28.7.2006   

EN

Official Journal of the European Union

L 207/1

(1)

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

(2)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/3

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(b) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 318/2006.

(5)

The negotiations within the framework of the Europe Agreements between the European Community and Romania and Bulgaria aim in particular to liberalise trade in products covered by the common organisation of the market concerned. For those two countries export refunds should therefore be abolished.

(6)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/5

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(c), (d) and (g) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2).

(5)

The negotiations within the framework of the Europe Agreements between the European Community and Romania and Bulgaria aim in particular to liberalise trade in products covered by the common organisation of the market concerned. For those two countries export refunds should therefore be abolished.

(6)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/7

(1)

Commission Regulation (EC) No 958/2006 of 28 June 2006 on a standing invitation to tender to determine refunds on exports of white sugar for the 2006/2007 marketing year (2) requires the issuing of partial invitations to tender.

(2)

Pursuant to Article 8(1) of Regulation (EC) No 958/2006 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 27 July 2006, it is appropriate to fix a maximum export refund for that partial invitation to tender.

(3)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/8

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the market in milk and milk products, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 31 of Regulation (EC) No 1255/1999.

(3)

The second subparagraph of Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

In accordance with the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (2) approved by Council Decision 98/486/EC (3), a certain amount of Community milk products exported to the Dominican Republic can benefit from reduced customs duties. For this reason, export refunds granted to products exported under this scheme should be reduced by a certain percentage.

(5)

The uptake of export refunds for certain products proves to be insignificant. For such products, export refunds should no longer be fixed.

(6)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/12

(1)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 25 July 2006.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

28.7.2006   

EN

Official Journal of the European Union

L 207/14

(1)

Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds of skimmed milk powder (2), provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 25 July 2006.

(3)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/15

(1)

Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (2) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.

(2)

The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.

(3)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(a)

EUR/tonne 10,86 for starch from maize, wheat, barley and oats;

(b)

EUR/tonne 15,33 for potato starch.

28.7.2006   

EN

Official Journal of the European Union

L 207/16

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

However, in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

(5)

Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products.

(6)

Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

(7)

Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.

(8)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/19

(1)

Article 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

(6)

Pursuant to Article 15(2) and (3) of Regulation (EC) No 1043/2005, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

(8)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

28.7.2006   

EN

Official Journal of the European Union

L 207/23

(1)

Article 32(1) and (2) of Regulation (EC) No 318/2006 provides that the differences between the prices in international trade for the products listed in Article 1(1)(b), (c), (d) and (g) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex VII to that Regulation.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006.

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

(4)

Article 32(4) of Regulation (EC) No 318/2006 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing.

(5)

The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.

(6)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(7)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/25

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 1058/2006 (2).

(2)

Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3) the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/26

(1)

An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 936/2006 (2).

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

(4)

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

28.7.2006   

EN

Official Journal of the European Union

L 207/27

28.7.2006   

EN

Official Journal of the European Union

L 207/30

(1)

The terms of office of the present members of the European Economic and Social Committee expire on 20 September 2006. The members of that Committee should therefore be appointed for a further period of four years as from 21 September 2006.

(2)

The Czech, German, Estonian, Spanish, French, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak Governments have submitted lists containing a number of candidates equal to the number of seats allocated to them by the Treaties.

(3)

The Italian Government has submitted a list containing 22 candidates. At a later stage it will propose two further candidates to complete this list and arrive at a number of candidates equal to the number of seats allocated to it by the Treaties,

28.7.2006   

EN

Official Journal of the European Union

L 207/39

(1)

Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (1) states that ‘with effect from the respective cash changeover dates, the ECB and the central banks of the participating Member States shall put into circulation banknotes denominated in euro in the participating Member States’.

(2)

To permit a smooth introduction of the euro in future participating Member States, a legal framework to enable the national central banks (NCBs) of these Member States to borrow euro banknotes and coins from the Eurosystem for the purpose of frontloading and sub-frontloading them prior to the cash changeover should be established, taking into account different possible national cash changeover scenarios.

(3)

Frontloading of euro banknotes and coins to eligible counterparties, and sub-frontloading to professional third parties, would contribute to a smooth cash changeover, alleviate the logistical burden of adopting the euro and contribute to reducing the costs associated with dual currency circulation.

(4)

Frontloading and sub-frontloading of euro banknotes and coins should not amount to putting such euro banknotes and coins into circulation as they will not have the status of legal tender in the future participating Member States before the cash changeover date; consequently the contractual arrangements for loans of euro banknotes and coins should contain obligations to impose certain restrictions on eligible counterparties and professional third parties in order to avoid this happening.

(5)

Frontloading to eligible counterparties and sub-frontloading to professional third parties may only take place if statutory provisions in the future participating Member States provide sufficient protection, or contractual arrangements are established between the parties involved, in relation to: (i) loans of euro banknotes and coins for frontloading; (ii) frontloading; and (iii) sub-frontloading.

