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ISSN 1725-2555 |
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Official Journal of the European Union |
L 35 |
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English edition |
Legislation |
Volume 50 |
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Contents |
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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory |
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REGULATIONS |
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DIRECTIVES |
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Commission Directive 2007/5/EC of 7 February 2007 amending Council Directive 91/414/EEC to include captan, folpet, formetanate and methiocarb as active substances ( 1 ) |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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Commission |
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2007/84/EC |
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2007/85/EC |
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III Acts adopted under the EU Treaty |
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ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
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(1) Text with EEA relevance |
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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 adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/1 |
COMMISSION REGULATION (EC) No 113/2007
of 7 February 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
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(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. |
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(2) |
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 8 February 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2007.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).
ANNEX
to Commission Regulation of 7 February 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
IL |
221,4 |
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MA |
54,2 |
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TN |
157,6 |
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TR |
176,0 |
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ZZ |
152,3 |
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0707 00 05 |
JO |
163,6 |
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MA |
65,2 |
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TR |
161,7 |
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ZZ |
130,2 |
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0709 90 70 |
MA |
43,6 |
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TR |
135,7 |
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ZZ |
89,7 |
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0709 90 80 |
EG |
26,8 |
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ZZ |
26,8 |
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0805 10 20 |
EG |
47,5 |
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IL |
57,6 |
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MA |
47,3 |
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TN |
41,6 |
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TR |
71,2 |
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ZZ |
53,0 |
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0805 20 10 |
MA |
85,3 |
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ZZ |
85,3 |
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0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
IL |
66,7 |
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MA |
126,1 |
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TR |
60,2 |
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ZZ |
84,3 |
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0805 50 10 |
EG |
56,1 |
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TR |
56,5 |
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ZZ |
56,3 |
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0808 10 80 |
CA |
104,2 |
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CN |
85,2 |
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TR |
90,5 |
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US |
113,1 |
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ZZ |
98,3 |
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0808 20 50 |
AR |
111,0 |
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US |
103,3 |
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ZA |
94,2 |
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ZZ |
102,8 |
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(1) Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/3 |
COMMISSION REGULATION (EC) No 114/2007
of 7 February 2007
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),
Having regard to 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 (2), and in particular of the Article 36,
Whereas:
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(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2006/2007 marketing year are fixed by Commission Regulation (EC) No 1002/2006 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1815/2006 (4). |
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(2) |
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 8 February 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2007.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1585/20065 (OJ L 294, 25.10.2006, p. 19).
(2) OJ L 178, 1.7.2006, p. 24.
ANNEX
Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 applicable from 8 February 2007
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(EUR) |
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CN code |
Representative price per 100 kg of the product concerned |
Additional duty per 100 kg of the product concerned |
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1701 11 10 (1) |
21,23 |
5,69 |
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1701 11 90 (1) |
21,23 |
11,09 |
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1701 12 10 (1) |
21,23 |
5,50 |
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1701 12 90 (1) |
21,23 |
10,57 |
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1701 91 00 (2) |
26,42 |
12,02 |
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1701 99 10 (2) |
26,42 |
7,50 |
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1701 99 90 (2) |
26,42 |
7,50 |
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1702 90 99 (3) |
0,26 |
0,39 |
(1) Fixed for the standard quality defined in Annex I.III to Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).
(2) Fixed for the standard quality defined in Annex I.II to Regulation (EC) No 318/2006.
(3) Fixed per 1 % sucrose content.
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/5 |
COMMISSION REGULATION (EC) No 115/2007
of 7 February 2007
amending Regulation (EC) No 60/2004, as regards the assignment to the Community budget of the amounts charged for the quantities of surplus sugar not eliminated from the market
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,
Whereas:
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(1) |
Pursuant to Article 7(2) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), the amount to be charged to those Member States for the surplus quantities not eliminated from the market in accordance with Article 6(2) of that Regulation are to be assigned to the Community budget in four equal instalments by 31 December at the latest of each of the years 2006, 2007, 2008 and 2009. |
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(2) |
Commission Decision 2006/776/EC of 13 November 2006 on the amounts to be charged for the quantities of surplus sugar not eliminated (2) fixed the amounts to be charged per Member State for the quantities of surplus sugar determined by Commission Regulation (EC) No 832/2005 of 31 May 2005 on the determination of surplus quantities of sugar, isoglucose and fructose for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (3) for which no adequate proof of elimination has been provided by 31 March 2006. |
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(3) |
Pursuant to Article 6(3)(a) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2000/597/EC, Euratom on the system of the Communities' own resources (4) entitlements established in accordance with Article 2 of that Regulation are to be entered in the accounts for own resources at the latest on the first working day after the 19th day of the second month following the month during which the entitlement was established. |
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(4) |
According to Article 7(1) of Regulation (EC) No 60/2004 the Member States concerned had to submit proof of elimination to the Commission by 31 March 2006. In certain cases however, it was necessary to request supplementary information with regard to the proofs submitted. Due to the delays in the arrival of such additional information and the time required for their thorough analysis it was not possible to notify the Member States concerned of the charges to be paid by 31 October 2006. Consequently, in order to comply with the rules laid down in Regulation (EC, Euratom) No 1150/2000, the deadline set by Article 7(2) of Regulation (EC) No 60/2004 for the payment of the first instalment needs to be adjusted. |
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(5) |
Regulation (EC) No 60/2004 should therefore be amended accordingly. |
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(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 7, paragraph 2 of Regulation (EC) No 60/2004 is replaced by the following:
‘2. In case the proof of elimination from the market is not provided in accordance with paragraph 1, for a part or the totality of the surplus quantity, the new Member State shall be charged an amount equal to the quantity not eliminated multiplied by the highest export refunds applicable to white sugar falling within CN code 1701 99 10 during the period from 1 May 2004 to 30 November 2005. A share equal to 25 % of the total amount shall be assigned to the Community budget by 31 January 2007, 31 December 2007, 31 December 2008 and 31 December 2009 at the latest. The total amount shall be taken into account for the calculation of the production levies for the marketing year 2005/06.’
