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COMMISSION DECISION of 6 March 2006 establishing the classes of reaction-to-fire performance for certain construction products as regards wood flooring and solid wood panelling and cladding (notified under document number C(2006) 655) (Text with EEA relevance) (2006/213/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 89/106/EEC of 21 December 1988, on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), and in particular Article 20(2) thereof, Whereas: (1) Directive 89/106/EEC envisages that in order to take account of different levels of protection for construction works at national, regional or local level, it may be necessary to establish in the interpretative documents classes corresponding to the performance of products in respect of each essential requirement. Those documents have been published as the ‘Communication of the Commission with regard to the interpretative documents of Directive 89/106/EEC’ (2). (2) With respect to the essential requirement of safety in the event of fire, interpretative document No 2 lists a number of interrelated measures which together define the fire safety strategy to be variously developed in the Member States. (3) Interpretative document No 2 identifies one of those measures as the limitation of the generation and spread of fire and smoke within a given area by limiting the potential of construction products to contribute to the full development of a fire. (4) The level of that limitation may be expressed only in terms of the different levels of reaction-to-fire performance of the products in their end-use application; (5) By way of harmonised solution, a system of classes was adopted in Commission Decision 2000/147/EC of 8 February 2000 implementing Council Directive 89/106/EEC as regards the classification of the reaction-to-fire performance of construction products (3). (6) In the case of wood flooring and solid wood panelling and cladding it is necessary to use the classification established in Decision 2000/147/EC. (7) The reaction-to-fire performance of many construction products and/or materials, within the classification provided for in Decision 2000/147/EC, is well established and sufficiently well known to fire regulators in Member States that they do not require testing for this particular performance characteristic. (8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction, HAS ADOPTED THIS DECISION: Article 1 The construction products and/or materials which satisfy all the requirements of the performance characteristic ‘reaction to fire’ without need for further testing are set out in the Annex. Article 2 The specific classes to be applied to different construction products and/or materials, within the reaction-to-fire classification adopted in Decision 2000/147/EC, are set out in the Annex to this Decision. Article 3 Products shall be considered in relation to their end-use application, where relevant. Article 4 This Decision is addressed to the Member States. Done at Brussels, 6 March 2006.

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Commission Regulation (EC) No 1330/2003 of 25 July 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof, Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 26 July 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 July 2003.

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Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and the third subparagraph of Article 37(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament(1), Having regard to the opinion of the European Economic and Social Committee(2), Having regard to the Opinion of the Committee of the Regions(3), Whereas: (1) Council Regulation (EC) No 603/95 of 21 February 1995 of the common organisation of the market in dried fodder(4) establishes a common organisation of that market with aid granted at two flat rates, one for dehydrated fodder and one for sun-dried fodder. (2) Regulation (EC) No 603/95 has been substantially amended several times. As a consequence of further amendments it should be repealed and replaced in the interests of clarity. (3) The main part of fodder production under the scheme established by Regulation (EC) No 603/95 relies on the use of fossil fuel for dehydrating and, in some Member States, on the use of irrigation. Due to concerns about its effects on the environment, the scheme should be amended. (4) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing support schemes for farmers(5). (5) Following these elements, the two aid rates set by Regulation (EC) No 603/95 should be reduced to a single rate applicable to both dehydrated and sun-dried fodder. (6) Since production in southern countries begins in April, the marketing year for dried fodder on which aid is granted should be from 1 April to 31 March. (7) To guarantee budget neutrality for dried fodder there should be a ceiling for the volume of Community production. To that end a maximum guaranteed quantity should be set covering both dehydrated and sun-dried fodder. (8) That quantity should be divided among the Member States on the basis of the historical quantities recognised for the purposes of Regulation (EC) No 603/95. (9) To secure respect for the guaranteed maximum quantity and discourage excess production throughout the Community, the aid should be reduced if that quantity is exceeded. That reduction should be applied in each Member State which has exceeded its guaranteed national quantity, in proportion to the excess recorded for it. (10) The aid amount finally due cannot be paid until it is known whether the guaranteed maximum quantity has been exceeded. An advance on the aid should therefore be paid once the dried fodder has left the processor. (11) Minimum quality requirements for entitlement to the aid should be set. (12) To encourage a steady flow of green fodder to processors, eligibility for the aid should in certain cases require conclusion of a contract between producers and processing undertakings. (13) To promote transparency of the production chain and facilitate essential checking, certain particulars in contracts should be made compulsory. (14) To receive the aid, processors should therefore be required to keep stock records providing necessary information for checking entitlement and to furnish any other supporting document needed. (15) Where there is no contract between the producers and the processing undertakings, the latter should have to provide other information allowing entitlement to be checked. (16) It should be ensured that, where a contract is a special-order one for processing of fodder delivered by the grower, the aid is passed back to him. (17) The proper working of a single market in dried fodder would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should apply to the products covered by this common market organisation. (18) In view of simplification, the committee assisting the Commission should be the Management Committee for Cereals. (19) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6). (20) The internal market and the custom duties could, in exceptional circumstances, prove inadequate, In such cases, so as not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. All such measures should be in conformity with the Community's international obligations. (21) In order to take account of possible evolution of the dried fodder production, the Commission should, on the basis of an evaluation of the common market organisation for dried fodder, present a report to the Council on the sector dealing in particular with the development of areas of leguminous and other green fodder, the production of dried fodder and the savings of fossil fuels achieved. The report should be accompanied, if needed, by appropriate proposals. (22) Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Community in accordance with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(7). (23) Due to the application of the single payment scheme from 1 January 2005, this scheme should apply from 1 April 2005, HAS ADOPTED THIS REGULATION: CHAPTER I INTRODUCTORY PROVISIONS Article 1 The common organisation of the market in dried fodder shall be established and cover the following products: TABLE Article 2 The marketing year for the products listed in Article 1 shall begin on 1 April and end on 31 March of the following year. Article 3 This Regulation shall apply without prejudice to the measures provided for by Council Regulation (EC) No 1782/2003. CHAPTER II AID Article 4 1. Aid shall be granted for the products listed in Article 1. 2. Without prejudice to Article 6, the aid shall be set at EUR 33/t. Article 5 1. A maximum guaranteed quantity (MGQ) per marketing year of 4855900 tonnes of dehydrated and/or sun-dried fodder for which the aid provided for in Article 4(2) may be granted is hereby established. 2. The maximum guaranteed quantity provided for in paragraph 1 shall be divided among the Member States as follows: Guaranteed national quantities (tonnes) TABLE Article 6 Where during a marketing year the volume of dried fodder for which aid as provided for in Article 4(2) is claimed exceeds the guaranteed maximum quantity set out in Article 5(1), the aid to be paid in that marketing year shall be reduced in each Member State in which production exceeds the guaranteed national quantity by a percentage proportionate to that excess. The reduction shall be set, in accordance with the procedure referred to in Article 18(2), at a level ensuring that budget expenditure expressed in euros does not exceed that what would been attained if the guaranteed maximum quantity had not been exceeded. Article 7 1. Processing undertakings who apply for aid under this Regulation shall be entitled to an advance payment of EUR 19,80 per tonne, or EUR 26,40 per tonne if they have lodged a security of EUR 6,60 per tonne. Member States shall make the necessary checks to verify entitlement to the aid. Once entitlement has been established the advance shall be paid. However, the advance may be paid before entitlement has been established provided the processor lodges a security equal to the amount of the advance plus 10 %. This security shall also serve as security for the purposes of the first subparagraph. It shall be reduced to the level specified in the first subparagraph as soon as entitlement to aid has been established and shall be released in full when the balance of the aid is paid. 2. Before an advance can be paid the dried fodder must have left the processing undertaking. 3. Where an advance has been paid, the balance amounting to the difference between the amount of the advance and the total aid due to the processing undertaking shall be paid subject to application of Article 6. 4. Where the advance exceeds the total to which the processing undertaking is entitled following the application of Article 6, the processor shall reimburse the excess to the competent authority of the Member State on request. Article 8 At the latest by 31 May of each year, Member States shall notify the Commission of the quantities of dried fodder that in the previous marketing year were eligible for aid as provided for in Article 4(2). Article 9 The aid provided for in Article 4(2) shall be paid on application from the party concerned, in respect of dried fodder that has left the processing plant and meets the following requirements: (a) its maximum moisture content is from 11 % to 14 % which may vary depending on the presentation of the product; (b) its minimum total crude protein content in the dry matter not less than: (i) 15 % for the products referred to in point (a) and the second indent of point (b) in Article 1; (ii) 45 % for the products referred to in the first indent of point (b) in Article 1; (c) it is of sound and fair merchantable quality. Further requirements, in particular on carotene and fibre content, may be adopted in accordance with the procedure referred to in Article 18(2). Article 10 Aid as provided for in Article 4(2) shall only be granted to undertakings processing the products listed in Article 1 which comply with the following conditions: (a) they keep stock records containing at least the following information: (i) the quantities of green fodder and, where applicable, sun-dried fodder processed; however, where the particular circumstances of the undertaking so require, quantities may be estimated on the basis of areas sown; (ii) the quantities of dried fodder produced and the quantities, with their quality, that leave the processor; (b) they provide any other supporting documents needed for verifying entitlement to the aid; (c) they fall into at least one of the following categories: (i) processors who have concluded contracts with producers of fodder for drying; (ii) undertakings which have processed its own crop or, in the case of a group, that of its members; (iii) undertakings which have obtained their supplies from natural or legal persons providing certain guarantees to be determined and having concluded contracts with producers of fodder for drying; such buyers shall be approved, on terms defined in accordance with the procedure referred to in Article 18(2), by the competent authority of the Member State in which the fodder is harvested. Article 11 Undertakings processing their own crops or those of their members shall each year submit to the competent body of their Member State, before a date to be set, a declaration of the areas from which the fodder crop is to be processed. Article 12 1. A contract as referred to in point (c) of Article 10 shall state not only the price to be paid to the grower of the green fodder or, if appropriate, sun-dried fodder but also at least the following: (a) the area from which the crop is to be delivered to the processor; (b) the delivery and payment terms. 2. Where a contract as referred to in point (c)(i) of Article 10 is a special-order contract for processing of fodder delivered by a producer, it shall specify at least the area from which the crop is to be delivered and include a clause containing an obligation for the processing undertakings to pay the producer the aid as provided for in Article 4 and received for the quantity processed under the contract. Article 13 1. Member States shall introduce inspection systems for verifying that each processing undertaking has complied with the following: (a) the conditions laid down in Articles 1 to 12; (b) the quantities covered by aid applications correspond to the quantities of dried fodder meeting the minimum quality that leave the processing undertakings. 2. Dried fodder shall be weighed on leaving the processing plant and samples taken. 3. Before adopting provisions for the application of paragraph 1, Member States shall notify such provisions to the Commission. CHAPTER III TRADE WITH THIRD COUNTRIES Article 14 Unless this Regulation provides otherwise, the Common Customs Tariff duty rates shall apply to the products listed in Article 1. Article 15 1. The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its application shall apply to the tariff classification of products listed in Article 1. The tariff nomenclature resulting from the application of this Regulation shall be incorporated in the Common Customs Tariff. 2. Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries: (a) the levying of any charge having equivalent effect to a customs duty; (b) the application of any quantitative restriction or measure having equivalent effect. Article 16 1. If by reason of imports or exports the Community market in one or more of the products listed in Article 1 is affected by or threatened with serious disturbance likely to jeopardise the achievement of the objectives set out Article 33 of the Treaty, appropriate measures may be applied to trade with non-WTO member countries until such disturbance or threat of it ceases. 2. If the situation referred to in paragraph 1 arises, the Commission shall at a request of a Member State or on its own initiative decide upon the necessary measures. The Member States shall be notified of such measures which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request. 3. Measures decided by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by qualified majority, amend or repeal the measure in question within one month from the date on which it was referred to the Council. 4. Provisions adopted under this Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty. CHAPTER IV GENERAL PROVISIONS Article 17 Unless this Regulation provides otherwise, Articles 87, 88 and 89 of the Treaty shall apply to production of and trade in the products listed in Article 1 of this Regulation. Article 18 1. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals(8), hereinafter referred to as "the Committee". 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. The Committee shall adopt its Rules of Procedure. Article 19 The Committee may consider any question raised by its chairman, either on his own initiative or at the request of a representative of a Member State. Article 20 Detailed rules for the application for this Regulation shall be adopted in accordance with the procedure referred to in Article 18(2), in particular on: (a) granting of the aid provided for in Article 4 and the advance provided for in Article 7; (b) verification and establishment of entitlement to the aid, including any necessary controls, all of which may make use of certain elements of the integrated system; (c) release of the securities indicated in Article 7(1); (d) criteria for determining the quality standards referred to in Article 9; (e) conditions to be fulfilled by the undertakings as set out in point (c)(ii) in Article 10 and Article 11; (f) control measure to be carried out referred to in Article 13(2); (g) criteria to be fulfilled for the conclusion of contracts as referred to in Article 10 and information which they must contain, in addition to the criteria laid down in Article 12; (h) application of the maximum guaranteed quantity (MGQ) as referred to in Article 5(1). Article 21 Transitional measures may be adopted in accordance with the procedure referred to in Article 18(2). Article 22 Member States shall notify the Commission of the measures they take in order to apply this Regulation. Article 23 Before 30 September 2008 the Commission shall, on the basis of an evaluation of the common market organisation for dried fodder, present a report to the Council on this sector dealing in particular with the development of areas of leguminous and other green fodder, the production of dried fodder and the savings of fossil fuels achieved. The report shall be accompanied, if needed, by appropriate proposals. Article 24 Regulation (EC) No 1258/1999 and the provisions adopted in implementation thereof shall apply to the expenditure incurred by the Member States in carrying out obligations under this Regulation. Article 25 Regulation (EC) No 603/95 is hereby repealed. References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex. Article 26 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. It shall apply from 1 April 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 September 2003.

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***** COMMISSION REGULATION (EEC) No 2590/85 of 13 September 1985 amending Regulation (EEC) No 1350/72 on rules for granting aid to hop producers THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organization of the market in hops (1); as last amended by the Act of Accession of Greece, and in particular Article 13 (4) thereof, Whereas, Commission Regulation (EEC) No 1350/72 (2), as amended by Regulation (EEC) No 208/77 (3), lays down the procedure to be followed in granting aid to hop producers and notifying the Commission of the measures taken by Member States to implement the aid system; Whereas aid may be granted in certain circumstances directly to recognized groups of producers and unions thereof; whereas it seems appropriate in such cases that the Commission be informed about the way the aid has been administered, particularly as regards its allocation to individual producers in proportion to area cultivated and the use of the aid for schemes designed to attain certain objectives of recognized producer groups; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Hops, HAS ADOPTED THIS REGULATION: Article 1 Article 4 of Regulation (EEC) No 1350/72 is hereby replaced by the following: 'Article 4 1. Each Member State shall inform the Commission of the names and addresses of the bodies designated in accordance with the second subparagraph of Article 13 (1) of Regulation (EEC) No 1696/71 and the measures which it has taken to apply the system of aid to hop producers. 2. Each Member State shall forward to the Commission each year, in respect of the recognized producer groups and unions thereof based in its territory, all relevant information concerning the terms on which such groups and unions thereof have administered the aid granted to them and, as appropriate, the precise nature of the measures implemented by them as referred to in Article 7 (1) (e) of Regulation (EEC) No 1696/71. This information shall be provided no later than 31 March of the year following that in which the aid was fixed.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 September 1985.

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COMMISSION REGULATION (EEC) No 1103/93 of 30 April 1993 imposing a provisional anti-dumping duty on imports into the Community of certain electronic weighing scales originating in Singapore and the Republic of Korea THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 11 thereof, After consultation within the Advisory Committee as provided for under the above Regulation, Whereas: A. PROCEDURE (1) In January 1992, on the basis of a complaint lodged by several Community producers allegedly representing a major proportion of the Community production, the Commission, by means of a notice published in the Official Journal of the European Communities (2), initiated an anti-dumping proceeding concerning imports into the Community of certain retail electronic weighing sales (hereafter referred to as REWS) originating in Singapore and falling within CN code 8423 81 50, and commenced an investigation. (2) In March 1992, a further complaint was introduced by the same Community manufacturers as mentioned in recital 1 to extend the proceeding concerning imports of REWS originating in Singapore to imports of the same type of product originating in the Republic of Korea. (3) In April 1992, the Commission published a notice of extension (3) by which the imports of REWS originating in the Republic of Korea were included in the proceeding concerning imports of this product originating in Singapore. (4) The Commission officially notified the exporters and the Community importers and producers known to be concerned and gave them the opportunity to make known their views in writing and to request a hearing. (5) Representatives of the exporters and most of the complainant Community producers made their views known in writing. Submissions were also made by a number of importers. Some of these parties requested and were granted hearings. (6) The Commission sought and verified all information it considered necessary for a preliminary determination of dumping and injury and carried out investigations at the premises of the following: (a) Community producers: - Bizerba Werke GmbH, Balingen, Germany, - Gec Avery, Smethwick, United Kingdom, - Maatschappij van Berkels Patent NV, Rijswijk, Netherland, - Testut, Béthune, France, - Lutrana, Viry-Châtillon, France, - Brevetti van Berkel Spa, Milan, Italy, - Santo Stefano Spa, Cassano Magnago, Italy, - Vandoni Spa, San Donato Milanese, Italy, - Grupo Campesa, Barcelona, Spain. These Community producers account for approximately 80 % of the total Community production of REWS. (b) Singaporian exporting producers: - Teraoka Weigh-System PTE, Singapore. (c) Korean exporting producers: - Cas Corporation, Seoul, - Descom Scales Manufacturing Co. Ltd, Seoul, formerly Dailim-Ishida Scales Mfg Co. Ltd, Seoul, - Han Instrumentation Technology Co. Ltd, Seoul. (d) Unrelated importers: - Biesta BV, Leusden, Netherlands, - Carrin & Co NV, Antwerp, Belgium, - Digi System NV, Antwerp, Belgium, - Herbert & Sons, Suffolk, United Kingdom. (7) The Commission requested and received written and oral submissions from the complainants, from the exporters named and from a number of unrelated importers and verified the information provided to the extent considered necessary. (8) The investigation into dumping practices covered the period 1 January to 31 December 1991 (investigation period). B. PRODUCT 1. Product description (9) The products under investigation are electronic weighing scales for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid (whether or not including a means of printing this data) falling within CN code 8423 81 50. REWS are produced with different types or levels of performance and technology. In this respect, the industry defines three segments of REWS, i.e. the - low-range segment which comprises stand-alone REWS, without built-in printer and without preset key system, - mid-range segment with built-in printer and an additional preset key system, - top-range segment with the additional possibility of being part of a system and of being computer-related. Although the potential use and quality of REWS can vary, there is no significant difference in the basic physical characteristics, or marketing methods within the various types of REWS. In addition, between these three segments there are no clear dividing lines, models in neighbouring segments often being interchangeable. They have, therefore, to be considered as one product for the purposes of this proceeding. 2. Like product (10) The investigation has shown that the various REWS sold on the Korean and Singaporean market are, despite differences in size, life-span, voltage or design, identical to or closely resemble the REWS exported from Korea and Singapore to the Community and accordingly have to be considered as like products. Likewise, apart from minor technical differences, the range of Community-produced REWS in all three segments are alike in all respects to the REWS exported from Korea and Singapore to the Community. C. DUMPING 1. Singapore 1.1. Normal value (11) Normal value was established on the basis of the weighted average domestic prices for models sold in the ordinary course of trade. The prices were net of all discounts and rebates directly related to the sales of REWS. (12) A small quantity of sample sales made at prices which represented 50 % of their cost of production were considered as not having been made in the normal course of trade and were therefore excluded from the transaction on which normal value was calculated. The remaining domestic sales were considered sufficiently representative as a basis for normal value since they exceeded 5 % of the export sales to the Community. 1.2. Export price (13) Export sales were made directly to independent importers in the Community. Export prices were therefore determined on the basis of the prices actually paid or payable for the product sold for export to the Community. 1.3. Comparison (14) In comparing the normal value with export prices, transaction by transaction, the Commission, in accordance with Article 2 (9) and (10) of Regulation (EEC) No 2423/88, took account, where warranted, of the differences affecting price comparability such as physical characteristics, salesmen's salaries and direct selling expenses - i.e., credit terms, transport, insurance and handling costs, packing, technical assistance and ancillary costs - where the direct relationship of these expenses to the sales under consideration could be satisfactorily demonstrated. All comparisons were made at the ex works stage and at the same level of trade. 1.4. Dumping margin (15) The weighted average dumping margin for Teraoka Weigh-System PTE Ltd, as a percentage of the free-at-Community-frontier value of imports, duty unpaid, is 8,5 %. (16) In the case of firms which failed to cooperate in the investigation, the Commission considered that the dumping margin should be established on the basis of the facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88. It was considered that the most reasonable facts were those established during the investigation and that it would constitute a bonus for non-cooperation and could lead to circumvention of the anti-dumping measures should such firms be considered to have sold to the Community at a price higher than the lowest established for the cooperating company, which accounted for approximately 80 % of exports to the Community. Consequently, the dumping margin for non-cooperating companies was calculated to amount to 31 %. 2. Republic of Korea 2.1. Export prices Sales to independent importers (17) Where sales were made directly to independent importers in the Community, export prices were determined on the basis of the prices actually paid or payable for the product sold for export to the Community. The Korean producers identified these sales as being made at the level of importer/distributor or dealer, and the Commission is satisfied, on the basis of the evidence presented, that this was the case. In accepting this claim, the Commission took account of the functions of both seller and buyer based on the costs incurred and the quantities sold, on a consistency in the prices charged at the particular level and, finally, on the evidence available on the distribution chain. Sales to related importers (18) Where exports were made to related importers in the Community, export prices were constructed, in accordance with Article 2 (8) (b) of Regulation (EEC) No 2423/88, on the basis of resale prices to the first independent purchaser adjusted to take account of all costs incurred between importation and resale together with a 5 % profit margin which was considered reasonable in view of the information available to the Commission from the unrelated importer which cooperated. The Commission accepted a Korean producer's claim that the export prices, reconstructed to a cif Community frontier basis, were made at the level of importer/distributor. The claim was accepted on the same grounds as outlined above for sales to independent importers. 2.2. Normal value (a) Normal value based on prices in the exporting country (19) For the three exporters cooperating in this proceeding, normal value for the models exported to the Community had been established on the basis of the weighted average domestic selling price as these models were sold in sufficient quantities (exceeding 5 % of the export sales to the Community) and at prices permitting the recovery of all costs reasonably allocated in the ordinary course of trade on the domestic market in Korea. The prices were net of all discounts and rebates directly related to the domestic sales of REWS. (b) Selective normal value (20) Two of the three Korean exporters claimed that a distinction should be made between categories of their independent buyers on the domestic market, and that normal value should be established selectively on the basis of the weighted average prices of their sales to a specific category of independent customer, i.e. alleged dealers, which they claimed to be at the most appropriate level of trade for comparison with their export sales. They contended in particular that this special category of customer had different functions from the other unrelated customers, which were reflected in the scale and type of costs incurred, the quantities sold and in the pattern of prices charged. (21) In this respect, it is the Community institutions' consistent position that a specific level of trade can only be adequately identified if a demonstration is made of all relevant factors including the functions of both seller and buyer and the consistency of quantities, costs and prices at the distribution level in question in relation to other levels. Another important question in identifying a specific category of customer is how it stands in relation to the distribution system of the market concerned and whether this comparison can indicate that only this category should be compared to export customers which hold a similar position in the distribution system of the export market. (22) After an examination of the sales structure of the exporting producers in the domestic market and in the Community, the Commission took the view that this claim should be rejected. Indeed, the producers failed to establish adequately a consistency of quantities, costs and prices at one distribution level in relation to other levels. In fact the evidence provided on some of these factors for the specific category of customer in question showed that they were similar to a significant degree to other categories alleged to be different. (23) In these circumstances, the Commission concluded for the producers in question, that the evidence presented was insufficient to demonstrate that sales were made to specific and clearly distinguishable categories of customer or that only one of these allegedly different categories was more appropriate than all domestic sales for comparison with the export prices. Thus, normal value for these producers was determined on the basis of all sales to independent customers. 2.3. Comparison (24) Since prices varied, normal value was compared with export prices on a transaction-by-transaction basis. The Commission, in accordance with Article 2 (9) and (10) of Regulation (EEC) No 2423/88, took account, where warranted, of the differences affecting price comparability, such as physical characteristics, sales personnel salaries and direct selling expenses, i.e., credit terms, transport, insurance and handling costs, packing, technical assistance and ancillary costs, where a direct relationship of these differences to the sales under consideration could be satisfactorily demonstrated. All comparisons were made at the ex works stage and at the same level of trade. (25) Two Korean producers concerned claimed that the normal value should be reduced in respect of certain alleged rebates granted to their customers on the domestic market to which running account facilities for these customers' purchases of all products in the producers' range were made available. However, the Commission found that the rebates in question, in addition to not being specifically related to weighing scales, were not granted on the basis of the value of the sales made but according to the reduction in the level of the overall outstanding balance. Accordingly, it was concluded that there was no direct link between the rebate and the sales under consideration. (26) For two Korean producers, the amount of the allowance claimed for sales personnel salaries was adjusted to take account of the fact that some of the personnel for which the allowance hade been claimed were not wholly engaged in direct selling activities. Likewise, the amount for transport was reduced since the costs to which the allowance referred included general travel and communication expenses. Such costs could not be directly linked to the sale of the product and accordingly are not allowable pursuant to Article 2 (10) of Regulation (EEC) No 2423/88. 2.4. Dumping margins (27) The weighted average dumping margins for each Korean exporter concerned, as a percentage of the free-at-Community-frontier value of imports, were as follows: - Cas Corporation 9,3 %, - Descom Scales Manufacturing Co. Ltd 29,0 %, - Han Instrumentation Technology Co. Ltd 7,2 %. (28) In the case of firms which failed to cooperate in the investigation, the dumping margin should be established on the basis of the facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88. The Commission considered that the most reasonable facts were those established during the investigation and that it would constitute a bonus for non-cooperation and could lead to circumvention of anti-dumping measures should such firms be attributed a dumping margin lower than the highest established for the cooperating companies which accounted for approximately 85 % of exports to the Community. Consequently, the dumping margin for non-cooperating companies should amount to 29,0 %. D. INJURY 1. Cumulation (29) When considering whether the effects of Korean and Singaporean imports had to be analysed cumulatively, the Commission took account of the fact that the exported products of each of the countries concerned were alike in all respects or closely resembled each other, were interchangeable, and were marketed in the Community within a comparable period. They also competed with each other and with REWS produced in the Community. In addition, the market share both of Korean and of Singaporean exporters is significant. Consequently, the effect of the dumped imports concerned on the Community industry was assessed jointly. 2. Injury factors 2.1. Exporters' behaviour on the Community market (a) Evolution of Community consumption (30) The Community market for REWS decreased slightly from approximately 140 000 units sold in 1989 to 135 000 units in 1990 and remained at the same level in 1991 (135 000 units sold). (b) Volume and market share of the dumped imports from Singapore and Korea (31) The volume of dumped REWS imported from Singapore and Korea increased from 3 208 units in 1988 to 14 031 units in 1991. The market share held by these two countries rose from 2,3 % in 1988 to 10,3 % in 1991. (c) Price of the dumped imports (32) The Commission investigated whether price undercutting was practised by the Korean and Singaporean exporters during the investigation period. This was examined in relation to the sales of the exporters in the major Community markets (United Kingdom, Germany, Belgium, Netherlands, Portugal, France and Greece) where these producers sold nearly all exported REWS. (33) A comparison between the prices of representative models marketed by the Community industry and those of the comparable models of the exporters concerned was made on the basis of sales taken at the same level of trade (prices to unrelated distributors or dealers) on the major Community markets during the investigation period. No adjustment for technical differences had to be made because the models selected were identical in the perception of the buyer. The comparison outlined above showed price undercutting which, for all companies, exceeded 20 % and 30 % in the case of the Korean exporter found to have the highest dumping margin. 2.2. Situation of the Community industry (a) Production and utilization of capacity (34) Community production of REWS fell from 140 000 units in 1988 to 107 000 units in 1991, i.e., by some 23 %. At the same time, production capacity decreased from 181 000 in 1988 to 140 000 in 1991. The utilization rates have fallen from 77 % in 1988 to 73 % in 1990. A small increase from 1990 to 1991 resulted mainly from the closure of a Community manufacturer with a significant production capacity. (b) Sales volume and market shares of the Community industry (35) The quantity of REWS sold in the Community by the Community industry fell from 113 000 units in 1988 to 105 000 units in 1989 and to 84 600 units in 1991. The Community industry's market share declined as follows: 84 % in 1988, 75 % in 1989, 72 % in 1990 and 62 % in 1991. (c) Price development (36) The prices of the Community industry decreased between 1988 and 1991 by nearly 6 % on a weighted average basis and this despite increasing costs. (d) Profits (37) The Commission found that, overall, the Community industry had recorded losses since 1988 for sales in the Community. The apparent improvement from 1990 to 1991, i.e. the reduced loss on turnover on a weighted average basis from 5,5 to 1 %, merely derived from the closure in 1990 of a Community producer which had recorded considerable losses from 1988 until its closure. (e) Employment and investment (38) Between 1988 and 1991 the Community industry shed 378 jobs, i.e. 25 % of its labour force. Investments were cut back and two factories closed. (f) Stocks (39) Stocks remained at a continuously high level between 1988 and 1991. The small decrease apparent in 1990 derived from the closure of a Community producer in that year. 2.3. Conclusions (40) In conclusion, the Commission considers that the Community industry suffered material injury which consisted mainly in persistent financial losses, decline in market share, employment cut backs and a decrease in investment. Community producers were forced to reduce their production or to shut down plants. 3. Causation of injury 3.1. Effects of dumped imports (41) In its examination of the cause of the material injury suffered by the Community industry the Commission found that the increase of dumped Korean and Singaporean imports coincided with a significant loss of market share, price erosion and reduced profitability on the part of the Community industry. (42) The decline in market shares between 1988 and 1991 from 84 to 62 %, occurred while the Community industry was under attack from two sides. On the one hand, it suffered from the impact of dumped Japanese imports (see Council Regulation (EEC) No 993/93 (4)), especially in the medium and high segments of REWS, and on the other hand, it had to face the rapid penetration of the dumped Korean and Singaporean imports particularly in the low-range models whose market share increased over the same period, from 2 to nearly 11 %. (43) This situation was aggravated by the fact that the dumped imports were sold in an open and transparent market where prices were well known. Price elasticity combined with considerable price undercutting due to dumping had, therefore, a clear effect on the sales volumes and the profit and loss results of the Community industry. (44) The investigation showed, as far as the exporters were concerned, an overall price decrease from 1988 to 1991 by 4 % on a weighted average basis. The Community producers had to adjust their prices to meet this downward trend. Furthermore, price undercutting was widespread and practised constantly on the Community market by the Korean and Singaporean exporters. (45) In this respect, it has been found that, at the bottom end of the market, Singaporean and Korean producers compete to a very large extent on price alone, with products of comparatively standard technology and no significant differences in features and quality. The appearance and the rapid penetration of Singaporean and Korean exports to the Community could thus not fail to affect negatively the sales volume, sales prices, market shares and profitability of the Community industry. 3.2. Other factors (46) The Commission also considered whether other factors than the dumped imports could have prevented the Community industry from making a reasonable return on sales in the Community. (47) In this respect, one exporter alleged that the effects of the increase in volume and the low price of REWS imports from other countries, principally Japan, Taiwan and Turkey, have been at least co-responsible for the injury suffered by the Community industry. (48) The Council has already found (see recital 42) that many of the economic difficulties encountered by the Community REWS industry have been caused by dumped Japanese imports. However, this does not detract from the conclusion that the dumped Singaporean and Korean imports also had substantial influence on the injurious situation of the Community industry. (49) As far as imports from Taiwan are concerned, the Commission found that these imported scales are mostly counting scales which are not alike to the product concerned. (50) Finally, it appeared that there were no imports from Turkey during the investigation period. (51) The Commission did not find any other factors which could explain the precarious economic situation of the Community industry. Indeed, there were neither substantial imports, other than those mentioned above, nor was there any contraction in demand between 1990 and 1991. 3.3. Conclusion (52) In these circumstances, and even taking into account that the Japanese imports have also contributed to the poor situation of the Community industry, the Commission has come to the conclusion, for the purpose of a provisional determination, that the effects of dumped imports of REWS originating in Korea and Singapore, taken in isolation, have to be considered as causing material injury to the Community industry. E. COMMUNITY INTEREST General considerations (53) The purpose of anti-dumping duties is, in general, to remove the injury and to eliminate the distortions caused by unfair trade in order to re-establish a situation of open and fair competition. Such a re-establishment is in the general interest of the Community. (54) For the Community industry concerned, the Council, in recitals 94 to 98 of Regulation (EEC) No 993/93 concerning Japan, has already established that Community interests call for intervention. The Commission did not find any element which would justify that a different approach be taken for this proceeding. F. LEVEL OF THE DUTIES (55) According to Article 13 (3) of Regulation (EEC) No 2423/88, the amount of the duty necessary to prevent injury during the further proceeding should not exceed the dumping margin or the level necessary to remove injury, whichever is lower. Since, in the present case, the level of injury (see recitals 32 and 33 regarding price undercutting) exceeds the dumping margin, the latter should form the basis of the anti-dumping duty to be provisionally imposed. (56) Accordingly, the following duties should be imposed: - Cas Corporation, Seoul 9,3 %, - Han Instrumention Technology Co. Ltd, Seoul 7,2 %, - Descom Scales Manufacturing Co. Ltd, Seoul 29,0 %, - Teraoka Weigh-System PTE Ltd, Singapore 8,5 %. (57) In the case of firms which failed to cooperate in the investigation, the Commission considered that the duty should be established on the basis of the facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88. It was considered that the most reasonable facts were those established during the investigation and that it would constitute a bonus for non-cooperation and could lead to circumvention of the anti-dumping measures should such firms be attributed a duty lower than the highest dumping margins established for the cooperating companies, namely 31 % for products originating from Singapore and 29 % for products originating from Korea. G. FINAL PROVISION (58) In the interest of sound administration, a period should be fixed within which the parties concerned may make their views known in writing and request a hearing. Furthermore, it should be stated that all findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive duty which the Commission may propose, HAS ADOPTED THIS REGULATION: Article 1 1. A provisional anti-dumping duty is hereby imposed on imports of electronic weighing scales for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid, whether or not including a means of printing this data falling within CN code 8423 81 50 (Taric code: 8423 81 50*10) and originating in the Republic of Korea and Singapore. 2. The rate of duty applicable to the net free-at-Community-frontier price, before duty, shall be as follows: (a) Korea Products manufactured by: Han Instrumentation Technology Co. Ltd, Seoul 7,2 %, (Taric additional code 8700) Cas Corporation, Seoul 9,3 %, (Taric additional code 8701) All others (Taric additional code 8702) 29,0 %; (b) Singapore Products manufactured by: Teraoka Weigh Systems PTE, Ltd 8,5 %, (Taric additional code 8703) All others (Taric additional code 8704) 31,0 %. 3. The provisions in force concerning customs duties shall apply. 4. The release for free circulation in the Community of the products referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty. Article 2 Without prejudice to Article 7 (4) (b) of Regulation (EEC) No 2423/88, the parties concerned may make known their views in writing and apply to be heard orally by the Commission within one month from the date of entry into force of this Regulation. Article 3 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Commission. Subject to Articles 11, 12 and 13 of Regulation (EEC) No 2423/88, Article 1 of this Regulation shall apply for a period of four months, unless the Council adopts definitive measures before the expiry of that period. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 April 1993.

