14.12.2006   

EN

Official Journal of the European Union

L 354/1

(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,

14.12.2006   

EN

Official Journal of the European Union

L 354/3

(1)

Commission Regulation (EC) No 2092/2004 (2) opens, on a multi-annual basis for periods from 1 January to 31 December, a duty-free import tariff quota for the import of 1 200 tonnes of dried boneless beef falling within CN code ex 0210 20 90 and originating in Switzerland.

(2)

Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (3) applies to import licences for import tariff quota periods starting from 1 January 2007. Regulation (EC) No 1301/2006 lays down in particular detailed provisions on applications for import licences, the status of applicants and the issue of licences. That Regulation provides that import tariff quotas shall be opened for a period of 12 consecutive months and limits the period of validity of licences to the last day of the import tariff quota period. The provisions of Regulation (EC) No 1301/2006 should apply to import licences issued pursuant to Regulation (EC) No 2092/2004, without prejudice to additional conditions or derogations laid down in that Regulation. As Regulation (EC) No 2092/2004 provides that the quota in question is managed on the basis of certificates of authenticity issued by the Swiss authorities and import licences, it is necessary to align the provisions of Regulation (EC) No 2092/2004 on Chapter I and III of Regulation (EC) No 1301/2006 where appropriate.

(3)

Regulation (EC) No 2092/2004 should therefore be amended accordingly.

(4)

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

1.

In Article 1, the first sub-paragraph is replaced by the following:

‘A Community duty-free import tariff quota for dried boneless meat of bovine animals falling within CN code ex 0210 20 90 and originating in Switzerland is hereby opened every year for an annual volume of 1 200 tonnes for periods from 1 January to 31 December (hereinafter the quota).’

2.

In Article 2(2), the second sub-paragraph is deleted.

3.

Article 5 is replaced by the following:

‘Article 5

Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue.’

4.

Article 6 is replaced by the following:

‘Article 6

The provisions of Regulations (EC) No 1291/2000 and (EC) No 1445/95, as well as Chapter I and III of Regulation (EC) No 1301/2006 shall apply, subject to the provisions of this Regulation.’

14.12.2006   

EN

Official Journal of the European Union

L 354/5

(1)

All pharmacologically active substances used in the Community in veterinary medicinal products intended for food-producing animals should be evaluated in accordance with Regulation (EEC) No 2377/90.

(2)

The substance Doramectin is included in Annex I to Regulation (EEC) No 2377/90 for bovine for muscle, fat, liver and kidney excluding bovines producing milk for human consumption. This substance is also included in Annex I to Regulation (EEC) No 2377/90 for porcine, ovine, deer, including reindeer, for muscle, fat, liver and kidney excluding ovines producing milk for human consumption. The entry for Doramectin in that Annex should be modified and extended to all mammalian food-producing species for muscle, fat, liver and kidney, excluding animals from which milk is produced for human consumption.

(3)

Regulation (EEC) No 2377/90 should therefore be amended accordingly.

(4)

An adequate period should be allowed before the applicability of this Regulation in order to enable Member States to make any adjustment which may be necessary in the light of this Regulation to the authorisations to place the veterinary medicinal products concerned on the market which have been granted in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (2) to take account of the provisions of this Regulation.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

14.12.2006   

EN

Official Journal of the European Union

L 354/8

(1)

The rules concerning production and trade arrangements for the sugar market inserted in Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1) by the Act of Accession of Bulgaria and Romania should be applicable as from 1 January 2007, subject to the entry into force of the Act of Accession on that date. However, for the marketing year 2006/07, the entire beet sugar production of Bulgaria and Romania will have been produced under national arrangements. Transitional measures are therefore required to change over from the production and trade arrangements in force in Bulgaria and Romania to those provided for in Regulation (EC) No 318/2006. Consequently, the provisions on minimum beet prices, inter-professional agreements and quota allocation provided for in Articles 5, 6 and 7 of Regulation (EC) No 318/2006 should not apply to Bulgaria and Romania in the marketing year 2006/07.

(2)

Article 4(1) of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (2) fixes the deadline for submitting applications for the restructuring aid at 31 July 2006 in respect of the marketing year 2006/07. It was thus not possible for undertakings established in Bulgaria and Romania to submit applications for restructuring aid in respect of that marketing year. Those undertakings should therefore not have to pay the restructuring amount provided for in Article 11 of Regulation (EC) No 320/2006 in respect of the marketing year 2006/07.

