milk and milk products sector in that respect.

(5)

The tolerance permitted by that Regulation as regards the quantity of goods exported compared with the quantity indicated on the licence should be reduced and, in order to ensure effective controls on limits, there should be no refunds paid on quantities exceeding what is indicated on the licence. The securities to be lodged when licence applications are submitted should be sufficient to prevent speculative applications.

(6)	The term of validity of export licences should be fixed.

(7)	In order to ensure accurate checking of the products exported and to minimise the risk of speculation, the possibility of changing the product for which a licence has been issued should be restricted.

(8)

Article 4(2) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (6) lays down rules for the use of export licences with advance fixing of the refund for the exportation of products with a 12-digit code other than that shown in section 16 of the licence. This provision is applicable in a specific sector only if product categories as referred to in Article 14 of Regulation (EC) No 1291/2000 and product groups as referred to in the second indent of the first subparagraph of Article 4(2) of Regulation (EC) No 800/1999 have been defined.

(9)

For the milk and milk products sector, product categories are already defined with reference to the categories provided for in the Agriculture Agreement. In the interest of sound management this use of categories should be retained and Article 4(2) of Regulation (EC) No 800/1999 applied on the basis of defined product groups only.

(10)

In the milk sector, refund rates are highly differentiated, notably according to fat content. To ensure that this will not be called into question while at the same time the objective of Article 4(2) of Regulation (EC) No 800/1999 is respected, the product groups should be narrowly defined. With a view to harmonisation it is appropriate to apply that rule to all milk products and to define product groups for cheese accordingly.

(11)

With a view to harmonising with the provisions of Regulation (EC) No 800/1999 the conditions under which a licence holder is allowed to export a product different from the one shown in section 16 of the export licence, licence holders should no longer be obliged to request for a change to be made before the completion of the export formalities. To avoid discriminations between operators exporting under the current regime and those exporting under this Regulation, that provision may be applied retroactively at the request of the licence holder.

(12)

To enable operators to participate in invitations to tender opened by third countries without affecting the restrictions as regards volume, a system of provisional licences should be introduced giving successful tenderers the right to a full licence. To ensure that such licences are correctly used, for certain exports with refunds the country of destination should be defined as compulsory.

(13)

In order to ensure effective monitoring of licences issued, which depends on the notification of information to the Commission by the Member States, a waiting time should be provided for before licences are issued. In order to ensure the smooth operation of the arrangements, and in particular an equitable allocation of the quantities available within the limits laid down by the Agriculture Agreement, various management measures should be laid down and, in particular, provision should be made for the issue of licences to be suspended and for an allocation coefficient to be applied to the quantities applied for, if necessary.

(14)	Exports of the products in the context of food-aid operations should be excluded from certain provisions in regard to issuing of export licences.

(15)

Experience has shown that the number of applications for export licences for particular cheese varies according to destination. In order that special measures can be applied according to the destination indicated on licence applications, destination zones should be fixed and the destination zone indicated on export licences made obligatory for products falling within CN code 0406.

(16)

The method for fixing the refund on milk products containing added sugar, the price of which is determined by the price of the ingredients, should be laid down according to the percentage of the ingredients contained therein. However, to facilitate the management of refunds for these products, and particularly measures to ensure compliance with commitments regarding exports in the context of the Agriculture Agreement, a maximum quantity should be fixed for sucrose incorporated for which a refund may be granted. Forty-three percent by weight of whole product should be considered as representative of the sucrose content of such products.

(17)

Article 11(6) of Regulation (EC) No 800/1999 provides that refunds may be granted for ingredients of Community origin in processed cheese manufactured under the inward processing arrangements. Certain special rules are needed to ensure that this specific measure operates properly and can be effectively checked.

(18)

Under the Agreement concluded between the European Community and Canada (7), approved by Council Decision 95/591/EC (8), export licences issued by the Community are to be presented for cheese qualifying for preferential terms on import into Canada. The detailed rules for issuing such licences should be laid down. To ensure that the quantities of cheese imported into Canada under the import quota correspond to the quantities for which licences have been issued, the licences duly stamped by the Canadian authorities should be returned to the competent bodies of the Member States and the data on exports should be forwarded by the Member States to the Commission. It is appropriate to clarify the need for a minimum security, even though no refund is applied for under this regime.

(19)

The Community has the option of designating which importers may import Community cheese into the United States of America (USA) under the additional quota arising from the Agriculture Agreement. To allow the Community to maximise the value of the quota, a procedure should therefore be laid down for designating importers on the basis of the allocation of export licences for the products concerned.

(20)

The Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (9), approved by Council Decision 98/486/EC (10), provides for the Community to manage its share of the tariff quota according to a mechanism of export licences. The procedure for awarding licences should therefore be determined. In order to ensure that products imported into the Dominican Republic are part of the quota and to establish a link between the products imported and those indicated on the export licence, exporters should present, at the time of import, a certified copy of the export declaration, which must contain certain information.

(21)

Commission Regulation (EEC) No 896/84 (11) laid down additional provisions concerning the granting of refunds on the change from one milk year to another where intervention prices were changed. Those provisions provide for the possibility of fixing different refunds rates according to the date of manufacture of the products. The required presentation of evidence of the production date and the control procedures to check the accuracy of the related documents and accounts have proved to be very complicated and burdensome. The same objective can be reached by adjusting the validity period of the export licences. Regulation (EEC) No 896/84 should therefore be repealed.

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY RULES

Article 1

This Regulation lays down:

(a)	the general rules concerning licences and refunds for exports from the Community of the products listed in Article 1 of Regulation (EC) No 1255/1999;

(b)	the specific rules concerning exports of those products from the Community to certain third countries.

Article 2

Regulations (EC) No 800/1999 and (EC) No 1291/2000 shall apply, save as otherwise provided in this Regulation.

CHAPTER II

GENERAL RULES

Article 3

1. Except in the cases referred to in the first and fourth indents of the first subparagraph of Article 5(1) of Regulation (EC) No 1291/2000, the presentation of an export licence shall be required for exports from the Community of products listed in Article 1 of Regulation (EC) No 1255/1999, for which an export refund is requested.

By way of derogation from the first indent of Article 5(1) of Regulation (EC) No 1291/2000, an export licence with advance fixing of the refund may be used to grant a refund for exports of milk products as referred to in Article 36(1)(c) of Regulation (EC) No 800/1999.

2. To be granted a refund, the products listed in Article 1 of Regulation (EC) No 1255/1999 must meet the relevant requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council (12) and Regulation (EC) No 853/2004 of the European Parliament and of the Council (13), notably preparation in an approved establishment and compliance with the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004.

Article 4

1. The refund to be paid shall be the rate valid on the day the application for the export licence or, where relevant, the provisional licence, is submitted.

2. Licence applications with advanced fixing of the refund, for the products referred to in Article 1 of Regulation (EC) No 1255/1999, which were lodged, within the meaning of Article 17 of Regulation (EC) No 1291/2000, on the Wednesday and Thursday following the end of each tendering period as referred to in Article 2(2) of Commission Regulation (EC) No 581/2004 (14) and in Article 2(2) of Commission Regulation (EC) No 582/2004 (15) shall be deemed to have been submitted on the working day following that Thursday.

3. Section 7 of licence applications and licences shall show the country of destination and the code number of the country or territory of destination, as indicated in the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States, laid down by Commission Regulation (EC) No 750/2005 (16).

4. For the purposes of the fourth indent of the first subparagraph of Article 5(1) of Regulation (EC) No 1291/2000, where several separate codes in the agricultural product nomenclature for export refunds as laid down by Commission Regulation (EEC) No 3846/87 (17) (hereinafter the ‘nomenclature for refunds’) or in the Combined Nomenclature are entered in an export declaration, the particulars relating to each code shall be deemed to constitute a separate declaration.

Article 5

No refund shall be granted on exports of cheese where the free-at-frontier price prior to application of the refund in the Member State of export is less than EUR 230/100 kg. ‘Free-at-frontier price’ shall mean the ex-works price plus a flatrate amount of EUR 3/100 kg.

Where an export refund has been applied for, section 22 of licence applications and licences shall contain the words ‘minimum free-at-frontier price, as referred to in Article 5 of Regulation (EC) No 1282/2006, complied with’.

At the request of the competent authorities, applicants shall supply any further information and substantiation which the authorities consider necessary to ensure compliance with the free-at-frontier price when the customs formalities are conducted and shall accept, where applicable, any checks by those authorities of the accounts as provided for in Council Regulation (EEC) No 4045/89 (18).

Article 6

1. The product categories as referred to in the Agriculture Agreement concluded during the Uruguay Round of the GATT trade negotiations (hereinafter referred to as the ‘Agriculture Agreement’) shall be those set out in Annex I to this Regulation.

2. The product groups as referred to in the second indent of the first subparagraph of Article 4(2) of Regulation (EC) No 800/1999 shall be those set out in Annex II to this Regulation.

Article 7

1. Section 16 of licence applications and licences shall show the 12-digit product code of the nomenclature for refunds where a refund is requested or the eight-digit product code of the Combined Nomenclature where no refund is requested. Licences shall be valid for that product alone except in the cases specified in paragraphs 2 and 3.

2. By way of derogation from paragraph 1, an export licence shall also be valid for the exportation of a product covered by a 12-digit product code other than that indicated in box 16 of the licence if the same amount of export refund is granted to both products and if both products belong to the same product category as referred to in Annex I.

3. By way of derogation from paragraph 1, an export licence shall also be valid for the exportation of a product covered by a 12-digit product code other than that indicated in box 16 of the licence if both products belong to the same product group as referred to in Annex II.

In such case, refunds shall be calculated in accordance with the second subparagraph of Article 4(2) of Regulation (EC) No 800/1999.

