12.8.2005

Official Journal of the European Union

L 210/1

COMMISSION REGULATION (EC) No 1313/2005

of 11 August 2005

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:

(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,

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 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

ANNEX

to Commission Regulation of 11 August 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	052	54,4
	096	18,0
	999	36,2
0707 00 05	052	44,5
0707 00 05	999	44,5
0709 90 70	052	47,7
0709 90 70	999	47,7
0805 50 10	382	66,8
	388	61,7
	524	62,7
	528	59,4
	999	62,7
0806 10 10	052	108,0
	204	57,3
	220	115,0
	624	180,9
	999	115,3
0808 10 80	388	77,7
	400	70,0
	404	81,8
	508	64,6
	512	55,9
	528	75,4
	720	62,2
	804	73,5
	999	70,1
0808 20 50	052	107,2
	388	74,4
	512	13,7
	528	37,8
	999	58,3
0809 30 10, 0809 30 90	052	106,2
0809 30 10, 0809 30 90	999	106,2
0809 40 05	508	43,6
	624	63,4
	999	53,5

(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of other origin’.

12.8.2005

Official Journal of the European Union

L 210/3

COMMISSION REGULATION (EC) No 1314/2005

of 11 August 2005

fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 12 August 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.

(3)	Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.

(5)	The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.

(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

The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 141, 24.6.1995, p. 12. Regulation as amended by Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).

(3) OJ 145, 27.6.1968, p. 12. Regulation as amended by Regulation (EC) No 1422/95.

ANNEX

Representative prices and additional duties for imports of molasses in the sugar sector applicable from 12 August 2005

(EUR)
CN code	Amount of the representative price in 100 kg net of the product in question	Amount of the additional duty in 100 kg net of the product in question	Amount of the duty to be applied to imports in 100 kg net of the product in question because of suspension as referred to in Article 5 of Regulation (EC) No 1422/95 (1)
1703 10 00 (2)	11,15	—	0
1703 90 00 (2)	11,72	—	0

(1) This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff duty fixed for these products.

(2) For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.

12.8.2005

Official Journal of the European Union

L 210/5

COMMISSION REGULATION (EC) No 1315/2005

of 11 August 2005

fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,

Whereas:

(1)	Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.

(3)

The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.

(4)	In special cases, the amount of the refund may be fixed by other legal instruments.

(5)	The refund must be fixed every two weeks. It may be altered in the intervening period.

(6)	The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(7)	The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.

(8)	To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.

(9)	In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.

(10)	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

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 214, 8.9.1995, p. 16.

ANNEX

REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 12 AUGUST 2005 (1)

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

S00

EUR/100 kg

36,10 (2)

1701 11 90 9910

S00

EUR/100 kg

36,10 (2)

1701 12 90 9100

S00

EUR/100 kg

36,10 (2)

1701 12 90 9910

S00

EUR/100 kg

36,10 (2)

1701 91 00 9000

S00

EUR/1 % of sucrose × 100 kg product net

0,3924

1701 99 10 9100

S00

EUR/100 kg

39,24

1701 99 10 9910

S00

EUR/100 kg

39,24

1701 99 10 9950

S00

EUR/100 kg

39,24

1701 99 90 9100

S00

EUR/1 % of sucrose × 100 kg of net product

0,3924

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are:

S00

all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, save for sugar incorporated in the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

(1) The amounts set out in this Annex are not applicable with effect from 1 February 2005 pusrsuant to Council Decision 2005/45/EC of 22 December 2004 concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (OJ L 23, 26.1.2005, p. 17).

(2) This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 %, the refund amount applicable shall be calculated in accordance with Article 28(4) of Regulation (EC) No 1260/2001.

12.8.2005

Official Journal of the European Union

L 210/8

COMMISSION REGULATION (EC) No 1317/2005

of 11 August 2005

opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons, table grapes and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular the third subparagraph of Article 35(3) thereof,

Whereas:

(1)	Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

(2)	Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(3)

Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned.

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

(5)	In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

(6)	The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

(7)	Tomatoes, oranges, lemons, table grapes and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

(8)	In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

(9)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

1. An invitation to tender for the allocation of A3 export licences is hereby opened. The products concerned, the tender submission period, the indicative refund rates and the scheduled quantities are laid down in the Annex hereto.

2. The licences issued in respect of food aid as referred to in Article 16 of Commission Regulation (EC) No 1291/2000 (4) shall not count against the eligible quantities in the Annex hereto.

3. Notwithstanding Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of the A3 licences shall be two months.

Article 2

This Regulation shall enter into force on 5 September 2005

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2) OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(3) OJ L 366, 24.12.1987, p. 1. Regulation, as last amended by Regulation (EC) No 558/2005 (OJ L 94, 13.4.2005, p. 22).

(4) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

ANNEX

Opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons, table grapes and apples)

Tender submission period: 5 to 6 September 2005

Product code (1)	Destination (2)	Indicative refund amount (EUR/t net)	Scheduled quantity (t)
0702 00 00 9100	F08	45	6 814
0805 10 20 9100	A00	48	14 243
0805 50 10 9100	A00	70	7 991
0806 10 10 9100	A00	33	28 025
0808 10 80 9100	F04, F09	46	40 335

(1) The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

(2) The ‘A’ series destination codes are defined in Annex II to Regulation (EEC) No 3846/87. The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). The other destinations are defined as follows:

F03

All destinations except Switzerland.

F04

Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay, Paraguay, Argentina, Mexico, Costa Rica.

F08

All destinations except Bulgaria.

F09

The following destinations:

—

Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia,

—	African countries and territories except South Africa,

—	destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11).

12.8.2005

Official Journal of the European Union

L 210/11

COMMISSION REGULATION (EC) No 1318/2005

of 11 August 2005

amending Annex II of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1) and in particular the second indent of Article 13,

Whereas:

(1)	In accordance with the procedure provided for in Article 7(4) of Regulation (EEC) No 2092/91, certain Member States have since 2002 submitted information in view of including certain products in Annex II to that Regulation.

(2)	Industrial lime, a by-product from vacuum salt production from brine found in mountains, is considered essential for specific soil-conditioning and nutrition requirements in some Member States and has been found not to have any harmful impact on the environment.

(3)	Calcium hydroxide has been found to be essential to control a fungal disease in fruit trees in certain climates. The control of this disease in organic production is difficult and requires the use of copper, the use of which can be reduced by applying calcium hydroxide.