(3)

In the case of isoglucose, production is steady and in keeping with demand. It is necessary to determine for the period from 1 January to 30 September 2007 the appropriate national isoglucose quotas for Bulgaria and Romania in order to ensure the balance between production and consumption in the Community as constituted at 1 January 2007. Those transitional isoglucose quotas should be calculated on a pro rata temporis basis.

(4)

In order to allow undertakings established in Bulgaria and Romania to participate in the restructuring scheme established by Regulation (EC) No 320/2006 under the same conditions as those applicable to undertakings established in the Community as constituted at 31 December 2006, it is necessary to make certain adjustments in relation to the marketing year 2007/08, in particular as regards the chronological order referred to in Article 8(1) of Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (3).

(5)

In accordance with the Act of Accession, the agreed raw sugar supply need for refining is 198 748 tonnes for Bulgaria and 329 636 tonnes for Romania per marketing year. However, the quantities of traditional supply need distributed for Bulgaria and Romania should be reduced on a pro rata temporis basis to reflect the fact that Bulgaria and Romania will only participate in the 2006/07 marketing year for the period from 1 January 2007 to 30 September 2007.

(6)

The full-time refiners in Bulgaria and Romania rely to a large extent on imports of raw cane sugar from traditional suppliers in certain third countries. The Commission has therefore proposed to the Council to open tariff quotas for imports of such sugar from any third country for the marketing years 2006/07, 2007/08 and 2008/2009 (4). However, in order to avoid disruption of the supply of raw cane sugar for refiners in these Member States at the moment of accession, it is considered necessary to adopt transitional measures for the purpose of opening such tariff quotas at 1 January 2007.

(7)

The transitional tariff quotas opened for Bulgaria and Romania under this Regulation should apply only until the Council has adopted permanent measures.

(8)

Import licences issued under the tariff quotas opened by this Regulation should be reserved for approved full-time refiners in Bulgaria and Romania.

(9)

The amount of the import duty applicable to imports under the tariff quotas opened by this Regulation should be fixed at a level which ensures fair competition in the Community sugar market, but which is not prohibitive for imports into Bulgaria and Romania. Taking into account that imports under these tariff quotas could be carried out from any third country it is therefore appropriate to fix the level of import charges at EUR 98 per tonne, which is the same level as fixed for CXL concessions sugar under Article 24 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (5).

(10)

There is a considerable risk of disruption on the markets in the sugar sector by products being introduced into Bulgaria and Romania before their accession to the European Union for speculation purposes. Provisions facilitating the transition should therefore be made to avoid such speculative movements or other market disturbances. Similar provisions have already been taken by Commission Regulation (EC) No 1683/2006 of 14 November 2006 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of Bulgaria and Romania (6). Specific rules are necessary in order to take into account the particularities of the sugar sector.

(11)

Provisions should be taken to prevent operators from circumventing the application of charges on certain sugar products in free circulation by placing goods which have been already released for free circulation in the Community as constituted at 31 December 2006 or in Bulgaria or Romania before accession under a suspensive regime, either in temporary storage or under one of the treatments or procedures referred to in Articles 4(15)(b) and (16)(b) to (g) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (7).

(12)

Furthermore, and in accordance with the Act of Accession of Bulgaria and Romania, quantities of stocks of sugar or isoglucose exceeding the normal carry-over stock should be eliminated from the market at the expense of Bulgaria and Romania. Determination of the surplus quantities should be carried out by the Commission on the basis of trade developments and production and consumption trends in Bulgaria and Romania during the period from 1 January 2003 to 31 December 2006. For this procedure, besides sugar and isoglucose, other products with a significant added sugar equivalent content should also be considered as they could also be possible targets of speculation. In cases where the determined surplus quantity of sugar and isoglucose is not eliminated from the Community market by 30 April 2008 at the latest, Bulgaria and Romania should be made financially responsible for the relevant quantity.

