28.1.2006   

EN

Official Journal of the European Union

L 25/1

(1)

On 20 December 1996 the Council adopted Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products (1). Community demand for the products in question is to be met under the most favourable conditions. New Community tariff quotas should therefore be opened at reduced or zero rates of duty for appropriate volumes, and certain existing tariff quotas should be extended, without disturbing the markets for these products.

(2)

Since the quota amount for certain Community tariff quotas is insufficient to meet the needs of Community industry for the current quota period, these tariff quotas should be increased with effect from 1 January 2005 and adjusted with effect from 1 January 2006.

(3)

It is no longer in the Community’s interest to continue to grant Community tariff quotas in 2006 for certain products on which duties were suspended in 2005. These products should therefore be removed from the table in Annex I to Regulation (EC) No 2505/96.

(4)

In view of the many changes to be made, the entire text of Annex I to Regulation (EC) No 2505/96 should be replaced in the interests of clarity.

(5)

Regulation (EC) No 2505/96 should therefore be amended accordingly.

(6)

In view of the economic importance of this Regulation, it is necessary to rely upon the grounds of urgency provided for in point I.3 of the Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Communities on the role of national parliaments in the European Union.

(7)

Since the Annex to this Regulation is to apply from 1 January 2006, it should enter into force immediately,

—

the quota amount of tariff quota 09.2603 is fixed at 3 900 tonnes at a 0 % rate of duty,

—

the quota amount of tariff quota 09.2975 is fixed at 540 tonnes at a 0 % rate of duty.

—

the quota amount of tariff quota 09.2002 is fixed at 600 tonnes,

—

the quota amount of tariff quota 09.2003 is fixed at 1 400 000 units,

—

the quota amount of tariff quota 09.2030 is fixed at 300 tonnes,

—

the quota amount of tariff quota 09.2603 is fixed at 4 500 tonnes,

—

the quota amount of tariff quota 09.2612 is fixed at 1 500 tonnes,

—

the quota amount of tariff quota 09.2624 is fixed at 425 tonnes,

—

the quota amount of tariff quota 09.2837 is fixed at 600 tonnes,

—

the quota amount of tariff quota 09.2975 is fixed at 600 tonnes,

—

the quota amount of tariff quota 09.2979 is fixed at 800 000 units.

28.1.2006   

EN

Official Journal of the European Union

L 25/8

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

28.1.2006   

EN

Official Journal of the European Union

L 25/10

(1)

In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), Commission Regulation (EC) No 1819/2005 (4) adopted the distribution plan to be financed from resources available in the 2006 budget year. The plan lays down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies, and the grants for purchase of certain products on the market.

(2)

To take into account the specific necessities of Greece, the annual plan 2006 should be amended to authorise the withdrawal of rice in payment for cereals and cereal based products, in accordance with the fourth subparagraph of Article 4(1)(b) of Regulation (EEC) No 3149/92. Therefore the quantity of rice initially allocated to Greece, as set in Annex I to Regulation (EC) No 1819/2005, should be adapted accordingly.

(3)

Regulation (EC) No 1819/2005 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,

1.

part (b) is replaced by the text set out in Annex I to this Regulation;

2.

the text set out in Annex II to this Regulation is added as part (c).

28.1.2006   

EN

Official Journal of the European Union

L 25/12

(1)

In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter from intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.

(2)

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

28.1.2006   

EN

Official Journal of the European Union

L 25/14

(1)

In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter of intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.

(2)

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

28.1.2006   

EN

Official Journal of the European Union

L 25/16

(1)

Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

According to Article 30 of the said Regulation, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. The amount of the processing security shall also be fixed taking account of the difference between the market price of skimmed-milk powder and the minimum selling price.

(3)

In the light of the tenders received, the minimum selling price should be fixed at the level specified below and the processing security determined accordingly.

(4)

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

28.1.2006   

EN

Official Journal of the European Union

L 25/17

(1)

In accordance with Article 47 of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 54 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 %.