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 9, 15.1.2004, p. 8. Regulation as last amended by Regulation (EC) No 1667/2005 (OJ L 269, 14.10.2005, p. 3).
(2) OJ L 314, 15.11.2006, p. 35.
(4) OJ L 130, 31.5.2000, p. 1. Regulation as amended by Regulation (EC, Euratom) No 2028/2004 (OJ L 352, 27.11.2004, p. 1).
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/7 |
COMMISSION REGULATION (EC) No 116/2007
of 7 February 2007
amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder (1) and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (2), and in particular the second subparagraph of Article 71(2) thereof,
Whereas:
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(1) |
The experience gained from the implementation of Commission Regulation (EC) No 382/2005 (3) has shown that the wording of Article 34a of that Regulation should be made more precise as regards the conditions of eligibility for the aid provided in the said Article and that time limits should be set for the payment of such aid. |
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(2) |
Regulation (EC) No 382/2005 should therefore be amended accordingly. |
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(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals and Direct Payments, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 34a of Regulation (EC) No 382/2005 is hereby amended as follows:
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1. |
Paragraph 1 is replaced by the following: ‘1. By way of derogation from Article 18(3) of this Regulation, dried fodder produced during the 2005/06 marketing year which had not left the processing undertaking or one of the storage locations mentioned in Article 3(a) by 31 March 2006 may be eligible for the aid laid down in Article 4 of Regulation (EC) No 1786/2003 for the 2005/06 marketing year and, where appropriate, for the aid mentioned in the second subparagraph of Article 71(2) of Regulation (EC) No 1782/2003, provided it:
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2. |
The following paragraph 3 is added: ‘3. Without prejudice to the time limit of 90 days stipulated in Article 20(2) for checking entitlement to the aid, the aid which recipients may claim shall be paid under the following conditions:
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Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 270, 21.10.2003, p. 114. Regulation as last amended by Regulation (EC) No 456/2006 (OJ L 82, 21.3.2006, p. 1).
(2) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).
(3) OJ L 61, 8.3.2005, p. 4. Regulation as amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/9 |
COMMISSION REGULATION (EC) No 117/2007
of 7 February 2007
fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (3), and in particular Article 3(4) thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
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(2) |
It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published. |
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(3) |
It is necessary to apply this amendment as soon as possible, given the situation on the market. |
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(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 8 February 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2007.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).
(2) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006.
(3) OJ L 282, 1.11.1975, p. 104. Regulation as last amended by Commission Regulation (EC) No 2916/95 (OJ L 305, 19.12.1995, p. 49).
(4) OJ L 145, 29.6.1995, p. 47. Regulation as last amended by Regulation (EC) No 35/2007 (OJ L 10, 17.1.2007, p. 10).
