8.8.2006   

EN

Official Journal of the European Union

L 217/1

(1)

The Commission conducted a study on the implementation of waste-related provisions of Regulation (EC) No 850/2004.

(2)

The proposed concentration limits in Annex IV to Regulation (EC) No 850/2004 are considered the most appropriate to ensure a high level of protection of human health and the environment in view of the destruction or irreversible transformation of the persistent organic pollutants.

(3)

For toxaphene, a mixture of over 670 substances, no agreed and relevant analytical methodology to determine the total concentration is available. However, the above mentioned study did not identify any stocks consisting of, containing or contaminated with toxaphene in the European Union. In addition, the study demonstrated that, whenever any persistent organic pollutant pesticides were detected in wastes, their concentrations were usually high when compared with the proposed concentration limits. For the time being, the available analytical methodologies for the determination of toxaphene may be considered adequate for the purposes of this Regulation.

(4)

The concentration limit for PCDF/PCDD is expressed in toxic equivalent concentration (‘TEQ’), using the 1998 World Health Organisation toxic equivalency factors (‘TEFs’). Available data on dioxin-like PCBs are not sufficient to include these compounds in the TEQ.

(5)

Hexachlorocyclohexane (HCH) is the name of a technical mixture of various isomers. The effort to completely analyse them would be disproportionate. Only alpha-, beta- and gamma-HCH is of toxicological relevance. Therefore, the concentration limit exclusively refers to them. Most commercially available analytical standard mixtures for the analysis of this compound class only identify these isomers.

(6)

Regulation (EC) No 850/2004 should therefore be amended accordingly.

(7)

The Committee provided for in Article 17(1) of Regulation (EC) No 850/2004 has not delivered an opinion on the measures laid down in this Regulation, following its consultation, on 25 January 2006, in accordance with the procedure laid down in Article 17(2) of that Regulation,

8.8.2006   

EN

Official Journal of the European Union

L 217/4

(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,

8.8.2006   

EN

Official Journal of the European Union

L 217/6

(1)

Commission Regulation (EEC) No 2967/85 (3) lays down detailed rules for the application of the Community scale for grading pig carcases, and in particular the method for assessing the lean meat content of pig carcases.

(2)

The results of recent research regarding the grading of pig carcases, in particular in the framework of the EUPIGCLASS project, have underlined the importance to improve the quality of sampling and to simplify the method for assessing the lean meat content of pig carcases.

(3)

The method for assessing the lean meat content of pig carcases and the calculation of the reference lean meat percentage laid down in Regulation (EEC) No 2967/85 should therefore be adapted.

(4)

Regulation (EEC) No 2967/85 should therefore be amended accordingly.

(5)

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

1.

In Article 3, paragraphs 1 and 2 are replaced by the following:

‘1.   The standard statistical method for assessing the lean meat content of pig carcases authorised as a grading method within the meaning of Article 2(3) of Regulation (EEC) No 3220/84 shall be either ordinary least squares or rank reduced methods, but other statistically proven methods may be used.

The method shall be based on a representative sample of the national or regional pigmeat production concerned, consisting of at least 120 carcases whose lean meat content has been ascertained in accordance with the dissection method laid down in Annex I to this Regulation. If multiple sampling methods are used, the reference shall be measured on at least 50 carcases and the precision shall be at least equal to that obtained using the standard statistical method on 120 carcases using the method in Annex I.

2.   Grading methods shall be authorised only if the root mean squared error of prediction (RMSEP), computed by a full cross-validation technique, is less than 2,5. In addition, any outliers shall be included in the calculation of RMSEP.’.

2.

in Annex I, point 2 is replaced by the following:

8.8.2006   

EN

Official Journal of the European Union

L 217/8

(1)

Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

(2)

Imported crude oil and petroleum products are of importance in providing the Community with supplies of energy. Any difficulty, even temporary, having the effect of reducing supplies of such products imported from third States, or significantly increasing the price thereof on international markets, could cause serious disturbances in the economic activity of the Community. The Community must therefore be in a position to offset or at least to diminish any harmful effects in such a case.

(3)

A crisis in obtaining supplies could occur unexpectedly and it is therefore essential to establish forthwith the necessary means to make good a possible shortage.

(4)

To this end, it is necessary to increase the security of supply for crude oil and petroleum products in Member States by establishing and maintaining minimum stocks of the most important petroleum products.

