29.6.2007   

EN

Official Journal of the European Union

L 169/1

(1)

Council Regulation (EEC) No 2658/87 (1) established a goods nomenclature, hereinafter referred to as the ‘Combined Nomenclature’, and set out the conventional duty rates of the Common Customs Tariff.

(2)

By its Decision 2007/444/EC of 22 February 2007 concerning the conclusion of an Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations (2), the Council approved, on behalf of the Community, the Agreement with a view to closing negotiations initiated pursuant to Article XXIV:6 of GATT 1994.

(3)

Regulation (EEC) No 2658/87 should therefore be amended and supplemented accordingly,

29.6.2007   

EN

Official Journal of the European Union

L 169/5

(1)

For intervention operations for which a unit amount has not been set by market organisation rules, basic Community financing rules have been set by Regulation (EEC) No 1883/78 (2), in particular as to the method of establishing the amounts to be financed, the financing of expenditure resulting from tying up the funds needed for intervention purchasing, the valuation of stocks to be carried over from one year to another and the financing of expenditure resulting from the physical operations of storage.

(2)

Article 5 of Regulation (EEC) No 1883/78 provides that the interest charges incurred by Member States in mobilising the funds used to purchase public intervention products are to be financed by the Community at a uniform interest rate.

(3)

It may appear that in certain Member States the buying into public intervention of agricultural products can be financed only at interest rates which are substantially higher than the uniform interest rate.

(4)

Where, in such cases, the average interest rate, in the course of the third month following the reference period used for the establishment of the uniform interest rate by the Commission, is more than twice the uniform interest rate for a given Member State, provision should be made for a correcting mechanism to be applied. This average interest rate should nevertheless be partially borne by the Member State concerned in order to encourage it to seek the least costly financing method.

(5)

Regulation (EEC) No 1883/78 should therefore be amended accordingly.

(6)

This amendment to the rules should be carried out for the financial years 2007 and 2008 and should apply from the beginning of the current accounting year,

29.6.2007   

EN

Official Journal of the European Union

L 169/6

(1)

The measures concerning the common organisation of the market in cereals, as adopted under Regulation (EC) No 1784/2003 (2), comprise in the case of the internal market an intervention system, the main aim of which is to stabilise the markets and ensure a fair standard of living for the agricultural community in this sector.

(2)

The application of this system over the last two marketing years, 2004/2005 and 2005/2006 has had the effect of creating very substantial intervention stocks of maize which are proving particularly difficult to dispose of on the Community and international markets notably owing to their location. In addition, maize is a cereal which is not easy to preserve and which, by virtue of the gradual deterioration in its quality, becomes increasingly difficult to market the longer it is stored.

(3)

In the course of 2006, it was established that the intervention system as applied during the periods in question had not enabled the objectives which it pursues to be achieved, particularly as regards the position of maize producers in certain regions of the Community. Indeed, this system has become in those regions an alternative to the direct disposal of products on the market, despite the fact that the price actually received by these producers for the harvested maize has often been lower than the intervention price.

(4)

Under these circumstances, the safety net role which the intervention system was set up to fulfil has been distorted as far as maize is concerned, thus preventing production from being geared towards the needs of the market.

(5)

The maintenance of the intervention system as it stands entails the risk of increasing the intervention stocks of maize still further without bringing any benefits to the producers concerned.

(6)

It is therefore necessary to adopt appropriate measures to guarantee the proper functioning of the Community market in cereals. To this end, a ceiling on the quantities of maize eligible for intervention fixed at a maximum overall quantity for the Community of 1 500 000 tonnes and 700 000 tonnes for the 2007/2008 marketing year and the 2008/2009 marketing year, respectively, and a reduction of this quantity to 0 tonnes from the 2009/2010 marketing year, would appear to be the most appropriate measure taking into account the facts set out above and the outlets available to producers on the domestic and international market.

(7)

Regulation (EC) No 1784/2003 should therefore be amended accordingly,

29.6.2007   

EN

Official Journal of the European Union

L 169/8

(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,

29.6.2007   

EN

Official Journal of the European Union

L 169/10

(1)

Directive 91/414/EEC provides that on request, the inclusion of a substance can be renewed once or more for a period not exceeding 10 years.

(2)

The Commission has received a request from certain producers requesting a renewal for the seven active substances first included in Annex I of Directive 91/414/EEC.