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COMMISSION REGULATION (EC) No 1038/2004 of 27 May 2004 fixing the maximum export refund for white sugar to certain third countries for the 28th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof, Whereas: (1) Commission Regulation (EC) No 1290/2003 of 18 July 2003 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2003/2004 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. (2) Pursuant to Article 9(1) of Regulation (EC) No 1290/2003 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. (3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION: Article 1 For the 28th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1290/2003 the maximum amount of the export refund shall be 49,950 EUR/100 kg. Article 2 This Regulation shall enter into force on 28 May 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 May 2004.

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COMMISSION DECISION of 9 December 1998 on the measure planned by Austria for the clean-up of the Kiener Deponie Bachmanning landfill (notified under document number C(1998) 4195) (Only the German text is authentic) (Text with EEA relevance) (1999/272/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to the abovementioned provisions, 1. PROCEDURE By letter dated 23 September 1997, Austria informed the Commission that the province of Upper Austria intended to part-finance the clean-up of the contaminated Kiener Deponie Bachmanning landfill site, which had been abandoned. By letter dated 20 October 1997, the Commission requested further information. Austria's reply was received on 18 November 1997. Following a meeting in Brussels on 12 December 1997, the Commission wrote on 18 December 1997 requesting further information on matters that had still not been clarified. The information was provided by Austria by letter dated 21 January 1998; the letter also contained formal notification of the planned part-financing of the project by the Federal Government By letter dated 22 April 1998, the Commission informed Austria that Article 93(2) proceedings were being initiated on the notified measure. The Commission's decision was published in the Official Journal of the European Communities(1). The Commission called on interested parties to submit their comments. The Commission received no such comments. 2. DETAILED DESCRIPTION OF THE MEASURE The abandoned and contaminated Kiener Deponie Bachmanning landfill is situated in Upper Austria. The land is registered under No 345/2 in the land register of 51101 Aichkirchen. The landfill was operated by Kieba BaugmbH (in liquidation), Unterseling 19, A-4672 Bachmanning ("Kieba") in the period from 1975 to 1983. Kieba is an SME within the meaning of the Commission recommendation of 3 April 1996 concerning the definition of small and medium-sized enterprises(2) and is currently in the process of being wound up. Kieba's main shareholder was the late Herbert Kiener. The current owner of the land is Atlas ImmobilienverwaltungsgmbH, Unterseling 19, A-4672 Bachmanning ("Atlas"). Atlas was set up specifically in connection with the contamination and was aware of it. Atlas is an SME within the meaning of the Commission recommendation concerning the definition of small and medium-sized enterprises. The main shareholder was once again Mr Kiener. The necessary permits for carrying out the clean-up operation at the landfill site are held by ASA Oberösterreich Holding GmbH ("ASA"), which specialises in the decontamination of land. ASA belongs to the French group Electricité de France (EDF) and is a large firm within the meaning of the Commission recommendation concerning the definition of small and medium-sized enterprises. The total costs of the clean-up are estimated at ATS 313,2 million (ECU 22,7 million). ASA applied to the Federal Government on 22 May 1995 and to the province of Upper Austria on 23 January 1996 for public funding of the clean-up operation. The measure is to be financed entirely by the State. (a) The Federal Government undertook to provide ATS 206,7 million (ECU 15,0 million) pursuant to a decision taken on 12 June 1996 under the assistance guidelines 1991 for the cleaning-up or making safe of contaminated sites ("assistance guidelines 1991") and concluded an assistance agreement with ASA for this purpose on 20 December 1996. (b) The province of Upper Austria undertook to provide ATS 106,5 million (ECU 7,7 million) pursuant to a decision taken by the Government of the province of Upper Austria on 7 November 1996 and concluded assistance agreements with ASA for this purpose on 23 and 28 April 1997. Payments will be made in the period from 1998 to 2000 on presentation of the invoices. 3. INITIAL COMMISSION POSITION In the decision on the initiation of Article 93(2) proceedings, the Commission took the following position: (a) Austria should have notified the planned State funding as ad hoc, since it is doubtful whether the Federal Government applied the assistance guidelines 1991 in accordance with all the provisions contained therein and since the guidelines do not allow the province of Upper Austria to grant funding. (b) The State funding can no longer confer any benefit on Kieba, since the firm is in the process of being wound up. (c) The State funding may indirectly confer an unjustified benefit on Atlas in the form of an increase in the value of the land and the saving of decontamination costs. (d) The fee for ASA may confer an unjustified benefit on the firm, since Austria has not sufficiently demonstrated that the fee matches the market price. (e) It is not clear whether any aid for Atlas and/or ASA can be exempted on the basis of the derogations provided for in Article 92 of the EC Treaty. 4. AUSTRIA'S POSITION By letter, dated 14 July 1998, Austria stated its position on the Commission's decision to initiate proceedings. Austria again emphasised that the pollution had already resulted in dangerous contamination of the groundwater and that a thorough decontamination operation was urgently required. As supporting evidence of the urgency of the clean-up, Austria submitted in particular a report drawn up on 14 May 1998 by an expert in water resources, a report drawn up on 22 April 1998 by an official expert in hydrochemistry and a report drawn up on 13 May 1998 by a medical expert. Austria also pointed out that State funding for cleaning up contaminated sites was intended solely to ensure environmental protection and not to provide assistance for firms. The State funding provided by the Federal Government and the province of Upper Austria did not therefore constitute State aid within the meaning of Article 92 of the EC Treaty. Even if this were the case, the aid was covered by the assistance guidelines adopted in 1991. It did not matter whether the documents referred to in Article 4 (3) of the assistance guidelines 1991 had been submitted at the time when the assistance was approved. The stipulation in the assistance agreement with the ASA that certain individual provisions of the assistance guidelines 1991 did not apply had been included for reasons of legal certainty and was in accordance with the assistance guidelines 1991. Austria also stated that, under the assistance guidelines 1991, up to 100 % of eligible clean-up costs could be financed and that the sharing of the assistance between the Federal Government and other public bodies, in particular the province of Upper Austria, was immaterial. Furthermore, Kieba and Atlas were financially not in a position to assume even part of the clean-up measures. It was also pointed out that the administrative procedure took an average of ten years from the time when the authorities first took action until the time when the clean-up measures were completed. Austria had accordingly concluded an agreement with ASA on the financing of the clean-up measures. As regards the legal instruments which Austria wished to use in order to recover the clean-up costs from Kieba, Atlas and their shareholders, Austria had submitted a legal opinion drawn up by two law firms on 24 June 1998, which had concluded that the proposed legal measures offered good prospects of success. Austria also presented an extract from the register of companies and demonstrated that Kieba was in liquidation. As is evident from the copy of a letter from Kieba's bankruptcy administrator, dated 11 May 1998, the end of the bankruptcy proceedings is not yet in sight. An extract form the register of companies was also presented for Atlas. An assessment of Atlas's financial situation by a credit protection association was also submitted. This showed that, apart from the contaminated landfill site, Atlas had no other significant assets. According to the explanations presented by Austria, Atlas had largely ceased its business activity. Doubts were also expressed as to whether Atlas could be held liable for cleaning up the site. This assessment was confirmed in a legal opinion drawn up by two law firms on 24 June 1998. According to the explanations presented by Austria, the relevant land is designated as grassland in the Upper Austria Regional Planning Act(3) and the land-use plan (Zl. 610-1/1996) of the municipality of Aichkirchen. In Austria's view, it is to be assumed that, once the clean-up operation has been successfully completed, the land will be put to agricultural and forestry use. An opinion drawn up by a court-approved expert was submitted on this point, in which the market value following the clean-up was determined under a comparative value procedure on the basis of the Land Valuation Act(4). Austria also made it clear that ASA receives remuneration for its services. In the report by two court-approved experts on tendering and award procedures, which it had attached, the remuneration was deemed to be appropriate. 5. ASSESSMENT OF THE STATE MEASURE The Commission based its assessment of the aid case on the information provided by Austria by letter dated 14 July 1998. 5.1. Notification obligations Austria approved the State funding of the clean-up measures on 12 July 1996 and concluded an assistance agreement with ASA on 20 December 1996. The funding was made available in accordance with the assistance guidelines 1991. The assistance guidelines 1991 were notified to the EFTA Surveillance Authority on 2 March 1993 as an existing scheme and registered by it under number ESA 30-151. Under the scheme, the Federal Government can finance up to 100 % of clean-up measures relating to contaminated sites. The scheme expired when the Commission approved, by letter dated 10 February 1997, the new assistance guidelines for 1997. Accordingly, the assistance guidelines 1991 applied in the case at issue. However, the Commission notes that, at the time when the Federal Government approved the financing and signed the assistance agreement, the optimised clean-up procedure had not yet been completed. Agreements on such a procedure were signed on 17 and 18 June 1997 and on 14 July 1997. Under Article 4(3) of the assistance guidelines 1991, however, this information should have been available when the assistance agreement was signed. Consequently, Austria did not fulfil all the requirements provided for in the existing aid scheme. Furthermore, the assistance agreement between ASA and the Federal Government excluded a number of provisions contained in the assistance guidelines 1991. Austria explained that this had been necessary, because the assistance agreement between ASA and the Federal Government could not impose any obligations on Kieba and Atlas, since the two firms had not been involved in the assistance agreement. In the Commission's view, however, the exclusion of such provisions confers an advantage on the polluter Kieba and the landowner Atlas. The assistance guidelines 1991 clearly impose certain obligations on landowners and polluters. In effect, the Federal Government can grant State funding under the scheme only if the polluter and landowner are prepared or are compelled to fulfil the obligations provided for in the scheme. However, since a number of provisions were excluded, the Federal Government did not comply with all the conditions laid down in the assistance guidelines 1991. Furthermore, under the assistance guidelines 1991, the province of Upper Austria is not allowed to provide funding. Consequently, the financing measure of the province of Upper Austria is not covered by this existing scheme. Since the Federal Government did not comply with all the requirements laid down in the assistance guidelines 1991 and since the funding provided by the province of Upper Austria is not covered by an existing or approved scheme, Austria was obliged to notify the planned State funding by the Federal Government and the province of Upper Austria as ad hoc aid pursuant to Article 93(3) of the EC Treaty. Austria did not comply with this obligation. 5.2. Kieba Austrian administrative law, and in particular the Water Law Act(5) the Federal Waste Management Act(6) and the Industrial Code(7), contains a number of different provisions on liability. At all events, however, under the environmental provisions applicable to contaminated landfills, the polluter (tortfeasor), namely the legal person whose activity has led to the relevant hazard, bears the primary responsibility. The polluter (tortfeasor) is deemed to be either the operator of the landfill or the person who abandoned it. The Wels-Land district administrative authority (Bezirkshauptmannschaft) granted Keiba, on 29 May 1978 and on 22 May 1979 (Zl. Wa 1-16-1976) under the Water Law Act, a licence to operate a household and special waste landfill site. It was also Kieba which abandoned the landfill. According to information provided by Austria, there is abundant evidence that the firm did not comply with the licences issued to it either in terms of type of waste or in terms of the period covered. Although the licence pursuant to the Water Law Act expired on 31 December 1981 activities were continued, in all probability until April or May 1983. According to the information provided by Austria, Kieba is the only ascertainable polluter. In accordance with Article 31(1) and Article 138(1) of the Water Law Act, Article 32(1) of the Federal Waste Management Act and Article 83(3) of the Industrial Code, the Austrian administrative authorities must hold this undertaking primarily liable. They therefore ordered Kieba as early as 9 August 1991 to clean up the contaminated landfill site. Kieba successfully appealed against this order on procedural grounds. The Austrian authorities did not issue any further order, nor did they intend to do so in the near future, since the Wels regional court had initiated bankruptcy proceedings against Kieba on 29 September 1996. The estate of Kieba's main shareholder, Herbert Kiener, was also the subject of insolvency proceedings. No one has so far taken possession of the inheritance. The Commission notes that the Austrian Federal Government and the province of Upper Austria, by financing the clean-up, have assumed the obligations of the polluter, Kieba. It must be borne in mind, however, that Kieba is being wound up and no longer exercises any business activity. Consequently, Kieba can no longer derive any benefit from the State financing, and any benefit pursued in the past can no longer affect trade between Member States. For the rest, the Commission takes note of the fact that Austria has undertaken to use all available legal means to recover the costs of the clean-up from Kieba. In order to reclaim improperly made payments, an action on grounds of unjust enrichment is to be brought pursuant to Article 1042 of the Civil Code and damages claimed pursuant to Article 1295. 5.3. Atlas The Water Law Act and the Federal Waste Management Act contain provisions on the liability of landowners. Austria doubts, however, that Atlas can be made liable on the basis of these environmental provisions. This conclusion is also drawn in the two legal opinions. The Commission would once again point out, however, that Atlas was specially set up in connection with the contamination and that Atlas was aware of it. Furthermore, there is a close shareholder link between Kieba and Atlas. In the Commission's view, therefore, Atlas and Kieba are jointly and severally liable under a repayment order. If therefore ASA carries out the clean-up operation with State assistance, the aid measure could confer a benefit on Atlas, since it would not have to pay for the clean-up costs. The Commission notes that, according to the information provided by Austria, the firm does not carry out any significant business activity and might indeed be in difficulty. The danger that the abovementioned benefit might distort competition is therefore at present slight. However, the Commission cannot rule out the possibility that a third party might take over the shares in the firm and extend its business activity to the point where trade between Member States might be affected. State funding of the clean-up operation by ASA would strengthen Atlas's position compared with competitors on the EEA market that do not have the benefit of being able to carry out clean-up operations on their contaminated sites free of charge. Consequently, the Commission cannot rule out the possibility that the benefits accruing to Atlas through State funding might in future distort competition on the EEA market. With regard to Atlas, therefore, the financing may constitute State aid within the meaning of Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement. Article 92(1) of the EC Treaty and Article 61(1) of the EEA Agreement established the principle that aid having the characteristics set out therein is incompatible with the common market. Article 92(2) and Article 92(3) of the EC Treaty and Article 61(2) and Article 61(3) of the EEA Agreement specify which types of aid may exceptionally be considered to be compatible with the common market. In this instance, it is evident that none of these derogations applies. The derogations provided for in Article 92(2) of the EC Treaty and Article 61(2) of the EEA Agreement are not applicable, since the aid is not aid having a social character, granted to individual consumers, or aid to make good the damage caused by natural disasters or aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany. The derogations provided for in Article 92(3)(a) of the EC Treaty and Article 61(3)(a) of the EEA Agreement, and the regional derogations provided for in Article 92(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement are not relevant, since Atlas is situated outside an assisted area. As regards the derogations provided for in Article 92(3)(b) of the EC Treaty and Article 61(3)(b) of the EEA Agreement, the Commission notes that the relevant project does not fulfil the criteria which the Commission normally apply to "projects of common European interest" and that the aid is not intended to remedy a serious disturbance in the economy of a Member State. The first part of the derogation provided for in Article 92(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement concerning aid to facilitate the development of certain economic areas is not applicable, since the aid is not intended to contribute to the development of certain sectoral economic activities. Similarly, the derogations provided for in Article 92(3)(d) of the EC Treaty and Article 61(3)(d) of the EEA Agreement do not apply, since the aid is not intended to promote culture and heritage conservation. The Commission also notes that it is clearly not compatible with the "polluter pays" principle enshrined in Article 130r of the EC Treaty that a polluter should sell his contaminated land to one of his firms in order to avoid the clean-up costs, that the firm responsible for the contamination should file for bankruptcy and that the business activity should be carried on by the newly established firm. The Commission therefore considers that none of the derogations apply in this case. However, the Commission takes note of the fact that Austria has undertaken to use all available legal means to recover the costs of the clean-up from Atlas. Repayment of the clean-up costs by Atlas would, in the Commission's view, mean that the State funding of the clean-up operation did not confer a benefit on Atlas and that no State aid within the meaning of Article 92 of the EC Treaty was involved. 5.4. ASA On 29 December 1994, ASA Inerta Abfallbehandlungs GmbH applied, on its own initiative, for all the necessary permits under Article 32(4) of the Environmental Protection Act(8) for carrying out the decontamination of the landfill site. That Act had been notified to the EFTA Surveillance Authority as an existing aid scheme. The permits (UR-450000/323-1996) were issued on 22 February 1996 under the Waste Management Act and on 8 March 1996 under the Upper Austria Nature and Countryside Protection Act. Subsequently, ASA took over the permits issued to ASA Inerta Abfallbehandlungs GmbH. Austria concluded assistance agreements with ASA, since ASA was the only company that had the necessary permits. The Commission notes, however, that the assistance agreements with ASA were concluded without giving other Austrian or foreign competitors the opportunity of tendering for the agreements. It must therefore be examined whether the fee for ASA corresponds to the market price. The Commission notes that ASA is not carrying out the decontamination itself, but is acting as general contractor with responsibility for planning and coordinating the clean-up measures. For its services as general contractor, ASA will receive a fee of ATS 37,3 million (ECU 2,7 million), which is included in the overall clean-up costs of ATS 313,2 million (ECU 22,7 million). Austria has provided evidence that the fee for ASA was determined in accordance with the "fee guidelines for general contractors", which in turn are based on the regulations governing fees for project management and the building industry. Austria has also shown that under the agreement ASA will receive only 85 % of the amount calculated in accordance with these regulations. The opinions of two court-approved experts which have been submitted confirm that the fee corresponds to the market price. After careful examination of the information provided, the Commission concurs with Austria's view that ASA will receive an appropriate fee for its planning and coordination work and that the fee does not comprise any aid component within the meaning of Article 92 of the EC Treaty. The Commission would point out that the investigations into whether Austria complied with Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts(9) have not yet been concluded. This Decision is wholly without prejudice to the outcome of such investigations. On the carrying-out of the clean-up work by subcontractors, the Commission notes that, on the basis of the conditions laid down in the assistance agreements, ASA is required to apply Directive Ö-Norm-A-2050 on the coordination of procedures for the award of public service contracts. Austria has provided a detailed list of the work to be performed by subcontractors and has demonstrated that most of the work to be carried out is being awarded through public tendering procedures. The Commission therefore concludes that the remuneration for the subcontractors does not contain any State aid component within the meaning of Article 92 of the EC Treaty. 6. CONCLUSIONS In view of the above assessment of the State funding of the clean-up of the contaminated Kiener Deponie Bachmanning landfill site, the Commission notes the following: (a) the polluter Kieba is in liquidation and no longer pursues any business activity. Consequently, Kieba can no longer derive any benefit from State financing; (b) if ASA carries out the clean-up measures with State assistance, this measure could confer a benefit on Atlas, since the firm would then be spared the clean-up costs. This would constitute State aid for Atlas, for which none of the derogations provided for in Article 92(2) and (3) of the EC Treaty is applicable. Recovery and reimbursement of the clean-up costs by Atlas would exclude the possibility of the State funding constituting State aid within the meaning of Article 92 of the EC Treaty; (c) the firm responsible for cleaning up the contaminated site, ASA, is to receive an appropriate fee for its planning and coordination work. The fee does not contain any aid component. Consequently, the Federal Government and the province of Upper Austria may, in accordance with the notification, finance the clean-up measures in full, subject to the condition that Atlas reimburses the clean-up costs. The clean-up costs must be reclaimed in full from Atlas in accordance with national procedures and legal provisions, with interest running from the date of disbursement until such time as the amount has been fully reimbursed, at the rate used as the reference rate for calculating the net grant-equivalent of regional aid in Austria, HAS ADOPTED THIS DECISION: Article 1 The planned State financing of the clean-up, at an estimated cost of ATS 313,2 million (ECU 22,7 million), of the abandoned and contaminated Kiener Deponie Bachmanning landfill site does not constitute State aid, subject to the conditions stipulated in Article 2. Article 2 Austria shall order Atlas to repay the State financed clean-up costs and shall ensure that it receives them. Repayment shall be made in accordance with national procedures and legal provisions, with interest running from the date of disbursement until such time as the clean-up costs have been repaid by Atlas, at the rate used as the reference rate for calculating the net grant-equivalent of regional aid in Austria. Article 3 Austria shall inform the Commission within two months of notification of this Decision of the measures it has taken to comply with it. Article 4 This Decision is addressed to the Republic of Austria. Done at Brussels, 9 December 1998.

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COUNCIL DECISION of 16 March 1992 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt (92/207/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof, Having regard to the recommendation from the Commission, Having regard to the assent of the European Parliament (1), Whereas the Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt should be approved, HAS DECIDED AS FOLLOWS: Article 1 The Protocol on financial and technical cooperation between the European Economic Community and the Arab Republic of Egypt is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 22 (1) of the Protocol (2). Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities. Done at Brussels, 16 March 1992.

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Commission Regulation (EC) No 1012/2003 of 12 June 2003 amending for the 19th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan(1), as last amended by Commission Regulation (EC) No 866/2003(2), and in particular Article 7(1), first indent, thereof, Whereas: (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 10 June 2003, the Sanctions Committee decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Therefore, Annex I should be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EC) No 881/2002 is hereby amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 June 2003.

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COMMISSION REGULATION (EEC) No 1663/93 of 29 June 1993 amending Regulation (EEC) No 3824/92 laying down the prices and amounts fixed in ecus to be amended as a result of monetary realignments THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (1), and in particular Articles 12 and 13 (1) thereof, Whereas Commission Regulation (EEC) No 3824/92 (2), as last amended by Regulation (EEC) No 1330/93 (3), establishes the list of prices and amounts in ecus adjusted as a result of monetary realignments; whereas an addition should be made to the list to take account of the aids introduced as part of the application in 1993 of common prices in Portugal and of the fixing of prices and associated measures for the 1993/94 marketing year; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EEC) No 3824/92 is hereby amended as follows: 1. in '1. CEREALS', the following points are added after point 1.9: '1.10. Aid for the production of certain varieties of rice, as referred to in Article 8a of Regulation (EEC) No 1418/76, as last amended by Regulation (EEC) No 1544/93 (*). 1.11. Aid to producers of paddy rice in Portugal as referred to in Article 1 (c) of Council Regulation (EEC) No 738/93 of 17 March 1993 amending the transitional measures governing common organization of the market as provided for by Regulation (EEC) No 3653/90 (**). (*) OJ No 154, 25. 6. 1993, p. 5. (**) OJ No L 77, 31. 3. 1993, p. 1.'; 2. in '8. MILK AND MILK PRODUCTS', the following point is added after point 8.12: '8.13. Aid to milk producers in Portugal as referred to in Article 2 of Council Regulation (EEC) No 739/93 of 17 March 1993 on application of the common price for milk powder in Portugal (***). (***) OJ No L 77, 31. 3. 1993, p. 4.' Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 June 1993.

