		ISSN 1725-2555
Official Journal of the European Union		L 52

English edition	Legislation	Volume 49 23 February 2006

Contents		I Acts whose publication is obligatory	page
		Commission Regulation (EC) No 308/2006 of 22 February 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables	1
	*	Commission Regulation (EC) No 309/2006 of 21 February 2006 establishing unit values for the determination of the customs value of certain perishable goods	3
	*	Commission Regulation (EC) No 310/2006 of 22 February 2006 amending Regulation (EC) No 1695/2005 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the French intervention agency	9
	*	Commission Regulation (EC) No 311/2006 of 22 February 2006 amending Regulation (EC) No 27/2006 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the German intervention agency	10
	*	Commission Regulation (EC) No 312/2006 of 22 February 2006 amending Regulation (EC) No 1062/2005 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the Austrian intervention agency	11
	*	Commission Regulation (EC) No 313/2006 of 22 February 2006 opening a standing invitation to tender for the resale on the internal market of paddy rice held by the Greek intervention agency	12
	*	Commission Regulation (EC) No 314/2006 of 22 February 2006 opening a standing invitation to tender for the resale on the internal market of paddy rice held by the Spanish intervention agency	14
	*	Commission Regulation (EC) No 315/2006 of 22 February 2006 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target secondary variables relating to housing conditions	16
	*	Commission Regulation (EC) No 316/2006 of 22 February 2006 amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas	22

	II Acts whose publication is not obligatory
	Commission
*	Commission Decision of 10 February 2006 amending Decision 98/536/EC establishing the list of national reference laboratories for the detection of residues (notified under document number C(2006) 330) ( 1 )	25
*	Commission Decision of 10 February 2006 allowing Member States to extend provisional authorisations granted for the new active substance thiamethoxam (notified under document number C(2006) 337) ( 1 )	32
*	Commission Decision of 13 February 2006 recognising the fully operational character of the Italian database for bovine animals (notified under document number C(2006) 350)	33
*	Commission Decision of 13 February 2006 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur (notified under document number C(2006) 345)	34
*	Commission Decision of 13 February 2006 fixing for the year 2006 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 (notified under document number C(2006) 347)	39
*	Commission Decision of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community (notified under document number C(2006) 597) ( 1 )	41
	EUROPEAN ECONOMIC AREA
	Standing Committee of the EFTA States
*	Decision of the Standing Committee of the EFTA States No 4/2004/SC of 3 June 2004 establishing a Financial Mechanism Committee	54


	(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

23.2.2006

Official Journal of the European Union

L 52/1

COMMISSION REGULATION (EC) No 308/2006

of 22 February 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 23 February 2006.

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

Done at Brussels, 22 February 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 22 February 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	81,1
	204	46,2
	212	139,7
	624	111,0
	999	94,5
0707 00 05	052	106,2
	204	90,1
	628	131,0
	999	109,1
0709 10 00	220	60,4
0709 10 00	999	60,4
0709 90 70	052	116,5
	204	51,2
	999	83,9
0805 10 20	052	48,2
	204	52,4
	212	45,9
	220	51,2
	624	59,2
	999	51,4
0805 20 10	204	100,4
0805 20 10	999	100,4
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90	052	58,8
	204	125,1
	220	48,0
	464	141,8
	624	70,1
	662	54,4
	999	83,0
0805 50 10	052	47,1
	220	39,9
	999	43,5
0808 10 80	400	135,2
	404	100,9
	528	97,2
	720	66,5
	999	100,0
0808 20 50	052	105,2
	388	88,8
	400	94,8
	512	69,6
	528	77,6
	720	47,6
	999	80,6

(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’.

23.2.2006

Official Journal of the European Union

L 52/3

COMMISSION REGULATION (EC) No 309/2006

of 21 February 2006

establishing unit values for the determination of the customs value of certain perishable goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,

Whereas:

(1)	Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.

(2)

The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,

HAS ADOPTED THIS REGULATION:

Article 1

The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.

Article 2

This Regulation shall enter into force on 24 February 2006.

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

Done at Brussels, 21 February 2006.

For the Commission

Günter VERHEUGEN

Vice-President

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 (OJ L 117, 4.5.2005, p. 13).

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

ANNEX

Code

Description

Amount of unit values per 100 kg

Species, varieties, CN code

EUR

LTL

SEK

CYP

LVL

GBP

CZK

MTL

DKK

PLN

EEK

SIT

HUF

SKK

1.10

New potatoes

0701 90 50

39,62

22,76

1 123,83

295,78

619,92

9 972,43

136,80

27,58

17,01

149,19

9 487,48

1 479,62

371,68

27,10

1.30

Onions (other than seed)

0703 10 19

23,69

13,61

671,97

176,85

370,67

5 962,77

81,80

16,49

10,17

89,20

5 672,81

884,70

222,24

16,20

1.40

Garlic

0703 20 00

165,58

95,12

4 696,57

1 236,08

2 590,70

41 675,53

571,70

115,24

71,08

623,46

39 648,88

6 183,44

1 553,27

113,24

1.50

Leeks

ex 0703 90 00

73,88

42,44

2 095,61

551,54

1 155,97

18 595,60

255,09

51,42

31,72

278,19

17 691,30

2 759,05

693,07

50,53

1.60

Cauliflowers

0704 10 00

—

1.80

White cabbages and red cabbages

0704 90 10

46,53

26,73

1 319,82

347,36

728,04

11 711,60

160,66

32,38

19,98

175,20

11 142,07

1 737,66

436,50

31,82

1.90

Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)

ex 0704 90 90

—

1.100

Chinese cabbage

ex 0704 90 90

99,71

57,28

2 828,27

744,37

1 560,12

25 097,01

344,28

69,40

42,81

375,45

23 876,56

3 723,67

935,38

68,19

1.110

Cabbage lettuce (head lettuce)

0705 11 00

—

1.130

Carrots

ex 0706 10 00

47,56

27,32

1 349,04

355,05

744,15

11 970,85

164,22

33,10

20,42

179,08

11 388,72

1 776,13

446,16

32,53

1.140

Radishes

ex 0706 90 90

84,35

48,46

2 392,64

629,71

1 319,82

21 231,35

291,25

58,71

36,21

317,62

20 198,88

3 150,12

791,30

57,69

1.160

Peas (Pisum sativum)

0708 10 00

367,58

211,18

10 426,43

2 744,10

5 751,39

92 520,09

1 269,18

255,84

157,80

1 384,09

88 020,90

13 727,30

3 448,28

251,39

1.170

Beans:

1.170.1

—	Beans (Vigna spp., Phaseolus spp.) ex 0708 20 00

156,88

90,13

4 449,78

1 171,12

2 454,57

39 485,61

541,66

109,19

67,35

590,70

37 565,46

5 858,52

1 471,65

107,29

1.170.2

—	Beans (Phaseolus spp., vulgaris var. Compressus Savi) ex 0708 20 00

432,00

248,18

12 253,68

3 225,01

6 759,33

108 734,40

1 491,61

300,67

185,46

1 626,65

103 446,72

16 133,04

4 052,59

295,44

1.180

Broad beans

ex 0708 90 00

—

1.190

Globe artichokes

0709 10 00

—

1.200

Asparagus:

1.200.1

—	green ex 0709 20 00

272,99

156,83

7 743,31

2 037,94

4 271,34

68 711,10

942,57

190,00

117,19

1 027,91

65 369,73

10 194,74

2 560,90

186,70

1.200.2

—	other ex 0709 20 00

424,33

243,78

12 036,12

3 167,75

6 639,32

106 803,86

1 465,13

295,33

182,16

1 597,77

101 610,06

15 846,60

3 980,64

290,20

1.210

Aubergines (eggplants)

0709 30 00

168,64

96,88

4 783,47

1 258,95

2 638,64

42 446,69

582,28

117,37

72,40

635,00

40 382,53

6 297,86

1 582,01

115,33

1.220

Ribbed celery (Apium graveolens L., var. dulce (Mill.) Pers.)

ex 0709 40 00

74,47

42,78

2 112,27

555,92

1 165,16

18 743,44

257,12

51,83

31,97

280,40

17 831,96

2 780,99

698,58

50,93

1.230

Chantarelles

0709 59 10

334,34

192,08

9 483,55

2 495,95

5 231,28

84 153,38

1 154,41

232,70

143,53

1 258,92

80 061,06

12 485,93

3 136,44

228,66

1.240

Sweet peppers

0709 60 10

151,98

87,31

4 310,86

1 134,56

2 377,94

38 252,91

524,75

105,78

65,24

572,26

36 392,70

5 675,63

1 425,71

103,94

1.250

Fennel

0709 90 50

—

1.270

Sweet potatoes, whole, fresh (intended for human consumption)

0714 20 10

102,21

58,72

2 899,18

763,03

1 599,23

25 726,18

352,91

71,14

43,88

384,86

24 475,13

3 817,02

958,83

69,90

2.10

Chestnuts (Castanea spp.) fresh

ex 0802 40 00

—

2.30

Pineapples, fresh

ex 0804 30 00

64,56

37,09

1 831,29

481,97

1 010,17

16 250,18

222,92

44,93

27,72

243,10

15 459,94

2 411,06

605,65

44,15

2.40

Avocados, fresh

ex 0804 40 00

189,04

108,60

5 362,11

1 411,24

2 957,83

47 581,32

652,72

131,57

81,15

711,81

45 267,47

7 059,69

1 773,38

129,28

2.50

Guavas and mangoes, fresh

ex 0804 50

—

2.60

Sweet oranges, fresh:

2.60.1

—	Sanguines and semi-sanguines ex 0805 10 20

—

2.60.2

—	Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins ex 0805 10 20

—

2.60.3

—	Others ex 0805 10 20

—

2.70

Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids, fresh:

