ISSN 1725-2555 |
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Official Journal of the European Union |
L 414 |
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English edition |
Legislation |
Volume 49 |
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Council |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts whose publication is obligatory
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/1 |
COUNCIL REGULATION (EC) No 2027/2006
of 19 December 2006
on the conclusion of the Fisheries partnership agreement between the European Community and the Republic of Cape Verde
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2), and the first subparagraph of Article 300(3), thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) |
The Community and the Republic of Cape Verde have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty of the Republic of Cape Verde. |
(2) |
That Agreement should be approved. |
(3) |
The method for allocating the fishing opportunities among the Member States should be defined, |
HAS ADOPTED THIS REGULATION:
Article 1
The Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:
Fishing category |
Type of vessel |
Member State |
Licences or quota |
Tuna fishing |
Surface longliners |
Spain |
41 |
Portugal |
7 |
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Tuna fishing |
Freezer tuna seiners |
Spain |
12 |
France |
13 |
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Tuna fishing |
Pole-and-line tuna vessels |
Spain |
7 |
France |
4 |
If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.
Article 3
The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Cape Verde fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (2).
Article 4
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Community.
Article 5
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union (3).
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2006.
For the Council
The President
J. KORKEAOJA
(1) Opinion delivered on 30 November 2006 (not yet published in the Official Journal).
(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the Secretariat General of the Council.
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/3 |
FISHERIES PARTNERSHIP AGREEMENT
between the European Community and the Republic of Cape Verde
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
of the one part, and
THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’,
of the other part,
hereinafter referred to as ‘the Parties’,
CONSIDERING the close working relationship between the Community and Cape Verde, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship,
CONSIDERING the desire of the two parties to promote the sustainable exploitation of fisheries resources by means of cooperation,
HAVING REGARD TO the United Nations Convention on the Law of the Sea,
RECOGNISING that Cape Verde exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles from the baselines in accordance with the United Nations Convention on the Law of the Sea,
DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘ICCAT’,
AWARE of the importance of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995,
DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,
CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,
INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Cape Verde and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,
DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Cape Verde waters and Community support for the introduction of responsible fishing in those waters,
RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both parties,
HEREBY AGREE AS FOLLOWS:
Article 1
Scope
This Agreement establishes the principles, rules and procedures governing:
— |
economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Cape Verde waters to ensure the conservation and sustainable exploitation of fisheries resources and develop the Cape Verde fisheries sector, |
— |
the conditions governing access by Community fishing vessels to Cape Verde waters, |
— |
cooperation on the arrangements for policing fisheries in Cape Verde waters with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented, |
— |
partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest. |
Article 2
Definitions
For the purposes of this Agreement:
(a) |
‘Cape Verde authorities’ means the Government of Cape Verde; |
(b) |
‘Community authorities’ means the European Commission; |
(c) |
‘Cape Verde waters’ means the waters over which Cape Verde has sovereignty or jurisdiction; |
(d) |
‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources; |
(e) |
‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community; |
(f) |
‘joint enterprise’ means a commercial company set up in Cape Verde by vessel owners or national enterprises from the parties in order to engage in fishing or related activities; |
(g) |
‘Joint Committee’ means a committee made up of representatives of the Community and Cape Verde whose functions are described in Article 9 of this Agreement; |
(h) |
‘transhipment’ means the transfer in port or at sea of some or all of the catch from one fishing vessel to another fishing vessel; |
(i) |
‘shipowner’ means any person legally responsible for a fishing vessel who is in charge of and controls it; |
(j) |
‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Cape Verde seaman is an ACP seaman. |
Article 3
Principles and objectives underlying the implementation of this Agreement
1. The parties hereby undertake to promote responsible fishing in Cape Verde waters on the basis of the principles laid down in the FAO's Code of conduct for responsible fisheries and the principle of non-discrimination between the different fleets fishing in those waters.
2. The parties shall cooperate with a view to monitoring the results of the implementation of a sectoral fisheries policy adopted by the Government of Cape Verde and shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.
3. The parties shall also cooperate in carrying out evaluations of measures, programmes and actions implemented on the basis of this Agreement. The results of the evaluations shall be analysed by the Joint Committee provided for in Article 9.
4. The parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, respecting the state of fish stocks.
5. The employment of Cape Verde and/or ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
Article 4
Scientific cooperation
1. During the period covered by this Agreement, the Community and Cape Verde shall monitor the evolution of resources in the Cape Verde fishing zone.
2. The two parties, based on the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 or, where appropriate, within a scientific meeting. Cape Verde may, in agreement with the Community, take measures to ensure the sustainable management of fisheries resources.
3. The parties shall undertake to consult one other, either directly or within the competent international organisations, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in relevant scientific research.
Article 5
Access by Community vessels to the fisheries in Cape Verde waters
1. Cape Verde undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
2. The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Cape Verde. The Cape Verde authorities shall notify the Commission of any amendments to that legislation and to any other legislation which may have an impact on fishing legislation.
3. Cape Verde shall assume responsibility for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Cape Verde authorities responsible for carrying out such monitoring.
4. The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Cape Verde has jurisdiction.
Article 6
Licences
1. Community vessels may fish in the Cape Verde fishing zone only if they are in possession of a fishing licence issued under this Agreement.
2. The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.
Article 7
Financial contribution
1. The Community shall grant Cape Verde a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be composed of two related elements, namely:
(a) |
access by Community vessels to Cape Verde fisheries; and |
(b) |
the Community's financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in Cape Verde waters. |
2. The component of the financial contribution referred to in the above paragraph shall be determined and managed in the light of objectives identified by common accord between the parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy in Cape Verde and an annual and multiannual programme for its implementation.
3. The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:
(a) |
unusual circumstances, other than natural phenomena, preventing fishing activities in Cape Verde waters; |
(b) |
a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice; |
(c) |
an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the parties where the best available scientific advice concurs that the state of resources so permits; |
(d) |
a reassessment of the terms of Community financial support for implementing a sectoral fisheries policy in Cape Verde, where this is warranted by the results of the annual and multiannual programming observed by both parties; |
(e) |
termination of this Agreement under Article 12; |
(f) |
suspension of the application of this Agreement under Article 13. |
Article 8
Promoting cooperation among economic operators and in civil society
1. The parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.
2. The parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.
3. The parties shall endeavour to create conditions favourable to the promotion of relations between enterprises from the parties in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.
4. The parties shall undertake to implement an action plan between Cape Verde and Community operators, with the aim of developing local landings of Community vessels.
5. The parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Cape Verde and Community legislation.
Article 9
Joint Committee
1. A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:
(a) |
monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation; |
(b) |
providing the necessary liaison for matters of mutual interest relating to fisheries; |
(c) |
acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement; |
(d) |
reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution; |
(e) |
any other function which the parties decide on by mutual agreement. |
2. The Joint Committee shall meet at least once a year, alternately in the Community and in Cape Verde, and shall be chaired by the party hosting the meeting. It shall hold a special meeting at the request of either of the parties.
Article 10
Geographical area to which the Agreement applies
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Cape Verde.
Article 11
Duration
This Agreement shall apply for five years from the date of its entry into force; it shall be renewable for additional periods of five years, unless notice of termination is given in accordance with Article 12.
Article 12
Termination
1. This Agreement may be terminated by either party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the parties with regard to combating illegal, unreported and unregulated fishing.
2. The party concerned shall notify the other party of its intention to withdraw from the Agreement in writing at least six months before the date of expiry of the initial period or each additional period.
3. Dispatch of the notification referred to in the previous paragraph shall open consultations by the parties.
4. Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
Article 13
Suspension
1. Application of this Agreement may be suspended at the initiative of one of the parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the parties shall enter into consultations with a view to resolving their differences amicably.
2. Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
Article 14
Protocol and Annex
The Protocol and the Annex shall form an integral part of this Agreement.
Article 15
National Law
The activities of Community vessels operating in Cape Verde waters shall be governed by the applicable law in the Cape Verde, unless otherwise provided in this Agreement, the Protocol and the Annex and appendices thereto.
Article 16
Repeal
This Agreement, on the date of its entry into force, repeals and replaces the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde which entered into force on 24 July 1990.
Article 17
Entry into force
This Agreement, drawn up in duplicate in the Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the parties notify each other that their procedures have been completed.
PROTOCOL
setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde on fishing off the Coast of Cape Verde for the period from 1 September 2006 to 31 August 2011
Article 1
Period of application and fishing opportunities
1. For a period of five years from 1 September 2006, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:
Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention)
— |
freezer tuna seiners: 25 vessels, |
— |
pole-and-line tuna vessels: 11 vessels, |
— |
surface longliners: 48 vessels. |
2. Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.
3. Vessels flying the flag of a Member State of the European Community may fish in Cape Verde waters only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex to this Protocol.
Article 2
Financial contribution — Methods of payment
1. The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 325 000 equivalent to a reference tonnage of 5 000 tonnes per year and a specific amount of EUR 60 000 per year for the support and implementation of initiatives taken in the context of the Cape Verde sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.
2. Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol.
3. The Community shall pay the sum of the amounts referred to in paragraph 1, EUR 385 000, each year during the period of application of this Protocol.
4. If the overall quantity of catches by Community vessels in Cape Verde waters exceeds 5 000 tonnes per year, the amount of the financial contribution (EUR 325 000) shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount indicated in paragraph 1 (EUR 650 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
5. Payment of the financial contribution referred to in paragraph 1 shall be made no later than 30 November 2006 for the first year and no later than 30 June 2007, 2008, 2009 and 2010 for the following years.
6. Subject to Article 6, the Cape Verde authorities shall have full discretion regarding the use to which this financial contribution is put.
7. The financial contribution shall be paid into a Public Treasury account opened with a financial institution specified by the Cape Verde authorities.
Article 3
Cooperation on responsible fishing — Annual scientific meeting
1. The parties hereby undertake to promote responsible fishing in Cape Verde waters on the basis of the principles laid down in the FAO's Code of conduct for responsible fisheries and the principle of non-discrimination between the different fleets fishing in those waters.
2. During the period covered by this Protocol, the Community and the Cape Verde authorities shall monitor the evolution of resources in the Cape Verde fishing zone.
3. In accordance with Article 4 of the Agreement, the parties, based on the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 where appropriate after a scientific meeting. Cape Verde may, in agreement with the Community, take measures to ensure the sustainable management of fisheries resources concerning the activities of Community vessels.
Article 4
Review of fishing opportunities by mutual agreement
1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(3) confirm that such an increase will not endanger the sustainable management of Cape Verde's resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1). Where the quantities caught by Community vessels exceed twice the quantities corresponding to the adjusted total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
2. Conversely, if the parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3 regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
Article 5
New fishing opportunities
1. Should Community vessels be interested in fishing activities which are not indicated in Article 1, the parties shall consult each other before any authorisation is granted by the Cape Verde authorities. Where appropriate, the parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex.
2. The parties should promote exploratory fishing, particularly as regards deep-sea species present in Cape Verde waters. To this end, at the request of one of the parties, they shall consult each other and determine on a case-by-case basis the relevant species, conditions and other parameters.
The parties shall carry out exploratory fishing in accordance with parameters that shall be agreed by both parties in an administrative arrangement where appropriate. The authorisations for exploratory fishing should be agreed for a maximum period of six months.
If the parties conclude that the exploratory campaigns have achieved positive results, the Cape Verde Government may allocate fishing opportunities for the new species to the Community fleet, until the expiry of this Protocol. The financial compensation referred to in Article 2(1) of the current Protocol shall consequently be increased.
Article 6
Suspension and review of the payment of the financial contribution on grounds of force majeure
1. Where unusual circumstances, other than natural phenomena, prevent fishing activities in the Cape Verde exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1), following consultations between the two parties within a period of two months following the request of one of the parties, and provided that the Community has paid in full any amounts due at the time of suspension.
2. Payment of the financial contribution shall resume as soon as the parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.
3. The validity of the licences granted to Community vessels under Article 6 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.
Article 7
Promotion of responsible fishing in Cape Verde waters
1. Eighty percent (80 %) of the total amount of the financial contribution fixed in Article 2 shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Cape Verde.
Cape Verde shall manage the corresponding amount in the light of objectives identified by mutual agreement between the parties, and the annual and multiannual programming to attain them.
2. For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Community and Cape Verde shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:
(a) |
annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out in 2007; |
(b) |
the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by Cape Verde in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible fishing and sustainable fisheries; |
(c) |
criteria and procedures for evaluating the results obtained each year. |
3. Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out in 2007 must be approved by both parties within the Joint Committee.
4. Each year, Cape Verde shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, Cape Verde shall notify the Community of the allocation no later than 1 May of the previous year.
5. Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.
Article 8
Disputes — suspension of application of the Protocol
1. Any dispute between the parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary.
2. Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one party if the dispute between the two parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
3. Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
4. In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
Article 9
Suspension of application of the Protocol on grounds of non-payment
Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:
(a) |
the competent Cape Verde authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification; |
(b) |
if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Cape Verde authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith; |
(c) |
application of the Protocol shall resume as soon as the payment concerned has been made. |
Article 10
National law
The activities of Community vessels operating in Cape Verde waters under this Protocol shall be governed by the applicable law in the Cape Verde, unless otherwise provided in the Agreement, this Protocol and the Annex and appendices hereto.
Article 11
Review clause
The parties may review the provisions of the Protocol, the Annex and the appendices and, where necessary, make amendments mid-term.
Article 12
Repeal
The Annex to the Agreement between the European Economic Community and Republic of Cape Verde on fishing off the coast of Cape Verde is hereby repealed and replaced by the Annex to this Protocol.
Article 13
Entry into force
1. This Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.
2. It shall apply with effect from 1 September 2006.
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/26 |
COMMISSION REGULATION (EC) No 2028/2006
of 18 December 2006
amending Regulation (EC) No 600/2005 as regards the authorisation of the feed additive preparation of Bacillus licheniformis DSM 5749 and Bacillus subtilis DSM 5750, belonging to the group of microorganisms
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1) |
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
(2) |
The preparation of Bacillus licheniformis DSM 5749 and Bacillus subtilis DSM 5750, belonging to the group of ‘microorganisms’, was authorised without a time limit in accordance with Council Directive 70/524/EEC (2) as a feed additive for use in sows by Commission Regulation (EC) No 1453/2004 (3), for use in turkeys for fattening and calves up to three months by Commission Regulation (EC) No 600/2005 (4), for use in pigs for fattening and piglets by Commission Regulation (EC) No 2148/2004 (5). This additive was subsequently entered in the Community Register of Feed Additives as an existing product, in accordance with Article 10 of Regulation (EC) No 1831/2003. |
(3) |
In accordance with Article 7 of Regulation (EC) No 1831/2003, an application for an amendment of the authorisation of that preparation was submitted to allow its use in feed for turkeys for fattening containing the permitted coccidiostat maduramicin ammonium. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation. |
(4) |
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 July 2006 that the compatibility of the additive preparation of Bacillus licheniformis DSM 5749 and Bacillus subtilis DSM 5750 with maduramicin ammonium was established. The opinion of the Authority also verifies the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003. |
(5) |
The assessment of that preparation shows that the conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied. |
(6) |
Regulation (EC) No 600/2005 should therefore be amended accordingly. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 600/2005 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of 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, 18 December 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 268, 18.10.2003, p. 29. Regulation as amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 8).
