(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)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

Section E of Annex I to Regulation (EC) No 2003/2003 lists those types of inorganic micronutrient fertilisers which may be designated ‘EC fertiliser’ in accordance with Article 3 of that Regulation. The list includes a number of fertilisers in which the micronutrient is chemically combined with a chelating agent. A list of authorised chelating agents is provided in table E.3.1 of that Annex.

(2)

The specification of the fertiliser type in which the chelated micronutrient is iron allows the use of either a single authorised chelating agent, or of a mixture of them, provided that chelated fraction can be quantified by the method described in European Standard EN 13366, and the individual chelating agents in the mixture can be separately identified and quantified by EN 13368.

(3)

The provisions for iron micronutrient fertiliser containing chelated iron should be updated in three respects. First, to make clear that at least 50 % of the water-soluble iron must be chelated by the authorised chelating agents. Second, to specify that an authorised chelating agent can be mentioned on the fertiliser type designation only if it chelates at least 1 % of the water-soluble iron. Third, to generalise the reference to European Standards in order to allow the use of additional European Standards.

(4)

The chemical names of the authorised chelating agents listed in section E.3.1 of Annex I to Regulation (EC) No 2003/2003 are intended to distinguish between different isomers of the same substance in a descriptive way. As there are several different nomenclatures in common use in the scientific community for those substances, there is a risk of misidentification. In order to ensure unambiguous identification of the chelating agents, the corresponding CAS numbers (Chemical Abstracts Service of the American Chemical Society), which uniquely identify the different isomers of the chelating agents, should be provided for each entry of that Annex. It is therefore appropriate to delete three chelating agents isomers which cannot be unambiguously identified by a CAS number.

(5)

A more consistent nomenclature should be used for the chelating agents, and the statement according to which authorised chelating agents must also comply with other Community legislation should be made more precise.

(6)

Annex IV to Regulation (EC) No 2003/2003 provides detailed descriptions of the methods of analysis to be used to measure the nutrient content of EC fertilisers. Those descriptions need to be adjusted in order to have correct analysis values.

(7)

Regulation (EC) No 2003/2003 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 32 of Regulation (EC) No 2003/2003,

(1)

Article 18(2) of Regulation (EC) No 1260/2001 provides that when the amount of the base levy or the amount of the B levy is less than the maximum amount referred to in Articles 15(3) and (4) of that Regulation, revised where necessary in accordance with paragraph 5 of that Article, sugar manufacturers must pay beet sellers 60 % of the difference between the maximum amount of the levy in question and the amount of the base levy or the B levy actually charged. Article 9(1) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (3) which still applies to the production of the 2005/06 marketing year, provides that the aforementioned amounts to be paid shall be fixed at the same time as the production levies and in accordance with the same procedure.

(2)

Commission Regulation (EC) No 1296/2005 (4) of 5 August 2005 revising the maximum amount for the B production levy and amending the minimum price for B beet in the sugar sector for the 2005/06 marketing year increased the maximum amount of the B levy to 37,5 % of the intervention price for white sugar. Commission Regulation (EC) No 164/2007 (5) of 19 February 2007 fixing the amounts of production levies for the sugar sector for the 2005/06 marketing year fixed the base levy at 1,0022 % and did not fix a B levy. Due to these differences it is necessary, in accordance with Article 18(2) of Regulation (EC) No 1260/2001, to fix the amounts to be paid by sugar manufacturers to beet sellers per tonne of A and B standard quality beet.

(3)

The Management Committee for Sugar has not delivered an opinion within the time limit set by its Chairman,

(1)

Under Article 8 of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (3), which is to continue to apply to production in the 2005/06 marketing year, the basic production levy and the B levy together with, if required, the coefficient referred to in Article 16(2) of Regulation (EC) No 1260/2001 for sugar, isoglucose and inulin syrup are to be fixed before 15 February 2007 in respect of the 2005/06 marketing year.

(2)

For the 2005/06 marketing year, the estimate of the overall loss recorded in accordance with Article 15(1) and (2) of Regulation (EC) No 1260/2001 requires, in accordance with paragraph 3 of that Article, the adoption of the amount of 1,0022 % for the basic levy.

(3)

The overall loss recorded on the basis of the known data and pursuant to Article 15(1) and (2) of Regulation (EC) No 1260/2001 is fully covered by the proceeds from the basic levy. There is therefore no need to set a B levy or a coefficient establishing an additional levy for the 2005/06 marketing year.

(4)

The Management Committee for Sugar has not delivered an opinion within the time limit set by its Chairman,

(a)

EUR 6,333 per tonne of white sugar as the basic production levy on A sugar and B sugar;

(b)

EUR 2,810 per tonne of dry matter as the basic production levy on A isoglucose and B isoglucose;

(c)

EUR 6,333 per tonne of dry matter sugar/isoglucose equivalent as the basic production levy on A inulin syrup and B inulin syrup.

(1)

Operational requirements and the need to combat in an effective way organised forms of criminality through Europol, require that Montenegro be added to the list of third States with which the Director of Europol is authorised to start negotiations.

(2)

Council Decision of 27 March 2000 (5) should therefore be amended,

‘—

Montenegro’.

