11.2.2006   

EN

Official Journal of the European Union

L 40/1

(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,

11.2.2006   

EN

Official Journal of the European Union

L 40/3

(1)

The Commission is required, pursuant to Regulation (EC) No 2320/2002, to adopt measures for the implementation of common basic standards for aviation security throughout the European Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act containing such measures.

(2)

There is a need for measures giving greater precision to the common basic standards.

(3)

In accordance with Regulation (EC) No 2320/2002 and in order to prevent unlawful acts, the measures laid down in the Annex to Regulation (EC) No 622/2003 should be secret and should not be published. The same rule necessarily applies to any amending act.

(4)

Regulation (EC) No 622/2003 should be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

11.2.2006   

EN

Official Journal of the European Union

L 40/5

(1)

The classification of a colour plasma-screen with installation diskettes in Commission Regulation (EC) No 1004/2001 of 22 May 2001 concerning the classification of certain goods in the Combined Nomenclature (2) has led to classifications under CN code 8528 21 90 for the plasma-screen and 8524 91 00 for the installation diskettes. Since Note 6 to Chapter 85 of the Combined Nomenclature was amended with effect from 1 January 2002 and in view of the fact that the HS Committee agreed in October 2004 on the interpretation of this Note, Regulation (EC) No 1004/2001 is to be considered as incorrect.

(2)

Regulation (EC) No 1004/2001 should therefore be amended accordingly.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

11.2.2006   

EN

Official Journal of the European Union

L 40/7

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, pursuant to Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

11.2.2006   

EN

Official Journal of the European Union

L 40/9

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2005 to 30 June 2006 at 11 500 t.

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

11.2.2006   

EN

Official Journal of the European Union

L 40/10

(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 232/2006 (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,

11.2.2006   

EN

Official Journal of the European Union

L 40/12

(1)

In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.

(3)

The application of the above criteria gives the world market price for unginned cotton determined hereinafter,

11.2.2006   

EN

Official Journal of the European Union

L 40/13

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 7 February 2006, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

11.2.2006   

EN

Official Journal of the European Union

L 40/15

(1)

Article 93 of the Europe Agreement establishes that the Parties shall cooperate with the aim of achieving full compatibility of the systems of consumer protection in Bulgaria and the Community. To this end, cooperation shall comprise, amongst other things and within existing possibilities, the exchange of information and access to Community databases.

(2)

Article 12(4) of Directive 2001/95/EC establishes that access to RAPEX shall be open to applicant countries, within the framework of agreements between the Community and those countries, according to arrangements defined in these agreements. Any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the Community.

(3)

Annex II of Directive 2001/95/EC establishes the procedures for the application of RAPEX and guidelines for notification.

(4)

The Commission has adopted guidelines for the management of RAPEX, as required by point 8 of Annex II to Directive 2001/95/EC, on 29 April 2004 (2).

(5)

Bulgaria has actively participated, from its start in May 1999, in TRAPEX (Transitional system for rapid exchange of information), the system that mirrors the activities of RAPEX for the applicant countries,

11.2.2006   

EN

Official Journal of the European Union

L 40/17

(1)

Under the terms of the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe (1), the Contracting Parties are to enter into negotiations, before the period of validity of the Protocol to the Agreement expires, to determine by mutual agreement the contents of the Protocol for the period that follows and, where applicable, the amendments or additions to be made to the Annex thereto.

(2)

Pending negotiations on changes to be made to the existing Protocol approved by Council Regulation (EC) No 2348/2002 of 9 December 2002 on the conclusion of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe (2), the Parties have decided to extend its validity for a further year by means of an Agreement in the form of an Exchange of Letters.

(3)

The Exchange of Letters provides Community fishermen with fishing opportunities in waters under the sovereignty or jurisdiction of São Tomé and Príncipe from 1 June 2005 to 31 May 2006.

(4)

It is essential that the extension be applied as soon as possible in order to avoid interrupting the fishing activities of Community vessels. The Agreement in the form of an Exchange of Letters should therefore be signed and applied on a provisional basis pending the completion of the procedures required to conclude it.