(13)

The amount to be charged to Bulgaria or Romania and assigned to the Community budget in case of non elimination of surplus stocks should be calculated on the basis of the highest positive difference between the white sugar reference price fixed at EUR 631,9 per tonne by Article 3(1)(a) of Regulation (EC) No 318/2006 and the world market price of white sugar during the period of 1 January 2007 to 30 April 2008. For the purpose of this calculation the monthly average of the quotations at the London No. 5 white sugar futures market for the nearest term, that is to say the nearest delivery month for which trading of white sugar is possible, should be considered as the world market price.

(14)

It is in the interest of both the Community and Bulgaria and Romania to prevent the accumulation of surplus stocks and in any case be able to identify those operators or individuals involved in major speculative trade movements. For that purpose, Bulgaria and Romania should have in place on 1 January 2007 a system that enables them to identify those responsible for such developments. This system should allow Bulgaria and Romania to identify the economic operators which have contributed to surplus quantity referred to in recital 12 with a view to recovering, as far as possible, the amounts assigned to the Community budget. Bulgaria and Romania should use this system to compel identified operators to eliminate their individual surplus quantity from the Community market. Where identified operators cannot provide appropriate proof of elimination they should be charged EUR 500 per tonne (white sugar equivalent) for the surplus sugar not eliminated. This is the same amount as that fixed for the levy provided for in Article 3 of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (8). While both economic operators and households may contribute to the surplus quantity referred to in recital 12, it is most likely to be operators. However, it is not feasible to require households to contribute to this amount.

(15)

For the determination of surplus stocks and the elimination of identified surplus stocks, Bulgaria and Romania should provide the Commission with the most recent statistics on trade, production and consumption of the products considered, as well as proof of elimination from the market of the identified surplus stocks by the set deadline.

(16)

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

Bulgaria: 149 061 tonnes;

Romania: 247 227 tonnes.

(a)

in boxes 17 and 18: the quantities of raw sugar, in white sugar equivalent, which may not exceed the quantities for Bulgaria and Romania respectively indicated in Article 3(1);

(b)

in box 20: at least one of the entries listed in part A of Annex II;

(c)

in box 24 (in the case of licences): at least one of the entries listed in part B of Annex II.

(a)

‘sugar’ means:

(b)

‘isoglucose’ means the product falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10, 1702 90 30 and 2106 90 30;

(c)

‘processed products’ means products having an added sugar/sugar equivalent content exceeding 10 %, which have resulted from the processing of agricultural products;

(d)

‘fructose’ means chemically pure fructose under CN code 1702 50 00.

(a)

the quantity of sugar as such or in processed products (in white sugar equivalent);

(b)

the quantity of isoglucose (dry matter);

(c)

the quantity of fructose

(a)

imported and exported quantities of sugar as such or in processed products, isoglucose and fructose;

(b)

production, consumption and stocks of sugar and isoglucose;

(c)

the circumstances in which stocks were built up.

(a)

type of activity of the operators concerned;

(b)

capacity of storage facilities;

(c)

level of activities.

(a)

by export from the Community by identified operators, without national support;

(b)

by use in the sector of combustibles;

(c)

by denaturation without aid for animal feed in accordance with Titles III and IV of Commission Regulation (EEC) No 100/72 (10).

(a)

export licences issued in accordance with Commission Regulations (EC) No 1291/2000 (11) and (EC) No 951/2006 (12);

(b)

relevant documents referred to in Articles 32 and 33 of Regulation (EC) No 1291/2000 necessary for the release of the guarantee.

(a)

information on the system established for the identification of surplus quantities referred to in Article 10;

(b)

quantities of sugar, isoglucose, fructose and processed products imported and exported monthly for the period from 1 January 2003 to 31 December 2006, communicated separately for imports from and exports to

(c)

for the period from 1 January 2003 to 31 December 2006, the quantities of sugar and isoglucose produced annually, broken down, as the case may be, by production under quota and out of quota, refined from imported raw sugar and consumed annually;

(d)

for the period from 1 January 2003 to 31 December 2006, the stocks of sugar and isoglucose held on 1 January of each year.

14.12.2006   

EN

Official Journal of the European Union

L 354/19

(1)

Commission Regulation (EC) No 750/2005 of 18 May 2005 on the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States (2) set out the version of that nomenclature which was valid as of 1 June 2005.

