24.12.2005

EN

Official Journal of the European Union

L 342/1

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COMMISSION REGULATION (EC) No 2141/2005

of 23 December 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 24 December 2005.

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(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

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24.12.2005

EN

Official Journal of the European Union

L 342/3

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COMMISSION REGULATION (EC) No 2142/2005

of 23 December 2005

fixing the corrective amount applicable to the refund on cereals

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 15(2) thereof,

Whereas:

(1)

Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(1)(c) of Regulation (EEC) No 1766/92 (3). That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

(3)	The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.

(4)	The corrective amount must be fixed at the same time as the refund and according to the same procedure; it may be altered in the period between fixings.

(5)	It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

(6)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2006.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(3)  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

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24.12.2005

EN

Official Journal of the European Union

L 342/5

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COMMISSION REGULATION (EC) No 2143/2005

of 23 December 2005

fixing the export refunds on malt

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,

Whereas:

(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)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

(3)	The refund applicable in the case of malts must be calculated with amount taken of the quantity of cereals required to manufacture the products in question. The said quantities are laid down in Regulation (EC) No 1501/95.

(4)	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.

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

(6)	It follows from applying these rules to the present situation on markets in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

(7)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on malt listed in Article 1(1)(c) of Regulation (EC) No 1784/2003 shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2006.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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24.12.2005

EN

Official Journal of the European Union

L 342/7

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COMMISSION REGULATION (EC) No 2144/2005

of 23 December 2005

fixing the corrective amount applicable to the refund on malt

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 organization of the market in cereals (1), and in particular Article 15(2),

Whereas:

(1)

Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2) allows for the fixing of a corrective amount for the malt referred to in Article 1(1)(c) of Regulation (EEC) No 1766/92 (3). That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

(3)	It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

(4)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 15(3) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance in respect of malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2006.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(3)  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

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24.12.2005

EN

Official Journal of the European Union

L 342/9

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COMMISSION REGULATION (EC) No 2145/2005

of 23 December 2005

fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid

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 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,

Whereas:

(1)

Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.

(2)	In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.

(3)	The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.

(4)	The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.

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

HAS ADOPTED THIS REGULATION:

Article 1

For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 1 January 2006.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

(3)  OJ L 288, 25.10.1974, p. 1.

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24.12.2005

EN

Official Journal of the European Union

L 342/11

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COMMISSION REGULATION (EC) No 2146/2005

of 23 December 2005

fixing the production refund on white sugar used in the chemical industry for the period from 1 to 31 January 2006

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 fifth indent of Article 7(5) thereof,

Whereas:

(1)

Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.

(2)

Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (2) provides that these refunds shall be determined according to the refund fixed for white sugar.

(3)	Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month.

(4)	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 production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 31,180 EUR/100 kg net for the period from 1 to 31 January 2006.

Article 2

This Regulation shall enter into force on 1 January 2006.

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(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 178, 30.6.2001, p. 63.

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24.12.2005

EN

Official Journal of the European Union

L 342/12

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COMMISSION REGULATION (EC) No 2147/2005

of 23 December 2005

fixing the export refunds on beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular Article 33, paragraph 3, third indent, thereof,

Whereas:

(1)	Article 33 of Regulation (EC) No 1254/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Commission Regulations (EEC) No 32/82 (2), (EEC) No 1964/82 (3), (EEC) No 2388/84 (4), (EEC) No 2973/79 (5) and (EC) No 2051/96 (6) lay down the conditions for granting special export refunds on certain cuts of beef and veal and certain preserved beef and veal products, and the conditions for granting of assistance concerning certain destinations.

(3)	The increasing shortage of beef and veal on the Community market has pushed prices significantly beyond the basic price as referred to in Article 26(1) of Regulation (EC) No 1254/1999, which represents the desired support level on the Community market.

(4)

There is increasing general public concern for the welfare of animals which are exported over particularly long distances and for which humane treatment cannot be completely ensured, in particular once they are delivered in third countries. As regards transport, although the conditions for transport of live animals are subject to massive substantive, procedural and control requirements that were reinforced in 2003 experience shows that the respect of animal welfare conditions is not always ensured. Moreover, animal welfare standards in the countries of destination are often lower than in the Community.

(5)

Exports of live animals for slaughter represent a lower value added for the Community and export refunds granted for the export of those animals imply higher costs for the monitoring and control of animal welfare conditions. Therefore, in order to ensure equilibrium and the natural development of prices and trade on the internal market, as well as the welfare of animals, exports of live animals for slaughter to third countries should no longer be encouraged by virtue of export refunds.

(6)	As to live animals for reproduction, in order to prevent any abuse, export refunds for pure-bred breeding animals should be limited to heifers and cows of no more than 30 months of age.

(7)	Commission Regulation (EC) No 2000/2005 of 7 December 2005 fixing the export refunds on beef and veal (7) should therefore be repealed.

(8)	In order to enable some Community beef and veal products to be disposed of on the international market, export refunds should be granted for certain destinations on some products under CN codes 0201, 0202 and 1602 50.

(9)	The uptake of export refunds for certain categories of beef and veal products proves to be insignificant. This is also the case with regard to the uptake for certain destinations very close to the Community territory. For such categories, export refunds should no longer be fixed.

(10)	The refunds provided for in this Regulation are set on the basis of the product codes as defined in the nomenclature adopted by Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (8).

(11)	The refunds on all frozen cuts should be in line with those on fresh or chilled cuts other than those from adult male bovine animals.

(12)

Checks on products covered by CN code 1602 50 should be stepped up by making the granting of refunds on these products conditional on manufacture under the arrangements provided for in Article 4 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (9).

(13)

Refunds should be granted only on products that are allowed to move freely in the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (10), Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (11) and Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations (12).

(14)	Pursuant to the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82, the special refund is to be reduced if the quantity of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.

(15)

The negotiations within the framework of the Europe Agreements between the European Community and Romania and Bulgaria aim in particular to liberalise trade in products covered by the common organisation of the market concerned. For these two countries export refunds should therefore be abolished. That abolition should not, however, lead to a differentiated refund for exports to other countries.

(16)	The Management Committee for Beef and Veal has not given an opinion within the time limit set by its President,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The list of products on which export refunds as referred to in Article 33 of Regulation (EC) No 1254/1999 are granted, and the amount thereof and the destinations, shall be as set out in the Annex to this Regulation.

2.   The products must meet the relevant health marking requirements of:

—	Chapter XI of Annex I to Directive 64/433/EEC,

—	Chapter VI of Annex B to Directive 77/99/EEC,

—	Chapter VI of Annex I to Directive 94/65/EC.

Article 2

In the case referred to in the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82 the rate of the refund on products falling within product code 0201 30 00 9100 shall be reduced by 10 EUR/100 kg.

Article 3

The fact that no export refund is set for Romania and Bulgaria shall not be deemed to constitute a differentiation of the refund.

Article 4

Regulation (EC) No 2000/2005 is repealed.

Article 5

This Regulation shall enter into force on 24 December 2005.

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(1)  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)  OJ L 4, 8.1.1982, p. 11. Regulation as last amended by Regulation (EC) No 744/2000 (OJ L 89, 11.4.2000, p. 3).

(3)  OJ L 212, 21.7.1982, p. 48. Regulation as last amended by Regulation (EC) No 2772/2000 (OJ L 321, 19.12.2000, p. 35).