ANNEX
to the Commission Regulation of 7 February 2007 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
‘ANNEX I
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CN code |
Description |
Representative price (EUR/100 kg) |
Security referred to in Article 3(3) (EUR/100 kg) |
Origin (1) |
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0207 12 90 |
Chickens, plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as “65 % chickens”, or otherwise presented, frozen |
104,9 |
4 |
01 |
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96,7 |
6 |
02 |
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0207 14 10 |
Boneless cuts of fowl of the species Gallus domesticus, frozen |
203,7 |
29 |
01 |
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209,8 |
27 |
02 |
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271,0 |
9 |
03 |
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0207 25 10 |
Turkey carcases, known as 80 % turkeys, frozen |
130,5 |
9 |
01 |
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0207 27 10 |
Boneless cuts of turkey, frozen |
237,3 |
18 |
01 |
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269,0 |
8 |
03 |
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1602 32 11 |
Preparations of uncooked fowl of the species Gallus domesticus |
215,4 |
21 |
01 |
(1) Origin of imports:
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01 |
Brazil |
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02 |
Argentina |
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03 |
Chile.’ |
DIRECTIVES
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8.2.2007 |
EN |
Official Journal of the European Union |
L 35/11 |
COMMISSION DIRECTIVE 2007/5/EC
of 7 February 2007
amending Council Directive 91/414/EEC to include captan, folpet, formetanate and methiocarb as active substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
Whereas:
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(1) |
Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes captan, folpet, formetanate and methiocarb. |
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(2) |
For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For captan, folpet and formetanate, the rapporteur Member State was Italy and all relevant information was submitted on 20 October 2003 for captan and folpet and on 13 July 2004 for formetanate. For methiocarb the rapporteur Member State was United Kingdom and all relevant information was submitted on 4 March 2004. |
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(3) |
The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 24 April 2006 for captan, folpet and formetanate and on 12 May 2006 for methiocarb in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 29 September 2006 in the format of the Commission review reports for captan, folpet, formetanate and methiocarb. |
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(4) |
It has appeared from the various examinations made that plant protection products containing captan, folpet, formetanate and methiocarb may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive. |
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(5) |
Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points concerning captan, folpet, formetanate and methiocarb. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore it is appropriate to require that captan, folpet, formetanate and methiocarb should be subjected to further testing for confirmation of the risk assessment for some issues and that such studies should be presented by the notifiers. |
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(6) |
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 which will result from the inclusion. |
|
(7) |
Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing captan, folpet, formetanate and methiocarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC. |
|
(8) |
The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I. |
|
(9) |
It is therefore appropriate to amend Directive 91/414/EEC accordingly. |
|
(10) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2
Member States shall adopt and publish by 31 March 2008 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 April 2008.
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.
Article 3
1. Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing captan, folpet, formetanate and methiocarb as active substances by 31 March 2008.
By that date they shall in particular verify that the conditions in Annex I to that Directive relating to captan, folpet, formetanate and methiocarb are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing captan, folpet, formetanate and methiocarb as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 30 September 2007 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning captan, folpet, formetanate and methiocarb respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
Following that determination Member States shall:
|
(a) |
in the case of a product containing captan, folpet, formetanate and methiocarb as the only active substance, where necessary, amend or withdraw the authorisation by 30 September 2011 at the latest; or |
|
(b) |
in the case of a product containing captan, folpet, formetanate and methiocarb as one of several active substances, where necessary, amend or withdraw the authorisation by 30 September 2011 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest. |
Article 4
This Directive shall enter into force on 1 October 2007.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 7 February 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/136/EC (OJ L 349, 12.12.2006, p. 42).
(2) OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).
(4) EFSA Scientific Report (2006) 71, 1-89, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance captan (finalised: 24 April 2006)
EFSA Scientific Report (2006) 70, 1-78, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance folpet (finalised: 24 April 2006)
EFSA Scientific Report (2006) 69, 1-78, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance formetanate (finalised: 24 April 2006)
EFSA Scientific Report (2006) 79, 1-82, Conclusions on the peer review of methiocarb (finalised: 12 May 2006).
ANNEX
The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:
|
No |
Common name, identification numbers |
IUPAC name |
Purity (1) |
Entry into force |
Expiration of inclusion |
Specific provisions |
||||||||||||||
|
‘151 |
Captan CAS No 133-06-02 CIPAC No 40 |
N-(trichloromethylthio)cyclohex-4-ene-1,2-dicarboximide |
≥ 910 g/kg Impurities:
|
1 October 2007 |
30 September 2017 |
PART A Only uses as fungicide can be authorised. PART B In assessing applications to authorise plant protection products containing captan for uses other than tomatoes Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted. For the implementation of the uniform principles of Annex VI, the conclusions of the review report on captan, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 September 2006 shall be taken into account. In this overall assessment Member States must pay particular attention to:
The Member States concerned shall request the submission of further studies to confirm the long term risk assessment for birds and mammals, as well as the toxicological assessment on metabolites potentially present in groundwater under vulnerable conditions. They shall ensure that the notifiers at whose request captan has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive. |
||||||||||||||
|
152 |
Folpet CAS No 133-07-3 CIPAC No 75 |
N-(trichloromethylthio)phthalimide |
≥ 940 g/kg Impurities:
|
1 October 2007 |
30 September 2017 |
PART A Only uses as fungicide can be authorised. PART B In assessing applications to authorise plant protection products containing folpet for uses other than winter wheat Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted. For the implementation of the uniform principles of Annex VI, the conclusions of the review report on folpet, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 September 2006 shall be taken into account. In this overall assessment Member States must pay particular attention to:
The Member States concerned shall request the submission of further studies to confirm the risk assessment for birds, mammals and earthworms. They shall ensure that the notifiers at whose request folpet has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive. |
||||||||||||||
|
153 |
Formetanate CAS No 23422-53-9 CIPAC No 697 |
3-dimethylaminomethyleneaminophenyl methylcarbamate |
≥ 910 g/kg |
1 October 2007 |
30 September 2017 |
PART A Only uses as insecticide and acaricide may be authorised. PART B In assessing applications to authorise plant protection products containing formetanate for uses other than in field tomatoes and ornamental shrubs Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted. For the implementation of the uniform principles of Annex VI, the conclusions of the review report on formetanate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 September 2006 shall be taken into account. In this overall assessment Member States:
The Member States concerned shall request the submission of further studies to confirm the risk assessment for birds, mammals and non-target arthropods. They shall ensure that the notifier at whose request formetanate has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive. |
||||||||||||||
|
154 |
Methiocarb CAS No 2032-65-7 CIPAC No 165 |
4-methylthio-3,5-xylyl methylcarbamate |
≥ 980 g/kg |
1 October 2007 |
30 September 2017 |
PART A Only uses as repellent in seed treatment, insecticide and molluscicide may be authorised. PART B In assessing applications to authorise plant protection products containing methiocarb for uses other than seed treatment in maize Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted. For the implementation of the uniform principles of Annex VI, the conclusions of the review report on methiocarb, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 September 2006 shall be taken into account. In this overall assessment Member States:
The Member States concerned shall request the submission of further studies to confirm the risk assessment for birds, mammals and non-target arthropods, as well as to confirm the toxicological assessment on metabolites potentially present in crops. They shall ensure that the notifier at whose request methiocarb has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.’ |
(1) Further details on identity and specification of active substance are provided in the review report.