(2) OJ L 270, 14.12.1970, p. 1. Directive repealed by Regulation (EC) No 1831/2003.
(3) OJ L 269, 17.8.2004, p. 3.
(5) OJ L 370, 17.12.2004, p. 24.
ANNEX
In Annex III to Regulation (EC) No 600/2005 the entry for E 1700, Bacillus licheniformis DSM 5749 and Bacillus subtilis DSM 5750 for the animal species turkeys for fattening is replaced by the following:
EC No |
Additive |
Chemical formula, description |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
||
CFU/kg of complete feedingstuff |
||||||||||
Micro-organisms |
||||||||||
‘E 1700 |
Bacillus licheniformis DSM 5749 and Bacillus subtilis DSM 5750 in a 1/1 ratio) |
Mixture of Bacillus licheniformis and Bacillus subtilis containing a minimum of 3,2 × 109 CFU/g additive (1,6 × 109 of each bacterium) |
Turkeys for fattening |
— |
1,28 × 109 |
1,28 × 109 |
In the directions for use of the additive and premixture, indicate the storage temperature, storage life and stability to pelleting. May be used in compound feed containing the permitted coccidiostats:
|
Without a time limit’ |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/29 |
COMMISSION REGULATION (EC) No 2029/2006
of 22 December 2006
adapting Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat by reason of the accession of Bulgaria and Romania to the European Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
Whereas:
(1) |
Certain technical amendments need to be made to Commission Regulation (EEC) No 1538/91 (1) by reason of the accession of Bulgaria and Romania to the European Union. |
(2) |
Article 14a(7) of Regulation (EEC) No 1538/91 and Annexes I, II and III thereto contain certain entries in all the languages of the Community as constituted at 31 December 2006. These provisions should include the entries in Bulgarian and in Romanian. |
(3) |
Annex VIII to Regulation (EEC) No 1538/91 contains the list of national reference laboratories for monitoring the water content in poultrymeat. It should include the national reference laboratories of Bulgaria and Romania. |
(4) |
Regulation (EEC) No 1538/91 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1538/91 is amended as follows:
1. |
In the first subparagraph of Article 14a(7), the list of entries in all languages of the Member States is replaced by the following:
|
2. |
Annexes I, II and III are replaced by the text in Annex I to this Regulation. |
3. |
Annex VIII is replaced by the text in Annex II to this Regulation. |
Article 2
This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regulation (EC) No 433/2006 (OJ L 79, 16.3.2006, p. 16).
ANNEX I
ANNEX I
ARTICLE 1(1) — NAMES OF POULTRY CARCASES
|
bg |
es |
cs |
da |
de |
et |
el |
en |
fr |
it |
lv |
1. |
Пиле, бройлер |
Pollo (de carne) |
Kuře, brojler |
Kylling, slagtekylling |
Hähnchen Masthuhn |
Tibud, broiler |
Κοτόπουλο Πετεινοί και κότες (κρεατοπαραγωγής) |
Chicken, broiler |
Poulet (de chair) |
Pollo, “Broiler” |
Cālis, broilers |
2. |
Петел, кокошка |
Gallo, gallina |
Kohout, slepice, drůbež na pečení, nebo vaření |
Hane, høne, suppehøne |
Suppenhuhn |
Kuked, kanad, hautamiseks või keetmiseks mõeldud kodulinnud |
Πετεινοί και κότες (για βράσιμο) |
Cock, hen, casserole, or boiling fowl |
Coq, poule (à bouillir) |
Gallo, gallina Pollame da brodo |
Gailis, vista, sautēta vai vārīta mājputnu gaļa |
3. |
Петел (угоен, скопен) |
Capón |
Kapoun |
Kapun |
Kapaun |
Kohikukk |
Καπόνια |
Capon |
Chapon |
Cappone |
Kapauns |
4. |
Ярка, петле |
Polluelo |
Kuřátko, Kohoutek |
Poussin, Coquelet |
Stubenküken |
Kana- ja kukepojad |
Νεοσσός, πετεινάρι |
Poussin, Coquelet |
Poussin, coquelet |
Galletto |
Cālītis |
5. |
Млад петел |
Gallo joven |
Mladý kohout |
Unghane |
Junger Hahn |
Noor kukk |
Πετεινάρι |
Young cock |
Jeune coq |
Giovane gallo |
Jauns gailis |
1. |
(Млада) пуйка |
Pavo (joven) |
(Mladá) krůta |
(Mini) kalkun |
(Junge) Pute, (Junger) Truthahn |
(Noor) kalkun |
(Νεαροί) γάλοι και γαλοπούλες |
(Young) turkey |
Dindonneau, (jeune) dinde |
(Giovane) tacchino |
(Jauns) tītars |
2. |
Пуйка |
Pavo |
Krůta |
Avlskalkun |
Pute, Truthahn |
kalkun |
Γάλοι και γαλοπούλες |
Turkey |
Dinde (à bouillir) |
Tacchino/a |
Tītars |
1. |
(Млада) патица, пате, (млада) Мускусна патица, (млад) Mюлар |
Pato (joven o anadino), pato de Barbaria (joven), Pato cruzado (joven) |
(Mladá) kachna, kachně, (Mladá) Pižmová kachna, (Mladá) Kachna Mulard |
(Ung) and (Ung) berberand (Ung) mulardand |
Frühmastente, Jungente, (Junge) Barbarieente (Junge) Mulardente |
(Noor) part, pardipoeg, (noor) muskuspart, (noor), (noor) mullard |
(Νεαρές) πάπιες ή παπάκια, (νεαρές) πάπιες βαρβαρίας, (νεαρές) πάπιες mulard |
(Young) duck, duckling, (Young) Muscovy duck (Young) Mulard duck |
(Jeune) canard, caneton, (jeune) canard de Barbarie, (jeune) canard mulard |
(Giovane) anatra (Giovane) Anatra muta (Giovane) Anatra “mulard” |
(Jauna) pīle, pīlēns, (Jauna) Muskuss pīle, (Jauna) Mullard pīle |
2. |
Патица, Мускусна патица, Мюлар |
Pato, pato de Barbaria, Pato cruzado |
Kachna, Pižmová kachna, Kachna Mulard |
Avlsand Berberand Mulardand |
Ente, Barbarieente Mulardente |
Part, muskuspart, mullard |
Πάπιες, πάπιες βαρβαρίας πάπιες mulard |
Duck, Muscovy duck, Mulard duck |
Canard, canard de Barbarie (à bouillir), canard mulard (à bouillir) |
Anatra Anatra muta Anatra “mulard” |
Pīle, Muskuss pīle, Mullard pīle |
1. |
(Млада) гъска, гъсе |
Oca (joven), ansarón |
Mladá husa, house |
(Ung) gås |
Frühmastgans, (Junge) Gans, Jungmastgans |
(Noor) hani, hanepoeg |
(Νεαρές) χήνες ή χηνάκια |
(Young) goose, gosling |
(Jeune) oie ou oison |
(Giovane) oca |
(Jauna) zoss, zoslēns |
2. |
Гъска |
Oca |
Husa |
Avlsgås |
Gans |
Hani |
Χήνες |
Goose |
Oie |
Oca |
Zoss |
1. |
(Млада) токачка |
Pintada (joven) |
Mladá perlička |
(Ung) perlehøne |
(Junges) Perlhuhn |
(Noor) pärlkana |
(Νεαρές) φραγκόκοτες |
(Young) guinea fowl |
(Jeune) pintade Pintadeau |
(Giovane) faraona |
(Jauna) pērļu vistiņa |
2. |
Токачка |
Pintada |
Perlička |
Avlsperlehøne |
Perlhuhn |
Pärlkana |
Φραγκόκοτες |
Guinea fowl |
Pintade |
Faraona |
Pērļu vistiņa |
|
lt |
hu |
mt |
nl |
pl |
pt |
ro |
sk |
sl |
fi |
sv |
1. |
Viščiukas broileris |
Brojler csirke, pecsenyecsirke |
Fellus, brojler |
Kuiken, braadkuiken |
Kurczę, broiler |
Frango |
Pui de carne, broiler |
Kurča, brojler |
Pitovni piščanec-brojler |
Broileri |
Kyckling, slaktkyckling (broiler) |
2. |
Gaidys, višta, skirti troškinti arba virti |
Kakas és tyúk (főznivaló baromfi) |
Serduk, tiġieġa (tal-brodu) |
Haan, hen, soep- of stoofkip |
Kura rosołowa |
Galo, galinha |
Cocoș, găină sau carne de pasăre pentru fiert |
Kohút, sliepka |
Petelin, kokoš, perutnina za pečenje ali kuhanje |
Kukko, kana |
Tupp, höna, gryt- eller kokhöna |
3. |
Kaplūnas |
Kappan |
Ħasi |
Kapoen |
Kapłon |
Capão |
Clapon |
Kapún |
Kopun |
Chapon (syöttökukko) |
Kapun |
4. |
Viščiukas |
Minicsirke |
Għattuqa, coquelet |
Piepkuiken |
Kurczątko |
Franguitos |
Pui tineri |
Kuriatko |
Mlad piščanec, mlad petelin (kokelet) |
Kananpoika, kukonpoika |
Poussin, Coquelet |
5. |
Gaidžiukas |
Fiatal kakas |
Serduk żgħir fl-eta |
Jonge haan |
Młody kogut |
Galo jovem |
Cocoș tânăr |
Mladý kohút |
Mlad petelin |
Nuori kukko |
Ung tupp |
1. |
Kalakučiukas |
Pecsenyepulyka, gigantpulyka, növendék pulyka |
Dundjan (żgħir fl-eta) |
(Jonge) kalkoen |
(Młody) indyk |
Peru |
Curcan (tânăr) |
Mladá morka |
(Mlada) pura |
(Nuori) kalkkuna |
(Ung) kalkon |
2. |
Kalakutas |
Pulyka |
Dundjan |
Kalkoen |
Indyk |
Peru adulto |
Curcan |
Morka |
Pura |
Kalkkuna |
Kalkon |
1. |
Ančiukai, Muskusinės anties ančiukai, Mulardinės anties ančiukai |
Pecsenyekacsa, Pecsenye pézsmakacsa, Pecsenye mulard -kacsa |
Papra (żgħira fl-eta), papra żgħira (fellus ta’ papra), papra muskovy (żgħira fl-eta), papra mulard |
(Jonge) eend, (Jonge) Barbarijse eend (Jonge) „Mulard”-eend |
(Młoda) kaczka tuczona, (Młoda) kaczka piżmowa, (Młoda) kaczka mulard |
Pato, Pato Barbary, Pato Mulard |
Rață (tânără), rață (tânără) din specia Cairina moschata, rață (tânără) Mulard |
(Mladá kačica), kačiatko, (Mladá) pyžmová kačica, (Mladý) mulard |
(Mlada) raca, račka, (Mlada) muškatna raca, (Mlada) mulard raca |
(Nuori) ankka, (Nuori) myskiankka |
(Ung) anka, ankunge, (ung) mulardand (ung) myskand |
2. |
Antis, Muskusinė antis, Mulardinė antis |
Kacsa, Pézsma kacsa, Mulard kacsa |
Papra, papra muscovy, papra mulard |
Eend Barbarijse eend „Mulard”-eend |
Kaczka, Kaczka piżmowa, Kaczka mulard |
Pato adulto, pato adulto Barbary, pato adulto Mulard |
Rață, rață din specia Cairina moschata, rață Mulard |
Kačica, Pyžmová kačica, Mulard |
Raca, Muškatna raca, Mulard raca |
Ankka, myskiankka |
Anka, mulardand, myskand |
1. |
Žąsiukas |
Fiatal liba, pecsenye liba |
Wiżża (żgħira fl-eta), fellusa ta’ wiżża |
(Jonge) gans |
Młoda gęś |
Ganso |
Gâscă (tânără) |
(Mladá) hus, húsatko |
(Mlada) gos, goska |
(Nuori) hanhi |
(Ung) gås, gåsunge |
2. |
Žąsis |
Liba |
Wiżża |
Gans |
Gęś |
Ganso adulto |
Gâscă |
Hus |
Gos |
Hanhi |
Gås |
1. |
Perlinių vištų viščiukai |
Pecsenyegyöngyös |
Fargħuna (żgħira fl-eta) |
(Jonge) parelhoen |
(Młoda) perliczka |
Pintada |
Bibilică adultă |
(Mladá) perlička |
(Mlada) pegatka |
(Nuori) helmikana |
(Ung) pärlhöna |
2. |
Perlinės vištos |
Gyöngytyúk |
Fargħuna |
Parelhoen |
Perlica |
Pintada adulta |
Bibilică |
Perlička |
Pegatka |
Helmikana |
Pärlhöna |
ARTICLE 1(2) — NAMES OF POULTRY PARTS
|
bg |
es |
cs |
da |
de |
et |
el |
en |
fr |
it |
lv |
a) |
Половинка |
Medio |
Půlka |
Halvt |
Hälfte oder Halbes |
Pool |
Μισά |
Half |
Demi ou moitié |
Metà |
Puse |
b) |
Четвъртинка |
Charto |
Čtvrtka |
Kvart |
(Vorder-, Hinter-) Viertel |
Veerand |
Τεταρτημόριο |
Quarter |
Quart |
Quarto |
Ceturdaļa |
c) |
Неразделени четвъртинки с бутчетата |
Cuartos traseros unidos |
Neoddělená zadní čtvrtka |
Sammenhængende lårstykker |
Hinterviertel am Stück |
Lahtilõikamata koivad |
Αδιαχώριστα τεταρτημόρια ποδιών |
Unseparated leg quarters |
Quarts postérieurs non séparés |
Cosciotto |
Nesadalītas kāju ceturdaļas |
d) |
Гърди, бяло месо или филе с кост |
Pechuga |
Prsa |
Bryst |
Brust, halbe Brust, halbierte Brust |
Rind |
Στήθος |
Breast |
Poitrine, blanc ou filet sur os |
Petto con osso |
Krūtiņa |
e) |
Бутче |
Muslo y contramuslo |
Stehno |
Helt lår |
Schenkel, Keule |
Koib |
Πόδι |
Leg |
Cuisse |
Coscia |
Kāja |
f) |
Бутче с част от гърба, прикрепен към него |
Charto trasero de pollo |
Stehno kuřete s částí zad |
Kyllingelår med en del af ryggen |
Hähnchenschenkel mit Rückenstück, Hühnerkeule mit Rückenstück |
Koib koos seljaosaga |
Πόδι από κοτόπουλο με ένα κομμάτι της ράχης |
Chicken leg with a portion of the back |
Cuisse de poulet avec une portion du dos |
Coscetta |
Cāļa kāja ar muguras daļu |
g) |
Бедро |
Contramuslo |
Horní stehno |
Overlår |
Oberschenkel, Oberkeule |
Reis |
Μηρός (μπούτι) |
Thigh |
Haut de cuisse |
Sovraccoscia |
Šķiņkis |
h) |
Подбедрица |
Muslo |
Dolní stehno (Palička) |
Underlår |
Unterschenkel, Unterkeule |
Sääretükk |
Κνήμη |
Drumstick |
Pilon |
Fuso |
Stilbs |
i) |
Крило |
Ala |
Křídlo |
Vinge |
Flügel |
Tiib |
Φτερούγα |
Wing |
Aile |
Ala |
Spārns |
j) |
Неразделени крила |
Alas unidas |
Neoddělená křídla |
Sammenhængende vinger |
Beide Flügel, ungetrennt |
Lahtilõikamata tiivad |
Αδιαχώριστες φτερούγες |
Unseparated wings |
Ailes non séparées |
Ali non separate |
Nesadalīti spārni |
k) |