(1)

Directive 2002/99/EC lays down conditions to ensure that at all stages of the production, processing and distribution of products of animal origin within the Community do not cause any spread of diseases transmissible to animals. To this end it does not only list various disease-related treatments to inactivate the causative pathogen but first of all provides for the specific marking of such restricted products.

(2)

The Directive, however, also provides for the possibility to lay down specific rules for its application, including the establishment of a special identification mark required for meat not authorised for placing on the market for animal health reasons.

(3)

Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC, and in particular Article 23(1)(g) thereof, provides that poultry meat originating from holdings located in protection zones must not enter into intra-Community or international trade. For that reason such meat must, unless decided otherwise, bear the mark provided for in Annex II of Directive 2002/99/EC.

(4)

Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease (3) and in particular Article 9(2)(f)(i) and paragraph 4(c) requires that meat derived from poultry originating from protection or surveillance zones does not enter intra-Community and that it bears a mark which corresponds to the special identification mark provided for in Annex II of Directive 2002/99/EC.

(5)

Certain Member States have informed the Commission that that identification mark has been poorly accepted by operators and customers in the industry. Accordingly, it is appropriate to provide for an alternative identification mark that Member States may decide to apply, instead of the mark provided for in Annex II to Directive 2002/99/EC. However, in the interests of controls, it is important that Member States inform the Commission beforehand, if they decide to apply the alternative identification mark in case of an outbreak of avian influenza or Newcastle disease.

(6)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (4), provides for an identification mark to be applied to certain meat of animal origin intended for placing on the market.

(7)

Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (5), provides for the temporary use of national identification marks for products of animal origin intended for human consumption which may only be marketed in the territory of the Member State where they are produced.

(8)

The alternative identification mark provided for in this Decision should be clearly distinguishable from other identification marks to be applied to poultry meat in accordance with Regulations (EC) No 853/2004 or (EC) No 2076/2005.

(9)

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

(a)

the alternative identification mark, or

(b)

the national mark, if such those products have been produced in establishments in accordance with Article 4 of Regulation (EC) No 2076/2005.

(1)

Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be spread to other holdings, to wild birds and from one Member State to other Member States and third countries through the trade in live birds or their products.

(2)

Directive 2005/94/EC lays down Community measures to be applied in the event of an outbreak of avian influenza in poultry and other captive birds and in order to avoid the spread of that disease. Those measures include the establishment of protection zones and a prohibition on the transport of poultry meat in such zones.

(3)

Directive 2005/94/EC also provides for certain derogations from that prohibition, subject to certain conditions. Those conditions include inter alia that such meat must not enter into intra-Community or international trade and must bear the mark provided for in Annex II to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (4), unless otherwise decided as provided for in that Directive.

(4)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (5), provides for an identification mark to be applied to certain meat of animal origin.

(5)

Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (6), provides for the temporarily use of national marks for food of animal origin which may only be marketed in the territory of the Member State where they are produced.

(6)

In addition, Commission Decision 2006/415/EC (7) provides for certain restrictions to be applied in areas A and B, including a prohibition on the dispatch from those areas of products intended for human consumption derived from wild feathered game. However, that Decision provides for derogations from that restriction for the dispatch onto the national market of certain meat and meat products and preparations, subject to certain conditions which include the marking of such meat as provided for in Annex II to Directive 2002/99/EC.

(7)

Commission Decision 2006/416/EC of 14 June 2006 concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry or other captive birds in the Community (8) lays down certain transitional measures to be applied in the event of an outbreak of that disease. Those measures include the establishment of protection zones in the case of an outbreak of the disease and the application of certain restrictions in such zones, including a prohibition on the movement of poultry meat. However, that Decision also provides for derogations from that prohibition subject to certain conditions, including the marking of such meat as provided for in Annex II to Directive 2002/99/EC.

(8)

Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (9) lays down certain measures to be applied in the event of an outbreak of that disease in wild birds. Those measures include the establishment of control areas and the prohibition of the dispatch of meat and meat products and preparations from poultry and wild feathered game in such areas. However, that Decision also provides for derogations from that prohibition subject to certain conditions, including the marking of such meat with a mark in accordance with Annex II to Directive 2002/99/EC or a national mark established in accordance with Article 4 of Regulation (EC) No 2076/2005.

(9)

Commission Decision 2007/118/EC of 16 February 2007 laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC (10) provides for an alternative identification mark which may be used instead of the mark provided for in Annex II to Directive 2002/99/EC.

(10)

It is therefore appropriate to amend Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC in order to permit the use of that alternative identification mark.

(11)

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

‘(g)

the meat does not enter into intra-Community or international trade and is marked:

1.

Article 6(e) is replaced by the following:

2.

Article 11 is replaced by the following:

(1)

On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1). These measures expire on 20 February 2007.

(2)

In view of the situation in Zimbabwe, Common Position 2004/161/CFSP should be extended for a further period of 12 months.

(3)

The list of persons subject to the restrictive measures should be updated,

(1)

On 23 February 2004, the Council adopted Common Position 2004/179/CFSP (1) concerning restrictive measures, in the form of restrictions on admission, against the leadership of the Transnistrian region of the Republic of Moldova. These measures expire on 27 February 2007.

(2)

On the basis of a re-examination of Common Position 2004/179/CFSP, the restrictive measures should be renewed for a further period of 12 months.

(3)

Annex I to Common Position 2004/179/CFSP should be amended following changes in the functions of the persons covered by the restrictive measures,