22.12.2006   

EN

Official Journal of the European Union

L 367/1

(1)

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

(2)

Pursuant to Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and to allocate these opportunities to Member States.

(3)

In order to ensure effective management of the fishing opportunities, the specific conditions under which fishing operations are carried out should be established.

(4)

The principles as well as certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5)

Article 3 of Regulation (EC) No 2371/2002 lays down definitions relevant to the allocation of fishing opportunities.

(6)

In accordance with Article 2 of Council Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.

(7)

Fishing opportunities should be used in accordance with Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (3), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (4), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (5), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (6), and Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (7), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (8) and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound (9).

(8)

In order to contribute to the conservation of fish stocks, certain supplementary measures on the control and technical conditions of fishing should be implemented in 2007,

(a)

the International Council for the Exploration of the Sea (ICES) zones are as defined in Regulation (EEC) No 3880/91;

(b)

‘Baltic Sea’ means ICES Divisions IIIb, IIIc and IIId;

(c)

‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;

(d)

‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country.

(a)

exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b)

reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

(c)

additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e)

deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

(a)

the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or alternatively

(b)

species other than herring and sprat are mixed with other species, the catches have been taken with trawls, Danish seines or similar gears whose mesh size is less than 32 mm, and the catches are not sorted either on board or on landing.

22.12.2006   

EN

Official Journal of the European Union

L 367/18

(1)

The Galileo Joint Undertaking was set up by Regulation (EC) No 876/2002 (3) to complete the development phase and prepare for the following phases of the Galileo programme. As the Galileo programme currently stands, the development phase will not be completed before the end of 2008.

(2)

The European GNSS Supervisory Authority (hereinafter referred to as ‘the Authority’) was set up by Regulation (EC) No 1321/2004 (4), to manage the public interests relating to the European GNSS programmes and to act as the regulatory authority for the programmes during the deployment and operational phases of the Galileo programme.

(3)

The Authority is in a position to take over all the activities currently being carried out by the Galileo Joint Undertaking in the course of 2006 and subsequently complete them. Extending the lifetime of the Joint Undertaking beyond 2006 would therefore be pointless and not cost-effective. It is therefore appropriate to wind up the Galileo Joint Undertaking and, prior to this, transfer its activities to the Authority before the completion of the development phase.

(4)

It is also appropriate to assign explicitly to the Authority the tasks entrusted to the Galileo Joint Undertaking prior to its winding up, together with the task of attending, where appropriate and acting in accordance with a decision by the Administrative Board of the Galileo Joint Undertaking, to the proceedings involved in winding up the Joint Undertaking after 31 December 2006. It is also necessary to entrust the Authority with the task of carrying out all research of benefit to the European GNSS programmes.

(5)

However, the taking over of the management of the development phase from the Galileo Joint Undertaking is not listed as one of the Authority's tasks as laid down in Article 2 of Regulation (EC) No 1321/2004, nor does that Article mention research activities or work that the Authority may be called upon to carry out or finance during the development, deployment and operation phases of the programme.

(6)

Consequently, in order to ensure the continuity of the Galileo programme and the smooth transfer of the activities of the Galileo Joint Undertaking to the Authority, Article 2 of Regulation (EC) No 1321/2004 should be amended accordingly.

(7)

Moreover, for the sake of consistency, provision should be made for the Authority to assume ownership, of the tangible and intangible assets held by the Galileo Joint Undertaking, at the time of its winding up rather than at the end of the development phase. Provision should also be made for the Authority to assume ownership of the tangible and intangible assets created or developed, during the development phase, after the winding up of the Joint Undertaking. Furthermore, provision should be made for the modalities for the transfer.