2.70.1

—	Clementines ex 0805 20 10

105,75

60,75

2 999,60

789,46

1 654,63

26 617,27

365,13

73,60

45,40

398,19

25 322,90

3 949,23

992,04

72,32

2.70.2

—	Monreales and satsumas ex 0805 20 30

86,90

49,92

2 464,92

648,73

1 359,69

21 872,73

300,05

60,48

37,31

327,21

20 809,07

3 245,28

815,21

59,43

2.70.3

—	Mandarines and wilkings ex 0805 20 50

86,90

49,92

2 464,92

648,73

1 359,69

21 872,73

300,05

60,48

37,31

327,21

20 809,07

3 245,28

815,21

59,43

2.70.4

—	Tangerines and others ex 0805 20 70 ex 0805 20 90

86,90

49,92

2 464,92

648,73

1 359,69

21 872,73

300,05

60,48

37,31

327,21

20 809,07

3 245,28

815,21

59,43

2.85

Limes (Citrus aurantifolia, Citrus latifolia), fresh

0805 50 90

75,97

43,64

2 154,88

567,14

1 188,67

19 121,60

262,31

52,87

32,61

286,06

18 191,73

2 837,09

712,67

51,96

2.90

Grapefruit, fresh:

2.90.1

—	white ex 0805 40 00

76,56

43,99

2 171,72

571,57

1 197,96

19 270,98

264,36

53,29

32,87

288,29

18 333,85

2 859,26

718,24

52,36

2.90.2

—	pink ex 0805 40 00

73,53

42,24

2 085,69

548,93

1 150,50

18 507,60

253,89

51,18

31,57

276,87

17 607,59

2 745,99

689,79

50,29

2.100

Table grapes

0806 10 10

166,30

95,54

4 717,20

1 241,50

2 602,08

41 858,57

574,21

115,75

71,39

626,20

39 823,01

6 210,60

1 560,09

113,73

2.110

Water melons

0807 11 00

53,89

30,96

1 528,59

402,31

843,20

13 564,11

186,07

37,51

23,13

202,92

12 904,50

2 012,52

505,54

36,86

2.120

Melons (other than water melons):

2.120.1

—	Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro ex 0807 19 00

55,77

32,04

1 581,88

416,33

872,59

14 037,03

192,56

38,82

23,94

209,99

13 354,42

2 082,69

523,17

38,14

2.120.2

—	Other ex 0807 19 00

69,98

40,21

1 985,06

522,44

1 094,99

17 614,67

241,64

48,71

30,04

263,51

16 758,08

2 613,51

656,51

47,86

2.140

Pears

2.140.1

—	Pears — nashi (Pyrus pyrifolia), Pears — Ya (Pyrus bretscheideri) ex 0808 20 50

—

2.140.2

—	Other ex 0808 20 50

—

2.150

Apricots

0809 10 00

149,08

85,65

4 228,65

1 112,93

2 332,60

37 523,44

514,74

103,76

64,00

561,35

35 698,70

5 567,39

1 398,52

101,96

2.160

Cherries

0809 20 05

0809 20 95

307,32

176,56

8 717,13

2 294,24

4 808,51

77 352,44

1 061,11

213,89

131,93

1 157,18

73 590,85

11 476,87

2 882,97

210,18

2.170

Peaches

0809 30 90

120,61

69,29

3 420,97

900,35

1 887,06

30 356,33

416,43

83,94

51,78

454,13

28 880,12

4 504,00

1 131,40

82,48

2.180

Nectarines

ex 0809 30 10

145,14

83,38

4 116,92

1 083,52

2 270,96

36 531,91

501,14

101,02

62,31

546,51

34 755,39

5 420,28

1 361,56

99,26

2.190

Plums

0809 40 05

153,98

88,46

4 367,60

1 149,49

2 409,24

38 756,36

531,66

107,17

66,10

579,79

36 871,67

5 750,32

1 444,47

105,31

2.200

Strawberries

0810 10 00

258,11

148,28

7 321,19

1 926,84

4 038,49

64 965,36

891,19

179,64

110,81

971,87

61 806,13

9 638,98

2 421,30

176,52

2.205

Raspberries

0810 20 10

530,81

304,95

15 056,43

3 962,66

8 305,37

133 604,88

1 832,78

369,44

227,88

1 998,71

127 107,76

19 823,10

4 979,53

363,02

2.210

Fruit of the species Vaccinium myrtillus

0810 40 30

1 221,44

701,72

34 646,15

9 118,42

19 111,38

307 436,45

4 217,39

850,12

524,36

4 599,21

292 486,02

45 614,68

11 458,33

835,34

2.220

Kiwi fruit (Actinidia chinensis Planch.)

0810 50 00

178,63

102,62

5 066,84

1 333,53

2 794,95

44 961,17

616,77

124,33

76,69

672,61

42 774,74

6 670,94

1 675,73

122,17

2.230

Pomegranates

ex 0810 90 95

184,95

106,25

5 246,11

1 380,71

2 893,84

46 551,91

638,60

128,73

79,40

696,41

44 288,13

6 906,96

1 735,02

126,49

2.240

Khakis (including sharon fruit)

ex 0810 90 95

174,11

100,03

4 938,74

1 299,81

2 724,29

43 824,49

601,18

121,18

74,75

655,61

41 693,34

6 502,29

1 633,36

119,08

2.250

Lychees

ex 0810 90

—

23.2.2006

Official Journal of the European Union

L 52/9

COMMISSION REGULATION (EC) No 310/2006

of 22 February 2006

amending Regulation (EC) No 1695/2005 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the French intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EC) No 1695/2005 (2) has opened a standing invitation to tender for the export of 1 000 000 tonnes of common wheat held by the French intervention agency.

(2)

The invitations to tender made since this invitation to tender was opened have almost completely exhausted the quantities made available to the economic operators. In view of the strong demand recorded in recent weeks and the market situation, new quantities should be made available and the French intervention agency should be authorised to increase by 500 000 tonnes the quantity put out to tender for export.

(3)	Regulation (EC) No 1695/2005 should be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 1695/2005 is hereby replaced by the following:

‘Article 2

The invitation to tender shall cover a maximum of 1 500 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (3) and Switzerland.

Article 2

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

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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

(2) OJ L 272, 18.10.2005, p. 3. Regulation as amended by Commission Regulation (EC) No 64/2006 (OJ L 11, 17.1.2006, p. 3).

(3) Including Kosovo as defined in UN Security Council Resolution 1244 of 10 June 1999.’

23.2.2006

Official Journal of the European Union

L 52/10

COMMISSION REGULATION (EC) No 311/2006

of 22 February 2006

amending Regulation (EC) No 27/2006 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EC) No 27/2006 (2) has opened a standing invitation to tender for the export of 500 000 tonnes of common wheat held by the German intervention agency.

(2)

The invitations to tender made since this invitation to tender was opened have almost completely exhausted the quantities made available to the economic operators. In view of the strong demand recorded in recent weeks and the market situation, new quantities should be made available and the German intervention agency should be authorised to increase by 500 000 tonnes the quantity put out to tender for export.

(3)	Regulation (EC) No 27/2006 should be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 27/2006 is hereby replaced by the following:

‘Article 2

The invitation to tender shall cover a maximum of 1 000 000 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (3) and Switzerland.

Article 2

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

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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

(2) OJ L 6, 11.1.2006, p. 15.

(3) Including Kosovo as defined in UN Security Council Resolution 1244 of 10 June 1999.’

23.2.2006

Official Journal of the European Union

L 52/11

COMMISSION REGULATION (EC) No 312/2006

of 22 February 2006

amending Regulation (EC) No 1062/2005 as regards the quantity covered by the standing invitation to tender for the export of common wheat held by the Austrian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)	Commission Regulation (EC) No 1062/2005 (2) opened a standing invitation to tender for the export of 124 109 tonnes of common wheat held by the Austrian intervention agency.

(2)

The invitations to tender made since this invitation to tender was opened have completely exhausted the quantities made available to the economic operators. In view of the strong demand recorded in recent weeks and the market situation, new quantities should be made available and the Austrian intervention agency should be authorised to increase by 45 000 tonnes the quantity put out to tender for export.

(3)	Regulation (EC) No 1062/2005 should be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 1062/2005 is replaced by the following:

‘Article 2

The invitation to tender shall cover a maximum of 169 109 tonnes of common wheat for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Romania, Serbia and Montenegro (3) and Switzerland.

Article 2

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

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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

(2) OJ L 174, 7.7.2005, p. 30. Regulation as amended by Regulation (EC) No 79/2006 (OJ L 14, 19.1.2006, p. 4).

(3) Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.’

23.2.2006

Official Journal of the European Union

L 52/12

COMMISSION REGULATION (EC) No 313/2006

of 22 February 2006

opening a standing invitation to tender for the resale on the internal market of paddy rice held by the Greek intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 7(4) and (5) thereof,

Whereas:

(1)	Commission Regulation (EEC) No 75/91 (2) lays down the procedures and conditions for the disposal of paddy rice held by intervention agencies.

(2)	In view of the situation on the Community market in rice, a standing invitation to tender should be opened for the resale on the internal market of some 34 611 tonnes of paddy rice held by the Greek intervention agency.

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

HAS ADOPTED THIS REGULATION:

Article 1

Under the conditions laid down in Regulation (EEC) No 75/91, the Greek intervention agency shall launch a standing call for tenders for the resale on the internal market of the quantities of paddy rice held by it, as set out in the Annex to this Regulation.

Article 2

1. The time limit for submission of tenders under the first partial invitation to tender shall be 8 March 2006.

2. The closing date for the submission of tenders for the last partial invitation to tender shall be 28 June 2006.

3. Tenders shall be lodged with the Greek intervention agency:

OPEKEPE

Acharnon Street 241

GR-10446 Athens

Tel. (30-210) 212 48 46 et 212 47 88

Fax (30-210) 212 47 91

Article 3

Article 19 of Regulation (EEC) No 75/91 notwithstanding, no later than the Tuesday of the week following the expiry of the deadline for submitting tenders the Greek intervention agency shall inform the Commission of the quantity and average prices of the various lots sold, broken down by group where appropriate.

Article 4

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

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 247/2006 (OJ L 42, 14.2.2006, p. 1).