Article 8

Export licences shall be valid from the day of issue, within the meaning of Article 23(1) of Regulation (EC) No 1291/2000, until:

(a)	the end of the fourth month following issue in the case of products falling within CN code 0402 10;

(b)	the end of the fourth month following issue in the case of products falling within CN code 0405;

(c)	the end of the fourth month following issue in the case of products falling within CN code 0406;

(d)	the end of the fourth month following issue for the other products referred to in Article 1 of Regulation (EC) No 1255/1999;

(e)	the date by which the obligations arising from invitations to tender as referred to in Article 9(1) of this Regulation must be fulfilled and by the end of the eighth month following issue of the full export licence referred to in Article 9(3) of this Regulation at the latest.

Article 9

1. In the case of an invitation to tender issued by a public body in a third country as referred to in Article 49(1) of Regulation (EC) No 1291/2000, except for invitations to tender concerning products falling within CN code 0406, operators may apply for a provisional export licence for the quantity covered by their tender subject to the lodging of a security.

The security for provisional licences shall be equal to 75 % of the amount calculated in accordance with Article 10 of this Regulation, with a minimum of EUR 5/100 kg.

Operators shall furnish proof that the body issuing the invitation to tender is public or subject to public law.

2. Provisional licences shall be issued on the fifth working day following that on which the application is lodged, provided that measures as referred to in Article 11(2) have not been adopted.

3. By way of derogation from Article 49(5) of Regulation (EC) No 1291/2000, the period for submitting the information referred to in that paragraph shall be 60 days.

Before the end of that period, operators shall apply for the full export licence, which shall be issued on presentation of proof that they have been awarded a contract.

On presentation of proof that the tender has been rejected or that the quantity awarded by the contract is less than that indicated on the provisional licence, the whole or part of the security shall be released as appropriate.

4. Licence applications referred to in paragraphs 2 and 3 shall be submitted in accordance with Article 13 of Regulation (EC) No 1291/2000.

5. The provisions of this Chapter, with the exception of Article 11, shall apply to full export licences.

6. The country of destination referred to in Article 4(3) shall be a compulsory destination for the purposes of Article 19(5) of Regulation (EC) No 800/1999 for licences issued in accordance with this Article.

7. Article 49(9)(c) of Regulation (EC) No 1291/2000 shall not apply.

Article 10

1. The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be equal to a percentage of the refund fixed for each product code applicable on the day the export licence application is lodged, as follows:

(a)	15 % for products covered by CN code 0405;

(b)	15 % for products covered by CN code 0402 10;

(c)	15 % for products covered by CN code 0406;

(d)	15 % for the other products referred to in Article 1 of Regulation (EC) No 1255/1999.

The security may not, however, be less than EUR 5/100 kg.

The amount of the refund referred to in the first subparagraph shall be that calculated for the total quantity of the product concerned, except for milk products containing added sugar.

For milk products containing added sugar, the amount of the refund referred to in the first subparagraph shall be equal to the total quantity of the whole product concerned, multiplied by the refund rate applicable per kilogram of milk product.

2. Article 35(3) of Regulation (EC) No 1291/2000 shall not apply to licences issued in accordance with this Regulation.

Article 11

1. Export licences with advanced fixing of the refund shall be issued on the fifth working day following the day on which applications are submitted, provided that the quantities for which licences have been applied for have been communicated in accordance with Article 9(1) of Commission Regulation (EC) No 562/2005 (19) and that measures referred to in points (a) and (b) of paragraph 2 of this Article have not been adopted.

2. Where the issue of export licences would or might result in the available budgetary amounts being exceeded or in the maximum quantities which may be exported with a refund being exhausted during the 12-month period in question or in a shorter period to be determined pursuant to Article 12 of this Regulation, taking into account Article 31(13) of Regulation (EC) No 1255/1999, or would not allow exports to continue during the remainder of the period, the Commission may:

(a)	apply an allocation coefficient to the quantities applied for;

(b)	reject all or part of pending applications for which export licences have not yet been issued;

(c)	suspend the lodging of licence applications for a maximum of five working days; the suspension may be further extended in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999.

Where the coefficient referred to in point (a) of the first subparagraph is less than 0,4, applicants may, within three working days of publication of the decision fixing the coefficient, request the cancellation of their licence application and the release of their security.

In the case referred to in point (c) of the first subparagraph, licence applications submitted during the suspension period shall be invalid.

The measures referred to in points (a), (b) and (c) of the first subparagraph may be implemented or modulated by category of product and by destination or group of destinations.

For the purposes of the first subparagraph, account shall be taken, as regards the product in question, of the seasonal nature of trade, the market situation, and in particular the trend in prices on the market and the export conditions resulting there from.

3. The measures referred to in paragraph 2 may also be adopted where export licence applications relate to quantities which exceed or might exceed the normal available quantities for one destination or group of destinations and issuing the licences requested would entail a risk of speculation, distortion of competition between operators, or disturbance of the trade concerned or the Community market.

4. If applications for licences are rejected or quantities applied for are reduced, the security shall be immediately released for all quantities for which applications have not been accepted.

Article 12

Where the total quantity covered by the licence applications submitted is such that there is a risk of early exhaustion of the maximum quantities which may be exported with refund during the 12-month period in question, it may be decided, in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999, to allocate those maximum quantities over periods to be determined.

Article 13

1. Where the quantity exported exceeds that shown on the licence, no refund shall be payable on the overrun.

To that end, section 22 of licences shall contain the words: ‘Payment of the refund restricted to the quantity shown in sections 17 and 18’.

2. By way of derogation from Articles 8(5) and 35(2) of Regulation (EC) No 1291/2000 on tolerances for quantities exported, the following rates shall apply:

(a)	the rate provided for in Article 8(5) of Regulation (EC) No 1291/2000 shall be 2 %;

(b)	the rate provided for in the first and second subparagraphs of Article 35(2) of Regulation (EC) No 1291/2000 shall be 98 %;

(c)	the rate provided for in the third subparagraph of Article 35(2) shall be 2 %.

Article 14

Article 11 shall not apply to the issuing of export licences for food-aid supplies as referred to in Article 10(4) of the Agriculture Agreement.

Article 15

1. For licences issued for products falling within CN code 0406, the following words shall be entered in section 20 of licence applications and licences:

‘Licence valid for zone … as defined in Article 15(2) of Regulation (EC) No 1282/2006’

2. The following definitions shall apply for the purposes of paragraph 1:

(a)	zone I: destination codes AL, BA, XK, MK, XM et XS;

(b)	zone II: destination code US;

(c)	zone III: all other destination codes.

3. The zone indicated in section 20 of applications and licences, as referred to in paragraph 1, shall be a compulsory destination.

The zone indicated shall be the zone, as defined in paragraph 2 of this Article, to which the country of destination indicated in section 7 of the licence application and licence belongs.

No refund shall be paid where the actual destination is in a zone other than that indicated in the licence application and in the licence. Article 18(3) of Regulation (EC) No 800/1999 shall not apply.

Article 16

1. For milk products containing added sugar, the refund shall be equal to the sum of the following components:

(a)	a component representing the quantity of milk product;

(b)	a component representing the quantity of added sucrose, up to a maximum of 43 % by weight of whole product.

2. The component referred to in paragraph 1(a) shall be calculated by multiplying the basic amount of the refund by the milk product content of the whole product.

The basic amount referred to in the first subparagraph shall be the refund on one kilogram of milk product contained in the whole product.

3. The component referred to in paragraph 1(b) shall be calculated by multiplying the sucrose content of the whole product, up to a maximum of 43 %, by the basic amount of the refund applicable on the day the licence application is submitted for the products listed in Article 1(1)(c) of Council Regulation (EC) No 318/2006 (20).

However, the sucrose component shall not be taken into account where the basic amount of the refund for the milk product content referred to in the second subparagraph of paragraph 2 of this Article is zero or is not fixed.

Article 17

1. Export licence applications for milk and milk products exported in the form of products falling within CN code 0406 30 as referred to in the third indent of Article 11(6) of Regulation (EC) No 800/1999 shall be accompanied by a copy of the authorisation to use the relevant customs procedure.

2. Section 20 of licence applications and licences for exports of milk and milk products referred to in paragraph 1 shall contain a reference to this Article.

3. The Member States shall take the necessary steps under the arrangements referred to in paragraph 1 to identify and check the quality and quantity of the products referred to in that paragraph for which a refund has been applied for and to apply the provisions on entitlement to the refund.

CHAPTER III

SPECIFIC RULES

SECTION 1

Exports to Canada

Article 18

1. An export licence shall be required for exports of cheese to Canada under the quota referred to in the Agreement concluded between the European Community and Canada approved by Decision 95/591/EC.

2. Licence applications shall be admissible only where applicants:

(a)	declare in writing that all material falling within Chapter 4 of the Combined Nomenclature and used in the manufacture of products covered by their application has been produced entirely within the Community;

(b)

undertake in writing to provide, at the request of the competent authorities, any further substantiation which the latter consider necessary for the issuing of licences and to accept, where applicable, any checks by those authorities on the book-keeping and manufacturing conditions of the products concerned.

Article 19

Licence applications and licences shall show:

(a)	in section 7, the words ‘CANADA — CA’;

(b)

in section 15, the six-digit description of the goods in accordance with the Combined Nomenclature for products falling within CN codes 0406 10, 0406 20, 0406 30 and 0406 40 and the eight-digit description for products falling within CN code 0406 90. Section 15 of applications and licences may contain no more than six products thus described;

(c)	in section 16, the eight-figure CN code and the quantity in kilograms for each of the products referred to in section 15. The licence shall be valid only for the products and quantities so designated;

(d)	in sections 17 and 18, the total quantity of products referred to in section 16;

(e)

in section 20, one of the following entries, as appropriate:

—	‘Cheeses for direct export to Canada. Article 18 of Regulation (EC) No 1282/2006. Quota for … (year)’,

—	‘Cheeses for export directly/via New York to Canada. Article 18 of Regulation (EC) No 1282/2006. Quota for … (year)’.