(4)  OJ L 221, 18.8.1984, p. 28. Regulation as last amended by Regulation (EEC) No 3661/92 (OJ L 370, 19.12.1992, p. 16).

(5)  OJ L 336, 29.12.1979, p. 44. Regulation as last amended by Regulation (EEC) No 3434/87 (OJ L 327, 18.11.1987, p. 7).

(6)  OJ L 274, 26.10.1996, p. 18. Regulation as amended by Regulation (EC) No 2333/96 (OJ L 317, 6.12.1996, p. 13).

(7)  OJ L 320, 8.12.2005, p. 46.

(8)  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).

(9)  OJ L 62, 7.3.1980, p. 5. Regulation as last amended by Commission Regulation (EC) No 444/2003 (OJ L 67, 12.3.2003, p. 3).

(10)  OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by the 2003 Act of Accession.

(11)  OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(12)  OJ L 368, 31.12.1994, p. 10. Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

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24.12.2005

EN

Official Journal of the European Union

L 342/16

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COMMISSION REGULATION (EC) No 2148/2005

of 23 December 2005

determining the quantity of certain products in the milk and milk products sector available for the first half of 2006 under quotas opened by the Community on the basis of an import licence alone

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),

Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 16(2) thereof,

Whereas:

When import licences were allocated for the second half of 2005 for certain quotas referred to in Regulation (EC) No 2535/2001, applications for licences covered quantities less than those available for the products concerned. As a result, the quantity available for each quota for the period 1 January to 30 June 2006 should be fixed, taking account of the unallocated quantities resulting from Commission Regulation (EC) No 1255/2005 (3) determining the extent to which the applications for import licences submitted in July 2005 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities available for the period 1 January to 30 June 2006 for the second half of the year of importation of certain quotas referred to in Regulation (EC) No 2535/2001 shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 24 December 2005.

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(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)  OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 810/2004 (OJ L 149, 30.4.2004, corrected by OJ L 215, 16.6.2004, p. 104).

(3)  OJ L 200, 30.7.2005, p. 65.

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24.12.2005

EN

Official Journal of the European Union

L 342/19

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COMMISSION REGULATION (EC) No 2149/2005

of 23 December 2005

fixing the reduction coefficients to be applied to applications for import licences for bananas originating in the ACP countries for the months of January and February 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas (1),

Having regard to Commission Regulation (EC) No 2015/2005 of 9 December 2005 on imports during January and February 2006 of bananas originating in ACP countries under the tariff quota opened by Council Regulation (EC) No 1964/2005 on the tariff rates for bananas (2), and in particular Article 6(2) thereof,

Whereas:

(1)

The applications for import licences submitted in the Member States under Article 5 of Regulation (EC) No 2015/2005 and sent to the Commission in accordance with Article 6 of that Regulation exceed the available quantities fixed in Article 2 thereof, i.e. 135 000 tonnes and 25 000 tonnes for the operators referred to in Titles II and III respectively.

(2)	The reduction coefficients to be applied to each application should therefore be fixed,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A reduction coefficient of 22,039 % shall be applied to each import licence application submitted by the operators referred to in Title II of Regulation (EC) No 2015/2005 under the tariff subquota of 135 000 tonnes.

2.   A reduction coefficient of 1,294 % shall be applied to each import licence application submitted by the operators referred to in Title III of Regulation (EC) No 2015/2005 under the tariff subquota of 25 000 tonnes.

Article 2

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

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(1)  OJ L 316, 2.12.2005, p. 1.

(2)  OJ L 324, 10.12.2005, p. 5.

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24.12.2005

EN

Official Journal of the European Union

L 342/20

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COMMISSION REGULATION (EC) No 2150/2005

of 23 December 2005

laying down common rules for the flexible use of airspace

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the single European sky (1) and in particular Article 7(3) thereof,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

(1)

Flexible use of airspace is an airspace management concept described by the International Civil Aviation Organisation (ICAO) and developed by the European Organisation for the Safety of Aviation (Eurocontrol), according to which airspace should not be designated as either purely civil or purely military airspace, but should rather be considered as one continuum in which all users’ requirements have to be accommodated to the maximum extent possible.

(2)	Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to assist the Commission in the development of implementing rules on flexible use of airspace. This Regulation takes full account of the resulting mandate report of 30 December 2004 issued by Eurocontrol.

(3)	This Regulation does not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004.

(4)

The Member States undertook, in a Statement on Military Issues related to the Single European Sky (3), to cooperate with each other, taking into account national military requirements, in order to ensure that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace.

(5)

The report issued jointly by the Eurocontrol Performance Review Unit and the Eurocontrol agency in October 2001 states that there is a significant scope for improving the current application of the flexible use of airspace within Europe. Common rules for giving effect to that improvement should now be adopted.

(6)

The of the flexible use of airspace concept covers also airspace over the high seas. Its application should therefore be without prejudice to the rights and duties of Member States under the Convention on International Civil Aviation (Chicago Convention) of 7 December 1944 and its annexes, or to the 1982 UN Convention on the Law of the Sea.

(7)

There are activities which require the reservation of a volume of airspace for their exclusive or specific use for determined periods, owing to the characteristics of their flight profile or their hazardous attributes and the need to ensure effective and safe separation from non-participating air traffic.

(8)	Effective and harmonised application of flexible use of airspace throughout the Community needs clear and consistent rules for civil-military coordination which should take into account all users’ requirements and the nature of their various activities.

(9)	Efficient civil-military coordination procedures should rely on rules and standards to ensure efficient use of airspace by all users.

(10)	It is essential to further cooperation between neighbouring Member States and to take into account cross-border operations when applying the concept of flexible use of airspace.

(11)

Differences in the organisation of civil-military cooperation in the Community restrict uniform and timely airspace management. It is therefore essential to identify the persons and/or organisations which are responsible for the application of the flexible use of airspace concept in every Member State. This information should be made available to the Member States.

(12)	Consistent procedures for civil-military coordination and use of common airspace are an essential condition for the establishment of functional airspace blocks as defined in Regulation (EC) No 549/2004.

(13)	The flexible use of airspace addresses airspace management at strategic, pre-tactical and tactical levels, which are separate, but closely interdependent management functions and therefore need to be performed coherently to ensure efficient use of airspace.

(14)	Air-traffic management programmes under development in European level cooperation should allow for the progressive achievement of consistency between airspace management, air traffic flow management and air traffic services.

(15)	Where various aviation activities occur in the same airspace but meet different requirements, their coordination should seek both the safe conduct of flights and the optimum use of available airspace.

(16)	Accuracy of information on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations.

(17)	Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.

(18)	The regular assessment of airspace use is an important way of increasing confidence between civil and military service providers and users and is an essential tool for improving airspace design and airspace management.

(19)	The annual report on application of the flexible use of airspace, as referred to in Article 7(2) of Regulation (EC) No 551/2004, should contain relevant information, gathered in the light of the original objectives and with the sole view of better accommodating users’ requirements.

(20)	A transitional period to meet requirements for coordination between civil air traffic services units and military air traffic services units and/or controlling military units should be provided.

(21)	The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee established by Article 5(1) of Regulation (EC) No 549/2004,

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation reinforces and harmonises the application, within the Single European Sky, of the concept of the flexible use of airspace as defined in Article 2 point (22) of Regulation (EC) No 549/2004, in order to facilitate airspace management and air traffic management within the limits of the common transport policy.