(8)

In addition, to avoid any risk of differences of interpretation as to the scope of Regulation (EC) No 1321/2004, it is also necessary to specify that tangible and intangible assets created or developed by the concession holder during the deployment and operation phases include those created or developed by its subcontractors or by undertakings under its control or by their subcontractors. It should also be specified that the ownership of assets covers trade mark rights and all other intellectual property rights within the meaning of Article 1(1) of Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements (5) and Article 2 of the Convention of 14 July 1967 establishing the Intellectual Property World Organisation.

(9)

Finally, due to the fundamental role played by the European Space Agency (ESA) in the conception and the development of the systems, which implies consideration and knowledge of all aspects related to security and safety of those systems, the ESA should be represented as an observer within the Administrative Board and the System Safety and Security Committee. In addition, similar provisions shall be made as regards the representation of the Secretary General/High Representative (SG/HR) in the Administrative Board.

(10)

Regulation (EC) No 1321/2004 should therefore be amended accordingly,

1.

In Article 2(1), the following points shall be added:

2.

Article 3(1) and (2) shall be replaced by the following:

‘1.   From the end of the duration of the Galileo Joint Undertaking, as referred to in Article 1 of the Regulation (EC) No 876/2002 and in Article 20 of its Annex, the Authority shall be the owner of all the tangible and intangible assets created or developed during the entire development phase, including those owned by the Galileo Joint Undertaking in accordance with Article 6 of the Annex of that Regulation and those created or developed by the European Space Agency and by entities given responsibility by the latter or by the Galileo Joint Undertaking for activities for the development of the programme.

2.   The Authority shall be the owner of all the tangible and intangible assets created or developed by the concession holder during the deployment and operation phases, including those created or developed by its subcontractors or by undertakings under its control or by their subcontractors.

3.   Ownership rights shall cover all intellectual property rights within the meaning of Article 1(1) of Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements (7) as well as all property rights within the meaning of Article 2 of the Convention of the 14th July 1967 establishing the Intellectual Property World Organisation, and in particular trade mark rights.

4.   The modalities for the transfers of the tangible and intangible assets owned by the Galileo Joint Undertaking in accordance with Article 6 of the Annex to Regulation (EC) No 876/2002, will be established during the winding-up proceeding as laid down in Article 21 of the Annex of that Regulation.

5.   The agreement concluded between the Authority and European Space Agency (ESA), in accordance with Article 3 of the Annex to Regulation (EC) No 876/2002, can foresee the modalities of exercise, by ESA on behalf of the Authority, of the right of ownership granted to the Authority by Paragraph 1.

6.   The concession contract can foresee the modalities of exercise by the concession holder, on behalf of the Authority, of the right of ownership granted to the Authority by Paragraph 1.

3.

Article 3(3) shall be renumbered as Article 3(7).

4.

In Article 5(2) the following subparagraph shall be added:

‘A representative of the SG/HR and a representative of the ESA shall attend the Board meetings as observers.’.

5.

Article 10(1) shall be replaced by the following:

‘1.   The Administrative Board shall establish a System Safety and Security Committee. It shall be composed of one representative per Member State and one for the Commission from among acknowledged security experts. A representative of the SG/HR and a representative of the ESA shall attend the Committee meetings as observers.’.

22.12.2006   

EN

Official Journal of the European Union

L 367/21

(1)

The Galileo Joint Undertaking was set up by Regulation (EC) No 876/2002 (3) of 21 May 2002, for the implementation of the development phase and for the preparation of the successive phases of the Galileo programme.

(2)

Regulation (EC) No 876/2002 provides that the Galileo Joint Undertaking is established for a period of four years, corresponding to the development phase; this period was initially intended to cover the years 2002 to 2005 inclusive.

(3)

However, as the Galileo programme currently stands, the development phase will not be completed before the end of 2008. And it seems as well pointless and costly to extend the Galileo Joint Undertaking beyond 2006, since the European GNSS (4) Supervisory Authority, set up by Regulation (EC) No 1321/2004 (5) of 12 July 2004, will be able to gradually take over during the course of 2006 and then complete all the activities currently being carried out by the Galileo Joint Undertaking.