Where cheese is transported to Canada via third countries, such countries must be indicated instead of, or with, a reference to New York;

(f)	in section 22, the words ‘without export refund’.

Article 20

1. Licences shall be issued immediately after admissible applications are submitted. At the request of applicants, a certified copy of the licence shall be issued.

2. Licences shall be valid from their date of issue within the meaning of Article 23(1) of Regulation (EC) No 1291/2000 until 31 December following that date.

However, licences issued from 20 December to 31 December shall be valid from l January until 31 December of the following year. In this case that following year must be indicated in section 20 of licence applications and licences in accordance with Article 19(e).

Article 21

1. Export licences presented to the competent authority for attribution and endorsement in accordance with Article 24 of Regulation (EC) No 1291/2000 may be used for one export declaration only. Licences shall be exhausted once the export declaration has been presented.

2. Export licences holders shall ensure that a certified copy of the export licence is presented to the competent Canadian authority when the import licence is applied for.

3. By way of derogation from Article 9 of Regulation (EC) No 1291/2000, licences shall not be transferable.

4. By 31 July for the preceding six-month period and by 31 January for the previous quota year, the competent authority of the Member State shall notify the Commission, using the model form in Annex III, of the number of licences issued and the quantity of cheese concerned.

Article 22

1. Chapter II shall not apply.

2. The communication by the Member States provided for in Article 21(4) shall be made by electronic means as indicated to the Member States by the Commission.

SECTION 2

Exports to the United States of America

Article 23

It may be decided in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999 to export products falling within CN code 0406 to the United States as part of the following quotas:

(a)	the additional quota under the Agriculture Agreement;

(b)	the tariff quotas originally resulting from the Tokyo Round and granted to Austria, Finland and Sweden by the United States in Uruguay Round list XX;

(c)	the tariff quotas originally resulting from the Uruguay Round and granted to the Czech Republic, Hungary, Poland and Slovakia by the United States in Uruguay Round list XX.

Article 24

1. Exports of cheese to the United States under the quotas referred to in Article 23 shall be subject to presentation of an export licence in accordance with this Section.

Section 16 of licence applications and licences shall show the eight-digit product code of the Combined Nomenclature.

2. Operators may apply, within a period to be determined in the decision referred to in Article 23, for an export licence for the export of the products referred to in that Article during the following calendar year, subject to the lodging of a security in accordance with Article 10.

3. Applicants for export licences in respect of the product groups and quotas identified by 16-, 22-Tokyo, 16-, 17-, 18-, 20- and 21-, 22-Uruguay, 25-Tokyo and 25-Uruguay in the decision referred to in Article 23 shall provide evidence that they have exported the products in question to the United States in at least one of the preceding three years and that their designated importer is a subsidiary of the applicant.

4. Applicants for export licences shall indicate in the applications:

(a)	the designation of the product group covered by the United States quota in accordance with Additional Notes 16 to 23 and 25 in Chapter 4 of the Harmonized Tariff Schedule of the United States of America;

(b)	the product names in accordance with the Harmonized Tariff Schedule of the United States;

(c)	the name and address of the importer in the United States designated by the applicant.

5. Applications for export licences shall be accompanied by a certificate from the designated importer stating that he is eligible under the rules in force in the United States on the issue of import licences for the products referred to in Article 23.

Article 25

1. Where applications for export licences for a product group or a quota referred to in Article 23 exceed the available quantity for the year in question, the Commission shall apply a uniform allocation coefficient to the quantities for which application is made.

Securities shall be released in whole or in part for rejected applications or for quantities in excess of those allocated.

2. Where the result of applying the allocation coefficient would be to allocate licences for less than 10 tonnes per application, the corresponding quantities available shall be awarded by the Member State concerned drawing lots by quota. The Member State shall draw lots for licences of 10 tonnes each amongst the applicants who would have been allocated less than 10 tonnes as a result of applying the allocation coefficient.

Quantities of less than 10 tonnes remaining when establishing the lots shall be equally distributed over the 10-tonne lots before the lots are drawn.

Where the result of applying the allocation coefficient would be to leave a quantity of less than 10 tonnes, that quantity shall be considered a single lot.

The security for applications which are not successful in the allocation by drawing lots shall be released immediately.

3. Where applications for licences are submitted for quantities of product not exceeding the quotas referred to in Article 23 for the year concerned, the Commission may allocate the remaining quantities to applicants in proportion to the quantities applied for, by application of an allocation coefficient.

In that case, the operators shall inform the competent authority of the supplementary quantity they accept, within a week from the publication of the adjusted allocation coefficient and the security lodged shall be increased accordingly.

Article 26

1. The names of the designated importers referred to in Article 24(4)(c) shall be communicated by the Commission to the competent United States authorities.

2. In the case where an import licence for the quantities concerned is not allocated to the designated importer, in circumstances which do not cast doubt on the good faith of the operator submitting the certificate referred to in Article 24(5), the operator may be authorised by the Member State to designate another importer provided that the latter appears on the list communicated to the competent authorities of the United States in accordance with paragraph 1 of this Article.

The Member State shall inform the Commission as soon as possible of the change of designated importer and the Commission shall notify the change to the competent authorities of the United States.

Article 27

Export licences shall be issued by 15 December of the year preceding the quota year for the quantities for which the licences are allocated.

The licences shall be valid from 1 January to 31 December of the quota year.

The following words shall be entered in section 20 of the licence application and licence:

‘For export to the United States of America: Quota for … (year) — Chapter III, Section 2 of Regulation (EC) No 1282/2006.’

Licences issued under this Article shall be valid only for the exports referred to in Article 23.

Article 28

Chapter II, with the exception of Articles 8 and 11, shall apply.

SECTION 3

Exports to the Dominican Republic

Article 29

1. The presentation to the competent authorities of the Dominican Republic of a certified copy of the export licence issued in accordance with this Section and a duly endorsed copy of the export declaration for each consignment shall be required for exports to the Dominican Republic of milk powder under the quota provided for in the Memorandum of Understanding concluded between the European Community and the Dominican Republic and approved by Decision 98/486/EC.

2. When export licences are issued, priority shall be given to milk powder falling within the following product codes from the nomenclature for refunds:

—	0402 10 11 9000,

—	0402 10 19 9000,

—	0402 21 11 9900,

—	0402 21 19 9900,

—	0402 21 91 9200,

—	0402 21 99 9200.

Products must have been produced entirely within the Community. At the request of the competent authorities, applicants shall supply any further substantiation which the authorities consider necessary for the issuing of licences and shall accept, where applicable, any checks by those authorities of the bookkeeping and manufacturing conditions of the products concerned.

Article 30

1. The quota referred to in Article 29(1) shall be of 22 400 tonnes per 12-month period commencing on 1 July. The quota shall be divided into two parts:

(a)	the first part, equal to 80 % or 17 920 tonnes, shall be distributed among Community exporters who can prove that they have exported products referred to in Article 29(2) to the Dominican Republic during at least three of the four calendar years prior to the period for submission of applications;

(b)

the second part, equal to 20 % or 4 480 tonnes, shall be reserved for applicants other than those referred to in point (a) who can prove, at the time they submit their application, that they have been engaged for at least 12 months in trade with third countries in the milk products listed in Chapter 4 of the Combined Nomenclature and are registered in a Member State for VAT purposes.

2. Applications for export licences may not cover more, per applicant, than:

(a)	for the part referred to in paragraph 1(a), a quantity equal to 110 % of the total quantity of products referred to in Article 29(2) exported to the Dominican Republic during one of the three calendar years prior to the period for submission of applications;

(b)	for the part referred to in paragraph 1(b), a total maximum quantity of 600 tonnes.

Applications which exceed the ceilings provided for in points (a) and (b) shall be rejected.

3. To be admissible, only one export licence application may be submitted per product code in the nomenclature for refunds and all applications must be lodged at the same time with the competent authority of a single Member State.

Export licence applications shall be admissible only where applicants, at the time they present their applications:

(a)	lodge a security of EUR 15 per 100 kilograms;

(b)

for the part referred to in paragraph 1(a), indicate the quantity of products referred to in Article 29(2) that they have exported to the Dominican Republic during one of the three calendar years prior to the period referred to in paragraph 1(a) of this Article and are able to prove this to the satisfaction of the competent authority of the Member State concerned. To this end the operator whose name appears on the relevant export declaration shall be regarded as the exporter;

(c)	for the part referred to in paragraph 1(b), are able to prove to the satisfaction of the competent authority of the Member State concerned that they fulfil the conditions laid down therein.

Article 31

Licence applications shall be lodged from 1 to 10 April each year for the quota relating to the period from 1 July to 30 June the following year.

For the purposes of Article 4(1), all applications lodged before the deadline shall be deemed to have been lodged on the first day of the period for submission of licence applications.

Article 32

Licence applications and licences shall contain:

(a)	in section 7, the words ‘Dominican Republic — DO’;

(b)	in sections 17 and 18, the quantity to which the application or licence relates;

(c)	in section 20, one of the entries listed in Annex IV.

Licences issued under this Section shall give rise to an obligation to export to the Dominican Republic.

Article 33

1. Not later than the fifth working day following the expiry of the period for lodging licence applications, Member States shall notify the Commission, using the model form in Annex V, for each of the two parts of the quota and for each product code of the nomenclature for refunds, of the quantities covered by licence applications or, where applicable, that no applications have been lodged.

Before issuing licences, the Member States shall verify in particular that the information referred to in Article 29(2) and in Article 30(1) and (2) is correct.

If the information provided by an operator to whom a licence has been issued is found to be incorrect, the licence shall be cancelled and the security forfeited.

2. The Commission shall decide as quickly as possible to what extent licences for quantities applied for may be granted and shall inform the Member States of its decision.