In particular, this Regulation sets out rules to ensure better cooperation between civil and military entities responsible for air traffic management that operate in the airspace under the responsibility of Member States.

Article 2

Definitions

1.   For the purpose of this Regulation the definitions established by Regulation (EC) No 549/2004 shall apply.

2.   In addition to the definitions referred to in paragraph 1, the following definitions shall apply:

(a)	‘airspace management cell (AMC)’ means a cell responsible for the day-to-day management of the airspace under the responsibility of one or more Member States;

(b)	‘airspace reservation’ means a defined volume of airspace temporarily reserved for exclusive or specific use by categories of users;

(c)

‘airspace restriction’ means a defined volume of airspace within which, variously, activities dangerous to the flight of aircraft may be conducted at specified times (a ‘danger area’); or such airspace situated above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions (a ‘restricted area’); or airspace situated above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited (a ‘prohibited area’);

(d)	‘airspace structure’ means a specific volume of airspace designed to ensure the safe and optimal operation of aircraft;

(e)	‘air traffic services unit’ (ATS unit) means a unit, civil or military, responsible for providing air traffic services;

(f)	‘civil-military coordination’ means the coordination between civil and military parties authorised to make decisions and agree a course of action;

(g)	‘controlling military unit’ means any fixed or mobile military unit handling military air traffic and/or pursuing other activities which, owing to their specific nature, may require an airspace reservation or restriction;

(h)	‘cross-border airspace’ means an airspace structure extending across national borders and/or the boundaries of flight information regions;

(i)	‘flight intention’ means the flight path and associated flight data describing the planned trajectory of a flight to its destination, as updated at any moment;

(j)	‘flight path’ means the path of an aircraft through the air, defined in three dimensions;

(k)	‘real-time’ means the actual time during which a process or event occurs;

(l)	‘separation’ means spacing between aircraft, levels or tracks;

(m)	‘users’ means civil or military aircraft operating in the air as well as any other parties requiring airspace.

Article 3

Principles

The concept of ‘flexible use of airspace’ shall be governed by the following principles:

(a)

coordination between civil and military authorities shall be organised at the strategic, pre-tactical and tactical levels of airspace management through the establishment of agreements and procedures in order to increase safety and airspace capacity, and to improve the efficiency and flexibility of aircraft operations;

(b)	consistency between airspace management, air traffic flow management and air traffic services shall be established and maintained at the three levels of airspace management enumerated in point (a) in order to ensure, for the benefit of all users, efficiency in airspace planning, allocation and use;

(c)	the airspace reservation for exclusive or specific use of categories of users shall be of a temporary nature, applied only during limited periods of time based on actual use and released as soon as the activity having caused its establishment ceases;

(d)

Member States shall develop cooperation for the efficient and consistent application of the concept of flexible use of airspace across national borders and/or the boundaries of flight information regions, and shall in particular address cross-border activities; this cooperation shall cover all relevant legal, operational and technical issues;

(e)	air traffic services units and users shall make the best use of the available airspace.

Article 4

Strategic airspace management (level 1)

1.   Member States shall perform the following tasks:

(a)	ensure the overall application of the flexible use of airspace concept at a strategic, pre-tactical and tactical level;

(b)	regularly review users’ requirements;

(c)	approve the activities which require airspace reservation or restriction;

(d)	define temporary airspace structures and procedures to offer multiple airspace reservation and route options;

(e)	establish criteria and procedures providing for the creation and the use of adjustable lateral and vertical limits of the airspace required for accommodating diverse variations of flight paths and short-term changes of flights;

(f)	assess the national airspace structures and route network with the aim of planning for flexible airspace structures and procedures;

(g)	define the specific conditions under which the responsibility for separation between civil and military flights rests on the air traffic services units or controlling military units;

(h)	develop cross-border airspace use with neighbouring Member States where needed by the traffic flows and users’ activities;

(i)	coordinate their airspace management policy with those of neighbouring Member States to jointly address use of airspace across national borders and/or the boundaries of flight information regions;

(j)

establish and make available airspace structures to users in close cooperation and coordination with neighbouring Member States where the airspace structures concerned have a significant impact on the traffic across national borders and/or the boundaries of flight information regions, with a view to ensuring optimum use of airspace for all users throughout the Community;

(k)	establish with neighbouring Member States one common set of standards for separation between civil and military flights for cross-border activities;

(l)	set up consultation mechanisms between the persons or organisations as referred to in paragraph 3 and all relevant partners and organisations to ensure that users’ requirements are properly addressed;

(m)	assess and review airspace procedures and performance of flexible use of airspace operations;

(n)	establish mechanisms to archive data on the requests, allocation and actual use of airspace structures for further analysis and planning activities.

The conditions referred to in point (g) shall be documented and taken into account in the safety assessment referred to in Article 7.

2.   In those Member States where both civil and military authorities are responsible for or involved in airspace management, the tasks set out in paragraph 1 shall be performed through a joint civil-military process.

3.   Member States shall identify and notify to the Commission those persons or organisations which are responsible for the execution of tasks listed in paragraph 1. The Commission shall maintain and publish a list of all persons or organisations identified in order to further the cooperation between Member States.

Article 5

Pre-tactical airspace management (level 2)

1.   Member States shall appoint or establish an airspace management cell to allocate airspace in accordance with the conditions and procedures defined in Article 4(1).

In those Member States where both civil and military authorities are responsible for or involved in airspace management, this cell shall take the form of a joint civil military cell.

2.   Two or more Member States may establish a joint airspace management cell.

3.   Member States shall ensure that adequate supporting systems are put in place to enable the airspace management cell to manage airspace allocation and to communicate in good time the airspace availability to all affected users, airspace management cells, air traffic service providers and all relevant partners and organisations.

Article 6

Tactical airspace management (level 3)

1.   Member States shall ensure the establishment of civil-military coordination procedures and communication facilities between appropriate air traffic service units and controlling military units permitting mutual provision of airspace data to allow the real-time activation, deactivation or reallocation of the airspace allocated at pre-tactical level.

2.   Member States shall ensure that the relevant controlling military units and air traffic services units exchange any modification of the planned activation of airspace in a timely and effective manner and notify to all affected users the current status of the airspace.

3.   Member States shall ensure the establishment of coordination procedures and the establishment of supporting systems between air traffic service units and controlling military units in order to ensure safety when managing interactions between civil and military flights.

4.   Member States shall ensure that coordination procedures are established between civil and military air traffic service units so as to permit direct communication of relevant information to resolve specific traffic situations where civil and military controllers are providing services in the same airspace. This relevant information shall be made available, in particular where it is required for safety reasons, to civil and military controllers and controlling military units through a timely exchange of flight data, including the position and flight intention of the aircraft.

5.   Where cross-border activities take place, Member States shall ensure that a common set of procedures to manage specific traffic situations and to enhance real time airspace management is agreed between civil air traffic services units and military air traffic services units and/or controlling military units which are concerned by those activities.

Article 7

Safety assessment

Member States shall, in order to maintain or enhance existing safety levels, ensure that, within the context of a safety management process, a safety assessment, including hazard identification, risk assessment and mitigation, is conducted, before they introduce any changes to the operations of the flexible use of airspace.

