ISSN 1725-2555

Official Journal

of the European Union

L 19

European flag  

English edition

Legislation

Volume 49
24 January 2006


Contents

 

I   Acts whose publication is obligatory

page

 

 

Commission Regulation (EC) No 109/2006 of 23 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

*

Commission Regulation (EC) No 110/2006 of 23 January 2006 introducing transitional measures on export licences for Community exports of olive oil to third countries

3

 

 

Commission Regulation (EC) No 111/2006 of 23 January 2006 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

4

 

 

Commission Regulation (EC) No 112/2006 of 23 January 2006 altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 93/2006

6

 

 

Commission Regulation (EC) No 113/2006 of 23 January 2006 amending the export refunds on syrups and certain other sugar sector products exported in the natural state, as fixed by Regulation (EC) No 94/2006

8

 

 

Commission Regulation (EC) No 114/2006 of 23 January 2006 amending the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

10

 

*

Commission Directive 2006/8/EC of 23 January 2006 amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations ( 1 )

12

 

 

II   Acts whose publication is not obligatory

 

 

Commission

 

*

Commission Decision of 23 December 2005 amending its internal Rules of Procedure

20

 

*

Commission Recommendation of 18 January 2006 concerning a coordinated Community monitoring programme for 2006 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2007 (notified under document number C(2006) 11)  ( 1 )

23

 

*

Commission Decision of 16 January 2006 on special conditions governing meat and meat products of equidae imported from Mexico and intended for human consumption (notified under document number C(2006) 16)  ( 1 )

30

 

*

Commission Decision of 18 January 2006 on extension of the maximum period for applying eartags to certain bovine animals (notified under document number C(2006) 43)  ( 1 )

32

 

 

Acts adopted under Title V of the Treaty on European Union

 

*

Council Common Position 2006/29/CFSP of 23 January 2006 repealing Common Position 96/184/CFSP concerning arms exports to the former Yugoslavia

34

 

*

Council Common Position 2006/30/CFSP of 23 January 2006 renewing and supplementing the restrictive measures imposed against Côte d'Ivoire

36

 

*

Council Common Position 2006/31/CFSP of 23 January 2006 renewing the restrictive measures imposed against Liberia

38

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Acts whose publication is obligatory

24.1.2006   

EN

Official Journal of the European Union

L 19/1


COMMISSION REGULATION (EC) No 109/2006

of 23 January 2006

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 January 2006.

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

Done at Brussels, 23 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development


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


ANNEX

to Commission Regulation of 23 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

109,2

204

68,8

212

95,5

624

107,9

999

95,4

0707 00 05

052

167,4

204

101,1

999

134,3

0709 10 00

220

88,5

999

88,5

0709 90 70

052

88,5

204

141,3

999

114,9

0805 10 20

052

47,3

204

55,9

212

50,5

220

49,3

624

58,2

999

52,2

0805 20 10

204

71,8

999

71,8

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

052

66,2

204

96,5

400

83,9

464

142,9

624

77,0

662

32,0

999

83,1

0805 50 10

052

49,8

220

60,5

999

55,2

0808 10 80

400

108,1

404

102,6

512

58,4

720

71,0

999

85,0

0808 20 50

388

101,1

400

82,9

720

54,7

999

79,6


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


24.1.2006   

EN

Official Journal of the European Union

L 19/3


COMMISSION REGULATION (EC) No 110/2006

of 23 January 2006

introducing transitional measures on export licences for Community exports of olive oil to third countries

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 24(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (2) repealed Regulation (EC) No 2543/95 of 30 October 1995 laying down special detailed rules for the application of the system of export licences for olive oil (3) with effect from 1 November 2005.

(2)

Some licences issued pursuant to Article 1 of Regulation (EC) No 2543/95 whose validity extends beyond 1 November 2005 have not been used at all or in part. If the commitments imposed by these licences are not complied with, the security lodged is forfeit. As these commitments are now devoid of purpose, they should be lifted and the securities should be released.

(3)

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

In the case of export licences issued pursuant to Regulation (EC) No 2543/95, the securities lodged shall be released, at the request of the parties concerned, provided that:

their validity has not expired by 1 November 2005,

they have been used only partially or not at all by that date.

Article 2

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.

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

Done at Brussels, 23 January 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


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

(2)  OJ L 212, 17.8.2005, p. 13.

(3)  OJ L 260, 31.10.1995, p. 33. Regulation as last amended by Regulation (EC) No 406/2004 (OJ L 67, 5.3.2004, p. 10).


24.1.2006   

EN

Official Journal of the European Union

L 19/4


COMMISSION REGULATION (EC) No 111/2006

of 23 January 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 105/2006 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 24 January 2006.

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

Done at Brussels, 23 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development


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

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

(3)  OJ L 170, 1.7.2005, p. 35.

(4)  OJ L 17, 21.1.2006, p. 11.


ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 applicable from 24 January 2006

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10 (1)

35,94

0,50

1701 11 90 (1)

35,94

4,12

1701 12 10 (1)

35,94

0,37

1701 12 90 (1)

35,94

3,83

1701 91 00 (2)

34,05

8,21

1701 99 10 (2)

34,05

4,12

1701 99 90 (2)

34,05

4,12

1702 90 99 (3)

0,34

0,32


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

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

(3)  Fixed per 1 % sucrose content.


24.1.2006   

EN

Official Journal of the European Union

L 19/6


COMMISSION REGULATION (EC) No 112/2006

of 23 January 2006

altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 93/2006

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 third subparagraph of Article 27(5) thereof,

Whereas:

(1)

The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 93/2006 (2).

(2)

Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 93/2006 was adopted, those refunds should be adjusted,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 93/2006 are hereby altered to the amounts shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 24 January 2006.

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

Done at Brussels, 23 January 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


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

(2)  OJ L 15, 20.1.2006, p. 37.


ANNEX

AMENDED AMOUNTS OF REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 24 JANUARY 2006 (1)

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

S00

EUR/100 kg

26,32 (2)

1701 11 90 9910

S00

EUR/100 kg

26,32 (2)

1701 12 90 9100

S00

EUR/100 kg

26,32 (2)

1701 12 90 9910

S00

EUR/100 kg

26,32 (2)

1701 91 00 9000

S00

EUR/1 % of sucrose × 100 kg product net

0,2861

1701 99 10 9100

S00

EUR/100 kg

28,61

1701 99 10 9910

S00

EUR/100 kg

28,61

1701 99 10 9950

S00

EUR/100 kg

28,61

1701 99 90 9100

S00

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

0,2861

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

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

The other destinations are:

S00

:

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


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

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


24.1.2006   

EN

Official Journal of the European Union

L 19/8


COMMISSION REGULATION (EC) No 113/2006

of 23 January 2006

amending the export refunds on syrups and certain other sugar sector products exported in the natural state, as fixed by Regulation (EC) No 94/2006

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 third indent of Article 27(5) thereof,

Whereas:

(1)

The refunds on syrups and certain other sugar products were fixed by Commission Regulation (EC) No 94/2006 (2).

