(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

The rates of the refunds applicable from 15 December 2006 to the products listed in the Annex, exported in the form of goods not covered by Annex I to the Treaty, were fixed by Commission Regulation (EC) No 1844/2006 (2).

(2)

It follows from applying the rules and criteria contained in Regulation (EC) No 1844/2006 to the information at present available to the Commission that the export refunds at present applicable should be altered as shown in the Annex hereto,

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(b) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 318/2006.

(5)

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

(1)

Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (2) requires the issuing of partial invitations to tender.

(2)

Pursuant to Article 8(1) of Regulation (EC) No 958/2006 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 11 January 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender.

(3)

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

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the market in milk and milk products, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 31 of Regulation (EC) No 1255/1999.

(3)

The second subparagraph of Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

In accordance with the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (2) approved by Council Decision 98/486/EC (3), a certain amount of Community milk products exported to the Dominican Republic can benefit from reduced customs duties. For this reason, export refunds granted to products exported under this scheme should be reduced by a certain percentage.

(5)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

(1)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 9 January 2007.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

(1)

Commission Regulation (EC) No 955/2005 (3) opened an annual import tariff quota for 5 605 tonnes of rice falling within CN code 1006 originating in Egypt (serial No 09.4097).

(2)

The notification made in accordance with Article 5(a) of Regulation (EC) No 955/2005 shows that the applications lodged from 1 to 8 January 2007 at 13.00 (Brussels time) in accordance with Article 4(1) of that Regulation exceed the quantities available. The extent to which licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down.

(3)

No further import licences should be issued under Regulation (EC) No 955/2005 for the current quota period,

(1)

Commission Decision 2005/779/EC of 8 November 2005 concerning animal health protection measures against swine vesicular disease in Italy (2) was adopted in response to the presence of that disease in Italy. It lays down animal health rules as regards swine vesicular disease for regions of that Member State that are recognised as free of that disease and for regions not so recognised.

(2)

In the light of the information now provided by Italy, the measures provided for in Decision 2005/779/EC as regards the surveillance on holdings and assembly centres for pigs, and in particular as regards the testing and sampling to be carried out, should be increased in the interests of the prevention of the spread of the disease. In addition, the movement of pigs from holdings and regions that are not recognised as free from swine vesicular disease should be made more restrictive.

(3)

Decision 2005/779/EC should therefore be amended accordingly.

(4)

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

1.

In Article 5, the introductory phrase of paragraph 2 is replaced by the following:

2.

Article 6 is replaced by the following:

3.

Article 7 is amended as follows:

4.

In Article 8, Point (e) is replaced by the following:

(1)

Newcastle disease is a highly contagious viral disease in poultry and birds and there is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

(2)

Commission Decision 2005/648/EC of 8 September 2005 concerning protection measures in relation to Newcastle disease in Bulgaria (3) was adopted following an outbreak of Newcastle disease in the administrative district of Vratsa. That Decision suspends the importation of live poultry, ratites, farmed and wild feathered game and hatching eggs, fresh meat and meat preparations and meat products from these species.

(3)

Bulgaria confirmed outbreaks of Newcastle disease in one municipality of the administrative district of Dobrich and in one municipality of the administrative district of Razgrad in Bulgaria.

(4)

Taking account of the current epidemiology situation in Bulgaria in relation to Newcastle disease and the fact that this country has applied certain disease control measures and has sent further information on the disease situation to the Commission, it appears that the situation in Bulgaria, except for the districts of Vratsa, Blagoevgrad, Kardzhali, Burgas (excluding the municipalities of Burgas and Sungurlare), for the municipality of Dobrichka situated in the district of Dobrich and for the municipality of Kubrat situated in the district of Razgrad is still satisfactory. It is therefore appropriate to limit the suspension of imports to those regions.

(5)

The Annex to Decision 2005/648/EC should therefore be amended accordingly.

(6)

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

(1)

Commission Decision 2005/362/EC of 2 May 2005 approving the plan for the eradication of African swine fever in feral pigs in Sardinia, Italy (2) approves the plan for the eradication of African swine fever in feral pigs in the region of Sardinia.

(2)

Italy has informed the Commission about the results of this plan and the favourable evolution of that disease on the territory of Sardinia.

(3)

It is appropriate therefore to redefine the different areas and in particular the high risk area where the eradication plan is to be implemented in the region of Sardinia.

(4)

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

(1)

Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy (4) was adopted in response to the presence of African swine fever in the province of Nuoro and part of the province of Sassari in Sardinia.