(2) OJ L 9, 12.1.1991, p. 15.

ANNEX

Groups	1
Quantity (approximate)	34 611 t
Harvest years	2002
Rice types	all

23.2.2006

Official Journal of the European Union

L 52/14

COMMISSION REGULATION (EC) No 314/2006

of 22 February 2006

opening a standing invitation to tender for the resale on the internal market of paddy rice held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 7(4) and (5) thereof,

Whereas:

(1)	Commission Regulation (EEC) No 75/91 (2) lays down the procedures and conditions for the disposal of paddy rice held by intervention agencies.

(2)	In view of the situation on the Community market in rice, a standing invitation to tender should be opened for the resale on the internal market of some 31 309 tonnes of paddy rice held by the Spanish intervention agency.

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

HAS ADOPTED THIS REGULATION:

Article 1

Under the conditions laid down in Regulation (EC) No 75/91, the Spanish intervention agency shall launch a standing call for tenders for the resale on the internal market of the quantities of paddy rice held by it, as set out in the Annex to this Regulation.

Article 2

1. The time limit for submission of tenders under the first partial invitation to tender shall be 8 March 2006.

2. The closing date for the submission of tenders for the last partial invitation to tender shall be 28 June 2006.

3. Tenders shall be lodged with the Spanish intervention agency:

Fondo Español de Garantía Agraria (FEGA)

Beneficencia 8

E-28004 Madrid

Télex 23427 FEGA E

Fax (34) 915 21 98 32, 915 22 43 87

Article 3

Article 19 of Regulation (EEC) No 75/91 notwithstanding, no later than the Tuesday of the week following the expiry of the deadline for submitting tenders the Spanish intervention agency shall inform the Commission of the quantity and average prices of the various lots sold, broken down by group where appropriate.

Article 4

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

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 247/2006 (OJ L 42, 14.2.2006, p. 1).

(2) OJ L 9, 12.1.1991, p. 15.

ANNEX

Groups	1
Quantity (approximate)	31 309 t
Harvest years	2003
Rice types	all

23.2.2006

Official Journal of the European Union

L 52/16

COMMISSION REGULATION (EC) No 315/2006

of 22 February 2006

implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target secondary variables relating to housing conditions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1177/2003 of the European Parliament and the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC) (1), and in particular Article 15(2)(f) thereof,

Whereas:

(1)

Regulation (EC) No 1177/2003 established a common framework for the systematic production of Community statistics on income and living conditions, encompassing comparable and timely cross-sectional and longitudinal data on income, and on the level and composition of poverty and social exclusion at national and European Union levels.

(2)

Pursuant to Article 15(2)(f) of Regulation (EC) No 1177/2003, implementing measures are necessary for the list of target secondary areas and variables to be included every year in the cross-sectional component of EU-SILC. For the year 2007, the list of target secondary variables included in the module on housing conditions should be laid down. This should be accompanied by the provision of variable codes and definitions.

(3)	The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The list of target secondary variables, the variable codes, and the definitions for the 2007 module on housing conditions to be included in the cross-sectional component of Community statistics on income and living conditions (EU-SILC) shall be as laid down in the Annex.

Article 2

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

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

Done at Brussels, 22 February 2006.

For the Commission

Joaquín ALMUNIA

Member of the Commission

(1) OJ L 165, 3.7.2003, p. 1. Regulation as amended by Regulation (EC) No 1553/2005 (OJ L 255, 30.9.2005, p. 6).

ANNEX

For the purposes of this Regulation, the following units, modes of data collection, reference periods and definitions shall apply.

1. Units

The target variables relate to two types of units:

—	household (all variables except Change of dwelling)

—	the household respondent (change of dwelling)

2. Modes of data collection

For all target variables the mode of data collection is personal interview with the household respondent or register.

3. Reference periods

The target variables relate to three types of reference periods:

—	usual: an ordinary winter/summer, in the area where the dwelling is located (dwelling comfortably warm during winter time. Dwelling comfortably cool during summer time)

—	last two years (changed dwelling)

—	current (all other variables)

4. Definitions

1. Shortage of space in dwelling

(a)	Shortage of space: the variable refers to the respondent’s opinion/feeling about shortage of space in dwelling.

2. Dwelling installations and facilities

(a)	Electrical installations: wiring, contacts, sockets and other permanent electrical installations in the dwelling.

(b)	Plumbing/water installations: pipes, taps, drainage and outlets.

(c)

Central heating or similar: a housing unit is considered as centrally heated if heating is provided either from a community heating centre or from an installation built in the building or in the housing unit, established for heating purposes, without regard to the source of energy. Fixed electrical radiators, fixed gas heaters and similar are included. The heating shall be available in most rooms.

(d)	Other fixed heating: a housing unit is considered heated by ‘other fixed heating’ when the heating is not considered as ‘central heating/or similar’. It includes stoves, heaters, fireplaces and similar.

(e)	No fixed heating: no fixed heating system or heating device. Portable heating.

(f)	Air conditioning facilities: systems for controlling, especially lowering, the temperature and humidity of an enclosed space; systems that keep air cool and dry. Simple fans are not considered as air conditioning.

(g)

Adequate: sufficient to satisfy the general requirements/needs of the household. An installation which is permanently out of order is considered as no installation. Inadequate installations can be: installations in bad condition, dangerous installations, installations which are regularly out of order, where there is not enough electrical power/pressure for the water to be used, the water is not drinkable, or there is limited availability. Minor temporary problems such as a blockage in the outlet do not mean that the installation is inadequate.

3. Accessibility of basic needs

(a)

Accessibility: this shall relate to the services used by the household having regard to the financial, physical, technical and health conditions. The accessibility of the services is to be assessed in terms of physical and technical access, and opening hours, but not in terms of quality, price and similar aspects.

(b)	Grocery services: services which can provide most of the daily needs.

(c)	Banking services: withdraw cash, transfer money and pay bills.

(d)	Postal services: send and receive ordinary and parcel post.

(e)	Public transport: bus, metro, tram and similar.

(f)	Primary health care services: general practitioner, primary health centre or similar.

(g)	Compulsory schools: if more than one child in the household is in compulsory school the respondent should refer to the one with the most difficulty.

4. Overall satisfaction with dwelling

(a)	Overall satisfaction with dwelling: the variable refers to the respondent’s opinion/feeling about the degree of satisfaction with the dwelling in terms of meeting the household needs/opinion on the price, space, neighbourhood, distance to work, quality and other aspects.

5. Change of dwelling

(a)	Family-related reasons: change in marital/partnership status. To establish own household. To follow partner/parents. To obtain better school or care facilities for children or other dependants.

(b)	Employment-related reasons: start new job or transfer of existing job. Looking for work or made redundant. To be closer to work/easier to commute. Retirement.

(c)	Housing-related reasons: desire to change accommodation or tenure status. Wanting new or better house/apartment. Seeking better neighbourhood/less crime.

(d)	Eviction/distraint: forced to move for legal reasons.

(e)	Landlord did not prolong the contract: non renewal of contract, short-term contract.

(f)	Financial reasons: problems paying rent/mortgage.

(g)	Other reasons: to attend or leave college/university, health and other reasons.

(h)	The reference period is ‘the last two years’. If there have been several changes of dwelling, the main reason for the most recent change should be given.

5. Transmission of data to Eurostat

The target secondary variables on ‘housing conditions’ will be sent to Eurostat in the household data file (H) after the target primary variables.

AREAS AND LIST OF TARGET VARIABLES

Module 2007 Housing Conditions

Variable name	Code	Target variable
Shortage of space in dwelling
MH010		Shortage of space in dwelling
	1	Yes
	2	No
MH010_F	1	Variable is filled
MH010_F	-1	Missing
Dwelling installations and facilities
MH020		Adequate electrical installations
	1	Yes
	2	No
MH020_F	1	Variable is filled
	-1	Missing
	-2	N/a (No electricity/installations)
MH030		Adequate plumbing/water installations
	1	Yes
	2	No
MH030_F	1	Variable is filled
	-1	Missing
	-2	N/a (No running water/installations)
MH040		Dwelling equipped with heating facilities
	1	Yes — Central heating or similar
	2	Yes — Other fixed heating
	3	No — No fixed heating
MH040_F	1	Variable is filled
MH040_F	-1	Missing
MH050		Dwelling comfortably warm during winter time
	1	Yes
	2	No
MH050_F	1	Variable is filled
MH050_F	-1	Missing
MH060		Dwelling equipped with air conditioning facilities
	1	Yes
	2	No
MH060_F	1	Variable is filled
MH060_F	-1	Missing
MH070		Dwelling comfortably cool during summer time
	1	Yes
	2	No
MH070_F	1	Variable is filled
MH070_F	-1	Missing
Overall satisfaction with dwelling
MH080		Overall satisfaction with dwelling
	1	Very dissatisfied
	2	Somewhat dissatisfied
	3	Satisfied
	4	Very satisfied
MH080_F	1	Variable is filled
MH080_F	-1	Missing
Accessibility of Basic Services
MH090		Accessibility of grocery services
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH090_F	1	Variable is filled
	-1	Missing
	-2	N/a (Not used by household)
MH100		Accessibility of banking services
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH100_F	1	Variable is filled
	-1	Missing
	-2	N/a (Not used by household)
MH110		Accessibility of postal services
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH110_F	1	Variable is filled
	-1	Missing
	-2	N/a (Not used by household)
MH120		Accessibility of public transport
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH120_F	1	Variable is filled
	-1	Missing
	-2	N/a (Not used by household)
Accessibility of basic services
MH130		Accessibility of primary heath care services
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH130_F	1	Variable is filled
	-1	Missing
	-2	N/a (Not used by household)
MH140		Accessibility of compulsory school
	1	With great difficulty
	2	With some difficulty
	3	Easily
	4	Very easily
MH140_F	1	Variable is filled
	-1	Missing
	-2	N/a (No child in compulsory school)
Change of dwelling
MH150		Change of dwelling
	1	Yes
	2	No
MH150_F	1	Variable is filled
MH150_F	-1	Missing
MH160		Main reason for change of dwelling
	1	Family related reasons
	2	Employment related reasons
	3	Housing related reasons
	4	Eviction/distrain
	5	Landlord did not prolong the contract
	6	Financial reasons
	7	Other
MH160_F	1	Variable is filled
	-1	Missing
	-2	N/a (MH150 not = 1)

23.2.2006

Official Journal of the European Union

L 52/22

COMMISSION REGULATION (EC) No 316/2006

of 22 February 2006

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 29(1) thereof,

Whereas:

(1)

Council Decision 2006/67/EC of 20 December 2005 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Hashemite Kingdom of Jordan concerning reciprocal liberalisation measures and amending the EC-Jordan Association Agreement (the Association Agreement) as well as replacing Annexes I, II, III and IV and Protocols 1 and 2 to that Agreement (2), provides for free and unlimited access into the Community of cheese originating in Jordan.