(3)

A procedure should be provided for by which all interested producers have the right to inform the Commission of their interest in securing the inclusion of an active substance in Annex I to Directive 91/414/EEC

(4)

Producers wishing to secure the renewal of inclusion of active substances covered by this Regulation should be required to notify the relevant rapporteur Member State.

(5)

The names and addresses of the producers whose notification has been found admissible should be published by the Commission in order to ensure that contacts can be made for presenting joint dossiers.

(6)

The relationship between producers, Member States, the European Food Safety Authority, hereinafter the ‘Authority’, and the Commission and the obligation on each of the parties for the implementation of the procedure should be laid down.

(7)

Technical or scientific information about an active substance, in particular with regard to its potentially dangerous effects or its residues, submitted within the relevant time limits by any other interested parties should be taken into consideration in the evaluations.

(8)

The information submitted should include new data relevant to the active substance and new risk assessments to reflect any changes in data requirements under Annexes II and III to Directive 91/414/EEC, and any changes in scientific or technical knowledge since the active substance was first included in Annex I to Directive 91/414/EEC, as reflected in guidance documents from the Commission’s services and relevant opinions from the Scientific Committee on Plants (SCP) or the Authority. The range of uses submitted should reflect the representative use pattern. The producer should demonstrate, on the basis of the data submitted, that for one or more preparations the requirements of Directive 91/414/EEC in relation to the criteria referred to in its Article 5 can be met.

(9)

It should be established that rapporteur Member States should send reports of their evaluations to the Authority and the Commission as quickly as possible.

(10)

The assessment reports prepared by the rapporteur Member States may, where necessary, be the subject of an examination by experts of other Member States within a programme coordinated by the Authority before they are submitted to the Standing Committee on the Food Chain and Animal Health.

(11)

The rules on data protection under Article 13 of Directive 91/414/EEC are intended to provide an incentive to notifiers to assemble the detailed studies required under Annexes II and III to that Directive. However, data protection should not be extended artificially by the production of new studies which are not needed to decide on the renewal of an active substance. To this end, notifiers should be required to identify explicitly which studies are new compared to the original dossier used for the first inclusion of the substance in Annex I to Directive 91/414/EEC.

(12)

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

(a)

‘producer’ means the person who manufactures the active substance on his own or who contracts the manufacturing to another party or a person designated by the manufacturer as his sole representative for the purpose of compliance with this Regulation;

(b)

‘Committee’ means the Standing Committee on the Food Chain and Animal Health, referred to in Article 19 of the Directive 91/414/EEC;

(c)

‘Notifier’ has the meaning given by Article 4(1) of this Regulation;

(d)

‘Original dossier’, in relation to an active substance, means the dossier on the basis of which the active substance was included in Annex I to Directive 91/414/EEC.

(a)

a copy of the notification and, in the case of a joint notification in accordance with Article 4(2), the name of the person designated by the producers concerned as being responsible for the joint dossier and the processing of the dossier in accordance with this Regulation;

(b)

any new data compared to the original dossier relevant to the active substance and any new risk assessments to reflect changes in data requirements under Annexes II and III to Directive 91/414/EEC, or any changes in scientific and technical knowledge since the active substance concerned was first included in Annex I to Directive 91/414/EEC;

(c)

a checklist demonstrating that the dossier is complete, indicating which data are new.

(a)

a draft directive to renew the inclusion of the active substance concerned in Annex I to Directive 91/414/EEC, setting out, where appropriate, the conditions and restrictions, including the period, for such inclusion; or

(b)

a draft decision addressed to the Member States to withdraw the authorisations of plant protection products containing the active substance concerned, whereby the inclusion of that active substance in Annex I to Directive 91/414/EEC is not renewed, setting out the reasons for the non-inclusion.

(a)

require the payment of a fee corresponding as far as possible to their costs in carrying out all the different procedures associated with the evaluation for each submission of a dossier, whether introduced by one notifier or collectively by several interested notifiers;

(b)

ensure that the amount of the fee is established in a transparent manner with a view to corresponding to the real cost of the examination and administrative treatment of a notification and a dossier; however, Member States may provide for a scale of fixed charges based on average costs for the calculation of the total fee;

(c)

ensure that the fee is received in accordance with the instructions given by the authority in each Member State listed in Annex II and that the income from the fee is used to finance exclusively the costs actually incurred by the rapporteur Member State and co-rapporteur Member State for the evaluation and administrative treatment of the notifications and the dossiers for which that Member State is rapporteur or co-rapporteur Member State or to finance general actions for the implementation of its obligations as rapporteur Member State and co-rapporteur Member State.

