15.8.2006   

EN

Official Journal of the European Union

L 222/1

(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,

15.8.2006   

EN

Official Journal of the European Union

L 222/3

(1)

Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2) lays down that intervention butter placed on sale must have entered into storage before 1 January 2004.

(2)

Article 1(a) of 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 on the Community market (3) lays down that intervention butter bought in under Article 6(2) of Regulation (EC) No 1255/1999 to be sold at reduced prices must have been taken into storage before 1 January 2004.

(3)

Given the situation on the butter market and the quantities of butter in intervention storage it is appropriate that butter in storage before 1 January 2005 should be available for sale.

(4)

Regulations (EC) No 2771/1999 and (EC) No 1898/2005 should therefore be amended accordingly.

(5)

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

15.8.2006   

EN

Official Journal of the European Union

L 222/4

(1)

Cyprus has acceded to the Community with effect from 1 May 2004.

(2)

The Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Israel Association Agreement (2), approved by Council Decision 2003/917/EC (3), provides for preferential conditions for imports of flowers originating in Israel with effect from 1 January 2004.

(3)

The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of the agricultural protocols to the EC-Morocco Association Agreement (4), approved by Council Decision 2003/914/EC (5), provides for preferential conditions for imports of flowers originating in Morocco with effect from 1 January 2004.

(4)

The Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement (6), approved by Council Decision 2005/4/EC (7), provides for preferential conditions for imports of flowers originating in the West Bank and the Gaza Strip with effect from 1 January 2005.

(5)

The 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 as well as replacing Annexes I, II, III and IV and Protocols 1 and 2 to that Agreement (8), approved by Council Decision 2006/67/EC (9), provides for preferential conditions for imports of flowers originating in Jordan with effect from 1 January 2006.

(6)

Detailed rules for the application of the arrangements for the import into the Community of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip, as foreseen in Commission Regulation (EEC) No 700/88 (10), and other management measures are therefore no longer necessary.

(7)

Regulation (EEC) No 700/88 should therefore be repealed.

(8)

The measure provided for in this Regulation is in accordance with the opinion of the Management Committee for Live Plants,

15.8.2006   

EN

Official Journal of the European Union

L 222/6

(1)

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

(2)

On 2 August 2006, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.

(3)

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

15.8.2006   

EN

Official Journal of the European Union

L 222/8

(1)

Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.

(3)

Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.

(4)

The import duties are applicable until new duties are fixed and enter into force.

(5)

In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.

(6)

Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,

15.8.2006   

EN

Official Journal of the European Union

L 222/11

(1)

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

(2)

Cases of highly pathogenic avian influenza (HPAI) of the subtype virus H5N1, hereinafter ‘HPAI H5N1’, have been suspected or confirmed in several Member States. Taking into account the epidemiological situation, Commission Decision 2006/115/EC of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (4) was adopted.

(3)

The measures laid down in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (5) were reviewed in-depth in the light of recent scientific knowledge on the risk of avian influenza for animal and public health, the development of new laboratory tests and vaccines and the experience gained during recent outbreaks of that disease in the Community as well as in third countries. Taking account of that review, Directive 92/40/EEC was repealed and replaced by 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), which is to be transposed by Member States by 1 July 2007.

(4)

Pending the transposition of Directive 2005/94/EC and given the current disease situation in relation to avian influenza in the Community, it was necessary to lay down transitional measures to be applied on holdings where outbreaks of avian influenza caused by HPAI viruses are suspected or confirmed in poultry or other captive birds.

(5)

Those transitional measures, which are laid down in Commission Decision 2006/416/EC of 14 June 2006 concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry or other captive birds in the Community (7), should enable the Member States to adopt disease control measures in a proportionate and flexible manner, taking into account the various levels of risk posed by the different virus strains, the likely social and economic impact of the measures in question on the agriculture sector and other sectors involved, while at the same time ensuring that the measures taken for each specific scenario are the most appropriate.

(6)

With progress made in transposition of Directive 2005/94/EC by certain Member States, any reference to the transitional measures should be construed as a reference to the corresponding paragraph in Directive 2005/94/EC.

(7)

In order to complement the measures pursuant to Directive 92/40/EEC Commission Decision 2006/135/EC of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community (8) was adopted.

(8)

Decision 2006/135/EC has now been replaced by Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (9) in order to harmonise the interaction between the transitional measures to be taken in case of a HPAI outbreak in poultry and the additional restrictions in case of a HPAI H5N1 suspected or confirmed outbreak in poultry or other captive birds.