Article 8

Reporting

When reporting annually on the application of the flexible use of airspace as referred to in Article 7(2) of Regulation (EC) No 551/2004, Member States shall provide the elements detailed in the Annex to this Regulation.

Article 9

Compliance monitoring

Member States shall monitor compliance with this Regulation by means of inspections, surveys and safety audits.

Article 10

Entry into force

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

Article 6 shall apply 12 months after the day of entry into force of this Regulation.

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(1)  OJ L 96, 31.3.2004, p. 20.

(2)  OJ L 96, 31.3.2004, p. 1.

(3)  OJ L 96, 31.3.2004, p. 9.

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24.12.2005

EN

Official Journal of the European Union

L 342/26

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COMMISSION REGULATION (EC) No 2151/2005

of 23 December 2005

laying down detailed rules for the opening and administration of the tariff quota for sugar products originating in the former Yugoslav Republic of Macedonia as provided for in the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2005/914/CE of 21 November 2005 on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community (1), and in particular Article 3 thereof,

Whereas:

(1)

The second subparagraph of Article 27(2) of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (2) (hereinafter referred to as ‘SAA’), lays down that the Community is to apply duty-free access on imports into the Community for products originating in the former Yugoslav Republic of Macedonia of headings 1701 and 1702 of the Combined Nomenclature within the limit of an annual tariff quota of 7 000 tonnes (net weight).

(2)	The SAA enters into force on 1 January 2006, therefore the quota should be opened and detailed rules of application should be in force as from 1 January 2006.

(3)

In order to ensure the respect of the quantity of 7 000 tonnes of the annual tariff quota, any positive tolerance on the quantities imported should be avoided whilst the rights deriving from import licences should not be transferable. It is therefore necessary to derogate from some provisions laid down in Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down detailed rules fro the application of the system of import and export licenses and advance fixing certificates for agricultural products (3).

(4)	To ensure efficient management of the imports within the annual tariff quota, measures need to be adopted making it possible for the Member States to keep records of the relevant data, and to report those data to the Commission.

(5)

To improve controls, imports of the products falling under the annual tariff quota should be monitored in accordance with Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4).

(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

1.   This Regulation lays down detailed rules of implementation for imports into the Community of products under headings 1701 and 1702 of the Combined Nomenclature originating in the former Yugoslav Republic of Macedonia covered by the annual duty-free tariff quota of 7 000 tonnes (net weight) referred to in the second subparagraph of Article 27(2) of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (hereinafter referred to as ‘SAA’).

2.   The quota referred to in paragraph 1 is opened as from 1 January 2006.

Article 2

1.   Imports referred to in Article 1 shall be subject to the production of an import licence which shall bear the quota order number 09.4327.

2.   Import licences provided for in paragraph 1 shall be issued in accordance with Commission Regulation (EC) No 1291/2000 and Commission Regulation (EC) No 1464/95 (5), save where this Regulation provides otherwise.

Article 3

For the purpose of this Regulation, the following definitions shall apply:

(a)	‘import period’ means the one-year-period from 1 January to 31 December;

(b)	‘working day’, a working day at the Commission offices in Brussels.

Article 4

1.   Import licence applications shall be lodged with the competent authorities of the Member States.

2.   Import licence applications shall be accompanied by the proof that the applicant has lodged a security of EUR 2 per 100 kilograms.

Article 5

Import licence applications and import licences shall show:

(a)	in section 8, ‘former Yugoslav Republic of Macedonia’, the word ‘yes’ being marked with a cross;

(b)	in section 20, one of the entries listed in the Annex.

Import licences shall be valid only for products originating in the former Yugoslav Republic of Macedonia.

Article 6

1.   Import licence applications may be presented each week from Monday to Friday. No later than the first working day of the following week Member States shall notify the Commission of the quantities of sugar products, broken down by eight-digit CN code, for which import licence applications have been presented during the preceding week.

2.   The Commission shall draw up a weekly total of the quantities for which import licence applications have been presented.

3.   Where licence applications for the tariff quota referred to in the second subparagraph of Article 27(2) of the SAA exceed the level of that quota, the Commission shall suspend the submission of further applications for that quota for the current import period, fix an allocation coefficient to be applied and shall inform the Member States that the limit concerned has been reached.

4.   Where, in application of measures adopted pursuant to paragraph 3, the quantity for which a licence is issued is less than the quantity applied for, the licence application may be withdrawn within three working days of the adoption of those measures. In the event of such a withdrawal the security shall be released immediately.

5.   Licences shall be issued on the third working day following the notification referred to in paragraph 1, subject to measures taken by the Commission pursuant to paragraph 3.

6.   Where, in application of measures adopted pursuant to paragraph 3, the quantity for which the import licence is issued is less than the quantity applied for, the amount of the security shall be reduced proportionately.

7.   Together with the notification referred to in paragraph 1, Member States shall notify the Commission of the quantities of sugar for which import licences have been issued pursuant to paragraph 5 or withdrawn pursuant to paragraph 4 as well as the quantities of sugar for which import licences have been returned unused or only partially used. Those notifications shall relate to information received from Monday to Friday of the preceding week.

8.   The notifications referred to in paragraphs 1 and 7 shall be effected by electronic means using forms communicated by the Commission to the Member States.

Article 7

Import licences shall be valid from their actual date of issue until the following 31 December.

Article 8

1.   By way of derogation from Article 8(4) of Regulation (EC) No 1291/2000, the quantity released into free circulation may not exceed the quantity indicated in sections 17 and 18 of the import licence. To that effect, the figure ‘0’ shall be entered in section 19 of the licence.

2.   By way of derogation from Article 9(1) of Regulation (EC) No 1291/2000, rights deriving from import licences shall not be transferable.

Article 9

At the request of the Commission, the Member States shall forward to the Commission details of the quantities of products admitted for free circulation under the annual tariff quota during the months specified by the Commission in accordance with Article 308d of Regulation (EEC) No 2454/93.

Article 10

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

It shall apply as from 1 January 2006.

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(1)  OJ L 333, 20.12.2005, p. 44.

(2)  OJ L 84, 20.3.2004, p. 13.

(3)  OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

(4)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

(5)  OJ L 144, 28.6.1995, p. 14. Regulation as last amended by Regulation (EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).

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24.12.2005

EN

Official Journal of the European Union

L 342/30

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COMMISSION REGULATION (EC) No 2152/2005

of 23 December 2005

amending Regulation (EC) No 327/98 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice and Regulation (EC) No 1549/2004 derogating from Council Regulation (EC) No 1785/2003 as regards the arrangements for importing rice and laying down separate transitional rules for imports of basmati rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Articles 10(2) and 11(4) thereof,

Having regard to Council Decision of 20 December 2005 on the conclusion of an agreement in the form of an exchange of letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (2), and in particular Article 2 thereof,

Whereas:

(1)

Decision of 20 December 2005 provides for the opening of a new global annual import quota of 13 500 tonnes of semi-milled or wholly milled rice falling within code 1006 30 at zero duty and an increase in the annual import quota for broken rice falling within code 1006 40 00 referred to in Article 1(1)(c) of Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3) to 100 000 tonnes.

(2)	Commission Regulation (EC) No 1549/2004 (4) derogates from Regulation (EC) No 1785/2003 as regards the arrangements for importing rice and lays down separate transitional rules for imports of basmati rice.