Филе от гърдите, бяло месо |
Filete de pechuga |
Prsní řízek |
Brystfilet |
Brustfilet, Filet aus der Brust, Filet |
Rinnafilee |
Φιλέτο στήθους |
Breast fillet |
Filet de poitrine, blanc, filet, noix |
Filetto, fesa (tacchino) |
Krūtiņas fileja |
l) |
Филе от гърдите с “ядеца” |
Filete de pechuga con clavícula |
Filety z prsou (Klíční kost s chrupavkou prsní kosti včetně svaloviny v přirozené souvislosti, klíč. kost a chrupavka max. 3 % z cel. hmotnosti) |
Brystfilet med ønskeben |
Brustfilet mit Schlüsselbein |
Rinnafilee koos harkluuga |
Φιλέτο στήθους με κλειδοκόκαλο |
Breast fillet with wishbone |
Filet de poitrine avec clavicule |
Petto (con forcella), fesa (con forcella) |
Krūtiņas fileja ar krūšukaulu |
m) |
Нетлъсто филе |
Magret, maigret |
Magret, maigret (Filety z prsou kachen a hus s kůží a podkožním tukem pokrývajícím prsní sval, bez hlubokého svalu prsního) |
Magret, maigret |
Magret, Maigret |
Rinnaliha (“magret” või “maigret”) |
Maigret, magret |
Magret, maigret |
Magret, maigret |
Magret, maigret |
Pīles krūtiņa |
|
lt |
hu |
mt |
nl |
pl |
pt |
ro |
sk |
sl |
fi |
sv |
a) |
Pusė |
Fél baromfi |
Nofs |
Helft |
Połówka |
Metade |
Jumătăți |
Polená hydina |
Polovica |
Puolikas |
Halva |
b) |
Ketvirtis |
Negyed baromfi |
Kwart |
Kwart |
Ćwiartka |
Quarto |
Sferturi |
Štvrťka hydiny |
Četrt |
Neljännes |
Kvart |
c) |
Neatskirti kojų ketvirčiai |
Összefüggő (egész) combnegyedek |
Il-kwarti ta’ wara tas-saqajn, mhux separati |
Niet-gescheiden achterkwarten |
Ćwiartka tylna w całości |
Quartos de coxa não separados |
Sferturi posterioare neseparate |
Neoddelené hydinové stehná |
Neločene četrti nog |
Takaneljännes |
Bakdelspart |
d) |
Krūtinėlė |
Mell |
Sidra |
Borst |
Pierś, połówka piersi |
Peito |
Piept |
Prsia |
Prsi |
Rinta |
Bröst |
e) |
Koja |
Comb |
Koxxa |
Hele poot, hele dij |
Noga |
Perna inteira |
Pulpă |
Hydinové stehno |
Bedro |
Koipireisi |
Klubba |
f) |
Viščiuko koja su neatskirta nugaros dalimi |
Csirkecomb a hát egy részével |
Koxxa tat-tiġieġa b’porzjon tad-dahar |
Poot/dij met rugdeel (bout) |
Noga kurczęca z częścią grzbietu |
Perna inteira de frango com uma porção do dorso |
Pulpă de pui cu o porțiune din spate atașată |
Kuracie stehno s panvou |
Piščančja bedra z delom hrbta |
Koipireisi, jossa selkäosa |
Kycklingklubba med del av ryggben |
g) |
Šlaunelė |
Felsőcomb |
Il-biċċa ta’ fuq tal-koxxa |
Bovenpoot, bovendij |
Udo |
Coxa |
Pulpă superioară |
Horné hydinové stehno |
Stegno |
Reisi |
Lår |
h) |
Blauzdelė |
Alsócomb |
Il-biċċa t’isfel tal-koxxa (drumstick) |
Onderpoot, onderdij (Drumstick) |
Podudzie |
Perna |
Pulpă inferioară |
Dolné hydinové stehno |
Krača |
Koipi |
Ben |
i) |
Sparnas |
Szárny |
Ġewnaħ |
Vleugel |
Skrzydło |
Asa |
Aripi |
Hydinové krídelko |
Peruti |
Siipi |
Vinge |
j) |
Neatskirti sparnai |
Összefüggő (egész) szárnyak |
Ġwienaħ mhux separate |
Niet-gescheiden vleugels |
Skrzydła w całości |
Asas não separadas |
Aripi neseparate |
Neoddelené hydinové krídla |
Neločene peruti |
Siivet kiinni toisissaan |
Sammanhängande vingar |
k) |
Krūtinėlės filė |
Mellfilé |
Flett tas-sidra |
Borstfilet |
Filet z piersi |
Carne de peito |
Piept dezosat |
Hydinový rezeň |
Prsni file |
Rintafilee |
Bröstfilé |
l) |
Krūtinėlės filė su raktikauliu ir krūtinkauliu |
Mellfilé szegycsonttal |
Flett tas-sidra bil-wishbone |
Borstfilet met vorkbeen |
Filet z piersi z obojczykiem |
Carne de peito com fúrcula |
Piept dezosat cu osul iadeș |
Hydinový rezeň s kosťou |
Prsni file s prsno kostjo |
Rintafilee solisluineen |
Bröstfilé med nyckelben |
m) |
Krūtinėlės filė be kiliojo raumens (magret) |
Bőrös libamell-filé, (maigret) |
Magret, maigret |
Magret |
Magret |
Magret, maigret |
Tacâm de pasăre, Spinări de pasăre |
Magret |
Magret |
Magret, maigret |
Magret, maigret |
ANNEX II
ARTICLE 9 — CHILLING METHODS
|
bg |
es |
cs |
da |
de |
et |
el |
en |
fr |
it |
lv |
1. |
Въздушно охлаждане |
Refrigeración por aire |
Vzduchem (Chlazení vzduchem) |
Luftkøling |
Luftkühlung |
Õhkjahutus |
Ψύξη με αέρα |
Air chilling |
Refroidissement à l'air |
Raffreddamento ad aria |
Dzesēšana ar gaisu |
2. |
Въздушно-душово охлаждане |
Refrigeración por aspersión ventilada |
Vychlazeným proudem vzduchu s postřikem |
Luftspraykøling |
Luft-Sprühkühlung |
Õhkpiserdusjahutus |
Ψύξη με ψεκασμό |
Air spray chilling |
Refroidissement par aspersion ventilée |
Raffreddamento per aspersione e ventilazione |
Dzesēšana ar izsmidzinātu gaisu |
3. |
Охлаждане чрез потапяне |
Refrigeración por immersión |
Ve vodní lázni ponořením |
Neddypningskøling |
Gegenstrom-Tauchkühlung |
Sukeljahutus |
Ψύξη με βύθιση |
Immersion chilling |
Refroidissement par immersion |
Raffreddamento per immersione |
Dzesēšana iegremdējot |
|
lt |
hu |
mt |
nl |
pl |
pt |
ro |
sk |
sl |
fi |
sv |
1. |
Atšaldymas ore |
Levegős hűtés |
Tkessiħ bl-arja |
Luchtkoeling |
Owiewowa |
Refrigeração por ventilação |
Refrigerare în aer |
Chladené vzduchom |
Zračno hlajenje |
Ilmajäähdytys |
Luftkylning |
2. |
Atšaldymas pučiant orą |
Permetezéses hűtés |
Tkessiħ b’air spray |
Lucht-sproeikoeling |
Owiewowo-natryskowa |
Refrigeração por aspersão e ventilação |
Refrigerare prin dușare cu aer |
Chladené sprejovaním |
Hlajenje s pršenjem |
Ilmasprayjäähdytys |
Evaporativ kylning |
3. |
Atšaldymas panardinant |
Bemerítéses hűtés |
Tkessiħ b’immersjoni |
Dompelkoeling |
Zanurzeniowa |
Refrigeração por imersão |
Refrigerare prin imersiune |
Chladené vo vode |
Hlajenje s potapljanjem |
Vesijäähdytys |
Vattenkylning |
ANNEX III
ARTICLE 10(1) — TYPES OF FARMING
|
bg |
es |
cs |
da |
de |
et |
el |
en |
fr |
it |
lv |
a) |
Хранена с … % … гъска, хранена с овес |
Alimentado con … % de … Oca engordada con avena |
Krmena (čím) … % (čeho) … Husa krmená ovšem |
Fodret med … % … Havrefodret gås |
Mast mit … % … Hafermastgans |
Söödetud …, mis sisaldab … % … Kaeraga toidetud hani |
Έχει τραφεί με … % … Χήνα που παχαίνεται με βρώμη |
Fed with … % of … Oats fed goose |
Alimenté avec … % de … Oie nourrie à l'avoine |
Alimentato con il … % di … Oca ingrassata con avena |
Barība ar … % … ar auzām barotas zosis |
b) |
Екстензивно закрито (отгледан на закрито) |
Sistema extensivo en gallinero |
Extenzivní v hale |
Ekstensivt staldopdræt (skrabe …) |
Extensive Bodenhaltung |
Ekstensiivne seespidamine (lindlas pidamine) |
Εκτατικής εκτροφής |
Extensive indoor (barnreared) |
Élevé à l'intérieur: système extensif |
Estensivo al coperto |
Turēšana galvenokārt telpās (“Audzēti kūtī”) |
c) |
Свободен начин на отглеждане |
Gallinero con salida libre |
Volný výběh |
Fritgående |
Auslaufhaltung |
Vabapidamine |
Ελεύθερης βοσκής |
Free range |
Sortant à l'extérieur |
All'aperto |
Brīvā turēšana |
d) |
Традиционен свободен начин на отглеждане |
Granja al aire libre |
Tradiční volný výběh |
Frilands … |
Bäuerliche Auslaufhaltung |
Traditsiooniline vabapidamine |
Πτηνοτροφείο παραδοσιακά ελεύθερης βοσκής |
Traditional free range |
Fermier-élevé en plein air |
Rurale all'aperto |
Tradicionālā brīvā turēšana |
e) |
Свободен начин на отглеждане – пълна свобода |
Granja de cría en libertad |
Volný výběh – úplná volnost |
Frilands … opdrættet i fuld frihed |
Bäuerliche Freilandhaltung |
Täieliku liikumisvabadusega traditsiooniline vabapidamine |
Πτηνοτροφείο απεριόριστης τροφής |
Free-range — total freedom |
Fermier-élevé en liberté |
Rurale in libertà |
Pilnīgā brīvība |
|
lt |
hu |
mt |
nl |
pl |
pt |
ro |
sk |
sl |
fi |
sv |
a) |
Lesinta … % … Avižomis penėtos žąsys |
…%-ban …-val etetett Zabbal etetett liba |
Mitmugħa b’…% ta’ … Wiżża mitmugħa bil-ħafur |
Gevoed met … % … Met haver vetgemeste gans |
Żywione z udziałem … % … tucz owsiany (gęsi) |
Alimentado com … % de … Ganso engordado com aveia |
Furajate cu un % de … Gâște furajate cu ovăz |
Kŕmené … % … husi kŕmené ovsom |
Krmljeno s/z ……. % gos krmljena z ovsom |
Ruokittu … % … Kauralla ruokittu hanhi |
Utfodrad med … % … Havreutfodrad gås |
b) |
Patalpose laisvai auginti paukščiai (Auginti tvartuose) |
Istállóban külterjesen tartott |
Mrobbija ġewwa: sistema estensiva |
Scharrel … binnengehouden |
Ekstensywny chów ściółkowy |
Produção extensiva em interior |
Creștere în interior sistem extensiv |
Extenzívne v halách |
Ekstenzivna zaprta reja |
Laajaperäinen sisäkasvatus |
Extensivt uppfödd inomhus |
c) |
Laisvai laikomi paukščiai |
Szabadtartás |
Barra (free range) |
Scharrel … met uitloop |
Chów wybiegowy |
Produção em semiliberdade |
Creștere liberă |
Chované vo voľnom výbehu |
Prosta reja |
Ulkoilumahdollisuus |
Tillgång till utomhusvistelse |
d) |
Tradiciškai laisvai laikomi paukščiai |
Hagyományos szabadtartás |
Barra (free range) tradizzjonali |
Boerenscharrel … met uitloop Hoeve … met uitloop |
Tradycyjny chów wybiegowy |
Produção ao ar livre |
Creștere liberă tradițională |
Chované tradičným spôsobom v halách |
Tradicionalna prosta reja |
Ulkoiluvapaus |
Traditionell utomhusvistelse |
e) |
Visiškoje laisvėje laikomi paukščiai |
Teljes szabadtartás |
Barra (free range) – liberta totali |
Boerenscharrel … met vrije uitloop Hoeve … met vrije uitloop |
Chów wybiegowy bez ograniczeń |
Produção em liberdade |
Creștere liberă – libertate totală – |
Chované na paši |
Prosta reja – neomejen izpust |
Vapaa kasvatus |
Uppfödd i full frihet |
ANNEX II
‘ANNEX VIII
LIST OF NATIONAL REFERENCE LABORATORIES
|
Belgium
|
|
Bulgaria
|
|
Czech Republic
|
|
Denmark
|
|
Germany
|
|
Estonia
|
|
Greece
|
|
Spain
|
|
France
|
|
Ireland
|
|
Italy
|
|
Cyprus
|
|
Latvia
|
|
Lithuania
|
|
Luxembourg
|
|
Hungary
|
|
Malta
|
|
Netherlands
|
|
Austria
|
|
Poland
|
|
Portugal
|
|
Romania
|
|
Slovenia
|
|
Slovakia
|
|
Finland
|
|
Sweden
|
|
United Kingdom
|
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/40 |
COMMISSION REGULATION (EC) No 2030/2006
of 21 December 2006
amending Regulations (EC) No 1607/2000, (EC) No 1622/2000 and (EC) No 2729/2000 concerning the wine sector by reason of the accession of Bulgaria and Romania to the European Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1) and in particular Articles 58, 46(1) and 72(4) thereof,
Whereas:
(1) |
Annex IV to Commission Regulation (EC) No 1607/2000 of 24 July 2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions (2) lists the quality sparkling wines psr the cuvee of which may have an alcoholic strength of less than 9,5 % vol. That Annex should be amended to include wines produced in Romania. |
(2) |
Annex XIII to Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (3) contains the derogations regarding the wine volatile acid content laid down in point 1 of Part B of Annex V to Regulation (EC) No 1493/1999. That Annex should be amended by reason of the accession of Romania. |
(3) |
Article 11(2) of Commission Regulation (EC) No 2729/2000 of 14 December 2000 laying down detailed implementing rules on controls in the wine sector (4) determines the minimum number of samples to be taken each year for the analytical databank provided for in Article 10 of that Regulation. Following the accession of Bulgaria and Romania, the number of samples to be taken for those countries should be determined. |
(4) |
Regulations (EC) No 1607/2000, (EC) No 1622/2000 and (EC) No 2729/2000 should therefore be amended accordingly. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 1607/2000 is replaced by the text in the Annex to this Regulation.