(4)

Ethylene is already included in Part B of Annex II to Regulation (EEC) No 2092/91 as a substance of traditional use in organic farming. It has appeared appropriate to complete the conditions for use of that substance in order to cover, besides bananas, certain other fruits for which ethylene is needed in the production.

(5)	Annex II to Regulation (EEC) No 2092/91 should therefore be amended accordingly.

(6)	The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EEC) No 2092/91 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 198, 22.7.1991, p. 1. Regulation last amended by Commission Regulation (EC) No 2254/2004 (OJ L 385, 29.12.2004, p. 20).

ANNEX

Annex II to Regulation (EEC) No 2092/91 is amended as follows:

in the table to Part A ‘Fertilisers and soil conditioners’ the following entry is inserted after the entry ‘industrial lime from sugar production’:

Name

Description, compositional requirements, conditions for use

‘Industrial lime from vacuum salt production

By-product of the vacuum salt production from brine found in mountains

Need recognised by the inspection body or inspection authority’

in Part B ‘Pesticides’, point 1. ‘Products for plant protection’ is amended as follows:

(a)

in table IV ‘Other substances from traditional use in organic farming’, the entry concerning ‘ethylene’ is replaced by the following:

Name

Description, compositional requirements, conditions for use

‘(*) Ethylene

Degreening of bananas, kiwis and kakis; Flower induction of pineapple

Need recognised by the inspection body or inspection authority’

(b)

the following table V is added:

‘V. Other substances

Name

Description, compositional requirements, conditions for use

Calcium hydroxide

Fungicide

Only in fruit trees, including nurseries, to control Nectria galligena’

12.8.2005

Official Journal of the European Union

L 210/13

COMMISSION REGULATION (EC) No 1319/2005

of 11 August 2005

opening and providing for the administration of an autonomous tariff quota for preserved mushrooms from 1 October 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 paragraph of Article 41 thereof,

Whereas:

(1)	Commission Regulation (EC) No 1864/2004 (1) opens tariff quotas for preserved mushrooms imported from third countries and lays down rules for the administration thereof.

(2)

Regulation (EC) No 1864/2004 provides for transitional measures allowing importers from the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter the new Members States) to benefit from the quotas. The aim of those measures is to make a distinction between traditional importers and new importers in the new Member States, and to adjust the quantities to which licence applications presented by traditional importers from the new Member States can relate so that these importers can benefit from the system.

(3)

To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to their accession to the European Union, an autonomous and temporary import tariff quota should be opened for preserved mushrooms of the genus Agaricus falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30. That new tariff quota is in addition to the ones opened by Commission Regulations (EC) No 1076/2004 (2), (EC) No 1749/2004 (3), (EC) No 220/2005 (4) and (EC) No 1035/2005 (5).

(4)	The new quota should be transitional and may not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of the new Member States.

(5)	The Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. An autonomous tariff quota of 1 200 tonnes (drained net weight), bearing serial number 09.4075 (hereinafter the autonomous quota), shall be opened from 1 October 2005 for Community imports of preserved mushrooms of the genus Agaricus spp. falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30.

2. The ad valorem duty applicable to products imported under the autonomous quota shall be 12 % for products falling within CN code 0711 51 00 and 23 % for products falling within CN codes 2003 10 20 and 2003 10 30.

Article 2

Regulation (EC) No 1864/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation.

However, Articles 1, 5(2) and (5), 6(2), (3) and (4), 7, 8(2), 9 and 10 of Regulation (EC) No 1864/2004 shall not apply to the management of the autonomous quota.

Article 3

Import licences issued under the autonomous quota (hereinafter licences) shall be valid until 31 December 2005.

Box 24 of the licences shall show one of the entries listed in Annex I.

Article 4

1. Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.

Box 20 of the licences shall show one of the entries listed in Annex II.

2. Licence applications submitted by a single traditional importer may not relate to a quantity exceeding 9 % of the autonomous quota.

3. Licence applications submitted by a single new importer may not relate to a quantity exceeding 1 % of the autonomous quota.

Article 5

The autonomous quota shall be allocated as follows:

—	95 % to traditional importers,

—	5 % to new importers.

If the quantity allocated to one of the categories of importers is not used in full, the balance may be allocated to the other category.

Article 6

1. The Member States shall notify the Commission, on the seventh working day following that of the entry into force of this Regulation, of the quantities for which licence applications have been made.

2. Licences shall be issued on the 12th working day following that of the entry into force of this Regulation, unless the Commission has taken special measures under paragraph 3.

3. Where the Commission finds, on the basis of the information notified under paragraph 1, that licence applications exceed the quantities available for a category of importers under Article 5, it shall adopt, by means of a regulation, a single reduction percentage for the applications in question.

Article 7

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 325, 28.10.2004, p. 30.

(2) OJ L 203, 8.6.2004, p. 3.

(3) OJ L 312, 9.10.2004, p. 3.

(4) OJ L 39,11.2.2005, p. 11.

(5) OJ L 171, 2.7.2005, p. 15.