(4)

In order to enable the European GNSS Supervisory Authority to take over the activities of the Galileo Joint Undertaking in an optimum manner, it would, however, be desirable for the two structures to co-exist for a few months and for the European GNSS Supervisory Authority to be closely associated with the activities of the Galileo Joint Undertaking during this period.

(5)

Therefore, it should be provided for the Galileo Joint Undertaking to cease operating on 31 December 2006.

(6)

In addition, in order to correct the Statutes of the Galileo Joint Undertaking adopted by Regulation (EC) No 876/2002, which contain several erroneous or ambiguous provisions, those Statutes should be amended.

(7)

The relevant amendment procedures have been followed in accordance with Regulation (EC) No 876/2002.

(8)

Regulation (EC) No 876/2002 should be amended accordingly,

1.

Article 1(4) is replaced by the following text:

‘4.   The funds of the Joint Undertaking shall be made up of contributions of its members. Assets in kind may be brought in. They shall be subject to an evaluation of their value and their utility to the carrying-out of the activities of the Joint Undertaking.

The founding members shall subscribe their shares of the financial contributions to the extent of the amounts indicated in their respective commitments of EUR 520 million for the European Community and EUR 50 million for the European Space Agency. They may, as necessary, make additional contributions to finance the development phase.

Once the Commission has informed the Council of the outcome of the tendering procedure, the Administrative Board shall immediately invite the undertakings mentioned in the second indent of paragraph 3(b) to subscribe. Undertakings need to subscribe EUR 5 million within a period of one year. That amount shall be reduced to EUR 250 000 for undertakings, subscribing individually or collectively, which may be regarded as small or medium-sized enterprises within the meaning of the Commission Recommendation of 3 April 1996 concerning the definition of small and medium-sized enterprises (6).

The Administrative Board shall decide on the amounts of these contributions which should be released in proportion to the share of the financial contributions subscribed by each member. Any member of the Joint Undertaking which fails to meet its commitments concerning the bringing-in of assets in kind or which does not release the amount due within the prescribed time-limits shall be, as a first step, disqualified from voting in the Administrative Board and, after six months, membership shall be repealed until such time as its obligations have been met.

The financial commitments of the Joint Undertaking shall not exceed the amount of the contributions at its disposal.

2.

In Article 8(1)(b), the second sentence is replaced by the following sentence:

‘Each member of the Joint Undertaking shall have a number of votes in proportion to the share of the contributions subscribed by them.’;

3.

Article 20 is replaced by the following text:

‘Article 20

The Joint Undertaking shall be established for a period starting on 28 May 2002 and ending on 31 December 2006.’.

22.12.2006   

EN

Official Journal of the European Union

L 367/23

(1)

Article 69(6) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (3) fixes the ceiling of total annual allocations of Community structural spending for any Member State and Article 70(3) and (4) of that Regulation set out the EAFRD contribution rates.

(2)

In the Financial Framework 2007-2013 agreed upon by the European Council in December 2005, the ceilings of annual appropriations of Community structural spending, which are to be applicable to each individual Member State, were fixed at a level different from that of the ceiling fixed in Article 69(6) of Regulation (EC) No 1698/2005.

(3)

In accordance with the Financial Framework 2007-2013, an amount of EUR 320 million, which may not be subject to the national co-financing requirement as provided for in Article 70(3) and (4) of Regulation (EC) No 1698/2005, was allocated to Portugal.

(4)

Regulation (EC) No 1698/2005 should be amended accordingly,

1.

In Article 69 paragraph 6 shall be replaced by the following:

‘6.   The Commission shall ensure that total annual allocations from the EAFRD originating from the EAGGF Guidance Section for any Member State pursuant to this Regulation, and from the ERDF, the ESF and the CF, in accordance with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (4), including the contribution of ERDF in accordance with Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (5) and Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (6), and from the European Fisheries Fund according to Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (7), do not exceed the following limits:

Calculations of the GDP by the Commission shall be based on the statistics published in April 2005. Individual national growth rates of GDP for 2007-2013, as projected by the Commission in April 2005, shall be applied for each Member State separately.