If all the quantities covered by licence applications for one of the two parts of the quota exceed the quantities referred to in Article 30(1), the Commission shall fix an allocation coefficient. If the application of the allocation coefficient results in a quantity per applicant of less than 20 tonnes, applicants may withdraw their applications. In such cases, they shall notify the competent authority within three working days of publication of the Commission's decision. The security shall be released immediately. The competent authority shall notify the Commission, within eight working days of publication of the decision, of the quantities for which applications have been withdrawn and for which the security has been released.

Where the total quantity covered by licence applications is less than the quantity available for the period in question, the Commission shall allocate the quantity remaining, on the basis of objective criteria taking account in particular of licence applications for all the products falling within CN codes 0402 10, 0402 21 and 0402 29.

Article 34

1. Licences shall be issued at the request of the operator, not earlier than 1 June and not later than 15 February of the following year. They shall be issued only to operators whose licence applications were notified in accordance with Article 33(1).

Member States shall communicate to the Commission by the end of February at the latest, using the model form in Annex VI, for both parts of the quota, the quantities for which no licences were issued.

2. Export licences issued in accordance with this Section shall be valid from their actual day of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000 until 30 June of the quota year for which the licence application was made.

3. The security shall be released only in one of the following cases:

(a)	on presentation of the proof referred to in Article 35(5) of Regulation (EC) No 1291/2000;

(b)	in respect of the quantities covered by applications for which no licence could be issued.

The security relating to the quantity not exported shall be forfeited.

4. By way of derogation from Article 9 of Regulation (EC) No 1291/2000, licences shall not be transferable.

5. By 31 August each year at the latest, the competent authority of the Member State shall report to the Commission, using the model form in Annex VII and in respect to the previous 12-month period as referred to in Article 30(1), the following quantities, broken down by product code of the nomenclature for refunds:

—	the quantity allocated,

—	the quantity for which licences have been issued,

—	the quantity exported.

Article 35

1. Chapter II shall apply, with the exception of Articles 8, 10 and 11.

2. By way of derogation from Article 7(1), licence holders may on request obtain a change of the code in section 16 of the export licence to another code referred to in Article 29(2), where the refund is identical.

Such requests shall be lodged before the day of export within the meaning of Article 5(1) of Regulation (EC) No 800/1999.

Within two working days of a product code change, the competent authorities of the Member State shall report to the Commission:

(a)	the name and the address of the licence holder;

(b)	the serial number of the licence or the licence extract and the date of issue;

(c)	the initial product code;

(d)	the final product code.

3. The communications by the Member States provided for in this Section shall be made by electronic means as indicated to the Member States by the Commission.

CHAPTER IV

FINAL PROVISIONS

Article 36

Regulations (EC) No 174/1999 and (EEC) No 896/84 are repealed.

References to Regulation (EC) No 174/1999 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Regulation (EC) No 174/1999 shall continue to apply to licences applied for before the date of application of this Regulation.

Article 37

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply on export licences lodged as from 1 September 2006.

At the request of the interested operator submitted within three months after the date of publication of this Regulation, Article 7(2) shall apply to licences issued before 1 September 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 August 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 508/2006 (OJ L 92, 30.3.2006, p. 10).

(3) OJ L 336, 23.12.1994, p. 22.

(4) OJ L 336, 23.12.1994, p. 1.

(5) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(6) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(7) OJ L 334, 30.12.1995, p. 33.

(8) OJ L 334, 30.12.1995, p. 25.

(9) OJ L 218, 6.8.1998, p. 46.

(10) OJ L 218, 6.8.1998, p. 45.

(11) OJ L 91, 1.4.1984, p. 71. Regulation as last amended by Regulation (EEC) No 222/88 (OJ L 28, 1.2.1988, p. 1).

(12) OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.

(13) OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004, p. 22.

(14) OJ L 90, 27.3.2004, p. 64.

(15) OJ L 90, 27.3.2004, p. 67.

(16) OJ L 126, 19.5.2005, p. 12.

(17) OJ L 366, 24.12.1987, p. 1.

(18) OJ L 388, 30.12.1989, p. 18.

(19) OJ L 95, 14.4.2005, p. 11.

(20) OJ L 58, 28.2.2006, p. 1.

ANNEX I

Product categories referred to in Article 6(1)

Number	Description	CN code
I	Butter, other fats and oils derived from milk and spreads	0405 10 0405 20 90 0405 90
II	Skimmed-milk powder	0402 10
III	Cheese and curd	0406
IV	Other milk products	0401 0402 21 0402 29 0402 91 0402 99 0403 10 11 to 0403 10 39 0403 90 11 to 0403 90 69 0404 90 2309 10 15 2309 10 19 2309 10 39 2309 10 59 2309 10 70 2309 90 35 2309 90 39 2309 90 49 2309 90 59 2309 90 70

ANNEX II

Product groups referred to in Article 6(2)

Group No	Milk product code (nomenclature for refunds)
1	0401 30 31 9100 0401 30 31 9400 0401 30 31 9700 0401 30 91 9100
2	0401 30 39 9100 0401 30 39 9400 0401 30 39 9700 0401 30 99 9100 0401 30 99 9500
3	0402 21 11 9200 0402 21 11 9300 0402 21 11 9500 0402 21 11 9900 0402 21 91 9100 0402 21 91 9200 0402 21 91 9350 0402 21 91 9500
4	0402 21 17 9000 0402 21 19 9300 0402 21 19 9500 0402 21 19 9900 0402 21 99 9100 0402 21 99 9200 0402 21 99 9300 0402 21 99 9400 0402 21 99 9500 0402 21 99 9600 0402 21 99 9700 0402 21 99 9900
5	0402 29 15 9200 0402 29 15 9300 0402 29 15 9500 0402 29 15 9900 0402 29 91 9000
6	0402 29 19 9300 0402 29 19 9500 0402 29 19 9900 0402 29 99 9100 0402 29 99 9500
7	0402 91 11 9370 0402 91 31 9300
8	0402 91 19 9370 0402 91 39 9300
9	0402 99 11 9350 0402 99 31 9150 0402 99 31 9300
10	0402 99 19 9350 0402 99 39 9150
11	0403 90 11 9000 0403 90 13 9200 0403 90 13 9300 0403 90 13 9500 0403 90 13 9900 0403 90 19 9000
12	0403 90 33 9400 0403 90 33 9900
13	0403 90 59 9310 0403 90 59 9340 0403 90 59 9370 0403 90 59 9510
14	0404 90 21 9120 0404 90 21 9160 0404 90 23 9120 0404 90 23 9130 0404 90 23 9140 0404 90 23 9150
15	0404 90 29 9110 0404 90 29 9115 0404 90 29 9125 0404 90 29 9140
16	0404 90 81 9100 0404 90 83 9110 0404 90 83 9130 0404 90 83 9150 0404 90 83 9170
17	0405 10 11 9500 0405 10 11 9700 0405 10 19 9500 0405 10 19 9700 0405 10 30 9100 0405 10 30 9300 0405 10 30 9700 0405 10 50 9300 0405 10 50 9500 0405 10 50 9700 0405 10 90 9000 0405 20 90 9500 0405 20 90 9700 0405 90 10 9000 0405 90 90 9000
18	0406 10 20 9640 0406 10 20 9650
19	0406 10 20 9830 0406 10 20 9850
20	0406 20 90 9913 0406 20 90 9915 0406 20 90 9917 0406 20 90 9919
21	0406 30 31 9930 0406 30 31 9950
22	0406 30 39 9500 0406 30 39 9700
23	0406 30 39 9930 0406 30 39 9950
24	0406 90 76 9300 0406 90 76 9400 0406 90 76 9500
25	0406 90 78 9100 0406 90 78 9300 0406 90 78 9500
26	0406 90 85 9930 0406 90 85 9970
27	0406 90 86 9400 0406 90 86 9900
28	0406 90 87 9300 0406 90 87 9400

ANNEX III

CANADA

Information required under Article 21(4)

Member State:

Data relating to the period:

Trader's name/address	CN code of product (pursuant to Article 19)	Licences issued
Trader's name/address	CN code of product (pursuant to Article 19)	Number of licences	Quantity in tonnes




	Total

ANNEX IV

Entries referred to in Article 32(c)