(2)

Commission Regulation (EC) No 2535/2001 (3) lays down, inter alia, detailed rules for the application to milk and milk products of the import arrangements provided for the Association Agreement. Since the provisions relating to an import quota of cheese originating in Jordan are no more compatible with the free and unlimited access into the Community of that product as provided for in Protocol 1 of the Association Agreement as replaced by the Agreement in the form of an Exchange of Letters referred above, they should be deleted.

(3)	Chapter III of Regulation (EC) No 2535/2001 provides for a yearly tariff quota of butter originating in New Zealand.

(4)

Council Regulation (EC) No 2175/2005 of 21 December 2005 concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV.6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (4), provides for an additional allocation of 735 tonnes of butter originating in New Zealand under the annual import tariff quota. It is therefore appropriate to adjust the quantity of butter under quota No 09.4589 referred to in Annex III.A to Regulation (EC) No 2535/2001.

(5)	Regulation (EC) No 2535/2001 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2535/2001 is amended as follows:

1.	in Article 5, point (g) is deleted;

2.	in Article 13(2), the second subparagraph is replaced by the following text: ‘However, in the case of the quotas referred to in Article 5(c), (d), (e), (f) and (h), licence applications shall relate to at least 10 tonnes and to no more than the quantity available for each period.’;

3.	in Annex I, Part I.G is deleted;

4.	in Annex III.A, the part relating to quota number 09.4589 is replaced by the text set out in the Annex to this Regulation.

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 January 2006.

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

Done at Brussels, 22 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation last amended by Commission Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 41, 13.2.2006, p. 1.

(3) OJ L 341, 22.12.2001, p. 29. Regulation last amended by Regulation (EC) No 1036/2005 (OJ L 171, 2.7.2005, p. 19).

(4) OJ L 347, 30.12.2005, p. 9.

ANNEX

‘Quota number

CN code

Description

Country of origin

Annual quota from January to December

(tonnes)

Maximum quota January-June (tonnes)

Import duty (EUR/100 kg net weight)

Rules for completing IMA 1 certificates

09.4589

ex 0405 10 11

ex 0405 10 19

New Zealand

77 402

42 571

86,88

see Annex IV’

ex 0405 10 30

Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 82 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as “Ammix” and “Spreadable”)

II Acts whose publication is not obligatory

Commission

23.2.2006

Official Journal of the European Union

L 52/25

COMMISSION DECISION

of 10 February 2006

amending Decision 98/536/EC establishing the list of national reference laboratories for the detection of residues

(notified under document number C(2006) 330)

(Text with EEA relevance)

(2006/130/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular Article 14(1) thereof,

Whereas:

(1)

The Annex to Commission Decision 98/536/EC (2) was to have been reviewed by 31 December 2000. Member States have reorganised their laboratories in order to fulfil the requirements of Directive 96/23/EC taking into account in particular the requirement that one residue or residue group is to be assigned to one national reference laboratory (NRL) only.

(2)	This reorganisation having been concluded, the list of NRLs in the Annex to Decision 98/536/EC should now be adapted accordingly. At the same time the list of NRLs of the new Member States should be adapted in the light of information received from them.

(3)	Decision 98/536/EC should therefore be amended accordingly.

(4)	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

The Annex to Decision 98/536/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 125, 23.5.1996, p. 10.

(2) OJ L 251, 11.9.1998, p. 39.

ANNEX

The Annex to Decision 98/536/EC is replaced by the following:

‘ANNEX

NATIONAL REFERENCE LABORATORIES

Member State

Reference laboratories

Groups of residues

Austria

Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — CC Tierarzneimittel und Hormone, Wien

Spargelfeldstraße 191

1226 Wien

A1, A2, A3, A4, A5, A6, B1, B2a, B2b, B2d, B2e, B2f

Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — CC Rückstandsanalytik, Wien

Spargelfeldstraße 191

1226 Wien

B3a (PCBs, excluding dioxins), B3b, B3d

Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — CC Pflanzenschutzmittelrückstände, Innsbruck

Technikerstraße 70

6020 Innsbruck

B2c

Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH — CC Elemente, Wien

Spargelfeldstraße 191

1226 Wien

B3c

Austrian Research Centres GmbH — ARC

2444 Seibersdorf

B3a (dioxins)

Lebensmitteluntersuchungsanstalt der Stadt Wien

Henneberggasse 3

1030 Wien

B3e

Belgium

Institut scientifique de la santé publique

Rue J. Wytsman 14

1050 Bruxelles

Wetenschappelijk Instituut Volksgezondheid

J. Wytsmanstraat 14

1050 Brussel

All groups

Denmark

Danmarks Fødevareforskning (DFVF)

Mørkhøj Bygade 19

DK-2860 Søborg

All groups

Finland

Eläinlääkintä- ja elintarviketutkimuslaitos, EELA

Hämeentie 57

Box 45

00581 Helsinki

All groups

France

LABERCA (Laboratoire d'Etude des Résidus et Contaminants dans les Aliments)

Ecole Nationale Vétérinaire de Nantes

Route de Gachet — BP 50707

44307 Nantes cedex 03

A1 to A5, B2f (glucocorticoides), B3f

AFSSA-Fougères (Laboratoire d'Etudes et de Recherches sur les Médicaments Vétérinaires et les Désinfectants)

La Haute Marche

35133 Javene

A6, B1, B2a, B2b, B2d, B2e, B2f (excluding glucocorticoides), B3e

AFSSA-Maisons-Alfort (Laboratoire d'Etudes et de Recherches sur la Qualité des Aliments et les Procédés agro-alimentaires)

23 avenue du Général de Gaulle

94706 Maisons-Alfort Cedex

B2c, B3a, B3b, B3c, B3d

Germany

Bundesamt für Verbraucherschutz und Lebensmittelsicherheit

Diedersdorfer Weg 1

12277 Berlin

All groups

Greece

Ινστιτούτο Υγιεινής Τροφίμων Αθηνών

Institute of Food Hygiene of Athens

Neapoleos 25, Athens 153 10,

Aghia Paraskevi

Νεαπόλεως 25

15310 Αγ. Παρασκευή, Αθήνα

A2, A5, B1, B2d, B3a (PCB), B3b, B3c, B3e

Ινστιτούτο Βιοχημείας, Τοξικολογίας και Διατροφής των Ζώων

Institute of Biochemistry, Toxicology and Feed

Neapoleos 25

153 10 Aghia Paraskevi, Athens

Νεαπόλεως 25

15310 Αγ. Παρασκευή, Αθήνα

B3d

Κτηνιατρικό Εργαστήριο Χανίων

Veterinary Laboratory of Chania

M. Botsari 66

73100 Chania

Μ. Μπότσαρη 66

73100 Χανιά

B1 in honey

Κτηνιατρικό Εργαστήριο Σερρών

Veterinary Diagnostic Laboratory of Serres

Terma Omonias

621 10 Serres

Τέρμα Ομονοίας

621 10 Σέρρες

A1, A3, A4, B2f, B3a (excluding PCBs)

Κτηνιατρικό Εργαστήριο Λάρισας

Veterinary Diagnostic Laboratory Larissa

7th km N.R. of Larissa

411 10 Larissa

7ο χλμ. Εθνικής οδού Λαρίσης-Τρικάλων,

411 10 Λάρισα

A6 (nitroimidazoles), B2a, B2b

Κτηνιατρικό Εργαστήριο Τρίπολης

Veterinary Diagnostic Laboratory Tripolis

Pelagos Arkadias

221 00 Tripolis

Πέλαγος Αρκαδίας

22100 Τρίπολη

A6 (cloramphenicol and nitrofurans), B2c

Κτηνιατρικό Εργαστήριο Πατρών

Veterinary Diagnostic Laboratory of Patras

Notara 15

264 42 Patra

Νοταρά 15

264 42 Πάτρα

B2e

Ireland

State Laboratory

Young’s Cross

Celbridge

Co. Kildare

A1, A3, A4, A6 (nitromidazoles only), B2e, B2f (dexamethasone only), B3d

Central Meat Control Laboratory

Young’s Cross

Celbridge

Co. Kildare

A2, A5, A6, (exc. nitrofurans, nitromidazoles), B1, B2d, B2f (Carbadox only), B3c

Ashtown Food Research Centre, Teagasc

Ashtown

Dublin 15

A6 (only nitrofurans), B2a (anthelmintics except emamectin), B2b (anticoccidials), B2c

Marine Institute

Fisheries Research Centre

Abbotstown,

Dublin 15

B2a, (only emamectin), B2f (only teflubenzuron and diflubenzuron), B3e (only MG + LMG)

Pesticide Control Laboratory

Young’s Cross

Celbridge

Co. Kildare

B3a (organochlorine pesticides and 7 PCBs only), B3b

Italy

Istituto Superiore di Sanità

Dipartimento di Sanità Alimentare e Animale

Viale Regina Elena 299

00161 Roma

All groups

Luxembourg

Institut scientifique de la Santé publique

Rue J. Wytsman 14

1050 Bruxelles

All groups

Portugal

Laboratório Nacional de Investigação Veterinária

Estrada de Benfica 701

549-011 Lisboa

All groups

Instituto Nacional de Investigação Agrária e das Pescas/Instituto de Investigação das Pescas e do Mar