(3)	To improve the management of the quotas provided for by Regulation (EC) No 327/98, the quotas should be given individual serial numbers.

(4)

Decision of 20 December 2005 lays down detailed rules for calculating the rate of duty to be applied to imports into the Community of semi-milled or milled rice falling within CN code 1006 30, between 1 September 2005 and 30 June 2006. Appropriate measures should therefore be taken as regards the customs duties applicable to semi-milled or milled rice falling within CN code 1006 30 for the transitional period provided for.

(5)	Decision of 20 December 2005 also lays down that the rate of duty applicable to imports of broken rice falling within code 1006 40 00 is EUR 65 per tonne.

(6)

Given that the agreement approved by Decision of 20 December 2005 applies from 1 September 2005, provision should be made for the application from the same date of the provisions of this Regulation concerning the customs duties applicable to semi-milled and wholly milled rice and broken rice. Provision should also be made for the application, from 1 January 2006, of the new tariff quantities provided for in the agreement with Thailand and for increasing proportionately the quantities covered by the new global quota for semi-milled and wholly milled rice and that for broken rice to take account of the quantities corresponding to the period from 1 September 2005 to 31 December 2005.

(7)	Regulations (EC) Nos 327/98 and 1549/2004 should therefore be amended accordingly.

(8)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 327/98 is hereby amended as follows:

1.

Article 1 is replaced by the following: ‘Article 1 1.   Annual global tariff quotas, broken down by country of origin and by tranche in accordance with Annex IX, shall be opened on 1 January each year as follows: (a) 63 000 tonnes of wholly milled or semi-milled rice falling within CN code 1006 30 at zero duty; (b) 20 000 tonnes of husked rice falling within CN code 1006 20 at a duty of EUR 88 per tonne; (c) 100 000 tonnes of broken rice falling within CN code 1006 40 00 with a 30,77 % reduction in the duty fixed in Article 1d of Commission Regulation (EC) No 1549/2004 (5); (d) 13 500 tonnes of wholly milled or semi-milled rice falling within CN code 1006 30 at zero duty. 2.   For 2006, the quotas referred to in paragraph 1 and the tranches relating thereto shall be as set out in Annex X.

2.	Article 2 is amended as follows: (a) paragraphs 1, 2 and 2a are deleted; (b) in the second subparagraph of paragraph 3 ‘paragraph 1(c)’ is replaced by ‘Article 1(1)(c) and (d)’;

3.	Article 3 is amended as follows: (a) in the first subparagraph ‘Article 2’ is replaced by ‘Article 1(1)(a), (b) and (c)’; (b) in the third subparagraph ‘Article 2’ is replaced by ‘Articles 1 and 2’;

4.	Article 4 is amended as follows: (a) in the first indent of paragraph 2 ‘Article (a)’ is replaced by ‘Article 1(1)(a) and (d)’; (b) in paragraph 4, the following point (d) is added: ‘(d) in the case of the quota referred to in Article 1(1)(d), one of the entries listed in Annex VIII.’;

5.

in Article 5(1), the first subparagraph is replaced by the following: ‘Within two working days of the closing date for the submission of licence applications, the Member States shall notify the Commission, by e-mail and in accordance with the Annex III to this Regulation, of the quantities covered by import licence applications, broken down by eight-digit CN code and quota serial number, specifying the country of origin; the number of the licence applied for and the name and address of the applicant. Where the export licence is requested, the number of that licence shall also be indicated.’;

6.	the introductory sentence of the first paragraph of Article 8 is replaced by the following: ‘The competent bodies shall notify the Commission, by e-mail and in accordance with Annex III, as follows:’;

7.	Annex III is replaced by Annex I to this Regulation;

8.	Annex V is replaced by Annex II to this Regulation;

9.	Annex VII is replaced by Annex III to this Regulation;

10.	Annex IV to this Regulation is added as Annexes VIII, IX and X.

Article 2

Regulation (EC) No 1549/2004 is hereby amended as follows:

1.	in Article 1a ‘husked rice’ is replaced by ‘husked rice, semi-milled rice and wholly milled rice’;

2.

Article 1b is replaced by the following: ‘Article 1b 1.   Notwithstanding Article 11(2) of Regulation (EC) No 1785/2003, the import duty for semi-milled or wholly milled rice falling within CN code 1006 30 shall be fixed by the Commission within 10 days after the end of the reference period concerned at: (a) EUR 175 per tonne in the following cases: — where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended exceed 387 743 tonnes, — where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year exceed 182 239 tonnes; (b) EUR 145 per tonne in the following cases: — where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended do not exceed 387 743 tonnes, — where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year do not exceed 182 239 tonnes. The Commission shall fix a new applicable duty only if the calculations performed under this paragraph indicate a need to change it. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply. 2.   When calculating imports as referred to in paragraph 1, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued under the first subparagraph of Article 10(1) of Regulation (EC) No 1785/2003 during the corresponding reference period.’;

3.	the following Article 1d is inserted: ‘Article 1d Notwithstanding Article 11(1) of Regulation (EC) No 1785/2003, the import duty for broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.’

Article 3

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

Article 1 shall apply from 1 January 2006.

Article 2(2) and (3) shall apply from 1 September 2005. However, the first fixing of duties under Article 1b of Regulation (EC) No 1549/2004, as amended by Article 2(2) of this Regulation, shall be undertaken within three days of the publication of this Regulation.

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(1)  OJ L 270, 21.10.2003, p. 96.

(2)  Not yet published in the Official Journal (COM(2005) 601).

(3)  OJ L 37, 11.2.1998, p. 5. Regulation as last amended by Commission Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

(4)  OJ L 280, 31.8.2004, p. 13. Regulation as amended by Regulation (EC) No 1006/2005 (OJ L 170, 1.7.2005, p. 26).

(5)  OJ L 280, 31.8.2004, p. 13.’;

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24.12.2005

EN

Official Journal of the European Union

L 342/39

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COMMISSION REGULATION (EC) No 2153/2005

of 23 December 2005

on the aid scheme for the private storage of olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 (1), and in particular Article 6(3) thereof,

Whereas:

(1)	Article 6 of Regulation (EC) No 865/2004 provides that an aid scheme for the private storage of olive oil may be implemented in the event of serious disturbance on the market in certain regions of the Community.

(2)

In order to implement the aid scheme quickly as and when required, detailed rules for the application of that Regulation must be laid down. The aid scheme for private storage must be based on contracts with operators offering sufficient securities and authorised by the Member States on the basis of certain set conditions.

(3)	For the scheme to have greater effect on the market at the level of producers and to make monitoring easier, the aid should be granted primarily for the bulk storage of virgin olive oil.

(4)	Information should be available on changes in prices and in the production of olive oil. This information is needed to monitor the olive oil market on a permanent basis, in order to assess whether the conditions indicating a severe market disturbance pertain or not.

(5)	To reflect the market situation as closely as possible, the aid amount must be established for those market sectors that need it. The oil categories are those listed in Part I of Annex I to Regulation (EC) No 865/2004.

(6)	The information that must appear in tenders and the conditions in which they are to be presented and examined must be specified, with a view to having complete and thorough information for each tender.

(7)

Invitations to tender should be opened in accordance with certain procedures, particularly as regards the time limits for lodging tenders and the minimum quantity of each tender lodged. In particular, if they are to have an effect on the market situation, tenders must be submitted for a long storage period and in respect of a minimum quantity in relation to the situation in the sector.