(2)

Since the information at present available to the Commission is different to that available to it at the time Regulation (EC) No 94/2006 was adopted, these refunds should be amended,

HAS ADOPTED THIS REGULATION:

Article 1

The refunds to be granted on the products listed in Article 1(1)(d), (f) and (g), of Regulation (EC) No 1260/2001, fixed by Regulation (EC) No 94/2006 for the marketing year 2005/06, are hereby amended and detailed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 24 January 2006.

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

Done at Brussels, 23 January 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


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

(2)  OJ L 15, 20.1.2006, p. 39.


ANNEX

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

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 9100

S00

EUR/100 kg dry matter

28,61 (2)

1702 60 10 9000

S00

EUR/100 kg dry matter

28,61 (2)

1702 60 80 9100

S00

EUR/100 kg dry matter

54,36 (3)

1702 60 95 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,2861 (4)

1702 90 30 9000

S00

EUR/100 kg dry matter

28,61 (2)

1702 90 60 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,2861 (4)

1702 90 71 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,2861 (4)

1702 90 99 9900

S00

EUR/1 % sucrose × net 100 kg of product

0,2861 (4)  (5)

2106 90 30 9000

S00

EUR/100 kg dry matter

28,61 (2)

2106 90 59 9000

S00

EUR/1 % sucrose × net 100 kg of product

0,2861 (4)

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

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

The other destinations are defined as follows:

S00

:

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


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

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

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

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

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


24.1.2006   

EN

Official Journal of the European Union

L 19/10


COMMISSION REGULATION (EC) No 114/2006

of 23 January 2006

amending the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

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 Article 27(5)(a) and (15) thereof,

Whereas:

(1)

The rates of the refunds applicable from 20 January 2006 to the products listed in the Annex, exported in the form of goods not covered by Annex I to the Treaty, were fixed by Commission Regulation (EC) No 90/2006 (2).

(2)

It follows from applying the rules and criteria contained in Regulation (EC) No 90/2006 to the information at present available to the Commission that the export refunds at present applicable should be altered as shown in the Annex hereto,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of refund fixed by Regulation (EC) No 90/2006 are hereby altered as shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 24 January 2006.

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

Done at Brussels, 23 January 2006.

For the Commission

Günter VERHEUGEN

Vice-President


(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 15, 20.1.2006, p. 32.


ANNEX

Rates of refunds applicable from 24 January 2006 to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty (1)

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of refunds

Other

1701 99 10

White sugar

28,61

28,61


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


24.1.2006   

EN

Official Journal of the European Union

L 19/12


COMMISSION DIRECTIVE 2006/8/EC

of 23 January 2006

amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (1), and in particular the first paragraph of Article 20 thereof,

Whereas:

(1)

Preparations composed of more than one substance being classified in Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2) as carcinogenic, mutagenic and/or toxic for reproduction must currently be labelled with risk phrases (R-phrases) to indicate both category 1 or 2 and category 3 classification. However, providing both R-phrases sends a conflicting message. Preparations should therefore only be classified and labelled with the higher category.

(2)

For substances very toxic to the aquatic environment (classified as N) and assigned the R-phrases R50 or R50/53, specific concentration limits (SCLs) are currently applied to substances listed in Annex I to Directive 67/548/EEC in order to avoid an underestimation of the hazard. This measure creates distortions between preparations containing substances listed in Annex I to Directive 67/548/EEC, to which SCLs are applied, and those preparations containing substances not yet included in Annex I, but classified and labelled provisionally in accordance with Article 6 of Directive 67/548/EEC and to which no SCLs are applicable. It is therefore necessary to ensure that SCLs are applied in the same way to all preparations containing substances very toxic to the aquatic environment.

(3)

On 6 August 2001, the Commission adopted Directive 2001/59/EC (3) adapting to technical progress Directive 67/548/EEC. Directive 2001/59/EC revised the criteria in Annex VI to Directive 67/548/EEC for the classification and labelling of ozone depleting substances. The revised Annex III now only provides for the assignment of the symbol N in addition to R-phrase R59.

(4)

The terminology used to describe the packaging and the labelling requirements in Annex V to Directive 1999/45/EC has raised concerns due to the lack of consistency. It is therefore appropriate to modify the wording in Annex V to Directive 1999/45/EC to make it more accurate.

(5)

Annexes II, III and V to Directive 1999/45/EC should therefore be amended accordingly.

(6)

The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations established under Article 20 of Directive 1999/45/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes II, III and V to Directive 1999/45/EC are amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

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

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 23 January 2006.

For the Commission

Günter VERHEUGEN

Vice-President


(1)  OJ L 200, 30.7.1999, p. 1. Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(2)  OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

(3)  OJ L 225, 21.8.2001, p. 1.


ANNEX

Directive 1999/45/EC is amended as follows:

1.

Annex II is amended as follows:

(a)

table VI is replaced by the following table:

‘Table VI

Classification of the substance

Classification of the preparation

Categories 1 and 2

Category 3

Carcinogenic substances of category 1 or 2 with R45 or R49

Concentration ≥ 0,1 %

carcinogenic

R45, R49 obligatory as appropriate

 

Carcinogenic substances of category 3 with R40

 

Concentration ≥ 1 %

carcinogenic

R40 obligatory (unless already assigned R45  (1))

Mutagenic substances of category 1 or 2 with R46

Concentration ≥ 0,1 %

mutagenic

R46 obligatory

 

Mutagenic substances of category 3 with R68

 

Concentration ≥ 1 %

mutagenic

R68 obligatory (unless already assigned R46)

Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)

Concentration ≥ 0,5 %

toxic for reproduction (fertility)

R60 obligatory

 

Substances “toxic for reproduction” of category 3 with R62 (fertility)

 

Concentration ≥ 5 %

toxic for reproduction (fertility)

R62 obligatory (unless already assigned R60)

Substances “toxic for reproduction” of category 1 or 2 with R61 (development)

Concentration ≥ 0,5 %

toxic for reproduction (development)

R61 obligatory

 