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Council Regulation (EC) No 2229/2003 of 22 December 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of silicon originating Russia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. Procedure 1.1. Provisional measures (1) The Commission, by Regulation (EC) No 1235/2003(2) ("provisional Regulation"), imposed provisional anti-dumping measures on imports of silicon originating in Russia. The measures were expressed as an ad valorem duty, ranging between 24,0 % and 25,2 %. (2) It is recalled that the investigation of dumping and injury covered the period from 1 October 2001 to 30 September 2002 ("investigation period" or "IP"). The examination of the trends in the context of the investigation of injury analysis covered the period from 1 January 1998 to the end of the IP ("period under consideration"). 1.2. Other measures in force (3) Anti-dumping duties at an ad valorem rate of 49 % are currently in force on imports of silicon originating in the People's Republic of China ("China")(3). A review(4) of these measures pursuant to Article 11(2) of the basic Regulation is ongoing. 1.3. Subsequent procedure (4) Following the imposition of provisional anti-dumping duties, parties received a disclosure of the facts and considerations on which the provisional Regulation was based. Some parties submitted comments in writing. All interested parties who so requested were granted an opportunity to be heard by the Commission. (5) All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure. (6) The oral and written comments submitted by the interested parties were considered and, where appropriate, the definitive findings have been changed accordingly. (7) The Commission continued to seek all information it deemed necessary for the purpose of its definitive findings. (8) In addition to the verification visits undertaken at the premises of the companies mentioned in recital 7 of the provisional Regulation, it should be noted that after the imposition of provisional measures, an on-spot visit was carried out at the premises of the following Community users: - GE Bayer Silicones, Leverkusen, Germany, - Raffinera Metalli Capra SpA, Brescia, Italy, - Vedani Carlo Metalli SpA, Milan, Italy. 2. Product concerned and like product 2.1. Product concerned 2.1.1. Comments from exporting producers (9) In recital 9 of the provisional Regulation, the product concerned was defined as silicon currently classifiable within CN code 2804 69 00. Some exporters queried whether silica fumes, which is a by-product of silica, obtained by a filtering process during the production of Silicon, is covered by the present proceeding. (10) It should be noted that silica fumes does not correspond to the definition of the product concerned provided in recitals 9 and 10 of the provisional Regulation since it is merely a by-product from the production of silicon taking the form of a powder which is used as an additive to concrete. It is therefore confirmed that this product, covered under CN code ex 2811 22 00, is outside the scope of this proceeding. (11) The definition of the product concerned was questioned by one Russian exporting producer, which claimed that there are in fact two distinct types of silicon, within this CN code, one type destined to metallurgical users and one type to chemical users. In support of this assertion, the Russian producer claimed that the two grades have significantly different chemical compositions based on their trace element content, with different end uses; that there are two distinct sets of users which do not compete with each other; and that there is no significant interchangeability between the two grades. (12) The investigation showed that silicon is produced in different grades and that silicon sold on the EU market during the IP, whether produced by the Community industry or imported from Russia, contained more than 95 % silicon by weight. The grade of the silicon is determined in the first place by the percentage of silicon, and in the second place by the other elements, in particular the content of iron and calcium. For specialist users, particularly chemical users, the proportions of other trace elements determine whether the silicon is suitable for the intended use. Commonly, for a specialist user, silicon is manufactured to specific requirements and is only purchased following a lengthy verification process by the individual user. However, whilst the levels of trace elements are important to chemical users, this is not sufficient to conclude that it is a separate product from silicon consumed by metallurgical users. (13) Evidence was also provided to show that the high-grade material was not sold exclusively to chemical users, and that chemical users also purchased certain quantities of the lower grade so-called metallurgical silicon. It is also generally accepted that users with lower quality requirements, in particular secondary metallurgical users, are able to use higher-grade silicon. For them the determinant factor is the price, as they are not willing to pay a premium for silicon of a higher grade than they require. 2.1.2. Comments of users (14) A number of users also questioned the provisional determination of the product concerned. The submissions made were very similar to those received by exporting producers, particularly from the metallurgical users. All metallurgical users argued that there are three distinct product types i.e. chemical, and a split between standard, and low grade silicon for metallurgical users. However, all accepted that they are able to use any of these grades in their production process, although they prefer low grade silicon on cost grounds. These comments were repeated by a metallurgical users' organisation. (15) One chemical user commented on the issue of product concerned. They confirmed that the silicon they purchase is tailor-made to their specifications and that the trace elements within the silicon are the most important factor for them. 2.1.3. Comments of the Community industry (16) The Community industry agreed with the provisional determination that all grades of silicon falling under the definition used in recitals 9 and 10 of the provisional regulation should be considered as the product concerned. They also pointed out that many of the arguments are not raised within the context of the product concerned but within the context of the like product determination, and that the exporting producers are confusing these two issues. 2.1.4. Conclusion on product concerned (17) Silicon is a product which is manufactured in several grades, depending firstly on the iron content, then on the calcium content, and thirdly on other trace elements. The production process employed in the EU and in Russia, i.e. electric arc furnaces, is largely the same. (18) On the EU market, there are essentially two different user groups: chemical users mainly manufacturing silicones, and metallurgical users manufacturing aluminium. The metallurgical users can also be subdivided between primary aluminium producers and secondary (recycled) aluminium producers. However, all of the silicon used contains at least 95 % silicon by weight, and is typically 98 or 99 % silicon. (19) Three grades of silicon have been identified, high grade, standard grade, and low grade, based upon the percentages of iron and calcium in the silicon. Between these grades, it was found that there is some overlap in the use made by different user groups. It is generally accepted that there are no physical, chemical, or technical characteristics which would prevent secondary aluminium producers from using any of the grades of silicon, or primary aluminium producers from using standard or high grade silicon. There is not the same degree of interchangeability in the opposite direction, although evidence has been submitted of chemical users being prepared to use standard and low grade silicon. The cost of the different grades usually determines which grade is used by which user group. (20) The investigation has shown, as mentioned above, that all types of silicon, despite any differences in terms of the content of other chemical elements, have the same basic physical, chemical, and technical characteristics. Whilst the silicon can be used for different end uses, it was found that there was substitutability to a greater or lesser degree between the different grades and different uses. (21) Therefore, the findings at recitals 9 and 10 of the provisional Regulation are definitively confirmed. 2.2. Like product (22) After analysis, it was found that the claim concerning the product control number (PCN) addressed in recital 14 of the provisional Regulation concerned the price comparison of silicon originating in Russia with Community produced silicon and the correspondent injury elimination level. Differences in prices, quality and in uses do not necessarily lead to the conclusion that the products are not alike. Indeed, what matters in this context is whether the product types in question share the same basic physical and chemical characteristics and basic uses. The aforementioned differences will be taken into account in the comparison between export price and normal value and in determining e.g. price undercutting and the injury elimination level). (23) One Russian exporting producer referred to the anti-dumping measures currently imposed on imports of silicon from China (see recital 3). In particular, they refer to recital 55 of Council Regulation (EC) No 2496/97 which states that "the quality of silicon metal from Russia and Ukraine is not comparable to European or Chinese silicon metal". (24) In response to this point, it should first be pointed out that this statement was made in an investigation dating back more than five years, was based on information submitted in that investigation, and that this is not confirmed in the current investigation. In addition recital 55 of the above Regulation deals with the issue of causality only. It is clear from the wording that the product concerned, and indeed the like product from all sources, be it China, Russia, the EU, or the analogue country, i.e. Norway is silicon. This silicon forms one like product within the definition of Article 1(4) of the basic Regulation. Moreover, to the extent that quality differences can be found between different silicon producers in different countries, such differences can be adequately taken into consideration by means of adjustments. It is also noted that there were quality differences between the various types exported from Russia to the Community. (25) Based on the above and based on the findings of the investigation, it is confirmed that the silicon produced in Russia and sold domestically as well as that exported to the Community, the silicon sold on the domestic market of the analogue country, and that manufactured and sold in the Community by the Community industry have the same basic physical and chemical characteristics. It is therefore concluded that all types of silicon forms one product family and are considered to be like products within the meaning of Article 1(4) of the basic Regulation. 3. Dumping 3.1. Normal value (26) In the absence of any comments, the recitals 15 to 18 concerning market economy treatment of the provisional Regulation are confirmed. (27) All exporting producers made submissions arguing that the cost of electricity used at provisional stage should be amended. They emphasised that their main electricity supplier is a majority private-owned company and that its low price can be explained by the presence of the world's largest complex of hydro-electric power stations, based on a natural comparative advantage. This matter was further investigated, but since it was found that electricity prices in Russia are regulated and that the price charged by this electricity supplier was very low, even when compared to other suppliers of electricity generated by hydro-electric power stations in the analogue country Norway and also in Canada, it was decided to reject this claim and to confirm the provisional decision to use the electricity price charged by another electricity supplier in Russia. This price was found to be in line with the lowest price of representative electricity producers found in the Community. (28) In the absence of any other comments, the recitals 19 to 26 concerning the determination of normal value of the provisional Regulation are confirmed. 3.2. Export price (29) All exporting producers have argued that the companies involved in selling the product concerned to the EC which are located outside Russia are related parties and that these companies should be treated as a single economic entity together with the companies located in Russia. They claimed that the export price used should therefore be the price charged by these related companies to the first independent customer in the EC. (30) In the case of the importer located in the Community (United Kingdom), no new evidence was presented which demonstrated that it was related to the exporting producer. The claim was therefore rejected and the provisional approach of establishing the export price on the basis of the sales price to this importer was maintained. (31) In the case of the importer in Switzerland, an on-spot verification visit was carried out following the imposition of the provisional measure and it was found that this company was indeed related to the exporting producer. For the sales made through this importer, the export price was therefore based on the price of this importer to the first unrelated customer in the Community. (32) As regards the importer located in the British Virgin Islands, it should first be noted that according to Article 2(8) of the basic Regulation the export price to be used is the "price actually paid or payable when sold for export from the exporting country to the Community." In other words, in cases where the export transaction to the Community involves intermediaries, it is not the price ultimately charged to the Community customer which matters (and which is often not known to the exporting producer), but the price at which the product "leaves" the exporting country. This price may have to be substituted by subsequent resale prices in particular if the parties are related. Rusal has submitted new information which, in their view, proved such a relationship. However, it is considered that this relationship was not demonstrated in a conclusive and unambiguous way. In fact, there is no direct shareholding between the Rusal and the company in the British Virgin Islands and structures are complex and non-transparent. According to the company, the link is a result of indirect shareholding but no verifiable documentation to this effect was submitted. Moreover, according to the Rusal the company in the British Virgin Islands does not perform any economic activity in the sale or distribution of the exported products but is merely a letter box company. In other words, this is not really a sale via a third party. Rather the British Virgin Islands company is an addressee for unclear accounting purposes. There was no way to verify the true role of this company located in the British Virgin Islands or follow with sufficient certainty the payment flows. It was consequently decided to maintain the provisional approach and to establish the export price on the basis of the sales price to the company in the British Virgin Islands. 3.3. Comparison (33) One exporting producer again claimed an adjustment for physical characteristics based on the fact that the average grade of silicon sold on the Russian market is of higher quality and therefore involves higher production costs. However, the company failed to present new evidence demonstrating that there was a consistent difference in quality between the product types sold on the domestic market and those exported to the Community. Therefore, the provisional approach was maintained and no adjustment for physical differences was made. (34) Two companies repeated their claims concerning an adjustment for quantities and for level of trade. The request for an adjustment for quantities could not be taken into account since the company was not able to demonstrate that discounts or rebates had been specifically given for the purchase of different quantities and since these differences in quantity had already been taken into account by the level of trade adjustment for different types of customers granted at the provisional stage. With respect to the request for an additional adjustment for level of trade, the company was not able to demonstrate that the adjustment made at the provisional stage had been insufficient and therefore no additional adjustment could be granted. 3.4. Dumping margins (35) In the absence of any comments, the determination of the dumping margin, as described in recitals 29 and 30 of the provisional Regulation are confirmed. (36) The definitive dumping margins, expressed as a percentage of the CIF import price at the Community border, are as follows: TABLE 4. Injury 4.1. Community industry (37) Since no comments were received regarding the definition of the Community industry, the contents and provisional conclusions of recitals 33 and 34 of the provisional Regulation are hereby confirmed. 4.2. Consumption of silicon in the Community (38) In the absence of any new information on consumption, the provisional findings as described in recitals 35 and 36 of the provisional Regulation are confirmed. 4.3. Imports of silicon into the Community 4.3.1. Volume and market share of imports (39) In the absence of any new information either on the imports of silicon into the Community or on their market share, the provisional findings as described in recitals 37 to 43 of the provisional Regulation are confirmed. 4.3.2. Price undercutting and price depression (40) Undercutting calculations were revised to reflect adjustments for level of trade and quality. These adjustments were established on the basis of verified information and correspond to a reasonable estimate of the market value of the differences. (41) Definitive undercutting margins showed that undercutting was 10,2 %. (42) The existence and the level of undercutting should be seen in the light of the fact that prices were depressed. Prices decreased significantly over the period under consideration (- 16 %), to the extent that they were not covering the Community industry's full costs of production during the IP. 4.4. Economic situation of the Community industry (43) The two Russian exporting producers claimed that the Community industry did not suffer material injury as most of the injury indicators showed positive developments. In particular, the exporting producers pointed to improvements for production, capacity, capacity utilisation, sales volume in the Community, market share, stocks, employment, and productivity over the period under consideration. (44) However for the injury indicators, and as outlined in recitals 71 and 72 of the provisional Regulation, a closer examination showed that the main positive developments for the Community industry took place between 1998 and 2000. Between 2000 and the IP, nearly all indicators either rose only slightly, remained stagnant, or indeed fell. It is during this period that the material injury suffered by the Community industry is most apparent. (45) It should be noted that as indicated in recital 72 of the provisional Regulation the relatively good performances of the Community industry up to 2000 was directly attributed to decisions taken by the Community industry to invest in additional community production facilities. Indeed, during that period the Community industry production, production capacity, sales volume, market share, employment and productivity increased. Profitability was set at 5 % of the net sales value. (46) Subsequently, and mirroring the increased presence of low-priced dumped imports from Russia, the situation of the Community industry deteriorated. Market share, cash flow, investments, and return on investments saw important decreases. (47) Moreover, the trend of other injury indicators, and in particular the decrease in profitability and sales prices suffered by the Community industry over the period under consideration led to the conclusion that the Community industry suffered material injury. 4.5. Conclusion on injury (48) For these reasons, and in the absence of any new information that would necessitate a revision of the finding that the Community industry suffered material injury during the IP, in particular for prices and profitability, the arguments raised by the Russian exporting producers are rejected. The findings and the conclusion set out in recitals 71 to 73 of the provisional Regulation are confirmed. 5. Causation (49) One Russian exporting producer argued that even if the finding of material injury is confirmed, this injury was not caused by the Russian imports of silicon. A number of other factors were alleged to be the true cause of the injury, if any, suffered by the Community industry. Other third countries with a much larger share of imports compared with Russia, Community industry's self-inflicted injury, the export performance of the Community industry, imports of silicon by the community industry itself, and the differences in the markets for chemical and metallurgical silicon were all cited as explanations for any injury suffered by the Community industry. One Russian producer also alleged that there was a 16 % difference between prices of the Community industry and Russian prices during the IP, and that such a large difference showed that there is no price competition between the silicon from the two sources on the Community market. 5.1. Imports from other third countries (50) As outlined in recital 98 of the provisional Regulation, imports from a number of other third countries were made at much higher volumes than those from Russia. However, with the exception of China, imports from each of these countries actually fell in volume between 2000 and the IP i.e. when the Community industry saw a downturn in its economic situation. Furthermore, the prices of these other imports were in all cases higher than those of the Russian imports, and where they did undercut the Community industry's prices, the price differential was very limited. (51) One Russian exporting producer claimed that the information from Eurostat could not be relied upon as no account is taken of differences in product mix. They pointed out that there are important price differences between the predominantly lower quality silicon exported from Russia, and the higher quality silicon from other third countries. Rather, they claimed that the prices actually paid by users for silicon from different sources should be used when comparing prices. (52) This producer did not adduce any evidence in support of its claim. Moreover, due to the lack of substantial data from users as to the price they paid for silicon from other third countries, this price comparison could not be made. The information available from Eurostat represents in these circumstances the best source for establishing prices of silicon from third countries. In relation to the information available for the parallel expiry review against China, it emerged that the average undercutting margin found when prices were compared on a grade-by grade basis was in line with the margin found when Eurostat average import price was compared to Community industry average price. (53) Furthermore, it should also be noted that for a fair comparison of import prices, Eurostat data was used in all cases. For Russia, where verified information was available for the IP, the true price of the imports was actually slightly lower than that recorded on Eurostat. 5.2. Self-inflicted injury (54) It was claimed that the injury suffered by the Community industry was primarily due to increasing costs incurred for new production capacities in an effort to increase market share. To this end it was claimed that the Community industry has the highest average costs of production (COP) in the world. This claim was based upon a comparison of the verified cost of production for the Community industry and Russian producers in this proceeding against published costs for other third countries. However, the cost elements included in the published figures were not clearly identified and therefore there was no evidence to indicate that these COP could be compared with the COP verified during the investigation. Typically it appeared that these published figures are based on manufacturing cost only, and do not include essential cost elements such as SG & A. In addition, it is interesting to note that the Russian producer did not provide any corresponding published data for Community producers. On this basis it is considered that this claim could not be addressed and the arguments raised by the Russian exporter were rejected. In support of this approach, it was found that the verified COP in the analogue country, Norway, was indeed higher than that provided by the Russian producer. When adjusted to full costs, the verified COP in Norway was found to be consistent to that of the Community industry. (55) Nevertheless, even if the costs of the Community industry were comparatively higher, this fact would not break in itself the link between the low-priced dumped imports and the injury suffered by the Community industry. As outlined at recital 83 of the provisional Regulation, had prices not fallen between the year 2000 and the IP, then the Community industry would have made a profit of 1,7 %, as opposed to an actual loss of 2,1 %. 5.3. Exports by the Community industry (56) It was claimed that the reduction in export sales by the Community industry would have impacted on the profitability of their EU sales. However, no evidence to support this claim was submitted. (57) The total fall in export sales between 1998 and the IP represented only 2,3 % of all Community industry sales during the IP. Their impact, if any, on the prices and profitability of the Community industry on the EU market can, therefore have been of only a minor nature. It can also reasonably be assumed that the reduction in export is partly due to the demand for Community produced silicon during the IP. 5.4. Imports of silicon by the Community industry (58) One Russian producer queried the conclusion at recital 85 of the provisional Regulation that companies related to the Community industry, and which purchase silicon, have taken such decision on their own behalf and without influence from the Community industry. In support of this point, it was claimed that these related companies were not allowed to express their opinion on the proceeding. This was said to prove that these companies are indeed controlled by the Community industry. (59) The fact that the companies related to the Community industry do not make comments opposing anti-dumping measures in this proceeding does not mean that they are not free to source their own raw materials based on financial considerations. As these companies were seen to buy silicon from the Community industry, from Russia, and indeed from any other source as they wished, the conclusion at recital 85 of the provisional Regulation are therefore confirmed. 5.5. Differences between the markets for chemical and metallurgical silicon (60) It was alleged that the problems faced by the Community industry from 2000 onwards were due to a downturn in the demand for chemical grade silicon caused by a downturn in demand for the products of this user industry. It was claimed that the Community industry sells a higher proportion of its silicon to these chemical users than it does to metallurgical users, whilst the opposite is true for Russian exporting producers. Therefore, as Russian silicon does not compete with Community produced silicon in the chemical market, any problems faced by the Community industry cannot be attributed to Russian imports. (61) The table below outlines the trends in prices and volumes for Community industry sales of silicon to their chemical customers. Community industry sales to chemical customers TABLE Source: Community industry. (62) From this table, it can be seen that over the period under consideration, the sales of silicon sold to chemical users increased by 42 % in volume but fell by 13 % in terms of average price. This compares with a 57 % increase in volume and a 16 % fall in prices for all sales of silicon over the period under consideration (see Tables 8 and 9 of the provisional Regulation). (63) During the period between 2000 and the IP, when the injury trend showed a particular downturn in respect of prices and profitability, sales to chemical users fell by around five thousand tonnes (- 7,0 %), but average prices increased by EUR 14 per tonne (+ 1,1 %). For all sales the comparable figures show an increase of around three thousand tonnes (+ 2,1 %) whilst average prices fell by EUR 46 per tonne (- 3,7 %). (64) Therefore, there are no reasons to believe that the injury suffered by the Community industry was caused by a downturn in sales to chemical customers. In fact, given the nature of the injury suffered, the reverse is true. (65) Accordingly, the argument that it is the trend for the sales of the Community industry to chemical customers that was the real cause of the injury suffered during the IP is rejected. 5.6. Price competition (66) Concerning the price difference between the silicon produced in the Community and the silicon imported from Russia, it is confirmed that this difference is not 16 %, as claimed by a Russian exporter, but 11 % on average during the IP (see recital 46 of the provisional Regulation). This difference existed despite Community industry price falls of 7 % between 2001 and the IP. This is seen as a clear indication of the effect that Russian prices had on those of the Community industry. To claim that the price undercutting is so large that it cannot have been the cause of the injury to the Community industry would be counter intuitive. (67) Indeed, the investigation showed that large quantities of silicon are sold by both the Community industry and the Russian exporting producers to the same customers or customers operating in the same sector. It is also clear that the low level of the Russian price was used as a lever by these users when negotiating prices with the Community industry. 5.7. Conclusion on causation (68) In light of the above, the arguments raised by the Russian exporting producers are rejected and the findings and conclusions set out in recitals 101 and 102 of the provisional Regulation are confirmed. 6. Community interest (69) Following the provisional determination, that the imposition of measures was not against the Community interest, interested parties were invited to come forward and to cooperate in the proceeding. Comments were received from four users and a users' association which had cooperated during the provisional stage of the proceeding. In addition five users and one users' association which did not cooperate during the provisional stage of the proceeding made comments on the provisional findings. No importers of silicon made any comments. Three Community suppliers of raw materials to the Russian producers had already submitted comments at the provisional stage. (70) Those comments which were made following the publication of the provisional Regulation concerned only the need to differentiate between chemical and metallurgical silicon i.e. on issues concerning the product concerned and the like product. The users submitted no comments regarding the impact of any measures either on their costs or on their profitability, nor provided the necessary information to allow such an assessment to be made. (71) However, following on-spot visits to users, it was found that whilst these users are opposed to measures as this will increase their costs, they were generally in agreement with the methods we employed in our analysis. It is likely that the measure will have an impact on users. The information available indicates that duties will increase the costs for metallurgical users in the order of EUR 11 per tonne of finished product, i.e. by 0,8 %. (72) For the Community suppliers of raw materials, even it were accepted that the imposition of measures may have some negative consequences on their turnover and profitability. no evidence was submitted that would lead to the conclusion that this impact would be such as to outweigh the expected benefits to the Community industry. (73) Therefore, there was no new information provided at all that could lead to a finding that the imposition of definitive measures would be against the Community interest. Accordingly, the conclusion reached in recital 118 of the provisional Regulation is definitively confirmed. 7. Definitive measures (74) In view of the conclusions reached regarding dumping, injury, causation and Community interest, it is considered that definitive anti-dumping measures should be imposed in order to prevent further injury being caused to the Community industry by dumped imports from Russia. 7.1. Injury elimination level (75) A number of claims were made regarding the methodology used for calculating the injury elimination level at the provisional stage. 7.1.1. PCN Table (76) As stated in recital 14 of the provisional Regulation, it was claimed that the product control number (PCN) table which identifies all types of silicon did not include sufficient details of the chemical composition of the different types of silicon and that it was therefore not possible to make a proper comparison of the different grades of silicon. It was thus proposed to amend the PCN table to clearly identify the types imported from Russia as compared to those sold by the Community industry. (77) One company claimed that an extra grade should be included to cover silicon with an iron content of above 0,8 %. Whilst it may be that silicon with high levels of iron command lower prices on the market, no evidence was submitted to show that there was a clear market difference between silicon containing more than 0,5 % iron and that containing more than 0,8 %. As any price differences resulting from these different iron contents can, in any case be addressed by way of a price adjustment, which was indeed given, this claim is rejected. (78) The other Russian exporting producers requested two changes to the PCN Table. They firstly requested that a new grade be defined where the trace elements are the main determining factor. It was claimed that without this adjustment, silicon sold to metallurgical users could be unfairly compared with silicon sold to chemical users. They also requested that the silicon containing exactly 0,5 % iron be classified as low quality instead of standard quality as in the current PCN table. (79) The acceptance of the first request would not have led to a more accurate PCN Table, but would instead have resulted in poorly defined criteria, with a risk that the interested parties would have a degree of freedom in allocating sales to particular PCNs. Such a freedom would undermine the reliability of the information provided by PCN and thus on the reliability that could be placed on the injury elimination level. There is also no evidence indicating that maintaining the current PCN structure would lead to erroneous or less accurate findings. For example an underselling calculation based on standard and low quality silicon only would result in margins which changed by at most 0,2 %. For these reasons, the claim is rejected. (80) As to the second claim, again no evidence to support this change has been provided. Indeed there are indications that silicon containing 0,5 % iron is seen as the standard grade by users. Accordingly, no change to the PCN Table was considered necessary. 7.1.2. Profit margin (81) It was provisionally found that a profit margin of 6,5 % on total turnover could be regarded as an appropriate minimum which the Community industry could reasonably expect to obtain in the absence of injurious dumping. It was claimed that this margin was too high and that a margin of around 3 % would be more appropriate. (82) The request to use a 3 % margin is not borne out by the facts. Indeed, a profit of 6,5 % is in line with the profits achieved by the Community industry when fair market conditions prevailed on the Community market, i.e. between 1998 and 2000. Moreover, given the level of the dumping margins found and the volume of imports from Russia, it is also likely that the Community industry would have achieved profits of at least this level during the IP. 7.1.3. Quality adjustment (83) One Russian producer claimed that the silicon produced at one of its plants was of a lower quality than that produced at the other plant due to differences in the production process. Accordingly it was claimed that the lower quality silicon should be adjusted to allow a fair comparison with the prices of the Community industry. The adjustment claimed was the difference in the average cost of production between the two plants. (84) It is indeed accepted that there is a quality difference between the two plants. However, for any adjustment to be merited, it should be demonstrated that these differences impact on the prices that can be achieved in the market, in this case the EU. A comparison was, therefore made on a grade-by-grade basis to see if there was a consistent difference in the sales prices achieved between the two plants. For the high quality silicon, no sales were made of silicon from the lower quality plant, and no adjustment was necessary. For the standard grade, a clear price difference was observed, and an adjustment of 4 % was made for sales of this quality from the relevant plant. For the low quality silicon, no price difference was found and thus no adjustment was warranted. (85) The second Russian producer claimed that all of its silicon was of such low quality, that it could not be directly compared even with the prices of low-quality silicon produced by the Community industry. (86) It is again accepted that the iron level in particular is higher in the silicon produced by this producer compared to that produced by both the Community industry and by the other Russian producer. In order to calculate the quality effect, if any, on the prices achieved by this producer on the EU market, a comparison was made with the average prices achieved by the other Russian producer, again on a grade-by-grade basis. (87) The results of this comparison showed that an adjustment to the prices of low-quality silicon from this Russian producer should be granted so that it could be compared with the prices of the low-quality silicon produced by the Community industry. 7.1.4. Level of trade adjustment (88) The Russian producers claimed a price adjustment to allow for different levels of trade for their EU sales. It was found that one Russian producer sold all of its silicon via a trader in the British Virgin Islands. The second producer sold via a related trader in Switzerland, via an unrelated trader in the EU, and directly to end users. The Community industry sold almost all of its silicon directly to end-users. (89) In order to determine if a level of trade adjustment was warranted, all sales of the same grade from the same producer via the different sales channels were analysed to see if there was a consistent price differential. As a result of this analysis, a level of trade adjustment was granted for all sales via an unrelated trader. 7.2. Form and level of the definitive duty (90) In accordance with Article 9(4) of the basic Regulation, definitive anti-dumping measures should be imposed at the level of the dumping or injury margins found, whichever are the lower. These measures, as with the provisional measures, should take the form of an ad valorem duty. 7.3. Definitive collection of the provisional duty (91) In view of the magnitude of the dumping margins found for the exporting producers in Russia and in light of the level of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional anti-dumping duty imposed by the provisional Regulation, i.e. Commission Regulation (EC) No 1235/2003, should be definitively collected to the extent of the amount of definitive duties imposed. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties should be definitively collected. (92) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic sales and export sales associated with e.g. that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duties. 7.4. Undertakings (93) Subsequent to the imposition of provisional measures, and after disclosure of the definitive findings, one exporting producer in Russia offered a price undertaking in accordance with Article 8(1) of the basic Regulation. (94) The exporting producer concerned is a producer of different types of products which can be sold together. This raises a potential risk of cross-compensation i.e. that any undertaking prices would be formally respected but that prices for products other than the one concerned would be lowered when sold together with the product concerned. All this would render the commitment to respect a minimum price for silicon easy to circumvent and very difficult to monitor effectively. (95) For the reasons set out above, it was therefore concluded that the undertakings offered subsequent to the disclosure of the definitive findings could not be accepted as such in their current form. The interested parties were informed accordingly and the deficiencies of the undertaking offered were disclosed in detail to the exporters concerned, HAS ADOPTED THIS REGULATION: Article 1 1. A definitive anti-dumping duty is hereby imposed on imports of silicon with a silicon content less than 99,99 % by weight, falling within CN code 2804 69 00, originating in Russia. 2. The rate of the definitive anti-dumping duty applicable for the product produced by the companies named below and originating in Russia shall be as follows: TABLE 3. Unless otherwise specified, the provisions in force concerning customs duties shall apply. Article 2 The amounts secured by way of provisional anti-dumping duties pursuant to Commission Regulation (EC) No 1235/2003 on imports of silicon with a silicon content less than 99,99 % by weight, falling within CN code 2804 69 00, originating in Russia shall be definitively collected in accordance with the rules set out below. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected. Article 3 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 2003.

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Commission Regulation (EC) No 223/2003 of 5 February 2003 on labelling requirements related to the organic production method for feedingstuffs, compound feedingstuffs and feed materials and amending Council Regulation (EEC) No 2092/91 (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs(1), as last amended by Commission Regulation (EC) No 473/2002(2), and in particular Article 1(3) and the second indent of Article 13 thereof, Whereas: (1) Under Article 1(3) of Regulation (EEC) No 2092/91 a Regulation must be adopted providing for labelling requirements as well as inspection requirements and precautionary measures for feedingstuffs, compound feedingstuffs and feed materials, as far as these requirements are related to the organic production method. (2) The petfood market and the market in feed for fur animals are separate from the market in feedingstuffs for other farmed livestock. Moreover, the labelling, production and inspection rules provided for in Articles 5, 6, 8 and 9 respectively of Regulation (EEC) No 2092/91 do not apply to aquaculture animals or aquaculture products. This Regulation should therefore apply only to feedingstuffs for organically-reared livestock, excluding petfood, feed for fur animals and feed for aquaculture animals. (3) The specific measures on labelling feedingstuffs for organically-reared livestock must allow producers to identify feed that may be used in accordance with the provisions on the organic production method. The indication referring to the organic production method should not be presented in a way that draws more attention to it than to the description or the name of the feedingstuff referred to respectively in Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs(3), as last amended by Directive 2002/2/EC of the European Parliament and of the Council(4), and in Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC(5), as last amended by Directive 2001/46/EC of the European Parliament and of the Council(6). (4) The percentage of organically-produced feed materials, the percentage of in-conversion products and the total percentage of feedingstuffs of agricultural origin should moreover be indicated by weight of dry matter so that producers may comply with the daily rationing rules laid down in Part B of Annex I to Regulation (EEC) No 2092/91. Part B of Annex I to that Regulation should therefore be amended also. (5) A number of trade marks of products intended for animal feed which do not meet the requirements of Regulation (EEC) No 2092/91 carry indications which may be considered by operators to be a reference to the organic production method. Provision should be made for a transitional period to allow holders of those trade marks to adapt to the new rules. However, this transitional period should be granted only to trade marks bearing the above indications where an application for registration was made before the publication of Council Regulation (EC) No 1804/1999 of 19 July 1999 supplementing Regulation (EEC) No 2092/91 to include livestock production(7), and where the operator has been duly informed of the fact that the products have not been produced by the organic production method. (6) The minimum inspection requirements and precautionary measures applicable to units preparing feedingstuffs require the implementation of special measures, which should be incorporated into Annex III to Regulation (EEC) No 2092/91. (7) The principle of separating all equipment used in units preparing organic compound feedingstuffs from equipment used in the same unit for conventional compound feedingstuffs is considered to be an effective means of preventing the presence of products and substances not allowed by the organic production method. That principle should hence be incorporated as a provision into Annex III to Regulation (EEC) No 2092/91. The immediate implementation of that provision however is assumed to have an important economic impact on the compound feedingstuffs industry in several Member States and consequently on the organic farming sector. For that reason, and in order to allow the organic sector to adapt to the new requirements of separated production lines, a possibility of derogation to this provision should be foreseen for a period of five years. Moreover, this issue has to be re-examined thoroughly in the near future on the basis of further information and experience gained. (8) Regulation (EEC) No 2092/91 should therefore be amended. (9) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 14 of Regulation (EEC) No 2092/91, HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall apply to the feedingstuffs, compound feed and feed materials referred to in Article 1(1)(c) of Regulation (EEC) No 2092/91, where these products carry or are intended to carry references to the organic production method. This Regulation shall not apply to pet foods, feed for fur animals or feed for aquaculture animals. Article 2 For the purpose of this Regulation, the definitions laid down in Article 4 of Regulation (EEC) No 2092/91 shall apply. In addition: 1. "feed materials from the organic production method" shall mean organically-produced feed materials or prepared from such materials, 2. "feed materials from products in conversion to organic farming" shall mean in-conversion feed materials or products prepared from such materials. Article 3 1. The labelling, advertising and commercial documentation relating to the products referred to in Article 1 may refer to organic production methods only where: (a) the products have been produced, prepared or imported by an operator who is subject to the inspection measures laid down in Articles 8 and 9 of Regulation (EEC) No 2092/91; (b) the products and the materials of which they are composed and any other substance used in the preparation of those products have not been subjected to treatments involving the use of ionising radiation; (c) the conditions referred to in points 4.12, 4.13, 4.14, 4.16, 4.17 and 4.18 of Part B of Annex I to Regulation (EEC) No 2092/91 are met as required; (d) feed materials from the organic production method do not enter simultaneously with the same feed materials produced by conventional means into the composition of the product; (e) feed materials from products in conversion to organic farming do not enter simultaneously with the same feed materials produced by conventional means into the composition of the product. 2. Without prejudice to Articles 4 and 5, the reference to the organic production method referred to in paragraph 1 shall be made solely by the following indication: (a) "organically-produced", where at least 95 % of the product's dry matter is comprised of organically-produced feed material(s); (b) "may be used in organic production in accordance with Regulation (EEC) No 2092/91" in the case of products comprising variable quantities of feed materials from the organic production method and/or feed materials from products in conversion to organic farming and/or conventional materials. Article 4 1. The indication referred to in Article 3(2): (a) must be separate from the wording referred to in Article 5 of Directive 79/373/EEC or in Article 5(1) of Directive 96/25/EC; (b) must not be presented in a colour, format or character font that draws more attention to it than to the description or name of the animal feedingstuff referred to in Article 5(1)(a) of Directive 79/373/EEC or Article 5(1)(b) of Directive 96/25/EC respectively; (c) must be accompanied, in the same field of vision, by an indication by weight of dry matter referring: (i) to the percentage of feed material(s) from the organic production method, (ii) to the percentage of feed material(s) from products in conversion to organic farming, (iii) to the total percentage of animal feed of agricultural origin, (d) must be accompanied by the name and/or the code number of the inspection body or authority to which the operator who carried out the final preparation is subject; (e) must be accompanied by a list of names of feed materials from the organic production method; (f) must be accompanied by a list of names of feed materials from products in conversion to organic farming. 2. The indication referred to in Article 3(2) may be also accompanied by a reference to the requirement to use the feedingstuffs in accordance with the rules laid down in Part B of Annex I to Regulation (EEC) No 2092/91 on the composition of daily rations. 3. Member States shall decide on the name and/or code number for the inspection body or authority referred to in paragraph 1(d) and shall notify the Commission accordingly. Article 5 The trade marks and sales descriptions bearing an indication referred to in Article 2 of Regulation (EEC) No 2092/91 may be used only if at least 95 % of the product's dry matter is comprised of feed material from the organic production method. Article 6 Notwithstanding Articles 3, 4 and 5, the trade marks bearing an indication referred to in Article 2 of Regulation (EEC) No 2092/91 may still be used until 1 July 2006 in the labelling and advertising of the products referred to in Article 1 which do not comply with this Regulation if the following conditions are met. (a) registration of the trade mark was applied for before 24 August 1999 and the trade mark is in conformity with Council Directive 89/104/EEC(8); and (b) the trade mark is already reproduced with a clear, prominent, and easily readable indication that the products are not produced according to the organic production method as laid down in Regulation (EEC) No 2092/91. Article 7 Part B of Annex I and Annex III to Regulation (EEC) No 2092/91 are amended in accordance with the Annex hereto. Article 8 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. It shall apply from 6 August 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 February 2003.

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COMMISSION REGULATION (EEC) No 2338/91 of 1 August 1991 re-establishing the levying of customs duties on products falling within CN code 9105, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), as amended by Regulation (EEC) No 3835/90 (2), and in particular Article 9 thereof, Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I within the framework of the preferential tariff ceilings fixed in column 6 of Annex I; Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established; Whereas, in the case of products falling within CN code 9105, originating in China, the individual ceiling was fixed at ECU 5 182 000; whereas, on 23 April 1991, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against China, HAS ADOPTED THIS REGULATION: Article 1 As from 5 August 1991, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products originating in China: Order No CN code Description 10.1180 9105 Other clocks Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 August 1991.

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COMMISSION REGULATION (EEC) No 2969/93 of 28 October 1993 re-establishing the levying of customs duties on products of category 5 (order No 40.0050), originating in Brazil, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 12 thereof, Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1993 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level; Whereas, in respect of products of category 5 (order No 40.0050), originating in Brazil, the relevant ceiling amounts to 1 510 000 pieces; Whereas on 20 August 1993 imports of the products in question into the Community, originating in Brazil, countries covered by preferential tariff arrangements, reached and were charged against that ceiling; Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Brazil, HAS ADOPTED THIS REGULATION: Article 1 As from 1 November 1993 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Brazil: 40.0050 5 (1 000 pieces) 6101 10 90 6101 20 90 6101 30 90 6102 10 90 6102 20 90 6102 30 90 6110 10 10 6110 10 31 6110 10 35 6110 10 38 6110 10 91 6110 10 95 6110 10 98 6110 20 91 6110 20 99 6110 30 91 6110 30 99 Jerseys, pullovers, slipovers, waistcoats, twinsets, cardigans, bed jackets and jumpers (other than jackets and blazers), anoraks, windcheaters, waister jackets and the like, knitted or crocheted Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 October 1993.

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COMMISSION REGULATION (EC) No 284/2008 of 27 March 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Lingot du Nord (PGI), Cipolla Rossa di Tropea Calabria (PGI), Marrone di Roccadaspide (PGI)) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof, Whereas: (1) In accordance with the first subparagraph of Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Lingot du Nord’ and Italy’s applications to register the names ‘Cipolla Rossa di Tropea Calabria’ and ‘Marrone di Roccadaspide’ were published in the Official Journal of the European Union (2). (2) As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, these names should be entered in the Register, HAS ADOPTED THIS REGULATION: Article 1 The names in the Annex to this Regulation are hereby entered in the Register of protected designations of origin and protected geographical indications. Article 2 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 March 2008.