Av. de Brasília

1449-006 Lisboa

B3c aquaculture

Spain

Centro Nacional de Alimentación (Agencia Española de Seguridad Alimentaria)

Carretera Pozuelo-Majadahonda Km 6,2

Majadahonda

Madrid

A1, A3, A4, A5, A6 (chloramphenicol and nitrofurans), B2f (corticosteroids), B3c (only aquaculture), B3d, B3e

Laboratorio Central de Sanidad y producción Animal de Santa Fe (Ministerio de Agricultura, Pesca y Alimentación)

Camino del Jau, s/n

18.18320 Santa Fe, Granada

A2, A6 (nitroimidazoles), B2a B2b, B2c, B2d, B2e, B2f (excluding corticosteroides)

Grupo Arbitral Agroalimentario (Ministerio de Agricultura, Pesca y Alimentación)

Carretera de La Coruña, Km 10.700

28023 Madrid

B3a, B3b, B3c (excluding aquaculture)

Laboratorios anteriormente mencionados según la acción farmacológica

B3f

Sweden

Statens Livsmedelsverk,

Box 622

751 26 Uppsala

All groups

The Netherlands

Rijkskinstituut voor Volksgezondheid en Milieu (RIVM)

Antoine van Leeuwenhoeklaan 9

Bilthoven 3721 MA

A1, A2, A3, A4, A5, A6 (chlorpromazyne, colchicine, somatotropines, chloramphenicol), B2d, B3c, B3d, B3e

Rijkskwaliteitsinstituut voor land-en tuinbouwproducten (RIKILT)

Institute of food safety

Bornsesteeg 45

Wageningen 6708 PD

A6 (nitrofurans, dapsone, nitroimidazoles, chloroform), B1, B2a, B2b, B2c, B2e, B3a, B3b, B3f

United Kingdom

Central Science Laboratory

Sand Hutton York YO41 1LZ

A6 (chloramphenicol, nitrofurans honey, dapsone). B1, B2a, B2b (ionophores)

LGC

Queens Road

Teddington

Middlesex TW11 OLY

A6 (chlorpromazine), B2c, B2d, B3a, B3b, B3c, B3d, B3e

Veterinary Science Division

Stoney Road

Stormont

Belfast BT4 3SD

A1, A2, A3, A4, A5, A6 (nitrofurans exc. honey, nitroimidazoles), B2b, (nicarbazin), B2f

Czech Republic

Národní referenční laboratoř pro sledování reziduí veterinárních léčiv

Ústav pro státní kontrolu veterinárních biopreparátů a léčiv Brno

Hudcova 56 A

CZ-621 00 Brno

All A

Národní referenční laboratoř pro rezidua pesticidů a PCB

Státní veterinární ústav Praha

Sídlištní 136/24

CZ-165 03 Praha

B3a, B3b

Národní referenční laboratoř pro chemické prvky

Státní veterinární ústav Olomouc, laboratoř

Kroměříž

Hulínská 2286

CZ-767 60 Kroměříž

B3c

Národní referenční laboratoř pro mykotoxiny a další přírodní toxiny, barviva, antibakteriální inhibiční látky a rezidua veterinárních léčiv

Státní veterinární ústav Jihlava

Rantířovská 93

CZ-586 05 Jihlava

B1, B2, B3d, B3e

Cyprus

Γενικό Χημείο του Κράτους Υπουργείο Υγείας

Οδός Κίμωνος 44,

1451, Λευκωσία, Κύπρος

General State Laboratory

Ministry of Health

Kimonos Street 44

1451 Nicosia

All groups

Hungary

Orzságos Élelmiszervizsgáló Intézet Budapest, Mester u. 81.

Hungary,

H-1095

Budapest 94

POB 1740

H-1465

All groups

Estonia

Veterinaar- ja Toidulaboratoorium

Tallinna osakond

Väike-Paala 3

Tallinn 11415

A1, A2, A3, A4, A5, A6, B1

Veterinaar- ja Toidulaboratoorium

Tartu osakond

Kreutzwaldi 30

Tartu 51006

B3c

Tervisekaitseinspektsiooni Tartu laboratoorium

Põllu 1A

Tartu 50303

B2c, B3a, B3b

Põllumajandusuuringute Keskus

Teaduse 4/6

Saku

Harjumaa 75501

B3d

Latvia

Valsts veterinārmedicīnas diagnostikas centrs

Lejupes iela 3,

LV-1076 Rīga

All groups (excluding B3d aquaculture)

Lithuania

Nacionalinė veterinarijos laboratorija

J. Kairiūkščio g.

LT-08409 Vilnius

All groups

Malta

Laboratorju Veterinarju Nazzjonali Dipartiment ta’ l-Ikel Alimentari u Djanjostika

Taqsima ta’ l-Ikel u Attivita’ Veterinarja

Ministeru għall-Affarijiet Rurali u l-Ambjent

National Veterinary Laboratory Department of Food Health and Diagnostics

Food and Veterinary Regulation Division

Ministry for Rural Affairs and the Environment

Albertown

Marsa

All groups

Poland

Państwowy Instytut Weterynaryjny-Państwowy

Instytut Badawczy w Puławach

Al. Partyzantów 57

24-100 Puławy

All groups

Slovak Republic

Štátny veterinárny a potravinový ústav Nitra

Akademická 3

Nitra 949 01

A1, A3, A4, A5

Štátny veterinárny a potravinový ústav Košice

Hlinkova 1B

Košice 040 01

A2, B2a, B2b, B2d, B3c, B3d

Štátny veterinárny a potravinový ústav Dolný Kubín

Jánoskova 1611/58

Dolný Kubín 026 01

A6 (chloramphenicol, nitrofurans), B1, B2f, B3e

Štátny veterinárny a potravinový ústav Bratislava

Botanická 15

Bratislava 842 13

A6 (nitroimidazoles), B2c, B2e, B3a, B3b

Slovenia

Univerza v Ljubljani, Veterinarska fakulteta,

Nacionalni veterinarski inštitut

Gerbičeva 60

1000 Ljubljana

A6 — (chloramphenicol in milk, eggs, meat, water) B1, B2a (avermectins), B2b (lasalocid, salynomicin, narasin, monesin) B2d, B3c (excluding Hg in fish), B3d, B3e

Univerza v Ljubljani, Veterinarska fakulteta,

Nacionalni veterinarski inštitut

Gerbičeva 60

1000 Ljubljana

A1, A3, A4, A5, A6 (chloramphenicol in urine, honey and feed, nitrofurans, dapson, chlopromazin, metronidazol, ronidazol, dimetridazol), B2b — (amprolium, maduramycin, methylchlopindol, nicarbazin, robenidin), B2e — (phenylbutazon), NSAID, B2f

Zavod za zdravstveno varstvo Maribor

Prvomajska 1

2000 Maribor

A2, (colchicin, chloroform), B2a (levamisol, thiabendazol, febantel, oxfendazol, fenbendazol), B2c, B2e (diclofenac, carprofen),

Zavod za zdravstveno varstvo Nova Gorica

Vipavska cesta 13

Rožna Dolina

5000 Nova Gorica

B3a, B3b, B2f (only amitraz in honey), B3b (only organophosphorus compounds in honey)

Inštitut za varovanje zdravja Republike Slovenije

Grablovičeva 44

1000 Ljubljana

B3c (only mercury in fish)’

23.2.2006

Official Journal of the European Union

L 52/32

COMMISSION DECISION

of 10 February 2006

allowing Member States to extend provisional authorisations granted for the new active substance thiamethoxam

(notified under document number C(2006) 337)

(Text with EEA relevance)

(2006/131/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(1) thereof,

Whereas:

(1)

In accordance with Article 6(2) of Directive 91/414/EEC, in March 1999 Spain received an application from Novartis Crop Protection AG (now Syngenta) for the inclusion of the active substance thiamethoxam in Annex I to Directive 91/414/EEC. Commission Decision 2000/181/EC (2) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.

(2)

Confirmation of the completeness of the dossier was necessary in order to allow it to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods up to three years, for plant protection products containing the active substance concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the condition relating to the detailed assessment of the active substance and the plant protection product in the light of the requirements laid down by that Directive.

(3)

For this active substance, 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 applicant. The rapporteur Member State submitted the draft assessment report to the Commission on 20 January 2002.

(4)

Following submission of the draft assessment report by the rapporteur Member State, it has been found to be necessary to request further information from the applicant and to have the rapporteur Member State examine that information and submit its assessment. Therefore, the examination of the dossier is still ongoing and it will not be possible to complete the evaluation within the time-frame provided for in Directive 91/414/EEC.

(5)

As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substance concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossier to continue. It is expected that the evaluation and decision-making process with respect to a decision on possible Annex I inclusion for thiamethoxam will have been completed within 24 months.

(6)	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

Member States may extend provisional authorisations for plant protection products containing thiamethoxam for a period not exceeding 24 months from the date of adoption of this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/6/EC (OJ L 12, 18.1.2006, p. 21).

(2) OJ L 57, 2.3.2000, p. 35.

23.2.2006

Official Journal of the European Union

L 52/33

COMMISSION DECISION

of 13 February 2006

recognising the fully operational character of the Italian database for bovine animals

(notified under document number C(2006) 350)

(Only the Italian text is authentic)

(2006/132/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 6(3) thereof,

Whereas:

(1)	Italy has presented a request for the recognition of the fully operational character of the database that forms part of the Italian system for the identification and registration of bovine animals, pursuant to Regulation (EC) No 1760/2000.

(2)	The Italian authorities have submitted appropriate information that was updated to 22 September 2005.

(3)

The Italian authorities have undertaken to improve the reliability of the database ensuring in particular that (i) additional measures, including inspections, shall be implemented to improve the respect of the seven days deadline for notification by the keeper of births, movements and deaths, (ii) additional measures shall be implemented to ensure proper follow-up of errors or omissions detected automatically or during on-the-spot inspections, (iii) additional measures shall be implemented to ensure that all movements, in particular to and from markets, are recorded in the database, (iv) additional measures shall be implemented to ensure that controls on identification and registration of bovine animals are carried out in accordance with Commission Regulation (EC) No 1082/2003 (2).