(8)

Performance of the tender should be guaranteed by lodging a security under the conditions laid down in Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (2), the amount and duration of which must be related to the likelihood of fluctuations in prices on the market and the number of days’ storage conferring entitlement to the aid which have actually been completed.

(9)	To be successful, tenders should not exceed a maximum amount of aid per day of storage, to be determined in relation to the market in olive oil. The tenders must be representative and the maximum quantities laid down under the procedure must be complied with for each category or region specified.

(10)	The main points to be included in the contract should be specified. In order to prevent disturbances on the market, the Commission must be able to adjust the term of the contract in the light mainly of the harvest forecasts for the marketing year following that in which the contract was concluded.

(11)

In order to ensure that the scheme is properly administered, it is necessary to indicate the conditions in which an advance on aid may be granted, the checks on compliance with entitlement to the aid which are essential, certain procedures for calculating the aid and the information to be notified to the Commission by the Member States.

(12)	With a view to clarity and transparency, Commission Regulation (EC) No 2768/98 of 21 December 1998 on the aid scheme for the private storage of olive oil (3) should be repealed and replaced by a new Regulation.

(13)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Olive Oil and Table Olives,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The competent bodies in producer Member States shall conclude contracts for the private storage of virgin olive oil in bulk on the conditions laid down in this Regulation.

2.   In order to determine the aid to be granted for carrying out contracts for the private storage of virgin olive oil in bulk, the Commission may, in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004, open invitations to tender for a limited period. During a limited-period tendering procedure, partial invitations to tender shall be opened.

Article 2

1.   An invitation to tender for a limited period may be opened where the following conditions are met:

(a)	there are serious disturbances on the market in certain regions of the Community which may be reduced or resolved by measures for the private storage of virgin olive oil in bulk;

(b)

the average price for one or more of the following products recorded on the market during a period of not less than two weeks is less than: — EUR 1 779/tonne for extra virgin olive oil, — EUR 1 710/tonne for virgin olive oil, — EUR 1 524/tonne for lampante olive oil having two degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity.

2.   Invitations to tender for a limited period shall specify the maximum quantity for the whole tendering procedure and may specify maximum quantities for each:

—	category of virgin olive oil as referred to in the Part I of Annex I to Regulation (EC) No 865/2004,

—	Community region or Member State.

Invitations to tender for a limited period may be restricted to just some of the virgin olive oil categories or regions referred to in the first subparagraph.

Invitations to tender for a limited period may be closed before the end of the period in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004.

Article 3

Only olive oil operators approved to that end by the competent body in the Member State concerned may submit tenders in respect of partial invitations to tender.

Member States shall lay down the criteria and procedures for approving these operators, who shall fall into one of the following categories:

(a)	an olive-oil producers’ organisation comprising at least 700 olive growers where it acts as an organisation for the production and marketing of olives and olive oil;

(b)	a producer organisation representing at least 25 % of olive growers or of the olive oil production in the region in which it is situated;

(c)	an association of producer organisations from various economic areas and made up of at least 10 producer organisations as referred to in (a) and (b) above or a number of organisations representing at least 5 % of the olive oil production of the Member State concerned;

(d)	a mill whose facilities can extract at least two tonnes of oil in an eight-hour working day and which has produced in the two preceding marketing years at total of at least 500 tonnes of virgin olive oil;

(e)	a packaging firm with a capacity, in the territory of a single Member State, equal at least to six tonnes of oil put up per eight-hour working day, and which has put up over the two preceding marketing years a total of at least 500 tonnes of olive oil.

Should one or more of the organisations producing or marketing olives and olive oil be a member or members of the organisation referred to in point (a) of the second subparagraph, the olive growers involved in such a grouping shall be individually considered when calculating the minimum number of 700 growers.

Article 4

For the purposes of the approval referred to in Article 3, operators shall give an undertaking to:

(a)	accept the sealing, by the competent body in the Member State, of the vats containing the olive oil covered by a storage contract;

(b)	keep stock records of the oil and, where appropriate, the olives they are storing;

(c)	undergo all checks provided for under this aid scheme for private storage contracts.

The operators concerned shall make a declaration of the capacity of their storage facilities, provide a plan of those facilities and supply evidence of compliance with the conditions in Article 3.

Article 5

1.   Operators meeting the conditions in Articles 3 and 4 shall be approved and given an approval number within two months following the month in which the complete file containing the application for approval is submitted.

2.   Without prejudice to Article 17(3):

(a)

producer organisations in the olive oil sector, unions thereof and the mills and packaging enterprises that have been authorised by the Member States to undertake private storage in the 1998/99 to 2004/05 marketing years shall be deemed to be approved under this Regulation if they meet the criteria laid down in Articles 3 and 4;

(b)

approval shall be refused or withdrawn immediately from an operator where that operator: (i) does not meet the conditions for approval; (ii) is subject to proceedings by the competent authorities for infringements of Regulation (EC) No 865/2004; (iii) has been penalised for infringing the production aid scheme provided for in Council Regulation No 136/66/EEC (4) in the 2002/03, 2003/04 and 2004/05 marketing years; (iv) has been penalised for infringing the scheme to fund the activities of oil operators’ organisations provided for in Council Regulation (EC) No 1638/98 (5) in the 2002/03, 2003/04 and 2004/05 marketing years.

Article 6

1.   No later than every Wednesday, Member States shall send the Commission the average prices recorded on their main representative markets the preceding week for the various categories of oil listed in Annex I to Regulation (EC) No 865/2004.

These prices shall be notified by e-mail, along with comments on the volume of transactions and how representative they are.

2.   Before the 10th day of each month the Member States shall send the Commission an estimate of the total production of olive oil and table olives for the current marketing year.

3.   From September to May of each marketing year, Member States shall send the Commission, no later than the 15th day of each month, an estimate of the olive oil and table olives produced since the start of the marketing year in question.

To obtain these data, the Member States may use various sources of information, including the data supplied by the mills and enterprises engaging in the processing of table olives, surveys of operators in the olive sector or the estimates of statistical bodies.

Member States shall notify the Commission, before the end of the marketing year concerned, of the total estimated volume of olive oil and quantity of table olives produced.

4.   Member States shall establish the data-collection system they deem to be most appropriate for obtaining and preparing the notifications referred to in paragraphs 2 and 3 and they shall specify, as appropriate, the data-communication obligations of the olive-sector operators concerned.

5.   The estimates of olive-oil and table-olive production referred to in paragraphs 2 and 3 shall be sent by e-mail on the form provided by the Commission.

6.   The Commission may use other sources of information.

Article 7

The deadlines for the submission of tenders in respect of partial tendering procedures shall be as follows:

(a)	for November, January, February, March, April, May, June, July, September and October, from the 4th to the 8th day at midday and from the 18th to the 22nd at midday;

(b)	for August, from the 18th to the 23rd at midday;

(c)	for December, from the 9th to the 14th at midday.

The time of the deadline shall be local Belgian time. Where the day on which the deadline expires in a Member State is a holiday for the body responsible for receiving the tenders, the deadline shall expire at midday on the preceding working day.

Article 8

1.   Without prejudice to Article 15, tenders for a minimum quantity of 50 tonnes shall be made in respect of the amount of aid per day, for the private storage for 365 days in sealed vats and in accordance with the conditions laid down in this Regulation of virgin olive oil in bulk in one of the three categories listed in Part I of Annex I to Regulation (EC) No 865/2004.