(2)

The alphabetical coding of countries and territories must be based on the current version of standard ISO alpha 2, insofar as it is compatible with the requirements of Community legislation and the statistical requirements of the Community. Commission Regulation (EC) No 2286/2003 of 18 December 2003 (3) amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code provided for a transitional period for the adaptation of automated customs clearance systems. Whereas that period has now expired, it is no longer necessary to use the numerical codes in parallel with the alphabetical codes.

(3)

Montenegro has become an independent State.

(4)

It is therefore appropriate to draw up a new version of the nomenclature which takes account of these developments and of changes affecting certain codes.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Statistics Relating to the Trading of Goods with Non-Member Countries,

14.12.2006   

EN

Official Journal of the European Union

L 354/29

(1)

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2006.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2006.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

14.12.2006   

EN

Official Journal of the European Union

L 354/31

(1)

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2006.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2006.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

14.12.2006   

EN

Official Journal of the European Union

L 354/33

(1)

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2006.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2006.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

14.12.2006   

EN

Official Journal of the European Union

L 354/35

(1)

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2006.

(2)

On 28 February 2006 France notified the Commission, pursuant to Article 21(2) of Regulation (EEC) No 2847/93, that it would close the fishery for herring in the waters of ICES zone IVc, VIId for vessels flying its flag, with effect from 1 March 2006.

(3)

On 26 April 2006 the Commission, pursuant to Article 21(3) of Regulation (EEC) No 2847/93 and Article 26(4) of Regulation (EC) No 2371/2002, adopted Regulation (EC) No 636/2006 prohibiting fishing for herring in the waters of ICES zone IVc, VIId by vessels flying the flag of France (4) or registered in France, with effect from the same date.

(4)

According to the information received by the Commission from the French authorities, a quantity of herring is still available in the French quota for ICES zone IVc, VIId. Consequently, fishing for herring in these waters by vessels flying the flag of France or registered in France should be authorised.

(5)

This authorisation should take effect on 19 October 2006, in order to allow the quantity of herring in question to be finished before the end of the current year.

(6)

Commission Regulation (EC) No 636/2006 should consequently be repealed with effect from 19 October 2006,

14.12.2006   

EN

Official Journal of the European Union

L 354/37

(1)

Commission Regulation (EC) No 1961/2001 (2) sets detailed rules covering export refunds on fruit and vegetables.

(2)

Under Article 35(1) of Regulation (EC) No 2200/96 refunds can be granted on products exported by the Community, to the extent necessary to enable economically significant quantities to be exported and within the limits ensuing from agreements concluded in line with Article 300 of the Treaty.

(3)

In line with Article 35(2) of Regulation (EC) No 2200/96 care should be taken to ensure that trade flows already engendered by the granting of refunds are not disturbed. For that reason and given the seasonal nature of fruit and vegetable exports quantities should be set product by product using the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). In setting quantities account must be taken of perishability.

(4)

Article 35(4) of Regulation (EC) No 2200/96 stipulates that when refunds are set account is to be taken of the existing situation and outlook for prices and availability of fruit and vegetables on the Community market and for international trade prices, of marketing and transport costs and of the economic aspects of the exportation envisaged.

(5)

Article 35(5) of Regulation (EC) No 2200/96 requires Community market prices to be determined using the prices that are most favourable from the point of view of exportation.

(6)

The international trade situation or specific requirements of certain markets may necessitate differentiation of the refund on a given product by destination.

(7)

Economically significant exports can at present be made of shelled almonds, hazelnuts and walnuts in shell.

(8)

Since nuts have a relatively long storage life export refunds can be set at longer intervals.

(9)

In order to permit the best possible use of available resources the export refunds should, given the structure of exportation from the Community, be set using system A1.

(10)

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

14.12.2006   

EN

Official Journal of the European Union

L 354/39

(1)

Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC, Euratom) No 351/2006 (3).

(2)

Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2006, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

14.12.2006   

EN

Official Journal of the European Union

L 354/42

(1)

Pursuant to Directive 2000/29/EC, a financial contribution from the Community may be granted to Member States to cover expenditure relating directly to the necessary measures which have been taken or are planned to be taken for the purpose of combating harmful organisms introduced from third countries or from other areas in the Community, in order to eradicate or, if that is not possible, to contain them.