(4)	The Italian authorities undertook to implement the agreed improvement measures at the latest by 31 March 2006.

(5)	In view of the above, it is appropriate to recognise the fully operational character of the Italian database for bovine animals,

HAS ADOPTED THIS DECISION:

Article 1

The Italian database for bovine animals is recognised as fully operational from 1 April 2006.

Article 2

This Decision is addressed to the Italian Republic.

Done at Brussels, 13 February 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 156, 25.6.2003, p. 9. Regulation as amended by Regulation (EC) No 499/2004 (OJ L 80, 18.3.2004, p. 24).

23.2.2006

Official Journal of the European Union

L 52/34

COMMISSION DECISION

of 13 February 2006

requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur

(notified under document number C(2006) 345)

(2006/133/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 16(3) thereof,

Whereas:

(1)

Where a Member State considers that there is an imminent danger of the introduction into its territory of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode (PWN)), from another Member State, it should be authorised to temporarily take any additional measures necessary to protect itself from that danger.

(2)	Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC (2) and 2001/218/EC (3) defining measures to be taken against PWN.

(3)

On the basis of assessments by the Food and Veterinary Office, most recently in November 2004, additional information submitted by Portugal and official surveys carried out by the other Member States on wood, isolated bark and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., it appears that as a result of the application of an eradication programme in Portugal, the spread of PWN remains limited to the demarcated areas in Portugal. However, trees showing symptoms of infestation by PWN were still found during surveys of those areas.

(4)

The implementation of the Portuguese mid-term eradication plan for PWN of February 2003, as amended in June 2003, was evaluated by the Standing Committee on Plant Health in its meetings of July 2004 and May 2005. During the latter meeting it was concluded that the aimed reduction of infection level in the demarcated zone had not been fully achieved so far.

(5)	It is therefore necessary for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.

(6)	It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication. Therefore, an updated mid-term eradication plan to better control the spread of PWN with the aim of eradicating should be presented.

(7)	The other Member States should continue to have the possibility to apply additional measures to protect their territories from PWN.

(8)	The results of the specific measures and of the implementation of the mid-term plan should be assessed continuously, in particular on the basis of information to be provided by Portugal and the other Member States.

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

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of this Decision, the following definitions shall apply:

(a)	‘the pine wood nematode (PWN)’: Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;

(b)	‘susceptible wood and bark’: wood and isolated bark of conifers (Coniferales), except that of Thuja L.;

(c)	‘susceptible plants’: plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.

Article 2

Until 31 March 2008, Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.

By 15 February 2006, Portugal shall present an updated mid-term eradication plan to control the spread of PWN with the aim of eradicating it. That plan shall include details on the management, within the demarcated area, of tree species known to be highly susceptible to PWN under the conditions in Portugal. This plan shall be reviewed by 30 April 2007 and 30 March 2008.

Article 3

Member States of destination other than Portugal may:

(a)	subject consignments of susceptible wood, bark and plants, coming from demarcated areas in Portugal and moved into their territory, to testing for the presence of PWN;

(b)	take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex.

Article 4

Member States shall conduct official annual surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.

Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of such surveys shall be notified to the other Member States and the Commission by 15 December 2006 and 15 December 2007.

Article 5

Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which PWN is known to occur and a part designated as buffer zone of not less than 20 km width surrounding that part, taking into account the results of the surveys referred to in Article 4.

The Commission shall compile a list of ‘areas’ in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.

That list shall be updated according to the results of the surveys referred to in the first paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.

Article 6

Decision 2001/218/EC is hereby repealed.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 13 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/77/EC (OJ L 296, 12.11.2005, p. 17).

(2) OJ L 21, 26.1.2000, p. 36.

(3) OJ L 81, 21.3.2001, p. 34. Decision as last amended by Decision 2003/127/EC (OJ L 50, 25.3.2003, p. 27).

ANNEX

For the purpose of Article 2, the following conditions shall be complied with:

Without prejudice to the provisions referred to in point 2, in the case of movements from demarcated areas into areas in Portugal, other than demarcated areas or into other Member States of:

(a)

susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC (1), after:

—	the plants have been officially inspected and found free from signs or symptoms of PWN, and

—	no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

(b)

susceptible wood and isolated bark, other than wood in the form of:

—	chips, particles, wood waste or scrap obtained in whole or part from these conifers,

—	packing cases, crates or drums,

—	pallets, box pallets or other load boards,

—	dunnage, spacers and bearers,

but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs;

(c)	susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;

(d)

susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:

—	be stripped of its bark,

—	be free from grub holes which are larger than 3 mm across,

—	have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;

(e)

susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.

In cases of movements within demarcated areas of Portugal:

(a)

susceptible plants:

—

grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,

—	grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,

—

grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:

—	if identified in the period 1 November to 1 April, be felled within that period, or

—	if identified in the period 2 April to 31 October, be felled immediately and,

—	if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;

(b)

during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:

(i)

obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:

—	destroyed by burning under official control at appropriate places, or

—

moved under official control to either:

—	a processing plant to be chipped and utilised within this plant, or

—	an industrial plant for use as fuel wood within this plant, or

—

a processing plant, where the wood shall either be:

—	heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or

—	chipped and fumigated in order to ensure freedom from live PWNs;

(ii)

obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and of Monochamus spp.; if the presence of PWN or of Monochamus spp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and of Monochamus spp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:

—	in the case of chips, be used for industrial purposes within such an approved processing plant, or

—

in the case of wood:

—	be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or

—	be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or

—	be chipped and used for industrial purposes within this plant, or

—

be moved under official control to a plant, where the wood shall either be:

—	heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or

—	chipped and fumigated in order to ensure freedom from live pine wood nematodes, or

—	chipped and used for industrial purposes;

(c)

during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:

(i)

obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:

—	immediately destroyed by burning under official control at appropriate places, or

—

immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:

—	to be immediately chipped and used for industrial purposes, or

—	for immediate use as fuel within this plant, or

—	to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or

—	to be immediately chipped and fumigated in order to ensure freedom from live PWNs;

(ii)

obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:

—

officially tested for the presence of PWN and of Monochamus spp.; if the presence of PWN or of Monochamus spp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and of Monochamus spp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or

—

moved under official control to a plant where the wood shall either be:

—	chipped and used for industrial purposes, or

—	heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or

—	chipped and fumigated in order to ensure freedom from live PWNs;

(d)

susceptible bark shall be

—	destroyed by burning or used as fuel at an industrial processing plant, or

—	heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or

—	fumigated in order to ensure freedom from live PWNs;

(e)

susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:

—	in the period 1 November to 1 April, within that period, or

—	in the period 2 April to 31 October, immediately;

(f)	susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;

(g)

susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:

—	be stripped of its bark,

—	be free from grub holes which are larger than 3 mm across,

—	have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.

(1) OJ L 4, 8.1.1993, p. 22, Directive as amended by Directive 2005/17/EC (OJ L 57, 3.3.2005, p. 23).

23.2.2006

Official Journal of the European Union

L 52/39

COMMISSION DECISION

of 13 February 2006

fixing for the year 2006 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002

(notified under document number C(2006) 347)

(2006/134/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (1), and in particular Article 14a thereof,

Whereas:

(1)

Articles 13 and 14 of Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund (2) provide for measures to promote a switch of tobacco production. Those measures are to be financed by the Community Tobacco Fund set up by Article 13 of Regulation (EEC) No 2075/92.

(2)	The total amount available to the Community Tobacco Fund for 2006 is EUR 28,8 million, 50 % of which should be used to finance specific measures to help tobacco growers to switch to other crops or to other economic activities that create employment, and to fund related studies.

(3)	It is therefore necessary to fix an indicative allocation of the available amount between the Member States concerned in accordance with Article 17(2) of Regulation (EC) No 2182/2002.

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

HAS ADOPTED THIS DECISION:

Article 1

For the year 2006, the indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 shall be as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regulation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).

(2) OJ L 331, 7.12.2002, p. 16. Regulation as last amended by Regulation (EC) No 1881/2005 (OJ L 301, 18.11.2005, p. 3).

ANNEX

INDICATIVE ALLOCATIONS TO MEMBER STATES OF THE FINANCING UNDER THE COMMUNITY TOBACCO FUND OF THE MEASURES REFERRED TO IN ARTICLES 13 AND 14 OF REGULATION (EC) No 2182/2002 FOR THE YEAR 2006

(EUR)
Member State	Indicative allocation
Basis	100 % of the national guarantee threshold
	Value
Belgium	62 357
Germany	488 758
Greece	5 236 572
Spain	1 813 585
France	1 102 636
Italy	5 422 333
Austria	20 227
Portugal	253 531
Total	14 400 000

23.2.2006

Official Journal of the European Union

L 52/41

COMMISSION DECISION

of 22 February 2006

concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community

(notified under document number C(2006) 597)

(Text with EEA relevance)

(2006/135/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Regulation (EC) No 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular Article 18 thereof,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (4), and in particular Article 66(2) thereof,

Whereas:

(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 health and to reduce sharply the profitability of poultry farming. Under certain circumstances the disease may also pose a risk to human health. There is a risk that the disease agent might be spread to other holdings, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.

(2)

Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.

(3)

Where an H5 avian influenza virus collected from poultry is isolated on the territory of a Member State and where, pending the determination of the neuraminidase (N) type or of the pathogenicity index, the clinical picture and the epidemiological circumstances justify the suspicion of highly pathogenic avian influenza caused by highly pathogenic influenza A virus of subtype H5N1 or the presence of highly pathogenic avian influenza, in particular of that subtype, has been confirmed, the affected Member State should apply certain protection measures to minimise the risk of disease spread.

(4)	These protective measures should be implemented in addition to those foreseen in the framework of Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (5).