ANNEX I

Entries referred to in Article 3

—	:	in Spanish	:	Certificado expedido en virtud del Reglamento (CE) no 1319/2005 y válido únicamente hasta el 31 de diciembre de 2005
—	:	in Czech	:	licence vydaná na základě nařízení (ES) č. 1319/2005 a platná pouze do 31. prosince 2005
—	:	in Danish	:	licens udstedt i henhold til forordning (EF) nr. 1319/2005 og kun gyldig til den 31. december 2005
—	:	in German	:	Lizenz gemäß der Verordnung (EG) Nr. 1319/2005 erteilt und nur bis zum 31. Dezember 2005 gültig
—	:	in Estonian	:	määruse (EÜ) nr 1319/2005 kohaselt esitatud litsentsitaotlus kehtib ainult kuni 31. detsembrini 2005
—	:	in Greek	:	Πιστοποιητικά που εκδίδονται κατ’ εφαρμογήν του κανονισμού (ΕΚ) αριθ. 1319/2005 και ισχύουν έως τις 31 Δεκεμβρίου 2005
—	:	in English	:	licence issued under Regulation (EC) No 1319/2005 and valid only until 31 December 2005
—	:	in French	:	certificat émis au titre du règlement (CE) no 1319/2005 et valable seulement jusqu’au 31 décembre 2005
—	:	in Italian	:	Domanda di titolo presentata ai sensi del regolamento (CE) n. 1319/2005 e valida soltanto fino al 31 dicembre 2005
—	:	in Latvian	:	licence ir izsniegta saskaņā ar Regulu (EK) Nr. 1319/2005 un ir derīga tikai līdz 2005. gada 31. decembrim
—	:	in Lithuanian	:	licencija, išduota pagal Reglamento (EB) Nr. 1319/2005 nuostatas, galiojanti tik iki 2005 m. gruodžio 31 d.
—	:	in Hungarian	:	a 1319/2005/EK rendelet szerinti engedélykérelem, 2005. december 31-ig érvényes
—	:	in Dutch	:	overeenkomstig Verordening (EG) nr. 1319/2005 afgegeven certificaat dat slechts geldig is tot en met 31 december 2005
—	:	in Polish	:	pozwolenie wydane zgodnie z rozporządzeniem (WE) nr 1319/2005 i ważne wyłącznie do dnia 31 grudnia 2005 r.
—	:	in Portuguese	:	certificado emitido a título do Regulamento (CE) n.o 1319/2005 e eficaz somente até 31 de Dezembro de 2005
—	:	in Slovak	:	licencia vydaná na základe nariadenia (ES) č. 1319/2005 a platná len do 31. decembra 2005
—	:	in Slovene	:	dovoljenje, izdano v skladu z Uredbo (ES) št. 1319/2005 in veljavno samo do 31. decembra 2005
—	:	in Finnish	:	asetuksen (EY) N:o 1319/2005 mukainen todistus, joka on voimassa ainoastaan 31 päivään joulukuuta 2005
—	:	in Swedish	:	Licens utfärdad enligt förordning (EG) nr 1319/2005, giltig endast till och med den 31 december 2005

ANNEX II

Entries referred to in Article 4(1)

—	:	in Spanish	:	Solicitud de certificado presentada al amparo del Reglamento (CE) no 1319/2005
—	:	in Czech	:	žádost o licenci podaná na základě nařízení (ES) č. 1319/2005
—	:	in Danish	:	licensansøgning i henhold til forordning (EF) nr. 1319/2005
—	:	in German	:	Lizenzantrag gemäß der Verordnung (EG) Nr. 1319/2005
—	:	in Estonian	:	määruse (EÜ) nr 1319/2005 kohaselt esitatud litsentsitaotlus
—	:	in Greek	:	αίτηση χορήγησης πιστοποιητικού κατ’ εφαρμογήν του κανονισμού (ΕΚ) αριθ. 1319/2005
—	:	in English	:	licence application under Regulation (EC) No 1319/2005
—	:	in French	:	demande de certificat faite au titre du règlement (CE) no 1319/2005
—	:	in Italian	:	domanda di titolo presentata ai sensi del regolamento (CE) n. 1319/2005
—	:	in Latvian	:	licence pieprasīta saskaņā ar Regulu (EK) Nr. 1319/2005
—	:	in Lithuanian	:	prašymas išduoti licenciją pagal Reglamentą (EB) Nr. 1319/2005
—	:	in Hungarian	:	a 1319/2005/EK rendelet szerinti engedélykérelem
—	:	in Dutch	:	overeenkomstig Verordening (EG) nr. 1319/2005 ingediende certificaataanvraag
—	:	in Polish	:	wniosek o pozwolenie przedłożony zgodnie z rozporządzeniem (WE) nr 1319/2005
—	:	in Portuguese	:	pedido de certificado apresentado a título do Regulamento (CE) n.o 1319/2005
—	:	in Slovak	:	žiadosť o licenciu na základe nariadenia (ES) č. 1319/2005
—	:	in Slovene	:	dovoljenje, izdano v skladu z Uredbo (ES) št. 1319/2005
—	:	in Finnish	:	asetuksen (EY) N:o 1319/2005 mukainen todistushakemus
—	:	in Swedish	:	Licensansökan enligt förordning (EG) nr 1319/2005

12.8.2005

Official Journal of the European Union

L 210/17

COMMISSION REGULATION (EC) No 1320/2005

of 11 August 2005

opening and providing for the administration of an autonomous tariff quota for garlic from 1 October 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Whereas:

(1)	Commission Regulation (EC) No 565/2002 (1) establishes the method for managing tariff quotas and introduces a system of certificates of origin for garlic imported from third countries.

(2)

Commission Regulation (EC) No 228/2004 of 3 February 2004 laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2) adopts measures allowing importers from those countries (hereinafter the new Member States) to benefit from Regulation (EC) No 565/2002. The aim of those measures is to make a distinction between traditional importers and new importers in the new Member States, and to adapt the concept of the reference quantity so that those importers can benefit from the system.

(3)

To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to their accession to the European Union, an autonomous and temporary import tariff quota should be opened for fresh or chilled garlic falling within CN code 0703 20 00. That new quota is in addition to the ones opened by Commission Regulations (EC) No 1077/2004 (3), (EC) No 1743/2004 (4), (EC) No 218/2005 (5) and (EC) No 1034/2005 (6).

(4)	The new quota should be transitional and may not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of the new Member States.

(5)	The Management Committee for Fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. An autonomous tariff quota of 4 400 tonnes, bearing order number 09.4066 (hereinafter the autonomous quota), shall be opened from 1 October 2005 for Community imports of fresh or chilled garlic falling within CN code 0703 20 00.

2. The ad valorem duty applicable to products imported under the autonomous quota shall be 9,6 %.

Article 2

Regulations (EC) No 565/2002 and (EC) No 228/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation.

However, Articles 1, 5(5) and 6(1) of Regulation (EC) No 565/2002 shall not apply to the management of the autonomous quota.

Article 3

Import licences issued under the autonomous quota (hereinafter licences) shall be valid until 31 December 2005.

Box 24 of the licences shall show one of the entries listed in Annex I.

Article 4

1. Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.

Box 20 of the licences shall show one of the entries listed in Annex II.

2. Licence applications submitted by a single importer may not relate to a quantity exceeding 10 % of the autonomous quota.

Article 5

The autonomous quota shall be allocated as follows:

—	70 % to traditional importers,

—	30 % to new importers.

If the quantity allocated to one of the categories of importers is not used in full, the balance may be allocated to the other category.

Article 6

2. Licences shall be issued on the 12th working day following that of the entry into force of this Regulation, unless the Commission has taken special measures under paragraph 3.

3. If the Commission finds, on the basis of the information notified under paragraph 1, that licence applications exceed the quantities available for a category of importers under Article 5, it shall adopt, by means of a regulation, a single reduction percentage for the applications in question.