(9)

Experience with the implementation of Decision 2006/115/EC in affected Member States has shown that certain adjustments for the establishment of the restricted zones and for certain restrictions of movements of live poultry or products derived from them should be permitted on the basis of a risk assessment performed by the competent authority taking into account the level of risk influenced by geographical, limnological, ecological and epizootiological factors.

(10)

In the interests of consistency of Community legislation, it is appropriate to apply for the purposes of this Decision certain definitions provided for in Directive 2005/94/EC, 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 (10) and Regulation (EC) No 998/2003.

(11)

A control and a monitoring area should be established around the place where HPAI of H5 subtype was detected in wild birds. Those areas should be limited to what is necessary to prevent virus introduction into commercial and non-commercial poultry flocks.

(12)

In the interests of consistency of Community legislation, the biosecurity measures provided for 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 (11) should be taken into account in control and monitoring areas, independently of the defined risk status of the area where highly pathogenic avian influenza is suspected or confirmed in wild birds.

(13)

It is appropriate to restrict the movement of, in particular, live poultry and other captive birds, day-old chicks, hatching eggs and products of avian origin from the established control and monitoring areas. However, the dispatch under official control from these areas may only be authorised under certain conditions to avoid the possible spread of the disease.

(14)

Specific derogations should also be provided for hatching eggs or SPF-eggs used in specialised laboratories or institutes for scientific, diagnostic or pharmaceutical purposes, as they pose a negligible risk for the spread of infection.

(15)

The transport of hatching eggs from the control area should be permitted under certain conditions. The dispatch of hatching eggs to other Member States 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 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 (12) should include a reference to this Decision.

(16)

The dispatch from the control area of meat, minced meat, meat preparations and meat products derived from poultry and farmed feathered game produced in 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 (13) and subject to official veterinary controls including ante- and post mortem inspection should be permitted.

(17)

The same official animal health controls apply for meat derived from poultry and farmed feathered game originating from the control area and produced in accordance with the provisions of Regulation (EC) No 2076/2005, which provides for transitional measures allowing the use of a national identification mark for products of animal origin intended for human consumption and which may only be marketed in the territory of the Member State where they are produced.

(18)

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 (14) establishes a list of treatments rendering meat from restricted areas safe, and provides for the possibility to establish a specific health mark and the health mark required for meat not authorised for placing on the market for animal health reasons. It is appropriate to permit the dispatch from the control area of meat derived from poultry and farmed feathered game bearing the health mark provided for in that Directive and destined for treatment within the affected Member State to ensure inactivation of the avian influenza virus. Meat products having undergone such treatment may then be dispatched to other Member States and third countries.

(19)

It is necessary to limit the dispatch from the control area of animal by-products of avian origin to those complying with specific conditions for the production, use, treatment or disposal as provided for in 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 (15) that prevent the possible spread of avian influenza virus.

(20)

It is necessary to specify the minimum duration of the measures provided for in this Decision which should take account of the incubation period of the disease and the requirements of Directive 2005/94/EC. However it is also necessary to introduce conditions for granting specific derogations following the positive outcome of a risk assessment by the competent authorities.

(21)

In the interests of clarity of Community legislation, Decision 2006/115/EC should be repealed and replaced by the present Decision.

(22)

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

(a)

Decision 2006/416/EC; or

(b)

Decision 2006/415/EC and other protective measures in relation to an outbreak of HPAI in poultry or other captive birds caused by an avian influenza virus of the subtype H5 where the neuraminidase type N1 is suspected or confirmed HPAI H5N1.

(a)

‘hatching eggs’ means eggs for incubation laid by poultry as defined in Article 2(4) of Directive 2005/94/EC;

(b)

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

(c)

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

(a)

a control area with a radius of at least three kilometres (the control area); and

(b)

a monitoring area with a radius of initially at least 10 kilometres, including the control area (the monitoring area).

(a)

establish control and monitoring areas; and

(b)

undertake a risk assessment to consider whether the radius of the control and monitoring areas needs to be extended to overlap with the protection and surveillance zones.

(a)

amended to an area of sufficient size but in any event not less than of 1 km in radius; or

(b)

established as a band of 1 km in width from the banks of a river or the shores of a lake or coast for a length of at least 3 km.