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DIRECTIVE 2006/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 8 December 2005, Whereas: (1) The Communication of the Commission entitled ‘Safe operation of mining activities: a follow-up to recent mining accidents’ sets out as one of its priority actions an initiative to regulate the management of waste from the extractive industries. This action is designed to complement initiatives pursuant to Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (4) as well as the production of a best available technique document covering the management of waste rock and tailings from mining activities under the auspices of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5). (2) In its Resolution (6) of 5 July 2001 concerning that Communication, the European Parliament strongly supported the need for a Directive on waste from the extractive industries. (3) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (7) sets as the objective for wastes that are still generated that the level of their hazardousness should be reduced and that they should present as little risk as possible, that preference should be given to recovery and especially to recycling, that the quantity of waste for disposal should be minimised and should be safely disposed of, and that waste intended for disposal should be treated as closely as possible to the place of its generation to the extent that this does not lead to a decrease in the efficiency of waste treatment operations. Decision No 1600/2002/EC also prescribes as a priority action, with reference to accidents and disasters, the development of measures to help prevent major accident hazards, with special regard to those arising from mining, and the development of measures on mining waste. Decision No 1600/2002/EC also sets as a priority action the promotion of sustainable management of extractive industries with a view to reducing their environmental impact. (4) In accordance with the objectives of Community policy on the environment, it is necessary to lay down minimum requirements in order to prevent or reduce as far as possible any adverse effects on the environment or on human health which are brought about as a result of the management of waste from the extractive industries, such as tailings (i.e. the waste solids or slurries that remain after the treatment of minerals by a number of techniques), waste rock and overburden (i.e. the material that extractive operations move during the process of accessing an ore or mineral body, including during the pre-production development stage), and topsoil (i.e. the upper layer of the ground) provided that they constitute waste as defined in Council Directive 75/442/EEC of 15 July 1975 on waste (8). (5) In accordance with paragraph 24 of the Johannesburg Plan of Implementation on Sustainable Development adopted within the framework of the United Nations at the 2002 World Summit on Sustainable Development, it is necessary to protect the natural resource base of economic and social development and reverse the current trend in natural resource degradation by managing the natural resource base in a sustainable and integrated manner. (6) Accordingly, this Directive should cover the management of waste from land-based extractive industries, that is to say, the waste arising from the prospecting, extraction (including the pre-production development stage), treatment and storage of mineral resources and from the working of quarries. However, such management should reflect the principles and priorities identified in Directive 75/442/EEC, which, in accordance with Article 2(1)(b)(ii) thereof, continues to apply to any aspects of the management of waste from the extractive industries which are not covered by this Directive. (7) In order to avoid duplication and disproportionate administrative requirements, the scope of this Directive should be limited to those particular operations considered to be a priority for the purposes of meeting its objectives. (8) Accordingly, the provisions of this Directive should not apply to those waste streams which, albeit generated in the course of mineral extraction or treatment operations, are not directly linked to the extraction or treatment process, e.g. food waste, waste oil, end-of-life vehicles, spent batteries and accumulators. The management of such waste should be subject to the provisions of Directive 75/442/EEC or of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (9) or any other relevant Community legislation, as is the case for waste generated at a prospecting, extraction or treatment site and transported to a location that is not a waste facility according to this Directive. (9) Nor should this Directive apply to waste resulting from the offshore prospecting, extraction and treatment of mineral resources or to the injection of water and re-injection of pumped groundwater, while inert waste, non-hazardous prospecting waste, unpolluted soil and waste resulting from the extraction, treatment and storage of peat should be covered only by a limited set of requirements due to their lower environmental risks. For non-hazardous non-inert waste, Member States may reduce or waive certain requirements. However, these exemptions should not apply to Category A waste facilities. (10) Moreover, while covering the management of waste from the extractive industries which may be radioactive, this Directive should not cover such aspects as are specific to radioactivity, which are a matter dealt with under the Treaty establishing the European Atomic Energy Community (Euratom). (11) In order to remain true to the principles and priorities identified in Directive 75/442/EEC and, in particular, Articles 3 and 4 thereof, Member States should ensure that operators engaged in the extractive industry take all necessary measures to prevent or reduce as far as possible any negative effects, actual or potential, on the environment or on human health which are brought about as a result of the management of waste from the extractive industries. (12) These measures should be based, inter alia, on the concept of best available techniques as defined in Directive 96/61/EC and, when such techniques are applied, it is for the Member States to determine how the technical characteristics of the waste facility, its geographical location and local environmental conditions can, where appropriate, be taken into consideration. (13) Member States should ensure that operators in the extractive industry draw up appropriate waste management plans for the prevention or minimisation, treatment, recovery and disposal of extractive waste. Such plans should be structured in such a way as to ensure appropriate planning of waste management options with a view to minimising waste generation and its harmfulness, and encouraging waste recovery. Moreover, waste from the extractive industries should be characterised with respect to its composition in order to ensure that, as far as possible, such waste reacts only in predictable ways. (14) In order to minimise the risk of accidents and to guarantee a high level of protection for the environment and human health, Member States should ensure that each operator of a Category A waste facility adopts and applies a major-accident prevention policy for waste. In terms of preventive measures, this should entail the delivery of a safety management system, emergency plans to be used in the event of accidents and the dissemination of safety information to persons likely to be affected by a major accident. In the event of an accident, operators should be required to provide the competent authorities with all the relevant information necessary to mitigate actual or potential environmental damage. These particular requirements should not apply to those waste facilities from the extractive industries falling within the scope of Directive 96/82/EC. (15) A waste facility should not be classified in Category A solely on the basis of risks to the safety and health protection of workers in the extractive industries covered by other Community legislation, in particular Directives 92/91/EEC (10) and 92/104/EEC (11). (16) Because of the special nature of the management of waste from the extractive industries, it is necessary to introduce specific application and permit procedures in respect of waste facilities used to receive such waste. In addition, Member States should take the necessary measures to ensure that the competent authorities periodically reconsider and, where necessary, update permit conditions. (17) Member States should be required to ensure that, in accordance with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the public are informed of the application for a waste management permit and the public concerned are consulted prior to the granting of a waste management permit. (18) It is necessary to indicate clearly the requirements with which waste facilities servicing the extractive industries should comply as regards location, management, control, closure and preventive and protective measures to be taken against any threat to the environment in the short and long-term perspectives, and more especially against the pollution of groundwater by leachate infiltration into the soil. (19) It is necessary to define clearly Category A waste facilities used to service waste from the extractive industries, taking into account the likely effects of any pollution resulting from the operation of such a facility or from an accident in which waste escapes from such a facility. (20) Waste placed back into the excavation voids either for their rehabilitation or for construction purposes related to the mineral extraction process, such as the building or maintenance within voids of means of access for machinery, haulage ramps, bulkheads, safety barricades or berms, needs also to be subject to certain requirements in order to protect surface water and/or groundwater, secure the stability of such waste, and ensure appropriate monitoring upon cessation of such activities. Accordingly, such waste should not be subject to the requirements of this Directive which relate exclusively to ‘waste facilities’, except for the requirements mentioned in the specific provision on excavation voids. (21) With a view to ensuring the proper construction and maintenance of waste facilities servicing waste from the extractive industries, Member States should take appropriate measures to ensure that the design, location and management of such facilities is carried out by technically competent persons. It is necessary to ensure that the training and knowledge acquired by operators and staff afford them the necessary skills. In addition, competent authorities should satisfy themselves that operators ensure suitable arrangements with respect to the construction and maintenance of a new waste facility or to any extension or modification of an existing waste facility, including in the after-closure phase. (22) It is necessary to establish monitoring procedures during the operation and after-closure of waste facilities. An after-closure period for monitoring and control of Category A waste facilities should be laid down proportionate to the risk posed by the individual waste facility, in a way similar to that required by Directive 1999/31/EC. (23) It is necessary to define when and how a waste facility servicing the extractive industries should be closed and to set out the obligations and responsibilities to be met by the operator during the after-closure period. (24) Member States should require operators of the extractive industries to apply monitoring and management controls in order to prevent water and soil pollution and to identify any adverse effect that their waste facilities may have on the environment or on human health. In addition, for the purposes of minimising water pollution, the discharge of waste into any receiving body of water should comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (12). Furthermore, concentrations in tailings ponds of cyanide and cyanide compounds from certain extractive industries should, in view of their harmful and toxic effects, be reduced to the lowest possible levels, using best available techniques. Maximum concentration thresholds should be set accordingly and, in any case, in line with the specific requirements of this Directive to prevent such effects. (25) The operator of a waste facility servicing the extractive industries should be required to lodge a financial guarantee or equivalent in accordance with procedures to be decided by the Member States ensuring that all the obligations flowing from the permit will be fulfilled, including those relating to the closure and after-closure of the waste facility. The financial guarantee should be sufficient to cover the cost of rehabilitation of the land affected by the waste facility, which includes the waste facility itself, as described in the waste management plan prepared pursuant to Article 5 and required by the Article 7 permit, by a suitably qualified and independent third party. It is also necessary for such a guarantee to be provided prior to the commencement of deposition operations in the waste facility and to be periodically adjusted. In addition, in accordance with the polluter pays principle and with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (13), it is important to clarify that an operator of a waste facility servicing the extractive industries is subject to appropriate liability in respect of environmental damage caused by its operations or the imminent threat of such damage. (26) In the case of the operation of waste facilities servicing the extractive industries that are likely to have significant adverse transboundary effects on the environment and any resultant risks to human health, in the territory of another Member State, there should be a common procedure in place to facilitate consultation among neighbouring countries. This should be done with a view to ensuring that there is an adequate exchange of information between authorities and that the public are duly informed of any such waste facilities that could have adverse effects for the environment of that other Member State. (27) It is necessary for Member States to ensure that competent authorities organise an effective system of inspections or equivalent control measures in respect of waste facilities servicing the extractive industries. Without prejudice to the obligations of the operator under the permit, prior to the commencement of deposition operations there should be an inspection to check that the permit conditions have been complied with. In addition, Member States should ensure that operators and their successors maintain up-to-date records relating to such waste facilities and that operators transfer to their successors information concerning the state of the waste facility and its operations. (28) Member States should send regular reports to the Commission on the implementation of this Directive, including information on accidents or near-accidents. On the basis of those reports, the Commission should report to the European Parliament and the Council. (29) Member States should lay down rules on penalties for infringement of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. (30) It is necessary for Member States to ensure that an inventory of closed, including abandoned, waste facilities located on their territory is drawn up in order to identify those which cause serious negative environmental impacts or have the potential of becoming in the medium or short term a serious threat to human health or the environment. These inventories should provide a basis for an appropriate programme of measures. (31) The Commission should ensure an appropriate exchange of scientific and technical information on how to carry out an inventory of closed waste facilities at Member State level and on the development of methodologies to assist Member States in complying with this Directive when rehabilitating closed waste facilities. Moreover, an exchange of information should be ensured within and between Member States on the best available techniques. (32) With a view to the consistent application of Article 6 of the Treaty, environmental protection requirements must be integrated into the implementation of Community policies and activities with a view to promoting sustainable development. (33) This Directive could be a useful instrument to be taken into account when verifying that projects receiving Community funding in the context of development aid include the necessary measures to prevent or reduce as far as possible negative effects on the environment. Such an approach is consistent with Article 6 of the Treaty, particularly with regard to integrating environmental protection requirements into the Community's policy in the sphere of development cooperation. (34) The objective of this Directive, that is to say, improving the management of waste from the extractive industries, cannot be sufficiently achieved by the Member States acting alone because the mismanagement of such waste may cause pollution of a transboundary nature. Under the polluter pays principle it is necessary, inter alia, to take into account any damage to the environment caused by waste from the extractive industries, and different national applications of that principle may lead to substantial disparities in the financial burden on economic operators. Moreover, the existence of different national policies on the management of waste from the extractive industries hampers the aim of ensuring a minimum level of safe and responsible management of such waste and maximising its recovery throughout the Community. Therefore, since by reason of the scale and effects of this Directive, its objective can 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 this objective. (35) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (14). (36) The operation of waste facilities existing at the moment of transposition of this Directive should be regulated in order to take the necessary measures, within a specified period of time, for their adaptation to the requirements of this Directive. (37) In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (15), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter This Directive provides for measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment, in particular water, air, soil, fauna and flora and landscape, and any resultant risks to human health, brought about as a result of the management of waste from the extractive industries. Article 2 Scope 1. Subject to paragraphs 2 and 3, this Directive covers the management of waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries, hereinafter ‘extractive waste’. 2. The following shall be excluded from the scope of this Directive: (a) waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations; (b) waste resulting from the offshore prospecting, extraction and treatment of mineral resources; (c) injection of water and re-injection of pumped groundwater as defined in the first and second indents of Article 11(3)(j) of Directive 2000/60/EC, to the extent authorised by that Article. 3. Inert waste and unpolluted soil resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries and waste resulting from the extraction, treatment and storage of peat shall not be subject to Articles 7, 8, 11(1) and (3), 12, 13(6), 14 and 16, unless deposited in a Category A waste facility. The competent authority may reduce or waive the requirements for the deposit of non-hazardous waste generated from the prospecting of mineral resources, except oil and evaporites other than gypsum and anhydrite, as well as for the deposit of unpolluted soil and of waste resulting from the extraction, treatment and storage of peat as long as it is satisfied that the requirements of Article 4 are met. Member States may reduce or waive the requirements of Articles 11(3), 12(5) and (6), 13(6), 14 and 16 for non-hazardous non-inert waste, unless deposited in a Category A waste facility. 4. Without prejudice to other Community legislation, waste which falls within the scope of this Directive shall not be subject to Directive 1999/31/EC. Article 3 Definitions For the purposes of this Directive: (1) ‘waste’ is as defined in Article 1(a) of Directive 75/442/EEC; (2) ‘hazardous waste’ is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (16); (3) ‘inert waste’ means waste that does not undergo any significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/or groundwater; (4) ‘unpolluted soil’ means soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under the national law of the Member State where the site is located or under Community law; (5) ‘mineral resource’ or ‘mineral’ means a naturally occurring deposit in the earth's crust of an organic or inorganic substance, such as energy fuels, metal ores, industrial minerals and construction minerals, but excluding water; (6) ‘extractive industries’ means all establishments and undertakings engaged in surface or underground extraction of mineral resources for commercial purposes, including extraction by drilling boreholes, or treatment of the extracted material; (7) ‘off-shore’ means that area of the sea and seabed extending from the low water mark of ordinary or medium tides outwards; (8) ‘treatment’ means the mechanical, physical , biological, thermal or chemical process or combination of processes carried out on mineral resources, including from the working of quarries, with a view to extracting the mineral, including size change, classification, separation and leaching, and the re-processing of previously discarded waste, but excluding smelting, thermal manufacturing processes (other than the burning of limestone) and metallurgical processes; (9) ‘tailings’ means the waste solids or slurries that remain after the treatment of minerals by separation processes (e.g. crushing, grinding, size-sorting, flotation and other physico-chemical techniques) to remove the valuable minerals from the less valuable rock; (10) ‘heap’ means an engineered facility for the deposit of solid waste on the surface; (11) ‘dam’ means an engineered structure designed to retain or confine water and/or waste within a pond; (12) ‘pond’ means a natural or engineered facility for disposing of fine-grained waste, normally tailings, along with varying amounts of free water, resulting from the treatment of mineral resources and from the clearing and recycling of process water; (13) ‘weak acid dissociable cyanide’ means cyanide and cyanide compounds that are dissociated with a weak acid at a defined pH; (14) ‘leachate’ means any liquid percolating through the deposited waste and emitted from or contained within a waste facility, including polluted drainage, which may adversely affect the environment if not appropriately treated; (15) ‘waste facility’ means any area designated for the accumulation or deposit of extractive waste, whether in a solid or liquid state or in solution or suspension, for the following time-periods: - no time-period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan; - a period of more than six months for facilities for hazardous waste generated unexpectedly; - a period of more than one year for facilities for non-hazardous non-inert waste; - a period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment and storage of peat and inert waste. Such facilities are deemed to include any dam or other structure serving to contain, retain, confine or otherwise support such a facility, and also to include, but not be limited to, heaps and ponds, but excluding excavation voids into which waste is replaced, after extraction of the mineral, for rehabilitation and construction purposes; (16) ‘major accident’ means an occurrence on site in the course of an operation involving the management of extractive waste in any establishment covered by this Directive, leading to a serious danger to human health and/or the environment, whether immediately or over time, on-site or off-site; (17) ‘dangerous substance’ means a substance, mixture or preparation which is dangerous within the meaning of Directive 67/548/EEC (17) or Directive 1999/45/EC (18); (18) ‘best available techniques’ is as defined in Article 2(11) of Directive 96/61/EC; (19) ‘receiving body of water’ means surface waters, groundwater, transitional waters and coastal water as defined in Article 2(1), (2), (6) and (7) of Directive 2000/60/EC, respectively; (20) ‘rehabilitation’ means the treatment of the land affected by a waste facility in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wild life, natural habitats, freshwater systems, landscape and appropriate beneficial uses; (21) ‘prospecting’ means the search for mineral deposits of economic value, including sampling, bulk sampling, drilling and trenching, but excluding any works required for the development of such deposits, and any activities directly associated with an existing extractive operation; (22) ‘the public’ means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups; (23) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the environmental decision-making under Articles 6 and 7 of this Directive; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirement under national law shall be deemed to have such an interest; (24) ‘operator’ means the natural or legal person responsible for the management of extractive waste, in accordance with the national law of the Member State in which waste management takes place, including in respect of temporary storage of extractive waste as well as the operational and the after-closure phases; (25) ‘waste holder’ means the producer of the extractive waste or the natural or legal person who is in possession of it; (26) ‘competent person’ means a natural person who has the technical knowledge and experience, as defined by the national law of the Member State in which the person operates, to perform the duties arising from this Directive; (27) ‘competent authority’ means the authority or authorities which a Member State designates as responsible for performing the duties arising from this Directive; (28) ‘site’ means all land at a distinct geographic location under the management control of an operator; (29) ‘substantial change’ means a change in the structure or operation of a waste facility that, in the opinion of the competent authority, may have significant negative effects on human health or the environment. Article 4 General requirements 1. Member States shall take the necessary measures to ensure that extractive waste is managed without endangering human health and without using processes or methods which could harm the environment, and in particular without risk to water, air, soil and fauna and flora, without causing a nuisance through noise or odours and without adversely affecting the landscape or places of special interest. Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled depositing of extractive waste. 2. Member States shall ensure that the operator takes all measures necessary to prevent or reduce as far as possible any adverse effects on the environment and human health brought about as a result of the management of extractive waste. This includes the management of any waste facility, also after its closure, and the prevention of major accidents involving that facility and the limiting of their consequences for the environment and human health. 3. The measures referred to in paragraph 2 shall be based, inter alia, on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the waste facility, its geographical location and the local environmental conditions. Article 5 Waste management plan 1. Member States shall ensure that the operator draws up a waste management plan for the minimisation, treatment, recovery and disposal of extractive waste, taking account of the principle of sustainable development. 2. The objectives of the waste management plan shall be: (a) to prevent or reduce waste production and its harmfulness, in particular by considering: (i) waste management in the design phase and in the choice of the method used for mineral extraction and treatment; (ii) the changes that the extractive waste may undergo in relation to an increase in surface area and exposure to conditions above ground; (iii) placing extractive waste back into the excavation void after extraction of the mineral, as far as is technically and economically feasible and environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant; (iv) putting topsoil back in place after the closure of the waste facility or, if this is not practically feasible, reusing topsoil elsewhere; (v) using less dangerous substances for the treatment of mineral resources; (b) to encourage the recovery of extractive waste by means of recycling, reusing or reclaiming such waste, where this is environmentally sound in accordance with existing environmental standards at Community level and with the requirements of this Directive where relevant; (c) to ensure short and long-term safe disposal of the extractive waste, in particular by considering, during the design phase, management during the operation and after-closure of a waste facility and by choosing a design which: (i) requires minimal and, if possible, ultimately no monitoring, control and management of the closed waste facility; (ii) prevents or at least minimises any long-term negative effects, for example attributable to migration of airborne or aquatic pollutants from the waste facility; and (iii) ensures the long-term geotechnical stability of any dams or heaps rising above the pre-existing ground surface. 3. The waste management plan shall contain at least the following elements: (a) where applicable, the proposed classification for the waste facility in accordance with the criteria laid down in Annex III: - where a Category A waste facility is required, a document demonstrating that a major-accident prevention policy, a safety management system for implementing it and an internal emergency plan will be put into effect in accordance with Article 6(3); - when the operator considers that a Category A waste facility is not required, sufficient information justifying this, including an identification of possible accident hazards; (b) waste characterisation in accordance with Annex II and a statement of the estimated total quantities of extractive waste to be produced during the operational phase; (c) a description of the operation generating such waste and of any subsequent treatment to which it is subject; (d) a description of how the environment and human health may be adversely affected by the deposit of such waste and the preventive measures to be taken in order to minimise environmental impact during operation and after closure, including the aspects referred to in Article 11(2) (a), (b), (d) and (e); (e) the proposed control and monitoring procedures pursuant to Articles 10, when applicable, and 11(2)(c); (f) the proposed plan for closure, including rehabilitation, after-closure procedures and monitoring as provided for in Article 12; (g) measures for the prevention of water status deterioration in accordance with Directive 2000/60/EC and for the prevention or minimisation of air and soil pollution pursuant to Article 13; (h) a survey of the condition of the land to be affected by the waste facility. The waste management plan shall provide sufficient information to enable the competent authority to evaluate the operator's ability to meet the objectives of the waste management plan as set out in paragraph 2 and his obligations under this Directive. The plan shall explain, in particular, how the option and method chosen as mentioned in paragraph 2(a)(i) will fulfil the objectives of the waste management plan as laid down in paragraph 2(a). 4. The waste management plan shall be reviewed every five years and/or amended, as appropriate, in the event of substantial changes to the operation of the waste facility or to the waste deposited. Any amendments shall be notified to the competent authority. 5. Plans produced pursuant to other national or Community legislation and containing the information specified in paragraph 3 may be used where this obviates the unnecessary duplication of information and the repetition of work by the operator, on condition that all requirements under paragraphs 1 to 4 are met. 6. The competent authority shall approve the waste management plan on the basis of procedures to be decided by the Member States and shall monitor its implementation. Article 6 Major-accident prevention and information 1. This Article shall apply to Category A waste facilities, save for those waste facilities falling within the scope of Directive 96/82/EC. 2. Without prejudice to other Community legislation, and in particular Directives 92/91/EEC and 92/104/EEC, Member States shall ensure that major-accident hazards are identified and that the necessary features are incorporated into the design, construction, operation and maintenance, closure and after-closure of the waste facility in order to prevent such accidents and to limit their adverse consequences for human health and/or the environment, including any transboundary impacts. 3. For the purposes of the requirements under paragraph 2, each operator shall, before the start of operations, draw up a major-accident prevention policy for the management of extractive waste and put into effect a safety management system implementing it, in accordance with the elements set out in Section 1 of Annex I, and shall also put into effect an internal emergency plan specifying the measures to be taken on site in the event of an accident. As part of that policy, the operator shall appoint a safety manager responsible for the implementation and periodic supervision of the major-accident prevention policy. The competent authority shall draw up an external emergency plan specifying the measures to be taken off-site in the event of an accident. As part of the application for a permit the operator shall provide the competent authority with the information necessary to enable the latter to draw up that plan. 4. The emergency plans referred to in paragraph 3 shall have the following objectives: (a) to contain and control major accidents and other incidents so as to minimise their effects, and in particular to limit damage to human health and the environment; (b) to implement the measures necessary to protect human health and the environment from the effects of major accidents and other incidents; (c) to communicate the necessary information to the public and to the relevant services or authorities in the area; (d) to provide for the rehabilitation, restoration and clean-up of the environment following a major accident. Member States shall ensure that, in the event of a major accident, the operator immediately provides the competent authority with all the information required to help minimise its consequences for human health and to assess and minimise the extent, actual or potential, of the environmental damage. 5. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the preparation or review of the external emergency plan to be drawn up in accordance with paragraph 3. To that end, the public concerned shall be informed about any such proposal and relevant information shall be made available, including, inter alia, information about the right to participate in the decision-making process and about the competent authority to which comments and questions may be submitted. Member States shall ensure that the public concerned is entitled to express comments within reasonable time frames and that, in the decision on the external emergency plan, due account is taken of these comments. 6. Member States shall ensure that information on safety measures and on the action required in the event of an accident, containing at least the elements listed in Section 2 of Annex I, is provided, free of charge and as a matter of course, to the public concerned. That information shall be reviewed every three years and, where necessary, updated. Article 7 Application and permit 1. No waste facility shall be allowed to operate without a permit granted by the competent authority. The permit shall contain the elements specified in paragraph 2 of this Article and shall clearly indicate the category of the waste facility in accordance with the criteria referred to in Article 9. Subject to compliance with all requirements under this Article, any permit produced pursuant to other national or Community legislation may be combined to form a single permit, where such a format obviates the unnecessary duplication of information and the repetition of work by the operator or competent authority. The details specified in paragraph 2 can be covered by one single permit or several permits, provided that all requirements under this Article are complied with. 2. The application for a permit shall contain at least the following details: (a) the identity of the operator; (b) the proposed location of the waste facility, including any possible alternative locations; (c) the waste management plan pursuant to Article 5; (d) adequate arrangements by way of a financial guarantee or equivalent, as required under Article 14; (e) the information provided by the operator in accordance with Article 5 of Directive 85/337/EEC (19) if an environmental impact assessment is required under that Directive. 3. The competent authority shall only grant a permit if it is satisfied that: (a) the operator complies with the relevant requirements under this Directive; (b) the management of waste does not conflict directly or otherwise interfere with the implementation of the relevant waste management plan or plans referred to in Article 7 of Directive 75/442/EEC. 4. Member States shall take the necessary measures to ensure that competent authorities periodically reconsider and, where necessary, update permit conditions: - where there are substantial changes in the operation of the waste facility or the waste deposited; - on the basis of monitoring results reported by the operator pursuant to Article 11(3) or inspections carried out pursuant to Article 17; - in the light of information exchange on substantial changes in best available techniques under Article 21(3). 5. The information contained in a permit granted under this Article shall be made available to the competent national and Community statistical authorities where requested for statistical purposes. Sensitive information of a purely commercial nature, such as information concerning business relations and cost components and the volume of economic mineral reserves, shall not be made public. Article 8 Public participation 1. The public shall be informed, by public notices or other appropriate means, such as electronic media where available, of the following matters early in the procedure for granting a permit or, at the latest, as soon as the information can reasonably be provided: (a) the application for a permit; (b) where applicable, the fact that a decision concerning an application for a permit is subject to consultation between the Member States in accordance with Article 16; (c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; (d) the nature of possible decisions; (e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions; (f) an indication of the times and places where, or the means by which, the relevant information will be made available; (g) details of the arrangements for public participation made pursuant to paragraph 7. 2. Member States shall ensure that, within appropriate time frames, the following are made available to the public concerned: (a) in accordance with national legislation, the main reports and advice transmitted to the competent authority at the time when the public were informed in accordance with paragraph 1; (b) in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (20), any information in addition to that referred to in paragraph 1 of this Article which is relevant for the decision in accordance with Article 7 of this Directive and which only becomes available after the time the public have been informed in accordance with paragraph 1 of this Article. 3. Member States shall take appropriate measures to ensure that the public are informed, in accordance with paragraph 1 of this Article, of an update of permit conditions in accordance with Article 7(4). 4. The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken. 5. The results of the consultations held pursuant to this Article shall be duly taken into account in the taking of a decision. 6. When a decision has been taken the competent authority shall, in accordance with the appropriate procedures, inform the public concerned and shall make the following information available to the public concerned: (a) the content of the decision, including a copy of the permit; (b) the reasons and considerations on which the decision is based. 7. The detailed arrangements for public participation under this Article shall be determined by the Member States so as to enable the public concerned to prepare and participate effectively. Article 9 Classification system for waste facilities For the purposes of this Directive, the competent authorities shall classify a waste facility as Category A in accordance with the criteria set out in Annex III. Article 10 Excavation voids 1. Member States shall ensure that the operator, when placing extractive waste back into the excavation voids for rehabilitation and construction purposes, whether created through surface or underground extraction, takes appropriate measures in order to: (1) secure the stability of the extractive waste in accordance, mutatis mutandis, with Article 11(2); (2) prevent the pollution of soil, surface water and groundwater in accordance, mutatis mutandis, with Article 13(1), (3) and (5); (3) ensure the monitoring of the extractive waste and the excavation void in accordance, mutatis mutandis, with Article 12(4) and (5). 2. Directive 1999/31/EC shall continue to apply to the waste other than extractive waste used for filling in excavation voids as appropriate. Article 11 Construction and management of waste facilities 1. Member States shall take appropriate measures to ensure that the management of a waste facility is in the hands of a competent person and that technical development and training of staff are provided. 2. The competent authority shall satisfy itself that, in constructing a new waste facility or modifying an existing waste facility, the operator ensures that: (a) the waste facility is suitably located, taking into account in particular Community or national obligations relating to protected areas, and geological, hydrological, hydrogeological, seismic and geotechnical factors, and is designed so as to meet the necessary conditions for, in the short and long-term perspectives, preventing pollution of the soil, air, groundwater or surface water, taking into account especially Directives 76/464/EEC (21), 80/68/EEC (22) and 2000/60/EC, and ensuring efficient collection of contaminated water and leachate as and when required under the permit, and reducing erosion caused by water or wind as far as it is technically possible and economically viable; (b) the waste facility is suitably constructed, managed and maintained to ensure its physical stability and to prevent pollution or contamination of soil, air, surface water or groundwater in the short and long-term perspectives as well as to minimise as far as possible damage to landscape; (c) there are suitable plans and arrangements for regular monitoring and inspection of the waste facility by competent persons and for taking action in the event of results indicating instability or water or soil contamination; (d) suitable arrangements are made for the rehabilitation of the land and the closure of the waste facility; (e) suitable arrangements are made for the after-closure phase of the waste facility. Records of the monitoring and inspections referred to in point (c) shall be kept, together with permit documentation, in order to ensure the appropriate hand-over of information, particularly in the event of a change of operator. 3. The operator shall, without undue delay and in any event not later than 48 hours thereafter, notify the competent authority of any events likely to affect the stability of the waste facility and any significant adverse environmental effects revealed by the control and monitoring procedures of the waste facility. The operator shall implement the internal emergency plan, where applicable, and follow any other instruction from the competent authority as to the corrective measures to be taken. The operator shall bear the costs of the measures to be undertaken. At a frequency to be determined by the competent authority, and in any event at least once a year, the operator shall report, on the basis of aggregated data, all monitoring results to the competent authorities for the purposes of demonstrating compliance with permit conditions and increasing knowledge of waste and waste facility behaviour. On the basis of this report the competent authority may decide that validation by an independent expert is necessary. Article 12 Closure and after-closure procedures for waste facilities 1. Member States shall take measures to ensure compliance with paragraphs 2 to 5. 2. A waste facility shall only start the closure procedure if one of the following conditions is satisfied: (a) the relevant conditions stated in the permit are met; (b) authorisation is granted by the competent authority, at the request of the operator; (c) the competent authority issues a reasoned decision to that effect. 3. A waste facility may be considered as finally closed only after the competent authority has, without undue delay, carried out a final on-site inspection, assessed all the reports submitted by the operator, certified that the land affected by a waste facility has been rehabilitated and communicated to the operator its approval of the closure. That approval shall not in any way reduce the operator's obligations under the conditions of the permit or otherwise in law. 4. The operator shall be responsible for the maintenance, monitoring, control and corrective measures in the after-closure phase for as long as may be required by the competent authority, taking into account the nature and duration of the hazard, save where the competent authority decides to take over such tasks from the operator, after a waste facility has been finally closed and without prejudice to any national or Community legislation governing the liability of the waste holder. 5. When considered necessary by the competent authority, in order to fulfil relevant environmental requirements set out in Community legislation, in particular those in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC, following closure of a waste facility, the operator shall, inter alia, control the physical and chemical stability of the facility and minimise any negative environmental effect, in particular with respect to surface and groundwater, by ensuring that: (a) all the structures pertaining to the facility are monitored and conserved, with control and measuring apparatus always ready for use; (b) where applicable, overflow channels and spillways are kept clean and free. 6. Following closure of a waste facility, the operator shall, without delay, notify the competent authority of any events or developments likely to affect the stability of the waste facility, and any significant adverse environmental effects revealed by the relevant control and monitoring procedures. The operator shall implement the internal emergency plan, where applicable, and follow any other instruction from the competent authority as to the corrective measures to be taken. The operator shall bear the costs of the measures to be undertaken. In cases and at a frequency to be determined by the competent authority, the operator shall report, on the basis of aggregated data, all monitoring results to the competent authorities for the purposes of demonstrating compliance with permit conditions and increasing knowledge of waste and waste facility behaviour. Article 13 Prevention of water status deterioration, air and soil pollution 1. The competent authority shall satisfy itself that the operator has taken the necessary measures in order to meet Community environmental standards, in particular to prevent, in accordance with Directive 2000/60/EC, the deterioration of current water status, inter alia, by: (a) evaluating the leachate generation potential, including contaminant content of the leachate, of the deposited waste during both the operational and after-closure phase of the waste facility, and determining the water balance of the waste facility; (b) preventing or minimising leachate generation and surface water or groundwater and soil from being contaminated by the waste; (c) collecting and treating contaminated water and leachate from the waste facility to the appropriate standard required for their discharge. 2. The competent authority shall ensure that the operator has taken adequate measures to prevent or reduce dust and gas emissions. 3. Where, on the basis of an assessment of environmental risks, taking into account, in particular, Directives 76/464/EEC, 80/68/EEC or 2000/60/EC, as applicable, the competent authority has decided that collection and treatment of leachate is not necessary or it has been established that the waste facility poses no potential hazard to soil, groundwater or surface water, the requirements set out in points (b) and (c) of paragraph 1 may be reduced or waived accordingly. 4. Member States shall make the disposal of extractive waste, whether in solid, slurry or liquid form, into any receiving body of water other than one constructed for the purpose of disposing of extractive waste conditional upon compliance by the operator with the relevant requirements of Directives 76/464/EEC, 80/68/EEC and 2000/60/EC. 5. When placing extractive waste back into excavation voids, whether created through surface or underground extraction, which will be allowed to flood after closure, the operator shall take the necessary measures to prevent or minimise water status deterioration and soil pollution in accordance, mutatis mutandis, with paragraphs (1) and (3).The operator shall provide the competent authority with the information necessary to ensure compliance with Community obligations, in particular those in Directive 2000/60/EC. 6. In the case of a pond involving the presence of cyanide, the operator shall ensure that the concentration of weak acid dissociable cyanide in the pond is reduced to the lowest possible level using best available techniques and, in any case, at waste facilities which have previously been granted a permit or have already been in operation on 1 May 2008 that the concentration of weak acid dissociable cyanide at the point of discharge of the tailings from the processing plant into the pond does not exceed 50 ppm as from 1 May 2008, 25 ppm as from 1 May 2013, 10 ppm as from 1 May 2018 and 10 ppm at waste facilities which are granted a permit after 1 May 2008. If the competent authority so requests, the operator shall demonstrate, through a risk assessment that takes site-specific conditions into account, that those concentration limits need not be further lowered. Article 14 Financial guarantee 1. The competent authority shall, prior to the commencement of any operations involving the accumulation or deposit of extractive waste in a waste facility, require a financial guarantee (e.g. in the form of a financial deposit, including industry-sponsored mutual guarantee funds) or equivalent, in accordance with procedures to be decided by the Member States, so that: (a) all obligations under the permit issued pursuant to this Directive, including after-closure provisions, are discharged; (b) there are funds readily available at any given time for the rehabilitation of the land affected by the waste facility, as described in the waste management plan prepared pursuant to Article 5 and required by the Article 7 permit. 2. The calculation of the guarantee referred to in paragraph 1 shall be made on the basis of: (a) the likely environmental impact of the waste facility, taking into account in particular the category of the waste facility, the characteristics of the waste and the future use of the rehabilitated land; (b) the assumption that independent and suitably qualified third parties will assess and perform any rehabilitation work needed. 3. The size of the guarantee shall be periodically adjusted in accordance with any rehabilitation work needed to be carried out on the land affected by the waste facility, as described in the waste management plan prepared pursuant to Article 5 and required by the Article 7 permit. 4. Where the competent authority approves closure in accordance with Article 12(3), it shall provide the operator with a written statement releasing him from the guarantee obligation referred to in paragraph 1 of this Article with the exception of after-closure obligations as referred to in Article 12(4). Article 15 Environmental liability The following point shall be added to Annex III of Directive 2004/35/EC as follows: ‘13. The management of extractive waste pursuant to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (23). Article 16 Transboundary effects 1. Where a Member State in which a waste facility is situated is aware that the operation of a Category A waste facility is likely to have significant adverse effects on the environment of, and any resultant risks to human health in, another Member State, or where a Member State likely to be thus affected so requests, the Member State in whose territory the application for a permit pursuant to Article 7 was submitted shall forward the information provided pursuant to that Article to the other Member State at the same time as it makes it available to its own nationals. Such information shall serve as a basis for any consultation necessary within the context of bilateral relations between the two Member States on a reciprocal and equivalent basis. 2. Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1 the applications are also made available for an appropriate period of time to the public concerned of the Member State likely to be affected so that they will have the right to comment on them before the competent authority reaches its decision. 3. Member States shall ensure that, in the event of an accident involving a waste facility as referred to in paragraph 1 of this Article, information provided by the operator to the competent authority pursuant to Article 6(4) is immediately forwarded to the other Member State in order to help minimise the consequences of the accident for human health and to assess and minimise the extent of the actual or potential environmental damage. Article 17 Inspections by the competent authority 1. Prior to the commencement of deposit operations and at regular intervals thereafter, including the after-closure phase, to be decided by the Member State concerned, the competent authority shall inspect any waste facility covered by Article 7 in order to ensure that it complies with the relevant conditions of the permit. An affirmative finding shall in no way reduce the responsibility of the operator under the conditions of the permit. 2. Member States shall require the operator to keep up-to-date records of all waste management operations and make them available for inspection by the competent authority and to ensure that, in the event of a change of operator during the management of a waste facility, there is an appropriate transfer of relevant up-to-date information and records relating to the waste facility. Article 18 Obligation to report 1. At intervals of three years Member States shall transmit to the Commission a report on the implementation of this Directive. The report shall be drawn up on the basis of a questionnaire or outline to be adopted by the Commission in accordance with the procedure referred to in Article 23(2). The report shall be transmitted to the Commission within nine months of the end of the three-year period covered by it. The Commission shall publish a report on the implementation of this Directive within nine months of receiving the reports from the Member States. 2. Every year Member States shall transmit to the Commission information on events notified by the operators in accordance with Articles 11(3) and 12(6). The Commission shall make this information available to the Member States upon request. Without prejudice to Community law on public access to environmental information, Member States shall in their turn make the information available to members of the public concerned on request. Article 19 Penalties The Member States shall lay down rules on penalties for infringement of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Article 20 Inventory of closed waste facilities Member States shall ensure that an inventory of closed waste facilities, including abandoned waste facilities, located on their territory which cause serious negative environmental impacts or have the potential of becoming in the medium or short term a serious threat to human health or the environment is drawn up and periodically updated. Such an inventory, to be made available to the public, shall be carried out by 1 May 2012, taking into account the methodologies as referred to in Article 21, if available. Article 21 Exchange of information 1. The Commission, assisted by the Committee referred to in Article 23, shall ensure that there is an appropriate exchange of technical and scientific information between Member States, with a view to developing methodologies relating to: (a) the implementation of Article 20; (b) the rehabilitation of those closed waste facilities identified under Article 20 in order to satisfy the requirements of Article 4. Such methodologies shall allow for the establishment of the most appropriate risk assessment procedures and remedial actions having regard to the variation of geological, hydrogeological and climatological characteristics across Europe. 2. Member States shall ensure that the competent authority follows or is informed of developments in best available techniques. 3. The Commission shall organise an exchange of information between Member States and the organisations concerned on best available techniques, associated monitoring and developments in them. The Commission shall publish the results of the exchange of information. Article 22 Implementing and amending measures 1. By 1 May 2008, the Commission shall adopt, in accordance with the procedure referred to in Article 23(2), the provisions necessary for the following, prioritising (e), (f) and (g): (a) the harmonisation and regular transmission of the information referred to in Articles 7(5) and 12(6); (b) the implementation of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method; (c) technical guidelines for the establishment of the financial guarantee in accordance with the requirements of Article 14(2); (d) technical guidelines for inspections in accordance with Article 17; (e) completion of the technical requirements for waste characterisation contained in Annex II; (f) interpretation of the definition contained in point 3 of Article 3; (g) definition of the criteria for the classification of waste facilities in accordance with Annex III; (h) determination of any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive. 2. Any subsequent amendments necessary for adapting the Annexes to scientific and technical progress shall be adopted by the Commission in accordance with the procedure referred to in Article 23(2). Those amendments shall be made with a view to achieving a high level of environmental protection. Article 23 Committee 1. The Commission shall be assisted by the Committee established by Article 18 of Directive 75/442/EEC, hereinafter ‘the Committee’. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its Rules of Procedure. Article 24 Transitional provision 1. Member States shall ensure that any waste facility which has been granted a permit or which is already in operation on 1 May 2008 complies with the provisions of this Directive by 1 May 2012, except for those set out in Article 14(1) for which compliance must be ensured by 1 May 2014 and for those set out in Article 13(6) for which compliance must be ensured in accordance with the timetable laid down therein. 2. Paragraph 1 shall not apply to waste facilities closed by 1 May 2008. 3. Member States shall ensure that, from 1 May 2006 and notwithstanding any closure of a waste facility after that date and before 1 May 2008, extractive waste is managed in a way that does not prejudice the fulfilment of Article 4(1) of this Directive, and other applicable environmental requirements set out in Community legislation, including Directive 2000/60/EC. 4. Articles 5, 6(3) to (5), 7, 8, 12(1) and (2) and 14(1) to (3) shall not apply to those waste facilities that: - stopped accepting waste before 1 May 2006, - are completing the closure procedures in accordance with the applicable Community or national legislation or programmes approved by the competent authority, and - will be effectively closed by 31 December 2010. Member States shall notify such cases to the Commission by 1 August 2008 and ensure that these facilities are managed in a way that does not prejudice the achievement of the objectives of this Directive, in particular the objectives of Article 4(1), and those of any other Community legislation, including Directive 2000/60/EC. Article 25 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 May 2008. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. Article 26 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 27 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 15 March 2006.

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COMMISSION DECISION of 26 October 2004 laying down detailed rules for the application of Council Directive 93/24/EEC as regards the statistical surveys on cattle population and production (notified under document number C(2004) 4091) (Text with EEA relevance) (2004/761/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 93/24/EEC of 1 June 1993 on the statistical surveys to be carried out on bovine animal production (1), and in particular Articles 1(2) and (3), 2(2), 3(2), 6, 8(1) and (2), 10(3) and 12(2) thereof, Whereas: (1) Commission Decision 94/433/EC of 30 May 1994 laying down detailed rules for the application of Council Directive 93/24/EEC as regards the statistical surveys on cattle population and production (2) has been amended several times. (2) Precise definitions are required in order to carry out the surveys provided for in Directive 93/24/EEC. This requires the definition of the agricultural holdings covered by the survey. The different categories for the breakdown of the survey results, and the herd size classes and the territorial subdivisions according to which the Member States draw up the survey results at regular intervals must also be precisely defined. A standard definition of carcass weight is necessary for drawing up slaughtering statistics. (3) Under Directive 93/24/EEC, the Member States may, at their request, be authorised to carry out the May/June or November/December surveys in selected regions, provided that these surveys cover at least 70 % of the bovine population. Member States whose bovine population makes up only a small percentage of the overall livestock population of the Community may also, at their request, be authorised to dispense altogether with either the May/June or the November/December survey or to use the regional breakdown for the final results of the May/June survey. Finally, the Member States may, at their request, be authorised to conduct the prescribed breakdown by herd size classes for the results of the May/June survey. (4) Applications have been made by the Member States for the various types of derogation. (5) By reason of the accession of the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, it is necessary to make certain technical adaptations and to extend certain derogations to these new Member States. (6) Regulation (EC) No 1059/2003 of the European Parliament and the Council (3) establishes a common classification of territorial units for statistics (NUTS) for the Member States; the new NUTS nomenclature must therefore replace the previously defined regional levels. (7) Decision 94/433/EC should therefore be repealed. (8) This Decision is in accordance with the opinion of the Standing Committee on Agricultural Statistics, HAS ADOPTED THIS DECISION: Article 1 1. For the purposes of Article 2(2) of Directive 93/24/EEC, ‘agricultural holding’ means any technical and economic unit under single management which produces agricultural products. 2. The survey referred to in Article 1(1) of Directive 93/24/EEC shall cover: (a) agricultural holdings with a utilised agricultural area of 1 ha or more; (b) agricultural holdings with a utilised agricultural area of less than 1 ha, if their production is to a certain extent intended for sale or if their production unit exceeds certain natural thresholds. 3. Member States wishing to apply a different survey threshold shall, however, undertake to determine that threshold in such a way that only the smallest holdings are excluded, and that together the holdings excluded account for 1 % or less of the total standard gross margin, within the meaning of Commission Decision 85/377/EEC (4), of the Member State concerned. Article 2 The definitions of the categories of bovines referred to in Articles 3(1), 10(2) and 12(2) of Directive 93/24/EEC are set out in Annex I of this Decision. Article 3 For the territorial subdivisions referred to in Article 6(1) of Directive 93/24/EEC, the Member States shall follow the level of the common classification of territorial units for statistics (NUTS) defined in Annex II of this Decision. They do not need to compile results for regions in which the bovine population is less than 1 % of the national bovine population. Article 4 The herd size classes referred to in Article 8(1) of Directive 93/24/EEC are set out in Annex III of this Decision. Article 5 The carcass weight referred to in Article 10(1) of Directive 93/24/EEC is the weight of the slaughtered animal’s cold body after being skinned, bled and eviscerated, and after removal of the external genitalia, the limbs at the carpus and tarsus, the head, the tail, the kidneys and kidney fats, and the udder. Article 6 1. The list of Member States authorised to carry out the May/June or November/December surveys in selected regions, on the understanding that these surveys cover at least 70 % of the bovine population, is set out in point (a) of Annex IV to this Decision. 2. The list of Member States authorised to carry out the November/December survey only is set out in point (b) of Annex IV to this Decision. 3. The list of Member States authorised to use the regional breakdown for the final results of the May/June survey is set out in point (c) of Annex IV to this Decision. 4. The list of Member States authorised to use the breakdown by herd size classes for the results of the May/June survey is set out in point (d) of Annex IV to this Decision. Article 7 Decision 94/433/EC is repealed. References made to the repealed Decision shall be construed to be made to the present Decision. Article 8 This Decision is addressed to the Member States. Done at Brussels, 26 October 2004.