(2)

By Commission Decisions 2001/811/EC (2), 2002/889/EC (3), 2003/787/EC (4) and 2004/772/EC (5), a financial contribution from the Community was already granted to Portugal for measures aiming at the control of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode), hereinafter ‘PWN’, in the years 1999-2003, that is for the maximum duration possible. Starting from 2003 a ‘mid-term eradication plan’ was implemented by Portugal to control the spread of PWN with the aim of eradicating it.

(3)

However, Article 23(6) of Directive 2000/29/EC provides for the possibility to implement further action, if this is necessary to combat PWN.

(4)

In April 2006, Portugal presented to the Standing Committee on Plant Health (hereinafter referred to as the Committee) an overview of the results of the survey and the control campaign conducted between 1 November 2005 and 1 April 2006 in the demarcated area for PWN in Portugal. The results showed that, despite the measures taken in the previous years, the area where PWN is present has enlarged considerably.

(5)

The Commission and the Committee concluded that the mid-term eradication plan has to be revised by Portugal and that urgent action was required, including an intensified survey campaign and a redefinition of the demarcated area.

(6)

In May 2006, Portugal presented to the Committee an action plan with measures to be envisaged for combating a further spread of PWN. (6) These measures included an updated delimitation of the demarcated area, eradication of all declining trees in that area, continued monitoring and the creation of a barrier free from all host trees of the pinewood nematode vector, that is a ‘clear cut belt’, which should stop the spread of PWN to other Member States, safeguarding them from devastating losses for pine forests and possible trade restrictions from third countries. It defines in particular the parts of the territory where the clear cut belt will be situated. A final version of this action plan was approved by the Committee in July 2006.

(7)

In July 2006, Portugal introduced a programme for further actions for PWN and a budget estimation referring to this programme in order to receive a financial contribution from the Community. The different parts of the Portuguese territory where the actions have to take place, which determine the geographical area benefiting from a financial contribution from the Community, are defined in the above mentioned action plan.

(8)

The programme provided for by Portugal has enabled the Commission to analyse the situation accurately and comprehensively and to conclude that the conditions for the granting of a Community financial contribution, as laid down in Article 23(6) of the Directive have been met. That Community financial contribution should be granted for expenditure under that programme that improves the phytosanitary protection of the rest of the Community against a further spread of PWN from the demarcated area. That contribution should, consequently, be granted for all actions directly linked to the creation of a clear cut belt as an area free from PWN vector hosts.

(9)

The Community financial contribution may, in general, cover no more than 50 % of eligible expenditure. However, where such further action, is essentially designed to protect Community territories other than that of the Member State concerned, that contribution may be larger. Given the great relevance of PWN for coniferous plants and wood, the rapidity with which the disease spreads, the proximity of another Member State to the infested zone and the possible impact on European forestry and international wood trade, that condition is fulfilled with respect to the measures relating to the creation of a clear cut belt, as provided for in the Portuguese action plan. Therefore, it is appropriate to allocate a Community financial contribution of 75 %.

(10)

In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (7), plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purpose of financial control of these measures Articles 9, 36 and 37 of Regulation 1290/2005 shall apply.

(11)

The actions linked to the creation of a clear-cut belt as an area free from PWN vector hosts should be in compliance with the applicable Community environmental legislation.

(12)

The measures provided in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

(a)

it can be concluded from technical progress reports to be provided by Portugal to the Commission on 15 January and 15 April 2007 and from inspection missions carried out by the Food and Veterinary Office of the Commission that the measures referred to in Annex I have been implemented by Portugal by 31 March 2007 at the latest, in an appropriate way to meet the objectives referred to in Article 1; and

(b)

an official request for payment has been submitted by Portugal to the Commission by 31 August 2007 at the latest, accompanied by a financial report and a final technical report as provided for in Article 5.

(a)

a final technical report showing the implementation of all actions referred to in Annex I and their respective date of completion;

(b)

a financial report, presented in the format laid down in Annex II, showing the expenditure relating to the various measures for which a Community financial contribution is requested together with appropriate documentation, such as invoices or receipts.

14.12.2006   

EN

Official Journal of the European Union

L 354/48

(1)

Commission Decision 2005/176/EC lays down the codified form and the codes for the notification of animal diseases pursuant to Directive 82/894/EEC (2).

(2)

In view of the Accession of Bulgaria and Romania, it is appropriate to adapt Decision 2005/176/EC.