Article 7

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 86, 3.4.2002, p. 11. Regulation as amended by Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).

(2) OJ L 39, 11.2.2004, p. 10.

(3) OJ L 203, 8.6.2004, p. 7.

(4) OJ L 311, 8.10.2004, p. 19.

(5) OJ L 39, 11.2.2005, p. 5.

(6) OJ L 171, 2.7.2005, p. 11.

ANNEX I

Entries referred to in Article 3

—	:	in Spanish	:	Certificado expedido en virtud del Reglamento (CE) no 1320/2005 y válido únicamente hasta el 31 de diciembre de 2005
—	:	in Czech	:	licence vydaná na základě nařízení (ES) č. 1320/2005 a platná pouze do 31. prosince 2005
—	:	in Danish	:	licens udstedt i henhold til forordning (EF) nr. 1320/2005 og kun gyldig til den 31. december 2005
—	:	in German	:	Lizenz gemäß der Verordnung (EG) Nr. 1320/2005 erteilt und nur bis zum 31. Dezember 2005 gültig
—	:	in Estonian	:	määruse (EÜ) nr 1320/2005 kohaselt esitatud litsentsitaotlus kehtib ainult kuni 31. detsembrini 2005
—	:	in Greek	:	Πιστοποιητικά που εκδίδονται κατ’ εφαρμογήν του κανονισμού (ΕΚ) αριθ. 1320/2005 και ισχύουν έως τις 31 Δεκεμβρίου 2005
—	:	in English	:	licence issued under Regulation (EC) No 1320/2005 and valid only until 31 December 2005
—	:	in French	:	certificat émis au titre du règlement (CE) no 1320/2005 et valable seulement jusqu’au 31 décembre 2005
—	:	in Italian	:	Domanda di titolo presentata ai sensi del regolamento (CE) n. 1320/2005 e valida soltanto fino al 31 dicembre 2005
—	:	in Latvian	:	licence ir izsniegta saskaņā ar Regulu (EK) Nr. 1320/2005 un ir derīga tikai līdz 2005. gada 31. decembrim
—	:	in Lithuanian	:	licencija, išduota pagal Reglamento (EB) Nr. 1320/2005 nuostatas, galiojanti tik iki 2005 m. gruodžio 31 d.
—	:	in Hungarian	:	a 1320/2005/EK rendelet szerinti engedélykérelem, 2005. december 31-ig érvényes
—	:	in Dutch	:	overeenkomstig Verordening (EG) nr. 1320/2005 afgegeven certificaat dat slechts geldig is tot en met 31 december 2005
—	:	in Polish	:	pozwolenie wydane zgodnie z rozporządzeniem (WE) nr 1320/2005 i ważne wyłącznie do dnia 31 grudnia 2005 r.
—	:	in Portuguese	:	certificado emitido a título do Regulamento (CE) n.o 1320/2005 e eficaz somente até 31 de Dezembro de 2005
—	:	in Slovak	:	licencia vydaná na základe nariadenia (ES) č. 1320/2005 a platná len do 31. decembra 2005
—	:	in Slovene	:	dovoljenje, izdano v skladu z Uredbo (ES) št. 1320/2005 in veljavno samo do 31. decembra 2005
—	:	in Finnish	:	asetuksen (EY) N:o 1320/2005 mukainen todistus, joka on voimassa ainoastaan 31 päivään joulukuuta 2005
—	:	in Swedish	:	Licens utfärdad enligt förordning (EG) nr 1320/2005, giltig endast till och med den 31 december 2005

ANNEX II

Entries referred to in Article 4(1)

—	:	in Spanish	:	Solicitud de certificado presentada al amparo del Reglamento (CE) no 1320/2005
—	:	in Czech	:	žádost o licenci podaná na základě nařízení (ES) č. 1320/2005
—	:	in Danish	:	licensansøgning i henhold til forordning (EF) nr. 1320/2005
—	:	in German	:	Lizenzantrag gemäß der Verordnung (EG) Nr. 1320/2005
—	:	in Estonian	:	määruse (EÜ) nr 1320/2005 kohaselt esitatud litsentsitaotlus
—	:	in Greek	:	αίτηση χορήγησης πιστοποιητικού κατ’ εφαρμογήν του κανονισμού (ΕΚ) αριθ. 1320/2005
—	:	in English	:	licence application under Regulation (EC) No 1320/2005
—	:	in French	:	demande de certificat faite au titre du règlement (CE) no 1320/2005
—	:	in Italian	:	domanda di titolo presentata ai sensi del regolamento (CE) n. 1320/2005
—	:	in Latvian	:	licence pieprasīta saskaņā ar Regulu (EK) Nr. 1320/2005
—	:	in Lithuanian	:	prašymas išduoti licenciją pagal Reglamentą (EB) Nr. 1320/2005
—	:	in Hungarian	:	a 1320/2005/EK rendelet szerinti engedélykérelem
—	:	in Dutch	:	overeenkomstig Verordening (EG) nr. 1320/2005 ingediende certificaataanvraag
—	:	in Polish	:	wniosek o pozwolenie przedłożony zgodnie z rozporządzeniem (WE) nr 1320/2005
—	:	in Portuguese	:	pedido de certificado apresentado a título do Regulamento (CE) n.o 1320/2005
—	:	in Slovak	:	žiadosť o licenciu na základe nariadenia (ES) č. 1320/2005
—	:	in Slovene	:	dovoljenje, izdano v skladu z Uredbo (ES) št. 1320/2005
—	:	in Finnish	:	asetuksen (EY) N:o 1320/2005 mukainen todistushakemus
—	:	in Swedish	:	Licensansökan enligt förordning (EG) nr 1320/2005

12.8.2005

Official Journal of the European Union

L 210/23

COMMISSION REGULATION (EC) No 1323/2005

of 11 August 2005

amending the export refunds on syrups and certain other sugar sector products exported in the natural state, as fixed by Regulation (EC) No 1229/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the third indent of Article 27(5) thereof,

Whereas:

(1)	The refunds on syrups and certain other sugar products were fixed by Commission Regulation (EC) No 1229/2005 (2).