(5)	However, the measures provided for in Directive 92/40/EEC are minimum control measures and require supplementary provisions notably on the movement of certain birds and of products from poultry and other birds originating in the zone affected by the disease.

(6)

Given the particular disease risk and the epidemiological situation with regard to highly pathogenic avian influenza and taking into account the severe economic impact the disease may have, in particular when occurring in Densely Populated Poultry Areas, supplementary measures should aim at reinforcing the local control measures, regionalising the affected Member State by separating the affected part of the territory from the disease free part thereof, and providing reassurance to the poultry sector and the trade partners about the safety of products dispatched from the disease free part of the country.

(7)	Taking account of the differences in disease risk in case of an outbreak of highly pathogenic avian influenza, a high risk area and a low risk area should be established by the affected Member State in close collaboration with the Commission.

(8)

If the epidemiological situation so requires, measures appropriate in relation to the areas concerned by the outbreak or suspected outbreak of highly pathogenic avian influenza should be taken, in particular by describing these areas, and keeping this description updated depending on the situation, in Annex I to the present Decision in accordance with the procedure provided for in Article 10(3) or (4) of Directive 90/425/EEC and Article 9(3) or (4) of Directive 89/662/EEC.

(9)

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 (6), 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 (7), 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 (8), 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 (9).

(10)

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 (10) should be implemented in the areas affected by the disease.

(11)

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.

(12)

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.

(13)

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).

(14)

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, provides for the possibility to establish a specific identification mark and sets up the identification 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.

(15)

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 (14) 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.

(16)	This Decision should be reviewed in the light of the transposition of Directive 2005/94/EC by Member States.

(17)	Given the disease risk, protection measures should be adopted at Community level in order to address the particular risks in different areas.

(18)	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, scope and definitions

1. This Decision lays down certain protection measures to be applied in cases of highly pathogenic avian influenza in poultry in the territory of a Member State (hereinafter the ‘affected Member State’), caused by influenza A virus of subtype H5 suspected (‘suspected outbreak’) or confirmed (‘outbreak’) to be of the neuraminidase type N1, in order to prevent the spread of avian influenza into the disease free parts of the Community through movement of poultry, other birds as well as products thereof.

2. Except as otherwise provided, the definitions of Directive 2005/94/EC shall apply. In addition, the following definitions shall apply:

(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:

(i)	pet animals of the bird species as referred to in Article 3(a) of Regulation (EC) No 998/2003, and

(ii)	birds destined for approved bodies, institutes or centres as defined in Article 2(1) (c) of Directive 92/65/EEC.

3. For the purpose of this Decision the following shall also apply:

(a)

The area listed in Part A of Annex I, hereinafter ‘area A’, shall be considered the area at higher risk including, but not limited to, the protection zone established in accordance with paragraphs 2 and 3 of Article 9 and the surveillance zones established in accordance paragraph 4 of Article 9 of Directive 92/40/EEC.

(b)	The area listed in Part B of Annex I, hereinafter ‘area B’, shall separate area A from the disease free part of the affected Member State, if such part is identified, and the risk of disease in this area shall be considered minimal.

4. The measures set down in this Decision shall be applied without prejudice to the measures to be applied in the event of an outbreak of avian influenza in poultry taken in accordance with Directive 92/40/EEC.

Article 2

Establishment of areas A and B

1. Immediately following an outbreak or suspected outbreak of highly pathogenic avian influenza caused by influenza A virus of subtype H5 suspected or confirmed to be of the neuraminidase type N1, the affected Member State shall establish areas A and B, having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza, and notify them to the Commission, to the other Member States and, as appropriate, to the public.

2. The Commission, in collaboration with the affected Member State, shall examine the areas established by the affected Member State and take the appropriate measures in relation to those areas pursuant to Article 9(3) and (4) of Directive 89/662/EEC or to Article 10(3) or (4) of Directive 90/425/EEC.

3. If the neuraminidase type is confirmed as being different from N1, or the virus as of low pathogenicity, the affected Member State shall abolish the measures taken by it in relation to the areas concerned and notify the Commission and the other Member States.

The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and to Article 10(3) or (4) of Directive 90/425/EEC.

4. If the presence of a highly pathogenic influenza A virus, notably of the subtype H5N1, is confirmed in poultry, the affected Member States shall:

(a)	notify the Commission and the other Member States,

(b)

apply the measures provided for in Article 3(1) and (2) for as long as is necessary having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza until the date indicated in Annex I and in any case for at least 21 days in the case of the protection zone and 30 days in the case of the surveillance zone after the date of completion of the preliminary cleansing and disinfection on the outbreak holding in accordance with Article 11 of Directive 92/40/EEC,

(c)	keep the Commission and the other Member States informed about any development with regard to those areas.

Article 3

General prohibition

1. The affected Member State shall ensure that no live poultry and live birds other than poultry, and hatching eggs thereof are:

(a)	dispatched from areas A and B to other Member States and to third countries;

(b)	dispatched from areas A and B to the remaining part of the national territory of the affected Member State;

(c)	transported within areas A and B; and

(d)	moved between areas A and B.

2. The affected Member State shall ensure that no products other than hatching eggs of the species referred to in paragraph 1 and of wild feathered game are:

(a)	dispatched from areas A and B to other Member States and to third countries;

(b)	dispatched from areas A and B to the remaining part of the national territory of the affected Member State; and

(c)	transported between areas A and B.

Article 4

Derogations for live birds and day-old chicks

1. By way of derogation from Article 3(1), the affected Member State may authorise the transport of poultry or farmed feathered game, including spent laying hens,

(a)	from holdings in the protection zone for immediate slaughter to a slaughterhouse preferably located in the protection zone, if that is not possible, to a slaughterhouse outside the protection zone in the affected Member State which is designated by the competent authority;

(b)	from holdings in the surveillance zone, during the 15 days following the establishment of the zone, directly to a slaughterhouse within or outside the surveillance zone in the affected Member State which is designated by the competent authority;

(c)	from holdings in area A situated either within the surveillance zone after 15 days following its establishment or outside the surveillance zone, or in area B, to slaughterhouses in the affected Member State designated by the competent authority;

(d)	from holdings situated outside the area A or area B for immediate slaughter in a slaughterhouse designated by the competent authority and situated in area A or area B;

(e)	from holdings situated outside the area A or area B in transit by major highways or railways through area A outside the protection zone or area B.

2. By way of derogation from Article 3(1), the affected Member State may authorise the transport of day-old chicks:

(a)	from a hatchery situated in the protection zone to a holding within the protection or surveillance zone at which there are no other poultry and which is placed under the official control provided for in Article 8(2) of Directive 92/40/EEC;

(b)

from a hatchery situated in the surveillance zone to a holding or shed of such holding in the same Member State provided that appropriate biosecurity measures are applied and the holding is placed under official surveillance following the transport and day-old chicks shall remain on the holding of destination for at least 21 days;

(c)

from a hatchery situated in area A in the surveillance zone to any holding provided, they are hatched from eggs collected from holdings situated outside the protection and surveillance zone, and that the hatchery can ensure by its logistics and biosecurity working conditions that no contact has occurred between these eggs and any other hatching eggs or day-old-chicks originating from poultry flocks within those zones and which are therefore of a different health status;

(d)	from a hatchery situated in the part of area A outside the surveillance zone or in area B, and at least 10 km away from any suspected or infected hatchery or holding, to holdings under official control in the affected Member State;

(e)	from a hatchery situated in the part of area A outside the protection zone or in area B to holdings within or outside the area A, provided that the day-old chicks are hatched from eggs complying with the requirements in Article 5(1)(d).

3. By way of derogation from Article 3(1), the affected Member State may authorise the transport of ready-to-lay pullets, turkeys for fattening and other poultry or farmed feathered game:

(a)	from holdings in the protection zone to a holding within the surveillance zone at which there are no other poultry and which is placed under the official control provided for in Article 8(2) of Directive 92/40/EEC;

(b)

from holdings in the surveillance zone after the 15 days following its establishment to a holding in which there is no other poultry in the same Member State; that holding shall be placed under official surveillance following the arrival of the ready-to-lay poultry and the ready-to-lay poultry shall remain on the holding of destination for at least 21 days;

(c)	from holdings situated in the part of area A outside the surveillance zone or area B, and at least 10 km away from any suspected holding, to holdings under official control in the affected Member State.

4. By way of derogation from Article 3(1), the affected Member State may authorise transport of birds accompanying their owner to premises outside the area A or area B, if the consignment either consists of not more than 5 caged birds from holdings not keeping poultry or is destined for a quarantine established in accordance with Decision 2000/666/EC, and the birds are accompanied by a veterinary certificate in accordance with the model set up in Annex II, certifying compliance with the established animal health conditions, where required based on owners’ declaration in accordance with the model set up in Annex III.

5. The animal health certificates in accordance with Model 2 of Annex IV to Council Directive 90/539/EEC accompanying consignments of day-old chicks referred to in paragraph 2(c) and (e) shall include the words:

‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’

6. Movements allowed in paragraphs 1(a), 2(a) and 3(a) shall be directly executed, under official control. They shall be authorised only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use.

Article 5

Derogations for hatching eggs

1. By way of derogation from Article 3(1), the affected Member State may authorise the dispatch of hatching eggs:

(a)	collected on holdings situated on the day of collection in the protection zone to a hatchery designated by the competent authority; provided the eggs and their packing are disinfected before dispatch;

(b)	collected in holdings situated on the day of collection in the surveillance zone to a hatchery in the affected Member State which is designated by the competent authority, provided the eggs and their packaging are disinfected before dispatch;

(c)

collected in holdings situated on the day of collection in area A outside the surveillance zone or area B, and at least 10 km away from any suspect holding, to a designated hatchery in the affected Member State, or following agreement between the competent authorities, to a designated hatchery in another Member State or third country;

(d)

collected from holdings in area A outside the protection or surveillance zone or in area B on which the poultry has tested negative in a serological survey for avian influenza capable of detecting 5 % prevalence of disease with at least a 95 % level of confidence and traceability is ensured, to hatcheries within or outside the areas A or B.