(3)

Decision No 1/2001 of the EC-Faeroe Islands Joint Committee of 31 January 2001 laying down the provisions to implement the Protocol on veterinary matters supplementing the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part (3), states that the Faeroe Islands are to take part in the Animal Disease Notification System (ADNS system).

(4)

The Faeroe Islands have submitted to the Commission a list of the regions they will use in the ADNS system. Those regions should therefore be added to Decision 2005/176/EC.

(5)

Spain has adjusted the names and boundaries of its veterinary regions. The adjustment of the regions in Spain affects the ADNS system set out in Decision 2005/176/EC. The new regions should therefore replace the current ones in the ADNS system.

(6)

The World Organisation for Animal Health (OIE) in May 2005 at its General Assembly adopted a revised Chapter for avian influenza, making it compulsory from 1 January 2006 to notify both highly pathogenic avian influenza and low pathogenic avian influenza to the OIE. To enable the notification to the ADNS system of outbreaks of highly pathogenic avian influenza to be distinguished from notifications of outbreaks of low pathogenic avian influenza, different disease codes should be given for those diseases.

(7)

Furthermore, to enable the notification of outbreaks of avian influenza in wild birds to be distinguished from those in domestic poultry, different codes should be given for these separate events.

(8)

Decision 2005/176/EC should therefore be amended accordingly.

(9)

In order to protect confidentiality of the transmitted information, the Annexes to this Decision should not be published.

(10)

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

1.

Annexes IV, V and X/11 are replaced by the text in Annex I to this Decision.

2.

The text in Annex II to this Decision is inserted in Annex X.

14.12.2006   

EN

Official Journal of the European Union

L 354/50

(1)

Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

(2)

Canada has requested to add a new embryo production team to the list as regards entries for that country.

(3)

New Zealand has requested that amendment be made to the name of a centre as regards the entries for that country.

(4)

The United States of America have requested to amend some details concerning certain embryo collection and production teams as regards entries for that country.

(5)

Canada, New Zealand and the United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of those countries.

(6)

Decision 92/452/EEC should therefore be amended accordingly.

(7)

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

14.12.2006   

EN

Official Journal of the European Union

L 354/52

(1)

Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (1) sets out a list of border inspection posts for veterinary checks on live animals and animal products introduced into the Community from third countries in the Annex to that Decision (‘the list of border inspection posts’).

(2)

The accession of Bulgaria and Romania on 1 January 2007 will result in significant movements and changes in the Community's borders with neighbouring third countries.

(3)

Following the accession of those two countries, Hungary will cease to be the south eastern land border of the Community and the existing land border inspection post and live animal crossing point at Nagylak on the Hungarian-Romanian border will lose its function. Accordingly, it should be deleted from the list of border inspection posts. This deletion has been enacted in the package of legal technical adaptations necessary as a result of enlargement.

(4)

In addition, the Greek border with Bulgaria will also cease to be a frontier with a third country, and the existing land border inspection posts on that frontier at Ormenion and Promochonas will lose their function. Accordingly, they should be deleted from the list of border inspection posts. This deletion has also been enacted in the package of legal technical adaptations necessary as a result of enlargement.

(5)

All the proposed new locations in Bulgaria and Romania, put forward as border inspection posts with third countries, have been inspected by the Food and Veterinary Office of the Commission who have recommended that those completed satisfactorily should be approved by the Commission. Therefore, those locations should be included in the list of border inspection posts.

(6)

Decision 2001/881/EC should therefore be amended accordingly.

(7)

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

14.12.2006   

EN

Official Journal of the European Union

L 354/54

(1)

Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.

(2)

A dossier for the active substance flubendiamide was submitted by Bayer CropScience AG to the authorities of Greece on 30 March 2006 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.

(3)

The authorities of Greece have indicated to the Commission that, on preliminary examination, the dossier for the active substance concerned appears to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossier submitted appears also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossier was subsequently forwarded by the applicant to the Commission and other Member States, and was referred to the Standing Committee on the Food Chain and Animal Health.

(4)

By this Decision it should be formally confirmed at Community level that the dossier is considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.

(5)

This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.

(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,

14.12.2006   

EN

Official Journal of the European Union

L 354/56

(1)

The European Union is founded on the rule of law, a principle common to all Member States.