Substances “toxic for reproduction” of category 3 with R63 (development)

 

Concentration ≥ 5 %

toxic for reproduction (development)

R63 obligatory (unless already assigned R61)

(b)

table VI A is replaced by the following table:

‘Table VI A

Classification of the substance

Classification of the preparation

Categories 1 and 2

Category 3

Carcinogenic substances of category 1 or 2 with R45 or R49

Concentration ≥ 0,1 %

carcinogenic

R45, R49 obligatory as appropriate

 

Carcinogenic substances of category 3 with R40

 

Concentration ≥ 1 %

carcinogenic

R40 obligatory (unless already assigned R45  (2))

Mutagenic substances of category 1 or 2 with R46

Concentration ≥ 0,1 %

mutagenic

R46 obligatory

 

Mutagenic substances of category 3 with R68

 

Concentration ≥ 1 %

mutagenic

R68 obligatory (unless already assigned R46)

Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)

Concentration ≥ 0,2 %

toxic for reproduction (fertility)

R60 obligatory

 

Substances “toxic for reproduction” of category 3 with R62 (fertility)

 

Concentration ≥ 1 %

toxic for reproduction (fertility)

R62 obligatory (unless already assigned R60)

Substances “toxic for reproduction” of category 1 or 2 with R61 (development)

Concentration ≥ 0,2 %

toxic for reproduction (development)

R61 obligatory

 

Substances “toxic for reproduction” of category 3 with R63 (development)

 

Concentration ≥ 1 %

toxic for reproduction (development)

R63 obligatory (unless already assigned R61)

2.

Annex III is amended as follows:

(a)

in Part A, point 2 of section (b)(1) (I), is deleted;

(b)

in Part B, table 1 is replaced by the following tables:

‘Table 1a

Acute aquatic toxicity and long-term adverse effects

Classification of the substance

Classification of the preparation

N, R50-53

N, R51-53

R52-53

N, R50-53

see Table 1b

see Table 1b

see Table 1b

N, R51-53

 

Cn ≥ 25 %

2,5 % ≤ Cn < 25 %

R52-53

 

 

Cn ≥ 25 %

Preparations containing a substance classified with N, R50-53, the concentration limits and the resulting classification given in table 1b are applicable.

Table 1b

Acute aquatic toxicity and long-term adverse effects of substances very toxic to the aquatic environment

LC50 or EC50 value (“L(E)C50”) of substance classified as N, R50-53 (mg/l)

Classification of the preparation

N, R50-53

N, R51-53

R52-53

0,1 < L(E)C50 ≤ 1

Cn ≥ 25 %

2,5 % ≤ Cn < 25 %

0,25 % ≤ Cn < 2,5 %

0,01 < L(E)C50 ≤ 0,1

Cn ≥ 2,5 %

0,25 % ≤ Cn < 2,5 %

0,025 % ≤ Cn < 0,25 %

0,001 < L(E)C50 ≤ 0,01

Cn ≥ 0,25 %

0,025 % ≤ Cn < 0,25 %

0,0025 % ≤ Cn < 0,025 %

0,0001 < L(E)C50 ≤ 0,001

Cn ≥ 0,025 %

0,0025 % ≤ Cn < 0,025 %

0,00025 % ≤ Cn < 0,0025 %

0,00001 < L(E)C50 ≤ 0,0001

Cn ≥ 0,0025 %

0,00025 % ≤ Cn < 0,0025 %

0,000025 % ≤ Cn < 0,00025 %

For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).’

(c)

in part B, table 2 is replaced by the following table:

‘Table 2

Acute aquatic toxicity

LC50 or EC50 value (“L(E)C50”) of substance classified either as N, R50 or as N, R50-53 (mg/l)

Classification of the preparation N, R50

0,1 < L(E)C50 ≤ 1

Cn ≥ 25 %

0,01 < L(E)C50 ≤ 0,1

Cn ≥ 2,5 %

0,001 < L(E)C50 ≤ 0,01

Cn ≥ 0,25 %

0,0001 < L(E)C50 ≤ 0,001

Cn ≥ 0,025 %

0,00001 < L(E)C50 ≤ 0,0001

Cn ≥ 0,0025 %

For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).’

(d)

in part B, table 5 of point II, is replaced by the following table:

‘Table 5

Dangerous for the ozone layer

Classification of the substance

Classification of the preparation N, R59

N with R59

Cn ≥ 0,1 %’

3.

Annex V is replaced by the following:

‘ANNEX V

SPECIAL PROVISIONS CONCERNING THE LABELLING OF CERTAIN PREPARATIONS

A.   For preparations classified as dangerous within the meaning of Articles 5, 6 and 7

1.   Preparations sold to the general public

1.1.

The label on the packaging containing such preparations, in addition to the specific safety advice, must bear the relevant safety advice S1, S2, S45 or S46 in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

1.2.

When such preparations are classified as very toxic (T+), toxic (T) or corrosive (C) and where it is physically impossible to give such information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

2.   Preparations intended for use by spraying

The label on the packaging containing such preparations must compulsorily bear the safety advice S23 accompanied by safety advice S38 or S51 assigned to it in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

3.   Preparations containing a substance assigned phrase R33: Danger of cumulative effects

When a preparation contains at least one substance assigned the phrase R33, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.

4.   Preparations containing a substance assigned phrase R64: May cause harm to breastfed babies

When a preparation contains at least one substance assigned phrase R64, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.

B.   For preparations irrespective of their classification within the meaning of Articles 5, 6 and 7

1.   Preparations containing lead

1.1.   Paint and varnishes

The label on the packaging of paints and varnishes containing lead in quantities exceeding 0,15 % (expressed as weight of metal) of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984, must show the following particulars:

“Contains lead. Should not be used on surfaces liable to be chewed or sucked by children”.

In the case of packages the contents of which are less than 125 millilitres, the particulars may be as follows:

“Warning! Contains lead”.

2.   Preparations containing cyanoacrylates

2.1.   Adhesives

The label on the immediate packaging of adhesives based on cyanoacrylate must bear the following inscriptions:

 

“Cyanoacrylate

Danger

Bonds skin and eyes in seconds

Keep out of the reach of children”.

Appropriate advice on safety must accompany the package.

3.   Preparations containing isocyanates

The label on the packaging of preparations containing isocyanates (as monomers, oligomers, prepolymers, etc., or as mixtures thereof) must bear the following inscriptions:

 

“Contains isocyanates.

See information supplied by the manufacturer”.

4.   Preparations containing epoxy constituents with an average molecular weight ≤ 700

The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤ 700 must bear the following inscriptions:

 

“Contains epoxy constituents.