(2)	Since the information at present available to the Commission is different to that available to it at the time Regulation (EC) No 1229/2005 was adopted, these refunds should be amended,

HAS ADOPTED THIS REGULATION:

Article 1

The refunds to be granted on the products listed in Article 1(1)(d), (f) and (g), of Regulation (EC) No 1260/2001, fixed by Regulation (EC) No 1229/2005 for the marketing year 2005/06, are hereby amended and detailed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 199, 29.7.2005, p. 75.

ANNEX

AMENDED AMOUNTS FOR EXPORT REFUNDS ON SYRUPS AND CERTAIN OTHER SUGAR PRODUCTS EXPORTED WITHOUT FURTHER PROCESSING (1)

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 9100

S00

EUR/100 kg dry matter

39,24 (2)

1702 60 10 9000

S00

EUR/100 kg dry matter

39,24 (2)

1702 60 80 9100

S00

EUR/100 kg dry matter

74,56 (3)

1702 60 95 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,3924 (4)

1702 90 30 9000

S00

EUR/100 kg dry matter

39,24 (2)

1702 90 60 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,3924 (4)

1702 90 71 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,3924 (4)

1702 90 99 9900

S00

EUR/1 % sucrose × net 100 kg of product

0,3924 (4) (5)

2106 90 30 9000

S00

EUR/100 kg dry matter

39,24 (2)

2106 90 59 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,3924 (4)

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are defined as follows:

S00

all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, except for sugar incorporated into the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

(2) Applicable only to products referred to in Article 5 of Regulation (EC) No 2135/95.

(3) Applicable only to products referred to in Article 6 of Regulation (EC) No 2135/95.

(4) The basic amount is not applicable to syrups which are less than 85 % pure (Regulation (EC) No 2135/95). Sucrose content is determined in accordance with Article 3 of Regulation (EC) No 2135/95.

(5) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC) No 3513/92 (OJ L 355, 5.12.1992, p. 12).

12.8.2005

Official Journal of the European Union

L 210/25

COMMISSION REGULATION (EC) No 1324/2005

of 11 August 2005

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,

Whereas:

(1)	The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties have been amended by Regulation (EC) No 1274/2005 (4).

(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 1423/95,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 141, 24.6.1995, p. 16. Regulation as last amended by Regulation (EC) No 624/98 (OJ L 85, 20.3.1998, p. 5).

(3) OJ L 170, 1.7.2005, p. 35.

(4) OJ L 201, 2.8.2005, p. 44.

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 12 August 2005

(EUR)
CN code	Representative price per 100 kg of the product concerned	Additional duty per 100 kg of the product concerned
1701 11 10 (1)	21,62	5,49
1701 11 90 (1)	21,62	10,81
1701 12 10 (1)	21,62	5,30
1701 12 90 (1)	21,62	10,29
1701 91 00 (2)	26,19	12,14
1701 99 10 (2)	26,19	7,62
1701 99 90 (2)	26,19	7,62
1702 90 99 (3)	0,26	0,39

(1) Fixed for the standard quality defined in Annex I.II to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(2) Fixed for the standard quality defined in Annex I.I to Regulation (EC) No 1260/2001.

(3) Fixed per 1 % sucrose content.

12.8.2005

Official Journal of the European Union

L 210/29

COMMISSION REGULATION (EC) No 1326/2005

of 11 August 2005

fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1 of Regulation (EC) No 1784/2003 or in Article 1 of Regulation (EC) No 1785/2003, and 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 respectively, shall be fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Günter VERHEUGEN

Vice-President

(1) OJ L 270, 21.10.2003, p. 78.

(2) OJ L 270, 21.10.2003, p. 96.

(3) OJ L 172, 5.7.2005, p. 24.

(4) OJ L 275, 29.9.1987, p. 36.

(5) OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 1584/2004 (OJ L 280, 31.8.2004, p. 11).

ANNEX

Rates of the refunds applicable from 12 August 2005 to certain cereals and rice products exported in the form of goods not covered by Annex I to the Treaty (1)

(EUR/100 kg)
CN code	Description of products (2)	Rate of refund per 100 kg of basic product
CN code	Description of products (2)	In case of advance fixing of refunds	Other
1001 10 00	Durum wheat:
	– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America	—	—
	– in other cases	—	—
1001 90 99	Common wheat and meslin:
	– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America	—	—
	– in other cases:
	– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)	—	—
	– – where goods falling within subheading 2208 (4) are exported	—	—
	– – in other cases	—	—
1002 00 00	Rye	—	—
1003 00 90	Barley
	– where goods falling within subheading 2208 (4) are exported	—	—
	– in other cases	—	—
1004 00 00	Oats	—	—
1005 90 00	Maize (corn) used in the form of:
	– starch:
	– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)	2,925	3,516
	– – where goods falling within subheading 2208 (4) are exported	2,955	2,955
	– – in other cases	4,379	4,379
	– glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (5):
	– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)	1,830	2,421
	– – where goods falling within subheading 2208 (4) are exported	2,216	2,216
	– – in other cases	3,284	3,284
	– where goods falling within subheading 2208 (4) are exported	2,955	2,955
	– other (including unprocessed)	4,379	4,379
	Potato starch of CN code 1108 13 00 similar to a product obtained from processed maize:
	– where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)	2,325	2,912
	– where goods falling within subheading 2208 (4) are exported	2,955	2,955
	– in other cases	4,379	4,379
ex 1006 30	Wholly milled rice:
	– round grain	—	—
	– medium grain	—	—
	– long grain	—	—
1006 40 00	Broken rice	—	—
1007 00 90	Grain sorghum, other than hybrid for sowing	—	—

(1) The rates set out in this Annex are not applicable to exports to Bulgaria, with effect from 1 October 2004 and to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation or to the Principality of Liechtenstein with effect from 1 February 2005.

(2) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients set out in Annex V to Commission Regulation (EC) No 1043/2005 is applicable.

(3) The goods concerned fall under CN code 3505 10 50.

(4) Goods listed in Annex III to Regulation (EC) No 1784/2003 or referred to in Article 2 of Regulation (EEC) No 2825/93 (OJ L 258, 16.10.1993, p. 6).

(5) For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund relates only to the glucose syrup.

12.8.2005

Official Journal of the European Union

L 210/33

COMMISSION REGULATION (EC) No 1327/2005

of 11 August 2005

fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,

Whereas:

(1)	Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.

(2)	The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2).

(3)	Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.

(4)

In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.

(5)

In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.

(6)	The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.

(7)	The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.

(8)	It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.