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
Commission
|
8.2.2007 |
EN |
Official Journal of the European Union |
L 35/18 |
COMMISSION DECISION
of 2 February 2007
approving the 2007 technical action plan for the improvement of agricultural statistics
(notified under document number C(2006) 7081)
(2007/84/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 96/411/EC of 25 June 1996 on improving Community agricultural statistics (1), and in particular Article 4(1) and Article 6(2) thereof,
Whereas:
|
(1) |
In accordance with Decision 96/411/EC, the Commission establishes a technical action plan for agricultural statistics each year. |
|
(2) |
In accordance with Decision 96/411/EC, the Community contributes to the costs incurred by the Member States in making adaptations to national agricultural statistical systems or the costs of preparatory work for new or increasing needs which are part of a technical action plan. |
|
(3) |
It is essential to improve and develop statistical information on rural development for the implementation of the related Community policies. This is a main area of the annual action plan. |
|
(4) |
The measures provided for in this Decision are in line with the opinion of the Standing Committee of Agricultural Statistics, |
HAS ADOPTED THIS DECISION:
Article 1
The 2007 technical action plan for improving agricultural statistics (TAPAS 2007), as set out in the Annex, is approved under the condition that the budget appropriations will be available and that the budget 2007 will be adopted without modification.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 February 2007.
For the Commission
Joaquín ALMUNIA
Member of the Commission
(1) OJ L 162, 1.7.1996, p. 14. Decision as last amended by Decision 787/2004/EC of the European Parliament and of the Council (OJ L 138, 30.4.2004, p. 12).
ANNEX
2007 TECHNICAL ACTION PLAN FOR IMPROVING AGRICULTURAL STATISTICS (TAPAS 2007)
The measures covered by the 2007 technical action plan for improving agricultural statistics concerning the following areas:
|
(a) |
Rural development, |
|
(b) |
Organic farming. |
The Commission will make a financial contribution to projects developed as part of these measures which will not exceed the amounts shown in Table A for each Member State.
Table A
TECHNICAL ACTION PLAN 2007
Maximum financial contribution of the Community to expenditure incurred
|
(in EUR) |
|||
|
Countries |
Rural development |
Organic farming |
Total |
|
BE |
29 048 |
37 627 |
66 675 |
|
DK |
28 000 |
55 000 |
83 000 |
|
DE |
67 000 |
|
67 000 |
|
EE |
19 343 |
14 650 |
33 993 |
|
GR |
|
144 000 |
144 000 |
|
IT |
63 968 |
200 337 |
264 305 |
|
LT |
|
31 000 |
31 000 |
|
LV |
|
16 284 |
16 284 |
|
HU |
41 555 |
34 597 |
76 152 |
|
MT |
29 283 |
|
29 283 |
|
NL |
35 000 |
|
35 000 |
|
SK |
|
7 200 |
7 200 |
|
FI |
|
43 400 |
43 400 |
|
SE |
12 000 |
10 800 |
22 800 |
|
UK |
135 000 |
|
|
|
Total |
460 197 |
594 895 |
1 055 092 |
ACTIONS TO BE IMPLEMENTED UNDER THE 2007 TECHNICAL ACTION PLAN (TAPAS 2007)
1. INTRODUCTION
The purpose of Decision 96/411/EC is to ensure that Community agricultural statistics are better geared to meeting the information requirements arising from the reform of the common agricultural policy. To this end, the Member States are taking all the necessary steps to make the appropriate changes to their systems of agricultural statistics, due account being taken of the fields mentioned in Annex I and II of the Council Decision in question and of the objectives, characteristics and criteria set out in Annex III. The actions to be taken each year by the Member States in order to achieve these objectives are defined annually in technical action plans. These are drawn up by the Commission after the Standing Committee on Agricultural Statistics has delivered its opinion.