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COUNCIL DIRECTIVE of 21 December 1989 amending Directive 87/402/EEC on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (89/681/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas Article 12 of Directive 87/402/EEC (4) lays down that the said Directive shall be supplemented by provisions introducing additional impact tests into the dynamic test procedure; Whereas, since provision is already made for an additional test in the case of the static test procedure, it is necessary also in that of the dynamic test procedure to provide for an additional test - which more accurately reflects the situation in the event of tractor roll-over - in order that these two test procedures may be rendered equivalent and the present imbalance between them eliminated; Whereas, in respect of the reliability of the parameters and calculations, the results of the practical experiments carried out on rear-mounted structures may be transposed to the same type of structure, but mounted on the front, OJ N° C 256, 9. 10. 1989, p. 76. HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 87/402/EEC is hereby amended as follows: 1. in Annex IV-A, point 1.6 is replaced by the following: '1.6. Additional tests '1.6.1. If cracks or tears which cannot be considered negligible appear during an impact test, a second, similar test, but with a height of fall of: Hm = 10 × 12 + 4a Hm = H 10 × 12 + 4a 1 + 2a shall be performed immediately after the impact tests causing these tears or cracks to appear, ''a'' being the ratio of the permanent deformation to the elastic deformation (a = Dp/De) as measured at the point of impact. The additional permanent deformation due to the second impact must not exceed 30 % of the permanent deformation due to the first impact. In order to be able to carry out the additional test, it is necessary to measure the elastic deformation during all of the impact tests. '1.6.2. If, during a crushing test, significant cracks or tears appear, a second, similar, crushing test, but with a force equal to 1,2 Fv, shall be performed immediately after the crushing test which caused these tears or cracks to appear.'; 2. in Annex VI, the following point is added: '7.3. Indication and results of any additional dynamic test'. Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 12 months from 3 January 1990. They shall forthwith inform the Commission thereof. Article 3 This Directive is addressed to the Member States. Done at Brussels, 21 December 1989.

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COMMISSION REGULATION (EC) No 1501/2006 of 10 October 2006 fixing the export refunds on beef and veal THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the third subparagraph of Article 33(3) thereof, Whereas: (1) Article 33(1) of Regulation (EC) No 1254/1999 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products within the Community may be covered by an export refund. (2) Given the present situation on the market in beef and veal, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 33 of Regulation (EC) No 1254/1999. (3) The second subparagraph of Article 33(3) of Regulation (EC) No 1254/1999 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) Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of 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 (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3), 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 (4). (5) Pursuant to the third subparagraph of Article 6(2) of Commission Regulation (EEC) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (5), the special refund is to be reduced if the quantity of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning. (6) Commission Regulation (EC) No 1342/2006 (6) should therefore be repealed and replaced by a new Regulation. (7) The Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 1. Export refunds as provided for in Article 33 of Regulation (EC) No 1254/1999 shall be granted on the products and for the amount set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article. 2. The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) No 852/2004 and 853/2004, notably preparation in an approved establishment and compliance with the health marking requirements laid down in Annex I, Section I, Chapter III of Regulation (EC) No 854/2004. Article 2 In the case referred to in the third subparagraph of Article 6(2) of Regulation (EEC) No 1964/82 the rate of the refund on products falling within product code 0201 30 00 9100 shall be reduced by 7 EUR/100 kg. Article 3 Regulation (EC) No 1342/2006 is repealed. Article 4 This Regulation shall enter into force on 11 October 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 October 2006.

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COUNCIL REGULATION (EEC) N° 2271/86 of 7 July 1986 implementing Decision N° 1/86 of the EEC-Switzerland Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit consequent upon the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas Article 16 of the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit (1), signed on 23 November 1972, empowers the Joint Committee set up under that Agreement to adopt by decision certain amendments to the said Agreement and the Appendices thereto; Whereas the Joint Committee has laid down special provisions which make it possible, as long as customs duties and other charges have not been eliminated in intra-Community trade, to distinguish goods according to whether they have acquired Community status in the Community of Ten or in Spain or Portugal; Whereas the said provisions are the subject of Decision N° 1/86 of the Joint Committee; whereas it is necessary to adopt implementing measures in respect of the said Decision, HAS ADOPTED THIS REGULATION: Article 1 Decision N° 1/86 of the EEC-Switzerland Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit consequent upon the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities shall apply in the Community. The text of the Decision is attached to this Regulation. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 July 1986.

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COMMISSION REGULATION (EEC) No 3147/92 of 29 October 1992 re-establishing the levying of customs duties on products of category 20 (order No 40.0200), originating in Malaysia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1992 by Regulation (EEC) No 3587/91 (2), and in particular Article 12 thereof, Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1992 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level; Whereas, in respect of products of category No 20 (order No 40.0200), originating in Malaysia, the relevant ceiling amounts to 232 tonnes; Whereas on 18 August 1992 imports of the products in question into the Community, originating in Malaysia, a country covered by preferential tariff arrangements, reached and were charged against that ceiling; Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Malaysia, HAS ADOPTED THIS REGULATION: Article 1 As from 2 November 1992 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Malaysia: Order No Category (unit) CN code Description 40.0200 20 (tonnes) 6302 21 00 6302 22 90 6302 29 90 6302 31 10 6302 31 90 6302 32 90 6302 39 90 Bed linen, other than knitted or crocheted Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 October 1992.

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COMMISSION REGULATION (EC) No 936/2006 of 23 June 2006 opening an invitation to tender for the refund on common wheat exports to certain third countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular the first subparagraph of Article 13(3) thereof, Whereas: (1) Given the present market situation for cereals, an invitation to tender for the export refund on common wheat should be opened in accordance with Article 4 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 (2). (2) The tendering procedure rules to be followed for establishing export refunds are laid down in Regulation (EC) No 1501/95. The requirements under that procedure include an obligation to submit an application for an export licence and lodge a security. The rate of that security should be established. (3) A specific period of validity must be set for the licences issued under this invitation to tender. That validity period should be commensurate with world market requirements for the 2006/2007 marketing year. (4) To ensure that all parties are treated equally, all licences issued should have the same period of validity. (5) In order to prevent re-imports, the exports under this invitation to tender should be limited to certain third countries. (6) The satisfactory operation of tendering procedures for exports requires that a minimum quantity be set, and that the time-limit and means of transmission for tenders lodged with the competent authority be established. (7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 1. Under Article 4 of Regulation (EC) No 1501/95, an invitation to tender for the export refund is hereby opened. 2. The invitation to tender covers common wheat for exportation to destinations with the exception of Albania, Bulgaria, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (3) and the former Yugoslav Republic of Macedonia, Liechtenstein, Romania and Switzerland. 3. The invitation to tender shall be open until 28 June 2007. During that period, weekly awards shall be made. The quantities and dates for submitting tenders shall be set out in the notice of invitation to tender. Notwithstanding Article 4(4) of Regulation (EC) No 1501/95, the time-limit for submitting tenders for the first partial invitation to tender shall be 6 July 2006. Article 2 Tenders shall be valid only if they cover a quantity of at least 1 000 tonnes. Article 3 The security referred to in Article 5(3)(a) of Regulation (EC) No 1501/95 shall be EUR 12 per tonne. Article 4 1. Notwithstanding Article 23(1) of Commission Regulation (EC) No 1291/2000 (4), export licences issued in accordance with Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted. 2. Export licences issued under the invitation to tender provided for in this Regulation shall be valid from their date of issue within the meaning of paragraph 1 until the end of the fourth month thereafter. Article 5 Member States shall electronically send the Commission the tenders submitted within one and a half hours of the expiry of the weekly time-limit for lodging tenders, as laid down in the notice of invitation to tender, using the form set out in the Annex. If no tenders are lodged, Member States shall inform the Commission within the time-limit referred to in the first paragraph. The times set for the submission of tenders shall correspond to Belgian time. Article 6 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 June 2006.

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DIRECTIVE 2008/50/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2008 on ambient air quality and cleaner air for Europe THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) The Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 (4) establishes the need to reduce pollution to levels which minimise harmful effects on human health, paying particular attention to sensitive populations, and the environment as a whole, to improve the monitoring and assessment of air quality including the deposition of pollutants and to provide information to the public. (2) In order to protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local, national and Community level. Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced and appropriate objectives set for ambient air quality taking into account relevant World Health Organisation standards, guidelines and programmes. (3) Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (5), Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (6), Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air (7), Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air (8) and Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States (9) need to be substantially revised in order to incorporate the latest health and scientific developments and the experience of the Member States. In the interests of clarity, simplification and administrative efficiency it is therefore appropriate that those five acts be replaced by a single Directive and, where appropriate, by implementing measures. (4) Once sufficient experience has been gained in relation to the implementation of Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (10) consideration may be given to the possibility of merging its provisions with those of this Directive. (5) A common approach to the assessment of ambient air quality should be followed according to common assessment criteria. When assessing ambient air quality, account should be taken of the size of populations and ecosystems exposed to air pollution. It is therefore appropriate to classify the territory of each Member State into zones or agglomerations reflecting the population density. (6) Where possible modelling techniques should be applied to enable point data to be interpreted in terms of geographical distribution of concentration. This could serve as a basis for calculating the collective exposure of the population living in the area. (7) In order to ensure that the information collected on air pollution is sufficiently representative and comparable across the Community, it is important that standardised measurement techniques and common criteria for the number and location of measuring stations are used for the assessment of ambient air quality. Techniques other than measurements can be used to assess ambient air quality and it is therefore necessary to define criteria for the use and required accuracy of such techniques. (8) Detailed measurements of fine particulate matter at rural background locations should be made in order to understand better the impacts of this pollutant and to develop appropriate policies. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 Convention on Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June 1981 (11). (9) Air quality status should be maintained where it is already good, or improved. Where the objectives for ambient air quality laid down in this Directive are not met, Member States should take action in order to comply with the limit values and critical levels, and where possible, to attain the target values and long-term objectives. (10) The risk posed by air pollution to vegetation and natural ecosystems is most important in places away from urban areas. The assessment of such risks and the compliance with critical levels for the protection of vegetation should therefore focus on places away from built-up areas. (11) Fine particulate matter (PM2,5) is responsible for significant negative impacts on human health. Further, there is as yet no identifiable threshold below which PM2,5 would not pose a risk. As such, this pollutant should not be regulated in the same way as other air pollutants. The approach should aim at a general reduction of concentrations in the urban background to ensure that large sections of the population benefit from improved air quality. However, to ensure a minimum degree of health protection everywhere, that approach should be combined with a limit value, which is to be preceded in a first stage by a target value. (12) The existing target values and long-term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should remain unchanged. An alert threshold and an information threshold for ozone should be set for the protection of the general population and sensitive sections, respectively, from brief exposures to elevated ozone concentrations. Those thresholds should trigger the dissemination of information to the public on the risks of exposure and the implementation, if appropriate, of short-term measures to reduce ozone levels where the alert threshold is exceeded. (13) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (12). Progress towards the air quality targets and long term objectives for ozone set in this Directive should be determined by the targets and emission ceilings provided for in Directive 2001/81/EC and, if appropriate, by implementing air quality plans as provided for in this Directive. (14) Fixed measurements should be mandatory in zones and agglomerations where the long-term objectives for ozone or the assessment thresholds for other pollutants are exceeded. Information from fixed measurements may be supplemented by modelling techniques and/or indicative measurements to enable point data to be interpreted in terms of geographical distribution of concentrations. The use of supplementary techniques of assessment should also allow for reduction of the required minimum number of fixed sampling points. (15) Contributions from natural sources can be assessed but cannot be controlled. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values. Contributions to exceedances of particulate matter PM10 limit values attributable to winter-sanding or -salting of roads may also be subtracted when assessing compliance with air quality limit values provided that reasonable measures have been taken to lower concentrations. (16) For zones and agglomerations where conditions are particularly difficult, it should be possible to postpone the deadline for compliance with the air quality limit values in cases where, notwithstanding the implementation of appropriate pollution abatement measures, acute compliance problems exist in specific zones and agglomerations. Any postponement for a given zone or agglomeration should be accompanied by a comprehensive plan to be assessed by the Commission to ensure compliance by the revised deadline. The availability of necessary Community measures reflecting the chosen ambition level in the Thematic Strategy on air pollution to reduce emissions at source will be important for an effective emission reduction by the timeframe established in this Directive for compliance with the limit values and should be taken into account when assessing requests to postpone deadlines for compliance. (17) The necessary Community measures to reduce emissions at source, in particular measures to improve the effectiveness of Community legislation on industrial emissions, to limit the exhaust emissions of engines installed in heavy duty vehicles, to further reduce the Member States’ permitted national emissions of key pollutants and the emissions associated with refuelling of petrol cars at service stations, and to address the sulphur content of fuels including marine fuels should be duly examined as a priority by all institutions involved. (18) Air quality plans should be developed for zones and agglomerations within which concentrations of pollutants in ambient air exceed the relevant air quality target values or limit values, plus any temporary margins of tolerance, where applicable. Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, such air quality plans should where feasible be consistent, and integrated with plans and programmes prepared pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (13), Directive 2001/81/EC, and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (14). Full account will also be taken of the ambient air quality objectives provided for in this Directive, where permits are granted for industrial activities pursuant to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (15). (19) Action plans should be drawn up indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more alert thresholds in order to reduce that risk and to limit its duration. When the risk applies to one or more limit values or target values, Member States may, where appropriate, draw up such short-term action plans. In respect of ozone, such short-term action plans should take into account the provisions of Commission Decision 2004/279/EC of 19 March 2004 concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (16). (20) Member States should consult with one another if, following significant pollution originating in another Member State, the level of a pollutant exceeds, or is likely to exceed, the relevant air quality objectives plus the margin of tolerance where applicable or, as the case may be, the alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing up and implementing air quality plans and short-term action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. (21) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information on concentrations of all regulated pollutants in ambient air should also be readily available to the public. (22) In order to facilitate the handling and comparison of air quality information, data should be made available to the Commission in a standardised form. (23) It is necessary to adapt procedures for data provision, assessment and reporting of air quality to enable electronic means and the Internet to be used as the main tools to make information available, and so that such procedures are compatible with Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (17). (24) It is appropriate to provide for the possibility of adapting the criteria and techniques used for the assessment of the ambient air quality to scientific and technical progress and adapting thereto the information to be provided. (25) Since the objectives of this Directive cannot be sufficiently achieved by the Member States by reason of the transboundary nature of air pollutants and can therefore 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 those objectives. (26) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. (27) Certain provisions of the acts repealed by this Directive should remain in force in order to ensure the continuance of existing air quality limits for nitrogen dioxide until they are replaced from 1 January 2010, the continuance of air quality reporting provisions until new implementing measures are adopted, and the continuance of obligations relating to the preliminary assessments of air quality required under Directive 2004/107/EC. (28) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. (29) In accordance with point 34 of the Interinstitutional Agreement on better lawmaking (18), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between the Directive and the transposition measures, and to make them public. (30) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the integration into the policies of the Union of a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union. (31) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (19). (32) The Commission should be empowered to amend Annexes I to VI, Annexes VIII to X and Annex XV. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (33) The transposition clause requires Member States to ensure that the necessary urban background measurements are in place well in time to define the Average Exposure Indicator, in order to guarantee that the requirements related to the assessment of the National Exposure Reduction Target and to the calculation of the Average Exposure Indicator are met, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter This Directive lays down measures aimed at the following: 1. defining and establishing objectives for ambient air quality designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole; 2. assessing the ambient air quality in Member States on the basis of common methods and criteria; 3. obtaining information on ambient air quality in order to help combat air pollution and nuisance and to monitor long-term trends and improvements resulting from national and Community measures; 4. ensuring that such information on ambient air quality is made available to the public; 5. maintaining air quality where it is good and improving it in other cases; 6. promoting increased cooperation between the Member States in reducing air pollution. Article 2 Definitions For the purposes of this Directive: 1. ‘ambient air’ shall mean outdoor air in the troposphere, excluding workplaces as defined by Directive 89/654/EEC (20) where provisions concerning health and safety at work apply and to which members of the public do not have regular access; 2. ‘pollutant’ shall mean any substance present in ambient air and likely to have harmful effects on human health and/or the environment as a whole; 3. ‘level’ shall mean the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time; 4. ‘assessment’ shall mean any method used to measure, calculate, predict or estimate levels; 5. ‘limit value’ shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained within a given period and not to be exceeded once attained; 6. ‘critical level’ shall mean a level fixed on the basis of scientific knowledge, above which direct adverse effects may occur on some receptors, such as trees, other plants or natural ecosystems but not on humans; 7. ‘margin of tolerance’ shall mean the percentage of the limit value by which that value may be exceeded subject to the conditions laid down in this Directive; 8. ‘air quality plans’ shall mean plans that set out measures in order to attain the limit values or target values; 9. ‘target value’ shall mean a level fixed with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period; 10. ‘alert threshold’ shall mean a level beyond which there is a risk to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by the Member States; 11. ‘information threshold’ shall mean a level beyond which there is a risk to human health from brief exposure for particularly sensitive sections of the population and for which immediate and appropriate information is necessary; 12. ‘upper assessment threshold’ shall mean a level below which a combination of fixed measurements and modelling techniques and/or indicative measurements may be used to assess ambient air quality; 13. ‘lower assessment threshold’ shall mean a level below which modelling or objective-estimation techniques alone may be used to assess ambient air quality; 14. ‘long-term objective’ shall mean a level to be attained in the long term, save where not achievable through proportionate measures, with the aim of providing effective protection of human health and the environment; 15. ‘contributions from natural sources’ shall mean emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions; 16. ‘zone’ shall mean part of the territory of a Member State, as delimited by that Member State for the purposes of air quality assessment and management; 17. ‘agglomeration’ shall mean a zone that is a conurbation with a population in excess of 250 000 inhabitants or, where the population is 250 000 inhabitants or less, with a given population density per km2 to be established by the Member States; 18. ‘PM10’ shall mean particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM10, EN 12341, with a 50 % efficiency cut-off at 10 µm aerodynamic diameter; 19. ‘PM2,5’ shall mean particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM2,5, EN 14907, with a 50 % efficiency cut-off at 2,5 µm aerodynamic diameter; 20. ‘average exposure indicator’ shall mean an average level determined on the basis of measurements at urban background locations throughout the territory of a Member State and which reflects population exposure. It is used to calculate the national exposure reduction target and the exposure concentration obligation; 21. ‘exposure concentration obligation’ shall mean a level fixed on the basis of the average exposure indicator with the aim of reducing harmful effects on human health, to be attained over a given period; 22. ‘national exposure reduction target’ shall mean a percentage reduction of the average exposure of the population of a Member State set for the reference year with the aim of reducing harmful effects on human health, to be attained where possible over a given period; 23. ‘urban background locations’ shall mean places in urban areas where levels are representative of the exposure of the general urban population; 24. ‘oxides of nitrogen’ shall mean the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (µg/m3); 25. ‘fixed measurements’ shall mean measurements taken at fixed sites, either continuously or by random sampling, to determine the levels in accordance with the relevant data quality objectives; 26. ‘indicative measurements’ shall mean measurements which meet data quality objectives that are less strict than those required for fixed measurements; 27. ‘volatile organic compounds’ (VOC) shall mean organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight; 28. ‘ozone precursor substances’ means substances which contribute to the formation of ground-level ozone, some of which are listed in Annex X. Article 3 Responsibilities Member States shall designate at the appropriate levels the competent authorities and bodies responsible for the following: (a) assessment of ambient air quality; (b) approval of measurement systems (methods, equipment, networks and laboratories); (c) ensuring the accuracy of measurements; (d) analysis of assessment methods; (e) coordination on their territory if Community-wide quality assurance programmes are being organised by the Commission; (f) cooperation with the other Member States and the Commission. Where relevant, the competent authorities and bodies shall comply with Section C of Annex I. Article 4 Establishment of zones and agglomerations Member States shall establish zones and agglomerations throughout their territory. Air quality assessment and air quality management shall be carried out in all zones and agglomerations. CHAPTER II ASSESSMENT OF AMBIENT AIR QUALITY SECTION 1 Assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide Article 5 Assessment regime 1. The upper and lower assessment thresholds specified in Section A of Annex II shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide. Each zone and agglomeration shall be classified in relation to those assessment thresholds. 2. The classification referred to in paragraph 1 shall be reviewed at least every five years in accordance with the procedure laid down in Section B of Annex II. However, classifications shall be reviewed more frequently in the event of significant changes in activities relevant to the ambient concentrations of sulphur dioxide, nitrogen dioxide or, where relevant, oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene or carbon monoxide. Article 6 Assessment criteria 1. Member States shall assess ambient air quality with respect to the pollutants referred to in Article 5 in all their zones and agglomerations, in accordance with the criteria laid down in paragraphs 2, 3 and 4 of this Article and in accordance with the criteria laid down in Annex III. 2. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 exceeds the upper assessment threshold established for those pollutants, fixed measurements shall be used to assess the ambient air quality. Those fixed measurements may be supplemented by modelling techniques and/or indicative measurements to provide adequate information on the spatial distribution of the ambient air quality. 3. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 is below the upper assessment threshold established for those pollutants, a combination of fixed measurements and modelling techniques and/or indicative measurements may be used to assess the ambient air quality. 4. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 is below the lower assessment threshold established for those pollutants, modelling techniques or objective-estimation techniques or both shall be sufficient for the assessment of the ambient air quality. 5. In addition to the assessments referred to in paragraphs 2, 3 and 4, measurements shall be made, at rural background locations away from significant sources of air pollution, for the purposes of providing, as a minimum, information on the total mass concentration and the chemical speciation concentrations of fine particulate matter (PM2,5) on an annual average basis and shall be conducted using the following criteria: (a) one sampling point shall be installed every 100 000 km2; (b) each Member State shall set up at least one measuring station or may, by agreement with adjoining Member States, set up one or several common measuring stations, covering the relevant neighbouring zones, to achieve the necessary spatial resolution; (c) where appropriate, monitoring shall be coordinated with the monitoring strategy and measurement programme of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP); (d) Sections A and C of Annex I shall apply in relation to the data quality objectives for mass concentration measurements of particulate matter and Annex IV shall apply in its entirety. Member States shall inform the Commission of the measurement methods used in the measurement of the chemical composition of fine particulate matter (PM2,5). Article 7 Sampling points 1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene and carbon monoxide in ambient air shall be determined using the criteria listed in Annex III. 2. In each zone or agglomeration where fixed measurements are the sole source of information for assessing air quality, the number of sampling points for each relevant pollutant shall not be less than the minimum number of sampling points specified in Section A of Annex V. 3. For zones and agglomerations within which information from fixed measurement sampling points is supplemented by information from modelling and/or indicative measurement, the total number of sampling points specified in Section A of Annex V may be reduced by up to 50 %, provided that the following conditions are met: (a) the supplementary methods provide sufficient information for the assessment of air quality with regard to limit values or alert thresholds, as well as adequate information for the public; (b) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I and enable assessment results to meet the criteria specified in Section B of Annex I. The results of modelling and/or indicative measurement shall be taken into account for the assessment of air quality with respect to the limit values. 4. The application in Member States of the criteria for selecting sampling points shall be monitored by the Commission so as to facilitate the harmonised application of those criteria throughout the European Union. Article 8 Reference measurement methods 1. Member States shall apply the reference measurement methods and criteria specified in Section A and Section C of Annex VI. 2. Other measurement methods may be used subject to the conditions set out in Section B of Annex VI. SECTION 2 Assessment of ambient air quality in relation to ozone Article 9 Assessment criteria 1. Where, in a zone or agglomeration, concentrations of ozone have exceeded the long-term objectives specified in Section C of Annex VII during any of the previous five years of measurement, fixed measurements shall be taken. 2. Where fewer than five years' data are available, Member States may, for the purposes of determining whether the long-term objectives referred to in paragraph 1 have been exceeded during those five years, combine the results from measurement campaigns of short duration carried out when and where levels are likely to be at their highest, with the results obtained from emission inventories and modelling. Article 10 Sampling points 1. The siting of sampling points for the measurement of ozone shall be determined using the criteria set out in Annex VIII. 2. The sampling points for fixed measurements of ozone in each zone or agglomeration within which measurement is the sole source of information for assessing air quality shall not be less than the minimum number of sampling points specified in Section A of Annex IX. 3. For zones and agglomerations within which information from sampling points for fixed measurements is supplemented by information from modelling and/or indicative measurements, the number of sampling points specified in Section A of Annex IX may be reduced provided that the following conditions are met: (a) the supplementary methods provide sufficient information for the assessment of air quality with regard to target values, long-term objectives, information and alert thresholds; (b) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established in accordance with the data quality objectives specified in Section A of Annex I and enable assessment results to meet the criteria specified in Section B of Annex I; (c) the number of sampling points in each zone or agglomeration amounts to at least one sampling point per two million inhabitants or one sampling point per 50 000 km2, whichever produces the greater number of sampling points, but must not be less than one sampling point in each zone or agglomeration; (d) nitrogen dioxide is measured at all remaining sampling points except at rural background stations as referred to in Section A of Annex VIII. The results of modelling and/or indicative measurement shall be taken into account for the assessment of air quality with respect to the target values. 4. Nitrogen dioxide shall be measured at a minimum of 50 % of the ozone sampling points required under Section A of Annex IX. That measurement shall be continuous except at rural background stations, as referred to in Section A of Annex VIII, where other measurement methods may be used. 5. In zones and agglomerations where, during each of the previous five years of measurement, concentrations are below the long-term objectives, the number of sampling points for fixed measurements shall be determined in accordance with Section B of Annex IX. 6. Each Member State shall ensure that at least one sampling point is installed and operated in its territory to supply data on concentrations of the ozone precursor substances listed in Annex X. Each Member State shall choose the number and siting of the stations at which ozone precursor substances are to be measured, taking into account the objectives and methods laid down in Annex X. Article 11 Reference measurement methods 1. Member States shall apply the reference method for measurement of ozone, set out in point 8 of Section A of Annex VI. Other measuring methods may be used subject to the conditions set out in Section B of Annex VI. 2. Each Member State shall inform the Commission of the methods it uses to sample and measure VOC, as listed in Annex X. CHAPTER III AMBIENT AIR QUALITY MANAGEMENT Article 12 Requirements where levels are lower than the limit values In zones and agglomerations where the levels of sulphur dioxide, nitrogen dioxide, PM10, PM2,5, lead, benzene and carbon monoxide in ambient air are below the respective limit values specified in Annexes XI and XIV, Member States shall maintain the levels of those pollutants below the limit values and shall endeavour to preserve the best ambient air quality, compatible with sustainable development. Article 13 Limit values and alert thresholds for the protection of human health 1. Member States shall ensure that, throughout their zones and agglomerations, levels of sulphur dioxide, PM10, lead, and carbon monoxide in ambient air do not exceed the limit values laid down in Annex XI. In respect of nitrogen dioxide and benzene, the limit values specified in Annex XI may not be exceeded from the dates specified therein. Compliance with these requirements shall be assessed in accordance with Annex III. The margins of tolerance laid down in Annex XI shall apply in accordance with Article 22(3) and Article 23(1). 2. The alert thresholds for concentrations of sulphur dioxide and nitrogen dioxide in ambient air shall be those laid down in Section A of Annex XII. Article 14 Critical levels 1. Member States shall ensure compliance with the critical levels specified in Annex XIII as assessed in accordance with Section A of Annex III. 2. Where fixed measurements are the sole source of information for assessing air quality, the number of sampling points shall not be less than the minimum number specified in Section C of Annex V. Where that information is supplemented by indicative measurements or modelling, the minimum number of sampling points may be reduced by up to 50 % so long as the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of Annex I. Article 15 National PM2,5 exposure reduction target for the protection of human health 1. Member States shall take all necessary measures not entailing disproportionate costs to reduce exposure to PM2,5 with a view to attaining the national exposure reduction target laid down in Section B of Annex XIV by the year specified therein. 2. Member States shall ensure that the average exposure indicator for the year 2015 established in accordance with Section A of Annex XIV does not exceed the exposure concentration obligation laid down in Section C of that Annex. 3. The average exposure indicator for PM2,5 shall be assessed in accordance with Section A of Annex XIV. 4. Each Member State shall, in accordance with Annex III, ensure that the distribution and the number of sampling points on which the average exposure indicator for PM2,5 is based reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Section B of Annex V. Article 16 PM2,5 target value and limit value for the protection of human health 1. Member States shall take all necessary measures not entailing disproportionate costs to ensure that concentrations of PM2,5 in ambient air do not exceed the target value laid down in Section D of Annex XIV as from the date specified therein. 2. Member States shall ensure that concentrations of PM2,5 in ambient air do not exceed the limit value laid down in Section E of Annex XIV throughout their zones and agglomerations as from the date specified therein. Compliance with this requirement shall be assessed in accordance with Annex III. 3. The margin of tolerance laid down in Section E of Annex XIV shall apply in accordance with Article 23(1). Article 17 Requirements in zones and agglomerations where ozone concentrations exceed the target values and long-term objectives 1. Member States shall take all necessary measures not entailing disproportionate costs to ensure that the target values and long-term objectives are attained. 2. For zones and agglomerations in which a target value is exceeded, Member States shall ensure that the programme prepared pursuant to Article 6 of Directive 2001/81/EC and, if appropriate, an air quality plan is implemented in order to attain the target values, save where not achievable through measures not entailing disproportionate costs, as from the date specified in Section B of Annex VII to this Directive. 3. For zones and agglomerations in which the levels of ozone in ambient air are higher than the long-term objectives but below, or equal to, the target values, Member States shall prepare and implement cost-effective measures with the aim of achieving the long-term objectives. Those measures shall, at least, be consistent with all the air quality plans and the programme referred to in paragraph 2. Article 18 Requirements in zones and agglomerations where ozone concentrations meet the long-term objectives In zones and agglomerations in which ozone levels meet the long-term objectives, Member States shall, in so far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, maintain those levels below the long-term objectives and shall preserve through proportionate measures the best ambient air quality compatible with sustainable development and a high level of environmental and human health protection. Article 19 Measures required in the event of information or alert thresholds being exceeded Where the information threshold specified in Annex XII or any of the alert thresholds laid down therein is exceeded, Member States shall take the necessary steps to inform the public by means of radio, television, newspapers or the Internet. Member States shall also forward to the Commission, on a provisional basis, information concerning the levels recorded and the duration of the periods during which the alert threshold or information threshold was exceeded. Article 20 Contributions from natural sources 1. Member States shall transmit to the Commission, for a given year, lists of zones and agglomerations where exceedances of limit values for a given pollutant are attributable to natural sources. Member States shall provide information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources. 2. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 1, that exceedance shall not be considered as an exceedance for the purposes of this Directive. 3. The Commission shall by 11 June 2010 publish guidelines for demonstration and subtraction of exceedances attributable to natural sources. Article 21 Exceedances attributable to winter-sanding or -salting of roads 1. Member States may designate zones or agglomerations within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or -salting of roads. 2. Member States shall send the Commission lists of any such zones or agglomerations together with information on concentrations and sources of PM10 therein. 3. When informing the Commission in accordance with Article 27, Member States shall provide the necessary evidence to demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower the concentrations. 4. Without prejudice to Article 20, in the case of zones and agglomerations referred to in paragraph 1 of this Article, Member States need to establish the air quality plan provided for in Article 23 only in so far as exceedances are attributable to PM10 sources other than winter-sanding or -salting of roads. 5. The Commission shall by 11 June 2010 publish guidelines for determination of contributions from the re-suspension of particulates following winter-sanding or -salting of roads. Article 22 Postponement of attainment deadlines and exemption from the obligation to apply certain limit values 1. Where, in a given zone or agglomeration, conformity with the limit values for nitrogen dioxide or benzene cannot be achieved by the deadlines specified in Annex XI, a Member State may postpone those deadlines by a maximum of five years for that particular zone or agglomeration, on condition that an air quality plan is established in accordance with Article 23 for the zone or agglomeration to which the postponement would apply; such air quality plan shall be supplemented by the information listed in Section B of Annex XV related to the pollutants concerned and shall demonstrate how conformity will be achieved with the limit values before the new deadline. 2. Where, in a given zone or agglomeration, conformity with the limit values for PM10 as specified in Annex XI cannot be achieved because of site-specific dispersion characteristics, adverse climatic conditions or transboundary contributions, a Member State shall be exempt from the obligation to apply those limit values until 11 June 2011 provided that the conditions laid down in paragraph 1 are fulfilled and that the Member State shows that all appropriate measures have been taken at national, regional and local level to meet the deadlines. 3. Where a Member State applies paragraphs 1 or 2, it shall ensure that the limit value for each pollutant is not exceeded by more than the maximum margin of tolerance specified in Annex XI for each of the pollutants concerned. 4. Member States shall notify the Commission where, in their view, paragraphs 1 or 2 are applicable, and shall communicate the air quality plan referred to in paragraph 1 including all relevant information necessary for the Commission to assess whether or not the relevant conditions are satisfied. In its assessment, the Commission shall take into account estimated effects on ambient air quality in the Member States, at present and in the future, of measures that have been taken by the Member States as well as estimated effects on ambient air quality of current Community measures and planned Community measures to be proposed by the Commission. Where the Commission has raised no objections within nine months of receipt of that notification, the relevant conditions for the application of paragraphs 1 or 2 shall be deemed to be satisfied. If objections are raised, the Commission may require Member States to adjust or provide new air quality plans. CHAPTER IV PLANS Article 23 Air quality plans 1. Where, in given zones or agglomerations, the levels of pollutants in ambient air exceed any limit value or target value, plus any relevant margin of tolerance in each case, Member States shall ensure that air quality plans are established for those zones and agglomerations in order to achieve the related limit value or target value specified in Annexes XI and XIV. In the event of exceedances of those limit values for which the attainment deadline is already expired, the air quality plans shall set out appropriate measures, so that the exceedance period can be kept as short as possible. The air quality plans may additionally include specific measures aiming at the protection of sensitive population groups, including children. Those air quality plans shall incorporate at least the information listed in Section A of Annex XV and may include measures pursuant to Article 24. Those plans shall be communicated to the Commission without delay, but no later than two years after the end of the year the first exceedance was observed. Where air quality plans must be prepared or implemented in respect of several pollutants, Member States shall, where appropriate, prepare and implement integrated air quality plans covering all pollutants concerned. 2. Member States shall, to the extent feasible, ensure consistency with other plans required under Directive 2001/80/EC, Directive 2001/81/EC or Directive 2002/49/EC in order to achieve the relevant environmental objectives. Article 24 Short-term action plans 1. Where, in a given zone or agglomeration, there is a risk that the levels of pollutants will exceed one or more of the alert thresholds specified in Annex XII, Member States shall draw up action plans indicating the measures to be taken in the short term in order to reduce the risk or duration of such an exceedance. Where this risk applies to one or more limit values or target values specified in Annexes VII, XI and XIV, Member States may, where appropriate, draw up such short-term action plans. However, where there is a risk that the alert threshold for ozone specified in Section B of Annex XII will be exceeded, Member States shall only draw up such short-term action plans when in their opinion there is a significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity of such an exceedance. When drawing up such a short-term action plan Member States shall take account of Decision 2004/279/EC. 2. The short-term action plans referred to in paragraph 1 may, depending on the individual case, provide for effective measures to control and, where necessary, suspend activities which contribute to the risk of the respective limit values or target values or alert threshold being exceeded. Those action plans may include measures in relation to motor-vehicle traffic, construction works, ships at berth, and the use of industrial plants or products and domestic heating. Specific actions aiming at the protection of sensitive population groups, including children, may also be considered in the framework of those plans. 3. When Member States have drawn up a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population groups, other relevant health-care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of these plans. 4. For the first time before 11 June 2010 and at regular intervals thereafter, the Commission shall publish examples of best practices for the drawing-up of short-term action plans, including examples of best practices for the protection of sensitive population groups, including children. Article 25 Transboundary air pollution 1. Where any alert threshold, limit value or target value plus any relevant margin of tolerance or long-term objective is exceeded due to significant transboundary transport of air pollutants or their precursors, the Member States concerned shall cooperate and, where appropriate, draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 23 in order to remove such exceedances through the application of appropriate but proportionate measures. 2. The Commission shall be invited to be present and to assist in any cooperation referred to in paragraph 1. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 9 of Directive 2001/81/EC, consider whether further action should be taken at Community level in order to reduce precursor emissions responsible for transboundary pollution. 3. Member States shall, if appropriate pursuant to Article 24, prepare and implement joint short-term action plans covering neighbouring zones in other Member States. Member States shall ensure that neighbouring zones in other Member States which have developed short-term action plans receive all appropriate information. 4. Where the information threshold or alert thresholds are exceeded in zones or agglomerations close to national borders, information shall be provided as soon as possible to the competent authorities in the neighbouring Member States concerned. That information shall also be made available to the public. 5. In drawing up plans as provided for in paragraphs 1 and 3 and in informing the public as referred to in paragraph 4, Member States shall, where appropriate, endeavour to pursue cooperation with third countries, and in particular with candidate countries. CHAPTER V INFORMATION AND REPORTING Article 26 Public information 1. Member States shall ensure that the public as well as appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive populations, other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following: (a) ambient air quality in accordance with Annex XVI; (b) any postponement decisions pursuant to Article 22(1); (c) any exemptions pursuant to Article 22(2); (d) air quality plans as provided for in Article 22(1) and Article 23 and programmes referred to in Article 17(2). The information shall be made available free of charge by means of any easily accessible media including the Internet or any other appropriate means of telecommunication, and shall take into account the provisions laid down in Directive 2007/2/EC. 2. Member States shall make available to the public annual reports for all pollutants covered by this Directive. Those reports shall summarise the levels exceeding limit values, target values, long-term objectives, information thresholds and alert thresholds, for the relevant averaging periods. That information shall be combined with a summary assessment of the effects of those exceedances. The reports may include, where appropriate, further information and assessments on forest protection as well as information on other pollutants for which monitoring provisions are specified in this Directive, such as, inter alia, selected non-regulated ozone precursor substances as listed in Section B of Annex X. 3. Member States shall inform the public of the competent authority or body designated in relation to the tasks referred to in Article 3. Article 27 Transmission of information and reporting 1. Member States shall ensure that information on ambient air quality is made available to the Commission within the required timescale as determined by the implementing measures referred to in Article 28(2). 2. In any event, for the specific purpose of assessing compliance with the limit values and critical levels and the attainment of target values, such information shall be made available to the Commission no later than nine months after the end of each year and shall include: (a) the changes made in that year to the list and delimitation of zones and agglomerations established under Article 4; (b) the list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit values plus the margin of tolerance where applicable or higher than target values or critical levels; and for these zones and agglomerations: (i) levels assessed and, if relevant, the dates and periods when such levels were observed; (ii) if appropriate, an assessment on contributions from natural sources and from re-suspension of particulates following winter-sanding or -salting of roads to the levels assessed, as declared to the Commission under Articles 20 and 21. 3. Paragraphs 1 and 2 shall apply to information collected as from the beginning of the second calendar year after the entry into force of the implementing measures referred to in Article 28(2). Article 28 Implementing measures 1. Measures designed to amend the non-essential elements of this Directive, namely Annexes I to VI, Annexes VIII to X and Annex XV, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(3). However, the amendments may not have the effect of directly or indirectly modifying either of the following: (a) the limit values, exposure reduction targets, critical levels, target values, information or alert thresholds or long-term objectives specified in Annex VII and Annexes XI to XIV; (b) the dates for compliance with any of the parameters referred to in point (a). 2. The Commission shall, in accordance with the regulatory procedure referred to in Article 29(2), determine the additional information to be made available by Member States pursuant to Article 27 as well as the timescales in which such information is to be communicated. The Commission shall also identify ways of streamlining the way data are reported and the reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States, in accordance with the regulatory procedure referred to in Article 29(2). 3. The Commission shall draw up guidelines for the agreements on setting up common measuring stations as referred to in Article 6(5). 4. The Commission shall publish guidance on the demonstration of equivalence referred to in Section B of Annex VI. CHAPTER VI COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS Article 29 Committee 1. The Commission shall be assisted by a committee, ‘the Ambient Air Quality Committee’. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 30 Penalties Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Article 31 Repeal and transitional provisions 1. Directives 96/62/EC, 1999/30/EC, 2000/69/EC and 2002/3/EC shall be repealed as from 11 June 2010, without prejudice to the obligations on the Member States relating to time-limits for transposition or application of those Directives. However, from 11 June 2008, the following shall apply: (a) in Directive 96/62/EC, paragraph 1 of Article 12 shall be replaced by the following: ‘1. The detailed arrangements for forwarding the information to be provided under Article 11 shall be adopted in accordance with the procedure referred to in paragraph 3.’; (b) in Directive 1999/30/EC, Article 7(7), footnote 1 in point I of Annex VIII and point VI of Annex IX shall be deleted; (c) in Directive 2000/69/EC, Article 5(7) and point III in Annex VII shall be deleted; (d) in Directive 2002/3/EC, Article 9(5) and point II of Annex VIII shall be deleted. 2. Notwithstanding the first subparagraph of paragraph 1, the following Articles shall remain in force: (a) Article 5 of Directive 96/62/EC until 31 December 2010; (b) Article 11(1) of Directive 96/62/EC and Article 10(1), (2) and (3) of Directive 2002/3/EC until the end of the second calendar year following the entry into force of the implementing measures referred to in Article 28(2) of this Directive; (c) Article 9(3) and (4) of Directive 1999/30/EC until 31 December 2009. 3. References made to the repealed Directives shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex XVII. 4. Decision 97/101/EC shall be repealed with effect from the end of the second calendar year following the entry into force of the implementing measures referred to in Article 28(2) of this Directive. However, the third, fourth and fifth indents of Article 7 of Decision 97/101/EC shall be deleted with effect from 11 June 2008. Article 32 Review 1. In 2013 the Commission shall review the provisions related to PM2,5 and, as appropriate, other pollutants, and shall present a proposal to the European Parliament and the Council. As regards PM2,5, the review shall be undertaken with a view to establishing a legally binding national exposure reduction obligation in order to replace the national exposure reduction target and to review the exposure concentration obligation laid down in Article 15, taking into account, inter alia, the following elements: - latest scientific information from WHO and other relevant organisations, - air quality situations and reduction potentials in the Member States, - the revision of Directive 2001/81/EC, - progress made in implementing Community reduction measures for air pollutants, 2. The Commission shall take into account the feasibility of adopting a more ambitious limit value for PM2,5, shall review the indicative limit value of the second stage for PM2,5 and consider confirming or altering that value. 3. As part of the review, the Commission shall also prepare a report on the experience and on the necessity of monitoring of PM10 and PM2,5, taking into account technical progress in automatic measuring techniques. If appropriate, new reference methods for the measurement of PM10 and PM2,5 shall be proposed. Article 33 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 11 June 2010. They shall forthwith communicate to the Commission the text of those measures. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. However, Member States shall ensure that a sufficient number of urban background measurement stations of PM2,5 necessary for the calculation of the Average Exposure Indicator, in accordance with Section B of Annex V, is established at the latest by 1 January 2009, in order to comply with the timeframe and the conditions indicated in Section A of Annex XIV. 3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 34 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. Article 35 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 21 May 2008.