Article 2
In Annex XIII of Regulation (EC) No 1622/2000, the following point (o) is added:
‘(o) |
for Romanian wines:
|
Article 3
In Article 11(2) of Regulation (EC) No 2729/2000, the second subparagraph is replaced by the following:
‘— |
30 samples in Bulgaria, |
— |
20 samples in the Czech Republic, |
— |
200 samples in Germany, |
— |
50 samples in Greece, |
— |
200 samples in Spain, |
— |
400 samples in France, |
— |
400 samples in Italy, |
— |
10 samples in Cyprus, |
— |
4 samples in Luxembourg, |
— |
50 samples in Hungary, |
— |
4 samples in Malta, |
— |
50 samples in Austria, |
— |
50 samples in Portugal, |
— |
70 samples in Romania, |
— |
20 samples in Slovenia, |
— |
15 samples in Slovakia, |
— |
4 samples in the United Kingdom.’ |
Article 4
This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).
(2) OJ L 185, 25.7.2000, p. 17.
(3) OJ L 194, 31.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 1507/2006 (OJ L 280, 12.10.2006, p. 9).
(4) OJ L 316, 15.12.2000, p. 16. Regulation as last amended by Regulation (EC) No 262/2006 (OJ L 46, 16.2.2006, p. 22).
ANNEX
‘ANNEX IV
List of quality sparkling wines psr the cuvée of which may have an alcoholic strength of less than 9,5 % vol.
ITALY
— |
Prosecco di Conegliano-Valdobbiadene |
— |
Montello e Colli Asolani. |
ROMANIA
— |
Muscat Spumant Bucium |
— |
Muscat Spumant Dealu Mare |
— |
Muscat Spumant Murfatlar |
— |
Muscat Spumant Alba Iulia |
— |
Muscat Spumant Iași |
— |
Muscat Spumant Huși |
— |
Muscat Spumant Panciu |
— |
Muscat Spumant Șimleul Silvaniei |
— |
Muscat Spumant Sebeș Apold |
— |
Muscat Spumant Târnave’ |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/43 |
COMMISSION REGULATION (EC) No 2031/2006
of 22 December 2006
adapting several regulations concerning the sugar market by reason of the accession of Bulgaria and Romania to the European Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
Whereas:
(1) |
Certain technical amendments are necessary in several Commission Regulations of the common organisation of the sugar market in order to carry out the adaptations necessary by reason of accession of Bulgaria and Romania to the European Union. |
(2) |
Commission Regulation (EC) No 192/2002 of 31 January 2002 laying down detailed rules for issuing import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin (1), contains certain entries in all the languages of the Member States. The entries in Bulgarian and Romanian should be included. |
(3) |
Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2) contains certain entries in all the languages of the Member States. The entries in Bulgarian and Romanian should be included. |
(4) |
Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (3), contains certain entries in all the languages of the Member States. The entries in Bulgarian and Romanian should be included. |
(5) |
Regulations (EC) No 192/2002, (EC) No 950/2006 and (EC) No 951/2006 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 192/2002 is amended as follows:
1. |
In Article 4, point (c) is replaced by the following:
|
2. |
The Annex becomes Annex I. |
3. |
The text in the Annex to this Regulation is added as Annex II. |
Article 2
Annex III to Regulation (EC) No 950/2006 is replaced by the text in Annex II to this Regulation.
Article 3
Regulation (EC) No 951/2006 is amended as follows:
1. |
In Article 6, paragraphs 2 and 3 are replaced by the following: ‘2. Section 20 of the licence application and of the licence shall contain one of the entries listed in Part A of the Annex. 3. The export licence shall be issued for the quantity entered on the relevant statement of award of tender. Section 22 of the licence shall indicate the rate of the export refund, as stated in that statement, expressed in EUR. It shall contain one of the entries listed in Part B of the Annex.’ |
2. |
Article 7 is replaced by the following: ‘Article 7 Export licence for sugar, isoglucose or inulin syrup without refund Where sugar, isoglucose or inulin syrup in free circulation in the Community market and not considered as “out-of-quota” is to be exported without refund, section 22 of the licence application and of the licence shall contain one of the entries listed in Part C of the Annex, according to the product in question as the case may be.’ |
3. |
In Article 14(3), the first subparagraph is replaced by the following: ‘Section 20 of the application for an export licence and of the export licence for white sugar, and of the application for an import licence and of the import licence for raw sugar, shall contain one of the entries listed in Part D of the Annex.’ |
4. |
The Annex I is replaced by the text in Annex III to this Regulation. |
Article 4
This Regulation shall enter into force subject to the and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 31, 1.2.2002, p. 55. Regulation as amended by Regulation (EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).
(3) OJ L 178, 1.7.2006, p. 24.
ANNEX I
‘ANNEX II
Entries referred to in Article 4, point (c):
— |
: |
in Bulgarian |
: |
Освободено от вносно мито (Решение 2001/822/ЕО, член 35) пореден номер на квотата … |
— |
: |
in Spanish |
: |
Exención de derechos de importación (Decisión 2001/822/CE, artículo 35) número de orden … |
— |
: |
in Czech |
: |
Osvobozeno od dovozního cla (Rozhodnutí 2001/822/ES, čl. 35), sériové číslo … |
— |
: |
in Danish |
: |
Fritages for importafgifter (artikel 35 i afgørelse 2001/822/EF), løbenummer … |
— |
: |
in German |
: |
Frei von Einfuhrabgaben (Beschluss 2001/822/EG, Artikel 35), Ordnungsnummer … |
— |
: |
in Estonian |
: |
Impordimaksust vabastatud (otsus 2001/822/EÜ, artikkel 35), järjekorranumber … |
— |
: |
in Greek |
: |
Δασμολογική απαλλαγή (απόφαση 2001/822/ΕΚ, άρθρο 35), αύξων αριθμός … |
— |
: |
in English |
: |
Free from import duty (Decision 2001/822/EC, Article 35), serial No … |
— |
: |
in French |
: |
Exemption du droit d'importation (décision 2001/822/CE, article 35), numéro d'ordre … |
— |
: |
in Italian |
: |
Esenzione dal dazio all'importazione (decisione 2001/822/CE, articolo 35), numero d'ordine … |
— |
: |
in Latvian |
: |
Atbrīvots no importa nodokļa (Lēmuma 2001/822/EK 35. pants), sērijas numurs … |
— |
: |
in Lithuanian |
: |
Atleista nuo importo muito (Nutarimo 2001/822/EB 35 straipsnis), serijos numeris … |
— |
: |
in Hungarian |
: |
Mentes a behozatali vám alól (2001/822/EK határozat, 35. cikk), sorozatszám … |
— |
: |
in Maltese |
: |
Eżenzjoni minn dazju fuq l-importazzjoni (Deċiżjoni 2001/822/KE, Artikolu 35), numru tas-serje … |
— |
: |
in Dutch |
: |
Vrij van invoerrechten (Besluit 2001/822/EG, artikel 35), volgnummer … |
— |
: |
in Polish |
: |
Zwolnione z należności przywozowych (art. 35 decyzji 2001/822/WE), numer porządkowy … |
— |
: |
in Portuguese |
: |
Isenção de direitos de importação (Decisão 2001/822/CE, artigo 35.o), número de ordem … |
— |
: |
in Romanian |
: |
Scutit de drepturi de import (Decizia 2001/822/CE, articolul 35), nr. de ordine … |
— |
: |
in Slovak |
: |
Oslobodený od dovozného cla (Rozhodnutie 2001/822/ES, čl. 35), sériové číslo … |
— |
: |
in Slovenian |
: |
brez uvozne carine (Uredba 2001/822/ES, člen 35), serijska številka … |
— |
: |
in Finnish |
: |
Vapaa tuontitulleista (päätöksen 2001/822/EY 35 artikla), järjestysnumero … |
— |
: |
in Swedish |
: |
Importtullfri (beslut 2001/822/EG, artikel 35), löpnummer …’ |
ANNEX II
‘ANNEX III
A. |
Entries referred to in Articles 16(1)(c), 17(1)(a), 18(2)(a):
|
B. |
Entries referred to in Article 21(1)(c):
|
C. |
Entries referred to in Article 22(1)(a) and Article 23(2):
|
D. |
Entries referred to in Article 25(c):
|
E. |
Entries referred to in Article 25(d):
|
F. |
Entries referred to in Article 26(2):
|
G. |
Entries referred to in Article 29(1)(c):
|
H. |
Entries referred to in the first indent of Article 31(c)(ii):
|
I. |
Entries referred to in the second indent of Article 31(c)(ii):
|
ANNEX III
‘ANNEX
A. |
Entries referred to in Article 6(2):
|
B. |
Entries referred to in Article 6(3):
|
C. |
Entries referred to in Article 7:
|
D. |
Entries referred to in Article 14(3):
|
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/58 |
COMMISSION REGULATION (EC) No 2032/2006
of 21 December 2006
fixing the Community withdrawal and selling prices for the fishery products listed in Annex I to Council Regulation (EC) No 104/2000 for the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 20(3) and Article 22 thereof,
Whereas:
(1) |
Regulation (EC) No 104/2000 provides that the Community withdrawal and selling prices for each of the products listed in Annex I thereto are to be fixed on the basis of the freshness, size or weight and presentation of the product by applying the conversion factor for the product category concerned to an amount not more than 90 % of the relevant guide price. |
(2) |
The withdrawal prices may be multiplied by adjustment factors in landing areas which are very distant from the main centres of consumption in the Community. The guide prices for the 2007 fishing year were fixed for all the products concerned by Council Regulation (EC) No …/… (2). |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
The conversion factors used for calculating the Community withdrawal and selling prices, as referred to in Article 20 and 22 of Regulation (EC) No 104/2000, for the 2007 fishing year for the products listed in Annex I to that Regulation, are set out in Annex I to this Regulation.
Article 2
The Community withdrawal and selling prices applicable for the 2007 fishing year and the products to which they relate are set out in Annex II.
Article 3
The withdrawal prices applicable for the 2007 fishing year in landing areas which are very distant from the main centres of consumption in the Community and the products to which those prices relate are set out in Annex III.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
(2) Not yet published in the Official Journal.
ANNEX I
Conversion factors for the products listed in points A, B and C of Annex I to Regulation (EC) No 104/2000
Species |
Size (1) |
Conversion factors |
|
Gutted fish, with head (1) |
Whole fish (1) |
||
Extra, A (1) |
Extra, A (1) |
||
Herring of the species Clupea harengus |
1 |
0,00 |
0,47 |
2 |
0,00 |
0,72 |
|
3 |
0,00 |
0,68 |
|
4a |
0,00 |
0,43 |
|
4b |
0,00 |
0,43 |
|
4c |
0,00 |
0,90 |
|
5 |
0,00 |
0,80 |
|
6 |
0,00 |
0,40 |
|
7a |
0,00 |
0,40 |
|
7b |
0,00 |
0,36 |
|
8 |
0,00 |
0,30 |
|
Sardines of the species Sardina pilchardus |
1 |
0,00 |
0,51 |
2 |
0,00 |
0,64 |
|
3 |
0,00 |
0,72 |
|
4 |
0,00 |
0,47 |
|
Dogfish Squalus acanthias |
1 |
0,60 |
0,60 |
2 |
0,51 |
0,51 |
|
3 |
0,28 |
0,28 |
|
Dogfish Scyliorhinus spp. |
1 |
0,64 |
0,60 |
2 |
0,64 |
0,56 |
|
3 |
0,44 |
0,36 |
|
Redfish Sebastes spp. |
1 |
0,00 |
0,81 |
2 |
0,00 |
0,81 |
|
3 |
0,00 |
0,68 |
|
Cod of the species Gadus morhua |
1 |
0,72 |
0,52 |
2 |
0,72 |
0,52 |
|
3 |
0,68 |
0,40 |
|
4 |
0,54 |
0,30 |
|
5 |
0,38 |
0,22 |
|
Coalfish Pollachius virens |
1 |
0,72 |
0,56 |
2 |
0,72 |
0,56 |
|
3 |
0,71 |
0,55 |
|
4 |
0,61 |
0,30 |
|
Haddock Melanogrammus aeglefinus |
1 |
0,72 |
0,56 |
2 |
0,72 |
0,56 |
|
3 |
0,62 |
0,43 |
|
4 |
0,52 |
0,36 |
|
Whiting Merlangius merlangus |
1 |
0,66 |
0,50 |
2 |
0,64 |
0,48 |
|
3 |
0,60 |
0,44 |
|
4 |
0,41 |
0,30 |
|
Ling Molva spp. |
1 |
0,68 |
0,56 |
2 |
0,66 |
0,54 |
|
3 |
0,60 |
0,48 |
|
Mackerel of the species Scomber scombrus |
1 |
0,00 |
0,72 |
2 |
0,00 |
0,71 |
|
3 |
0,00 |
0,69 |
|
Spanish mackerel of the species Scomber japonicus |
1 |
0,00 |
0,77 |
2 |
0,00 |
0,77 |
|
3 |
0,00 |
0,63 |
|
4 |
0,00 |
0,47 |
|
Anchovies Engraulis spp. |
1 |
0,00 |
0,68 |
2 |
0,00 |
0,72 |
|
3 |
0,00 |
0,60 |
|
4 |
0,00 |
0,25 |
|
Plaice Pleuronectes platessa |
1 |
0,75 |
0,41 |
2 |
0,75 |
0,41 |
|
3 |
0,72 |
0,41 |
|
4 |
0,52 |
0,34 |
|
Hake of the species Merluccius merluccius |
1 |
0,90 |
0,71 |
2 |
0,68 |
0,53 |
|
3 |
0,68 |
0,52 |
|
4 |
0,56 |
0,43 |
|
5 |
0,52 |
0,41 |
|
Megrims Lepidorhombus spp. |
1 |
0,68 |
0,64 |
2 |
0,60 |
0,56 |
|
3 |
0,54 |
0,49 |
|
4 |
0,34 |
0,29 |
|
Dab Limanda limanda |
1 |
0,71 |
0,58 |
2 |
0,54 |
0,42 |
|
Flounder Platichthys flesus |
1 |
0,66 |
0,58 |
2 |
0,50 |
0,42 |
|
Albacore or long finned tuna Thunnus alalunga |
1 |
0,90 |
0,81 |
2 |
0,90 |
0,77 |