29.6.2007   

EN

Official Journal of the European Union

L 169/19

(1)

Article 12 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2) provides for detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India.

(2)

These quantities were set, for the 2006/2007 delivery period, by Commission Regulation (EC) No 81/2007 of 29 January 2007 setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2006/2007 delivery period (3).

(3)

Article 7(1) and (2) of the ACP Protocol lays down rules for cases where an ACP State fails to deliver its agreed quantity.

(4)

The competent authorities of Congo, Côte d’Ivoire, Kenya, Madagascar, and Trinidad and Tobago informed the Commission that they will be unable to deliver their agreed quantities in full and that they do not wish to have an additional period for delivery.

(5)

After consultation with the ACP States concerned, a reallocation of the shortfall should therefore be carried out for delivery during the 2006/2007 delivery period.

(6)

Regulation (EC) No 81/2007 should therefore be repealed, and the delivery obligations for the 2006/2007 delivery period should be adjusted in accordance with Article 12(1) and (2)(c) of Regulation (EC) No 950/2006.

(7)

Paragraph 2 of Article 14 of Regulation (EC) No 950/2006 states that paragraph 1 of that Article shall not apply to a quantity reallocated in accordance with Article 7(1) or (2) of the ACP Protocol. The quantity reallocated pursuant to this Regulation should therefore be imported before 30 June 2007. However, due to the late decision of this reallocation and account being taken of the time allowed for applying for import licences, it will be impossible to respect this deadline. Therefore Article 14(1) of Regulation (EC) No 950/2006 should also apply to the quantity reallocated pursuant to this Regulation.

(8)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/22

(1)

According to Article 1(2) of Regulation (EC) No 318/2006, the marketing year for products in the sugar sector is the period from 1 October to 30 September. However, the marketing year 2006/2007 begins on 1 July 2006 and ends on 30 September 2007. Consequently, unlike a normal marketing year, it extends over 15 months rather than 12 months.

(2)

In view of the length of the marketing year 2006/2007, Article 9(2) of Commission Regulation (EC) No 493/2006 (2) provides for a transitional isoglucose quota so as to ensure an allocation which corresponds to that of the preceding marketing year.

(3)

A number of Member States allocate sugar quotas to undertakings specialising in the production of sugar by extraction from molasses. As in the case of isoglucose, this involves consistent levels of production throughout a given marketing year. However, in accordance with Article 7(2) of Regulation (EC) No 318/2006, the quantity allocated for the marketing year 2006/2007 is equal to the quantity allocated for the marketing year 2005/2006. In the interests of fairness to the isoglucose producers, these undertakings, too, should be allocated a transitional quota taking into account the length of the marketing year 2006/2007.

(4)

Regulation (EC) No 493/2006 should therefore be amended accordingly.

(5)

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

1.

the following paragraph 3a is inserted:

‘3a   For the marketing year 2006/2007, the Member States shall allocate to all undertakings that are in receipt of a sugar quota for the aforesaid marketing year, pursuant to Article 7(2) of Regulation (EC) No 318/2006, and that have used that quota exclusively to produce sugar by extraction from molasses, a transitional quota equal to 25 % of the said quota. This transitional quota may be used only for the production of sugar by extraction from molasses.’;

2.

in paragraph 4, the introductory words are replaced by the following:

‘The transitional quotas laid down in paragraphs 1, 2, 3 and 3a.’;

3.

paragraph 6 is replaced by the following paragraphs 6 and 7:

‘6.   Member States shall communicate the following information to the Commission:

7.   The Member States shall introduce a control system and shall take all the necessary steps to verify the production of the products referred to in paragraphs 1, 2, 3 and 3a, ensuring in particular that the sugar corresponds to sugar beet sown before 1 January 2006.

The Member States shall notify the Commission, before 31 December 2007, of the control measures taken and the results thereof.’

29.6.2007   

EN

Official Journal of the European Union

L 169/24

(1)

Commission Regulation (EC) No 1994/2006 (2) provides for the opening of Community tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2007.