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COMMISSION REGULATION (EEC) No 2310/92 of 31 July 1992 amending Regulation (EEC) No 3472/85 on the buying-in and storage of olive oil by intervention agencies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oiks and fats (1), as last amended by Regulation (EEC) No 2046/92 (2), and in particular Article 12 (4) thereof, Whereas Regulation No 136/66/EEC as amended permits access to Community intervention to producers' organizations and associations thereof recognized under Regulation No 136/66/EEC; whereas, therefore, Article 2 of Commission Regulation (EEC) No 3472/85 (3) should be amended; Whereas modification of the measures in question should take effect from the date of application of Regulation No 136/66/EEC; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3472/85 is hereby amended as follows: '1. Article 2 (1) is replaced by the following: 1. The olive oil originating in the Community referred to in Article 1 may be offered to the intervention agency by: - any natural or legal person proving he is the first owner of the oil produced, and - producers' organizations and associations thereof recognized under Regulation No 136/66/EEC acting on behalf of the measures of those organizations. The offer shall only be accepted when the party concerned proves that the oil in question has been produced in the Community.' Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 July 1992.

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COMMISSION REGULATION (EC) No 180/2007 of 22 February 2007 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof, Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof, Whereas: (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, HAS ADOPTED THIS REGULATION: Article 1 The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1 of Regulation (EC) No 1784/2003 or in Article 1 of Regulation (EC) No 1785/2003, and 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 respectively, shall be fixed as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on 23 February 2007. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 February 2007.

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COMMISSION REGULATION (EC) No 1880/2006 of 14 December 2006 establishing a prohibition of fishing for Greenland halibut in ICES zone NAFO 3LMNO by vessels flying the flag of Portugal THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof, Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof, Whereas: (1) Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2006. (2) According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2006. (3) It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, HAS ADOPTED THIS REGULATION: Article 1 Quota exhaustion The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex. Article 2 Prohibitions Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date. Article 3 Entry into force This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 December 2006.

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COMMISSION REGULATION (EC) No 1007/2006 of 30 June 2006 determining the world market price for unginned cotton THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1), Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof, Whereas: (1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined. (2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001. (3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter, HAS ADOPTED THIS REGULATION: Article 1 The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 21,259 EUR/100 kg. Article 2 This Regulation shall enter into force on 1 July 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 June 2006.

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COMMISSION REGULATION (EC) No 2762/1999 of 22 December 1999 adjusting the maximum annual fishing effort for certain fisheries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2027/95 of 15 June 1995 establishing a system for the management of fishing effort relating to certain Community fishing areas and resources(1), as amended by Regulation (EC) No 149/1999(2), and in particular the second indent of Article 4 thereof, (1) Whereas the second indent of Article 4 of Regulation (EC) No 2027/95 provides that the Commission, at the request of a Member State, shall take appropriate measures so that the Member State in question can fish its quotas in accordance with the third subparagraph of Article 6(2) of Council Regulation (EC) No 685/95 of 27 March 1995 on the management of the fishing effort relating to certain Community fishing areas and resources(3); (2) Whereas Spain has asked the Commission to adjust the maximum annual fishing effort granted to its vessels by transferring part of the static gear effort to towed gear in the case of fishing directed at demersal species so that vessels flying the Spanish flag are able to exploit fully the yearly allocated quotas under the Community regulations; (3) Whereas this transfer of fishing effort involves only a simple adjustment which does not alter the existing balance and enables the effort levels allocated initially to be adjusted to the current situation of the fleet, and fishing activity to be diversified to include other demersal species; (4) Whereas this Regulation must enter into force immediately in order to allow Spain to make better use of its quotas; (5) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture, HAS ADOPTED THIS REGULATION: Article 1 The maximum annual fishing effort for the Kingdom of Spain in respect of demersal species using towed and passive gear respectively, as referred to in the Annex to Regulation (EC) No 2027/95, is amended, as laid down in the Annex hereto. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 1999.

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COMMISSION REGULATION (EC) No 926/2008 of 19 September 2008 on the issue of import licences for applications lodged during the first seven days of September 2008 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1), Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof, Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof, Whereas: (1) Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin. (2) The applications for import licences lodged during the first seven days of September 2008 for the subperiod from 1 October to 31 December 2008 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested. (3) The applications for import licences lodged during the first seven days of September 2008 for the subperiod from 1 October to 31 December 2008 do not, for some quotas, cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod, HAS ADOPTED THIS REGULATION: Article 1 1. The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 October to 31 December 2008 shall be multiplied by the allocation coefficients set out in the Annex hereto. 2. The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 539/2007, to be added to the subperiod from 1 January to 31 March 2009, are set out in the Annex hereto. Article 2 This Regulation shall enter into force on 20 September 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 September 2008.

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COMMISSION REGULATION (EEC) No 2431/93 of 1 September 1993 fixing, for July 1993, the specific agricultural conversion rate for the amount of the reimbursement of storage costs in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1548/93 (2), Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), Having regard to Commission Regulation (EEC) No 1713/93 of 30 June 1993 establishing special detailed rules for applying the agricultural conversion rate in the sugar sector (4), and in particular Article 1 (3) thereof, Whereas Article 1 (2) of Regulation (EEC) No 1713/93 provides that the amount of the reimbursement of storage costs referred to in Article 8 of Regulation (EEC) No 1785/81 is to be converted into national currency using a specific agricultural conversion rate equal to the average, calculated pro rata temporis, of the agricultural conversion rates applicable during the month of storage; whereas that specific rate must be fixed each month for the previous month; Whereas application of these provisions will lead to the fixing, for July 1993, of the specific agricultural conversion rate for the amount of the reimbursement of storage costs in the various national currencies as indicated in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The specific agricultural conversion rate to be used to convert the amount of the reimbursement of storage costs referred to in Article 8 of Regulation (EEC) No 1785/81 into each of the national currencies for July 1993 shall be as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 July 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 September 1993.

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COMMISSION DECISION of 19 October 1999 amending the information contained in the list in the Annex to Commission Regulation (EC) No 2851/98 establishing, for 1999, the list of vessels exceeding 8 m length overall permitted to fish for sole in certain Community areas using beam trawls whose aggregate length exceeds 9 m (notified under document number C(1999) 3313) (1999/712/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources(1), Having regard to Commission Regulation (EEC) No 3554/90 of 10 December 1990 adopting provisions for the establishment of the list of vessels exceeding 8 m length overall which are permitted to fish for sole within certain areas of the Community using beam trawls whose aggregate length exceeds 9 m(2), as amended by Regulation (EC) No 3407/93(3), and in particular Article 2 thereof, (1) Whereas Commission Regulation (EC) No 2851/98(4) establishes, for 1999, the list of vessels exceeding 8 m length overall permitted to fish for sole in certain Community areas using beam trawls whose aggregate length exceeds 9 m, as provided for in Article 10(3)(c) of Regulation (EC) No 894/97; (2) Whereas authorities of the Member States concerned have applied for the information in the above list to be amended; whereas the said authorities have provided all the information supporting their applications under Article 2 of Regulation (EEC) No 3554/90; whereas it has been found that the information complies with the requirements; whereas, therefore, the information in the list annexed to the Regulation should be amended, HAS ADOPTED THIS DECISION: Article 1 The information in the list annexed to Regulation (EC) No 2851/98 is amended as shown in the Annex hereto. Article 2 This Decision is addressed to the Member States. Done at Brussels, 19 October 1999.

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COUNCIL DECISION of 18 December 2008 rejecting the proposal from the Commission for a Council Regulation implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the use of antimicrobial substances to remove surface contamination from poultry carcasses (Text with EEA relevance) (2009/121/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 202 thereof, Having regard to 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 (1), and in particular Article 3(2) thereof, Having regard to the proposal from the Commission for a Council Regulation implementing Regulation (EC) No 853/2004 as regards the use of antimicrobial substances to remove surface contamination from poultry carcasses, Having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), and in particular Article 5 thereof, Whereas: (1) Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. It provides that food business operators are not to use any substance other than water to remove surface contamination from products of animal origin, unless the use of such substance has been approved in accordance with that Regulation. (2) A high level of protection of human health should be assured in the pursuit of Community policies. Measures adopted by the Community governing food and feed must be based on an appropriate assessment of the possible risks for human and animal health and must, taking into account existing scientific evidence, maintain, or if scientifically justified, increase the level of protection of human and animal health ensured in the Community. High hygiene standards throughout the food production chain and avoidance or prohibition on the use of substances which can potentially mask poor hygiene practices are a key priority in the Community. (3) In addition, a high level of protection of the environment should be ensured in the pursuit of Community policies, both by acts of environmental policy itself and by the integration of environmental policy requirements into the definition and implementation of other Community policies and activities. (4) The Commission proposal underlines that several antimicrobial substances such as chlorine dioxide, acidified sodium chlorite, trisodium phosphate or peroxyacids that are used to remove surface contamination from poultry carcasses can pose a risk to the aquatic environment, the health of staff working in waste water systems and the operation and performance of sewerage systems and/or waste water treatment plants. The use of antimicrobial substances containing chlorine can also lead to the formation of chloroorganic compounds, several of which are persistent, bioaccumulable or carcinogenic. Phosphorus compounds are also one of the sources of the eutrophication of European regional seas, leading to mass growth algae and other undesirable disturbance of the aquatic environment. (5) The Scientific Committee on Veterinary Measures relating to Public Health (SCVPH) issued a report on 30 October 1998 on the ‘benefits and limitations of antimicrobial treatments for poultry carcasses’ and recommended that before any decontamination compound or decontamination technique is authorised for use, it should be fully assessed. (6) The European Food Safety Authority (EFSA) adopted a scientific opinion on 14-15 December 2005‘on the evaluation of the efficacy of peroxyacids for use as an antimicrobial substance applied on poultry carcasses’. It concluded that the efficacy of peroxyacids was difficult to assess because the protocols submitted were not always clearly described, and, even if they were, would not be sufficient to demonstrate the efficacy of peroxyacids under commercial conditions. (7) The EFSA adopted a scientific opinion on 6 March 2008‘on the assessment of possible effect of the chlorine dioxide, acidified sodium chlorite, trisodium phosphate and peroxyacids on the emergence of antimicrobial resistance’. The findings led the EFSA to encourage further research on the likelihood of the emergence of susceptibility to these types of substances, and the possibility of their resistance to therapeutic antibiotics and other antimicrobial agents. (8) The Scientific Committee on Health and Environmental Risks (SCHER) and the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) adopted a joint scientific opinion on 18 March 2008 and 2 April 2008 on the environmental impact and effect on the antimicrobial resistance of the four substances used for the removal of microbial surface contamination of poultry carcasses. They stated that ‘there is currently insufficient knowledge on the potential negative effects of using different biocides’ and concluded that there was not enough information available for producing comprehensive quantitative assessments. There were environmental concerns about the possibility to disseminate or select more resistant strains and in relation to the potential residues in the poultry carcasses. (9) Taking into account scientific information available, it cannot be excluded that the approval of theses substances may lead to an increased antimicrobial resistance in humans. (10) The emergence of antimicrobial resistance is also a major and permanent concern of international bodies involved in human medicine. The Commission has taken various important legislative initiatives aiming at reducing antimicrobial resistance linked to feed, veterinary treatment of animals and food. (11) Likewise the Council adopted, at its session of 9 and 10 June 2008, Council conclusions on antimicrobial resistance stressing that antimicrobial resistance is still a growing European and global health problem. (12) The European Parliament, in its resolution of 19 June 2008, voiced its disapproval of the Commission proposal for the reasons stated above and called on the Council to reject it. (13) The lack of scientific data in relation to hazards related to the use of these substances leads to the application of the precautionary principle as referred to in Article 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3). According to this principle, in specific circumstances where, following an assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure the high level of health protection chosen in the Community may be adopted, pending further scientific information for a more comprehensive risk assessment. (14) Data collection by food business operators and research programmes should therefore be encouraged so that both the efficacy of these substances and the development of antimicrobial resistances as well as possible environmental impact could be fully assessed. For this purpose, the EFSA has published a joint AFC/BIOHAZ guidance document (4) on the submission of data for the evaluation of the safety and the efficacy of substances for the removal of microbial surface contamination of foods of animal origin. Pending the collection and evaluation of such data, the Council considers it necessary to await the outcome thereof and, in the meantime, to reject the Commission’s proposal, HAS DECIDED AS FOLLOWS: Article 1 The proposal from the Commission for a Council Regulation implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the use of antimicrobial substances to remove surface contamination from poultry carcasses is rejected. Article 2 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 18 December 2008.

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Commission Regulation (EC) No 1882/2001 of 26 September 2001 on the issuing of system B export licences for fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as last amended by Regulation (EC) No 298/2000(2), and in particular Article 5(6) thereof, Whereas: (1) Commission Regulation (EC) No 1185/2001(3) fixed the indicative quantities laid down for the issue of export licences other than those requested in the context of food aid. (2) In the light of information now available to the Commission, the indicative quantities have been exceeded in the case of oranges, lemons, table grapes, apples and peaches. (3) Those overruns are without prejudice to compliance with the limits resulting from the agreements concluded in accordance with Article 300 of the Treaty. The rate of refund for all products covered by licences applied for under system B from 1 July to 16 September 2001 should be the indicative rate, HAS ADOPTED THIS REGULATION: Article 1 The percentages for the issuing of system B export licences, as referred to in Article 5 of Regulation (EC) No 2190/96, and applied for between 1 July and 16 September 2001, by which the quantities applied for and the rates of refund applicable must be multiplied, are as fixed in the Annex hereto. The above subparagraph does not apply to licences applied for in connection with food-aid operations as provided for in Article 10(4) of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations. Article 2 This Regulation shall enter into force on 27 September 2001. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 September 2001.

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COUNCIL REGULATION (EC) No 423/95 of 20 February 1995 amending Regulation (EEC) No 2997/87 laying down, in respect of hops, the amount of aid to producers for the 1986 harvest and providing for special measures for certain regions of production THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas, having regard to the imbalance on the market in bitter varieties, Regulation (EEC) No 2997/87 (3) lays down special varietal conversion measures; Whereas varietal conversion for hops would be more effective if it were accompanied by land consolidation measures; whereas such land consolidation measures are currently being implemented in the hop-growing regions of Spain; whereas the entire area under hops scheduled for varietal conversion should be subject to land consolidation prior to conversion; whereas the time required for the land consolidation operation would not allow for the implementation of subsequent varietal conversion for a large part of the area in question within the time limits set by Regulation (EEC) No 2997/87; Whereas the Portuguese Republic, the Kingdom of Belgium and the United Kingdom have encountered unforeseeable delays in the implementation of the conversion plans initially approved; whereas the duration of the conversion programmes for the four said Member States should therefore be extended with effect from 1 January 1995; Whereas Regulation (EEC) No 2997/87 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 The second subparagraph of Article 2 (1) of Regulation (EEC) No 2997/87 shall be replaced by the following: 'In the case of the Kingdom of Spain, the Portuguese Republic and the Kingdom of Belgium, the members of the producers' groups concerned shall undertake to implement the conversion plans before 31 December 1996. In the case of the United Kingdom, this date shall be 31 December 1995.' Article 2 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. It shall apply from 1 January 1995. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 February 1995.

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COMMISSION REGULATION (EC) No 1452/2007 of 7 December 2007 concerning the classification of certain goods in the Combined Nomenclature THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof, Whereas: (1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. (2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. (3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table. (4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). (5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table. Article 2 Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92. Article 3 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 December 2007.

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Decision of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions of 26 March 2004 on the adoption of rules for implementing Regulation (EC) No 1049/2001 on public access to documents (2004/321/EC) THE ADMINISTRATIVE BOARD, Having regard to Council Regulation (EC) No 1649/2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76(1), Whereas: (1) The general principles and limits governing right of access to documents As provided for in Article 255 of the Treaty have been laid down by Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(2). (2) When Regulation (EC) No 1049/2001 was adopted, the three institutions agreed in a joint declaration that the Agencies and similar bodies should implement rules conforming to those of that Regulation. (3) Regulation (EC) No 1649/2003 of 18 June 2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76 states that Regulation EC 1049/2001 shall apply to documents held by the Foundation. (4) Regulation (EC) No 1649/2003 states also that the Administrative Board shall adopt practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of 29 September 2003, or entry into force of Council Regulation (EC) No 1649/2003. (5) Clear rules will assist smooth administration by helping those responsible to deal accurately and rapidly with applications made by the public, HAS ADOPTED THIS DECISION: Article 1 Applicability and scope 1. The right of access concerns documents held by the Foundation, that is to say, documents drawn up or received by it and in its possession. 2. Citizens of the European Union and natural or legal persons residing or having their registered office in a Member State shall exercise right of access to Foundation documents pursuant to Article 2(1) of Regulation (EC) No 1049/2001. 3. Pursuant to Article 2(2) of Regulation (EC) No 1049/2001, citizens of third countries not residing in a Member State and legal persons not having their registered office in one of the Member States shall enjoy the right of access to Foundation documents on the same terms as the beneficiaries referred to in Article 2(1) of Regulation (EC) No 1049/2001. Article 2 Applications for access 1. Applications for access to Foundation documents which are not publicly available shall be made in written form, including electronic form and in a sufficiently precise manner to enable the Foundation to identify the documents. 2. The Foundation shall answer initial and confirmatory access applications within 15 working days from the date of registration of the application. 3. In the case of complex or bulky applications, the deadline may be extended by 15 working days. Reasons must be given for any extension of the deadline and it must be notified to the applicant beforehand. 4. If an application is imprecise, as referred to in Article 6(2) of Regulation (EC) No 1049/2001, the Foundation shall ask the applicant to provide additional information making it possible to identify the documents requested; the deadline for reply shall run only from the time when the Foundation has this information. 5. Any decision which is partly negative shall state the reason for the refusal based on one of the exceptions listed in Article 4 of Regulation (EC) No 1049/2001. Article 3 Treatment of initial applications 1. As soon as the application is registered, an acknowledgement of receipt shall be sent to the applicant, unless the answer can be sent by return post. The acknowledgement of receipt and the answer shall be sent in writing, where appropriate, by electronic means. 2. The applicant shall be informed of the response to his application by the Head of Administration. 3. In the event of a total or partial refusal, the applicant may within 15 working days of receiving the Foundation's reply, make a confirmatory application asking the Foundation to reconsider its position 4. Failure by the Foundation to reply within the prescribed time limit shall entitle the applicant to make a confirmatory application. Article 4 Treatment of confirmatory applications 1. The Director shall take the decisions refusing access relating to confirmatory applications. He shall inform the Administrative Board of the Foundation of such actions. 2. The decision shall be notified to the applicant in writing, or where appropriate by electronic means, and shall specify which of the exceptions provided for in Article 4 of Regulation (EC) No 1049/2001 it is based on and the reasons for it. It shall also inform him of his right to bring an action before the Court of First Instance or to lodge a complaint with the European Ombudsman. Article 5 Consultations 1. Where the Foundation receives an application for access to a document which it holds but which originates from a third party, the Foundation shall check whether one of the exceptions provided for under Article 4 of the Regulation applies. 2. If, after that examination, the Foundation considers that access to it must be refused under one of the exceptions provided for by Article 4 of Regulation (EC) No 1049/2001, the negative answer shall be sent to the applicant without consultation of the third-party author. 3. The Foundation shall grant the application without consulting the third-party author where: (a) the document requested has already been disclosed either by its author or under the Regulation or similar provisions; (b) the disclosure, or partial disclosure, of its contents will not affect one of the interests referred to in Article 4 of the Regulation. Article 6 Exercise of the right of access 1. Documents shall be sent by mail, fax or, if available, by e-mail. If documents are voluminous or difficult to handle, the applicant may be invited to consult the documents on the spot. This consultation shall be free of charge. 2. If the document has been published, the answer shall consist of the publication references and/or the place where the document is available and where appropriate, of its web address on the Foundation's website. 3. If the volume of the documents requested exceeds twenty pages, the applicant may be charged a fee of EUR 0,40 per page plus carriage costs. The charges for other media shall be decided case by case but shall not exceed a reasonable amount. Article 7 Register of documents 1. In order to make citizen's rights deriving from Regulation (EC) No 1049/2001 effective, the Foundation shall provide access to a register of documents available through the Foundation's internet site. 2. The register shall contain the title of the document, a unique reference, the subject matter and/or a short description of the document and the date on which it was received or drawn up and recorded in the register. Article 8 Documents directly accessible to the public 1. This Article applies only to documents drawn up or received after the date from which Regulation (EC) No 1049/2001 applies. 2. The following documents shall be automatically provided on request and as far as possible made directly accessible: (a) agendas and final minutes of meetings of the Administrative Board and Bureau; (b) decisions adopted by the Administrative Board and Bureau; (c) documents originating from third parties which have already been disclosed by their author or with his consent; (d) documents already disclosed following a previous application. Article 9 Report The Foundation shall publish annually as part of the Annual Report, information concerning the implementation of this decision, in particular statistics on the number of requests for access to documents of the Foundation, the number of refusals and the reasons for such refusals. Article 10 Entry into force This decision shall be published in the Official Journal of the European Union and shall enter into force on the day of its publication. Done at Dublin, 26 March 2004. For the Administrative Board Marjaana Valkonen (1) OJ L 245, 29.9.2003, p. 25. (2) OJ L 145, 31.5.2001, p. 43.

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COMMISSION REGULATION (EEC) No 1879/92 of 6 July 1992 re-establishing the levying of customs duties on products of categories 72, 88 and 97 (order Nos 40.0720, 40.0880 and 40.0970), originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended into 1992 by Council Regulation (EEC) No 3587/91 (2), and in particular Article 12 thereof, Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for each category of products in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level; Whereas, in respect of products of categories 72, 88 and 97 (order Nos 40.0720, 40.0880 and 40.0970), originating in China, the relevant ceilings amount to 38 000 pieces, 2 tonnes and 4 tonnes respectively; Whereas on 5 February 1992 imports of the products in question into the Community, originating in China, a country covered by preferential tariff arrangements, reached and were charged against that ceiling; Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to China, HAS ADOPTED THIS REGULATION: Article 1 As from 12 July 1992 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in China: TABLE POSITION Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 July 1992.

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***** COUNCIL DECISION of 6 March 1989 determining the powers and conditions of operation of the Commuity reference laboratories provided for by Directive 86/469/EEC concerning the examination of animals and fresh meat for the presence of residues (89/187/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (1), and in particular Article 8 (2) thereof, Having regard to the proposal from the Commission, Whereas Article 8 (2) of the aforementioned Directive provides that the Council shall designate Community reference laboratories which shall be responsible for coordinating inspections for residues and shall determine the powers and conditions for the activities of such laboratories; Whereas it is appropriate to define such powers and conditions at this stage while informing the laboratories, which will be designated later, of the functions they will be required to fulfil and of the minimum requirements which they will have to satisfy, HAS ADOPTED THIS DECISION: Article 1 The functions of Community reference laboratories shall be: (a) to coordinate the application, within the various national reference laboratories, of good laboratory practice, in accordance with Directives 87/18/EEC (2) and 88/320/EEC (3); (b) to provide national reference laboratories with details of analytical methods and the comparative tests to be conducted, and to inform them of the results of such tests; (c) to provide national reference laboratories, at their request, with technical advice on the analysis of the substances for which they have been designated the Community reference laboratory; (d) to distribute blank samples and samples containing known amounts of analyte to be analysed blind in comparative tests to be carried out by national reference laboratories; (e) to organize comparative tests between the various reference laboratories, the frequency of which shall be determined under the contracts to be concluded between the Commission and such laboratories and each time a new reference method is introduced under Community rules; (f) to promote and coordinate research into new analytical methods and to inform national reference laboratories of advances in analytical methods and equipment; (g) to identify residues and determine their concentration in cases where the results of an analysis give rise to a disagreement between Member States; (h) to conduct initial and further training courses for the benefit of analysts from national laboratories; (i) to provide the Commission services, including the Community Reference Bureau, with technical and scientific assistance; (j) to compile a report on each year's work and transmit it to the Commission; (k) to liaise, in the field of analytical methods and equipment, with the national reference laboratories designated by third countries in the plans to be submitted in accordance with Article 7 (2) of Directive 86/469/EEC. Article 2 In order to perform the functions specified in Article 1, Community reference laboratories must satisfy the following minimum requirements: (a) have suitably qualified staff who are adequately trained in analytical methods used for the residues for which they have been designated the Community reference laboratory; (b) possess the equipment and substances needed to carry out the analyses for which they are responsible; (c) have an adequate administrative infrastructure; (d) have sufficient data-processing capacity to produce statistics based on their findings and to enable rapid communication of those statistics and other information to national reference laboratories and the Commission; (e) ensure that their staff respect the confidential nature of certain issues, results or communications; (f) have sufficient knowledge of international standards and practices; (g) have available an up-to-date list of reference substances held by the Community Reference Bureau and an up-to-date list of manufacturers and vendors of such substances. Article 3 (1) OJ No L 275, 26. 9. 1986, p. 36. (2) OJ No L 15, 17. 1. 1987, p. 29. (3) OJ No L 145, 11. 6. 1988, p. 35.

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COUNCIL DECISION of 18 June 1998 concerning the Agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (GNSS) (98/434/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75(1), Article 84(2) and Article 130m, in conjunction with the first sentence of Article 228(2), the first subparagraph of Article 228(3) and with Article 228(4) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas the Community can, within the scope of its powers, make a contribution to the implementation of a global navigation satellite system; Whereas the Agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (GNSS) should be approved, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (GNSS) is hereby approved on behalf of the Community. The text of the Agreement as well as the technical annexes thereto are attached to this Decision. Article 2 1. The Community shall be represented in the Joint Committee referred to in Article 5 of the Agreement by the Commission. 2. With regard to matters covered in Article 5(4) of the Agreement, the Community position shall be adopted by the Council on a proposal from the Commission; with regard to matters covered in Article 5(1), (2) and (3), the Community position shall be determined by the Commission after consultation with a Committee of representatives of the Member States. 3. The Commission shall be authorized to approve, on behalf of the Community, the amendments referred to in Article 5(4) of the Agreement. Article 3 The President of the Council shall be authorized to nominate the signatory of the Agreement on behalf of the Community. Done at Luxembourg, 18 June 1998.