(5)

The allocation of fishing opportunities among the Member States under the expired Protocol should be confirmed,

(a)

tuna seiners:

(b)

pole-and-line tuna vessels:

(c)

surface longliners:

11.2.2006   

EN

Official Journal of the European Union

L 40/21

(1)

Directive 2000/29/EC provides for a Community financial contribution to be granted to Member States in order to strengthen inspection infrastructures for plant-health checks on plants and plant products coming from third countries.

(2)

Germany and Portugal have each established a programme to strengthen their inspection infrastructure for checks on plants and plant products coming from third countries. They have applied for the allocation of a Community financial contribution for 2006 for those programmes in accordance with Commission Regulation (EC) No 998/2002 of 11 June 2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a Community financial contribution for Member States in order to strengthen inspection infrastructures for plant health checks on plants and plant products coming from third countries (2).

(3)

The technical information provided for by Germany and Portugal has enabled the Commission to analyse the situation accurately and comprehensively. The Commission has prepared a list of eligible inspection posts strengthening programmes, which give details of the amount of the proposed Community financial contribution to each programme. The information has also been examined by the Standing Committee on Plant Health.

(4)

Each programme included in that list has been individually assessed for approval. The Commission has concluded that the conditions and criteria set out in Directive 2000/29/EC and Regulation (EC) No 998/2002 for the grant of a Community financial contribution have been met.

(5)

Accordingly, it is appropriate to allocate a Community financial contribution to cover the expenditure of those programmes for 2006 by Germany and Portugal.

(6)

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

(a)

EUR 22 025: Germany;

(b)

EUR 23 600: Portugal.

(a)

evidence of the purchase and/or improvement of the equipment and/or facilities listed in the programme has been given by the Member State concerned to the Commission by appropriate documentation; and

(b)

a request for payment of the Community financial contribution has been submitted by the Member State concerned to the Commission, in accordance with the rules provided for in Article 3 of Regulation (EC) No 998/2002.

11.2.2006   

EN

Official Journal of the European Union

L 40/24

(1)

Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

(2)

Canada, New Zealand and the United States of America have requested that amendments be made to the entries for those countries on those lists as regards certain embryo collection and production teams.

(3)

Canada, New Zealand and the United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of those countries.

(4)

Decision 92/452/EEC should therefore be amended accordingly.

(5)

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

11.2.2006   

EN

Official Journal of the European Union

L 40/26

(1)

Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be spread from wild birds to domestic birds, notably poultry, and from one Member State to other Member States and third countries through the international trade in live birds or their products.

(2)

Greece has informed the Commission about the isolation of an H5 avian influenza virus collected from a clinical case in wild birds. Pending the determination of the neuraminidase (N) type and of the pathogenicity index, the clinical picture and the epidemiological circumstances allow the suspicion of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1.

(3)

Greece has without undue delay implemented certain measures foreseen in the framework of Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (4).

(4)

Given the disease risk, interim protection measures should be adopted in order to address the particular risks in different areas.

(5)

In the interests of consistency, it is appropriate to apply for the purposes of this Decision certain definitions provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (5), Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (6), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (7), Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (8).

(6)

Protection and surveillance zones should be established around the place where the disease was detected in wild birds. Those zones should be limited to what is necessary to prevent virus introduction into commercial and non-commercial poultry flocks.

(7)

It is appropriate to control and restrict the movement of, in particular, live birds and hatching eggs while allowing the controlled dispatch from the zones of such birds and products of avian origin subject to certain conditions.

(8)

The measures laid down in Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (9) should be implemented in protection and surveillance zones, independently of the defined risk status of the area where highly pathogenic avian influenza is suspected or confirmed in wild birds.

(9)

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (10) authorises the placing on the market of a range of animal by-products, such as gelatine for technical use, materials for pharmaceutical use and others, originating in areas of the Community under animal health restrictions, because those products are considered safe due to the specific conditions of production, processing and utilisation that effectively inactivate possible pathogens or prevent contact with susceptible animals. It is therefore appropriate to permit the transport from protection zones of unprocessed used litter or manure for the purposes of treatment in accordance with that Regulation and of animal by-products complying with the conditions set out therein.

(10)

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (11) provides for approved bodies, institutes and centres and a model certificate to accompany animals or their gametes between such approved premises in different Member States. A derogation from the transport restrictions should be envisaged for birds coming from and proceeding to bodies, institutes and centres approved in accordance with that Directive.