—	in Spanish	:	Capítulo III, sección 3, del Reglamento (CE) no 1282/2006: contingente arancelario de leche en polvo del año 1.7.…-30.6.… fijado en el Memorándum de acuerdo celebrado entre la Comunidad Europea y la República Dominicana y aprobado por la Decisión 98/486/CE del Consejo.
—	in Czech	:	kapitola III oddíl 3 nařízení (ES) č. 1282/2006: Celní kvóta pro období od 1.7.… do 30.6.… pro sušené mléko v rámci memoranda o porozumění uzavřeného mezi Evropským společenstvím a Dominikánskou republikou a schváleného rozhodnutím Rady 98/486/ES.
—	in Danish	:	kapitel III, afdeling 3, i forordning (EF) nr. 1282/2006: toldkontingent for perioden 1.7.… til 30.6.… for mælkepulver i henhold til den aftale, som blev indgået mellem Det Europæiske Fællesskab og Den Dominikanske Republik og godkendt ved Rådets afgørelse 98/486/EF.
—	in German	:	Kapitel III Abschnitt 3 der Verordnung (EG) Nr. 1282/2006: Milchpulverkontingent für den Zeitraum 1.7.…—30.6.… gemäß der mit dem Beschluss 98/486/EG des Rates genehmigten Vereinbarung zwischen der Europäischen Gemeinschaft und der Dominikanischen Republik.
—	in Estonian	:	määruse (EÜ) nr 1282/2006 III peatüki 3. jaos: Piimapulbri tariifikvoot 1.7.…–30.6.… vastastikuse mõistmise memorandumi alusel, mis on sõlmitud Euroopa Ühenduse ja Dominikaani Vabariigi vahel ning heaks kiidetud nõukogu otsusega 98/486/EÜ.
—	in Greek	:	κεφάλαιο III, τμήμα 3 του κανονισμού (ΕΚ) αριθ. 1282/2006: δασμολογική ποσόστωση, για το έτος 1.7.…-30.6.…, γάλακτος σε σκόνη δυνάμει του μνημονίου συμφωνίας που συνήφθη μεταξύ της Ευρωπαϊκής Κοινότητας και της Δομινικανής Δημοκρατίας και εγκρίθηκε από την απόφαση 98/486/ΕΚ του Συμβουλίου.
—	in English	:	Chapter III, Section 3 of Regulation (EC) No 1282/2006: tariff quota for 1.7.…-30.6.…, for milk powder under the Memorandum of Understanding concluded between the European Community and the Dominican Republic and approved by Council Decision 98/486/EC.
—	in French	:	chapitre III, section 3, du règlement (CE) no 1282/2006: contingent tarifaire, pour l'année 1.7.…-30.6.…, de lait en poudre au titre du mémorandum d'accord conclu entre la Communauté européenne et la République dominicaine et approuvé par la décision 98/486/CE du Conseil.
—	in Italian	:	capo III, sezione 3, del regolamento (CE) n. 1282/2006: contingente tariffario per l'anno 1.7.…-30.6.…, di latte in polvere a titolo del memorandum d'intesa concluso tra la Comunità europea e la Repubblica dominicana e approvato con la decisione 98/486/CE del Consiglio.
—	in Latvian	:	Regulas (EK) Nr. 1282/2006 III nodaļas 3 iedaļā: Tarifa kvota no … gada 1. jūlija līdz … gada 30. jūnijam sausajam pienam (piena pulverim) saskaņā ar Saprašanās memorandu, kas noslēgts starp Eiropas Kopienu un Dominikānas Republiku un apstiprināts ar Padomes Lēmumu 98/486/EK.
—	in Lithuanian	:	Reglamento (EB) Nr. 1282/2006 III skyriaus 3 skirsnyje: tarifinė kvota nuo … metų liepos 1 dienos iki … metų birželio 30 dienos pieno milteliams, numatyta Europos bendrijos ir Dominikos Respublikos susitarimo memorandume ir patvirtinta Tarybos sprendimu 98/486/EB.
—	in Hungarian	:	Az 1282/2006/EK rendelet III. fejezetének 3 szakasza: A 98/486/EK tanácsi határozat által jóváhagyott, az Európai Közösség és a Dominikai Köztársaság között megkötött egyetértési megállapodás értelmében a tejporra […] július 1-től […] június 30-ig vonatkozó vámkontingens.
—	in Maltese	:	Kapitolu III, Taqsima 3 tar-Regolament (KE) Nru 1282/2006: Quota ta’ tariffa għal 1.7.…–30.6.… għall-ħalib tat-trab taħt il-Memorandum ta’ Ftehim konkluż bejn il-Komunità Ewropea u r-Repubblika Dominikana u approvat permezz tad-Deċiżjoni tal-Kunsill 98/486/KE.
—	in Dutch	:	Hoofdstuk III, afdeling 3, van Verordening (EG) nr. 1282/2006: Tariefcontingent melkpoeder voor het jaar van 1.7.… t/m 30.6.… krachtens het memorandum van overeenstemming tussen de Europese Gemeenschap en de Dominicaanse Republiek, goedgekeurd bij Besluit 98/486/EG van de Raad.
—	in Polish	:	rozdział III, sekcja 3 rozporządzenia (WE) nr 1282/2006: Kontyngent taryfowy na okres od 1.7.… do 30.6.… na mleko w proszku zgodnie z Protokołem ustaleń zawartym między Wspólnotą Europejską a Republiką Dominikańską i przyjętym decyzją Rady 98/486/WE.
—	in Portuguese	:	Secção 3 do capítulo III do Regulamento (CE) n.o 1282/2006: Contingente pautal do ano 1.7.…-30.6.…, de leite em pó ao abrigo do memorando de acordo concluído entre a Comunidade Europeia e a República Dominicana e aprovado pela Decisão 98/486/CE do Conselho.
—	in Slovak	:	kapitola III, oddiel 3 nariadenia (ES) č. 1282/2006: Tarifná kvóta pre obdobie od 1.7.… do 30.6.… pre sušené mlieko podľa Memoranda o vzájomnom porozumení uzatvorenom medzi Európskym spoločenstvom a Dominikánskou republikou a schváleným rozhodnutím Rady 98/486/ES.
—	in Slovenian	:	poglavje III oddelka 3 Uredbe (ES) št. 1282/2006: Tarifna kvota za obdobje 1.7.…– 30.6…. za mleko v prahu v skladu z Memorandumom o soglasju, sklenjenim med Evropsko skupnostjo in Dominikansko republiko in potrjenim z Odločbo Sveta 98/486/ES.
—	in Finnish	:	asetuksen (EY) N:o 1282/2006 III luvun 3 jaksossa: neuvoston päätöksellä 98/486/EY hyväksytyn Euroopan yhteisön ja Dominikaanisen tasavallan yhteisymmärryspöytäkirjan mukainen maitojauheen tariffikiintiö 1.7.… ja 30.6.… välisenä aikana.
—	in Swedish	:	avsnitt 3 i kapitel III i förordning (EG) nr 1282/2006: tullkvot för året 1.7.…–30.6.…, för mjölkpulver enligt avtalsmemorandumet mellan Europeiska gemenskapen och Dominikanska republiken, godkänt genom rådets beslut 98/486/EG.

ANNEX V

Dominican Republic

Information required under Article 33(1)

Member State:

Data relating to the period from 1 July … to 30 June …

Quota referred to in Article 30(1)(a)

Name/Address of applicant	Reference data exports to the Dominican Republic			Applications
Name/Address of applicant	Product code in the refunds nomenclature	Quantities exported (t)	Year of export	Product code in the refunds nomenclature	Quantity maximum = 110 % of (3) (t)
(1)	(2)	(3)	(4)	(5)	(6)



Total			Total

Quota referred to in Article 30(1)(b)

Name/Address of applicant	Product code in the refunds nomenclature	Quantity applied for (t)











Total

ANNEX VI

Dominican Republic

Information required under Article 34(1)

Member State:

Data relating to the period from 1 July … to 30 June …

Quota referred to in Article 30(1)(a)

Exporter's name and address	Code in the refund nomenclature	Quantities allocated for which licences were not issued (t)




Total

Quota referred to in Article 30(1)(b)

Exporter's name and address	Code in the refund nomenclature	Quantities allocated for which licences were not issued (t)




Total

ANNEX VII

Dominican Republic

Information required under Article 34(5)

Member State:

Data relating to the period from 1 July … to 30 June …

Quota referred to in Article 30(1)(a)

Code in the refunds nomenclature	Quantities for which licences were allocated (t)	Quantities for which licences were issued (t)	Quantities exported (t)




Total

Quota referred to in Article 30(1)(b)

Code in the refunds nomenclature	Quantities for which licences were allocated (t)	Quantities for which licences were issued (t)	Quantities exported (t)




Total

ANNEX VIII

Correlation table

Regulation (EC) No 174/1999	This Regulation
—	Article 1
Article 21	Article 2
Article 1(1), Article 2	Article 3(1)
Article 1(4)	Article 3(2)
Article 1(1)	Article 4(1)
Article 1(3)	Article 4(2)
Article 1(2)	Article 4(3)
Article 2	Article 4(4)
Article 3	Article 5
Article 4	Article 6
Article 5	Article 7
Article 6	Article 8
Article 7	—
Article 8	Article 9(1) to (5)
Article 14	Article 9(6)
Article 12(2)	Article 9(7)
Article 9	Article 10
Article 10	Article 11
Article 11	Article 12
Article 12	Article 13
Article 13	Article 14
Article 15	Article 15
Article 16	Article 16
Article 17	Article 17
Article 18(1)	Article 18(1)
Article 18(3)	Article 18(2)
Article 18(2)	Article 19
Article 18(4)	Article 20(1)
Article 18(5)	Article 20(2)
Article 18(6)	Article 21(1)(2
Article 18(7)	Article 21(3)
Article 18(8)	Article 21(4)
Article 18(9)	Article 22
Article 19	—
Article 20(1)	Article 23
Article 20(2)	Article 24
Article 20(3) and (9)	Article 25(1)
Article 20(4)	Article 25(2)
Article 20(5)	Article 25(3)
Article 20(6)	—
Article 20(7)	Article 26(1)
Article 20(8)	Article 26(2)
Article 20(10)	Article 27
Article 20(11)	Article 28
Article 20a(1) and (2)	Article 29(1)
Article 20a(3)	Article 29(2)
Article 20a(4)	Article 30(1)
Article 20a(5)	Article 30(2)
Article 20a(6)	Article 30(3)
Article 20a(7)	Article 31
Article 20a(9)	Article 32
Article 20a(10)	Article 33(1)
Article 20a(11)	Article 33(2)
Article 20a(12)	Article 34(1)
Article 20a(13)	Article 34(2)
Article 20a(14)	Article 34(3)
Article 20a(15)	Article 34(4)
Article 20a(16)	Article 34(5)
Article 20a(17)	Article 35(1)
Article 20a(18)	Article 35(2)
Article 22	Article 36
Article 23	Article 37
Annex I	Annex I
Annex II	Annex II
Annex IV	Annex III
Article 20a(9)	Annex IV
Annex V	Annex V
Annex VI	Annex VI
Annex VII	Annex VII
—	Annex VIII

29.8.2006

Official Journal of the European Union

L 234/29

COMMISSION DECISION

of 7 August 2006

setting up a group of experts on the policy needs for data on crime and criminal justice

(2006/581/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Whereas:

(1)

Article 29 of the Treaty on European Union assigned the European Union and the Member States the task of ensuring that the Union shall, through closer cooperation, provide citizens with a high level of safety within the area of justice, freedom and security through the prevention and combating of crime, organised or otherwise.