If in 2010 it is established that any Member State's cumulated GDP for the years 2007-2009 has diverged by more than ± 5 % from the cumulated GDP estimated pursuant to the second subparagraph, including as a consequence of exchange rate changes, the amounts allocated for that period to that Member State pursuant to the first subparagraph shall be adjusted accordingly. The total net effect, whether positive or negative, of these adjustments may not exceed EUR 3 000 million. In any event, if the net effect is positive, total additional resources shall be limited to the level of under-spending against the maximum resources available for commitments from the Structural Funds and the CF for the years 2007-2010. Final adjustments shall be spread in equal proportions over the years 2011-2013. In order to reflect the value of the Polish zloty in the reference period, the result of the application of the percentages referred to in the first subparagraph for Poland shall be multiplied by a coefficient of 1,04 for the period up to the review referred to in this subparagraph.

2.

The following paragraph shall be inserted in Article 70:

‘4a.   Paragraphs 3 and 4 may, in certain cases, not apply in Portugal for an amount of EUR 320 million.’

22.12.2006   

EN

Official Journal of the European Union

L 367/25

1.

The first subparagraph of Article 1(1) shall be replaced by the following:

‘Officials

shall be entitled to an allowance when they are regularly required to carry out standby duty in accordance with Article 56b of the Staff Regulations.’.

2.

Article 3 shall be replaced by the following:

‘Article 3

In April each year, the Commission shall submit to the Council a report on the number of officials and servants in each category who have received the allowance referred to in this Regulation, with special reference to the cases where the allowance has been granted under the provisions of the second subparagraph of Article 1(1)’.

22.12.2006   

EN

Official Journal of the European Union

L 367/26

(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,

22.12.2006   

EN

Official Journal of the European Union

L 367/28

(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,

22.12.2006   

EN

Official Journal of the European Union

L 367/30

(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 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,

22.12.2006   

EN

Official Journal of the European Union

L 367/32

(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 21 December 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,

22.12.2006   

EN

Official Journal of the European Union

L 367/33

(1)

No veterinary medicinal product may be placed on the market of a Member State unless a marketing authorisation has been issued by the competent authorities of that Member State in accordance with Directive 2001/82/EC or in accordance with Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (2).

(2)

Veterinary medicinal products for food-producing animals including equidae may be authorised only on conditions that guarantee that the foodstuffs produced will be harmless to consumers as regards any residues of such medicinal products, in accordance with Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (3).

(3)

For the reasons set out in the Communication from the Commission to the Council and the European Parliament on ‘Availability of veterinary medicinal products’ (4), the available range of authorised veterinary medicinal products, particularly for food-producing animals, is gradually decreasing.

(4)

Consequently, measures aimed at a sustainable broadening of therapies are required in order to meet the health-care and welfare needs of food-producing animals, such as animals of the equidae family, without compromising the high level of consumer protection.

(5)

By means of the derogation provided for in Directive 2001/82/EC, equidae intended for slaughter for human consumption may be administered substances essential for their treatment, hereinafter ‘essential substances’, subject to a withdrawal period of at least six months.

(6)

For the purpose of that derogation, the list of essential substances should therefore be established. A substance should only be included in that list in exceptional circumstances where no satisfactory alternative treatment for a therapeutic indication is authorised and where the condition would, if untreated, create unnecessary suffering for the animal.

(7)

Specific disease conditions or zootechnical purposes might require a choice of substances to be available in order to cater for different requirements related to the age and utilisation of equidae.