(2)

An end-use security provided for in Article 53(4) of Regulation (EC) No 1898/2005 is to be lodged to ensure the taking over of the concentrated butter by the retail trade.

(3)

In the light of the tenders received, the maximum aid should be fixed at the appropriate level and the end-use security should be determined accordingly.

(4)

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

28.1.2006   

EN

Official Journal of the European Union

L 25/18

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 214/2001.

(3)

In the light of the tenders received, a minimum selling price should be fixed.

(4)

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

28.1.2006   

EN

Official Journal of the European Union

L 25/19

(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 111/2006 (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,

28.1.2006   

EN

Official Journal of the European Union

L 25/21

28.1.2006   

EN

Official Journal of the European Union

L 25/24

(1)

In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 7 December 1998 an application from SKW Trostberg AG (on behalf of the Taskforce SKW Trosberg AG (Degussa AG) and Kyowa Hakko Kogyo Co.Ltd.) for the inclusion of the active substance forchlorfenuron in Annex I to Directive 91/414/EEC. Commission Decision 2000/181/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

(2)

The Netherlands received an application under Article 6(2) of Directive 91/414/EEC on 6 October 1997 from DuPont de Nemours for the inclusion of the active substance indoxacarb in Annex I to Directive 91/414/EEC. Commission Decision 1998/398/EC (3) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

(3)

For those active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The designated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 2 March 2001 (forchlorfenuron) and 7 February 2000 (indoxacarb).

(4)

The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 23 September 2005 in the format of the Commission review reports for forchlorfenuron and indoxacarb.

(5)

The review of forchlorfenuron did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants or of the European Food Safety Authority which has taken over the role of that Committee.

(6)

For indoxacarb, two questions were submitted to the Scientific Committee on Plants (SCP). The SCP was asked to comment on the NOEL (No observed effect level) for effects on red blood cells in rats and on the adequate basis for the derivation of an Acute Reference Dose (ARfD) for indoxacarb.

In its opinion (4) the SCP stated that the changes observed in some Red Blood Cells parameters were generally slight and not accompanied by significant reticulocytosis, giving the overall picture of a mild haemolytic effect. While a clear NOEL could not be established, the SCP concluded on a dose up to which the effects observed are not adverse.

The SCP furthermore replied that the general and non-specific signs of toxicity observed in the acute neurotoxicity study in rats can be used as a basis for the derivation of the ARfD.

(7)

The recommendations of the SCP were taken into account during the further review by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health, in this Directive and in the Review Report. This evaluation established the relevant endpoints (ARfD and Acceptable daily intake = ADI) on the basis of the exposure levels identified by the SCP.

(8)

It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1) (a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include forchlorfenuron and indoxacarb in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances may be granted in accordance with the provisions of that Directive.

(9)

Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing provisional authorisations of plant protection products containing forchlorfenuron or indoxacarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

(10)

The inclusion of forchlorfenuron in Annex I to Directive 91/414/EEC is based on a dossier covering the use of this active substance on kiwi fruits. Other uses are currently not adequately supported by data from the notifier and not all of the risks from such uses have shown to be adequately addressed under the criteria required by Annex VI to that Directive. If Member States are to grant authorisations for other uses, they should therefore require the data and information necessary to prove that the uses are compatible with the criteria in Directive 91/414/EEC, in particular concerning the effect on human consumers and the environment.

(11)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

(12)

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

(a)

in the case of a product containing forchlorfenuron or indoxacarb as the only active substance, where necessary, amend or withdraw the authorisation by 30 September 2007 at the latest; or

(b)

in the case of a product containing forchlorfenuron or indoxacarb as one of several active substances, where necessary, amend or withdraw the authorisation by 30 September 2007 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

28.1.2006   

EN

Official Journal of the European Union

L 25/28

(1)

By Decision 97/787/EC (2) the Council provided exceptional financial assistance for Armenia and Georgia in the form of long-term loans and grants.