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COMMISSION DECISION of 30 November 2009 amending Decision 2008/866/EC as regards its period of application (notified under document C(2009) 9326) (Text with EEA relevance) (2009/862/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(i) thereof, Whereas: (1) Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted as a result of contamination with the hepatitis A virus (HAV) of certain bivalve molluscs imported from Peru which were identified as being at the origin of an outbreak of hepatitis A in humans. That Decision initially applied until 31 March 2009 but this period of application was extended until 30 November 2009 by Commission Decision 2009/297/EC of 26 March 2009 amending Decision 2008/866/EC as regards its period of application (3). (2) The Peruvian authorities have provided information concerning the corrective measures put in place to improve control of the production of bivalve molluscs intended for export to the Community. (3) A Commission inspection mission has been carried out from 7 to 18 September 2009 in order to evaluate the control systems in place governing the production of bivalve molluscs and fishery products intended for export to the European Union. (4) The inspection visit verified that the Peruvian authorities are putting in place the corrective measures contained in the information they provided after the outbreak of hepatitis A. They are, in particular, completely reviewing the classification of the production areas and will also review the monitoring of the production areas as regards the sampling procedure and its frequency. These revisions are still ongoing. (5) In order to protect the health of consumers it is necessary to maintain the protective measures provided by Decision 2008/866/EC until the Peruvian authorities have completed the implementation of the corrective measures and the Commission has carried out a further inspection on the spot. It is therefore appropriate to extend the application of Decision 2008/866/EC until 30 November 2010, without prejudice of the power of the Commission to modify, repeal or extend those measures in the light of any new information related to the evolution of the situation in Peru and of the outcome of inspections by its services. (6) Decision 2008/866/EC should therefore be amended accordingly. (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, HAS ADOPTED THIS DECISION: Article 1 In Article 5 of Decision 2008/866/EC, the date ‘30 November 2009’ is replaced by the date ‘30 November 2010’. Article 2 This Decision is addressed to the Member States. Done at Brussels, 30 November 2009.

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COMMISSION REGULATION (EC) No 1692/2005 of 14 October 2005 fixing the import duties in the cereals sector applicable from 16 October 2005 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof, Whereas: (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, HAS ADOPTED THIS REGULATION: Article 1 The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II. Article 2 This Regulation shall enter into force on 16 October 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 October 2005.

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Council Decision of 30 September 2002 adopting a specific programme (Euratom) for research and training on nuclear energy (2002-2006) (2002/837/Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the first paragraph of Article 7 thereof, Having regard to the proposal from the Commission(1), Having regard to the Opinion of the European Parliament(2), Having regard to the Opinion of the Economic and Social Committee(3), Whereas: (1) By Decision No. 2002/668/Euratom(4) the Council adopted the Sixth Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities, also contributing to the creation of the European Research Area (2002-2006) (hereinafter referred to as "the framework programme") to be implemented by means of research and training programme(s) drawn up in accordance with Article 7 of the Treaty, which define the detailed rules for their implementation, fix their duration and provide for the means deemed necessary. (2) The rules for the participation of undertakings, research centres and universities for the implementation of the framework programme, (hereinafter referred to as "the rules for participation") should apply to this programme. (3) The Commission's administrative expenditure for the implementation of this programme reflects the high number of staff seconded to laboratories in the members States and to the ITER project. (4) Pending the conclusion of international negotiations on ITER and a possible decision on its joint implementation, European Community leadership in fusion research should be maintained. (5) This programme is open to the participation of countries having concluded the necessary agreements to this effect, and is also, except in the case of fusion research, open on the project level, and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation. (6) In implementing this programme, emphasis should be given to promoting mobility of researchers, and innovation, in the Community as well as international cooperation activities with third countries and international organisations. Special attention should be paid to the candidate countries. (7) Research activities carried out within this programme should respect fundamental ethical principles, including those reflected in Article 6 of the Treaty on the European Union and in the Charter of Fundamental Rights of the European Union, as well as the need to take into account public acceptability of these activities. (8) Following the Commission Communication "Women and Science" and the Resolutions of the Council of 20 May 1999(5) and 26 June 2000(6) and the Resolution of 3 February 2000 of the European Parliament(7) on this theme, an action plan is being implemented in order to reinforce and increase the place and role of women in science and research, which should ensure the respect of equality of opportunity, irrespective of gender. (9) This programme should be implemented in a flexible, efficient and transparent manner, taking account of relevant interests, in particular of the scientific, industrial, user and policy communities. The research activities carried out under it should be adapted where appropriate to the needs of Community policies and to scientific and technological developments. (10) Participation in the activities of this programme should be encouraged through publication of the necessary information on content, conditions and procedures, to be made available in a timely and thorough manner to potential participants, including those from the associated candidate countries and other associated countries. (11) The Commission should in due course arrange for an independent assessment to be conducted concerning the activities carried out in the fields covered by this programme. Such an assessment should be carrried out in a spirit of openness with respect to all the relevant actors. (12) The Scientific and Technical Committee has been consulted, HAS ADOPTED THIS DECISION: Article 1 1. In accordance with the framework programme, a specific programme for research and training on nuclear energy (hereinafter referred to as "the specific programme") is hereby adopted for the period from 30 September 2002 to 31 December 2006. 2. The objectives and scientific and technological priorities for the specific programme are set out in Annex I. Article 2 In accordance with Annex II to the framework programme, the amount deemed necessary for the execution of the specific programme is EUR 940 million, including a maximum of 16,5 % for the Commission's administrative expenditure. An indicative breakdown of this amount is given in Annex II to this decision. Article 3 All research activities carried out under the specific programme shall be carried out in compliance with fundamental ethical principles. Article 4 1. The detailed rules for financial participation by the Community in the specific programme shall be those referred to in Article 2(2) of the framework programme. 2. The specific programme shall be implemented by means of instruments defined in Annex III. 3. The rules for participation shall apply to the specific programme. Article 5 1. The Commission shall draw up a work programme for the implementation of the specific programme, setting out in greater detail the objectives and scientific and technological priorities set out in Annex I, the timetable for implementation and the instruments to be used. 2. The work programme shall take account of relevant research activities carried out by the Member States, Associated States, European and international organisations. It shall be updated where appropriate. Article 6 1. The Commission shall be responsible for the implementation of the specific programme. 2. For the purposes of implementing the specific programme the Commission shall be assisted by a consultative committee. The members of this committee can vary according to the different subjects on the committee's agenda. For fission-related aspects, the composition of this committee and the detailed operational rules and procedures applicable to it shall be as laid down in Council Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 dealing with structures and procedures for the management and coordination of Community research, development and demonstration activities(8). For the fusion-related aspects they shall be as laid down in the Commission Decision of 16 December 1980 dealing with the consultative committee for the fusion programme. Article 7 1. The Commission shall regularly report on the overall progress of the implementation of the specific programme, in accordance with Article 5(2) of the framework programme, information on financial aspects shall be included. 2. The Commission shall arrange for the independent monitoring and assessment provided for in Articles 5 and 6 of the framework programme to be conducted concerning the activities carried out in the fields covered by the specific programme. Article 8 This Decision is addressed to the Member States. Done at Brussels, 30 September 2002.

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COMMISSION REGULATION (EEC) No 1962/93 of 20 July 1993 providing for the grant of compensation to producers' organizations in respect of tuna delivered to the canning industry during the period 1 October to 31 December 1992 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery products (1), as amended by Regulation (EEC) No 697/93 (2), and in particular Article 18 (8) thereof, Whereas the compensation referred to in Article 18 of Regulation (EEC) No 3759/92 is granted, under certain conditions, to Community tuna producers' organizations in respect of quantities of tuna delivered to the canning industry, during the calendar quarter for which prices were recorded, where the average quarterly price recorded on the Community market and the free-at-frontier price, plus, if necessary, the countervailing charge, are both lower than 93 % of the Community producer price for the product in question; Whereas examination of the situation of the Community market has shown that for two species of the product in question, for the period 1 October to 31 December 1992, both the average quarterly market price and the free-at-frontier price referred to in Article 18 of Regulation (EEC) No 3759/92 were lower than 93 % of the Community producer price in force as laid down in Council Regulation (EEC) No 3570/91 of 28 November 1991 fixing, in respect of the 1992 fishing year, the Community producer price for tuna intended for the industrial manufacture of products falling within CN code 1604 (3); Whereas the quantities eligible for compensation, within the meaning of Article 18 (2) of Regulation (EEC) No 3759/92, shall not under any circumstances exceed, for the quarter concerned, the limits laid down in paragrph 4 of that Article; Whereas during the quarter concerned the quantities sold and delivered to canning industries established in Community customs territory are, in the case of two presentations of yellowfin tuna, higher than those sold and delivered during the same quarter of the last three fishing years; whereas these quantities exceed the limits set in the first indent of Article 18 (4) of Regulation (EEC) No 3759/92, the total quantities of these products should therefore be limited to those eligible for compensation and the quantities granted to each producers' organization concerned should be determined in accordance with their respective output during the same quarter of the 1984 to 1986 fishing years; Whereas, the granting of compensation for the products in question should be decided for the period from 1 October to 31 December 1992; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION: Article 1 The compensation referred to in Article 18 of Regulation (EEC) No 3759/92, with the exception of that relating to yellowfin tuna, shall be granted for the period 1 October to 31 December 1192, in respect of the products listed and within the limits set out below: /* Tables: see OJ */ Article 2 1. The total quantities of products set out below that may be eligible for the allowance are hereby limited for the two presentations of yellowfin tuna, as follows: Yellowfin tuna, larger than 10 kg: 16 016 tonnes, Yellowfin tuna, 10 kg or less: 3 017 tonnes. 2. The allocation of the total quantities amongst the producers' organizations concerned is specified in the Annex hereto. Article 3 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 July 1993.

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COUNCIL DECISION of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) (91/119/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas by Decision 89/118/EEC (4), the Council adopted a European Stimulation Plan for Economic Science (1989 to 1992); whereas Article 5 of this Decision authorizes the Commission to negotiate agreements with third countries and in particular with those European countries having concluded framework agreements for scientific and technical cooperation with the Community with a view to associating them wholly or partly with the programme; Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of Norway; Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) should be approved, HAS DECIDED AS FOLLOWS: Article 1 The Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council shall carry out the notification as provided for in Article 10 of the Agreement. Done at Brussels, 25 February 1991.

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***** COUNCIL DECISION of 27 November 1989 amending Decision 87/279/EEC on Community financial participation with regard to the facilities for the monitoring and supervision of fishing activities in waters falling under the sovereignty or within the jurisdiction of Portugal (89/609/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas, in a declaration attached to the Act of Accession of Spain and Portugal, the Community declared that Community support for monitoring and supervising waters falling under the sovereignty or within the jurisdiction of Portugal might be envisaged; Whereas Decision 87/279/EEC (1) provides that the Community will participate in the financing of expenditure incurred by Portugal between 1 January 1988 and 31 December 1989 in respect of operations to conclude, modernize and improve its facilities for monitoring and supervision with a view to proper enforcement of the relevant provisions of the common fisheries policy in waters falling under its sovereignty or jurisdiction; Whereas the said operations include the building of patrol vessels, the purchase of equipment for surveillance aircraft and the purchase and installation of technical and electronic equipment; Whereas implementation of the said operations has been delayed because of the complexity of designing equipment which must be particularly sophisticated to ensure true effectiveness in the inspection and surveillance of very large fishing areas; Whereas the investments planned by Portugal cannot therefore be fully implemented before 1 January 1990; whereas the time limit laid down should be deferred in the Community interest to enable the planned work to be completed and to ensure Community financial participation in the expenditure involved; Whereas the estimates of eligible expenditure must be adjusted on the basis of the observed trend of costs; whereas, therefore, provision should be made for the Commission decision relating to the eligibility of expenditure to be amended, HAS ADOPTED THIS DECISION: Article 1 Decision 87/279/EEC is hereby amended as follows: 1. Article 1 (2) is replaced by the following: '2. The Community shall reimburse, at a rate of 50 % and subject to a maximum of ECU 12 million, the eligible expenditure incurred by Portugal from 1 January 1988 to 31 December 1991.' 2. The following sentence is added to point 4 of the Annex: 'The Commission may amend its decision as to the eligibility of expenditure on the basis of the observed trend of costs.' Article 2 This Decision is addressed to the Portuguese Republic. Done at Brussels, 27 November 1989.

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COMMISSION DECISION of 28 October 2005 amending Decision 93/52/EEC as regards the declaration that the province of Grosseto in the Region of Toscana in Italy is free of brucellosis (B. melitensis) and Decision 2003/467/EC as regards the declaration that France is free of bovine brucellosis (notified under document number C(2005) 4187) (Text with EEA relevance) (2005/764/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex A(II)(7) thereto, Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (2), and in particular Annex A, Chapter 1(II) thereto, Whereas: (1) Commission Decision 93/52/EEC of 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease (3), lists the regions of Member States which are recognised as officially free of brucellosis (B. melitensis) in accordance with Directive 91/68/EEC. (2) In the province of Grosseto in the Region of Toscana, at least 99,8 % of the ovine or caprine holdings are officially brucellosis-free holdings. In addition, that province has undertaken to comply with certain other conditions laid down in Directive 91/68/EEC concerning random checks to be carried out following recognition of the concerned province as brucellosis-free. (3) The province of Grosseto in the Region of Toscana should therefore be recognised as officially free of brucellosis (B. melitensis) as regards ovine or caprine holdings. (4) The lists of regions of Member States declared free of bovine tuberculosis, bovine brucellosis and enzootic bovine leukosis are set out in Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (4). (5) Following evaluation by the Commission of the documentation submitted by France, to demonstrate compliance with the appropriate conditions provided for in Directive 64/432/EEC as regards the freedom from bovine brucellosis, the whole of that Member State should be declared officially free of bovine brucellosis. (6) Decisions 93/52/EEC and 2003/467/EC should therefore be amended accordingly. (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, HAS ADOPTED THIS DECISION: Article 1 Annex II to Decision 93/52/EEC is amended in accordance with Annex I to this Decision. Article 2 Annex II to Decision 2003/467/EC is amended in accordance with Annex II to this Decision. Article 3 This Decision is addressed to the Member States. Done at Brussels, 28 October 2005.

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COMMISSION REGULATION (EC) No 941/2008 of 25 September 2008 laying down form and content of the accounting information to be submitted to the Commission for the purpose of the clearance of the accounts of the EAGF and EAFRD as well as for monitoring and forecasting purposes THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42 thereof, Whereas: (1) Article 8(1) of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (2) provides that the form and content of the accounting information referred to in Article 7(1)(c) of that Regulation and the way it is to be forwarded to the Commission are to be established. (2) The form and content of the accounting information to be submitted to the Commission for the purpose of the clearance of the accounts of the European Agricultural Guarantee Fund (EAGF) and of the European Agricultural Fund for Rural Development (EAFRD) as well as for monitoring and forecasting purposes are presently laid down in Commission Regulation (EC) No 1042/2007 (3). (3) The Annexes to Regulation (EC) No 1042/2007 cannot be used for their intended purposes in the financial year 2009. Regulation (EC) No 1042/2007 should therefore be repealed and replaced by a new regulation setting out the form and content of the accounting information for that financial year. (4) The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Funds Committee, HAS ADOPTED THIS REGULATION: Article 1 The form and content of the accounting information referred to in Article 7(1)(c) of Regulation (EC) No 885/2006 and the way it is to be forwarded to the Commission shall be as set out in Annexes I (X Table), II (Technical specifications for the transfer of computer files to the EAGF and EAFRD), III (Aide-memoire) and IV (Structure of EAFRD budget codes [F109]) to this Regulation. Article 2 Regulation (EC) No 1042/2007 is repealed with effect from 16 October 2008. Article 3 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union. It shall apply from 16 October 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 September 2008.

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COMMISSION DECISION of 7 May 1997 on the approval of the single programming document for Community structural assistance in the Land Hessen concerned by Objective 2 in the Federal Republic of Germany (Only the German text is authentic) (97/696/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10 (1) last subparagraph thereof, After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty, Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (6) to 9 (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas however the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a single programming document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopt a single decision in a single document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3); Whereas the Commission has established, by Decision 96/472/EC (4), the list of declining industrial areas concerned by Objective 2 for the programming period from 1997 to 1999; Whereas the global maximum allocation foreseen for the assistance of the Structural Funds for the present single programming document is composed of resources coming from the indicative allocation of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 resulting from Commission Decision 96/468/EC (5) and from unused appropriations of ECU 4,991 million of the corresponding single programming document covering the period 1994 to 1996, pursuant to Commission Decision C(96) 3052 of 20 November 1996; Whereas the German Government has submitted to the Commission on 9 August 1996 the single programming document as referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for the Land Hessen; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this single programming document is eligible as from that date; Whereas the single programming document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the single programming document; Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments; Whereas the EIB has been involved in the drawing up of the single programming document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs; Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives; Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (8), as amended by Regulation (EEC) No 2083/93 (9), defines the measures for which the ERDF may provide financial support; Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (10), as amended by Regulation (EEC) No 2084/93 (11), defines the measures for which the ESF may provide financial support; Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88; Whereas the single programming document satisfies the conditions and includes the information required by Article 14 of Regulation (EEC) No 4253/88; Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund; Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (12), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (13), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted; Whereas Article 20 (3) of Regulation (EEC) No 4253/88 provides, subject to available funding, for a single commitment where the Community assistance granted is less than ECU 40 million for the whole programming period; Whereas it is appropriate to mention that this Decision is ruled by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision C(97) 1035/5 of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of the Federal Republic of Germany; Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with, HAS ADOPTED THIS DECISION: Article 1 The single programming document for Community structural assistance in the Land Hessen concerned by Objective 2 in the Federal Republic of Germany, covering the period 1 January 1997 to 31 December 1999, is hereby approved. Article 2 The single programming document includes the following essential elements: (a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies of the Federal Republic of Germany; the main priorities are: 1. modernization and diversification of the economic structure, 2. qualification; (b) the assistance from the Structural Funds as referred to in Article 4; (c) the detailed provisions for implementing the single programming document comprising: - the procedures for monitoring and evaluation, - the provisions on financial implementation, - the rules for compliance with Community policies; (d) the procedures for verifying additionality and an initial evaluation of the latter; (e) the arrangements for associating the environmental authorities with the implementation of the single programming document; (f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned. Article 3 1. For the purpose of indexation, the annual breakdown of the global maximum allocation foreseen for the assistance from the Structural Funds is as follows: TABLE 2. To this global maximum allocation is added an amount of ECU 4,991 million not subject to indexation, resulting from unused appropriations of the corresponding single programming document covering the period 1994 to 1996. Article 4 The assistance from the Structural Funds granted to the single programming document amounts to a maximum of ECU 29,966 million. The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the single programming document. The national financial contribution envisaged, which is approximately ECU 21,103 million for the public sector and ECU 27,180 million for the private sector, may be met in part by Community loans, in particular from the EIB. Article 5 1. The breakdown among the Structural Funds of the total Community assistance available is as follows: - ERDF: ECU 26,467 million, - ESF: ECU 3,499 million. 2. The budgetary commitments at the moment of approval of the single programming document refer to the total Community assistance. Article 6 The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88. Article 7 The Community aid concerns expenditure on operations under the single programming document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001. Article 8 The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts. Article 9 This Decision is ruled by the provisions laid down in the Annex to Decision C(97) 1035/5. Article 11 This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 7 May 1997.

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COMMISSION REGULATION (EC) No 1493/2007 of 17 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for the report to be submitted by producers, importers and exporters of certain fluorinated greenhouse gases THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (1), and in particular Article 6(2) thereof; Whereas: (1) The data to be submitted by the importers and producers should include estimates of quantities of fluorinated greenhouse gases expected to be used in the main applications, including the quantities expected to be used as feedstock, in order to provide additional information for the Commission and the Member States with the objective of acquiring emission data for the relevant sectors. (2) Producers purchase and sell fluorinated greenhouse gases from and to other producers for commercial reasons and in these cases only the purchasing producer can report on the quantities of those substances expected to be used in the main applications. (3) Stakeholders have been consulted on the format of the report and their experience in reporting under Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (2) has been taken into account. (4) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000, HAS ADOPTED THIS REGULATION: Article 1 The format of the report referred to in Article 6(1) of Regulation (EC) No 842/2006 is set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 December 2007.

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COMMISSION REGULATION (EC) No 1984/96 of 16 October 1996 amending Regulation (EEC) No 2165/92 laying down detailed rules for the application of the specific measures for Madeira and the Azores as regards potatoes and endives THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products (1), as last amended by Commission Regulation (EC) No 2537/95 (2), and in particular Article 10 thereof, Whereas, pursuant to Articles 2 and 3 of Regulation (EEC) No 1600/92, Commission Regulation (EEC) No 2165/92 (3), as last amended by Regulation (EC) No 1483/95 (4), establishes the quantity of seed potatoes in the forecast supply balance for Madeira for the 1995/96 marketing year; whereas the forecast supply balance for seed potatoes for Madeira for 1996/97 should be established; whereas that supply balance must be established on the basis of the requirements of Madeira and taking account in particular of traditional trade patterns; Whereas, pursuant to Article 3 (2) of Regulation (EEC) No 1600/92, the aid for the supply of seed potatoes to Madeira from the rest of the Community should be set for the 1996/97 marketing year at a level ensuring that seed potatoes are supplied under conditions which are equivalent for the end user to exemption from customs duties on imports of seed potatoes originating in third countries; whereas the aid must be set taking account in particular of the cost of supplying the products from the world market; whereas the security ensuring compliance by operators with their obligations should also be fixed; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2165/92 is hereby amended as follows: 1. Article 1 is replaced by the following: 'Article 1 For the purposes of Articles 2 and 3 of Regulation (EEC) No 1600/92, the quantity of seed potatoes covered by CN code 0701 10 00 in the forecast supply balance and qualifying for exemption from customs duty, when imported directly into Madeira from third countries or for Community aid shall be 2 000 tonnes for the period 1 July 1996 to 30 June 1997.` 2. Article 2 is replaced by the following: 'Article 2 Pursuant to Article 3 (2) of Regulation (EEC) No 1600/92, aid shall be granted for the supply of seed potatoes to Madeira from the Community market in accordance with the forecast supply balance. The aid shall be ECU 4,226 per 100 kilograms.` 3. Article 4 (1) (b) is replaced by the following: '(b) evidence is provided, before the deadline for the submission of applications, that the party concerned has lodged a security of ECU 2,113 per 100 kilograms.` Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 July 1996. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 October 1996.

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COMMISSION REGULATION (EEC) No 1256/91 of 14 May 1991 laying down detailed rules governing the grant of private storage aid for Pecorino Romano cheese THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 3641/90 (2), and in particular Articles 9 (3) and 28 thereof, Whereas Council Regulation (EEC) No 508/71 of 8 March 1971 laying down general rules on private storage aid for long-keeping cheeses (3) permits the granting of private storage aid for sheep's milk cheeses requiring at least six months for maturing where a serious market imbalance could be eliminated or reduced by seasonal storage; Whereas the market in Pecorino Romano cheese is at present disturbed by the existence of stocks which are difficult to sell and which are causing a lowering of prices; whereas seasonal storage should therefore be introduced for the quantities to improve the situation and allow producers time to find outlets for their cheese; Whereas the detailed rules for the application of such measures should essentially be the same as those laid down for a similar measure during previous years; Whereas experience of the different private storage arrangements for agricultural products indicates that it should be specified to what extent Council Regulation (EEC, Euratom) No 1182/71 (4) is applicable for determination of the periods, dates and time limits mentioned in these arrangements and that the dates of the beginning and end of storage under contract should be precisely defined; Whereas experience shows that provisions on checks should be laid down, particularly as regards the documents to be submitted and checks to be made on the spot; whereas therefore, it should be provided that Member States require the costs of checks be fully or partly borne by the contractor; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products, HAS ADOPTED THIS REGULATION: Article 1 Aid shall be granted in respect of the private storage of 14 000 tonnes of Pecorino Romano cheese manufactured in the Community and satisfying the requirements of Articles 2 and 3. Article 2 1. The intervention agency shall conclude storage contracts only when the following conditions are met: (a) the quantity of cheese to which the contract relates is not less than two tonnes; (b) the cheese was manufactured at least 90 days before the date specified in the contract as being the date of commencement of storage, and after 1 November 1990; (c) the cheese has undergone tests which show that it meets the condition laid down in (b) and that it is of first quality; (d) the storer undertakes: - to keep the cheese during the entire period of storage in premises where the maximum temperature is +16 °C, - not, during the term of the contract, to alter the composition of the batch which is the subject of the contract without authorization from the intervention agency. If the condition concerning the minimum quantity fixed for each batch continues to be met, the intervention agency may authorize an alteration which is limited to the removal or replacement of cheeses which are found to have deteriorated to such an extent that they can no longer be stored. In the event of release from store of certain quantities: (i) if the aforesaid quantities are replaced with the authorization of the intervention agency, the contract is deemed not to have undergone any alteration, (ii) if the aforesaid quantities are not replaced, the contract is deemed to have been concluded ab initio for the quantity permanently retained. Any supervisory costs arising from an alteration shall be met by the storer, - to keep stock accounts and to inform the intervention agency each week of the quantity of cheese put into from storage during the previous week and of any planned withdrawals. 2. The storage contract shall be concluded: (a) in writing, stating the date when storage covered by the contract begins; this may not be earlier than the day following that on which the operations connected with putting the batch of cheese covered by the contract into storage were completed; (b) after completion of the operations connected with putting the batch of cheese covered by the contract into storage and at the latest 40 days after the date on which the storage covered by the contract begins. Article 3 1. Aid shall be granted only for cheese ut into storage during the period 15 May to 31 December 1991. 2. No aid shall be granted in respect of storage under contract for less than 60 days. 3. The aid payable may not exceed an amount corresponding to 150 days storage under contract terminating before 31 March 1992. By way of derogation from the second indent of Article 2 (1) (d), when the period of 60 days specified in paragraph 2 has elapsed, the storer may remove all or part of the batch under contract. The minimum quantity that may be removed shall be 500 kilograms. The Member States may, however, increase this quantity to two tonnes. The date of the start of operations to remove cheese covered by the contract shall not be included in the period of storage under contract. Article 4 1. The amount of aid shall be ECU 2,24 per tonne per day. 2. The amount of aid in ecus in relation to a storage contract shall be that applying on the first day of storage under contract. It shall be converted into national currency at the representative rate applicable on the last day of storage under contract. 3. Aid shall be paid not later than 90 days from the last day of storage under contract. Article 5 The periods, dates and time limits mentioned in this Regulation shall be determined in accordance with Regulation (EEC, Euratom) No 1182/71. However, Article 3 (4) of that Regulation shall not apply for determination of the duration of storage under contract. Article 6 1. The Member States shall ensure that the conditions granting entitlement to payment of the aid are fulfilled. 2. The contractor shall make available to the national authorities responsible for verifying execution of the measure any documentation permitting in particular the following particulars of products placed in private storage to be verified: (a) owership at the time of entry into storage; (b) the origin and date of manufacture of the cheeses; (c) the date of entry into storage; (d) presence in the store; (e) the date of removal from storage. 3. The contractor or, where applicable, the operator of the store shall keep stock accounts available at the store, covering: (a) identification, by contract number, of the products placed in private storage; (b) the dates of entry, into and removal from storage; (c) the number of cheeses and their weight shown for each lot; (d) the location of the products in the store. 4. Products stored must be easily identifiable and must be identified individually by contract. A special mark shall be affixed to cheese covered by contract. 5. Without prejudice to Article 2 (1) (d), on entry into storage, the competent bodies shall conduct checks in particular to ensure that products stored are eligible, for the aid and to prevent any possibility of substitution of products during storage under contract. 6. The national authorities responsible for controls shall undertake: (a) an unannounced check to see that the products are present in the store. The sample concerned must be representative and must correspond to at least 10 % of the overall quantity under contract for a private storage aid measure. Such checks must include, in addition to an examination of the accounts referred to in paragraph 3, a physical check of the weight and type of product and their identification. Such physical checks must relate to at least 5 % of the quantity subject to the unannounced check; (b) a check to see that the products are present at the end of the storage period under contract. 7. Checks conducted pursuant to paragraphs 5 and 6 must be the subject of a report stating: - the date of the check, - its duration, - the operations conducted. The report on checks must be signed by the official responsible and countersigned by the contractor or, where applicable, by the store operator. 8. In the case of irregularities affecting at least 5 % of the quantities of products subject to the checks the latter shall be extended to a larger sample to be determined by the competent body. The Member States shall notify such cases to the Commission within four weeks. 9. The Member States may provide that the costs of checks will be borne partly or fully by the contractor. Article 7 Member States shall communicate to the Commission on or before the Tuesday of each week: (a) the quantity of cheese for which storage contracts have been concluded during the previous week; (b) any quantities in respect of which the authorization referred to in the second indent of Article 2 (d) has been given. Article 8 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply with effect from 15 May 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1991.

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COUNCIL DIRECTIVE of 11 September 1979 on the approximation of the laws of the Member States relating to hot-water meters (79/830/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas in the Member States the construction and the methods of control of hot-water meters are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such instruments ; whereas it is therefore necessary to approximate these provisions; Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), as amended by the Act of Accession (4), laid down the EEC pattern approval and EEC initial verification procedures ; whereas, in accordance with that Directive, the technical requirements for the design and functioning of hot-water meters should be laid down ; whereas such requirements must be met, and the controls must be carried out, and the appropriate signs and marks affixed, before these instruments can be freely imported, marketed and used, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive shall apply to hot-water meters intended for the continuous determination of the volume of hot water passing through them. Such meters shall be provided with a measuring device linked to an indicating device. For the purpose of this Directive, "hot water" shall be water the temperature of which exceeds 30 ºC but does not exceed 90 ºC. Hot-water meters for incorporation in circulatory systems for the transfer of thermal energy are excluded from the scope of this Directive. Article 2 Hot-water meters to which the EEC marks and signs may be affixed are described in the Annex to this Directive. They shall be subject to EEC pattern approval and shall be submitted for EEC initial verification. (1)OJ No C 131, 5.6.1978, p. 85. (2)OJ No C 269, 13.11.1978, p. 44. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14. Article 3 No Member State may refuse, prohibit or restrict the placing on the market or entry into service of hot-water meters bearing the EEC pattern approval sign and the EEC initial verification mark, on the grounds of their metrological properties. Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1982 and shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 5 This Directive is addressed to the Member States. Done at Brussels, 11 September 1979.

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COUNCIL REGULATION (EC) No 1947/2005 of 23 November 2005 on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 36 and the third subparagraph of Article 37(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) The operation and development of the common market in agricultural products should be accompanied by the establishment of a common agricultural policy to include, in particular, a common organisation of the agricultural markets which may take various forms depending on the product concerned. (2) Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organisation of the market in seeds (3) has been substantially amended several times, particularly by Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (4). In the interests of clarity, Regulation (EEC) No 2358/71 should be repealed and replaced by a new Regulation. (3) The provisions of Council Regulation (EEC) No 1674/72 of 2 August 1972 laying down general rules for granting and financing aid for seed (5) were incorporated into the implementing rules in Chapter 10 of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (6). Regulation (EEC) No 1674/72 should therefore be repealed. (4) In order to monitor the volume of trade in seeds with third countries, provision should be made for an import licence scheme with the lodging of a security to ensure that the transactions for which such licences are requested are effected. (5) The system of customs duties makes it possible to dispense with all other protective measures in the case of goods imported from third countries. (6) The internal market and customs duty mechanism could, in exceptional circumstances, prove inadequate. In such cases, in order not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. Those measures should comply with the Community’s international obligations. (7) The proper working of the internal market in seeds would be jeopardised by the granting of national aid. The provisions of the Treaty governing State aid should, therefore, apply to the products covered by this common market organisation. However, since accession, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions. (8) Since the common market in seeds is constantly evolving, the Member States and the Commission should keep each other supplied with information relevant to developments in this area. (9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), HAS ADOPTED THIS REGULATION: CHAPTER I INTRODUCTORY PROVISIONS Article 1 A common organisation of the market in seeds shall be established and shall cover the following products: CN code Description of goods 0712 90 11 Sweetcorn hybrids for sowing 0713 10 10 Peas (Pisum sativum) for sowing ex 0713 20 00 Chickpeas for sowing ex 0713 31 00 Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek for sowing ex 0713 32 00 Small red (Adzuki) beans (Phaseolus or Vigna angularis) for sowing 0713 33 10 Kidney beans, including white pea beans (Phaseolus vulgaris) for sowing ex 0713 39 00 Other beans for sowing ex 0713 40 00 Lentils for sowing ex 0713 50 00 Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. mino) ex 0713 90 00 Other dried leguminous vegetables for sowing 1001 90 10 Spelt for sowing ex 1005 10 Hybrid maize (corn) seed 1006 10 10 Rice in the husk (paddy or rough) for sowing 1007 00 10 Grain sorghum hybrids for sowing 1201 00 10 Soya beans, whether or not broken, for sowing 1202 10 10 Groundnuts, not roasted or otherwise cooked, in shell, for sowing 1204 00 10 Linseed, whether or not broken, for sowing 1205 10 10 Rape or colza seeds, whether or not broken, for sowing 1206 00 10 Sunflower seeds, whether or not broken, for sowing ex 1207 Other oil seeds and oleaginous fruits, whether or not broken, for sowing 1209 Seeds, fruit and spores, of a kind used for sowing Article 2 The marketing year for seeds shall begin on 1 July of each year and end on 30 June of the following year. Article 3 This Regulation shall apply without prejudice to the measures provided for by Regulation (EC) No 1782/2003. CHAPTER II TRADE WITH THIRD COUNTRIES Article 4 1. Imports into the Community of any of the products listed in Article 1 may be subject to the presentation of an import licence. The products for which import licences are required shall be determined in accordance with the procedure referred to in Article 10(2). 2. Import licences shall be issued by the Member States to any persons who so request, irrespective of their place of establishment in the Community. 3. Licences shall be valid for imports carried out anywhere in the Community. Their issue shall be subject to the lodging of a security guaranteeing that the products are imported during the validity period of the licence. Except in cases of force majeure, the security shall be forfeited in whole or in part if the transaction is not carried out, or is carried out only partially, within that period. Article 5 Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in Article 1. Article 6 1. The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its application shall apply to the tariff classification of products referred to in Article 1. The tariff nomenclature resulting from the application of this Regulation shall be included in the Common Customs Tariff. 2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries: (a) the levying of any charge having equivalent effect to a customs duty; (b) the application of any quantitative restriction or measure having equivalent effect. Article 7 1. If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with non-member countries of the World Trade Organisation until such disturbance or threat of it has ceased. 2. If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures. The Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request. 3. The measures mentioned in paragraph 2 may be referred to the Council by any Member State within three working days of the day on which they are notified. The Council shall meet immediately. It may, acting by a qualified majority, amend or repeal the measures in question within one month of the day on which the measures are referred to it. 4. Arrangements adopted under this Article shall take account of the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty. CHAPTER III GENERAL PROVISIONS Article 8 1. Save as otherwise provided in this Regulation, Articles 87, 88 and 89 of the Treaty shall apply to the production of, and trade in, the products listed in Article 1. 2. However, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions. Prior to 1 January 2006, the Commission shall transmit to the Council, on the basis of the information supplied in due time by Finland, a report on the results of the aid authorised, accompanied by the necessary proposals. Article 9 The Member States and the Commission shall communicate to each other the information necessary for implementing this Regulation. Article 10 1. The Commission shall be assisted by a Management Committee for Seeds (hereinafter referred to as ‘the Committee’). 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. The Committee shall adopt its Rules of Procedure. Article 11 Detailed rules on the application of this Regulation, and in particular the validity period of the licences referred to in Article 4 and the arrangements for communicating the information referred to in Article 9, shall be adopted in accordance with the procedure referred to in Article 10(2). CHAPTER IV TRANSITIONAL AND FINAL PROVISIONS Article 12 1. Regulations (EEC) No 2358/71 and (EEC) No 1674/72 are hereby repealed. 2. References to Regulation (EEC) No 2358/71 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex. Article 13 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union. It shall apply from 1 July 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 November 2005.

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COMMISSION REGULATION (EC) No 1155/2007 of 3 October 2007 setting the allocation coefficient for issuing of licences applied for from 24 to 28 September 2007 to import sugar products under tariff quotas and preferential agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules for the 2006/07, 2007/08 and 2008/09 marketing years for importing and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof, Whereas: (1) Applications for import licences were submitted to the competent authority during the period from 24 to 28 September 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial number 09.4336 (2006 to 2007). (2) In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached, HAS ADOPTED THIS REGULATION: Article 1 Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of applications for import licences submitted from 24 to 28 September 2007, in accordance with Article 4(2) of Regulation (EC) No 950/2006 or Article 5 of Regulation (EC) No 1832/2006. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 3 October 2007.