2.   Approved operators shall take part in the partial tendering procedure either by submitting a written tender to the competent body in a Member State, against receipt of delivery, or by e-mailing that body.

Where an operator takes part in a partial tendering procedure for more than one category of oil or for vats located at different addresses, he shall submit a separate tender in each case.

A tender shall be valid only for a single partial tendering procedure. Once submitted, tenders may not be withdrawn or altered after the closing date for submission of tenders.

Article 9

1.   The tenders referred to in Article 8 shall specify:

(a)	a reference to this Regulation and to the partial tendering procedure to which the tender refers;

(b)	the name and address of the tenderer;

(c)	the category of approved operator, referred to in Article 3(1), and the approval number;

(d)	the quantity and category of olive oil(s) covered by the tender;

(e)	the exact address of the place where the storage vats are located and the information needed to identify the vats to which the tenders refer;

(f)	the amount of aid per day of private storage per tonne of olive oil, expressed in euro to two decimal places;

(g)	the amount of the security to be established in accordance with Article 10 expressed in the currency of the Member State in which the tender is made.

2.   To ensure that their validity is recognised, tenders must:

(a)	be drawn up, together with the relevant documents, in the official language or one of the official languages of the Member State of the competent body which receives them;

(b)	be submitted in accordance with this Regulation and contain all the particulars listed in paragraph 1;

(c)	not contain conditions other than those provided for in this Regulation;

(d)	be made by an operator approved by the Member State in which they are received, and concern storage vats located in that Member State;

(e)	be accompanied, prior to the deadline for the submission of tenders, by proof that the tenderer has established the security specified in them.

Article 10

1.   Tenderers shall establish a security of EUR 50 per tonne of olive oil covered by a tender.

2.   Where tenders are unsuccessful, the security referred to in paragraph 1 shall be released forthwith following publication in the Official Journal of the European Union of the maximum amount of the aid for the partial tendering procedure concerned.

3.   Where tenders are successful, in addition to the security referred to in paragraph 1, a security of EUR 200 per tonne of olive oil covered by the tender shall be established no later than the first day of performance of the contract as referred to in the second subparagraph of Article 13(3).

4.   The primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85 for the release of the securities referred to in paragraphs 1 and 3 shall be the storage for six months provided for in the tender under the contract conditions laid down in this Regulation.

However, where the duration of the contract is reduced to less than six months pursuant to Article 15, the storage period referred to in the first subparagraph shall be the same as the period of performance of the contract.

Article 11

1.   Tenders shall be examined by the competent body in the Member State concerned in the absence of members of the public. Subject to paragraph 2, persons present at the examination shall be under an obligation not to disclose any particulars relating thereto.

2.   Valid tenders shall be notified to the Commission, classified in increasing order of amount, unnamed, by e-mail, not later than 48 hours following the expiry of the deadline for the submission of tenders.

If the deadline expires on a Friday tenders shall be notified no later than midday (Brussels time) the following Monday.

3.   Particulars shall be given for each tender notified of the quantity, category of oil and amount referred to in Article 9(1)(d) and (f). In addition, where the procedure sets maximum quantities for each region, the regions concerned shall be indicated for each tender.

Article 12

1.   In accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004 and on the basis of the tenders received, a maximum amount of aid shall be set per day of private storage not later than the ninth working day following the expiry of each deadline set for the submission of tenders under partial tendering procedures.

2.   The maximum amount of aid shall be set in the light of the situation and foreseeable developments on the market in olive oil, and the opportunities for contributing significantly to ensuring that the market is regulated by the measure concerned.

In addition, account shall be taken of quantities which are covered already by private storage contracts and of the quantities covered by the tenders received.

3.   When the maximum amount is being set, and in accordance with the same procedure, all tenders in respect of a category of oil or a region for which a maximum quantity has been set under Article 2(2) may be rejected where, in the case of the category or region in question:

—	the tenders are not representative, or

—	the maximum amount set could result in an overrun of the maximum quantity concerned.

Article 13

1.   The contract shall be awarded, without prejudice to Article 12(3), to the tenderer or tenderers whose tender has been notified in accordance with Article 11(2), and which corresponds to the maximum amount of aid per day of private storage, or less for the quantity shown in the tender.

The rights and obligations of the successful tenderer shall not be transferable.

2.   The competent body in the Member State concerned shall notify all tenderers in writing of the outcome of their participation in the tendering procedure not later than the second working day following the date of publication of the maximum amount of the aid in the Official Journal of the European Union.

3.   The date of conclusion of the contract shall be that on which the notice of acceptance of the tender is dispatched to the tenderer.

The starting date of performance of the contract, subject to the lodging of the security referred to in Article 10(3), shall be the day following the conclusion of the contract, and the oil in question must be stored in the conditions provided for in the contract.

However, performance of the contract may not begin until the vats are sealed after the taking of samples, in accordance with paragraph 4(c) and (d) below.

4.   Within 30 days of the conclusion of the contract, the competent body in the Member State shall:

(a)	identify the vats containing the olive oil concerned;

(b)	record the net weight of the oil;

(c)	take a sample representative of the tender;

(d)	seal each vat.

Where the Member State can offer duly justified reasons, the 30-day time limit laid down in the first subparagraph may be extended by 15 days.

5.   The sample referred to in paragraph 4(c) shall be analysed as quickly as possible to ensure that the oil corresponds to the category of virgin olive oils for which the contract was awarded.

If the analysis confirms that the oil in the vat does not correspond to the category for which the contract was awarded, the entire quantity covered by the tender shall be rejected and the security referred to in Article 10(1) shall be forfeit.

Article 14

1.   The contract drawn up in two copies shall contain at least the following:

(a)	the name and address of the competent body in the Member State;

(b)	the full postal address, and the approval number and category of the contractor, as referred to in Article 3;

(c)	the exact storage address and the location of the vats concerned;

(d)	the date of conclusion of the contract;

(e)	the starting and completion dates of performance of the contract, subject to Article 15;

(f)	a reference to this Regulation and to the partial tendering procedure concerned.

2.   The contract shall contain a reference in respect of each batch covered by it to:

(a)	the category and net weight of the virgin olive oil;

(b)	the particulars and location of the vats containing the oil.

3.   The contract shall require the contractor:

(a)	to keep in storage, for an agreed period, the agreed quantity of the product concerned, at his expense and risk;

(b)	to store oil of different categories in separate vats, specified in the contract and sealed by the competent body in the Member State;

(c)	to allow the competent body in the Member State to verify at all times compliance with the requirements of the contract.

Changes of vats referred to in (b) above must be authorised by that body, undertaken in its presence, representative samples of the vat concerned must be taken and new seals affixed in accordance with Article 13(4)(c) and (d).

4.   Without prejudice to Article 15, where the contractor terminates the contract while it is being performed, the contractor shall lose the benefit of the aid for the whole of the period and for all the quantities provided for in the contract.

Article 15

1.   The Commission, on the basis of developments on the market in olive oil and the outlook for the future, may decide in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004 to shorten the term of contracts which are being performed.

Changes to contracts may be adopted only during the period 1 September to 31 December, and may not take effect before the end of the month following that in which they are adopted.