(2)

The area of freedom, security and justice and the internal market, created by the Treaty on European Union and the Treaty establishing the European Community, are based on the mutual confidence that the administrative and judicial decisions and practices of all Member States fully respect the rule of law.

(3)

This implies for all Member States the existence of an impartial, independent and effective judicial and administrative system properly equipped, inter alia, to fight corruption.

(4)

On 1 January 2007, Romania will become a Member of the European Union. The Commission, whilst noting the considerable efforts to complete Romania's preparations for membership, has identified remaining issues in its Report of 26 September 2006, in particular in the accountability and efficiency of the judicial system and law enforcement bodies, where further progress is still necessary to ensure their capacity to implement and apply the measures adopted to establish the internal market and the area of freedom, security and justice.

(5)

Article 37 of the Act of Accession empowers the Commission to take appropriate measures in case of imminent risk that Romania would cause a breach in the functioning of the internal market by a failure to implement the commitments it has undertaken. Article 38 of the Act of Accession empowers the Commission to take appropriate measures in case of imminent risk of serious shortcomings in Romania in the transposition, state of implementation, or application of acts adopted under Title VI of the EU Treaty and of acts adopted under Title IV of the EC Treaty.

(6)

The remaining issues in the accountability and efficiency of the judicial system and law enforcement bodies warrant the establishment of a mechanism for cooperation and verification of the progress of Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption.

(7)

If Romania should fail to address the benchmarks adequately, the Commission may apply safeguard measures based on Articles 37 and 38 of the Act of Accession, including the suspension of Member States' obligation to recognise and execute, under the conditions laid down in Community law, Romanian judgments and judicial decisions, such as European arrest warrants.

(8)

This Decision does not preclude the adoption of safeguard measures at any time on the basis of Articles 36 to 38 of the Act of Accession, if the conditions for such measures are fulfilled.

(9)

The present Decision should be amended if the Commission's assessment points at a need to adjust the benchmarks. The present Decision should be repealed when all the benchmarks have been satisfactorily fulfilled,

14.12.2006   

EN

Official Journal of the European Union

L 354/58

(1)

The European Union is founded on the rule of law, a principle common to all Member States.

(2)

The area of freedom, security and justice and the internal market, created by the Treaty on European Union and the Treaty establishing the European Community, are based on the mutual confidence that the administrative and judicial decisions and practices of all Member States fully respect the rule of law.

(3)

This implies for all Member States the existence of an impartial, independent and effective judicial and administrative system properly equipped, inter alia, to fight corruption and organised crime.

(4)

On 1 January 2007, Bulgaria will become a member of the European Union. The Commission, whilst noting the considerable efforts to complete Bulgaria's preparations for membership, has identified remaining issues in its Report of 26 September 2006, in particular in the accountability and efficiency of the judicial system and law enforcement bodies, where further progress is still necessary to ensure their capacity to implement and apply the measures adopted to establish the internal market and the area of freedom, security and justice.

(5)

Article 37 of the Act of Accession empowers the Commission to take appropriate measures in case of imminent risk that Bulgaria would cause a breach in the functioning of the internal market by a failure to implement the commitments it has undertaken. Article 38 of the Act of Accession empowers the Commission to take appropriate measures in case of imminent risk of serious shortcomings in Bulgaria in the transposition, state of implementation, or application of acts adopted under Title VI of the EU Treaty and of acts adopted under Title IV of the EC Treaty.

(6)

The remaining issues in the accountability and efficiency of the judicial system and law enforcement bodies warrant the establishment of a mechanism for cooperation and verification of the progress of Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organised crime.

(7)

If Bulgaria should fail to address the benchmarks adequately, the Commission may apply safeguard measures based on Articles 37 and 38 of the Act of Accession, including the suspension of Member States' obligation to recognise and execute, under the conditions laid down in Community law, Bulgarian judgments and judicial decisions, such as European arrest warrants.

(8)

This Decision does not preclude the adoption of safeguard measures at any time on the basis of Articles 36 to 38 of the Act of Accession, if the conditions for such measures are fulfilled.

(9)

The present Decision should be amended if the Commission's assessment points at a need to adjust the benchmarks. The present Decision should be repealed when all the benchmarks have been satisfactorily fulfilled,