The Community makes a financial contribution to the expenditure incurred by each Member State in making changes to national systems or for preparatory work to meet new or growing needs to be carried out as part of the annual technical action plan. This contribution, which is of limited duration, aims to facilitate experimentation with the introduction, or consolidation, of collection methods and systems that meet the statistical information requirements set out in the technical action plan. Once the plan has been carried out, the Member States must be in a position to continue sending the Commission regular reports on the methods and systems introduced as part of the said plan.
The current decision to be adopted by the Commission is for the 2007 technical action plan.
The actions selected aim to ensure a certain number of developments in the areas of:
|
(a) |
Rural development, |
|
(b) |
Organic farming. |
Eurostat received in total 28 declarations of intention from MS for TAPAS 2007 actions.
Thirteen of them concern rural development statistics of which one was refused by Eurostat for technical reasons. Nine of them deal with the aspects of nutrient balances, three proposals deal with the internet infrastructure in rural areas, the estimation of prices on agricultural land and the assessment of unutilized forest growth in the framework of the economic accounts for forestry (EAF).
For the priority domain of organic farming Eurostat received 15 declarations of intention. Nine of these actions concern production, two proposals concern prices, four proposals concern economic and structural variables, data on the food chain, direct farm sales and the revision of the methodology of data collection system on organic farming.
Brief descriptions of the actions proposed for the 2007 technical action plan can be found in the following overview.
2. TAPAS 2007 — DESCRIPTIONS OF THE ACTIONS
(a) Rural development
BELGIUM
DENMARK
DENMARK
GERMANY
GERMANY
ESTONIA
ITALY
|
— |
Rural internet access: deployment and availability,
|
|
— |
Rural internet demographics: who is online?
|
|
— |
The activities rural internet users pursue,
|
|
— |
Rural attitudes towards the internet.
|
HUNGARY
MALTA
NETHERLANDS
SWEDEN
UNITED KINGDOM
b) Organic Farming
BELGIUM
DENMARK
DENMARK
DENMARK
ESTONIA
GREECE
ITALY
ITALY
ITALY
LATVIA
LITHUANIA
HUNGARY
SLOVAKIA
SWEDEN
FINLAND
|
8.2.2007 |
EN |
Official Journal of the European Union |
L 35/29 |
DECISION No 1/2007 OF THE EC-SWITZERLAND JOINT COMMITTEE
of 31 January 2007
replacing Tables III and IV(b) of Protocol 2
(2007/85/EC)
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Economic Community, of the one part, and the Swiss Confederation, of the other part, signed in Brussels on 22 July 1972, hereinafter referred to as ‘the Agreement’, as amended by the Agreement between the European Community and the Swiss Confederation amending the Agreement as regards the provisions applicable to processed agricultural products signed in Luxembourg on 26 October 2004, and its Protocol 2, and in particular Article 7 thereof,
Whereas:
|
(1) |
For the implementation of Protocol 2 to the Agreement, internal reference prices are fixed for the Contracting Parties by the Joint Committee. |
|
(2) |
Actual prices have changed on the domestic markets of the Contracting Parties as regards raw materials for which price compensation measures are applied. |
|
(3) |
It is therefore necessary to update the reference prices and amounts listed in Tables III and IV(b) to Protocol 2 accordingly. |
|
(4) |
The actual market has changed significantly compared to the last two years, a review on the representativity of the prices is foreseen in May 2007, |
HAS ADOPTED THIS DECISION:
Article 1
Table III and the table under Table IV(b) of Protocol 2 are replaced by the tables in Annex I and Annex II to this Decision.
Article 2
This decision shall enter into force on 1 February 2007.
Done at Brussels, 31 January 2007.
For the Joint Committee
The Chairman
Matthias BRINKMANN
ANNEX I
‘TABLE III
EC and Swiss domestic reference prices
|
(CHF/100 kg net) |
|||
|
Agricultural raw material |
Swiss domestic reference price |
EC domestic reference price |
Difference Swiss/EC reference price |
|
Common wheat |
51,36 |
23,54 |
27,80 |
|
Durum wheat |
34,12 |
28,22 |
5,90 |
|
Rye |
45,04 |
23,16 |
21,90 |
|
Barley |
27,61 |
20,78 |
6,85 |
|
Maize |
30,46 |
24,85 |
5,60 |
|
Common wheat flour |
95,50 |
48,26 |
47,25 |
|
Whole-milk powder |
653,33 |
354,29 |
299,05 |
|
Skimmed-milk powder |
457,33 |
304,39 |
152,95 |
|
Butter |
905,00 |
406,98 |
498,00 |
|
White sugar |
0,00 |
0,00 |
0,00 |
|
Eggs (1) |
255,00 |
205,50 |
49,50 |
|
Fresh potatoes |
42,00 |
21,00 |
21,00 |
|
Vegetable fat (2) |
390,00 |
160,00 |
230,00 |
(1) Derived from the prices for liquid birds’ eggs, not in shell multiplied with factor 0,85.