(6)

This Guideline should: (i) set out the rules to be applied for the contractual framework and conditions for frontloading and sub-frontloading; (ii) lay down the accounting and financial reporting requirements to be observed in relation to frontloading and sub-frontloading; and (iii) provide for appropriate arrangements to insure frontloaded and sub-frontloaded euro banknotes and coins.

(7)

While the primary competence for establishing the regime for the issue of euro coins lies with the participating Member States, future Eurosystem NCBs play an essential role in the distribution of euro coins. Therefore, the provisions of this Guideline which relate to euro coins should be viewed as recommendations to be applied by the NCBs within the framework for the issue of euro coins to be set up by the competent national authorities of the future participating Member States.

(8)

Providing the future Eurosystem NCBs with euro banknotes and coins for the purpose of frontloading entails certain financial risks. To cover these risks, the future Eurosystem NCBs should commit to repay the euro banknotes borrowed from the Eurosystem from the future banknote production requirements allocated to them. Furthermore, frontloading should only be permitted if eligible counterparties provide the relevant future Eurosystem NCB with sufficient eligible collateral.

(9)

The Eurosystem NCB delivering euro banknotes and coins for the purpose of frontloading and the future Eurosystem NCBs should conclude specific contractual arrangements to adhere to the rules and procedures laid down in this Guideline.

(10)

Unless national statutory provisions in force in the future participating Member States ensure that equivalent rules and procedures apply, the conditions laid down in this Guideline for frontloading and subsequent sub-frontloading must be incorporated in contractual arrangements between the future Eurosystem NCBs, eligible counterparties and professional third parties.

(11)

The ECB, as coordinator of frontloading, should be informed in advance of requests for frontloading, and the future Eurosystem NCBs should inform the ECB of any decisions to frontload,

—

‘frontloading’ means the physical delivery of euro banknotes and coins by a future Eurosystem NCB to eligible counterparties in the territory of a future participating Member State during the frontloading/sub-frontloading period;

—

‘frontloading/sub-frontloading period’ means the period during which frontloading and sub-frontloading take place, which shall commence no sooner than four months prior to the cash changeover date and end at 00.00 (local time) on the cash changeover date;

—

‘sub-frontloading’ means the delivery of frontloaded euro banknotes and coins by an eligible counterparty to professional third parties in the territory of a future participating Member State during the frontloading/sub-frontloading period;

—

‘euro area’ means the territory of the participating Member States;

—

‘cash changeover date’ means the date on which euro banknotes and coins become legal tender in a given future participating Member State;

—

‘participating Member State’ means a Member State that has adopted the euro;

—

‘future participating Member State’ means a non-participating Member State that has fulfilled the conditions set for the adoption of the euro and in relation to which a decision on the abrogation of the derogation (pursuant to Article 122(2) of the Treaty) has been taken;

—

‘non-participating Member State’ means a Member State that has not adopted the euro;

—

‘Eurosystem’ means the NCBs of the participating Member States and the ECB;

—

‘eligible counterparty’ means an entity as defined in Article 5 which fulfils the requirements to receive euro banknotes and coins for the purpose of frontloading;

—

‘professional third parties’ means certain commercial target groups, such as retailers, the cash-operated machine industry and cash in transit companies which are located in the same future participating Member State as an eligible counterparty, and which the eligible counterparty considers to have a legitimate need to be sub-frontloaded and to be able to satisfy the requirements in relation to sub-frontloading;

—

‘cash in transit company’ means an entity providing transport, storage and handling services of banknotes and coins for credit institutions;

—

‘Eurosystem NCB’ means the NCB of a participating Member State;

—

‘future Eurosystem NCB’ means the NCB of a future participating Member State;

—

‘eligible collateral’ means collateral as defined in Article 8;

—

‘delivering Eurosystem NCB’ means a Eurosystem NCB that delivers to a future Eurosystem NCB euro banknotes and coins for the purpose of frontloading, regardless of which Eurosystem NCB is the legal owner of such banknotes and coins;

—

‘launch requirements’ means the quantity of euro banknotes and coins that it is expected will be needed in a future participating Member State on the cash changeover date to cover demand for a period of one year;

—

‘Eurosystem business day’ means a day on which the ECB or one or more NCBs are open for business, on which TARGET or the system replacing TARGET is open, and which is a settlement day for euro money market and foreign exchange transactions involving the euro;

—

‘TARGET’ means the Trans-European Automated Real-time Gross settlement Express Transfer system;

—

‘credit institution’ means an institution as defined in Article 1(1)(a) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions (2);

—

‘legacy currency’ means the national currency unit of a future participating Member State before the cash changeover date.

(a)

During the frontloading/sub-frontloading period, the future Eurosystem NCB shall record the amount of euro banknotes and coins delivered for the purpose of frontloading (and for launch requirements) off-balance sheet at their face value.

(b)

The future Eurosystem NCB shall report the amount of the frontloaded and sub-frontloaded euro banknotes and coins to the delivering Eurosystem NCB(s).

(c)

The future Eurosystem NCB shall report the total amount (broken down by denomination) of any frontloaded or sub-frontloaded euro banknotes that entered into circulation before the cash changeover date, as well as the date on which it became aware that these banknotes had entered into circulation.