(11)

Transport of hatching eggs from the protection zones should be permitted under certain conditions. The dispatch of hatching eggs to other countries may be permitted subject in particular to compliance with the conditions referred to in Directive 2005/94/EC. In such cases the animal health certificates provided for in accordance with Directive 90/539/EEC should include a reference to this Decision.

(12)

The dispatch from protection zones of meat, minced meat, meat preparations and meat products should be permitted subject to certain conditions, in particular as regards compliance with certain requirements of Regulation (EC) No 853/2004 and of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (12).

(13)

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (13) establishes a list of treatments rendering meat from restricted areas safe, and provides for the possibility to establish a specific health mark and the health mark required for meat not authorised for placing on the market for animal health reasons. It is appropriate to permit the dispatch from the protection zones of meat bearing the health mark provided for in that Directive and meat products subjected to treatment referred to therein.

(14)

Pending the meeting of the Standing Committee on the Food Chain and Animal Health and in collaboration with the Member State concerned the Commission should take interim protection measures relating to highly pathogenic avian influenza in wild birds.

(15)

The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

(a)

‘hatching eggs’ means eggs as defined in Article 2(2) of Directive 90/539/EEC;

(b)

‘wild feathered game’ means game as defined in point 1.5, second indent, and point 1.7 of Annex I to Regulation (EC) No 853/2004;

(c)

‘other captive birds’ means birds as defined in point 6 of Article 2 of Directive 2005/94/EC, including:

(a)

a protection zone with a radius of at least three kilometres, and

(b)

a surveillance zone with a radius of at least 10 kilometres, including the protection zone.

(a)

the identification of all holdings within the zone;

(b)

periodic and documented visits to all commercial holdings a clinical inspection of poultry including, if necessary, the collection of samples for laboratory examination;

(c)

the implementation of appropriate on-farm biosecurity measures, including disinfection at the entrances and exits of the holding, the housing of the poultry or the confinement of poultry to places where the direct and indirect contact with other poultry and captive birds can be prevented;

(d)

the implementation of the biosecurity measures laid down in Decision 2005/734/EC;

(e)

the control of the movement of products from poultry in accordance with Article 9;

(f)

active disease monitoring in the population of wild birds, in particular water fowl, if necessary with the co-operation of hunters and bird-watchers who have been specifically instructed on measures to protect themselves from infection with the virus and to prevent the spread of the virus to susceptible animals;

(g)

campaigns to increase disease awareness amongst owners, hunters and bird-watchers.

(a)

the removal of poultry and other captive birds from the holding on which they are kept;

(b)

the assembly of poultry and other captive birds at fairs, markets, shows or other gatherings;

(c)

the transport through the zone of poultry and other captive birds, except transit on major roads or railways and transport to a slaughterhouse for direct slaughter;

(d)

the dispatch from the zone of hatching eggs;

(e)

the dispatch from the zone of fresh meat, minced meat, meat preparations and meat products from poultry and other captive birds and wild feathered game;

(f)

the transport or spread outside the zone of unprocessed used litter or manure from holdings within the zone, except the transport for treatment in accordance with Regulation (EC) No 1774/2002;

(g)

the hunting of wild birds.

(a)

the identification of all holdings within the zone;

(b)

the implementation of appropriate on-farm biosecurity measures, including the use of appropriate means of disinfection at the entrances and exits of the holding;

(c)

the implementation of the biosecurity measures laid down in Decision 2005/734/EC;

(d)

the control of movement of poultry and other captive birds and hatching egg within the zone.

(a)

movement of poultry and other captive birds out of the zone for the first 15 days following the establishment of the zone;

(b)

the assembly of poultry and other birds at fairs, markets, shows or other gatherings;

(c)

the hunting of wild birds.