(2) Prices for vegetable fats (for the baking and food industry) with 100 % fat content.’
ANNEX II
‘TABLE IV
|
(b) |
The basic amounts for agricultural raw materials taken into account for the calculation of the agricultural components: |
|
(CHF/100 kg net) |
||
|
Agricultural raw material |
Applied basic amount as from the entry into force |
Applied basic amount as from three years after the entry into force |
|
Common wheat |
25,00 |
24,00 |
|
Durum wheat |
5,00 |
5,00 |
|
Rye |
20,00 |
19,00 |
|
Barley |
6,00 |
5,00 |
|
Maize |
5,00 |
5,00 |
|
Common wheat flour |
43,00 |
40,00 |
|
Whole milk powder |
269,00 |
254,00 |
|
Skimmed milk powder |
138,00 |
130,00 |
|
Butter |
473,00 |
448,00 |
|
White sugar |
0,00 |
0,00 |
|
Eggs |
36,00 |
36,00 |
|
Fresh potatoes |
19,00 |
18,00 |
|
Vegetable fat |
207,00 |
196,00 ’ |
III Acts adopted under the EU Treaty
ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
|
8.2.2007 |
EN |
Official Journal of the European Union |
L 35/32 |
COUNCIL COMMON POSITION 2007/86/CFSP
of 7 February 2007
extending and amending Common Position 2004/133/CFSP on restrictive measures against extremists in the former Yugoslav Republic of Macedonia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 15 thereof,
Whereas:
|
(1) |
On 10 February 2004, the Council adopted Common Position 2004/133/CFSP (1) on restrictive measures against extremists in the former Yugoslav Republic of Macedonia (FYROM). |
|
(2) |
Common Position 2004/133/CFSP was last amended, and extended until 9 February 2007, by Common Position 2006/50/CFSP (2) of 30 January 2006. |
|
(3) |
Following a review of Common Position 2004/133/CFSP, it is considered appropriate to extend its application for a further period of 12 months, as well as to update the list of persons contained in the Annex thereto, |
HAS ADOPTED THIS COMMON POSITION:
Article 1
Common Position 2004/133/CFSP is hereby extended until 9 February 2008.
Article 2
The Annex to Common Position 2004/133/CFSP shall be replaced by the text appearing in the Annex to this Common Position.
Article 3
This Common Position shall apply from 10 February 2007.
Article 4
This Common Position shall be published in the Official Journal of the European Union.
Done at Brussels, 7 February 2007.
For the Council
The President
F.-W. STEINMEIER
ANNEX
List of persons referred to in Article 1
|
‘Name: |
ADILI, Gafur |
|
Aka: |
Valdet Vardari |
|
Date of birth: |
5.1.1959 |
|
Place of birth/origin: |
Harandjell (Kičevo), the former Yugoslav Republic of Macedonia |
|
Name: |
ALIJA, Shukr |
|
Aka: |
|
|
Date of birth: |
6.11.1974 |
|
Place of birth/origin: |
Shterpce/Strpce, Serbia (Kosovo) or Ferizaj/Uroševac, Serbia (Kosovo) |
|
Name: |
BEQIRI, Idajet |
|
Aka: |
|
|
Date of birth: |
20.2.1951 |
|
Place of birth/origin: |
Mallakaster, Fier, Albania |
|
Name: |
BUTKA, Spiro |
|
Aka: |
Vigan Gradica |
|
Date of birth: |
29.5.1949 |
|
Place of birth/origin: |
Serbia (Kosovo) |
|
Name: |
HYSENI, Xhemail |
|
Aka: |
Xhimi Shea |
|
Date of birth: |
15.8.1958 |
|
Place of birth/origin: |
Lojane (Lipkovo), the former Yugoslav Republic of Macedonia |
|
Name: |
JAKUPI, Avdil |
|
Aka: |
Cakalla |
|
Date of birth: |
20.4.1974 |
|
Place of birth/origin: |
Tanuševci, the former Yugoslav Republic of Macedonia |
|
Name: |
JAKUPI, Lirim |
|
Aka: |
“Commander Nazi” |
|
Date of birth: |
1.8.1979 |
|
Place of birth/origin: |
Bujanovac, Serbia |
|
Name: |
KRASNIQI, Agim |
|
Aka: |
|
|
Date of birth: |
15.9.1979 |
|
Place of birth/origin: |
Kondovo, the former Yugoslav Republic of Macedonia |
|
Name: |
LIMANI, Fatmir |
|
Aka: |
|
|
Date of birth: |
14.1.1973 |
|
Place of birth/origin: |
Kičevo, the former Yugoslav Republic of Macedonia |
|
Name: |
MISIMI, Naser |
|
Aka: |
|
|
Date of birth: |
8.1.1959 |
|
Place of birth/origin: |
Mala Rečica (Tetovo), the former Yugoslav Republic of Macedonia |
|
Name: |
REXHEPI, Daut |
|
Aka: |
Leka |
|
Date of birth: |
6.1.1966 |
|
Place of birth/origin: |
Poroj, the former Yugoslav Republic of Macedonia |
|
Name: |
RUSHITI, Sait |
|
Aka: |
|
|
Date of birth: |
7.7.1966 |
|
Place of birth/origin: |
Tetovo, the former Yugoslav Republic of Macedonia |
|
Name: |
SHITI, Ramadan |
|
Aka: |
|
|
Date of birth: |
9.5.1983 |
|
Place of birth/origin: |
Dimce/Dimce (Kačanik), Serbia (Kosovo) |
|
Name: |
STOJKOV, Goran |
|
Aka: |
|
|
Date of birth: |
25.2.1970 |
|
Place of birth/origin: |
Strumica, the former Yugoslav Republic of Macedonia |
|
Name: |
SUMA, Emrush |
|
Aka: |
|
|
Date of birth: |
27.5.1974 |
|
Place of birth/origin: |
Dimce/Dimce (Kačanik), Serbia (Kosovo) |
|
Name: |
UKSHINI, Sami |
|
Aka: |
“Commander Sokoli (Falcon)” |
|
Date of birth: |
5.3.1963 |
|
Place of birth/origin: |
Gjakove/Djakovica, Serbia (Kosovo)’ |
|
8.2.2007 |
EN |
Official Journal of the European Union |
L 35/35 |
COUNCIL JOINT ACTION 2007/87/CFSP
of 7 February 2007
amending and extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the European Union, and in particular Articles 14, 18(5) and 23(2) thereof,
Whereas:
|
(1) |