(a)

the identification of all commercial poultry holdings and non-commercial holdings;

(b)

the implementation of the biosecurity measures laid down in Decision 2005/734/EC for poultry and other captive birds, including disinfection at the entrances and exits to premises where poultry or other captive birds are kept;

(c)

intensified official surveillance of wild bird populations, in particular water fowl, and further monitoring for dead or sick birds, if necessary with the co-operation of hunters and bird-watchers, and the reporting of dead bird findings to the competent authority and the removal, as far as possible, of carcasses of dead birds by personnel who have been specifically instructed on measures to protect themselves from infection with the virus and to prevent the spread of the virus to susceptible animals;

(d)

campaigns to inform the public and to increase disease awareness among owners of poultry or other captive birds, hunters, bird-watchers and those providing the services of water-related recreation;

(e)

periodic and documented visits to all commercial poultry holdings and targeted visits to non-commercial poultry holdings, prioritising those considered to be at greater risk, which must include:

(a)

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

(b)

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

(c)

the transport through the control area of poultry or other captive birds, except transit through the control area by road or rail without unloading or stopping;

(d)

the dispatch of hatching eggs collected from holdings which on the date of collection were situated in the control area;

(e)

the dispatch from the control area of fresh meat, minced meat, meat preparations and meat products from poultry originating from the control area and wild feathered game taken from the wild in that area;

(f)

the transport or spread of unprocessed manure from holdings of poultry or other captive birds within the control area, except the transport for treatment in accordance with Regulation (EC) No 1774/2002;

(g)

the dispatch to other Member States and third countries of animal by-products of avian origin derived from poultry or other captive birds or wild feathered game originating from the control area;

(h)

the hunting of wild birds or otherwise taking them from the wild, unless authorised by the competent authority for specific purposes;

(i)

the release of game birds from captivity into the wild.

(a)

the removal of poultry or other captive birds out of the monitoring area for the first 15 days following the date of establishment of that area;

(b)

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

(c)

the hunting of wild birds or otherwise taking them from the wild, unless authorised by the competent authority for specific purposes;

(d)

the release of game birds from captivity into the wild.

(a)

poultry to holdings under official control situated in the control and monitoring areas;

(b)

ready-to-lay pullets and turkeys for fattening to holdings under official control in the same Member State on which the poultry must remain for at least 21 days following the date of arrival of those poultry.

(a)

poultry for immediate slaughter to a slaughterhouse located in the control or monitoring area or, if that is not possible, to a slaughterhouse designated by the competent authority outside those areas;

(b)

poultry from the monitoring area to holdings under official control on its territory;

(c)

day-old chicks, hatched from eggs collected from holdings which were on the date of collection situated in the control area, to a holding or shed of that holding in the same Member State, preferably located outside that area, subject to the following conditions:

(d)

day-old chicks hatched from eggs collected from holdings which were on the date of collection situated in the monitoring area to holdings under official control on its territory;

(e)

day-old chicks hatched from eggs collected from holdings which were on the date of collection situated outside the control or monitoring area to any holding, provided that the hatchery of dispatch can ensure by its logistics and by its hygienic working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the monitoring area and which are therefore of a different health status.

(a)

to a hatchery designated by the competent authority within its territory;

(b)

to any hatchery provided that:

(c)

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 of the European Parliament and of the Council (16); or

(d)

for disposal.

(a)

fresh meat from poultry including meat of farmed feathered game, originating in or outside that area and:

(b)

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

(c)

fresh meat, minced meat and mechanically separated meat from poultry, including meat of farmed feathered game and meat preparations and meat products containing such meat, obtained from slaughter poultry or farmed feathered game originating in or outside the control area to its national territory, provided such meat:

(d)

fresh meat, minced meat, mechanically separated meat from poultry, farmed feathered game and wild feathered game taken from the wild in the area before the control area was established or outside the control area, and meat preparations and meat products containing such meat, produced in establishments in the control area.

(a)

the dispatch from the control area of animal by-products of avian origin which:

(b)

the dispatch from the control area to other Member States of untreated feathers or parts of feathers in accordance with point 1(a) of Section A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002, produced from poultry or farmed feathered game;

(c)

the dispatch from the control area of feathers and parts of feathers that have been treated with a steam current, or by some other method that ensures that no pathogens remain, produced from poultry or wild feathered game;

(a)

from where poultry has been moved in accordance with paragraph 1 Article 9(1)(a) and (b) or (2)(a); or

(b)

where poultry and farmed feathered game have been kept for the production of fresh meat produced in compliance with the provisions of Article 11.

(a)

favourable results of a risk assessment, taking into account the criteria in Article 3(2);

(b)

the completion of the measures provided for in Article 5(a);

(c)

at least one visit to each holding has been made as provided for in Article 5(e);

(d)

negative results have been obtained for all laboratory tests carried out as provided for in Article 5(e)(i).

(a)

the necessary information on the epidemiology of HPAI H5N1, and where appropriate the additional control and surveillance measures and the awareness campaigns provided for in Article 5; and

(b)

in advance notification, where the competent authority intends that the measures provided for in Article 7 and 8 are no longer applicable.