|
Cuttlefish (Sepia officinalis and Rossia macrosoma) |
1 |
0,00 |
0,64 |
2 |
0,00 |
0,64 |
|
3 |
0,00 |
0,40 |
Species |
Size (2) |
Conversion factors |
|
|
Whole fish Gutted fish, with head (2) |
Fish without head (2) |
|||
Extra, A (2) |
Extra, A (2) |
|||
Monkfish Lophius spp. |
1 |
0,61 |
0,77 |
|
2 |
0,78 |
0,72 |
|
|
3 |
0,78 |
0,68 |
|
|
4 |
0,65 |
0,60 |
|
|
5 |
0,36 |
0,43 |
|
|
|
|
All presentations |
|
|
Extra, A (2) |
||||
Shrimps of the species Crangon crangon |
1 |
0,59 |
|
|
2 |
0,27 |
|
||
|
|
Cooked in water |
Fresh or chilled |
|
Extra, A (2) |
Extra, A (2) |
|||
Deep-water prawns Pandalus borealis |
1 |
0,77 |
0,68 |
|
2 |
0,27 |
— |
|
|
|
|
Whole (2) |
|
|
Edible crabs Cancer pagurus |
1 |
0,72 |
|
|
2 |
0,54 |
|
||
|
|
Whole (2) |
Tails (2) |
|
E' (2) |
Extra, A (2) |
Extra, A (2) |
||
Norway lobster Nephrops norvegicus |
1 |
0,86 |
0,86 |
0,81 |
2 |
0,86 |
0,59 |
0,68 |
|
3 |
0,77 |
0,59 |
0,50 |
|
4 |
0,50 |
0,41 |
0,41 |
|
|
|
Gutted fish, with head (2) |
Whole fish (2) |
|
Extra, A (2) |
Extra, A (2) |
|||
Sole (Solea spp.) |
1 |
0,75 |
0,58 |
|
2 |
0,75 |
0,58 |
|
|
3 |
0,71 |
0,54 |
|
|
4 |
0,58 |
0,42 |
|
|
5 |
0,50 |
0,33 |
|
(1) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
(2) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
ANNEX II
Withdrawal and selling prices in the Community of the products listed in points A, B and C of Annex I to Regulation (EC) No 104/2000
Species |
Size (1) |
Withdrawal price (EUR/tonne) |
|
Gutted fish, with head (1) |
Whole fish (1) |
||
Extra, A (1) |
Extra, A (1) |
||
Herring of the species Clupea harengus |
1 |
0 |
128 |
2 |
0 |
197 |
|
3 |
0 |
186 |
|
4a |
0 |
117 |
|
4b |
0 |
117 |
|
4c |
0 |
246 |
|
5 |
0 |
218 |
|
6 |
0 |
109 |
|
7a |
0 |
109 |
|
7b |
0 |
98 |
|
8 |
0 |
82 |
|
Sardines of the species Sardina pilchardus |
1 |
0 |
287 |
2 |
0 |
360 |
|
3 |
0 |
405 |
|
4 |
0 |
265 |
|
Dogfish Squalus acanthias |
1 |
654 |
654 |
2 |
556 |
556 |
|
3 |
305 |
305 |
|
Dogfish Scyliorhinus spp. |
1 |
474 |
444 |
2 |
474 |
414 |
|
3 |
326 |
266 |
|
Redfish Sebastes spp. |
1 |
0 |
925 |
2 |
0 |
925 |
|
3 |
0 |
777 |
|
Cod of the species Gadus morhua |
1 |
1 169 |
844 |
2 |
1 169 |
844 |
|
3 |
1 104 |
649 |
|
4 |
876 |
487 |
|
5 |
617 |
357 |
|
Coalfish Pollachius virens |
1 |
554 |
431 |
2 |
554 |
431 |
|
3 |
546 |
423 |
|
4 |
469 |
231 |
|
Haddock Melanogrammus aeglefinus |
1 |
740 |
576 |
2 |
740 |
576 |
|
3 |
637 |
442 |
|
4 |
535 |
370 |
Species |
Size (2) |
Withdrawal price (EUR/tonne) |
|||
Gutted fish, with head (2) |
Whole fish (2) |
||||
Extra, A (2) |
Extra, A (2) |
||||
Whiting Merlangius merlangus |
1 |
624 |
473 |
||
2 |
605 |
454 |
|||
3 |
568 |
416 |
|||
4 |
388 |
284 |
|||
Ling Molva spp. |
1 |
813 |
670 |
||
2 |
789 |
646 |
|||
3 |
718 |
574 |
|||
Mackerel of the species Scomber scombrus |
1 |
0 |
237 |
||
2 |
0 |
234 |
|||
3 |
0 |
227 |
|||
Spanish mackerel of the species Scomber japonicus |
1 |
0 |
229 |
||
2 |
0 |
229 |
|||
3 |
0 |
188 |
|||
4 |
0 |
140 |
|||
Anchovies Engraulis spp. |
1 |
0 |
907 |
||
2 |
0 |
960 |
|||
3 |
0 |
800 |
|||
4 |
0 |
334 |
|||
Plaice Pleuronectes platessa |
|||||
|
1 |
809 |
442 |
||
2 |
809 |
442 |
|||
3 |
777 |
442 |
|||
4 |
561 |
367 |
|||
|
1 |
1 124 |
615 |
||
2 |
1 124 |
615 |
|||
3 |
1 079 |
615 |
|||
4 |
779 |
510 |
|||
Hake of the species Merluccius merluccius |
1 |
3 308 |
2 609 |
||
2 |
2 499 |
1 948 |
|||
3 |
2 499 |
1 911 |
|||
4 |
2 058 |
1 580 |
|||
5 |
1 911 |
1 507 |
|||
Megrims Lepidorhombus spp. |
1 |
1 728 |
1 626 |
||
2 |
1 525 |
1 423 |
|||
3 |
1 372 |
1 245 |
|||
4 |
864 |
737 |
|||
Dab Limanda limanda |
1 |
613 |
501 |
||
2 |
466 |
362 |
Species |
Size (3) |
Withdrawal price (EUR/tonne) |
|
Gutted fish, with head (3) |
Whole fish (3) |
||
Extra, A (3) |
Extra, A (3) |
||
Flounder Platichtys flesus |
1 |
343 |
301 |
2 |
260 |
218 |
|
Albacore or long-finned tuna Thunnus alalunga |
1 |
2 196 |
1 771 |
2 |
2 196 |
1 684 |
|
Cuttlefish Sepia officinalis and Rossia macrosoma |
1 |
0 |
1 069 |
2 |
0 |
1 069 |
|
3 |
0 |
668 |
|
|
|
Whole fish Gutted fish, with head (3) |
Fish without head (3) |
Extra, A (3) |
Extra, A (3) |
||
Monkfish Lophius spp. |
1 |
1 784 |
4 656 |
2 |
2 281 |
4 354 |
|
3 |
2 281 |
4 112 |
|
4 |
1 901 |
3 628 |
|
5 |
1 053 |
2 600 |
|
|
|
All presentations |
|
Extra, A (3) |
|||
Shrimps of the species Crangon crangon |
1 |
1 396 |
|
2 |
639 |
||
|
|
Cooked in water |
Fresh or chilled |
Extra, A (3) |
Extra, A (3) |
||
Deep-water prawns Pandalus borealis |
1 |
4 936 |
1 092 |
2 |
1 731 |
— |
Species |
Size (4) |
Selling prices (EUR/tonne) |
|
|
Whole (4) |
|
|||
Edible crabs Cancer pagurus |
1 |
1 272 |
|
|
2 |
954 |
|
|
|
|
|
Whole (4) |
Tails (4) |
|
E' (4) |
Extra, A (4) |
Extra, A (4) |
||
Norway lobster Nephrops norvegicus |
1 |
4 590 |
4 590 |
3 466 |
2 |
4 590 |
3 149 |
2 910 |
|
3 |
4 109 |
3 149 |
2 140 |
|
4 |
2 669 |
2 188 |
1 754 |
|
|
|
Gutted fish, with head (4) |
Whole fish (4) |
|
Extra, A (4) |
Extra, A (4) |
|||
Sole Solea spp. |
1 |
5 110 |
3 952 |
|
2 |
5 110 |
3 952 |
|
|
3 |
4 837 |
3 679 |
|
|
4 |
3 952 |
2 861 |
|
|
5 |
3 407 |
2 248 |
|
(1) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
(2) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
(3) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
(4) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
ANNEX III
Withdrawal prices in landing areas which are very distant from the main centres of consumption
Species |
Landing area |
Conversion factor |
Size (1) |
Withdrawal price (in EUR/tonne) |
|
Gutted fish, with head (1) |
Whole fish (1) |
||||
Extra, A (1) |
Extra, A (1) |
||||
Herring of the species Clupea harengus |
Coastal regions and islands of Ireland |
0,90 |
1 |
0 |
115 |
2 |
0 |
177 |
|||
3 |
0 |
167 |
|||
4a |
0 |
106 |
|||
Coastal regions of eastern England from Berwick to Dover Coastal regions of Scotland from Portpatrick to Eyemouth and the islands located west and north of those regions Coastal regions of County Down (Northern Ireland) |
0,90 |
1 |
0 |
115 |
|
2 |
0 |
177 |
|||
3 |
0 |
167 |
|||
4a |
0 |
106 |
|||
Mackerel of the species Scomber scombrus |
Coastal regions and islands of Ireland |
0,96 |
1 |
0 |
227 |
2 |
0 |
224 |
|||
3 |
0 |
218 |
|||
Coastal regions and islands of Cornwall and Devon in the United Kingdom |
0,95 |
1 |
0 |
225 |
|
2 |
0 |
222 |
|||
3 |
0 |
216 |
|||
Hake of the species Merluccius merluccius |
Coastal regions from Troon (in South-western Scotland) to Wick (in north-eastern Scotland) and the Islands located west and north of those regions |
0,75 |
1 |
2 481 |
1 957 |
2 |
1 874 |
1 461 |
|||
3 |
1 874 |
1 433 |
|||
4 |
1 544 |
1 185 |
|||
5 |
1 433 |
1 130 |
|||
Albacore or Long-finned tuna Thunnus alalunga |
Islands of the Azores and Madeira |
0,48 |
1 |
1 054 |
850 |
2 |
1 054 |
808 |
|||
Sardines of the species Sardina pilchardus |
Canary Islands |
0,48 |
1 |
0 |
138 |
2 |
0 |
173 |
|||
3 |
0 |
195 |
|||
4 |
0 |
127 |
|||
Coastal regions and islands of Cornwall and Devon in the United Kingdom |
0,74 |
1 |
0 |
212 |
|
2 |
0 |
267 |
|||
3 |
0 |
300 |
|||
4 |
0 |
196 |
|||
Atlantic coastal regions of Portugal |
0,93 |
2 |
0 |
335 |
|
0,81 |
3 |
0 |
328 |
(1) The freshness categories, sizes and presentations are those defined pursuant to Article 2 of Regulation (EC) No 104/2000.
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/66 |
COMMISSION REGULATION (EC) No 2033/2006
of 21 December 2006
fixing the Community selling prices for the fishery products listed in Annex II to Council Regulation (EC) No 104/2000 for the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 25(1) and (6) thereof,
Whereas:
(1) |
A Community selling price is to be fixed for each of the products listed in Annex II to Regulation (EC) No 104/2000 before the beginning of the fishing year, at a level at least equal to 70 % and not exceeding 90 % of the guide price. |
(2) |
Council Regulation (EC) No …/… (2) fixes the guide prices for the 2007 fishing year for all the products concerned. |
(3) |
Market prices vary considerably depending on the species and how the products are presented, particularly in the case of squid and hake. |
(4) |
Conversion factors should therefore be fixed for the different species and presentations of frozen products landed in the Community in order to determine the price level that trigger the intervention measure provided for in Article 25(2) of Regulation (EC) No 104/2000. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
The Community selling prices, as referred to in Article 25(1) of Regulation (EC) No 104/2000, applicable during the 2007 fishing year for the products listed in Annex II to that Regulation and the presentations and conversion factors to which they relate are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
(2) Not yet published in the Official Journal.
ANNEX
SELLING PRICES AND CONVERSION FACTORS
Species |
Presentation |
Conversion factor |
Intervention level |
Selling price (EUR/tonne) |
|||||||||||||||
Greenland halibut (Reinhardtius hippoglossoides) |
Whole or gutted, with or without head |
1,0 |
0,85 |
1 654 |
|||||||||||||||
Hake (Merluccius spp.) |
Whole or gutted, with or without head |
1,0 |
0,85 |
1 022 |
|||||||||||||||
Individual fillets |
|
|
|
||||||||||||||||
— with skin |
1,0 |
0,85 |
1 243 |
||||||||||||||||
— skinless |
1,1 |
0,85 |
1 367 |
||||||||||||||||
Sea-bream (Dentex dentex and Pagellus spp.) |
Whole or gutted, with or without head |
1,0 |
0,85 |
1 335 |
|||||||||||||||
Swordfish (Xiphias gladius) |
Whole or gutted, with or without head |
1,0 |
0,85 |
3 467 |
|||||||||||||||
Shrimps and prawns Penaeidae |
Frozen |
|
|
|
|||||||||||||||
|
1,0 |
0,85 |
3 533 |
||||||||||||||||
|
1,0 |
0,85 |
6 782 |
||||||||||||||||
Cuttlefishes (Sepia officinalis, Rossia macrosoma and Sepiola rondeletti) |
Frozen |
1,0 |
0,85 |
1 605 |
|||||||||||||||
Squid (Loligo spp.) |
|
|
|
|
|||||||||||||||
|
— whole, not cleaned |
1,00 |
0,85 |
993 |
|||||||||||||||
— cleaned |
1,20 |
0,85 |
1 191 |
||||||||||||||||
|
— whole, not cleaned |
2,50 |
0,85 |
2 482 |
|||||||||||||||
— cleaned |
2,90 |
0,85 |
2 879 |
||||||||||||||||
Octopus (Octopus spp.) |
Frozen |
1,00 |
0,85 |
1 792 |
|||||||||||||||
Illex argentinus |
— whole, not cleaned |
1,00 |
0,80 |
717 |
|||||||||||||||
— tube |
1,70 |
0,80 |
1 219 |
||||||||||||||||
Forms of commercial presentation:
|
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/68 |
COMMISSION REGULATION (EC) No 2034/2006
of 21 December 2006
fixing the reference prices for certain fishery products for the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 29(1) and (5) thereof,
Whereas:
(1) |
Regulation (EC) No 104/2000 provides that reference prices valid for the Community may be fixed each year, by product category, for products that are the subject of a tariff suspension under Article 28(1). The same holds for products which, by virtue of being either the subject of a binding tariff reduction under the WTO or some other preferential arrangements, must comply with a reference price. |
(2) |
For the products listed in Annex I, points A and B to Regulation (EC) No 104/2000, the reference price is the same as the withdrawal price fixed in accordance with Article 20(1) of that Regulation. |
(3) |
The Community withdrawal and selling prices for the products concerned are fixed for the 2006 fishing year by Commission Regulation (EC) No 2032/2006 (2). |
(4) |
The reference price for products other than those listed in Annexes I and II to Regulation (EC) No 104/2000 is established on the basis of the weighted average of customs values recorded on the import markets or in the ports of import in the three years immediately preceding the date on which the reference price is fixed. |
(5) |
There is no need to fix reference prices for all the species covered by the criteria laid down in Regulation (EC) No 104/2000, and particularly not for those imported from third countries in insignificant volumes. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
The reference prices for the 2007 fishing year of fishery products, as referred to in Article 29 of Regulation (EC) No 104/2000, are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
(2) See page 58 of this Official Journal.