(2)

Italy has informed the Commission about the results of the plan for the eradication of African swine fever in feral pigs in Sardinia, approved by Commission Decision 2005/362/EC (5), and the favourable evolution of that disease on the territory of Sardinia.

(3)

The province of Orestano, certain municipalities of the province of Sassari and certain municipalities of the province of Nuoro should therefore be deleted from the areas of Sardinia as referred to in point (b)(i) of Article 5(2) of Decision 2005/363/EC that are excluded from the derogation foreseen in this Article that authorises the Italian authorities to dispatch pig meat under certain conditions.

(4)

Decision 2005/363/EC should therefore be amended accordingly.

(5)

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

(1)

In the case of some acts requiring adaptation on account of the accession of Bulgaria and Romania to the European Union, provision was not made for the necessary adaptations in the Act of Accession of 2005. These adaptations must be adopted before accession so as to be applicable from the date of accession.

(2)

Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 20(1) thereof, provides for the establishment of a computerised system linking the veterinary authorities of the Member States.

(3)

Commission Decision 2002/459/EC of 4 June 2002 listing the units in the ANIMO computerised network and repealing Decision 2002/287/EC (2) lists and identifies the units of the ANIMO system in the Member States.

(4)

Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (3) requires the use of Traces, a computerised system for tracing the movements of animals and certain products in the framework of intra-Community trade and imports.

(5)

To ensure the smooth functioning of the Traces computerised system, the different units present in Bulgaria and Romania need to be identified.

(6)

Decision 2002/459/EC must therefore be amended accordingly.

(7)

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

(1)

Commission Decision 2002/613/EC of 19 July 2002 laying down the importation conditions of semen of domestic animals of the porcine species (2) establishes a list of third countries, including Canada, from which Member States are to authorise the importation of semen of domestic animals of the porcine species.

(2)

Canada has requested that an amendment be made to the list of semen collection centres approved under Decision 2002/613/EC as regards entries for that country.

(3)

Canada has provided guarantees regarding compliance with the appropriate rules set out in Directive 90/429/EEC and the new centre to be added to the list has been officially approved for exports to the Community by the veterinary services of that country.

(4)

Decision 2002/613/EC should therefore be amended accordingly.

(5)

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

(1)

Directive 96/23/EC lays down the measures to monitor certain substances and residues thereof in live animals and animal products and provides that Member States are to submit their monitoring plans for the detection of residues or substances) to the Commission for approval (‘monitoring plans’).

(2)

As Bulgaria and Romania are due to accede to the Community on 1 January 2007, they have submitted monitoring plans to the Commission for approval.

(3)

Those monitoring plans comply with the requirements of Directive 96/23/EC and should therefore be approved.

(4)

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

(1)

From 1 January 2007, semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained in Bulgaria and Romania and intended for intra-Community trade have to comply with Community legislation.

(2)

In particular, those products are to be subject to the animal health requirements laid down in Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (2), Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (3), Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (4) and Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (5).

(3)

Certain of those products obtained in Bulgaria and Romania before the date of Accession may still be in stock after that date. However, those products may not comply with all the animal health requirements applicable to intra-Community trade set out in Community legislation.

(4)

In order to facilitate the transition from the existing regime for such products obtained in Bulgaria and Romania to the regime existing under Community legislation, it is appropriate to lay down transitional measures for intra-Community trade in those products. Therefore, semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained prior to Accession and in compliance with Community animal health requirements for exports of the products from the country of origin to the Community in force before 1 January 2007 should be allowed to enter intra-Community trade.

(5)

At the same time, such products obtained prior to Accession and not in comformity with Community legislation for the transitional period of eight months should be allowed to be traded between Bulgaria and Romania.

(6)

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

(1)

Directive 90/539/EEC sets down animal health conditions governing intra-Community trade in poultry and hatching eggs and imports of those products from third countries. Pursuant to that Directive Member States’ plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs are to be approved by the Commission.

(2)

Decision 2004/835/EC of 3 December 2004 approving plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs (2) approved those plans for the present Member States, except for Luxembourg. The Annex to that Decision lists the Member States whose plans have been approved.

(3)

Bulgaria and Romania are due to accede to the Community on 1 January 2007. Accordingly, they have submitted their plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs to the Commission for approval.

(4)

The plans submitted by Bulgaria and Romania and as amended following the suggestions made during their evaluation, fulfil the criteria laid down in Directive 90/539/EEC and, subject to an effective implementation, permit the objectives of that Directive to be attained and should therefore be approved.

(5)

For the sake of clarity of Community legislation, Decision 2004/835/EC should be repealed and replaced by the present Decision.

(6)

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