See information supplied by the manufacturer”.

5.   Preparations sold to the general public which contain active chlorine

The label on the packaging of preparations containing more than 1 % of active chlorine must bear the following particular inscriptions:

“Warning! Do not use together with other products. May release dangerous gases (chlorine)”.

6.   Preparations containing cadmium (alloys) and intended to be used for brazing or soldering

The label on the packaging of the above mentioned preparations must bear the following inscription printed in clearly legible and indelible characters:

 

“Warning! Contains cadmium.

Dangerous fumes are formed during use.

See information supplied by the manufacturer.

Comply with the safety instructions”.

7.   Preparations available as aerosols

Without prejudice to the provisions of this Directive, preparations available as aerosols are also subject to the labelling provisions in accordance with points 2.2 and 2.3 of the Annex to Directive 75/324/EEC as last amended by Directive 94/1/EC.

8.   Preparations containing substances not yet tested completely

Where a preparation contains at least one substance which, in accordance with Article 13.3 of Directive 67/548/EEC, bears the inscription “Caution — substance not yet tested completely”, the label on the packaging of the preparation must bear the inscription “Warning — this preparation contains a substance not yet tested completely” if this substance is present in a concentration ≥ 1 %.

9.   Preparations not classified as sensitising but containing at least one sensitising substance

The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration equal to or greater than 0,1 % or in a concentration equal to or greater than that specified under a specific note for the substance in Annex I to Directive 67/548/EEC must bear the inscription:

“Contains (name of sensitising substance). May produce an allergic reaction”.

10.   Liquid preparations containing halogenated hydrocarbons

For liquid preparations which show no flashpoint or a flashpoint higher than 55 °C and contain a halogenated hydrocarbon and more than 5 % flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate:

“Can become highly flammable in use” or “Can become flammable in use”.

11.   Preparations containing a substance assigned phrase R67: vapours may cause drowsiness and dizziness

When a preparation contains one or more substances assigned the phrase R67, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the total concentration of these substances present in the preparation is equal to or higher than 15 %, unless:

the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26,

or the preparation is in a package not exceeding 125 ml.

12.   Cements and cement preparations

The label on the packaging of cements and cement preparations containing more than 0,0002 % soluble chromium (VI) of the total dry weight of the cement must bear the inscription:

“Contains chromium (VI). May produce an allergic reaction”

unless the preparation is already classified and labelled as a sensitiser with phrase R43.

C.   For preparations not classified within the meaning of Articles 5, 6 and 7 but containing at least one dangerous substance

1.   Preparations not intended for the general public

The label on the packaging of preparations referred to in Article 14.2.1(b) must bear the following inscription:

“Safety data sheet available for professional user on request”.’


(1)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.’

(2)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.’


II Acts whose publication is not obligatory

Commission

24.1.2006   

EN

Official Journal of the European Union

L 19/20


COMMISSION DECISION

of 23 December 2005

amending its internal Rules of Procedure

(2006/25/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

The Commission's provisions setting-up the ‘ARGUS’ general rapid alert system, the text of which is annexed to this Decision, are hereby added to the Commission’s Rules of Procedure (1) as an Annex.

Article 2

This Decision shall enter into force on 1 January 2006.

Done at Brussels, 23 December 2005.

For the Commission

José Manuel BARROSO

The President


(1)  OJ L 308, 8.12.2000, p. 26. Rules of Procedure as last amended by Commission Decision 2005/960/EC, Euratom (OJ L 347, 30.12.2005, p. 83).


ANNEX

COMMISSION PROVISIONS SETTING UP THE ‘ARGUS’ GENERAL RAPID ALERT SYSTEM

Whereas:

(1)

It is appropriate for the Commission to establish a general rapid alert system called ARGUS, in order to enhance its capacity to react quickly, efficiently and in a coordinated manner, in its domain of competence, to crises of a multisectoral nature covering several policy areas and that require action at the Community level, whatever their cause.

(2)

The system should be based initially on an internal communication network allowing the Directorates-General and services of the Commission to share key information in the event of a crisis.

(3)

The system will be reviewed in the light of experience acquired and technological progress to ensure interlinkage and coordination of existing specialised networks.

(4)

It is necessary to define an appropriate coordination process to take decisions and to manage a rapid, coordinated and coherent Commission response to a major multisectoral crisis, whilst keeping it sufficiently flexible and adaptable to the particular needs and circumstances of a specific crisis and respecting the existing policy instruments dealing with specific crises.

(5)

The system must respect the specific characteristics, expertise, arrangements and area of competence of each of the existing sectoral rapid alert systems of the Commission, which enable its service to respond to specific crises in various fields of Community activity, as well as the general principle of subsidiarity.

(6)

Communication being a key element of crisis management, special attention must be devoted to informing the public and communicating effectively with the citizens, through the press and the various communication tools and outlets of the Commission, from Brussels and/or the most appropriate location.

Article 1

The ARGUS system

1.   A general rapid alert and response system called ARGUS is established, in order to enhance the capacity of the Commission to provide a quick, efficient and coherent response in the event of a major crisis of a multisectoral nature covering several policy areas requiring action Community level, whatever its cause.

2.   ARGUS shall consist of:

(a)

an internal communication network;

(b)

a specific coordination process to be activated in case of a major multisectoral crisis.

3.   These provisions are without prejudice to Commission Decision 2003/246/EC, Euratom on operational procedures for crisis management.

Article 2

The ARGUS information network

1.   The internal communication network shall be a permanent platform enabling the Directorates-General and services of the Commission to share in real time relevant information on emerging multisectoral crises or foreseeable or imminent threat thereof and to coordinate appropriate response within the domain of competence of the Commission.

2.   The core members of the network are: the Secretariat-General; DG Press and Communication including the Spokesperson’s service; DG Environment; DG Health and Consumer Protection; DG Justice, Freedom and Security; DG External Relations; DG Humanitarian Aid; DG Personnel and Administration; DG Trade; Informatics DG; DG Taxation and Customs Union; the Joint Research Centre and the Legal Service.

3.   Any other Directorate-General and service of the Commission can be included in the network, at their request, provided they implement the minimum requirements mentioned in paragraph (4).

4.   Directorates-General and services which are members of the network shall appoint an ARGUS correspondent and implement appropriate stand-by duty arrangements allowing the service to be contacted and to react speedily in the event of a crisis warranting its intervention. The system will be designed to allow this to be done within the existing allocation of human resources.