ANNEX (1)
1. Reference prices for products referred to in Article 29(3)(a) of Regulation (EC) No 104/2000
Species |
Size (2) |
Reference price (EUR/tonne) |
|||
Gutted with head (2) |
Whole fish (2) |
||||
Additional Taric code |
Extra, A (2) |
Additional Taric code |
Extra, A (2) |
||
Herring of the species Clupea harengus ex03024000 |
1 |
|
— |
F011 |
128 |
2 |
— |
F012 |
197 |
||
3 |
— |
F013 |
186 |
||
4a |
— |
F016 |
117 |
||
4b |
— |
F017 |
117 |
||
4c |
— |
F018 |
246 |
||
5 |
— |
F015 |
218 |
||
6 |
— |
F019 |
109 |
||
7a |
— |
F025 |
109 |
||
7b |
— |
F026 |
98 |
||
8 |
— |
F027 |
82 |
||
Redfish (Sebastes spp.) ex03026931 and ex03026933 |
1 |
|
— |
F067 |
925 |
2 |
— |
F068 |
925 |
||
3 |
— |
F069 |
777 |
||
Cod of the species Gadus morhua ex03025010 |
1 |
F073 |
1 169 |
F083 |
844 |
2 |
F074 |
1 169 |
F084 |
844 |
|
3 |
F075 |
1 104 |
F085 |
649 |
|
4 |
F076 |
876 |
F086 |
487 |
|
5 |
F077 |
617 |
F087 |
357 |
|
|
|
Boiled in water |
Fresh or refrigerated |
||
Additional Taric code |
Extra, A (2) |
Additional Taric code |
Extra, A (2) |
||
Deepwater prawns (Pandalus borealis) ex03062310 |
1 |
F317 |
4 936 |
F321 |
1 092 |
2 |
F318 |
1 731 |
— |
— |
2. Reference prices for fishery products referred to in Article 29(3)(d) of Regulation (EC) No 104/2000
Product |
Additional Taric code |
Presentation |
Reference price (EUR/tonne) |
||
1. Redfish (Sebastes spp.) |
|||||
|
|
Whole: |
|
||
ex03037935 ex03037937 |
F411 |
|
960 |
||
ex03042935 ex03042939 |
|
Fillets: |
|
||
F412 |
|
1 934 |
|||
F413 |
|
2 117 |
|||
F414 |
|
2 285 |
|||
2. Cod (Gadus morhua, Gadus ogac and Gadus macrocephalus) and fish of the species Boreogadus saida |
|||||
ex03035210, ex03035230, ex03035290, ex03037941 |
F416 |
Whole, with or without head |
1 106 |
||
ex03042929 |
|
Fillets: |
|
||
F417 |
|
2 428 |
|||
F418 |
|
2 664 |
|||
F419 |
|
2 602 |
|||
F420 |
|
2 943 |
|||
F421 |
|
2 903 |
|||
ex03049933 |
F422 |
Pieces and other meat, except minced blocks |
1 434 |
||
3. Coalfish (Pollachius virens) |
|||||
ex03042931 |
|
Fillets: |
|
||
F424 |
|
1 518 |
|||
F425 |
|
1 672 |
|||
F426 |
|
1 476 |
|||
F427 |
|
1 680 |
|||
F428 |
|
1 733 |
|||
ex03049941 |
F429 |
Pieces and other meat, except minced blocks |
986 |
||
4. Haddock (Melanogrammus aeglefinus) |
|||||
ex03042933 |
|
Fillets: |
|
||
F431 |
|
2 264 |
|||
F432 |
|
2 606 |
|||
F433 |
|
2 537 |
|||
F434 |
|
2 710 |
|||
F435 |
|
2 960 |
|||
5. Alaska pollack (Theragra chalcogramma) |
|||||
|
|
Fillets: |
|
||
ex03042985 |
F441 |
|
1 159 |
||
F442 |
|
1 324 |
|||
6. Herring (Clupea harengus, Clupea pallasii) |
|||||
|
|
Herring flaps: |
|
||
ex03041997 ex03049923 |
F450 |
|
510 |
||
F450 |
|
464 |
(1) The additional code to be mentioned for all categories other than those explicitly referred to in points 1 and 2 of the Annex is ‘F499: Other’.
(2) The freshness, size and presentation categories are those laid down under Article 2 of Regulation (EC) No 104/2000.
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/72 |
COMMISSION REGULATION (EC) No 2035/2006
of 21 December 2006
fixing the amount of the carry-over aid and the flat-rate aid for certain fishery products for the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1),
Having regard to Commission Regulation (EC) No 2814/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of carry-over aid for certain fishery products (2), and in particular Article 5 thereof,
Having regard to Commission Regulation (EC) No 939/2001 of 14 May 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of flat-rate aid for certain fishery products (3), and in particular Article 5 thereof,
Whereas:
(1) |
Regulation (EC) No 104/2000 provides that aid may be granted for quantities of certain fresh products withdrawn from the market and either processed to stabilise them and stored or preserved. |
(2) |
The purpose of that aid is to give suitable encouragement to producers’ organisations to process or preserve products withdrawn from the market so that their destruction can be avoided. |
(3) |
The aid level should not be such as to disturb the balance of the market for the products in question or distort competition. |
(4) |
The aid level should not exceed the technical and financial costs associated with the operations essential to stabilising and storage recorded in the Community during the fishing year proceeding the year in question. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
For the 2007 fishing year, the amounts of the carry-over aid referred to in Article 23 of Regulation (EC) No 104/2000, and the amounts of the flat-rate aid referred to in Article 24(4) of that Regulation, are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation amended by the 2003 Act of Accession.
(2) OJ L 326, 22.12.2000, p. 34.
(3) OJ L 132, 15.5.2001, p. 10.
ANNEX
1. Amount of the carry-over aid for products listed in Annex I, points A and B and for sole (Solea spp.) listed in Annex I, point C to Regulation (EC) No 104/2000
Processing methods listed in Article 23 of Regulation (EC) No 104/2000 |
Aid (EUR/tonne) |
||
1 |
2 |
||
I. Freezing and storage of whole products, gutted and with head, or cut-up products |
|||
— Sardines of the species Sardina pilchardus |
345 |
||
— Other species |
280 |
||
|
365 |
||
|
265 |
||
|
245 |
2. Amount of the carry-over aid for the other products listed in Annex I, point C to Regulation (EC) No 104/2000
Processing and/or preservation methods listed in Article 23 of Regulation (EC) No 104/2000 |
Products |
Aid (EUR/tonne) |
||
1 |
2 |
3 |
||
|
Norway lobster Nephrops norvegicus |
305 |
||
Norway lobster tails Nephrops norvegicus |
230 |
|||
|
Norway lobster Nephrops norvegicus |
285 |
||
|
Norway lobster Nephrops norvegicus |
305 |
||
Edible crabs Cancer pagurus |
230 |
|||
|
Edible crabs Cancer pagurus |
365 |
||
|
Edible crabs Cancer pagurus |
210 |
3. Amount of the flat-rate aid for products listed in Annex IV to Regulation (EC) No 104/2000
Processing methods |
Aid (EUR/tonne) |
||
|
280 |
||
|
365 |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/74 |
COMMISSION REGULATION (EC) No 2036/2006
of 21 December 2006
fixing the amount of private storage aid for certain fishery products in the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1),
Having regard to Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products (2), and in particular Article 1 thereof,
Whereas:
(1) |
The aid should not exceed the sum of technical and financial costs recorded in the Community during the fishing year proceeding the year in question. |
(2) |
To discourage long-term storage, to shorten payment times and to reduce the burden of controls, private storage aid should be paid in one single instalment. |
(3) |
The measures provided for in this Regulation are in accordance with the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
For the 2007 fishing year the amount of private storage aid, referred to in Article 25 of Regulation (EC) No 104/2000, for the products listed in Annex II to that Regulation shall be as follows:
— |
: |
first month |
: |
EUR 210 per tonne, |
— |
: |
second month |
: |
EUR 0 per tonne. |
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
(2) OJ L 326, 22.12.2000, p. 30.
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/75 |
COMMISSION REGULATION (EC) No 2037/2006
of 21 December 2006
fixing the standard values to be used in calculating the financial compensation and the advance pertaining thereto in respect of fishery products withdrawn from the market during the 2007 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 21(5) and (8) thereof,
Whereas:
(1) |
Regulation (EC) No 104/2000 provides for financial compensation to be paid to producer organisations which withdraw on certain conditions, the products listed in Annex I, points A and B to that Regulation. The amount of such financial compensation should be reduced by standard values in the case of products intended for purposes other than human consumption. |
(2) |
Commission Regulation (EC) No 2493/2001 of 19 December 2001 on the disposal of certain fishery products which have been withdrawn from the market (2) specifies the ways of disposing of the products withdrawn from the market. The value of such products should be fixed at a standard level for each of these modes of disposal, taking into account the average revenues which may be obtained from such disposal in the various Member States. |
(3) |
Under Article 7 of Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products (3), special rules provide that, where a producer organisation or one of its members puts its products up for sale in a Member State other than the country in which it is recognised, that body responsible for granting the financial compensation must be informed. This body is the one in the Member State in which the producer organisation is recognised. The standard value deductible should therefore be the value applied in that Member State. |
(4) |
The same method of calculation should be applied to advances on financial compensation as provided for in Article 6 of Regulation (EC) No 2509/2000. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
For the 2007 fishing year, the standard values to be used in calculating financial compensation and associated advances for fishery products withdrawn from the market by producer organisations and intended for purposes other than human consumption, as referred to in Article 21(5) of Regulation (EC) No 104/2000, are set out in the Annex to this Regulation.
Article 2
The standard value to be deducted from financial compensation and associated advances shall be that applied in the Member State in which the producer organisation is recognised.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006.
For the Commission
Joe BORG
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
(2) OJ L 337, 20.12.2001, p. 20.
(3) OJ L 289, 16.11.2000, p. 11.
ANNEX
Standard values
Use of products withdrawn from the market |
EUR/tonne |
||
1. Use following processing into meal (animal feed): |
|||
(a) Herring of the species Clupea harengus and mackerel of the species Scomber scombrus and Scomber japonicus: |
|||
|
60 |
||
|
50 |
||
|
17 |
||
|
2 |
||
(b) Shrimps of the species Crangon crangon and deep-water prawns (Pandalus borealis): |
|||
|
0 |
||
|
10 |
||
(c) Other products: |
|||
|
40 |
||
|
17 |
||
|
28 |
||
|
1 |
||
2. Use fresh or preserved (animal feed): |
|||
(a) Sardines of the species Sardina pilchardus and anchovies (Engraulis spp.): |
|||
|
8 |
||
(b) Other products: |
|||
|
0 |
||
|
30 |
||
|
30 |
||
3. Use as bait: |
|||
|
45 |
||
|
20 |
||
|
0 |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/78 |
COMMISSION DIRECTIVE 2006/140/EC
of 20 December 2006
amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride as an active substance in Annex I thereto
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular Article 16(2) second subparagraph thereof,
Whereas:
(1) |
Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes sulfuryl fluoride. |
(2) |
Pursuant to Regulation (EC) No 2032/2003, sulfuryl fluoride has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC. |
(3) |
In accordance with Article 5(2) of Regulation (EC) No 2032/2003, Sweden was designated as Rapporteur Member State. Sweden submitted the competent authority report, together with a recommendation, to the Commission on 19 April 2005 in accordance with Article 10(5) and (7) of that Regulation. |
(4) |
The competent authority report has been reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 8 September 2006, in an assessment report. |
(5) |
The review of sulfuryl fluoride did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks (SCHER). |
(6) |
It appears from the various examinations made that biocidal products used as wood preservatives and containing sulfuryl fluoride may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, in particular with regard to the uses which were examined and detailed in the assessment report. It is therefore appropriate to include sulfuryl fluoride in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing sulfuryl fluoride can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. |
(7) |
It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance sulfuryl fluoride and also to facilitate the proper operation of the biocidal products market in general. |
(8) |
In the light of the findings of the assessment report, it is appropriate to require that such products be authorised only for use by trained professionals, in accordance with Article 10(2)(i)(e) of Directive 98/8/EC, and that risk mitigation measures are designed to ensure the safety of operators and bystanders, in accordance with Article 10(2)(i)(f) of Directive 98/8/EC. |
(9) |
In addition, it is appropriate to require continuous monitoring, as well as the provision of further information on certain specific points detailed in the assessment report, in accordance with Article 10(2)(i)(f) of Directive 98/8/EC. |
(10) |
A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(c)(ii) of Directive 98/8/EC, starts from the date of inclusion. |
(11) |
After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing sulfuryl fluoride to ensure that they comply with Directive 98/8/EC. |
(12) |
Directive 98/8/EC should therefore be amended accordingly. |
(13) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
Article 2
Transposition
1. Member States shall adopt and publish, by 31 December 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 January 2009.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 20 December 2006.
For the Commission
Stavros DIMAS
Member of the Commission
(1) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2006/50/EC of 29 May 2006 (OJ L 142, 30.5.2006, p. 6).
(2) OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1048/2005 (OJ L 178, 9.7.2005, p. 1).