2.   Where a contract is changed under paragraph 1, the Commission shall set a percentage reduction to be applied to the numbers of days of performance provided for after a date specified for all contracts which are being performed on that date.

Article 16

1.   From the starting date of performance of the contract as referred to in the second subparagraph of Article 13(3), an advance corresponding to the aid provided for in respect of the period starting on the starting date of performance of the contract and ending on 31 August following may be paid on condition that a security is lodged for an amount equal to 120 % of the advance.

In the case of contracts that are being performed, from 1 January a further advance may be paid for the period beginning on 1 September and ending on expiry of those contracts, under the terms specified in the first subparagraph.

2.   The security referred to in paragraph 1 shall be released forthwith upon payment of the balance of the aid in accordance with Article 18(3).

Article 17

1.   Before final payment of the aid is made, the competent body in the Member State shall:

(a)	collect and verify proof of compliance with the conditions laid down in this Regulation;

(b)	carry out the necessary checks to ensure that the olive oil in question has remained in storage during the whole of the storage period referred to in the contract;

(c)	take all the measures necessary to ensure that checks are made on compliance with the requirements of the contract.

2.   Checks on compliance shall include a physical inspection of the goods stored, together with scrutiny of the accounts.

The physical inspection shall cover in particular the compliance of the stocks covered by the contract with the categories of oil provided for in the contract, the presence of the seals and of the quantities provided for.

3.   Where there is failure to comply with the requirements of the contract, the aid shall not be granted, and without prejudice to other penalties that may be applied, approval of the operator shall be withdrawn. In addition, the securities as referred to in Articles 10 and 16 shall be forfeit under the terms of Regulation (EEC) No 2220/85.

Article 18

1.   The aid amount shall be calculated in relation to the net weight recorded in accordance with Article 13(4)(b).

The rate to be applied when converting the amount of private storage aid into national currency shall be the agricultural conversion rate applicable on the date of commencement of performance of the contract as referred to in the second subparagraph of Article 13(3).

2.   The requirements relating to the quantities provided for in the tenders and contracts shall be regarded as met if they are in fact met in respect of 98 % of those quantities.

Where the analysis referred to in Article 13(5) does not suffice to confirm that the oil corresponds to the category for which the contract was awarded, the entire quantity covered by the tender shall be deemed not to be in conformity.

3.   The aid, or, where an advance has been granted under Article 16, the balance of the aid, shall be paid only when all the requirements of the contract have been met. Payment of the aid, or the balance of the aid, shall be made following a check on compliance with the requirements, within 60 days following expiry of the contract.

Article 19

1.   The Member States concerned shall notify the Commission of the national measures taken to apply this Regulation and of the specimen contract.

2.   The Member States shall electronically notify the Commission of the quantities of olive oil for which an aid has been awarded and which, as appropriate, are not the subject of:

—	a contract,

—	compliance with or the performance in full of the contract.

The notices referred to in the first subparagraph shall specify the partial tendering procedure concerned and, as appropriate, the categories of oil, operators, or regions concerned. Notification shall take place at the earliest opportunity and not later than the 10th day of the month following the month concerned.

Article 20

Regulation (EC) No 2768/98 is hereby repealed.

Article 21

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

It shall apply from 1 November 2005.

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(1)  OJ L 161, 30.4.2004, p. 97, corrected by OJ L 206, 9.6.2004, p. 37.

(2)  OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(3)  OJ L 346, 22.12.1998, p. 14. Regulation as last amended by Regulation (EC) No 1432/2004 (OJ L 264, 11.8.2004, p. 6).

(4)  OJ 172, 30.9.1966, p. 3025/66.

(5)  OJ L 210, 28.7.1998, p. 32.

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24.12.2005

EN

Official Journal of the European Union

L 342/47

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COMMISSION REGULATION (EC) No 2154/2005

of 23 December 2005

supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the ‘Register of protected designations of origin and protected geographical indications’(‘Sidra de Asturias’ or ‘Sidra d’Asturies’) [PDO]

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 6(3) and (4) thereof,

Whereas:

(1)	In accordance with Article 6(2) of Regulation (EEC) No 2081/92, the request from Spain to enter the name ‘Sidra de Asturias’ or ‘Sidra d’Asturies’ has been published in the Official Journal of the European Union  (2).

(2)	Since the Commission has received no statement of objection pursuant to Article 7 of Regulation (EEC) No 2081/92, this name must be entered in the ‘Register of protected designations of origin and protected geographical indications’,

HAS ADOPTED THIS REGULATION:

Article 1

The name in the Annex to this Regulation is hereby added to the Annex to Commission Regulation (EC) No 2400/96 (3).

Article 2

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

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(1)  OJ L 208, 24.7.1992, p. 1. Regulation last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)  OJ C 98, 22.4.2005, p. 3.

(3)  OJ L 327, 18.12.1996, p. 11.

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24.12.2005

EN

Official Journal of the European Union

L 342/49

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COMMISSION REGULATION (EC) No 2155/2005

of 23 December 2005

amending the specification of a designation of origin appearing in the Annex to Regulation (EC) No 1107/96 (Miel de sapin des Vosges) (PDO)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 6(3), the second indent of Article 6(4) and the third paragraph of Article 9,

Whereas:

(1)	In accordance with the first paragraph of Article 9 of Regulation (EEC) No 2081/92, France has requested the amendment of the specification for the protected designation of origin ‘Miel de sapin des Vosges’, registered by Commission Regulation (EC) No 1107/96 (2).

(2)	The purpose of the requested amendment is to alter the method of assessing the colour of the honey, which is currently carried out by measuring its intensity according to the Pfund scale.

(3)	Following the amendment, the criterion of the colour of the honey will be verified on the basis of an organoleptic examination conducted in relation to a reference sample with characteristic colour. This method is considered to be more reliable.

(4)

The request for an amendment has been considered and the amendment has been deemed to be a minor one. This is due to the fact that the amendment does not alter the characteristics of the designation of origin, since the characteristic relating to colour is maintained. The only difference is the method of assessing that colour.

(5)	For the protected designation of origin ‘Miel de sapin des Vosges’, the ‘description’ in the specification, provided for in Article 4(2)(b) of Regulation (EEC) No 2081/92, should be altered by deleting the reference to intensity on the Pfund scale.

(6)	In accordance with Article 4 of Commission Regulation (EC) No 383/2004 (3), the Commission is publishing the summary in the Official Journal of the European Union.

(7)

The amendment is considered also to comply with Regulation (EEC) No 2081/92. Consequently, the alteration of the description for the product bearing the name ‘Miel de sapin des Vosges’ must be registered and published. The summary should therefore include the details, contained in the specification, of the colour of the honey bearing the designation.

(8)	The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs,

HAS ADOPTED THIS REGULATION:

Article 1

The procedure provided for in Article 6(1) and (2) of Regulation (EEC) No 2081/92 shall not apply to the amendments referred to in Article 2.

Article 2

The specification for the designation of origin ‘Miel de sapin des Vosges’ is amended in accordance with Annex I to this Regulation.

Article 3

A summary of the main points of the specification is given in Annex II to this Regulation.

Article 4

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

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(1)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)  OJ L 148, 21.6.1996, p. 1. Regulation as last amended by Regulation (EC) No 704/2005 (OJ L 118, 5.5.2005, p. 14).

(3)  OJ L 64, 2.3.2004, p. 16.

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