(2)

With a view to supporting the development of harmonised and comparable European Union statistics on crime and criminal justice, essential for the development and monitoring of Community legislation and policies, as outlined in the Action Plan implementing the Hague Programme (1), the Commission may need to call upon the expertise of representatives of Member States and of specialists in an advisory body.

(3)

The production of Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (2) and actions on the establishment of Community statistics are carried out according to the Community Statistical Programme and its Annual Programmes (3) and respecting the principles set out in the European Code of Practice adopted by the Statistical Programme Committee on 24 February 2005 and attached to the Commission Communication to the European Parliament and to the Council and Recommendation of the Commission of 25 May 2005 (4) on the independence, integrity and accountability of the national and Community statistical authorities.

(4)	The expert group shall be composed of individuals competent to consider the policy needs and advise on the effective use of indicators and data in the area of crime and criminal justice.

(5)	Rules on disclosure of information by members of the expert group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5).

(6)

Personal data relating to members of the expert group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6).

(7)	The Expert group on the policy needs for data on crime and criminal justice therefore has to be set up and its terms of reference and structures detailed.

(8)	No decision is superseded by the setting up of this expert group.

(9)	The membership of this expert group is to be appointed for an initial two year mandate, after which the Commission will consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

A group of experts, the Expert group on the policy needs for data on crime and criminal justice, hereinafter referred to as ‘the expert group’ is hereby set up by the Commission.

Article 2

Task

The expert group’s tasks are:

—	to assist the Commission in establishing cooperation between Member States and other related organisations and bodies in implementing the EU plan on developing a comprehensive and coherent EU strategy to measure crime and criminal justice (7);

—	to assist the Commission in identifying the policy needs for data on crime and criminal justice at EU level;

—	to assist the Commission in identifying the needs for development of common indicators and tools designed to measure crime and criminal justice;

—	to assist the Commission in developing common indicators and other data needs;

—	to advise the Commission on relevant research and development needs or results to be taken into account in the work to implement the above mentioned EU plan;

—	to advise the Commission on collaboration with representatives from the private and academic sectors or other relevant sectors in order to include relevant knowledge and experience in the work to implement the above mentioned EU plan.

Article 3

Consultation

The Commission may consult the expert group on any matter relating to measuring crime and criminal justice, specifically on the identification of policy needs in the development of crime and criminal justice statistics.

Article 4

Membership — Appointment

1. The expert group shall be composed of a maximum of 50 members and shall include at least 40 % of members of each sex, taken from:

(a)	National public authorities in the field of Justice and Home Affairs of the EU Member States, the Acceding and the Candidate countries;

(b)

European Union bodies and networks with relevant experience and expertise of analysing or developing crime and criminal justice data for policy purposes such as European Crime Prevention Network (EUCPN); European Monitoring Centre on Drugs and Drug Addiction (EMCDDA); Eurojust; European Police Chiefs Task Force (EPCTF); the European Police Office (Europol); European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) and European Monitoring Centre on Racism and Xenophobia (EUMC); The Organisation for Security and Cooperation in Europe (OSCE);

(c)

International Organisations and non-governmental Organisations with relevant experience and expertise analysing or developing crime and criminal justice data for policy purposes. These consist of the following: the Council of Europe; the European Sourcebook Group; the United Nations Children's Fund (UNICEF); United Nations Office on Drugs and Crime Prevention (UNODC); World Health Organisation (WHO);

(d)	Individuals with expertise deriving from academic research or from the private sector in the field of analysing or measuring crime and criminal justice in the EU Member States may also become members of the expert group.

2. The Commission, Directorate-General Justice, Freedom, and Security shall appoint the members of the expert group from specialists with competence in the areas referred to in Article 2 and 4(1). In relation to point 4.1a, b and c the members shall be nominated by authorities or organisations and in relation to point 4.1d the members shall be appointed from amongst those who have responded to a call for applications.

Each Member State, Acceding and Candidate country shall nominate two persons (one of each gender) for membership of whom the Commission shall appoint one. Alternate members for the members of the expert group shall be appointed in equal numbers and on the same conditions as the members. Alternate members shall automatically replace members who are absent.

3. The members shall be appointed under 4.1a, b and c as representative of a public authority or a non-governmental organisation. Those under 4.1d shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.

4. Members of the expert group shall remain in office until such time as they are replaced or their mandate ends.

5. Members who are no longer able to contribute effectively to the expert group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate.

6. Those members appointed in a personal capacity (point 3 above) shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.

7. The names of members appointed individually are published on the Internet site of the DG Justice, Freedom and Security and in the Official Journal of the European Union, series C. The names of members are collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001.

Article 5

Operation

1. The expert group shall be chaired by the Commission.

2. The Commission shall coordinate the expert group's activities with those of the relevant working group on Crime and Criminal Justice Statistics, to be established by Eurostat within the context of the Community Statistical Programme as representing national statistical authorities. The Commission has the responsibility for the coherence of the work of both groups and shall endeavour to organise, where possible, joint meetings or meetings that take place on the same day.

3. The Commission shall coordinate relevant aspects of the expert group's activities with the work of other Commission related activities.

4. In agreement with the Commission, sub-groups, of up to a maximum of 15 members, may be set up to examine specific questions under terms of reference established by the expert group; they shall be disbanded as soon as these have been fulfilled.

5. The Commission’s representative may ask experts or observers, including those from 3rd countries, with specific competence on a subject on the agenda to participate in the expert group’s or sub-groups' deliberations if this is useful and/or necessary.

6. Information obtained by participating in the deliberations of an expert group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.

7. The expert group and its sub-groups shall normally meet on Commission premises on invitation by the Commission in accordance with the procedures and schedule established by it. The Commission provides secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.

8. The expert group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (8).

9. The Commission may publish on the Internet or otherwise, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the expert group.

Article 6

Meeting expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the expert group’s activities in accordance with the Commission’s rules on the compensation of external experts.

The members, experts and observers shall not be remunerated for the services they render.

Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Article 7

Applicability

The decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 7 August 2006.

For the Commission

Franco FRATTINI

Vice-President

(1) OJ C 198, 12.8.2005, p. 1. Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union.

(2) OJ L 52, 22.2.1997, p. 1.

(3) 2003-2007 Community Statistical Programme, as adopted by Decision No 2367/2002/EC of the European Parliament and of the Council of 16 December 2002 (OJ L 358, 31.12.2002, p. 1).

(4) COM(2005) 217 final and Recommendation of the Commission on the independence, integrity and accountability of the national and Community statistical authorities.

(5) OJ L 317, 3.12.2001, p. 1.

(6) OJ L 8, 12.1.2001, p. 1.

(7) Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, currently on Inter service Consultation.

(8) Annex III of document SEC(2005) 1004.

29.8.2006

Official Journal of the European Union

L 234/33

COMMISSION DECISION

of 28 August 2006

terminating the anti-dumping proceeding concerning imports of footwear with a protective toecap, originating in the People’s Republic of China and India

(2006/582/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)	On 13 May 2005, the Commission received a complaint pursuant to Article 5 of the basic Regulation, concerning the alleged injurious dumping of imports of footwear with a protective toecap originating in the People’s Republic of China (PRC) and India.

(2)

The complaint was lodged by the European Confederation of the Footwear industry (the complainant) on behalf of producers representing a major proportion, in this case more than 30 %, of the total Community production of footwear with a protective toecap pursuant to Articles 4(1) and 5(4) of the basic Regulation.

(3)	The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation.

(4)

By means of a notice published in the Official Journal of the European Union (2) (the notice of initiation), the Commission initiated an anti-dumping proceeding concerning imports into the Community of certain footwear with uppers of rubber or plastics (excluding waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap, currently classifiable within CN codes 6402 30 00, 6403 40 00, ex 6402 19 00, ex 6402 91 00, ex 6402 99 10, ex 6402 99 31, ex 6402 99 39, ex 6402 99 50, ex 6402 99 91, ex 6402 99 93, ex 6402 99 96, ex 6402 99 98, ex 6403 19 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 50, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 50, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98, ex 6405 10 00, ex 6405 90 10 and ex 6405 90 90, and originating in the PRC and India.

(5)

The Commission officially advised the exporting producers in the PRC and India and the importers/traders known to be concerned, the representatives of the exporting countries concerned, the complainant Community producers and other known producers in the Community, suppliers and users known to be concerned as well as their associations of the initiation of the proceeding. The interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

(6)	By a letter dated 17 July 2006 and addressed to the Commission, the complainant formally withdrew its complaint concerning the imports of footwear with a protective toecap.

(7)	In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn unless such termination would not be in the Community interest.

(8)

The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.

(9)	It is therefore concluded that the anti-dumping proceeding concerning imports into the Community of the product concerned originating in the People’s Republic of China and India should be terminated without the imposition of anti-dumping measures,

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of certain footwear with uppers of rubber or plastics (excluding waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap, falling within CN codes 6402 30 00, 6403 40 00, ex 6402 19 00, ex 6402 91 00, ex 6402 99 10, ex 6402 99 31, ex 6402 99 39, ex 6402 99 50, ex 6402 99 91, ex 6402 99 93, ex 6402 99 96, ex 6402 99 98, ex 6403 19 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 50, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 50, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98, ex 6405 10 00, ex 6405 90 10 and ex 6405 90 90, originating in the People’s Republic of China and India, is hereby terminated.

Done at Brussels, 28 August 2006.

For the Commission

Peter MANDELSON

Member of the Commission

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ C 159, 30.6.2005, p. 7.