(2)

The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area (3), as approved by Council Decision 2007/138/EC (4), provides for the granting of an additional annual tariff quota quantity of 500 tonnes (carcase weight) of fresh, chilled, frozen or smoked sheepmeat for Iceland. However, as the Agreement is applicable as from 1 March 2007, the annual quantity for 2007 should be adjusted accordingly.

(3)

The Agreement specifies that the opening of the tariff quota is to be made as from 1 July, on the basis of nine months for 2007. This Regulation should therefore apply as from 1 July 2007.

(4)

Regulation (EC) No 1994/2006 should be amended accordingly.

(5)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/27

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

However, in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

(5)

Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products.

(6)

Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

(7)

Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.

(8)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/30

(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 not to grant any refund for the tendering period ending on 26 June 2007.

(3)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/31

(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,

29.6.2007   

EN

Official Journal of the European Union

L 169/33

(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)(c), (d) and (g) 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 Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2).

(5)

Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished.

(6)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/35

(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 28 June 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,

29.6.2007   

EN

Official Journal of the European Union

L 169/36

(1)

Article 13 of Regulation (EC) No 1784/2003 and Article 14 of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.

(2)

Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

(3)

Article 2 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

(9)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/39

(1)

Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EC) No 1784/2003 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.

(3)

That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.

(4)

Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.

(5)

The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.

(6)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/41

(1)

Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (2) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.

(2)

The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.

(3)

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

(a)

EUR/tonne 0,00 for starch from maize, wheat, barley and oats;

(b)

EUR/tonne 0,00 for potato starch.

29.6.2007   

EN

Official Journal of the European Union

L 169/42

(1)

Article 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

(6)

Pursuant to Article 15(2) and (3) of Regulation (EC) No 1043/2005, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

(8)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/46

(1)

The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the delivery obligations for preferential sugar laid down under Article 12 of Regulation (EC) No 950/2006 bearing the serial numbers 09.4332, 09.4335, 09.4336, 09.4338, 09.4341, 09.4343, 09.4346 and 09.4351.

(2)

Under these circumstances, the Commission must indicate that the limits concerned are no longer reached,

29.6.2007   

EN

Official Journal of the European Union

L 169/47

(1)

Article 32(1) and (2) of Regulation (EC) No 318/2006 provides that the differences between the prices in international trade for the products listed in Article 1(1)(b), (c), (d) and (g) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex VII to that Regulation.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

Article 32(4) of Regulation (EC) No 318/2006 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing.

(5)

The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.

(6)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(7)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/49

(1)

By Commission Directive 2001/32/EC (2), certain Member States or certain areas in Member States were recognised as protected zones in respect of certain harmful organisms.

(2)

Denmark was recognised as a protected zone with respect to Cryphonectria parasitica (Murrill) Barr. Following the results of the relevant surveys carried out in Denmark, Denmark has submitted information showing that an adequate phytosanitary protection of Denmark against Cryphonectria parasitica (Murrill) Barr does not require maintaining the status of Denmark as a protected zone against that organism and requested its protected zone status against Cryphonectria parasitica (Murrill) Barr be withdrawn. Denmark should therefore no longer be recognised as a protected zone in respect of that harmful organism.

(3)

From information supplied by the Czech Republic, France and Italy, the Czech Republic, the regions of Champagne-Ardenne, Lorraine and Alsace in France and the region of Basilicata in Italy should be recognised as protected zones in respect of Grapevine flavescence dorée MLO, because this pathogen is not present there.

(4)

Directive 2001/32/EC should therefore be amended accordingly.

(5)

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

1.

in point (c)(01) ‘Denmark’ is deleted.

2.

the following point (d)(4) is added:

29.6.2007   

EN

Official Journal of the European Union

L 169/51

(1)

Directive 2000/29/EC lists organisms which are harmful to plants or plant products and provides for certain measures against their introduction into the Member States from other Member States or third countries. It also provides for the recognition of protected zones within the Community.

(2)

Denmark was recognised as a protected zone with respect to Cryphonectria parasitica (Murrill) Barr. Following the results of the relevant surveys carried out in Denmark, Denmark has submitted information showing that an adequate phytosanitary protection of Denmark against Cryphonectria parasitica (Murrill) Barr does not require maintaining the status of Denmark as a protected zone against that organism and requested its protected zone status against Cryphonectria parasitica (Murrill) Barr be withdrawn. Denmark should therefore no longer be recognised as a protected zone in respect of that harmful organism.