(9)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

(2) OJ L 78, 31.3.1972, p. 1. Regulation as last amended by Regulation (EEC) No 2962/77 (OJ L 348, 30.12.1977, p. 53).

ANNEX

to the Commission Regulation of 11 August 2005 fixing the export refunds on olive oil

Product code	Destination	Unit of measurement	Amount of refund
1509 10 90 9100	A00	EUR/100 kg	0,00
1509 10 90 9900	A00	EUR/100 kg	0,00
1509 90 00 9100	A00	EUR/100 kg	0,00
1509 90 00 9900	A00	EUR/100 kg	0,00
1510 00 90 9100	A00	EUR/100 kg	0,00
1510 00 90 9900	A00	EUR/100 kg	0,00
NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended. The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

12.8.2005

Official Journal of the European Union

L 210/35

COMMISSION REGULATION (EC) Νo 1328/2005

of 11 August 2005

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof,

Whereas:

(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 4 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,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1 of Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.

(2) OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Commission Regulation (EC) No 1549/2004 (OJ L 280, 31.8.2004, p. 13).

(3) OJ L 147, 30.6.1995, p. 55. Regulation as last amended by Regulation (EC) No 2993/95 (OJ L 312, 23.12.1995, p. 25).

ANNEX

to Commission Regulation of 11 August 2005 fixing the export refunds on products processed from cereals and rice

Product code

Destination

Unit of measurement

Refunds

1102 20 10 9200 (1)

C10

EUR/t

61,31

1102 20 10 9400 (1)

C10

EUR/t

52,55

1102 20 90 9200 (1)

C10

EUR/t

52,55

1102 90 10 9100

C11

EUR/t

0,00

1102 90 10 9900

C11

EUR/t

0,00

1102 90 30 9100

C11

EUR/t

0,00

1103 19 40 9100

C10

EUR/t

0,00

1103 13 10 9100 (1)

C10

EUR/t

78,82

1103 13 10 9300 (1)

C10

EUR/t

61,31

1103 13 10 9500 (1)

C10

EUR/t

52,55

1103 13 90 9100 (1)

C10

EUR/t

52,55

1103 19 10 9000

C10

EUR/t

0,00

1103 19 30 9100

C10

EUR/t

0,00

1103 20 60 9000

C12

EUR/t

0,00

1103 20 20 9000

C11

EUR/t

0,00

1104 19 69 9100

C10

EUR/t

0,00

1104 12 90 9100

C10

EUR/t

0,00

1104 12 90 9300

C10

EUR/t

0,00

1104 19 10 9000

C10

EUR/t

0,00

1104 19 50 9110

C10

EUR/t

70,06

1104 19 50 9130

C10

EUR/t

56,93

1104 29 01 9100

C10

EUR/t

0,00

1104 29 03 9100

C10

EUR/t

0,00

1104 29 05 9100

C10

EUR/t

0,00

1104 29 05 9300

C10

EUR/t

0,00

1104 22 20 9100

C10

EUR/t

0,00

1104 22 30 9100

C10

EUR/t

0,00

1104 23 10 9100

C10

EUR/t

65,69

1104 23 10 9300

C10

EUR/t

50,36

1104 29 11 9000

C10

EUR/t

0,00

1104 29 51 9000

C10

EUR/t

0,00

1104 29 55 9000

C10

EUR/t

0,00

1104 30 10 9000

C10

EUR/t

0,00

1104 30 90 9000

C10

EUR/t

10,95

1107 10 11 9000

C13

EUR/t

0,00

1107 10 91 9000

C13

EUR/t

0,00

1108 11 00 9200

C10

EUR/t

0,00

1108 11 00 9300

C10

EUR/t

0,00

1108 12 00 9200

C10

EUR/t

70,06

1108 12 00 9300

C10

EUR/t

70,06

1108 13 00 9200

C10

EUR/t

70,06

1108 13 00 9300

C10

EUR/t

70,06

1108 19 10 9200

C10

EUR/t

0,00

1108 19 10 9300

C10

EUR/t

0,00

1109 00 00 9100

C10

EUR/t

0,00

1702 30 51 9000 (2)

C10

EUR/t

68,64

1702 30 59 9000 (2)

C10

EUR/t

52,55

1702 30 91 9000

C10

EUR/t

68,64

1702 30 99 9000

C10

EUR/t

52,55

1702 40 90 9000

C10

EUR/t

52,55

1702 90 50 9100

C10

EUR/t

68,64

1702 90 50 9900

C10

EUR/t

52,55

1702 90 75 9000

C10

EUR/t

71,93

1702 90 79 9000

C10

EUR/t

49,92

2106 90 55 9000

C10

EUR/t

52,55

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are as follows:

C10	:	All destinations
C11	:	All destinations except for Bulgaria
C12	:	All destinations except for Romania
C13	:	All destinations except for Bulgaria and Romania

(1) No refund shall be granted on products given a heat treatment resulting in pregelatinisation of the starch.

(2) Refunds are granted in accordance with Council Regulation (EEC) No 2730/75 (OJ L 281, 1.11.1975, p. 20), as amended.

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are as follows:

C10	:	All destinations
C11	:	All destinations except for Bulgaria
C12	:	All destinations except for Romania
C13	:	All destinations except for Bulgaria and Romania

12.8.2005

Official Journal of the European Union

L 210/41

COMMISSION DIRECTIVE 2005/50/EC

of 11 August 2005

on the reclassification of hip, knee and shoulder joint replacements in the framework of Council Directive 93/42/EEC concerning medical devices

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (1), and in particular Article 13(1)(b) thereof,

Having regard to the request submitted by France and the United Kingdom,

Whereas:

(1)	On the basis of the classification rules set out in Annex IX to Directive 93/42/EEC, total joint replacements are class IIb medical devices.

(2)

France and the United Kingdom requested the classification of total joint replacements as class III medical devices by way of derogation from the provisions of Annex IX to Directive 93/42/EEC, in order to ensure an appropriate conformity assessment of total joint replacements before their placing on the market.

(3)	Conformity assessment is based on a number of elements such as a proper classification, the designation and monitoring of the notified bodies and the proper implementation of the conformity assessment modules as described in Directive 93/42/EEC.

(4)

Reclassification by derogation to the classification rules set out in Annex IX to Directive 93/42/EEC is indicated where the shortcomings identified due to the specific characteristics of a product will be more properly addressed under the conformity assessment procedures corresponding to the new category.