2. Movements allowed in paragraph 1(a) shall be directly executed, under official control and only after the official veterinarian has carried out a health inspection of the holding and the means of transport are cleaned and disinfected before and after use.

3. The animal health certificates in accordance with Model 1 of Annex IV to Council Directive 90/539/EEC accompanying consignments of hatching eggs referred to in paragraph 1(c) and (d) to other Member States shall include the words:

‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’

Article 6

Derogations for meat, minced meat, meat preparations, mechanically separated meat and meat products

1. By way of derogation from Article 3(2), the affected Member State shall authorise the dispatch of:

(a)

fresh meat from poultry, including meat from ratites, referred to in Article 4(1) (a) and (b) if such meat is marked with the identification 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 table 1(a), (b) or (c) of Annex III to that Directive;

(b)

fresh meat from poultry, including meat from ratites, originating in area A, outside the protection zone and the surveillance zones during 15 days following its establishment, or area B, or produced from poultry referred to in Article 4(1)(d) 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;

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

(d)

fresh meat from poultry and farmed feathered game, minced meat and meat preparations and mechanically separated meat containing such meat, obtained from slaughter poultry or farmed feathered game originating in the part of area A outside the protection zone from area A or area B into the remaining part of its national territory of, if such meat:

(i)	was identified with a round stamp as setup in accordance with Article 4(2) of Directive 2002/99/EC in Annex IV to the present Decision; and

(ii)	was obtained, cut, stored and transported separately from other fresh meat from poultry or farmed feathered game destined for dispatch to other Member States or for exports to third countries; and

(iii)

is used in such a way as to avoid it being introduced into meat products or meat preparations intended for placing on the market in other Member States or for export to third countries, unless it has undergone the treatment as required for avian influenza specified in table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC.

2. By way of derogation from Article 3(2), the affected Member State shall authorise the dispatch of:

(a)

fresh meat from wild feathered game originating in area A or area B, 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 table 1(a), (b) or (c) of Annex III to that Directive;

(b)	meat products produced from meat from wild feathered game originating in area A or in area B which were subjected to a treatment as required for avian influenza in table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC;

(c)

fresh meat from wild feathered game originating outside the areas A and B and produced in establishments within area A or area B 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;

(d)	minced meat, meat preparations, mechanically separated meat and meat products containing meat referred to in point (c) and produced in establishments situated in area A or area B in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

3. The affected Member State shall ensure that the products referred to in paragraphs 1(b), (c) and 2(b), (c), (d) are accompanied by commercial documents stating:

‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’

Article 7

Derogations for eggs for human consumption and egg products

1. By way of derogation from Article 3(2), the affected Member State may authorise the dispatch of eggs collected from holdings in the protection or surveillance zone:

(a)	for human consumption to a packing centre designated by the competent authority, provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied;

(b)	to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004;

(c)	for disposal in accordance with Regulation (EC) No 1774/2002.

2. By way of derogation from Article 3(2), the dispatch to any destination shall be allowed for:

(a)	eggs for human consumption collected from holdings in area A, outside the protection or surveillance zone, or area B;

(b)	pasteurised egg products in accordance with Chapter II of Section X of Annex III to Regulation (EC) No 853/2004.

3. The affected Member State shall ensure that consignments of eggs for human consumption referred to in paragraph 1(a) are accompanied by commercial documents stating:

‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’

Article 8

Derogation for animal by-products

1. By way of derogation from Article 3(2), the affected Member State shall authorise:

(a)	the dispatch from area A or area B of the animal by products complying with the conditions set up 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 Chapters II (B), III (II) (A) and VII (A) (1)(a) of Annex VIII to Regulation (EC) No 1774/2002;

(b)	the dispatch from area B of untreated 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 or farmed feathered game;

(c)	the dispatch from area A or area B of feathers and parts of feathers that have been treated with a steam current, or by some other method that ensures that no pathogens remains, produced from poultry or farmed feathered game.

2. The affected Member State shall ensure that the products referred to in paragraph 1(b) and (c) of this Article are accompanied by a commercial document in accordance with Chapter X of Annex II to Regulation (EC) No 1774/2002 stating, in the case of the products referred to in paragraph 1(c) of this Article, in point 6.1 of that document that those products have been treated with a steam current or by some other method ensuring that no pathogens remains.

However, that commercial document shall not be required for processed decorative feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purpose.

Article 9

Conditions for movements

1. Where movements of animals or products thereof covered by this Decision are authorised under Articles 4, 5, 6, 7 and 8, the authorisation shall be based on the favourable outcome of a risk assessment carried out by the competent authority and all appropriate biosecurity measures shall be taken to avoid the spread of avian influenza.

2. Where the dispatch, movement or transport of products referred to in paragraph 1 are authorised under Articles 5, 6, 7 and 8, subject to justified conditions or limitations, they must be obtained, handled, treated, stored and transported without compromising the animal health status of other products fulfilling all the animal health requirements for trade, placing on the market or export to third countries.

Article 10

Compliance and Information

All Member States shall immediately adopt and publish the measures necessary to comply with this Decision. They shall immediately inform the Commission thereof.

The affected Member State shall apply those measures as soon as it reasonably suspects the presence of highly pathogenic avian influenza virus, in particular of the subtype H5N1, in poultry.

The affected Member State shall regularly provide to the Commission and the other Member States the necessary information on the epidemiology of the disease and, where appropriate the additional control and surveillance measures and the awareness campaigns implemented.

Article 11

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 22 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC (OJ L 157, 30.4.2004, p. 33).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(4) OJ L 10, 14.1.2006, p. 16.

(5) OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003.

(6) OJ L 10, 14.1.2006, p. 16.

(7) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003 Act of Accession.

(8) OJ L 139, 30.4.2004, p. 206; corrected version in OJ L 226, 25.6.2004, p. 83; Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(9) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(10) OJ L 274, 20.10.2005, p. 105. Decision as last amended by Decision 2005/855/EC (OJ L 316, 2.12.2005, p. 21).

(11) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 321).

(12) OJ L 139, 30.4.2004, p. 55; corrected version in OJ L 226, 25.6.2004, p. 22; Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(13) OJ L 18, 23.1.2003, p. 11.

(14) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

ANNEX I

PART A

Area A as referred to in Article 2(1):

ISO Country Code	Member State	Area A	Date until applicable

PART B

Area B as referred to in Article 2(2):

ISO Country Code	Member State	Area B	Date until applicable

ANNEX II

Model certificate for the movement of pet birds in accordance with Article 4(4):

ANNEX III

Declaration of the owner or representative of the owner of the pet birds as required by Article 4 (4):

ANNEX IV

Details of the identification mark referred to in Article 6 (1) (d) (i):

Dimensions:

XYZ (1)= 8 mm

1234 (2)= 11 mm

Circle outer diameter= not less than 30 mm

Line thickness of circle= 3 mm

(1) means the relevant country code provided for in point 6 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.

(2) means the approval number of the establishment referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.

EUROPEAN ECONOMIC AREA

Standing Committee of the EFTA States

23.2.2006

Official Journal of the European Union

L 52/54

DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

No 4/2004/SC

of 3 June 2004

establishing a Financial Mechanism Committee

THE STANDING COMMITTEE OF THE EFTA STATES,

Having regard to the Agreement on the European Economic Area as adjusted by the Protocol adjusting the Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement),

Having regard to the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic in the European Economic Area (hereinafter referred to as the EEA Enlargement Agreement),

Having regard to Protocol 38a on the EEA Financial Mechanism inserted into the EEA Agreement by the EEA Enlargement Agreement,

Having regard to the Agreement between the Kingdom of Norway and the European Community on a Norwegian Financial Mechanism for the period 2004 to 2009,

Having regard to the Decision of the Standing Committee of the EFTA States No 4/2003/SC of 4 December 2003 establishing an EEA Financial Mechanism Interim Committee,

Having regard to the Decision of the Standing Committee of the EFTA States No 1/2004/SC of 5 February 2004 establishing an Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism,

HAS DECIDED AS FOLLOWS:

Article 1

A Financial Mechanism Committee (hereinafter referred to as the Committee) shall be established and replace the EEA Financial Mechanism Interim Committee as soon as each EEA EFTA State has appointed its members. The Committee shall manage the EEA Financial Mechanism.

Article 2

The Committee shall adopt the rules and procedures for the implementation of the EEA Financial Mechanism and submit them to the Standing Committee for approval, as well as take all decisions necessary for its proper functioning.

Article 3

The Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism shall serve as a secretariat to the EEA Financial Mechanism Committee.

Article 4

Each EFTA State, party to the EEA Agreement, shall be represented on the Committee and have one vote.

Article 5

1. Decisions by the Committee shall be taken by unanimous vote. Decisions shall be regarded as taken unanimously if no member casts a negative vote.

2. However, a decision to reject a grant shall be regarded as taken if at least one member votes for its rejection.

3. Other matters, on which the Committee does not agree unanimously, may be referred to the Standing Committee of the EFTA States.

Article 6

1. On the basis of the principle of cost sharing, established by a decision of the Standing Committee, the Financial Mechanism Committee shall, at the beginning of each financial year of the commitment period (2004 to 2009), calculate the share of each annual tranche to be made available for commitment by each EEA EFTA State to the EEA Financial Mechanism.

2. Calls for initial payments and subsequent replenishments shall be issued by the Director of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism.

Article 7

The Committee shall regularly report on its activities and on the operation of the EEA Financial Mechanism to the Standing Committee of the EFTA States. The Committee shall annually submit a report to the Standing Committee.

Article 8

The Committee shall adopt its own rules of procedure.

Article 9

This Decision shall remain in force until all obligations of the EEA Financial Mechanism have been fulfilled.

Article 10

This Decision shall take immediate effect.

Article 11

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 3 June 2004.

For the Standing Committee

The Chairman

HSH Prinz Nikolaus von LIECHTENSTEIN

The Secretary-General

William ROSSIER