(5)

It is necessary that the organisational arrangements for oil stocks do not prejudice the smooth running of the internal market.

(6)

In Directive 73/238/EEC (5) the Council decided upon appropriate measures — including drawing on oil stocks — to be taken in the event of difficulties in the supply of crude oil and petroleum products to the Community; Member States have undertaken similar obligations in the Agreement on an ‘International Energy Programme’.

(7)

It is necessary that stocks be at the disposal of Member States should difficulties in oil supply arise. Member States should possess the powers and the capacity to control the use of stocks so that they can be made available promptly for the benefit of the areas which most need oil supplies.

(8)

Organisational arrangements for the maintenance of stocks should ensure the stocks' availability and their accessibility to the consumer.

(9)

It is appropriate that organisational arrangements for the maintenance of stocks are transparent, ensuring a fair and non-discriminatory sharing of the burden of the stock-holding obligation. Therefore, information relating to the cost of holding oil stocks may be made available by Member States to interested parties.

(10)

In order to organise the maintenance of stocks, Member States may have recourse to a system based on a stockholding body or entity which will hold all, or part, of the stocks making up their stock-holding obligation. The balance, if any, should be maintained by refiners and other market operators. Partnership between the Government and the industry is essential to operate efficient and reliable stock-holding mechanisms.

(11)

Indigenous production contributes in itself to security of supply. The oil market evolution can justify an appropriate derogation from the obligation to maintain oil stocks for Member States with indigenous oil production. In accordance with the principle of subsidiarity, Member States may exempt undertakings from the obligation to maintain stocks in respect of an amount not exceeding the quantity of products which those undertakings manufacture from indigenously produced crude oil.

(12)

It is appropriate to adopt approaches which are already followed by the Community and the Member States within their international obligations and agreements. Owing to changes in the pattern of oil consumption, international aviation bunkers have become an important component of this consumption.

(13)

There is a need to adapt and simplify the Community statistical reporting mechanism concerning oil stocks.

(14)

Oil stocks can, in principle, be held anywhere in the Community and, therefore, it is appropriate to facilitate the establishment of stocks outside national territory. It is necessary that decisions for holding stocks outside national territory be taken by the Government of the Member State concerned according to its needs and supply security considerations. In the case of stocks held at the disposal of another undertaking, or body/entity, more detailed rules are needed to guarantee their availability and accessibility in the event of oil supply difficulties.

(15)

It is desirable, in order to ensure the smooth running of the internal market, to promote the use of agreements between Member States concerning minimum stockholding in order to further the use of storage facilities in other Member States. It is for the Member States concerned to take the decision to conclude such agreements.

(16)

It is appropriate to reinforce the administrative supervision of stocks and establish efficient mechanisms for the control and verification of stocks. A regime of sanctions is necessary to impose such a control.

(17)

The Council should be regularly informed on the state of the security stocks in the Community.

(18)

Since the objective of the action to be taken, namely the maintenance of a high level of security in the supply of crude oil within the Community, by means of reliable and transparent arrangements based on solidarity between Member States, while complying with the rules of the internal market and the competition rules, may be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(19)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

(a)

motor spirit and aviation fuel (aviation spirit and jet-fuel of the gasoline type);

(b)

gas oil, diesel oil, kerosene and jet-fuel of the kerosene type;

(c)

fuel oils.

(a)

finished products shall be accounted for according to their actual tonnage;

(b)

crude oil and intermediate products shall be accounted for:

(a)

supplies on board oil tankers in port for the purpose of discharging, once the port formalities have been completed;

(b)

supplies held in ports of discharge;

(c)

supplies held in tanks at the entry to oil pipelines;

(d)

supplies held in refinery tanks, excluding those supplies in pipes and refining plant;

(e)

supplies held in storage by refineries and by importing, storage or wholesale distribution firms;

(f)

supplies held in storage by large-scale consumers in compliance with the provisions of national law concerning the obligation to maintain permanent stocks;

(g)

supplies held in barges and coasting-vessels engaging in transport within national frontiers, on condition that it is possible for the competent authorities to keep a check on such supplies and provided that the supplies can be made available immediately.