(5)	Hip, knee and shoulder replacements should be distinguished from other total joint replacements, due to the particular complexity of the joint function to be restored and the consequent increased risk of failure due to the device itself.

(6)	In particular, hip and knee replacements are weight-bearing and extremely sophisticated implants, for which the risk of revision surgery is significantly greater than for other joints.

(7)	Shoulder implants are a more recent technique, which are subject to similar dynamic forces; their possible replacement is in principle connected with serious medical problems.

(8)	Furthermore, hip, knee and shoulder replacement surgery is increasingly taking place on young people with a high life expectancy; consequently, the need for such implants to function properly over the life expectancy of the patients and to reduce revision surgery and its risks has been increased.

(9)

Specific clinical data, including long term performance data are not always available for hip, knee and shoulder replacements before they are placed on the market and put into service; consequently, conclusions on clinical data collected by the manufacturer in the framework of the evaluation of the conformity of these products with the requirements concerning their characteristics and performance referred to in Sections 1 and 3 of Annex I to Directive 93/42/EEC should be subject to particular attention and examination in order to verify the appropriateness of the clinical data available.

(10)

Total joint replacements can be subject to multiple modifications following their introduction into clinical use and placing on the market, as shown by hip and knee replacements on the market. However, experience has shown that what appear at first sight to be minor post-marketing changes to the design of previously trouble-free replacements can lead to serious problems due to unintended consequences, which may lead to early failure and major safety concerns.

(11)

In order to achieve the optimal level of safety and health protection and to reduce the design related problems to the lowest level, the design dossier of hip, knee and shoulder replacements, including the clinical data used by the manufacturer to support the claimed performance and the subsequent post-marketing design and manufacturing changes should be examined in detail by the notified body before these devices are introduced in general clinical use.

(12)	Consequently, the notified body should, under the full quality assurance system, effectively carry out an examination of the design dossier and of the changes to the approved design in accordance with point 4 of Annex II to Directive 93/42/EEC.

(13)	For these reasons, it is necessary to proceed to the reclassification of hip, knee and shoulder total joint replacements as class III medical devices.

(14)

It is necessary to provide for an adequate transitional period for hip, knee and shoulder total joint replacements already assessed as class IIb medical devices under the full quality assurance system of Annex II to Directive 93/42/EEC, allowing for their complementary assessment under point 4 of Annex II to the Directive.

(15)

Hip, knee and shoulder total joint replacements already certified following the procedure relating to the EC type examination set out in Annex III to Directive 93/42/EEC, coupled with the procedure relating to the EC verification set out in Annex IV or the procedure relating to the EC declaration of conformity set out in Annex V to that Directive, are not affected by the present Directive as these certification schemes are the same for both class IIb and class III medical devices.

(16)

It is necessary to provide for an adequate transitional period for hip, knee and shoulder total joint replacements that have already been subject to the procedure relating to the EC type examination under Annex III to Directive 93/42/EEC coupled with the procedure relating to the EC declaration of conformity set out in Annex VI to that Directive, allowing for their assessment under Annex IV or Annex V to Directive 93/42/EEC.

(17)	The measures provided for in this Directive are in accordance with the opinion of the Committee on Medical Devices set up by Article 6(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices (2),

HAS ADOPTED THIS DIRECTIVE:

Article 1

By way of derogation from the rules set out in Annex IX to Directive 93/42/EEC, hip, knee and shoulder replacements shall be reclassified as medical devices falling within class III.

Article 2

For the purpose of this Directive, a hip, knee or shoulder replacement means an implantable component part of a total joint replacement system which is intended to provide a function similar to that of either a natural hip joint, a natural knee joint or a natural shoulder joint. Ancillary components (screws, wedges, plates and instruments) are excluded from this definition.

Article 3

1. Hip, knee and shoulder replacements that have been subject to a conformity assessment procedure pursuant to Article 11(3)(a) of Directive 93/42/EEC before 1 September 2007 shall be subject to a complementary conformity assessment under point 4 of Annex II to Directive 93/42/EEC leading to an EC design examination certificate before 1 September 2009. This provision does not preclude a manufacturer from submitting an application for conformity assessment based on Article 11(1)(b) of Directive 93/42/EEC.

2. Hip, knee and shoulder replacements that have been subject to a conformity assessment procedure pursuant to Article 11(3)(b)(iii) of Directive 93/42/EEC before 1 September 2007 may be subject to a conformity assessment as class III medical devices pursuant to Article 11(1)(b)(i) or (ii) before 1 September 2010. This provision does not preclude a manufacturer from submitting an application for conformity assessment based on Article 11(1)(a) of Directive 93/42/EEC.

3. Member States shall accept until 1 September 2009 the placing on the market and the putting into service of hip, knee and shoulder replacements covered by a Decision in accordance with Article 11(3)(a) of Directive 93/42/EEC issued before 1 September 2007.

4. Member States shall accept until 1 September 2010 the placing on the market of hip, knee and shoulder replacements which are covered by a Decision in accordance with Articles 11(3)(b)(iii) of Directive 93/42/EEC issued before 1 September 2007 and permit such total joint replacements to be put into service beyond that date.

Article 4

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 March 2007. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. Member States shall determine how such a reference is to be made.

Member States shall apply those provisions from 1 September 2007.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 5

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 11 August 2005.

For the Commission

Günter VERHEUGEN

Vice-President

(1) OJ L 169, 12.7.1993, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 189, 20.7.1990, p. 17. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council.

12.8.2005

Official Journal of the European Union

L 210/44

COMMISSION DECISION

of 8 August 2005

amending Decision 96/550/EC authorising methods for grading pig carcases in Finland

(notified under document number C(2005) 2995)

(Only the Finnish and Swedish texts are authentic)

(2005/611/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), and in particular Article 5(2) thereof,

Whereas:

(1)	By Commission Decision 96/550/EC (2), the use of two methods for grading pig carcases in Finland was authorised.

(2)

The Government of Finland has requested the Commission to authorise the application of new formulae for the calculation of the lean meat content of carcases in the framework of the existing grading methods and has submitted the details required in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3).

(3)	The examination of this request has revealed that the conditions for authorising the new formulae are fulfilled.

(4)	Decision 96/550/EC should therefore be amended accordingly.

(5)	The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 96/550/EC is hereby amended as follows:

Point 3 of Part 1 is replaced by the following:

‘3.