On 30 January 2006, the Council adopted Joint Action 2006/49/CFSP (1) appointing Mr Christian Schwarz-Schilling as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. |
|
(2) |
On 25 July 2006, the Council adopted Joint Action 2006/523/CFSP (2) amending the mandate of the EUSR in Bosnia and Herzegovina. |
|
(3) |
On 7 June 2006, the Council approved the policy of the European Union on the security of personnel deployed outside the European Union in an operational capacity under Title V of the Treaty. |
|
(4) |
On the basis of a review of Joint Action 2006/49/CFSP, the mandate of the EUSR should be amended and extended for an additional four months until 30 June 2007. |
|
(5) |
The EUSR's mandate should be implemented in coordination with the Commission in order to ensure consistency with other relevant activities falling within Community competence. |
|
(6) |
The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty, |
HAS ADOPTED THIS JOINT ACTION:
Article 1
European Union Special Representative
The mandate of Mr Christian Schwarz-Schilling as the European Union Special Representative (EUSR) in Bosnia and Herzegovina (BiH) is hereby extended until 30 June 2007.
Article 2
Policy objectives
The mandate of the EUSR shall be based on the policy objectives of the EU in BiH. These centre around continued progress in the implementation of the General Framework Agreement for Peace (GFAP) in BiH, in accordance with the Office of the High Representative's Mission Implementation Plan, and in the Stabilisation and Association Process, with the aim of a stable, viable, peaceful and multiethnic BiH, cooperating peacefully with its neighbours and irreversibly on track towards EU membership.
Article 3
Mandate
In order to achieve the policy objectives of the EU in BiH, the mandate of the EUSR shall be to:
|
(a) |
offer the EU's advice and facilitation in the political process; |
|
(b) |
promote overall EU political coordination in BiH; |
|
(c) |
promote overall EU coordination of, and give local political direction to, EU efforts in tackling organised crime, without prejudice to the European Union Police Mission (EUPM)'s leading role in the coordination of policing aspects of these efforts and to the ALTHEA (EUFOR) military chain of command; |
|
(d) |
provide the EU Force Commander with local political advice, including with respect to the Integrated Police Unit style capability, on which the EUSR may draw, in agreement with the said Commander, without prejudice to the chain of command; |
|
(e) |
contribute to reinforcement of internal EU coordination and coherence in BiH, including through briefings to EU Heads of Mission and through participation in, or representation at, their regular meetings, through chairing a coordination group composed of all EU actors present in the field with a view to coordinating the implementation aspects of the EU's action, and through providing them with guidance on relations with the BiH authorities; |
|
(f) |
ensure consistency and coherence of EU action towards the public. The EUSR spokesperson shall be the main EU point of contact for BiH media on Common Foreign and Security Policy/European Security and Defence Policy (CFSP/ESDP) issues; |
|
(g) |
maintain an overview of the whole range of activities in the field of the rule of law and in this context provide the Secretary-General/High Representative (SG/HR) and the Commission with advice as necessary; |
|
(h) |
provide the Head of Mission of the EUPM with local political guidance as part of his wider responsibilities and his role in the chain of command for EUPM; |
|
(i) |
as part of the international community's and the BiH authorities' broader approach to the rule of law, and drawing upon the EUPM's provision of technical policing expertise and assistance in this respect, support the preparation and implementation of police restructuring; |
|
(j) |
provide support for a reinforced and more effective BiH criminal justice/police interface, in close liaison with EUPM; |
|
(k) |
as far as activities under Title VI of the Treaty, including Europol, and related Community activities are concerned, provide the SG/HR and the Commission with advice as necessary, and take part in the required local coordination; |
|
(l) |
with a view to coherence and possible synergies, continue to be consulted on priorities for Instrument of Pre-accession Assistance; |
|
(m) |
support planning for a reinforced EUSR office in the context of the closure of the Office of the High Representative (OHR), including advice on public information aspects of the transition, in close coordination with the Commission; |
|
(n) |
contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with EU human rights policy and EU Guidelines on Human Rights; |
|
(o) |
engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY); |
|
(p) |
provide political advice and facilitation in the process of constitutional reform. |
Article 4
Implementation of the mandate
1. The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the SG/HR. The EUSR shall be accountable to the Commission for all expenditure.