(2)

By Decision 2000/244/EC the Council provided exceptional financial assistance for Tajikistan and extended the implementation period of the assistance to Armenia and Georgia until 2004.

(3)

In case of Georgia, the objectives of the assistance have not been fully met, owing to an unsatisfactory economic policy environment in the country during most of the implementation period.

(4)

Therefore, only EUR 31,5 million of the total grant component of EUR 65 million for Georgia was committed and paid under the exceptional financial assistance.

(5)

The present authorities of Georgia are committed to economic stabilisation and structural reforms, supported by the International Monetary Fund (IMF) through a three-year arrangement under the Poverty Reduction and Growth Facility (PRGF) which was approved on 4 June 2004 for a total amount of SDR 98 million. Subsequently, the Paris Club creditors agreed on 21 July 2004 to a restructuring of Georgia’s bilateral official debt on the Houston terms.

(6)

The new Government of Georgia also received strong support from the international community at the donors’ conference held in Brussels on 16 June 2004.

(7)

The World Bank approved in June 2004 a USD 24 million Reform Support Credit, and will continue its assistance to Georgia under a new Country Partnership Strategy in the form of Poverty Reduction Support Operations.

(8)

The Georgian authorities have expressed their intention to pursue early debt repayments to the Community with a view to improving debt sustainability.

(9)

As EU-Georgia relations are developing within the framework of the European Neighbourhood Policy, which is expected to lead to deeper economic integration, Community support for the government’s economic reform programme is considered appropriate.

(10)

Making available an amount equivalent to the uncommitted grant component of the exceptional financial assistance, which would support the country’s economic reforms and help reduce external indebtedness, is an appropriate contribution by the Community to the implementation of poverty reduction and growth strategies in Georgia.

(11)

In order to ensure efficient protection of the Community’s financial interests in connection with the present macro-financial assistance, it is necessary to provide for appropriate measures by Georgia in relation to the prevention of and the fight against fraud, corruption and any other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors.

(12)

The Commission services, with the support of duly mandated external experts, carried out in October 2004 an operational assessment of the financial circuits and administrative procedures at the Ministry of Finance of Georgia and the National Bank of Georgia to ascertain the existence of a framework for sound financial management.

(13)

The release of this grant assistance is without prejudice to the powers of the budgetary authority.

(14)

The Commission has consulted the Economic and Financial Committee before submitting its proposal.

(15)

The Treaty provides for no powers, other than those of Article 308 thereof, for the adoption of this Decision,

28.1.2006   

EN

Official Journal of the European Union

L 25/31

(1)

Under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.

(2)

By letter registered with the Secretariat-General of the Commission on 16 March 2005, Latvia requested authorisation to extend the application of a derogation measure on timber transactions.

(3)

In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 10 May 2005 of the request made by Latvia. By letter dated 31 May 2005, the Commission notified Latvia that it had all the information it considered necessary for appraisal of the request.

(4)

The timber market in Latvia is dominated by small local companies and individual suppliers. The nature of the market and businesses involved have generated tax fraud which the tax authorities have found difficult to control. In order to combat this abuse, a special provision was included in Latvia’s law on VAT, laying down that the person liable to pay tax is, under certain circumstances, the taxable person for whom the taxable supply of goods or services is carried out.

(5)

Article 21(1) of Directive 77/388/EEC, in the version set out in Article 28g of the said Directive, stipulates that under the internal system the taxable person supplying goods or services is normally liable for payment of the tax. However, the 2003 Act of Accession, and in particular Chapter 7, point 1(b) of Annex VIII thereto, authorised Latvia for a limited period to continue to apply its procedure for charging VAT on timber transactions.

(6)

The Commission understands that this arrangement has effectively enabled Latvia to reduce the risk of VAT evasion and to simplify the procedure for charging the tax in the timber market.

(7)

The derogation has no adverse impact on the Communities’ own resources accruing from VAT,