29.8.2006

Official Journal of the European Union

L 234/35

COMMISSION RECOMMENDATION

of 17 August 2006

on the prevention and reduction of Fusarium toxins in cereals and cereal products

(Text with EEA relevance)

(2006/583/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,

Whereas:

(1)

In accordance with Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food (1), Scientific Cooperation (SCOOP) Task 3.2.10 ‘Collection of occurrence data of Fusarium toxins in food and assessment of dietary intake by the population of EU Member States’ (2) was completed in September 2003.

The results of that task demonstrate that Fusarium toxins are widely distributed in the food chain within the Community. The major sources of dietary intake of Fusarium toxins are products made from cereals, in particular wheat and maize. While the dietary intakes of Fusarium toxins for the entire population and adults are often less than the respective tolerable daily intakes (TDI), for risk groups like infants and young children, they are close to or even exceed the TDI in some cases.

(2)

In particular for deoxynivalenol, the dietary intake for young children and adolescents is close to the TDI. For zearalenone, attention should be paid to population groups not identified in the task, which might have a regularly high consumption of products with a high incidence of zearalenone contamination. For fumonisins, monitoring results for the 2003 harvest indicate that maize and maize products can be very highly contaminated by fumonisins.

(3)

Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (3) establishes maximum levels for deoxynivalenol and zearalenone and, from the year 2007 onwards, requires, maximum levels to be set for fumonisins and T-2 and HT-2 toxins in cereals and cereal products.

(4)

The maximum levels set for Fusarium toxins in cereal and cereal products take into account the toxicological evaluation, the outcome of the exposure assessment and the feasibility of achieving such levels. However, it is recognised that all efforts should be made to further reduce the presence of these Fusarium toxins in cereals and cereal products.

(5)

As regards feed, Commission Recommendation 2006/576/EC of 17 August 2006 on the presence of deoxynivalenol, zearalenone, ochratoxin A, T-2 and HT-2 toxin and fumonisins in products intended for animal feeding (4) recommends increased monitoring for the presence of Fusarium toxins in cereals and cereal products intended for animal feeding and in compound feed and provides guidance values to be used in assessing the acceptability of compound feed and cereals and cereal products for animal feeding.

(6)

The presence of Fusarium toxins in products for animal feed can result in toxic effects in all animal species, affecting animal health, although the susceptibility varies considerably amongst animal species. In order to protect animal health and to avoid adverse effects on livestock production, it is also important to prevent and reduce as far as possible the presence of Fusarium toxins in cereals and cereal products for animal feeding.

(7)

The cereal chain should therefore be encouraged to adopt good practices to prevent and reduce Fusarium toxin contamination and this should be achieved through application of the principles applied uniformly across the Community. The full implementation of the principles as set out in this Recommendation should result in a further reduction in contamination levels.

(8)	These principles take into account the ‘Code of Practice for the prevention and reduction of mycotoxin contamination in cereals, including annexes on ochratoxin A, zearalenone, fumonisins and trichothecenes (CAC/RCP 51-2003)’ adopted by the Codex Alimentarius Commission in 2003,

HEREBY RECOMMENDS:

That the Member States should take into account the uniform principles set out in the Annex when adopting measures directed at operators in the cereal chain in order to control and manage contamination of cereals by Fusarium toxins.

Done at Brussels, 17 August 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 52, 4.3.1993, p. 18. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2) Report available on the Commission's website (DG Health and Consumer Protection) at http://ec.europa.eu/food/fs/scoop/task3210.pdf

(3) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

(4) OJ L 229, 23.8.2006, p. 7.

ANNEX

PRINCIPLES FOR THE PREVENTION AND REDUCTION OF FUSARIUM TOXIN CONTAMINATION IN CEREALS

INTRODUCTION

Many species of Fusarium fungi, which are common in soil, can produce a number of different mycotoxins including the trichothecenes such as deoxynivalenol (DON), nivalenol (NIV), T-2 and HT-2 toxins and some other toxins such as zearalenone and fumonisins B1 and B2. Fusarium fungi are commonly found on cereals grown in the temperate regions of America, Europe and Asia. Several of the toxin-producing Fusarium fungi are capable of producing two or more of these toxins to a varying degree.

While the complete elimination of mycotoxin-contaminated commodities is not achievable at this time, the aim is to minimise the occurrence of these toxins through good agricultural practice. The present principles for the prevention and reduction of Fusarium toxins aim to provide uniform guidance for all Member States to consider when attempting to control and manage contamination by these mycotoxins. In order for these principles to be effective, producers in each Member State need to consider these general principles in the light of their local crops, climate, and agronomic practices before attempting to apply them. It is important for producers to realise that good agricultural practices (GAP) represent the primary line of defence in controlling the contamination of cereals by Fusarium toxins, followed by the implementation of good manufacturing practices (GMP) during the handling, storage, processing, and distribution of cereals for human food and animal feed. In drawing up national codes of practice based on the general principles and producing specific codes of practice for individual cereal species will improve applicability, particularly for crops such as maize.

These principles describe factors that can lead to fungal infection, growth and toxin production in cereal crops at farm level and the methods for their control. It must be emphasised that the planting, pre-harvest and post-harvest strategies for a particular crop will depend on the prevailing climatic conditions, taking into account the local crops and current production practices for that particular country or region. Therefore, all those involved in the supply chain should regularly carry out their own risk assessment to decide the extent of the measures to be taken to prevent or minimise contamination by Fusarium toxins.

Such assessments are particularly appropriate in relation to the type of crop to be grown, such as wheat or maize. The routes of infection and dynamics of toxin formation differ from crop to crop and are affected by agronomic factors. Cropping systems in which maize forms part of the rotation carry a high risk. Wheat and other cereals grown in these rotations or in close proximity to crops such as maize also need careful management and inspection.

The contamination of cereals by Fusarium toxins can be due to multiple factors. Good practices cannot control all such factors, for example weather conditions. Moreover, not all factors are of equal importance, and there may also be interactions among these different factors resulting in Fusarium toxin contamination. It is therefore important to adopt an integrated approach addressing all possible risk factors in a reasoned way. In particular, the accumulation of various risk factors has to be avoided, given the possible interactions amongst them.

It is also of major importance that experiences gained from previous years with the prevention and formation of Fusarium fungi and toxins are reported so that they can be used in determining the measures to be taken to prevent Fusarium formation in the following years.

Procedures should be in place to properly handle, through segregation, reconditioning, recall or redirection of use, cereal crops that may pose a threat to human and/or animal health.

The principles set out below address the key factors for the control of Fusarium toxin contamination in the field. The most important are: crop rotation, soil management, choice of variety or hybrid and correct fungicide use.

RISK FACTORS TO BE TAKEN INTO ACCOUNT IN GOOD AGRICULTURAL PRACTICES (GAP)

CROP ROTATION

Crop rotation is generally an effective way of reducing the risk of contamination depending on the fungal strain and crop variety. It is very effective in reducing contamination for winter cereals in particular. Crops other than grass which are not hosts to Fusarium species that affect cereals, such as potatoes, sugar beet, clover, alfalfa or vegetables, should be used in rotation to reduce the inoculum in the field. The planting of consecutive crops of small grain cereals, such as wheat, should only be considered after an assessment of the risks of Fusarium infection has been undertaken.

The significant interaction found between the previous crop and soil management has indicated the importance of host crop debris in the life-cycle of Fusarium head blight pathogens. When wheat crops were grown following a crop, which is susceptible to Fusarium spp. such as maize or cereals, levels of DON were higher. Particularly high DON concentrations were found where maize was the previous crop, since it is an alternative host for Fusarium graminearum, which is known to be a potent DON producer. However, DON levels were significantly lower in wheat crops following a Fusarium susceptible crop where ploughing was practised, in comparison to wheat crops following a susceptible crop but with minimum cultivation.

CHOICE OF VARIETY/HYBRID

Choose the hybrids or varieties most suitable for the soil and climatic conditions and the agronomic practices normally used. This will reduce plant stress, making the crop less susceptible to fungal infection. Only varieties recommended for use in a Member State or particular area within a Member State should be planted in that particular area. Where they are available, grow seed varieties developed for resistance to seed-infecting fungi and insect pests. The choice of variety for its tolerance to Fusarium infection should also be based on the infection risk.

CROP PLANNING

As far as practical, cropping should be planned to avoid climatic conditions that extend ripening in the field before harvest. Drought stress also has to be considered as a risk factor for Fusarium infection.

Avoid overcrowding of plants by maintaining the recommended row and intra-plant spacing for the species/varieties grown. Information on plant spacing may be provided by seed companies.

SOIL AND CROP MANAGEMENT

10.

Cultivation must pay due regard to the risks of erosion and to good land management. Any practice resulting in the removal, destruction or burial of infected crop residues, such as ploughing, is likely to reduce the Fusarium inoculum for the following crop. The soil should be cultivated to leave a rough surface or coarse seed bed to encourage the infiltration of water and minimise the risk of erosion of soil and associated nutrients. If ploughing is being considered, the optimum time for it in the rotation would be between two Fusarium susceptible crops. Please also refer to point 7.

11.

Whenever possible and practical, prepare the seed bed for each new crop by ploughing under or removing old seed heads, stalks, and other harvest residues that may have served, or may potentially serve, as substrates for the growth of mycotoxin-producing fungi. In areas that are vulnerable to erosion, conservation tillage practices may be required in the interest of soil conservation. In the latter case, particular attention needs to be paid to the management of harvest residues that could be the source of possible contamination of the following crop by Fusarium fungi: these harvest residues should be ground as finely as possible during or following the harvest of the preceding crop and incorporated into the soil so as to facilitate their decomposition (mulching).

12.