2. The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political input within the framework of the mandate.
Article 5
High Representative
The role of the EUSR shall not in any way prejudice the mandate of the High Representative in BiH, including his coordinating role with regard to all activities of all civilian organisations and agencies as set out in GFAP and subsequent Peace Implementation Council conclusions and declarations.
Article 6
Financing
1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March to 30 June 2007 shall be EUR 770 000.
2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union with the exception that any prefinancing shall not remain the property of the Community. Nationals of the host and neighbouring countries shall be allowed to tender for contracts.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The expenditure shall be eligible as from 1 March 2007.
4. The Presidency, Commission, and/or Member States, as appropriate, shall provide logistical support in the region.
Article 7
Constitution of the team
1. An EU dedicated staff projecting an EU identity shall be assigned to assist the EUSR to implement his mandate and contribute to the coherence, visibility and effectiveness of the overall EU action in BiH, in particular in political, politico-military and security affairs, and with regard to communication and media relations. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the SG/HR, and in full association with the Commission. The EUSR shall inform the Presidency and the Commission of the final composition of his team.
2. EU Member States and Institutions may propose the secondment of staff to work with the EUSR. The remuneration of staff who are seconded by an EU Member State or Institution to the EUSR shall be covered by the EU Member State or Institution concerned, respectively.
3. All A-type posts, which are not covered by secondment, shall be advertised as appropriate by the General Secretariat of the Council and also notified to EU Member States and Institutions in order to recruit the best-qualified applicants.
4. The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be defined with the parties. Member States and the Commission shall grant all necessary support to such effect.
Article 8
Security
1. The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's Security Regulations (3), in particular when managing EU classified information.
2. The EUSR shall, in accordance with the policy of the European Union on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:
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(i) |
establishing a mission-specific security plan based on Council Secretariat guidance, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, the management of security incidents and a mission contingency and evacuation plan; |
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(ii) |
ensuring that all personnel deployed outside the EU are covered by high risk insurance as required by the conditions in the mission area; |
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(iii) |
ensuring that all members of his team to be deployed outside the European Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the Council Secretariat; |
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(iv) |
ensuring that all agreed recommendations made following regular security assessments are implemented and providing the SG/HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports; |
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(v) |
ensuring, as necessary and within his responsibilities as part of the chain of command, that a coherent approach is taken with regard to the security of personnel across all EU elements present in a crisis management operation or operations in his geographical area of responsibility. |
Article 9
Reporting
As a rule, the EUSR shall report in person to the SG/HR and to the PSC and may report also to the relevant working group. Regular written reports shall be circulated to the SG/HR, the Council and the Commission. On the recommendation of the SG/HR and the PSC, the EUSR may report to the Council.
Article 10
Coordination
1. To ensure the consistency of the external action of the European Union, the activities of the EUSR shall be coordinated with those of the SG/HR, the Presidency and the Commission. The EUSR shall provide Member States' missions and Commission delegations with regular briefings. In the field, close liaison shall be maintained with the Presidency, the Commission and Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
2. In support of EU crisis management operations, the EUSR, with other EU actors present in the field, shall improve the dissemination and sharing of information by EU actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
Article 11
Review
The implementation of this Joint Action and its consistency with other contributions from the European Union to the region shall be kept under regular review. The EUSR shall present the SG/HR, the Council and the Commission with a comprehensive mandate implementation report by mid May 2007.
Article 12
Entry into force
This Joint Action shall enter into force on the day of its adoption.
Article 13
Publication
This Joint Action shall be published in the Official Journal of the European Union.
Done at Brussels, 7 February 2007.
For the Council
The President
F.-W. STEINMEIER
(1) OJ L 26, 31.1.2006, p. 21.
(2) OJ L 205, 27.7.2006, p. 30.
(3) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).