(a)

poultry for immediate slaughter, including spent laying hens, to a slaughterhouse located in the protection zone or in the surveillance zone or, if that is not possible, to a slaughterhouse designated by the competent authority outside the zones;

(b)

day-old chicks from the protection zone to holdings under official control on the territory of Greece on which there are no other poultry or captive birds, except pet birds referred to in Article 1(2)(c)(i), separated from poultry;

(c)

day-old chicks from the surveillance zone to holdings under official control on the territory of Greece;

(d)

ready-to-lay pullets and turkeys for fattening from the surveillance zone to holdings under official control on the territory of Greece;

(e)

pet birds referred to in Article 1(2)(c)(i), to premises on the territory of Greece not keeping poultry, if the consignment consists of five or fewer caged birds, notwithstanding national rules referred to in Article 1, third paragraph, of Directive 92/65/EEC;

(f)

birds referred to in Article 1(2)(c)(ii) coming from bodies, institutes and centres and proceeding to bodies, institutes and centres approved in accordance with Article 13 of Directive 92/65/EEC.

(a)

the transport of hatching eggs from the protection zone to a designated hatchery within the territory of Greece;

(b)

the dispatch of hatching eggs from the protection zone to hatcheries situated outside the territory of Greece provided that:

(a)

fresh meat from poultry, including meat from ratites, originating in or outside that zone and produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004;

(b)

minced meat, meat preparations and meat products containing meat referred to in point (a) and produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004;

(c)

fresh meat from wild feathered game originating in that zone, if such meat is marked with the health mark provided for in Annex II to Directive 2002/99/EC and is intended for transport to an establishment for treatment as required for avian influenza in accordance with Annex III to that Directive;

(d)

meat products produced from meat from wild feathered game which were subjected to a treatment as required for avian influenza in accordance with Annex III to Directive 2002/99/EC;

(e)

fresh meat from wild feathered game originating outside the protection zone and produced in establishments within the protection zone in accordance with Section IV of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Chapter VIII of Section IV of Annex I to Regulation (EC) No 854/2004;

(f)

minced meat, meat preparations and meat products containing meat referred to in point (e) and produced in establishments situated in the protection zone in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

(a)

animal by-products complying with the conditions set out in Chapters II (A), III (B), IV (A), VI (A and B), VII (A), VIII (A), IX (A) and X (A) of Annex VII, and Chapter II (B) and Chapter III (II) (A) of Annex VIII to Regulation (EC) No 1774/2002;

(b)

unprocessed feathers or parts of feathers in accordance with Chapter VIII (A)(1)(a) of Annex VIII to Regulation (EC) No 1774/2002, produced from poultry coming from outside the protection zone;

(c)

processed poultry feathers and parts of poultry feathers that have been treated with a steam current or by some other method that ensures that no pathogens remain;

(d)

products derived from poultry or other captive birds which, in accordance with Community legislation, are not subject to any animal health conditions or which are not subject to any ban or restriction for reasons of animal health, including the products referred to in Chapter VII (A)(1)(a) of Annex VIII to Regulation (EC) No 1774/2002.

11.2.2006   

EN

Official Journal of the European Union

L 40/32

(1)

Article 1 of Council Regulation (EC) No 2103/2005 of 12 December 2005 amending Regulation (EC) No 3605/93 as regards the quality of statistical data in the context of the excessive deficit procedure (1) inter alia revises the deadlines for reporting data in the context of the EDP to ensure their consistency with the deadlines of the European System of Accounts 95 (ESA 95) (2) transmission programme. As a result of this revision, from 2006 Member States will be obliged to report data in the context of the EDP before 1 April and 1 October of each year.

(2)

The Eurosystem’s requirements under Guideline ECB/2005/5 of 17 February 2005 on the statistical reporting requirements of the European Central Bank and the procedures for exchanging statistical information within the European System of Central Banks in the field of government finance statistics (3), should be based, for reasons of consistency, on ESA 95 statistical standards as far as possible. The deadlines in Article 4 of Guideline ECB/2005/5 for the biannual reporting of complete data sets by national central banks (NCBs) to the European Central Bank (ECB) therefore need to be revised.

(3)

In accordance with Article 12.1 and Article 14.3 of the Statute, ECB guidelines form an integral part of Community law,

1.

Article 4(1) is replaced by the following:

‘1.   The NCBs shall report complete data sets twice a year, before 15 April and before 15 October.’;

2.

Annex IV is amended as follows:

the word ‘September’ under the heading ‘First date of transmission’ in the right column of the two tables entitled ‘Current data’ and ‘Back data’ is replaced with the word ‘October’.