The lean content of the carcase shall be calculated according to the following formula:

= 56,713 – 0,271 • X1 – 0,620 • X2 + 0,258 • X3

Where:

	=	the estimated lean meat of the carcase;
X1	=	the thickness of back-fat (including rind) in mm measured at 8 cm off the midline of the carcase behind the last rib;
X2	=	the thickness of back-fat (including rind) in mm measured at 6 cm off the midline of the carcase between the third and fourth last rib;
X3	=	the thickness of muscle in mm measured at the same time and the same place as X2.

The formula shall be valid for carcases weighing between 51 and 120 kilograms.’

Point 3 of Part 2 is replaced by the following:

‘3.

The lean meat content of the carcase shall be calculated according to the following formula:

= 69,931 – 0,843 • X1

Where:

	=	the estimated lean meat of the carcase;
X1	=	the thickness of back-fat (including rind) in mm measured at 6 cm off the midline of the carcase between the third and fourth last rib.

The formula shall be valid for carcases weighing between 51 and 120 kilograms.’

Article 2

This Decision is addressed to the Republic of Finland.

Done at Brussels, 8 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 301, 20.11.1984, p. 1. Regulation as last amended by Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).

(2) OJ L 236, 18.9.1996, p. 47.

(3) OJ L 285, 25.10.1985, p. 39. Regulation as amended by Regulation (EC) No 3127/94 (OJ L 330, 21.12.1994, p. 43).

12.8.2005

Official Journal of the European Union

L 210/46

DECISION No 1/2005 OF THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE

of 12 July 2005

amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport

(2005/612/EC)

THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport, hereinafter referred to as ‘the Agreement’, and in particular Article 23(4) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

1. The following shall be inserted after point 4 (Air Safety) of the Annex to the Agreement:

‘5. Aviation Security

No 2320/2002

Regulation (EC) of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security, as amended by Regulation (EC) No 849/2004 of the European Parliament and of the Council of 29 April 2004.

(Articles 1-8, 10-13)’

2. The following shall be inserted after the inclusion referred to in Article 1(1) of the present Decision:

‘No 622/2003

Commission Regulation (EC) of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EC) No 68/2004 of 15 January 2004.’

3. The following shall be inserted after the inclusion referred to in Article 1(2) of the present Decision:

‘No 1217/2003

Commission Regulation (EC) of 4 July 2003 laying down common specifications for national civil aviation security quality control programmes.’

4. The following shall be inserted after the inclusion referred to in Article 1(3) of the present Decision:

‘No 1486/2003

Commission Regulation (EC) of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security.

(Articles 1-13, 15-18)’

5. The following shall be inserted after the inclusion referred to in Article 1(4) of the present Decision:

‘No 1138/2004

Commission Regulation (EC) of 21 June 2004 establishing a common definition of critical parts of security restricted areas of airports.’

Article 2

The numbering of point 5 (Others) of the Annex to the Agreement shall be changed to 6.

Article 3

This Decision shall be published in the Official Journal of the European Union, and the Official Compendium of Swiss Federal Law. It will enter into force on the first day of the second month following its adoption.

Done at Brussels, 12 July 2005.

For the Joint Committee

The Head of the Community Delegation

Daniel CALLEJA CRESPO

The Head of the Swiss Delegation

Raymond CRON

		ISSN 1725-2555
Official Journal of the European Union		L 210

English edition	Legislation	Volume 48 12 August 2005

Contents		I Acts whose publication is obligatory	page
		Commission Regulation (EC) No 1313/2005 of 11 August 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
		Commission Regulation (EC) No 1314/2005 of 11 August 2005 fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 12 August 2005	3
		Commission Regulation (EC) No 1315/2005 of 11 August 2005 fixing the export refunds on white sugar and raw sugar exported in its unaltered state	5
		Commission Regulation (EC) No 1316/2005 of 11 August 2005 fixing the maximum export refund for white sugar to certain third countries for the 2nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005	7
	*	Commission Regulation (EC) No 1317/2005 of 11 August 2005 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons, table grapes and apples)	8
	*	Commission Regulation (EC) No 1318/2005 of 11 August 2005 amending Annex II of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs	11
	*	Commission Regulation (EC) No 1319/2005 of 11 August 2005 opening and providing for the administration of an autonomous tariff quota for preserved mushrooms from 1 October 2005	13
	*	Commission Regulation (EC) No 1320/2005 of 11 August 2005 opening and providing for the administration of an autonomous tariff quota for garlic from 1 October 2005	17
	*	Commission Regulation (EC) No 1321/2005 of 11 August 2005 setting, for the 2004/05 marketing year, the storage aid for unprocessed dried grapes and unprocessed dried figs	21
	*	Commission Regulation (EC) No 1322/2005 of 11 August 2005 setting, for the 2005/06 marketing year, the buying-in price to be applied by storage agencies for unprocessed dried grapes and unprocessed dried figs	22
		Commission Regulation (EC) No 1323/2005 of 11 August 2005 amending the export refunds on syrups and certain other sugar sector products exported in the natural state, as fixed by Regulation (EC) No 1229/2005	23
		Commission Regulation (EC) No 1324/2005 of 11 August 2005 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year	25
		Commission Regulation (EC) No 1325/2005 of 11 August 2005 amending the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty	27
		Commission Regulation (EC) No 1326/2005 of 11 August 2005 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty	29
		Commission Regulation (EC) No 1327/2005 of 11 August 2005 fixing the export refunds on olive oil	33
		Commission Regulation (EC) Νo 1328/2005 of 11 August 2005 fixing the export refunds on products processed from cereals and rice	35
		Commission Regulation (EC) No 1329/2005 of 11 August 2005 fixing production refunds on cereals	38
		Commission Regulation (EC) No 1330/2005 of 11 August 2005 concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005	39
		Commission Regulation (EC) No 1331/2005 of 11 August 2005 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005	40
	*	Commission Directive 2005/50/EC of 11 August 2005 on the reclassification of hip, knee and shoulder joint replacements in the framework of Council Directive 93/42/EEC concerning medical devices ( 1 )	41

	II Acts whose publication is not obligatory
	Commission
*	Commission Decision of 8 August 2005 amending Decision 96/550/EC authorising methods for grading pig carcases in Finland (notified under document number C(2005) 2995)	44
*	Decision No 1/2005 of the Community/Switzerland Air Transport Committee of 12 July 2005 amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport	46

CN code	Description	Rate of refund in EUR/100 kg
		In case of advance fixing of refunds	Other
1701 99 10	white sugar	39,24	39,24