ANNEX
The following table with entry ‘No. 1’ shall be inserted in Annex I to Directive 98/8/EC
‘No |
Common Name |
IUPAC Name Identification Numbers |
Minimum purity of the active substance in the biocidal product as placed on the market |
Date of inclusion |
Deadline for compliance with Article 16(3) (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances) |
Expiry date of inclusion |
Product type |
Specific provisions (1) |
||||||
1 |
sulfuryl fluoride |
sulfuryl difluoride EC No: 220-281-5 CAS No: 2699-79-8 |
> 994 g/kg |
1 January 2009 |
31 December 2010 |
31 December 2018 |
8 |
Member States shall ensure that authorisations are subject to the following conditions:
Member States shall also ensure that reports of the monitoring referred to in point (3) are transmitted by authorisation holders directly to the Commission every fifth year starting from 1 January 2009. |
(1) For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm’
II Acts whose publication is not obligatory
Council
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/81 |
COUNCIL DECISION
of 28 November 2006
establishing, in accordance with Article 104(8), that the action taken by Poland in response to the Recommendation of the Council in accordance with Article 104(7) of the Treaty establishing the European Community is proving to be inadequate
(2006/1014/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 104(8) thereof,
Having regard to the recommendation from the Commission,
Whereas:
(1) |
According to Article 104 of the Treaty, Member States are to avoid excessive government deficits. |
(2) |
The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) which was adopted to further the prompt correction of excessive general government deficits. |
(3) |
The Resolution of the Amsterdam European Council of 17 June 1997 (2) solemnly invited all parties, namely the Member States, the Council and the Commission, to implement the Treaty and the Stability and Growth Pact in a strict and timely manner. |
(4) |
The Eurostat Decision of 2 March 2004 on the sectoral classification of pension schemes (3) established that a defined-contributions funded scheme cannot be classified as a social security scheme. This scheme cannot therefore be considered as part of general government. This was a framework decision which required bilateral discussions with Member States before implementation. In the context of those discussions, Eurostat acknowledged that ‘some Member States might need a transitional period to implement the decision and to avoid disruptions in the conduct of their budgetary policies’ (4). The transitional period, allowed by Eurostat, will expire with the first fiscal notification of 2007, due by 1 April 2007. Poland decided to avail itself of this transitional period. Therefore, social contributions and other revenue collected (and expenditure incurred) by funded defined-contribution schemes have been recorded as government revenue (and expenditure), which result in deficit and debt figures being smaller than otherwise. |
(5) |
By Decision 2005/183/EC (5) of 5 July 2004, it was decided, in accordance with Article 104(6) of the Treaty, that an excessive deficit existed in Poland. |
(6) |
In accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, on 5 July 2004 the Council also adopted a recommendation to the Polish authorities to bring the existence of an excessive deficit to an end as rapidly as possible and to take action in a medium-term framework to achieve the objective of bringing the deficit below 3 % of GDP by 2007 in a credible and sustainable manner, in accordance with the path for deficit reduction specified in the convergence programme submitted by the authorities in May 2004 and endorsed in the Council opinion of 5 July 2004, with the following annual targets: 5,7 % of GDP in 2004, 4,2 % of GDP in 2005, 3,3 % in 2006 and 1,5 % of GDP in 2007. The Council established the deadline of 5 November 2004 to take effective action ‘regarding the measures envisaged to achieve the 2005 deficit target’. |
(7) |
The deficit-reduction path endorsed by the Council on 5 July 2004 did not include the cost of the pension reform implemented in 1999. About 20 % of the revenue from pension contributions has been redirected from the pay-as-you-go system to the fully-funded defined-contribution pension schemes. At the time of the recommendation under Article 104(7), the Council took explicitly into account the fact that the deficit targets would have to be revised upwards, with an estimated annual cost of the Polish pension reform of around 1,5 % of GDP. In view of this, and also of the prevailing negative risks attached to the budgetary consolidation strategy, the Council pointed out in its opinion on the May 2004 convergence programme that ‘the budgetary stance in the programme may not be sufficient to reduce the deficit below 3 % of GDP during the programme period’ (i.e. by 2007). |
(8) |
After the expiry of the deadline of 5 November 2004 set in the Council recommendation under Article 104(7), the Commission concluded, in its Communication to the Council of 14 December 2004, that no further steps were necessary under the excessive deficit procedure for Poland as the Polish government had taken effective action regarding the measures envisaged to achieve the 2005 deficit target. |
(9) |
On 17 February 2005, the Council delivered its opinion on the November 2004 update of the convergence programme of Poland. The update revised the 2007 deficit target upwards to 2,2 % of GDP in 2007 (from 1,5 % in the May 2004 convergence programme), i.e. about 3,7 % of GDP including the cost of pension reform. This upward revision occurred in spite of continued strong growth (projected in the programme to average more than 5 % per annum), while deficit outcomes/projections for the years 2004 to 2006 were all lowered, due to measures taken by the government, stronger economic growth as well as statistical revisions. The Council noticed a risk of a delayed or incomplete implementation of the fiscal adjustment measures. Referring to the negative risks attached to the budgetary consolidation strategy, the Council invited Poland inter alia to strengthen the fiscal adjustment beyond 2005 and lower the deficit target for 2007. In effect, only a small number of measures was implemented. The fiscal outcome for 2005 was nevertheless better than expected at 2,5 % of GDP. |
(10) |
On 14 March 2006, the Council adopted its opinion on the January 2006 update of the convergence programme of Poland. The update aimed at a slow reduction of the general government deficit (by about 0,3 % of GDP annually on average in the period 2006 to 2008) in order to meet the budgetary convergence criteria by the end of the legislature (i.e. by the end of 2009). Also, while deficit outcomes and projections for the years 2004 to 2006 were again revised downward, due to measures taken by the government, stronger economic growth as well as statistical revisions, the programme confirmed the deficit target for 2007 at 2,2 % of GDP (with the cost of the pension reform not included). Given the upward revision of the pension reform cost to 2 %, due to better-than-expected labour market developments and higher participation in the new pension system, the 2007 deficit target including this cost was 0,4 percentage points of GDP higher than in the previous update (4,1 % of GDP compared to 3,7 % of GDP). The Council pointed to various risks attached to the budgetary consolidation strategy, such as relatively favourable growth assumptions in the last year of the programme period (2008), relatively optimistic assumptions about tax elasticities and possible difficulties with expenditure control in the face of social spending pressures. The Council concluded that ‘the convergence programme envisages some progress, but not the effective correction of the excessive deficit in 2007’. In addition, the Council mentioned that the planned adjustment in the structural balance (i.e. the cyclically-adjusted balance net of one-off and other temporary measures calculated by the Commission services on the basis of the information provided in the programme according to the commonly agreed methodology) was planned to improve on average by 0,25 % of GDP per year over the programme period. |
(11) |
The draft budget for 2007, adopted on 27 September 2006, estimates the 2006 deficit at 2,1 % of GDP (pension reform cost not included), compared to 2,6 % of GDP targeted in the January 2006 update of the convergence programme (and 3,3 % underlying the July 2004 Council recommendation under Article 104(7)). The more positive outcome reflects higher revenues (especially personal income tax) owing to stronger-than-projected growth as well as more contained expenditure growth, notably lower-than-planned public investment. The draft 2007 budget presents the following deficit targets for the subsequent years: 1,7 % in 2007, 1,2 % in 2008 and 0,5 % in 2009. |
(12) |
The assessment of the action taken by Poland to correct the excessive deficit by 2007 in response to the Council recommendation under Article 104(7) leads to the following conclusions:
|
(13) |
This leads to the conclusion that, while there has been an improvement in the fiscal position and Poland has so far over-achieved its budgetary targets, on the basis of current information the 2007 deficit would clearly exceed the 3 % of GDP deficit reference value which is not in line with the recommendations of the Council for a correction of the excessive deficit by the 2007 deadline. In line with the Resolution of the Amsterdam European Council on the Stability and Growth Pact, Poland agreed to make the Council Recommendation of 5 July 2004 public (6), |
HAS ADOPTED THIS DECISION:
Article 1
The action taken by Poland in response to the Council Recommendation of 5 July 2004 under Article 104(7) of the Treaty is proving to be inadequate to correct the excessive deficit within the deadline fixed by the Recommendation.
Article 2
This Decision is addressed to the Republic of Poland.
Done at Brussels, 28 November 2006.
For the Council
The President
E. HEINÄLUOMA
(1) OJ L 209, 2.8.1997, p. 6, Regulation as last amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).
(3) Eurostat News Releases No 30/2004 of 2 March 2004 and No 117/2004 of 23 September 2004 and Chapter I.1.3 — Classification of funded pension schemes and impact on government finance of the Eurostat Manual on government deficit and debt, available for download at: http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-BE-04-002/EN/KS-BE-04-002-EN.PDF
(4) See footnote 3.
(6) See http://register.consilium.eu.int/pdf/en/04/st11/st11220.en04.pdf
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/84 |
COUNCIL DECISION
of 19 December 2006
on the signing and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services
(2006/1015/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. |
(2) |
On behalf of the Community, the Commission has negotiated an Agreement with the Government of Malaysia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. |
(3) |
Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
Article 3
Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
Article 4
The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.
Done at Brussels, 19 December 2006.
For the Council
The President
J. KORKEAOJA
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/85 |
AGREEMENT
between the European Community and the Government of Malaysia on certain aspects of air services
THE EUROPEAN COMMUNITY,
of the one part, and
THE GOVERNMENT OF MALAYSIA (hereinafter Malaysia),
of the other part,
(hereinafter referred to as ‘the Parties’),
RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Malaysia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Malaysia and to preserve the continuity of such air services,
NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Malaysia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings,
NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Malaysia, to affect the balance between Community air carriers and air carriers of Malaysia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
General provisions
1. For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
2. References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
3. References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
Article 2
Designation by a Member State
1. The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Malaysia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. On receipt of a designation by a Member State, Malaysia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
(i) |
the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; and |
(ii) |
effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and |
(iii) |
the air carrier has its principal place of business in the territory of the Member State from which it has received the valid Operating Licence; and |
(iv) |
the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States. |
3. Malaysia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:
(i) |
the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; or |
(ii) |
effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or |
(iii) |
the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or |
(iv) |
the air carrier is already authorised to operate under a bilateral agreement between Malaysia and another Member State and Malaysia can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or |
(v) |
the air carrier designated holds an Air Operators Certificate issued by a Member State and no bilateral air services agreement is in force between Malaysia and that Member State and that Member State has denied traffic rights to the air carriers designated by Malaysia. |
In exercising its right under this paragraph, Malaysia shall not discriminate between Community air carriers on the grounds of nationality.
Article 3
Safety
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(c).
2. Where a Member State (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Malaysia under the safety provisions of the agreement between the first Member State that has designated the air carrier and Malaysia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
Article 4
Taxation of aviation fuel
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
2. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Malaysia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
Article 5
Tariffs for carriage within the European Community
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by Malaysia under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
Article 6
Compatibility with competition rules
1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
2. The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
Article 7
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 8
Revision or amendment
The Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 9
Entry into force and provisional application
1. This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
2. Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
3. Agreements and other arrangements between Member States and Malaysia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
Article 10
Termination
1. In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
2. In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
Done at … in duplicate, on this … day of …, … in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Bahasa Melayu languages.
For the European Community
For the government of Malaysia
ANNEX I
List of agreements referred to in Article 1 of this Agreement
(a) |
Air service agreements between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally
|
(b) |
Air service agreements and other arrangements initialled or signed between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally
|
ANNEX II
List of articles in the agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement
(a) |
Designation by a Member State:
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
(c) |
Safety:
|
(d) |
Taxation of aviation fuel:
|
(e) |
Tariffs for carriage within the European Community:
|
ANNEX III
List of other States referred to in Article 2 of this Agreement
(a) |
The Republic of Iceland (under the Agreement on the European Economic Area); |
(b) |
The Principality of Liechtenstein (under the Agreement on the European Economic Area); |
(c) |
The Kingdom of Norway (under the Agreement on the European Economic Area); |
(d) |
The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport). |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/95 |
COUNCIL DECISION
of 19 December 2006
granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community
(2006/1016/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
Since 1963, the European Investment Bank (the ‘EIB’) has undertaken operations outside the Community in support of the Community’s external policies. |
(2) |
Most of those operations have been carried out upon request by the Council and have benefited from a Community budgetary guarantee administered by the Commission. Most recently, the Community guarantee was established for the period 2000-2007 by Council Decision 2000/24/EC of 22 December 1999 granting a Community guarantee against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (2) and by Decisions 2001/777/EC (3) and 2005/48/EC (4) for regionally specific lending actions. |
(3) |
With a view to supporting EU external action without affecting the EIB’s credit standing, the EIB should be offered a Community budgetary guarantee for operations carried out outside the Community. The EIB should be encouraged to increase its operations outside the Community without recourse to the Community guarantee, particularly in the pre-accession countries and the Mediterranean as well as in investment grade countries in other regions, while the nature of the coverage of the Community guarantee should be clarified as covering risks of a political or sovereign nature. |
(4) |
The Community guarantee should cover losses under loans and loan guarantees for EIB eligible investment projects carried out in countries covered by the Instrument for Pre-Accession Assistance (5) (the ‘IPA’), the European Neighbourhood and Partnership Instrument (6) (the ‘ENPI’) and the Development Cooperation Instrument (the ‘DCI’), where the loan financing or guarantee has been granted according to a signed agreement which has neither expired nor been cancelled (‘EIB Financing Operations’). |
(5) |
The amounts covered by the Community guarantee under this Decision should represent ceilings for financing by the EIB under the Community guarantee. They should not form targets that the EIB should necessarily meet. |
(6) |
The EU’s external relations policies have been revised and broadened in recent years. This has notably been the case for the Pre-Accession Strategy as set out in the Commission’s 2005 Enlargement Strategy Paper, for the European Neighbourhood Policy, as set out in the Commission’s Strategy Paper of 12 May 2004, for the renewed partnerships with Latin America and South-East Asia and for the EU’s Strategic Partnerships with Russia, China and India. |
(7) |
From 2007, the EU’s external relations will also be supported by the new financial instruments, i.e. the IPA, the ENPI, the DCI and by the Instrument for Stability (7). |
(8) |
EIB Financing Operations should be consistent with and support EU external policies including specific regional objectives. By ensuring overall coherence with EU actions, EIB financing should be complementary to corresponding Community assistance policies, programs and instruments in the different regions. Moreover, the protection of the environment and energy security of the Member States should form part of the EIB’s financing objectives in all eligible regions. EIB Financing Operations should take place in countries complying with appropriate conditionality consistent with EU high level agreements on political and macro-economic aspects. |
(9) |
The policy dialogue between the Commission and the EIB, as well as strategic planning and coherence between EIB and Commission financing should be strengthened. The link between EIB activities outside the Community and EU policies should be strengthened via enhanced cooperation between the EIB and the Commission at central, as well as at field level. Such strengthened coordination should include, inter alia, early mutual consultation with respect to policy matters, preparation of papers of mutual significance and project pipelines. Of particular importance will be early consultation on strategic programming documents prepared by the Commission or by the EIB, to maximise synergies between EIB and Commission activities and measure progress towards the fulfilment of relevant EU policy objectives. |
(10) |
With regard to pre-accession countries, EIB financing in those countries should reflect the priorities established in the Accession and European Partnerships, in the Stabilisation and Association agreements and in negotiations with the EU. The focus of EU action in the Western Balkans should continue to shift progressively from reconstruction to pre-accession support. In this context, the EIB activity should, in addition, also seek to encourage the institution building aspect, where relevant, in cooperation with other International Financial Institutions (‘IFIs’) active in the region. Over the period 2007-2013, financing to candidate countries (Croatia, Turkey and the former Yugoslav Republic of Macedonia) should increasingly take place under the Pre-Accession Facility made available by the EIB, which should be extended over time to cover the potential candidate countries in the Western Balkans in line with the progress of their accession process. |
(11) |
With regard to countries covered by the ENPI, the EIB should continue and consolidate its activities in the Mediterranean region, enhancing its focus on private sector development. In this respect, cooperation by partner countries to facilitate private sector development and encourage structural reform, in particular financial sector reform, is needed, as well as other measures to facilitate EIB activities, in particular to ensure that the EIB can issue bonds in local markets. As regards Eastern Europe, Southern Caucasus and Russia, the EIB should enhance its activities in the countries concerned in line with appropriate conditionality consistent with EU high level agreements with the country in question on political and macro-economic aspects. In this region, the EIB should finance projects of significant interest to the EU in transport, energy, telecommunications and environmental infrastructure. Priority should be given to projects on extended major Trans European Network axes, projects with cross-border implications for one or more Member States and major projects favouring regional integration through increased connectivity. In the environmental sector, the EIB should in Russia give particular priority to projects within the framework of the Northern Dimension Environmental Partnership. In the energy sector, strategic energy supply and energy transport projects are of particular importance. EIB Financing Operations in this region should be carried out in close cooperation with the European Bank for Reconstruction and Development (‘the EBRD’), in particular according to the terms to be set out in a tripartite Memorandum of Understanding between the Commission, the EIB and the EBRD. |
(12) |
EIB financing in the Asian and Latin American countries will be progressively aligned with the EU cooperation strategy in those regions and be complementary to instruments financed by Community budgetary resources. The EIB should endeavour to progressively expand its activities across a larger number of countries in those regions, including in the less prosperous countries. In support of EU objectives, EIB financing in the Asian and Latin American countries should focus on environmental sustainability (including climate change mitigation) and energy security projects, as well as the continued support of EU presence in Asia and Latin America through Foreign Direct Investment, and the transfer of technology and know how. Taking into account cost-efficiency, the EIB should be able to work also directly with local companies, in particular in the field of environmental sustainability and energy security. The mid-term review will re-examine the objectives of the EIB financing in Asia and Latin America. |
(13) |
In Central Asia, the EIB should focus on major energy supply and energy transport projects with cross-border implications. EIB financing in Central Asia should be carried out in close cooperation with the EBRD, in particular according to the terms to be set out in a tripartite Memorandum of Understanding between the Commission, the EIB and the EBRD. |
(14) |
To complement the EIB activities under the Cotonou Agreement for the ACP countries, in South Africa the EIB should focus on infrastructure projects of public interest (including municipal infrastructure, power and water supply) and private sector support, including SMEs. The implementation of the provisions on economic cooperation under the EU-South Africa Trade and Development Cooperation Agreement will further promote EIB activities in this region. |
(15) |
With a view to enhancing the coherence of overall EU support in the regions concerned, opportunities should be sought to combine EIB financing with EU budgetary resources as appropriate, in the form of grant support, risk capital and interest rate subsidies, alongside technical assistance for project preparation, implementation or enhancement of the legal and regulatory framework, through the IPA, the ENPI, the Instrument for Stability and, for South Africa, the DCI. |
(16) |
The EIB already closely cooperates with IFIs and with European bilateral institutions. This cooperation is guided by regionally-specific Memoranda of Understanding, which should be approved by the governing bodies of the EIB. In its financing operations outside the EU falling within the scope of this Decision, the EIB should endeavour to further enhance coordination and cooperation with IFIs and with European bilateral institutions where relevant, including, where appropriate, cooperation on sector conditionality, increased use of cofinancing and participation with other IFIs in global initiatives, such as those promoting aid coordination and efficiency. |
(17) |
Reporting by the EIB and the Commission on EIB Financing Operations should be strengthened. On the basis of the information received from the EIB, the Commission should report, on an annual basis, to the European Parliament and the Council on the EIB Financing Operations carried out under this Decision. The report should, in particular, include a section on value-added in line with EU policies, and a section on cooperation with the Commission, other IFIs and bilateral donors, including on cofinancing. |
(18) |
The Community guarantee established by this Decision should cover EIB Financing Operations signed during a period beginning on 1 February 2007 and ending on 31 December 2013. In order to be able to take stock of the developments during the first half of that period, the EIB and the Commission should prepare a mid-term review of the Decision. This review should in particular include an external evaluation whose terms of reference are specified in Annex II. |
(19) |
EIB Financing Operations should continue to be managed in accordance with the EIB’s own rules and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF. |
(20) |
The Guarantee Fund for External Action (the ‘Guarantee Fund’), established by Council Regulation (EC, Euratom) No 2728/94 of 31 October 1994, should continue to provide a liquidity cushion for the Community budget against losses on EIB Financing Operations (8). |
(21) |
The EIB should prepare, in consultation with the Commission, an indicative multi-annual programme of the volume of signatures of EIB Financing Operations, so as to ensure an appropriate budgetary plan for provisioning the Guarantee Fund. The Commission should take account of this plan in its regular budget programming transmitted to the budgetary authority, |
HAS DECIDED AS FOLLOWS:
Article 1
Guarantee and ceilings
1. The Community shall grant the European Investment Bank (the ‘EIB’) a global guarantee (the ‘Community guarantee’) in respect of payments not received by the EIB, but due to it, in respect of loans and loan guarantees for EIB eligible investment projects carried out in countries covered by this Decision, where the loan financing or guarantee has been granted according to a signed agreement which has neither expired nor been cancelled (‘EIB Financing Operations’) and has been granted in accordance with the EIB’s own rules and procedures and in support of the relevant external policy objectives of the European Union.