Article 3

Coordination process in the event of a major crisis

1.   In the event of a major multisectoral crisis or foreseeable or imminent threat thereof, the President, on his own initiative after having been alerted or at the request of a Member of the Commission, may decide to activate a specific coordination process. The President will also decide on the allocation of the political responsibility for the Commission response to the crisis. He will either keep the responsibility to himself or assign it to a Member of the Commission.

2.   Such responsibility will entail leading and coordinating the response to the crisis, representing the Commission towards the other institutions and being responsible for communication with the public. This will not affect the existing competences and mandates in the College.

3.   The Secretariat-General, under the authority of the President or the Member of the Commission to whom the responsibility was assigned, will activate the specific operational crisis management structure called Crisis Coordination Committee described in Article 4.

Article 4

The Crisis Coordination Committee

1.   The Crisis Coordination Committee is a specific operational crisis management structure established to lead and coordinate the response to the crisis, bringing together representatives of all relevant Commission Directorates-General and services. As a general rule, the Directorates-General and services mentioned in Article 2(2) shall be represented in the Crisis Coordination Committee, plus other Directorates-General and services concerned by the specific crisis. The Crisis Coordination Committee will draw on the existing resources and means of the services.

2.   The Crisis Coordination Committee shall be chaired by the Deputy Secretary-General with particular responsibility for policy coordination.

3.   The Crisis Coordination Committee will in particular assess and monitor the development of the situation, identify issues and options for decision and action, ensure that decisions and actions are implemented and ensure the coherence and consistency of the response.

4.   Decisions agreed within the Crisis Coordination Committee will be adopted through normal Commission decision-making procedures and will be executed by Directorates-General and rapid alert systems.

5.   Commission services will dutifully ensure the management of tasks in connection with the response in their domain of competence.

Article 5

The Manual of Operating Procedures

A Manual of Operational Procedures will define detailed provisions to implement this decision.

Article 6

The Commission will review this decision in the light of experience gained and technological progress, at the latest one year after its entry into force, and, if necessary, adopt additional measures relating to the functioning of ARGUS.


24.1.2006   

EN

Official Journal of the European Union

L 19/23


COMMISSION RECOMMENDATION

of 18 January 2006

concerning a coordinated Community monitoring programme for 2006 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2007

(notified under document number C(2006) 11)

(Text with EEA relevance)

(2006/26/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1) and in particular Article 7(2)(b) thereof,

Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 4(2)(b) thereof,

Whereas:

(1)

Directives 86/362/EEC and 90/642/EEC provide that the Commission should progressively work towards a system which would permit the estimation of dietary exposure to pesticides. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products. In view of the resources available at national level for pesticide residue monitoring, Member States are only able to analyse samples of eight products each year within a coordinated monitoring programme. Pesticide uses show changes within the timescale of three-year cycles. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.

(2)

Residues of the pesticides covered by this Recommendation should be monitored in 2006, as this will allow using these data for the estimation of actual dietary exposure to them.

(3)

A systematic statistical approach to numbers of samples to be taken in each coordinated monitoring exercise is necessary. Such an approach has been set out by the Codex Alimentarius Commission (3). On the basis of a binomial probability distribution, it can be calculated that examination of 613 samples allows with a certainty of more than 99 %, the detection of a sample containing pesticide residues above the limit of determination (LOD), provided that less than 1 % of products of plant origin contain residues above that limit. Collection of these samples should be apportioned between Member States on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.

(4)

Guidelines concerning ‘Quality Control Procedures for Pesticide Residue Analysis’ are published on the Commission website (4). It is agreed that these guidelines should be applied as far as possible by the analytical laboratories of the Member States and should be reviewed continuously in the light of experience gained in the monitoring programmes.

(5)

Commission Directive 2002/63/EC establishes Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (5). The sampling methods and procedures laid down in this Directive incorporate those recommended by the Codex Alimentarius Commission.

(6)

Directives 86/362/EEC and 90/642/EEC require Member States to specify the criteria applied in drawing up their national inspection programmes. Such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied, the criteria by which the reporting levels have been fixed and details of accreditation under the Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004, animal health and animal welfare rules on official controls performed to ensure the verification of compliance with feed and food law (6). The number and type of infringements and the action taken should also be indicated.

(7)

Maximum residue levels for baby food have been established in accordance with Article 6 of Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (7) and Article 6 of Commission Directive 96/5/EC, Euratom of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (8).

(8)

Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatics methods. Formats have been developed for supply of data by e-mail from the Member States. Member States should therefore be able to send their reports to the Commission in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines by the Commission.

(9)

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

HEREBY RECOMMENDS:

1.

Member States are invited, during the year 2006, to take and analyse samples for the product/pesticide residue combinations set out in Annex I, on the basis of the number of samples of each product allocated to them in Annex II, reflecting as appropriate, national, Community and third country share of the Member State's market.

The sampling procedure, including the number of units, should be in line with Commission Directive 2002/63/EC.

2.

For pesticides posing an acute risk i.e. where an ARfD is set (e.g. OP-esters, endosulfan and N-methylcarbamates) sampling should be done in such a way to allow the selection of two laboratory samples. If the first laboratory sample contains a detectable residue of a targeted pesticide, the units of the second sample should be analysed individually. This applies to the following products:

Aubergines

Grapes (9)

Bananas

Pepper

Of these products a reasonable number of samples should also be subjected to individual analysis of the individual units within the second laboratory sample in case such pesticides are detected in the first sample and particularly if it is the produce of a single producer.

3.

Of the total amount of samples as given according to Annex I and II, each Member State should take and analyse:

(a)

at least ten samples of baby food based mainly on vegetables, fruits or cereals;

(b)

a number of samples (with a minimum of one sample, where available) from produce originating from organic farming that reflects the market share of organic produce in each Member State.

4.

Member States are invited to report the results of the analysis of samples tested for the product/pesticide residue combinations set out in Annex I by 31 August 2007 at the latest, indicating:

(a)

The analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the Quality Control Procedures for Pesticide Residue Analysis;

(b)

The number and type of infringements and the action taken.

5.

The report should be produced in a format — including the electronic format — conforming to the guidance to the Member States with regard to implementation of Commission recommendations concerning coordinated Community monitoring programmes provided by the Standing Committee on the Food Chain and Animal Health.

The result on samples of baby food and on samples taken from produce originating from organic farming should be reported in separate datasheets.

6.