(3)

From information supplied by the Czech Republic, France and Italy respectively the Czech Republic, the regions of Champagne-Ardenne, Lorraine and Alsace in France and the region of Basilicata in Italy should be recognised as protected zones in respect of Grapevine flavescence dorée MLO, because this pathogen is not present there. Special requirements should therefore be laid down as regards the introduction into and the movement within the relevant protected zones of vine propagating material.

(4)

Annexes II, IV and V to Directive 2000/29/EC should therefore be amended accordingly.

(5)

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

29.6.2007   

EN

Official Journal of the European Union

L 169/53

(1)

On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade 1994 (GATT), in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(2)

Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

(3)

The Commission has finalised negotiations for an Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations. The Agreement should be approved.

(4)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

29.6.2007   

EN

Official Journal of the European Union

L 169/58

(1)

On 29 May 2006, the Council adopted Decision 2006/379/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2), and establishing an updated list of persons and entities to which that Regulation applies.

(2)

On 21 December 2006, the Council adopted Decision 2006/1008/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (3) adding certain other persons, groups and entities to the list of persons and entities to which that Regulation applies.

(3)

The Council has provided all the persons, groups and entities for which this was practically possible with statements of reasons explaining the reasons why they have been listed in Decisions 2006/379/EC and 2006/1008/EC.

(4)

By way of a notice published on 25 April 2007 (4), the Council informed the persons, groups and entities listed in Decisions 2006/379/EC and 2006/1008/EC that it intended to maintain them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request the Council's statement of reasons for including them on the list (where this had not already been communicated to them).

(5)

The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. In this regard, it has taken account of observations and documents submitted to the Council by certain persons, groups and entities concerned.

(6)

Following this review, the Council has concluded that the persons, groups and entities listed in the Annex to this Decision have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (5), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(7)

The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,

29.6.2007   

EN

Official Journal of the European Union

L 169/63

(1)

The European Community has stated goals in the energy sector of increasing security of supply and reaching a sustainable energy production and use, including reducing greenhouse gas emissions from its energy use and the biofuels policy of the European Community pursues these two objectives.

(2)

In the context of its international cooperation with international partners, the Commission is actively engaging in energy dialogues and other forms of cooperation on energy issues.

(3)

Brazil has initiated the International Biofuels Forum to promote the international market for sustainable biofuels and to exchange experience and build closer collaboration on standards and codes to facilitate trade in biofuels as well as to enhance collaboration in research. The International Biofuels Forum will in a first stage comprise six participants (the governments of Brazil, the United States, India, China, South Africa and the European Commission).

(4)

The President of Brazil in a letter to Commission President Barroso, dated 10 July 2006, has invited the Commission to join the International Biofuels Forum.

(5)

The Commission will through its participation be better able to coordinate relevant activities including research with those of other developed and developing nations.

(6)

The International Biofuels Forum itself does not run its own projects and does not require financial contributions to common budgets,

29.6.2007   

EN

Official Journal of the European Union

L 169/64

(1)

Pursuant to Article 6(9) of Directive 94/55/EC, Member States must give the Commission advance notification of their derogations for the first time by 31 December 2002 or up to two years after the last date of application of the amended versions of the Annexes to the Directive.

(2)

By Commission Decision 2005/263/EC of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Directive 94/55/EC with regard to the transport of dangerous goods by road (2), the Commission authorised Member States to adopt the derogations listed in Annexes I and II to that Decision.

(3)

Commission Directive 2006/89/EC adapted for the sixth time Annexes A and B to Directive 94/55/EC. By virtue of that Directive, Member States have to bring into force the necessary national legislation no later than 1 July 2007, as the last date of application referred to in Article 6(9) of Directive 94/55/EC is 30 June 2007.

(4)

Denmark, Finland, Ireland, Portugal and the United Kingdom notified the Commission by 31 December 2006 that they wished to adopt new derogations and to amend their existing derogations in Annexes I and II to Decision 2005/263/EC. The Commission has examined these notifications for compliance with the conditions laid down in Article 6(9) of Directive 94/55/EC and has approved them. Those Member States should therefore be authorised to adopt the derogations in question.

(5)

It is therefore necessary to amend the Annexes to Decision 2005/263/EC.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the transport of dangerous goods set up under Article 9 of Directive 94/55/EC,

1.

Annex I shall be amended as set out in Annex I to this Decision.

2.

Annex II shall be amended as set out in Annex II to this Decision.