(a)

they must relate to crude oil and to all petroleum products covered by this Directive;

(b)

they must lay down conditions and arrangements for the maintenance of stocks with the aim of safeguarding control and availability of these stocks;

(c)

they must specify the procedures for checking and identifying the stocks provided for, inter alia, the methods for carrying out and cooperating on inspections;

(d)

they must as a general rule be concluded for an unlimited period;

(e)

they must state that, where provision is made for unilateral termination, the latter shall not operate in the event of a supply crisis and that, in any event, the Commission shall receive prior information of any termination.

(a)

the beneficiary undertaking, or body/entity, must have the contractual right to acquire these stocks throughout the period of the contract; the methodology for establishing the price of such acquisition must be agreed between the parties concerned;

(b)

the minimum period of such a contract must be 90 days;

(c)

storage location and/or companies holding the stocks at the disposal of the beneficiary undertaking, or body/entity, as well as quantity and category of product, or crude oil, stored in that location must be specified;

(d)

the actual availability of the stocks for the beneficiary undertaking, or body/entity, must be guaranteed, at all times throughout the period of the contract, by the undertaking or body/entity holding the stocks at the disposal of the beneficiary undertaking, or body/entity;

(e)

the undertaking, or body/entity, holding the stocks at the disposal of the beneficiary undertaking, or body/entity, must be one which is subject to the jurisdiction of the Member State on whose territory the stocks are situated insofar as the legal powers of that Member State to control and verify the existence of the stocks are concerned.

(a)

the date upon which stocks fell below the compulsory minimum;

(b)

the reasons for such withdrawals;

(c)

the measures, if any, taken to replenish stocks;

(d)

an appraisal, if possible, of the probable development of the situation with regard to the stocks while they remain below the compulsory minimum.

8.8.2006   

EN

Official Journal of the European Union

L 217/16

(1)

The Council has authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(2)

The Commission has negotiated on behalf of the Community an agreement with the former Yugoslav Republic of Macedonia on certain aspects of air services, hereinafter referred to as ‘the Agreement’, in accordance with the mechanisms and directives in the Annex to the Council's decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(3)

The Agreement should be signed and provisionally applied subject to its conclusion at a later date,

8.8.2006   

EN

Official Journal of the European Union

L 217/28

8.8.2006   

EN

Official Journal of the European Union

L 217/29

(1)

Directive 2003/85/EC sets out minimum control measures to be applied in the event of an outbreak of foot-and-mouth disease and certain preventive measures aimed at increasing the awareness and preparedness of the competent authorities and the farming community concerning that disease.

(2)

The preventive measures set out in Directive 2003/85/EC include the provision that Member States are to ensure that the handling of the live foot-and-mouth disease virus for the manufacturing of either inactivated antigens for the production of vaccines or vaccines and related research is carried out only in approved laboratories listed in Part B of Annex XI to that Directive.

(3)

The competent authorities of Germany have officially informed the Commission of some changes relating to manufacturers of foot-and-mouth disease vaccines in this Member State. Germany has renewed the necessary security guarantees for the laboratory situated on its territory.

(4)

For security reasons it is important to keep the list of laboratories authorised to handle live foot-and-mouth disease virus for vaccine production in Directive 2003/85/EC updated.

(5)

Accordingly, it is necessary to replace the list of laboratories authorised to handle live foot-and-mouth disease virus for vaccine production in Part B of Annex XI to Directive 2003/85/EC by the list set out in the Annex to this Decision.

(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,

8.8.2006   

EN

Official Journal of the European Union

L 217/31

(1)

Classical swine fever is a threat for domestic and feral pigs (wild boar) in the Community.

(2)

Outbreaks of classical swine fever in domestic pig holdings can lead to very serious consequences and economic losses in the Community, in particular if they occur in areas with a high density of pigs.

(3)

The rules for applying emergency vaccination of domestic and feral pigs and the definition of marker vaccine are laid down in Directive 2001/89/EC.

(4)

The Community already has 1 000 000 doses of live attenuated vaccine against classical swine fever in stock and is in the process of purchasing 1 550 000 doses of marker vaccine against classical swine fever.

(5)

An emergency vaccination against classical swine fever with marker vaccine that exceeds the number of doses of vaccine that the Community stocks has become more likely in the light of the situation in the Community and especially the situation of the disease in the acceding States.

(6)

For the purpose of reinforcing the Community capability to respond quickly to classical swine fever, it is necessary to purchase an adequate number of doses of marker vaccine and to make arrangements for keeping them in stock and having them rapidly available in case of an emergency.

(7)

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