Member States are invited to send to the Commission and to the other Member States, by 31 August 2006 at the latest, the information required under Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2005 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:

(a)

The results of their national programmes concerning pesticide residues;

(b)

Information on their laboratories quality control procedures and, in particular, information concerning aspects of the guidelines concerning Quality Control Procedures for Pesticide Residue Analysis which they have not been able to apply or have had difficulty in applying;

(c)

Information on accreditation in accordance with the provisions of Article 12 of Regulation (EC) No 882/2004 (including scope of the accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses;

(d)

Information about the proficiency tests and ring tests in which the laboratory has participated.

7.

Member States are invited to send to the Commission, by 30 September 2006 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2007, including information on:

(a)

The criteria applied in determining the number of samples to be taken and analyses to be carried out,

(b)

The reporting levels applied and the criteria by which the reporting levels have been fixed, and

(c)

Details of accreditation, under Regulation (EC) No 882/2004, of the laboratories carrying out analyses.

Done at Brussels, 18 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/76/EC (OJ L 293, 9.11.2005, p. 14).

(2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/76/EC.

(3)  Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol. 2, p. 372.

(4)  Document number SANCO/10476/2003, http://europa.eu.int/comm/food/plant/protection/resources/qualcontrol_en.pdf

(5)  OJ L 187, 16.7.2002, p. 30.

(6)  OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1.

(7)  OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 2003/14/EC (OJ L 41, 14.2.2003, p. 37).

(8)  OJ L 49, 28.2.1996, p. 17. Directive as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).

(9)  For grapes the unit (i.e. standard bunch) is considered to have a size of about 500 g.


ANNEX I

PESTICIDE/PRODUCT COMBINATIONS TO BE MONITORED

Pesticide residue to be analysed for

 

2006

2007 (1)

2008 (1)

Acephate

(b)

(c)

(a)

Acetamiprid

 

(c)

(a)

Aldicarb

(b)

(c)

(a)

Azinphos-methyl

(b)

(c)

(a)

Azoxystrobin

(b)

(c)

(a)

Benomyl group

(b)

(c)

(a)

Bifenthrin

(b)

(c)

(a)

Bromopropylate

(b)

(c)

(a)

Bupirimate

(b)

(c)

(a)

Buprofezin

 

(c)

(a)

Captan + Folpet

Captan

Folpet

(b)

(c)

(a)

Carbaryl

(b)

(c)

(a)

Chlormequat (2)

(b)

(c)

(a)

Chlorothalonil

(b)

(c)

(a)

Chlorpropham

(b)

(c)

(a)

Chlorpyriphos

(b)

(c)

(a)

Chlorpyriphos-methyl

(b)

(c)

(a)

Cypermethrin

(b)

(c)

(a)

Cyprodinil

(b)

(c)

(a)

Deltamethrin

(b)

(c)

(a)

Diazinon

(b)

(c)

(a)

Dichlofluanid

(b)

(c)

(a)

Dichlorvos

 

(c)

(a)

Dicofol

(b)

(c)

(a)

Dimethoate + Omethoate

Dimethoate

Omethoate

(b)

(c)

(a)

Diphenylamine

(b)

(c)

(a)

Endosulfan

(b)

(c)

(a)

Fenhexamid

(b)

(c)

(a)

Fenitrothion

 

(c)

(a)

Fludioxonil

(b)

(c)

(a)

Hexythiazox

 

(c)

(a)

Imazalil

(b)

(c)

(a)

Imidacloprid

(b)

(c)

(a)

Indoxacarb

 

(c)

(a)

Iprodione

(b)

(c)

(a)

Iprovalicarb

 

(c)

(a)

Kresoxim-methyl

(b)

(c)

(a)

Lambda-cyhalothrin

(b)

(c)

(a)

Malathion

(b)

(c)

(a)

Maneb group

(b)

(c)

(a)

Mepanipyrim

 

(c)

(a)

Metalaxyl

(b)

(c)

(a)

Methamidophos

(b)

(c)

(a)

Methidathion

(b)

(c)

(a)

Methiocarb

(b)

(c)

(a)

Methomyl

(b)

(c)

(a)

Myclobutanil

(b)

(c)

(a)

Oxydemeton-methyl

(b)

(c)

(a)

Parathion

(b)

(c)

(a)

Penconazole

 

(c)

(a)

Phosalone

(b)

(c)

(a)

Pirimicarb

(b)

(c)

(a)

Pirimiphos-methyl

(b)

(c)

(a)

Prochloraz

 

(c)

(a)

Procymidone

(b)

(c)

(a)

Profenofos

 

(c)

(a)

Propargite

(b)

(c)

(a)

Pyretrins

(b)

(c)

(a)

Pyrimethanil

(b)

(c)

(a)

Pyriproxyfen

 

(c)

(a)

Quenoxifen

 

(c)

(a)

Spiroxamine

(b)

(c)

(a)

Tebuconazole

 

(c)

(a)

Tebufenozide

 

(c)

(a)

Thiabendazole

(b)

(c)

(a)

Tolcloflos-methyl

(b)

(c)

(a)

Tolylfluanid

(b)

(c)

(a)

Triademefon + Triadimenol

Triademefon

Triadimenol

(b)

(c)

(a)

Vinclozolin

(b)

(c)

(a)

(a)

Beans (fresh or frozen), carrots, cucumber, oranges or mandarins, pears, potatoes, rice, spinach (fresh or frozen).

(b)

Aubergines, bananas, cauliflower, grapes, orange juice (), peas (fresh/frozen, without pod), peppers (sweet), wheat.

(c)

Apples, head cabbage, leek, lettuce tomatoes, peaches including nectarines and similar hybrids; rye or oats, strawberries.


(1)  Indicative for 2007 and 2008, subject to programmes which will be recommended for these years.

(2)  Chlormequat should be analysed in cereals, carrots, fruiting vegetables and pears.

(3)  For orange juice Member States should specify the source (concentrates or fresh fruits).


ANNEX II

Number of samples of each product to be taken and analysed by each Member State.

Code country

Samples

AT

12 (1)

15 (2)

BE

12 (1)

15 (2)

CY

12 (1)

15 (2)

CZ

12 (1)

15 (2)

DE

93

DK

12 (1)

15 (2)

ES

45

EE

12 (1)

15 (2)

EL

12 (1)

15 (2)

FR

66

FI

12 (1)

15 (2)

HU

12 (1)

15 (2)

IT

65

IE

12 (1)

15 (2)

LU

12 (1)

15 (2)

LT

12 (1)

15 (2)

LV

12 (1)

15 (2)

MT

12 (1)

15 (2)

NL

17

PT

12 (1)

15 (2)

PL

45

SE

12 (1)

15 (2)

SI

12 (1)

15 (2)

SK

12 (1)

15 (2)

UK

66

Total minimum number of samples: 613


(1)  Minimum number of samples for each single residue method applied.