(8)

Since, pursuant to Directive 2001/82/EC, substances listed in Annexes I, II or III to Regulation (EEC) No 2377/90 which are not authorised in products intended for equidae may, in certain circumstances, be used for the treatment of equidae, those substances should not appear on the list of essential substances. Furthermore, no substances listed in Annex IV to Regulation (EEC) No 2377/90 should be included in the list. Consequently, the inclusion of a substance in Annexes I to IV to Regulation (EEC) No 2377/90 should preclude its use as an essential substance for the purposes of this Regulation.

(9)

It is necessary to ensure an appropriate surveillance of equidae which have been treated with essential substances. Therefore, the control mechanisms laid down in Commission Decision 93/623/EEC of 20 October 1993 establishing the identification document (passport) accompanying registered equidae (5) and Decision 2000/68/EC of 22 December 1999 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production (6) to safeguard consumer health should apply.

(10)

It is necessary to ensure that any amendment of the list of essential substances is subject to a harmonised scientific evaluation carried out by the European Medicines Agency established by Regulation (EC) No 726/2004. In addition, the Member States and veterinary professional associations which have requested an amendment of that list should duly substantiate their request and provide relevant scientific data.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

22.12.2006   

EN

Official Journal of the European Union

L 367/46

(1)

Article 22(3) of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (2) sets out the conditions for using indications concerning the production method as regards the use of oak wood containers in winemaking.

(2)

This provision limits the use of certain terms referred to in Annex X of Regulation (EC) No 753/2002 solely to wines that have been exclusively fermented, matured or aged in oak containers.

(3)

While it is true that oak wood is usually and traditionally used in cooperage, other types of wood such as ash or chestnut are also used in certain Member States. Steps should therefore be taken to extend the use of the terms referred to in Annex X of Regulation (EC) No 753/2002 to types of wood other than oak, provided that the relevant indications are correct and not misleading. To prevent any distortion of competition between producers, appropriate labelling rules should be laid down.

(4)

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

1.

In Article 22, paragraph 3 is replaced by the following:

‘3.   The indications listed in Annex X are the only terms which may be used to describe a wine that has been fermented, matured or aged in a wood container. The Member States may, however, establish other indications equivalent to those laid down in Annex X for such wines, paragraphs 1 and 2 applying mutatis mutandis.

Use of one of the indications listed in the first subparagraph shall be permitted where the wine has been aged in a wood container in accordance with the national rules in force, even when the ageing process continues in another type of container. The Member States shall communicate to the Commission the measures they take to implement this Regulation.

The indications listed in the first subparagraph may not be used to describe a wine that has been produced with the aid of oak chips, even in association with the use of a wood container or wood containers.’

2.

Annex X is replaced by the text in the Annex to this Regulation.

22.12.2006   

EN

Official Journal of the European Union

L 367/49

(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,

22.12.2006   

EN

Official Journal of the European Union

L 367/53

(1)

Article 13 of Regulation (EC) No 1784/2003 and Article 14 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 those Regulations and prices for those products within the Community may be covered by an export refund.

(2)

Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

(3)

Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

(9)

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

22.12.2006   

EN

Official Journal of the European Union

L 367/56

(1)

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

(2)

Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EC) No 1784/2003 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.

(3)

That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.

(4)

Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.

(5)

The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.

(6)

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

22.12.2006   

EN

Official Journal of the European Union

L 367/58

(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 0,00 for starch from maize, wheat, barley and oats;

(b)

EUR/tonne 0,00 for potato starch.

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EN

Official Journal of the European Union

L 367/59

(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,

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EN

Official Journal of the European Union

L 367/61

(1)

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

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under 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 (2).

(3)

The refund applicable in the case of malts must be calculated with amount taken of the quantity of cereals required to manufacture the products in question. The said quantities are laid down in Regulation (EC) No 1501/95.

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

(6)

It follows from applying these rules to the present situation on markets in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

(7)

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

22.12.2006   

EN

Official Journal of the European Union

L 367/63

(1)

Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under 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 (2) allows for the fixing of a corrective amount for the malt referred to in Article 1(1)(c) of Regulation (EC) No 1784/2003. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

(3)

It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

(4)

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