2. The Community guarantee shall be restricted to 65 % of the aggregate amount of credits disbursed and guarantees provided under EIB Financing Operations, less amounts reimbursed, plus all related sums.
3. The maximum ceiling of the EIB Financing Operations throughout the period referred to in paragraph 6, less amounts cancelled, shall not exceed EUR 27 800 million. This maximum ceiling shall be broken down into two parts:
(a) |
a basic ceiling of a fixed maximum amount of EUR 25 800 million, including its regional distribution defined in paragraph 4, to cover the entire period referred to in paragraph 6; |
(b) |
an optional mandate of EUR 2 000 million. The activation in whole or in part of this optional amount and its regional distribution will be decided by the Council in accordance with the procedure foreseen in Article 181a(2) of the Treaty. The decision will be based on the outcome of the mid-term review set out in Article 9. |
4. The basic ceiling referred to in paragraph 3(a) shall be broken down into the following binding regional ceilings:
(a) |
Pre-Accession countries: EUR 8 700 million; |
(b) |
Neighbourhood and Partnership countries: EUR 12 400 million; broken down into the following indicative sub-ceilings:
|
(c) |
Asia and Latin America: EUR 3 800 million; broken down into the following indicative sub-ceilings:
|
(d) |
Republic of South Africa: EUR 900 million. |
5. Within the regional ceilings, the governing bodies of the EIB may decide to reallocate an amount of up to 10 % of the regional ceiling between sub-ceilings.
6. The Community guarantee shall cover EIB Financing Operations signed during the period beginning on 1 February 2007 and ending on 31 December 2013.
7. If, on expiry of the period referred to in paragraph 6, the Council has not adopted a decision granting a new Community Guarantee to the EIB for its Financing Operations outside the Community, that period shall be automatically extended by six months.
Article 2
Countries covered
1. The list of countries eligible or potentially eligible for EIB financing under Community guarantee is laid down in Annex I.
2. For countries listed in Annex I and marked with ‘*’ and for other countries not listed in Annex I, the eligibility of such country for EIB financing under Community guarantee shall be decided by the Council on a case by case basis in accordance with the procedure provided for in Article 181a(2) of the Treaty.
3. The Community guarantee shall only cover EIB Financing Operations carried out in countries having concluded a framework agreement with the EIB establishing the legal conditions under which such EIB Financing Operations are to be carried out.
4. In the event of serious concerns over the political or economic situation in a specific country, the Council may decide to suspend new EIB financing under Community guarantee in that country in accordance with the procedure provided for in Article 181a(2) of the Treaty.
5. The Community guarantee shall not cover EIB Financing Operations in a specific country when the agreement concerning such EIB Financing Operations has been signed after that country’s accession to the EU.
Article 3
Consistency with policies of the European Union
1. The consistency of EIB external actions with the external policy objectives of the European Union shall be strengthened with a view to maximising synergies of EIB financing and budgetary resources of the European Union, notably through regular and systematic dialogue and early consultation on:
(a) |
strategic documents prepared by the Commission, such as country and regional strategy papers, action plans and pre-accession documents; |
(b) |
the EIB’s strategic planning documents and project pipelines; |
(c) |
other policy and operational aspects. |
2. The cooperation shall be carried out on a regionally differentiated basis, taking into consideration the EIB’s role as well as the policies of the European Union in each region.
3. An EIB Financing Operation will not be included under the cover of the Community guarantee in case the Commission delivers a negative opinion on such operation within the framework of the procedure provided for in Article 21 of the Statutes of the EIB.
4. The consistency of EIB Financing Operations with the external policy objectives of the European Union shall be monitored in accordance with Article 6.
Article 4
Cooperation with other International Financial Institutions
1. EIB Financing Operations shall increasingly be carried out, where appropriate, in cooperation between and/or by means of cofinancing by the EIB and other IFIs, or European bilateral institutions, in order to maximise synergies, cooperation and efficiency and to ensure reasonable sharing of risks and coherent project and sector conditionality.
2. This cooperation shall be facilitated by coordination, carried out notably in the context of Memoranda of Understanding, where appropriate, between the Commission, the EIB and the main IFIs and European bilateral institutions operating in the different regions.
3. The cooperation with IFIs and other donors shall be assessed at the mid-term review set out in Article 9.
Article 5
Coverage and terms of the Community Guarantee
1. For EIB Financing Operations entered into with a State, or guaranteed by a State, and for other EIB Financing Operations entered into with regional or local authorities or government-owned and/or government-controlled public enterprises or institutions, where such other EIB Financing Operations have an appropriate EIB credit risk assessment taking into account the credit risk situation of the country concerned, the Community guarantee shall cover all payments not received by the EIB, but due to it (the ‘Comprehensive Guarantee’).
For the purposes of this Article and Article 6(4), the notion of State includes the West Bank and Gaza Strip, as represented by the Palestinian Authority, and Kosovo, as represented by the UN Interim Administration Mission.
2. For EIB Financing Operations other than those indicated in paragraph 1, the Community guarantee shall cover all payments not received by the EIB, but due to it, where the non-receipt has been caused by the realisation of one of the following political risks (the ‘Political Risk Guarantee’):
(a) |
non-transfer of currency; |
(b) |
expropriation; |
(c) |
war or civil disturbance; |
(d) |
denial of justice upon breach of contract. |
Article 6
Reporting and accounting
1. The Commission shall report annually to the European Parliament and the Council on the EIB Financing Operations carried out under this Decision. The report shall include an assessment of impact and effectiveness of EIB Financing Operations at project, sector, country and regional level as well as the contribution of the EIB Financing Operations to the fulfilment of the external policy objectives of the European Union, taking into account the operational objectives of the EIB. It shall also include an assessment of the extent of cooperation between the EIB and the Commission and between the EIB and other IFIs and bilateral donors.
2. For the purposes of paragraph 1, the EIB shall provide the Commission with yearly reports of EIB Financing Operations carried out under this Decision and of the fulfilment of the external policy objectives of the European Union, including cooperation with other IFIs.
3. The EIB shall provide the Commission with statistical, financial and accounting data on each of the EIB Financing Operations as necessary to fulfil its reporting duties or requests by the European Court of Auditors as well as with an auditor’s certificate on the outstanding amounts of the EIB Financing Operations.
4. For the purposes of the Commission’s accounting and reporting of the risks covered by the Comprehensive Guarantee, the EIB shall provide the Commission with the EIB’s risk assessment and grading information concerning EIB Financing Operations with borrowers or guaranteed obligors other than States.
5. The EIB shall provide the information referred to in paragraphs 2, 3 and 4 at its own expense.
Article 7
Recovery of payments made by the Commission
1. If the Commission makes any payment under the Community guarantee, the EIB shall, in the name and on behalf of the Commission, pursue the recovery of claims for the amounts paid.
2. The EIB and the Commission shall enter into an agreement laying down the detailed provisions and procedures relating to recovery of claims no later than the date of conclusion of the agreement referred to in Article 8.
Article 8
Guarantee agreement
The EIB and the Commission shall enter into a guarantee agreement laying down the detailed provisions and procedures relating to the Community guarantee.
Article 9
Review of the Decision
1. The Commission shall present to the European Parliament and the Council a mid-term report on the application of this Decision by 30 June 2010, accompanied, as appropriate, by a proposal for its amendment, drawing upon an external evaluation whose terms of reference are specified in Annex II of this Decision.
2. The Commission shall present a final report on the application of this Decision by 31 July 2013.
Article 10
Application
This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.
Done at Brussels, 19 December 2006.
For the Council
The President
J. KORKEAOJA
(1) Opinion delivered on 30 November 2006 (not yet published in the Official Journal).
(2) OJ L 9, 13.1.2000, p. 24. Decision as last amended by Decision 2006/174/EC (OJ L 62, 3.3.2006, p. 26).
(3) OJ L 292, 9.11.2001, p. 41.
(4) OJ L 21, 25.1.2005, p. 11.
(5) Council Regulation (EC) No 1085/2006 of 17 July 2006 (OJ L 210, 31.7.2006, p. 82).
(6) Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (OJ L 310, 9.11.2006, p. 1).
(7) Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (OJ L 327, 24.11.2006, p. 1).
(8) OJ L 293, 12.11.1994, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2273/2004 (OJ L 396, 31.12.2004, p. 28).
ANNEX I
Regions and countries covered by Article 1
A. PRE-ACCESSION COUNTRIES
1. |
Candidate countries Croatia, Turkey, the former Yugoslav Republic of Macedonia. |
2. |
Potential candidate countries Albania, Bosnia and Herzegovina, Montenegro, Serbia, Kosovo under United Nations Security Council Resolution 1244 (1999). |
B. NEIGHBOURHOOD AND PARTNERSHIP COUNTRIES
1. |
Mediterranean Algeria, Egypt, the West Bank and the Gaza Strip, Israel, Jordan, Lebanon, Libya (*), Morocco, Syria, Tunisia. |
2. |
Eastern Europe, Southern Caucasus and Russia Eastern Europe: Moldova, Ukraine, Belarus (*) Southern Caucasus: Armenia, Azerbaijan, Georgia; Russia: Russia. |
C. ASIA AND LATIN AMERICA
1. |
Latin America Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela. |
2. |
Asia
|
D. SOUTH AFRICA
South Africa.
ANNEX II
Mid-term review and terms of reference for the evaluation of the EIB’s external mandate
Mid-term review
A substantive mid-term review of EIB external financing will be conducted by 2010. This review, which will be fully informed by an independent external evaluation to be transmitted to the Council, will provide the basis for a decision by Member States whether and to what extent to release any optional mandate topping-up possible lending in the period following 2010 in a second stage, whether to make other amendments to the mandate, and how to ensure maximum value-added and efficiency in the EIB's operations. The Commission will present the mid-term review to the European Parliament and to the Council by 30 June 2010, as the basis for any proposal for the amendment of the mandate. The Council will decide as appropriate after consulting the European Parliament.
The framework of the evaluation
It will include:
a. |
an evaluation of the EIB's external financing activities. Parts of the evaluation will be conducted in cooperation with the EIB's and the Commission's evaluation departments; |
b. |
an assessment of the wider impact of the EIB's external lending on interaction with other IFIs and other sources of finance. |
The evaluation will be supervised and managed by a steering committee comprising several ‘wise persons’ appointed by the EIB Board of Governors, an EIB and a Commission representative. The steering committee will be chaired by one such ‘wise person’. It will convene no later than during the first semester of 2008.
The steering committee will be supported by the EIB's and the Commission's evaluation departments and by external expertise. These external experts will be selected through a Commission tender process. The steering committee will be consulted on the terms of reference and on the criteria for the selection of the external experts. The costs of external experts will then be borne by the Commission and will be covered by the budget line dedicated to the provisioning of the Guarantee Fund.
The final evaluation report submitted by the steering committee will draw clear conclusions, based on the information gathered, to base the decision of the mid-term review on whether to release the optional tranche for the remaining term of the mandate and on the regional distribution of any additional financing.
The scope of the evaluation
The evaluation will cover the previous mandates (2000-2006) and the first years of the 2007-2013 mandate until end 2009. It will examine project financing volumes and disbursements by country as well as technical assistance and risk capital operations. Considering the effects at project, sector, regional and country level, the evaluation will base its conclusions on:
a. |
the in-depth evaluation of the relevance, performance (effectiveness, efficiency and sustainability) of EIB operations against their specific regional objectives as originally set within the relevant EU external policies as well as of their value-added (to be conducted in association with the EIB's evaluation unit and Commission services); |
b. |
the assessment of consistency with the relevant EU external policies and strategies and of the additionality and value-added of EIB operations in the first years of the 2007-2013 mandate in the framework of the specific regional objectives in the 2007-2013 mandate and of the corresponding performance indicators to be set by the EIB (to be conducted in association with the EIB's evaluation unit and Commission services). |
In these assessments, value-added of EIB operations will be measured against three elements: support of EU policy objectives, the quality of the projects themselves and alternative sources of financing.
a. |
analysis of the financial needs of the beneficiaries, their absorption capacity and the availability of other sources of private or public financing for the relevant investments; |
b. |
the assessment of the cooperation and coherence of actions between EIB and the Commission; |
c. |
the assessment of the cooperation and synergies between the EIB and international and bilateral finance institutions and agencies. |
30.12.2006 |
EN |
Official Journal of the European Union |
L 414/NaN |