(2)  Minimum number of samples for each multi-residue method applied.


24.1.2006   

EN

Official Journal of the European Union

L 19/30


COMMISSION DECISION

of 16 January 2006

on special conditions governing meat and meat products of equidae imported from Mexico and intended for human consumption

(notified under document number C(2006) 16)

(Text with EEA relevance)

(2006/27/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Article 22(1) thereof,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2), and in particular Article 53(1) thereof,

Whereas:

(1)

In accordance with Directive 97/78/EC and Regulation (EC) No 178/2002, the necessary measures must be adopted as regards imports of products from third countries that are likely to cause any serious hazard for animal or human health or where such a hazard is spreading.

(2)

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (3) prohibits imports from third countries of animals and of meat and meat products obtained from animals to which such substances have been administered, except in the case of administration for therapeutic purposes or zootechnical treatment.

(3)

Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (4) provides for a list of substances that cannot be used for meat production and a list of substances for which maximum residue limits have been fixed. It also provides for a list of certain veterinary medicinal products for which provisional maximum residue limits have been fixed. Those products could be present in meat from equidae.

(4)

The latest Community inspection visit to Mexico has revealed serious shortcomings in the capacity of the Mexican authorities to carry out reliable checks of meat of equidae, in particular to detect substances prohibited by Directive 96/22/EC.

(5)

That inspection also revealed serious shortcomings as regards controls of the market in veterinary medicines, including non-authorised products. Those shortcomings enable prohibited substances to be used easily in horse-meat production. Those substances could therefore be present in the meat and meat products of equidae intended for human consumption. The presence of those substances in food presents a potential serious risk for human health.

(6)

Member States should carry out the appropriate controls on meat and meat products of equidae imported from Mexico on arrival at the Community border in order to prevent such meat and meat products of equidae that are unfit for human consumption from being placed on the market.

(7)

Regulation (EC) No 178/2002 sets up the rapid alert system, which should be used to implement the mutual information requirement provided for in Article 22(2) of Directive 97/78/EC. In addition, Member States will keep the Commission informed through periodical reports of all analytical results of official controls carried out in respect of consignments of meat and meat products of equidae from Mexico.

(8)

This Decision should be reviewed in the light of the guarantees offered by the competent Mexican authorities and on the basis of the results of the tests carried out by Member States.

(9)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision shall apply to meat and meat products of equidae imported from Mexico and intended for human consumption (meat and meat products of equidae).

Article 2

Official controls

1.   Member States shall, using appropriate sampling plans and detection methods, ensure in accordance with Directive 96/22/EC that each consignment of meat and meat products of equidae undergoes hazard-based official controls in particular for the presence of certain substances having a hormonal action and beta-agonists used for growth promotion purposes.

2.   Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of products covered by paragraph 1. This report shall be submitted during the month following each quarter (April, July, October, and January).

Article 3

Charging of expenditure

All expenditure incurred in the application of this Decision shall be charged to the consignor, the consignee or the agent of either.

Article 4

Compliance

Member States shall immediately inform the Commission of the measures they take to comply with this Decision.

Article 5

Review

This Decision shall be reviewed on the basis of the guarantees provided by the competent Mexican authorities and of the results of the official controls referred to in Article 2.

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 16 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1).

(2)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(3)  OJ L 125, 23.5.1996, p. 3. Directive as last amended by Directive 2003/74/EC of the European Parliament and of the Council (OJ L 262, 14.10.2003, p. 17).

(4)  OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1518/2005 (OJ L 244, 20.9.2005, p. 11).


24.1.2006   

EN

Official Journal of the European Union

L 19/32


COMMISSION DECISION

of 18 January 2006

on extension of the maximum period for applying eartags to certain bovine animals

(notified under document number C(2006) 43)

(Text with EEA relevance)

(2006/28/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (1), and in particular Article 4(2) thereof,

Having regard to the requests from Member States,

Whereas:

(1)

Certain Member States have requested, pursuant to Regulation (EC) No 1760/2000, that the maximum period laid down for applying eartags to bovine animals be extended to six months where the animals are kept under specific management conditions and where the area's specific natural handicaps and the animals' highly aggressive behaviour make it difficult and even dangerous to apply eartags in the 20 days after the animals are born.

(2)

Extension of the maximum period for applying eartags should be allowed in those circumstances and subject to certain safeguards. In particular, it is necessary to ensure that the quality of information provided by the database for bovine animals is not adversely affected and that no bovine animals to which eartags have not been applied are moved.

(3)

This extension should apply only to holdings that have been individually authorised by the Member State concerned in accordance with clearly defined criteria.

(4)

Since the measures provided for in this Decision should apply to all Member States, Commission Decision 98/589/EC of 12 October 1998 concerning an extension of the maximum period laid down for the application of eartags to certain bovine animals belonging to the Spanish herd (2), which sets out specific provisions for Spain, should be repealed.

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund,

HAS ADOPTED THIS DECISION:

Article 1

Authorisation for extension of the tagging period

Member States may authorise holdings to extend to six months the maximum period laid down in the first subparagraph of Article 4(2) of Regulation (EC) No 1760/2000 for applying eartags to calves of suckler cows that are not used for milk production, provided that the conditions set out in Articles 2 to 5 of this Decision are met.

Article 2

Conditions for granting authorisation

1.   Member States may grant authorisations as provided for in Article 1 where they are satisfied that the following conditions are fulfilled:

(a)

the holding is a free-range farm where suckler cows are reared under extensive conditions;

(b)

the area where the animals are kept features significant natural handicaps that result in reduced physical contact with humans;

(c)

the animals are not accustomed to regular contact with humans and show highly aggressive behaviour;

(d)

when the eartags are applied, each calf can be clearly assigned to its mother.

2.   Member States may lay down additional criteria, in particular to restrict authorisations, as provided for in Article 1, to particular geographical regions or specific breeds.

3.   Member States shall notify the Commission if they apply this Decision and inform it of any additional criteria they lay down in accordance with paragraph 2.

Article 3

Tagging

On holdings granted authorisations as provided for in Article 1, the eartags shall be applied at the latest when the calf:

reaches the age of six months,

is separated from its mother,

leaves the holding.

Article 4

Computerised database

1.   The competent authority shall record in the computerised database for bovine animals referred in Article 5 of Regulation (EC) No 1760/2000 authorisations as provided for in Article 1 of this Decision in respect of the holdings to which they are granted.