Plant stress should be avoided where possible. Stress can be caused by many factors, including drought, cold, nutrient deficiencies and adverse reaction to materials applied to the crop. In taking steps to avoid plant stress, for example the use of irrigation, steps should be taken to minimise the subsequent risk of fungal infection, e.g. by avoiding spray irrigation during anthesis. Irrigation is a valuable method of reducing plant stress in some growing situations. An optimised nutrient supply is essential to avoid weakness, which can promote Fusarium infection, but also to decrease lodging. An area- and plant-specific nutrient supply must be maintained.

13.

There is no evidence that insect control has any effect on Fusarium head blight of cereals in general. However, the control of insects on maize can reduce the incidence of Fusarium ear rot and the resulting fumonisin content of maize. Fungicide seed treatments are effective against many seed-borne and soil-borne seedling blights and seed rots. Preventive measures should be used as far as possible to minimise fungal infection and insect damage to the crop and, if necessary, approved and registered insecticides and fungicides to control toxigenic Fusarium fungi can be used as recommended by the manufacturers. Where the use of pesticides is inappropriate, other appropriate practices should be used within an integrated or organic pest management programme. It should be stressed that the timely application of fungicide is crucial to control fungal infestation and should be based on meteorological information and/or crop surveys. Infection commonly occurs at flowering, which means that mycotoxins can be produced. If fungal infection and mycotoxins are subsequently found in the crop, then handling, mixing and use of the grain needs to reflect this.

14.

Fusarium species have been isolated from a wide range of grasses and broad-leaved weed species and a high weed density has been shown to result in increased infection by Fusarium. Weeds in the crop should be controlled by mechanical methods or by the use of registered herbicides or other safe and suitable weed eradication practices.

15.

There are data to indicate that lodging has a significant effect on Fusarium toxin levels in the grain. Therefore, lodged grain should be avoided at harvest, especially if it is wet and the first signs of sprouting are visible. Avoid the lodging of crops by adjusting seed rates, the rational use of fertilizers and the application of plant growth regulators where appropriate. Excessive stem shortening is to be avoided.

HARVESTING

16.

If possible, identify high risk situations using weather and disease monitoring services. Assess the quality of the grain before harvest, taking into account the limitations of representative sampling and quick analysis on site. Where possible, segregate parcels of grain, such as lodged grain, that are known or suspected to have high levels of Fusarium infection. If practicable, segregate grain on the basis of both market quality requirements, such as for bread making or for animal feed, and ex-field quality such as lodged, damp, clean or dry.

17.

Whenever possible, harvest grain at the appropriate moisture content. Delayed harvesting of grain already infected by Fusarium species may cause a significant increase in the mycotoxin content of the crop. Ensure that procedures such as the timely availability of crop-drying resources are in place in case the crop cannot be harvested at the ideal moisture content.

18.

Before harvest time, make sure that all equipment and facilities to be used for the harvesting and storage of crops are functional. A breakdown during this critical period may cause grain quality losses and enhance mycotoxin formation. Keep important spare parts available on the farm to minimise time lost due to repairs. Make sure that the equipment needed for moisture content measurements is available and calibrated.

19.

As far as possible, avoid mechanical damage to the grain and avoid contact with soil during harvesting. Small, shrivelled grain may contain higher amounts of mycotoxins than healthy normal grain. Removal of shrivelled grain by correct setting of the combine or cleaning after harvest to remove damaged kernels and other foreign matter may help reduce mycotoxin levels. While some seed cleaning procedures, such as gravity tables, may remove some infected kernels, kernels with symptomless infections cannot be removed by standard cleaning methods.

DRYING

20.

Either at harvest or immediately afterwards, determine the moisture levels of the crop. Samples taken for moisture measurements should be as representative as possible. If necessary, dry the crop as soon as possible to the moisture content recommended for the storage of that crop. When harvesting wet grains that have to be dried, as is the case with maize in particular, the period between harvesting and drying should be minimised. In such cases, therefore, the harvest has to be planned according to the capacity of the dryers.

21.

Cereals should be dried in such a manner that moisture levels are lower than those required to support mould growth during storage. A water activity of less than 0,65 corresponds generally to a moisture content of less than 15 %. More specific guidance on moisture levels should be provided in national codes, taking into account local storage conditions. This is necessary to prevent the growth of a number of fungal species that may be present on fresh grains.

22.

Where damp cereals need to be stored before drying, there is a risk of mould growth within a few days, which may be accompanied by heating. Cereals should be dried in such a manner that damage to the grain is minimised. The time period that wet, freshly harvested grain is kept piled or heaped prior to drying or cleaning should be as brief as possible to lessen the risk of fungal growth. Aerate wet grain to avoid overheating prior to drying. Where practical, cereal lots with different risks of contamination should not be mixed.

23.

To reduce the variation of moisture content within a lot, the grain may be moved to another facility, or silo, after drying.

STORAGE

24.

For bagged commodities, ensure that bags are clean, dry and stacked on pallets or incorporate a water-impermeable layer between the bags and the floor.

25.

Where possible, aerate the grain by circulation of air through the storage area to maintain proper and uniform temperature levels throughout the storage area. Check moisture content and temperature of the stored grain at regular intervals during the storage period. Odour can indicate that grain is heating, particularly if the store is enclosed.

26.

Measure the temperature of the stored grain at several fixed time intervals during storage. A temperature rise may indicate microbial growth and/or insect infestation. Separate the apparently infected portions of the grain and send samples for analysis. After separation, lower the temperature in the remaining grain and aerate. Avoid using infected grain for food or feed production.

27.

Use good housekeeping procedures to minimise the presence of insects and fungi in storage facilities. This may include the use of suitable, registered insecticides and fungicides or appropriate alternative methods. Care should be taken to select only those chemicals that will not interfere or cause harm, depending on the intended end use of the grain, and should be strictly limited.

28.

The use of a suitable, approved preservative, for example an organic acid such as propionic acid, may be beneficial for cereals intended for feedstuffs. Propionic acid and its salts are fungistatic and are sometimes used for preserving damp grain on-farm after harvest to avoid heating and moulding prior to treatment. They should be applied promptly with appropriate application equipment to provide even coverage of the whole batch of grain being treated while ensuring good operator safety. If the grain has been treated after a period of damp storage, the use of a preservative is not a guarantee of uncontaminated grain.

TRANSPORT FROM STORAGE

29.

Transport containers should be dry and free of visible fungal growth, insects and any contaminated material. As necessary, transport containers should be cleaned and disinfected before use and re-use and be suitable for the intended cargo. Registered fumigants or insecticides may be useful here. Upon unloading, the transport container should be emptied of all cargo and cleaned as appropriate.

30.

Shipments of grain should be protected from additional moisture by using covered or airtight containers or tarpaulins. Avoid temperature fluctuations and any actions that may cause condensation to form on the grain, which could lead to local moisture build-up with subsequent fungal growth and mycotoxin formation.

31.

Avoid insect, bird and rodent infestation during transport by the use of insect- and rodent-proof containers and other appropriate methods and, if necessary, by applying insect- and rodent-repellent chemical treatments if they are approved for the intended end use of the grain.

29.8.2006

Official Journal of the European Union

L 234/41

COMMISSION DECISION

of 25 August 2006

allowing Member States to extend provisional authorisations granted for the new active substance beflubutamid

(notified under document number C(2006) 3806)

(Text with EEA relevance)

(2006/584/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(1) thereof,

Whereas:

(1)

In accordance with Article 6(2) of Directive 91/414/EEC, in March 1998 Germany received an application from UBE Europe GmbH for the inclusion of the active substance beflubutamid (former names: UBH 820, UR 50601) in Annex I to Directive 91/414/EEC. Commission Decision 2000/784/EC (2) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.

(2)

Confirmation of the completeness of the dossier was necessary in order to allow it to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods up to three years, for plant protection products containing the active substance concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the condition relating to the detailed assessment of the active substance and the plant protection product in the light of the requirements laid down by that Directive.

(3)

For this active substance, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The rapporteur Member State submitted the draft assessment report to the Commission on 3 August 2002.

(4)

Following submission of the draft assessment report by the rapporteur Member State, it has been found to be necessary to request further information from the applicant and to have the rapporteur Member State examine that information and submit its assessment. Therefore, the examination of the dossier is still ongoing and it will not be possible to complete the evaluation within the timeframe provided for in Directive 91/414/EEC.

(5)

As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substance concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossier to continue. It is expected that the evaluation and decision-making process with respect to a decision on possible Annex I inclusion for beflubutamid will have been completed within 24 months.

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

HAS ADOPTED THIS DECISION:

Article 1

Member States may extend provisional authorisations for plant protection products containing beflubutamid for a period not exceeding 24 months from the date of adoption of this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 August 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/64/EC (OJ L 206, 27.7.2006, p. 107).

(2) OJ L 311, 12.12.2000, p. 47.

		ISSN 1725-2555
Official Journal of the European Union		L 234

English edition	Legislation	Volume 49 29 August 2006

Contents		I Acts whose publication is obligatory	page
		Commission Regulation (EC) No 1280/2006 of 28 August 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
	*	Commission Regulation (EC) No 1281/2006 of 28 August 2006 derogating for 2005/06 from Regulation (EC) No 595/2004 as regards the time limit by which purchasers and producers must pay the levy on milk and milk products	3
	*	Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products	4

	II Acts whose publication is not obligatory
	Commission
*	Commission Decision of 7 August 2006 setting up a group of experts on the policy needs for data on crime and criminal justice	29
*	Commission Decision of 28 August 2006 terminating the anti-dumping proceeding concerning imports of footwear with a protective toecap, originating in the People’s Republic of China and India	33
*	Commission Recommendation of 17 August 2006 on the prevention and reduction of Fusarium toxins in cereals and cereal products ( 1 )	35
*	Commission Decision of 25 August 2006 allowing Member States to extend provisional authorisations granted for the new active substance beflubutamid (notified under document number C(2006) 3806) ( 1 )	41