2.   Keepers shall, when reporting the birth of each animal in accordance with Article 7(1) of Regulation (EC) No 1760/2000, inform the competent authority of any animal to which, pursuant to this Decision, eartags have not yet been applied.

3.   The competent authority shall record animals to which eartags have not been applied at the time their birth and report as untagged animals in the computerised database for bovine animals.

Article 5

Controls

The competent authority shall, each year, carry out at least one inspection visit on each holding granted an authorisation pursuant to Article 1. It shall withdraw the authorisation if the conditions referred to in Article 2 are no longer fulfilled.

Article 6

Repeal

Decision 98/589/EC is repealed.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 18 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)  OJ L 204, 11.8.2000, p. 1. Regulation as amended by the 2003 Act of Accession.

(2)  OJ L 283, 21.10.1998, p. 19. Decision as amended by Decision 1999/520/EC (OJ L 199, 30.7.1999, p. 72).


Acts adopted under Title V of the Treaty on European Union

24.1.2006   

EN

Official Journal of the European Union

L 19/34


COUNCIL COMMON POSITION 2006/29/CFSP

of 23 January 2006

repealing Common Position 96/184/CFSP concerning arms exports to the former Yugoslavia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)

On 26 February 1996 the Council adopted Common Position 96/184/CFSP (1) concerning arms exports to the former Yugoslavia, which has been amended several times. Consequently, the arms embargo imposed in 1996 applies only to Bosnia and Herzegovina.

(2)

Developments in Bosnia and Herzegovina, including the fact that Bosnia and Herzegovina has now adopted, and is implementing, legislation on exports, imports and transit of arms which meets the appropriate EU standards, justify a lifting of the restrictive measures taken against that State pursuant to Common Position 96/184/CFSP.

(3)

Furthermore, on 21 November 2005, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina on a Stabilisation and Association Agreement.

(4)

Common Position 96/184/CFSP should therefore be repealed, on the understanding that the Member States rigorously apply the EU Code of Conduct on arms exports adopted on 8 June 1998, and, as regards exports to the former Yugoslavia, take into account the objectives of the EU policy in the region, which is aimed fundamentally at pacification and stabilisation in the area, including the need for arms control, reduction of arms to the lowest possible level and confidence-building measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 96/184/CFSP shall be repealed.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 23 January 2006.

For the Council

The President

J. PRÖLL


(1)  OJ L 58, 7.3.1996, p. 1. Common position as last amended by Common Position 2001/719/CFSP (OJ L 268, 9.10.2001, p. 49).


24.1.2006   

EN

Official Journal of the European Union

L 19/36


COUNCIL COMMON POSITION 2006/30/CFSP

of 23 January 2006

renewing and supplementing the restrictive measures imposed against Côte d'Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)

On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d'Ivoire (1) in order to implement the measures imposed against Côte d'Ivoire by the United Nations Security Council Resolution (UNSCR) 1572(2004). In accordance with that Resolution, these measures applied until 15 December 2005.

(2)

In the light of the recent developments in Côte d'Ivoire, the UN Security Council on 15 December 2005 adopted Resolution 1643(2005) renewing the restrictive measures imposed by UNSCR 1572(2004) for a further period of 12 months.

(3)

The measures imposed by Common Position 2004/852/CFSP should therefore be renewed for a further period of 12 months with effect from 16 December 2005, in order to give effect to UNSCR 1643(2005).

(4)

In addition to these measures, paragraph 6 of UNSCR 1643(2005) requires that measures be taken to prevent the import of all rough diamonds from Côte d'Ivoire. The Community is already applying these measures by virtue of Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process Certification Scheme for the international trade in rough diamonds (2),

HAS ADOPTED THIS COMMON POSITION:

Article 1

The measures imposed by Common Position 2004/852/CFSP shall be applied for a further period of 12 months, unless the Council decides otherwise in accordance with any future relevant UN Security Council Resolution.

Article 2

In addition to the measures referred to in Article 1, the direct or indirect import of all rough diamonds from Côte d'Ivoire to the Community, whether or not such diamonds originated in Côte d'Ivoire, shall be prohibited in accordance with UNSCR 1643(2005).

Article 3

This Common Position shall take effect on the date of its adoption.

It shall be applicable from 16 December 2005 until 15 December 2006.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 23 January 2006.

For the Council

The President

J. PRÖLL


(1)  OJ L 368, 15.12.2004, p. 50.

(2)  OJ L 358, 31.12.2002, p. 28. Regulation as last amended by Commission Regulation (EC) No 1574/2005 (OJ L 253, 29.9.2005, p. 11).


24.1.2006   

EN

Official Journal of the European Union

L 19/38


COUNCIL COMMON POSITION 2006/31/CFSP

of 23 January 2006

renewing the restrictive measures imposed against Liberia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)

On 10 February 2004, the Council adopted Common Position 2004/137/CFSP concerning restrictive measures against Liberia (1) in order to implement the measures imposed against Liberia by the United Nations Security Council Resolution (UNSCR) 1521(2003).

(2)

On 22 December 2004, the Council adopted Common Position 2004/902/CFSP (2) extending Common Position 2004/137/CFSP for a 12-month period, in accordance with UNSCR 1579(2004).

(3)

In the light of the developments in Liberia, the UN Security Council on 20 December 2005 adopted Resolution 1647(2005) renewing the restrictive measures on arms and travel imposed by UNSCR 1521(2003) for a further period of 12 months and renewing the restrictive measures on diamonds and timber imposed by UNSCR 1521 (2003) for a further period of six months.

(4)

The measures imposed by Common Position 2004/137/CFSP should therefore be renewed with effect from 23 December 2005 in order to give effect to UNSCR 1647(2005),

HAS ADOPTED THIS COMMON POSITION:

Article 1

1.   The measures imposed by Articles 1 and 2 of Common Position 2004/137/CFSP shall be applied for a further period of 12 months, unless the Council decides otherwise in accordance with any future relevant UN Security Council Resolution.

2.   The measures imposed by Articles 3 and 4 of Common Position 2004/137/CFSP shall be applied for a further period of six months, unless the Council decides otherwise in accordance with any future relevant UN Security Council Resolution.

Article 2

This Common Position shall take effect on the date of its adoption.

It shall be applicable from 23 December 2005 until 22 December 2006.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 23 January 2006.

For the Council

The President

J. PRÖLL


(1)  OJ L 40, 12.2.2004, p. 35.

(2)  OJ L 379, 24.12.2004, p. 113.