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COMMISSION DECISION of 28 November 1997 approving the programme for the eradication of brucella melitensis for 1998 presented by Spain and fixing the level of the Community's financial contribution (Only the Spanish text is authentic) (98/57/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof, Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of brucella melitensis; Whereas by letter, Spain has submitted a programme for the eradication of brucella melitensis; Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Directive 92/65/EEC (4); Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 1998 and which was established by Commission Decision 97/681/EC (5); Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Spain up to a maximum of ECU 5 500 000; Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 The programme for the eradication of brucella melitensis presented by Spain is hereby approved for the period from 1 January to 31 December 1998. Article 2 Spain shall bring into force by 1 January 1998 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1. Article 3 1. Financial participation by the Community shall be at the rate of 50 % of the costs incurred in Spain by way of compensation for owners for the slaughter of animals up to a maximum of ECU 5 500 000. 2. The financial contribution of the Community shall be granted subject to: - forwarding a report to the Commission every three months on the progress of the programme and the costs incurred, - forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1999 at the latest, - and provided that Community veterinary legislation has been respected. Article 4 This Decision is addressed to the Kingdom of Spain. Done at Brussels, 28 November 1997.

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COMMISSION DECISION of 21 December 1998 concerning the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy Community of an Amending Protocol to the Europe Agreement between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part (notified under number C(1998) 4333) (Text with EEA relevance) (1999/147/ECSC, Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof, Whereas the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, (hereinafter referred to as the 'Europe Agreement`) was signed in Luxembourg on 10 June 1996; Whereas the ratification procedure of the Member States, the Commission and the Republic of Slovenia is completed; Whereas, due to the delay in the signature of the Europe Agreement and the consequent delay in the entry into force of the Interim Agreement, on 1 January 1997, it is necessary to change the time reference in Article 132 of the Europe Agreement so that all reference to the year '1996` under Article 132 of the Europe Agreement should be replaced by '1997`, date of the entry into force of the Interim Agreement; Whereas it is necessary to replace the original Protocol 4 on Rules of Origin of the Europe Agreement with the new Protocol 4, which was annexed to the Interim Agreement; Recognising the crucial importance of trade in the transition to a market economy; Bearing in mind the willingness of the Community to accelerate its efforts to open up its markets for products of Slovenian origin; Bearing in mind the objectives of the Europe Agreement and, in particular, those referred to in Article 1 thereof; Having consulted the ECSC Consultative Committee and with the assent and approval of the Council (1), HAS DECIDED AS FOLLOWS: Sole Article An amending Protocol to the Europe Agreement between the European Community, the European Coal and Steel Community, the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part, is hereby approved on behalf of the European Coal and Steel Community and the European Atomic Energy Community. The texts of the Amending Protocol is attached to this Decision (2). Done at Brussels, 21 December 1998.

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COUNCIL REGULATION (EEC) N° 1317/90 of 14 May 1990 fixing the target prices and intervention prices for rape and sunflower seed for the 1990/91 marketing year THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 89 (1) thereof, Having regard to Council Regulation N° 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) N° 2902/89 (2), and in particular Articular 22 (4) and Article 24a (2) thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (5), Whereas, when the target prices and intervention prices for rape and sunflower seed are fixed, account should be taken of the objectives of the common agricultural policy and of the contribution which the Community wishes to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are, in particular, to ensure that supplies are available and that they reach consumers at reasonable prices; Whereas the intervention price must be fixed in accordance with the criteria laid down in Article 24 (1) of Regulation No 136/66/EEC; Whereas the prices of rape and sunflower seed must be fixed for specific standard qualities; whereas the latter should be laid down in relation to the average qualities of the seeds harvested in the Community; whereas, for rape and sunflower seed, the quality laid down for the 1989/90 marketing year meets these requirements and can accordingly be used for 1990/91 marketing year; Whereas, on the basis of these criteria, the target and intervention prices for rape and sunflower seed should be fixed at the levels given below; Whereas the supplement to be applied to the target price, to the intervention price and to the intervention buying-in price for 'double zero` rape seed must be fixed in accordance with the criteria laid down in Article 24a of Regulation N° 136/66/EEC; Whereas, under Article 68 of the Act of Accession, prices in Spain have been set at a level different from that of the common prices; whereas pursuant to Article 70 (1) of the Act of Accession, the Spanish prices should be aligned on the common prices each year at the beginning of the marketing year; whereas the criteria for this alignment give the Spanish prices set out below, HAS ADOPTED THIS REGULATION: Article 1 For the 1990/91 marketing year, the target prices and the intervention prices for rape and sunflower seeds shall be as follows: (a) target price for rape seed: - ECU 42,05 per 100 kg for Spain, - ECU 45,02 per 100 kg for the other Member States; (b) intervention price for rape seed: - ECU 37,79 per 100 kg for Spain, - ECU 40,76 per 100 kg for the other Member States; (c) target price for sunflower seed: - ECU 49,73 per 100 kg for Spain, - ECU 58,35 per 100 kg for the other Member States; (d) intervention price for sunflower seed: - ECU 44,85 per 100 kg for Spain, - ECU 53,47 per 100 kg for the other Member States; Article 2 The prices referred to in Article 1 shall relate to seeds in bulk which are of sound, genuine and merchantable quality: (a) with an impurity content of 2 % and, for seeds as such, moisture and oil contents of 9 and 40 % respectively in the case of rape seed; (b) with an impurity content of 2 % and, for seeds as such, moisture and oil contents of 9 and 44 % respectively in the case of sunflower seed. Article 3 For the 1990/91 marketing year, the supplement to be applied to the target price, to the intervention price and to the intervention buying-in price for 'double zero` rape seed shall be ECU 2,50 per 100 kg. Article 4 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. It shall apply: - from 1 July 1990 as regards rape seed, - from 1 August 1990 as regards sunflower seed. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990.

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COMMISSION REGULATION (EC) No 733/2006 of 16 May 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof, Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 17 May 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 May 2006.

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Commission Regulation (EC) No 737/2004 of 21 April 2004 amending the delivery obligations for cane sugar to be imported under the ACP Protocol and the India Agreement for the 2003/2004 delivery period THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/2004, 2004/2005 and 2005/2006 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96(2), and in particular Article 9(2) thereof, Whereas: (1) Commission Regulation (EC) No 443/2004(3) set the delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2003/2004 delivery period. (2) The United Kingdom has submitted an application to transfer delivery obligations between the 2003/2004 and 2004/2005 delivery periods for Zimbabwe in order to correct an administrative error made when the import licence applications for that country were encoded. That error resulted in licences being actually issued for 6858,11 tonnes more than the delivery obligation fixed for Zimbabwe for the 2003/2004 delivery period. (3) Since transferring 6858,11 tonnes from Zimbabwe's delivery obligation for 2004/2005 to its obligation for 2003/2004 will not disturb the supply arrangement referred to in Article 39 of Regulation (EC) No 1260/2001, the delivery obligation set for Zimbabwe for the 2003/2004 delivery period should be amended. (4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION: Article 1 The delivery obligations for imports of products falling within CN code 1701, expressed as white sugar equivalent, originating in countries which are parties to the ACP Protocol and the India Agreement for the 2003/2004 delivery period for each exporting country as set out in the Annex to Regulation (EC) No 443/2004 are hereby amended as shown in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 April 2004.

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COUNCIL DECISION of 16 September 1996 on the provisional application of certain agreements between the European Community and certain third countries on trade in textile products (Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan) (96/593/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence thereof, Having regard to the proposal from the Commission, Whereas bilateral agreements on trade in textile products, hereafter referred to as 'basic agreements`, were negotiated with Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan and Turkmenistan and have been applied on a provisional basis by Council Decision 94/277/EC of 20 December 1993 (1); Whereas the basic agreements with Armenia, Azerbaijan, Georgia, Moldova and Kazakhstan were amended by agreements in the form of Exchanges of Letters to take into account the accession of Austria, Finland and Sweden to the European Union; whereas the latter agreements have been applied on a provisional basis by Council Decision 96/223/EC of 22 December 1995 (2); Whereas the Commission has negotiated on behalf of the Community bilateral agreements in the form of Exchanges of Letters to amend and renew the basic agreements with all of the abovementioned countries; whereas these negotiated agreements should be applied on a provisional basis from 1 January 1996, pending the completion of procedures required for their conclusion, subject to reciprocal provisional application by the countries in question, HAS DECIDED AS FOLLOWS: Article 1 The bilateral agreements listed in the Annex to this Decision, shall be applied on a provisional basis from 1 January 1996, pending their formal conclusion, subject to reciprocal provisional application by the partner countries. Article 2 The texts of the initialled agreements are attached to this Decision. Done at Brussels, 16 September 1996.

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Commission Regulation (EC) No 1964/2001 of 8 October 2001 amending Regulation (EEC) No 2166/83 establishing a licensing system for certain fisheries in an area north of Scotland (Shetland area) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(1), as last amended by Regulation (EC) No 1181/98(2), and in particular Article 7(2) thereof, Whereas: (1) Commission Regulation (EEC) No 2166/83 of 29 July 1983 establishing a licensing system for certain fisheries in an area north of Scotland (Shetland area)(3), as amended by Regulation (EC) No 2502/1999(4), establishes a system for communicating the movements of Community fishing vessels operating in the area in question through one of the radio stations listed in Annex I thereto. (2) The radio stations in Germany and France have definitively ceased operating. The references to them in the relevant Annex should therefore be deleted. (3) Regulation (EEC) No 2166/83 must therefore be amended. (4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture, HAS ADOPTED THIS REGULATION: Article 1 The following lines in Annex I to Regulation (EEC) No 2166/83 are hereby deleted: TABLE " Article 2 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 October 2001.

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Commission Decision of 29 December 2003 laying down rules for the implementation of Council Decision 2001/792/EC, Euratom establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (notified under document number C(2003) 5185) (Text with EEA relevance) (2004/277/EC, Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community, Having regard to Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions(1), and in particular Article 8(2)(a) to (e) and (g) thereof, Whereas: (1) The Community mechanism established by Decision 2001/792/EC, hereinafter referred to as "the mechanism", is intended to provide support in the event of major emergencies which may require urgent response action, including emergencies occurring within the context of crisis management referred to in Title V of the Treaty on European Union. In the event of the latter the Joint Declaration by the Council and the Commission on the use of the Community civil protection mechanism in crisis management referred to in Title V of the Treaty on European Union will be taken into account. (2) The mechanism is intended to help ensure better protection primarily of people, but also of the environment and property, in the event of a major emergency, including accidental marine pollution, as provided for in Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution(2). (3) Participation in the Community mechanism is open to Member States, but should also be open to Norway, Iceland and Liechtenstein in the light of Decision of the EEA Joint Committee No 135/2002 of 27 September 2002 amending Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms(3). With regard to the candidate countries, participation should be open to those countries having signed a memorandum of understanding with the Commission. (4) A procedure for the provision of up-to-date information on the resources available in the States participating in the mechanism for different types of interventions should be established, in order to facilitate, in the event of emergency, the mobilisation of intervention teams, experts and other resources and to ensure a better use of those resources. (5) A monitoring and information centre should be established which should be accessible and able to react immediately 24 hours a day in order to serve the States participating in the mechanism and the Commission. (6) The monitoring and information centre is an essential element of the mechanism because it ensures uninterrupted links with the civil protection operational contact points of the States participating in the mechanism. The monitoring and information centre should, in case of emergency, provide immediate access to essential information on experts, intervention teams and other intervention support available. (7) A common emergency communication and information system (CECIS) should be established in order to enable communication and sharing information between the monitoring and information centre and the designated contact points. (8) The CECIS is an essential element of the mechanism because it should guarantee the authenticity, integrity and confidentiality of information exchanged among the States participating in the mechanism under routine conditions as well as in emergencies. (9) The CECIS should be set up on the basis of a global implementation plan (GIP) as part of the PROCIV-NET project conducted and financed in the context of a programme for the interchange of data between administrations, the IDA programme as provided for in Decision No 1719/1999/EC of the European Parliament and the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA)(4), as last amended by Decision No 2046/2002/EC(5), and Decision No 1720/1999/EC of the European Parliament and of the Council of 12 July 1999 adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA)(6), as last amended by Decision No 2045/2002/EC(7). (10) The availability of experts capable of organising and coordinating intervention teams represents an important element of the Community mechanism. In order to enable an efficient selection of the experts required, it is essential to agree on common selection criteria (11) The tasks of the experts should be defined and the procedure for dispatching them should be determined. (12) A training programme should be set up, with a view to improving the coordination of civil protection assistance interventions by ensuring compatibility and complementarity between the intervention teams and by improving the competence of experts. The programme should include joint courses and exercises and an exchange system, combined with lectures, case studies, working groups, simulations, and practical exercises, appropriate to the content of each action. The setting up of such a training programme is also in the spirit of Council Resolution 2002/C 43/01 of 28 January on reinforcing cooperation in the field of civil protection training(8). (13) In the framework of the Community mechanism, the definition of clear intervention rules is important to ensure efficient assistance in case of emergency. (14) The measures provided for in this Decision are in accordance with the opinion of the Committee established pursuant to Article 4(1) of Council Decision 1999/847/EC(9), HAS ADOPTED THIS DECISION: CHAPTER I GENERAL PROVISIONS Article 1 This Decision establishes rules implementing Decision 2001/792/EC, Euratom, as regards the following: 1. information on the relevant resources available for civil protection assistance intervention; 2. the establishment of a monitoring and information centre; 3. the establishment of a common emergency communication and information system, hereinafter referred to as "CECIS"; 4. the assessment and/or coordination teams, including criteria for the selection of experts; 5. establishment of a training programme; 6. interventions inside and outside the Community. Article 2 For the purpose of this Decision the following definitions shall apply: (a) "participating States" means the Member States, the candidate countries having signed a memorandum of understanding with the Commission, and Norway, Iceland and Liechtenstein; (b) "third countries" means countries not participating in the mechanism. CHAPTER II RESOURCES AVAILABLE Article 3 1. The participating States shall provide the Commission with the following information on the resources available for civil protection assistance interventions: (a) the intervention teams identified in accordance with Article 3(a) of Decision 2001/792/EC, Euratom, and in particular (i) the size of the teams and the mobilisation time foreseen, (ii) their availability for interventions within the participating States and in third countries, (iii) their availability for short, medium or long-term missions, (iv) their means of transportation, and their degree of self-sufficiency, (v) any other relevant information; (b) the experts selected in accordance with Article 3(b) of Decision 2001/792/EC/Euratom. 2. The information referred to in paragraph 1 shall be regularly updated. 3. The Monitoring and Information Centre, established in accordance with Article 4, shall compile the information referred to in paragraph 1 of this Article and make it available through the CECIS set up in accordance with Article 7. 4. The information referred to in paragraph 1 is based on a mission scenario approach for inside the participating States and outside these States. CHAPTER III MONITORING AND INFORMATION CENTRE Article 4 A monitoring and information centre accessible and able to react immediately 24 hours a day is hereby established and is located in the premises of the Commission. Article 5 The day-to-day duties of the Monitoring and Information Centre shall include, in particular, 1. regularly updating the information provided by the participating States on the intervention team and experts identified and selected in accordance with Article 3(a) and (b) of Decision 2001/792/EC, Euratom, as well as other intervention support and medical resources that might be available for interventions; 2. pooling the information provided on the capability of the participating States to maintain a production of serums and vaccines or other necessary medical resources and on the stocks which might be available for intervention in the event of a major emergency and compile this information in the information system secured at the appropriate level; 3. regularly updating its working and emergency procedures; 4. contacting the contact points of the participating States with the aim of preparing, if necessary, a report on major emergencies; 5. participating in the "lessons learned" programme and disseminating its results; 6. involvement in the preparation, organisation, and follow-up of the training courses; 7. involvement in the preparation, organisation, and follow-up of the field and tabletop exercises. Article 6 In the event of a major emergency, the Monitoring and Information Centre shall operate according to the provisions set out in Chapter VII. CHAPTER IV COMMON EMERGENCY COMMUNICATION AND INFORMATION SYSTEM Article 7 A common emergency communication and information system (CECIS) is hereby established. Article 8 The CECIS shall consist of the following three components: (a) a network layer, consisting of the physical network connecting the competent authorities and the contact points in the participating States and the Monitoring and Information Centre; (b) an application layer, consisting of the databases and other information systems necessary for the functioning of the civil protection assistance interventions and in particular those needed: (i) for communicating notifications, (ii) for ensuring communication and information sharing between the Monitoring and Information Centre and competent authorities and the contact points, (iii) for compiling information on serums and vaccines or other medical resources and on stocks, (iv) for disseminating lessons learnt from interventions; (c) a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the confidentiality of the data stored in and exchanged via the CECIS. Article 9 1. The CECIS shall be set up and operate in accordance with Decision No 1719/1999/EC and Decision No 1720/1999/EC. 2. The network layer shall be operated using the trans-European services for telematics between administrations (TESTA), an IDA generic service as set out in Article 4 of Decision No 1720/1999/EC. 3. The application layer shall be a web-enabled multilingual database, accessible over TESTA and linked with the use of a normal SMTP e-mail application. 4. The security layer shall be based on the use of the public key infrastructure for closed user groups (IDA PKI-CUG), an IDA generic service as set out in Article 4 of Decision No 1720/1999/EC. Article 10 The handling of documents, databases, and information systems classified up to "EU RESTRICTED" within the CECIS shall conform to the provisions set out in Council Decision 2001/264/EC(10) and in Commission Decision 2001/844/EC, ECSC, Euratom(11). Documents and information classified as "EU CONFIDENTIAL" or higher, shall be transmitted pursuant to special arrangements between the originator and the recipient(s). The security classification of the CECIS shall be upgraded as appropriate. Article 11 1. The participating States shall submit to the Commission the appropriate information using the "Country card template" set out in the Annex. 2. The participating States shall provide information on contact points in the context of civil protection and, where appropriate, of other services handling natural, technological, radiological or environmental accidents, including accidental marine pollution. 3. The participating States shall notify the Commission of any changes to the information referred to in paragraphs 1 and 2 immediately. Article 12 A user group consisting of representatives nominated by the participating States shall be established. It shall assist the Commission in the validation and testing of the CECIS. Article 13 1. A global implementation plan (GIP) for the implementation of the CECIS is hereby established. According to the GIP the Commission shall: (a) establish specific agreements in the context of the respective IDA framework contracts for the implementation of the network and security layers; (b) on the basis of an open call for tenders, establish agreements for the development and validation of the application layer as well as for the feasibility studies; (c) ensure that all persons involved in the development and validation phases as well as the subsequent feasibility studies are appropriately cleared to handle information classified at least "EU CONFIDENTIAL" according to Decision 2001/264/EC and Commission Decision 2001/844/EC, ECSC, Euratom; (d) ensure the management of the project in view of the final installation of the CECIS. In this respect, the Commission shall provide and update a general plan and shall coordinate the development, validation, and implementation phases with the participating States, and the selected contractor(s). The Commission shall also take into account the needs and requirements of the participating States; (e) follow up, validate and test the separate layers and the completed CECIS with the help of the user group; (f) ensure the training of trainers and that the participating States are regularly informed of the advancement of the project; (g) ensure security of the project mainly by not permitting unauthorised dissemination of sensitive information; (h) ensure, via the Commission's Data Centre, that the server is appropriately connected to TESTA and is available on at least the same service level as the rest of the network; (i) ensure the implementation of the PKI through the Telecommunications Centre; (j) provide all the necessary support for the implementation phase of the project and ensure necessary maintenance and support thereafter. 2. The participating States shall ensure the fulfilment of the engagements undertaken in the context of the country card template, such as connection to the TESTA II network, availability of conformant web browsers and e-mail clients and implementation of PKI procedures, in line with the approved planning. CHAPTER V ASSESSMENT AND/OR COORDINATION TEAMS, INCLUDING CRITERIA FOR THE SELECTION OF EXPERTS Article 14 The participating States shall provide and regularly update their information on the experts selected in accordance with Article 3(b) of Decision 2001/792/EC, Euratom. Article 15 The experts shall be classified in the following categories: (a) technical experts; (b) assessment experts; (c) coordination team members; (d) coordination head. Article 16 1. The technical experts shall be able to provide advice on specific, highly technical topics and on risks involved and be available for missions. 2. The assessment experts shall be able to provide an assessment of the situation and advise on the appropriate action to be taken and be available for missions. 3. The coordination team members may include a deputy coordination head, persons responsible for logistics and communications and other personnel as necessary. If requested, the technical experts and the assessment experts may be incorporated into the coordination team in order to assist the coordination head for the whole duration of a mission. 4. The coordination head shall be responsible for leading the assessment and coordination team during an intervention. She/he shall assume proper liaison with the authorities of the affected country, with the Monitoring and Information Centre, with other international organisations and, in case of any civil protection assistance interventions outside the participating States, also with the Member State holding the Presidency of the Council of the European Union or its representative and with the Commission delegation in that country and with the office or official representative of the European Community Humanitarian Aid Office (ECHO) in that country. Article 17 The information on the experts shall be compiled by the Commission in an expert database and be made available through the CECIS. Article 18 The experts shall, where necessary, follow the training programme set up in accordance with Article 21. Article 19 In the event of a request for assistance, the participating States shall be responsible for activating the available experts and put them in touch with the Monitoring and Information Centre. Article 20 1. The Monitoring and Information Centre shall be capable of mobilising and dispatching the designated experts at very short notice after the experts have been activated by the participating States. 2. The Monitoring and Information Centre shall follow the dispatch procedure based on the confirmation for mission used by the Commission for the secondment of experts in emergency situations, which covers the following elements: (a) written confirmation of the mission; (b) the objectives of the mission; (c) the envisaged duration of the mission; (d) the local contact person information; (e) the insurance condition coverage; (f) the daily compensation allowance to cover expenses; (g) the specific payment conditions; (h) guidelines for technical experts, assessment experts, coordination experts and heads. CHAPTER VI TRAINING PROGRAMME Article 21 1. A training programme covering civil protection assistance interventions is set up. The programme shall include general and specific courses, exercises and an exchange of experts system. The programme shall be aimed at the target groups set out in Article 22. 2. The Commission shall be responsible for the coordination and organisation of the training programme and for defining the content and the schedule of the training programme. Article 22 The target groups of the training programme shall be: (a) participating States' intervention teams; (b) participating States' intervention team leaders, their deputies and liaison officers; (c) experts of the participating States as set out in Article 15; (d) national key contact point staff; (e) officials of the Community institutions. Article 23 The general and specific courses shall be aimed at the different target groups set out in Article 22(b) to (e). Article 24 The exercises shall, in particular with regard to the target group set out in Article 22(a), aim at: (a) improving the response capacity and providing the necessary practice of the teams meeting the criteria for participation in civil protection assistance interventions; (b) improving and verifying the procedures and establishing a common language for the coordination of civil protection assistance interventions and reducing the response time in major emergencies; (c) enhancing operational cooperation between the civil protection services of the participating States; (d) sharing lessons learned. Article 25 The exchange system shall include the exchange of experts between participating States and/or the Commission, with the aim of enabling experts to: 1. gain experience in other fields; 2. become acquainted with various techniques and operational procedures used; 3. study approaches taken by other participating emergency services and institutions. Article 26 Where appropriate, additional training opportunities to meet identified needs for the smooth and efficient operation of civil protection assistance interventions shall be provided. Article 27 1. The Commission shall ensure coherence of the level of training and its content. 2. The participating States and the Commission shall designate their trainees for each training session. 3. The Commission shall organise an appropriate evaluation system of the training actions organised. CHAPTER VII INTERVENTIONS INSIDE AND OUTSIDE THE COMMUNITY Article 28 Alert phase 1. In the event of a major emergency within the participating States or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance through the Monitoring and Information Centre from one or more countries, the competent authority and/or contact points of the State in which the emergency is imminent or has occurred, shall without delay inform the Monitoring and Information Centre via the established communication channels. 2. If the Commission has been informed of a major emergency occurring in a third country, which may require civil protection assistance, the Monitoring and Information Centre shall take contact with the competent authorities of the Member State holding the Presidency of the Council of the European Union and with the other relevant Commission services in order to inform them of the situation. 3. The Monitoring and Information Centre shall collect the essential information on early warnings and transmit that through the established communication channels and networks to the competent civil protection authorities of all participating States and/or their contact points. 4. A participating State affected by a major emergency shall keep the Monitoring and Information Centre informed of the evolution of the situation if any risks for transboundary consequences may appear. The Monitoring and Information Centre shall subsequently inform other participating States and relevant Commission services and regularly update its information of any evolution of the situation. Article 29 Requests for assistance 1. A participating State or a third country affected by a major emergency shall, if assistance is required through the Community mechanism, address a formal request for civil protection assistance to the Monitoring and Information Centre. 2. In case of a major emergency occurring in a third country, which may require civil protection assistance, the Commission may decide on its own initiative to inform the third country of potential Community assistance if needed. The Monitoring and Information Centre shall keep the Member State holding the Presidency of the Council of the European Union regularly informed of any developments. 3. The State requesting assistance shall provide the Monitoring and Information Centre with all relevant information concerning the situation, and in particular, specific needs, the support requested and the location. If assistance in the form of experts and/or intervention teams and means is requested, the requesting State shall inform the Monitoring and Information Centre about the time frame and location of arrival of the assistance, and the on-site operational contact point managing the emergency. 4. Following coordination between the Monitoring and Information Centre and the requesting State, the Monitoring and Information Centre shall dispatch the request for assistance to the participating States and, where appropriate consult the resources database and inform the relevant Commission services. Any changes in the initial request for assistance by the requesting State shall immediately be transmitted to all participating States. 5. Following the formal request, the participating States shall immediately inform the Monitoring and Information Centre about their current capacity for providing assistance, indicating its scope and terms. 6. The information referred to in paragraph 5 shall immediately be compiled and transmitted by the Monitoring and Information Centre to the requesting State and to the other participating States. 7. The requesting State shall inform the Monitoring and Information Centre of which intervention teams and means it has selected. 8. With regard to requests for intervention teams and means, the Monitoring and Information Centre shall inform the participating States of the selection of the requesting State. The participating States providing the assistance shall keep the Monitoring and Information Centre regularly informed on the dispatch of the intervention teams and means. 9. With regard to requests for experts, the Monitoring and Information Centre shall: (a) contact the participating States, using the "expert database" set up in accordance with Article 17, and enquire about the availability of experts ready to leave, whenever necessary, within three hours after their designation; (b) after consultation with the requesting State, make a selection from amongst the available experts and inform the participating States accordingly; (c) immediately make contact with the experts and proceed to dispatch them in accordance with the dispatch procedure set out in Article 20(2); (d) on the basis of an updated report established by the requesting State, the Monitoring and Information Centre shall prepare a briefing for the experts and intervention team leaders before their dispatch. 10. In the event of a major emergency occurring in a third country, the Monitoring and Information Centre shall work in close consultation with the Member State holding the Presidency of the Council of the European Union and relevant Commission services. 11. The requesting State shall activate its own arrangements allowing coordination of the dispatched assistance at national or regional levels. The requesting State shall facilitate border crossings for the interventions and ensure logistical support. Article 30 Direction of interventions 1. In the event of a major emergency occurring inside the Community, the requesting State shall direct the assistance intervention in accordance with Article 5(3) and(4) of Decision 2001/792/EC, Euratom. 2. In the event of a major emergency occurring outside the Community, the assessment and coordination teams shall carry out their tasks in accordance with Article 16. The coordination is ensured by the Member State holding the Presidency of the Council of the European Union or its appointed representative. Article 31 Interventions in third countries In third countries, the Community assistance intervention may either be conducted as an autonomous operation between the affected third country and the Monitoring and Information Centre and the representative of the Member State holding the Presidency of the Council of the European Union, or as a contribution to an intervention led by the EU or by an international organisation. Article 32 Expert missions 1. The dispatched experts shall carry out the tasks set out in Article 16. They shall report regularly to the requesting State authorities and to the Monitoring and Information Centre. 2. The Monitoring and Information Centre shall keep the participating States informed about the progress of the expert mission. 3. With regard to the progress of the expert missions in third countries, the Monitoring and Information Centre shall keep the Delegation of the Commission in the country concerned and the representative of the Member State holding the Presidency of the Council of the European Union informed as well as the relevant services of the Commission. 4. The requesting State shall inform the Monitoring and Information Centre on a regular basis about the evolution of ongoing activities at the site of the emergency. 5. In the case of interventions in third countries, the coordination head shall inform the Monitoring and Information Centre on a regular basis of the evolution of ongoing activities on the site of the emergency. 6. The Monitoring and Information Centre shall compile all information received and distribute it to the contact points and competent authorities of the participating States. Article 33 Operational disengagement 1. The requesting State or any of the participating States providing assistance shall inform the Monitoring and Information Centre and the dispatched Community experts and assistance intervention teams when their assistance is no longer required or can no longer be provided. The effective disengagement shall be organised in an appropriate way by the requesting State and the participating States; the Monitoring and Information Centre shall be kept informed thereof. 2. In third countries, the coordination head shall report to the Monitoring and Information Centre when assistance is no longer required or can no longer be provided. The Monitoring and Information Centre shall transmit this information to the delegation of the Commission in that country and the representative of the Member State holding the Presidency of the Council of the European Union as well as the relevant Commission services. The Monitoring and Information Centre in coordination with the Member State holding the Presidency of the Council of the European Union and the requesting State shall ensure the effective disengagement. Article 34 Reporting and lessons learnt 1. The competent authorities of the requesting State and of the participating States having provided assistance, as well as the dispatched Community experts, shall present their conclusions on all aspects of the intervention to the Monitoring and Information Centre. A summary report shall then be prepared by the Monitoring and Information Centre on the assistance provided. 2. The Monitoring and Information Centre shall disseminate lessons learnt in order to evaluate and to improve the civil protection assistance interventions. Article 35 Costs 1. If not agreed otherwise, the State requesting assistance shall bear the costs of assistance provided by the participating States. 2. The Participating State providing assistance may, bearing in mind in particular the nature of the emergency and the extent of any damage, offer its assistance entirely or partially free of charge. That State may also waive all or part of the reimbursement of its costs at any time. 3. If not agreed otherwise, for the duration of the intervention, the requesting State shall house and feed the assisting teams from the participating States, and, if their supplies and provisions run out, shall replenish them at its own expense. Nevertheless, assisting teams shall be initially logistically independent and self-sufficient for a reasonable period depending on the used assets and shall inform the Monitoring and Information Centre accordingly. 4. Costs for dispatching Community experts shall be handled in accordance with Article 20. The Commission shall bear these costs. Article 36 Compensation for damage 1. The requesting State shall refrain from making any request for compensation from participating States for damage caused to their property or service staff where such damage is the consequence of the assistance intervention provided for by this Decision, unless it is proven to be the result of fraud or serious misconduct. 2. In the event of damage suffered by third parties as the result of assistance interventions, the requesting State and the participating State providing assistance shall cooperate to facilitate compensation of such damage. Article 37 This Decision is addressed to the Member States. Done at Brussels, 29 December 2003.

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COMMISSION REGULATION (EC) No 1380/2006 of 19 September 2006 on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98 (2), Having regard to Commission Regulation (EC) No 2247/2003 of 19 December 2003 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 2286/2002 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) (3), and in particular Article 5 thereof, Whereas: (1) Article 1 of Regulation (EC) No 2247/2003 provides for the possibility of issuing import licences for beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries. (2) The applications for import licences submitted between 1 to 10 September 2006, expressed in terms of boned meat, in accordance with Regulation (EC) No 2247/2003, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for. (3) The quantities in respect of which licences may be applied for from 1 October 2006 should be fixed within the scope of the total quantity of 52 100 t. (4) This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4), HAS ADOPTED THIS REGULATION: Article 1 The following Member States shall issue on 21 September 2006 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin: Germany: - 100 t originating in Botswana, - 360 t originating in Namibia; United Kingdom: - 500 t originating in Botswana, - 300 t originating in Namibia. Article 2 Licence applications may be submitted, pursuant to Article 4(2) of Regulation (EC) No 2247/2003, during the first 10 days of October 2006 for the following quantities of boned beef and veal: Botswana: 14 359 t, Kenya: 142 t, Madagascar: 7 579 t, Swaziland: 3 363 t, Zimbabwe: 9 100 t, Namibia: 7 492 t. Article 3 This Regulation shall enter into force on 21 September 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 September 2006.

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COUNCIL REGULATION (EC) No 2275/96 of 22 November 1996 introducing specific measures for live plants and floricultural products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas the production of live plants and floricultural products is a very important economic activity in a large number of Community Member States; Whereas, following an increase in production within the Community and growth in imports from third countries, supply of such products is rising fast; whereas consumption should therefore be stimulated; Whereas there is potential for increasing consumption of Community products both within the Community and abroad, in particular by improving awareness among existing and potential users and by bringing production more closely into line with consumer requirements; Whereas the various groups working in the sector have a special role to play in implementing measures to encourage consumption; Whereas a Community financial contribution should be provided for to encourage specific measures to increase consumption; whereas provision should be made for the regular evaluation of the measures financed in order to monitor the achievement of their objectives; Whereas the measures thus provided for are intended to stabilize the market in live plants and floricultural products; whereas, therefore, the expenditure arising from Community part-financing thereof should be deemed intervention within the meaning of Article 3 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (3), HAS ADOPTED THIS REGULATION: Article 1 The Community may contribute to the financing of measures put forward and implemented by groups representing the sector to promote the consumption of Community live plants and floricultural products falling within CN code 06. Article 2 1. The measures referred to in Article 1 shall cover advertising and public-awareness measures, including the organisation of and participation in fairs and other trade events, both within the Community and abroad. Where deemed necessary, such measures may be preceded by market studies of consumer attitudes and behaviour and may be accompanied, where appropriate, by the provision of marketing advice to the various economic operators in the sector. 2. The measures referred to in Article 1 shall not be designed to promote commercial brands or to favour products from a particular Member State. Article 3 1. Community contribution to the financing of the measures provided for in this Regulation shall be deemed intervention intended to stabilize the agricultural markets within the meaning of Article 3 (1) of Regulation (EEC) No 729/70. 2. Such Community contribution to the financing may not exceed 60 % of the actual cost of the measures. Article 4 The measures referred to in Article 1 may be granted Community funding for a period of no more than three years. An evaluation study shall be carried out in the final year. The study shall assess the extent to which the objectives referred to in Article 1 have been achieved and the advisability of pursuing the measure concerned. Article 5 The measures provided for in this Regulation shall be defined and the rules of applications thereof shall be adopted in accordance with the procedure provided for in Article 14 of Council Regulation (EEC) No 234/68 of 27 February 1968 on the establishment of a common organization of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage (4). Article 6 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 November 1996.

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COMMISSION REGULATION (EC) No 1527/96 of 30 July 1996 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), as last amended by Regulation (EC) No 3072/95 (2), and in particular Articles 10 (2) and 14 (16) thereof, Whereas the intervention buying-in prices for paddy rice provided for in Article 5 (2) of Regulation (EEC) No 1418/76 are replaced from the 1996/97 marketing year by a single intervention price; whereas, as regards the transition from the 1995/96 marketing year to the 1996/97 marketing year, when the reduction of the refunds at the end of the marketing year provided for in Article 12 (5) of Commission Regulation (EC) No 1162/95 (3), as last amended by Regulation (EC) No 1029/96 (4), is calculated, account should be taken of the difference between the intervention buying-in prices for paddy rice without the monthly increases of the old marketing year and the intervention price of the new marketing year; whereas this will avoid too high a level of reduction as a result of the use of the intervention price provided for in Regulation (EEC) No 1418/76 instead of the intervention buying-in prices provided for in Article 5 (2) of that Regulation; Whereas an indication should be made that the first adjustment of the refunds is to be made on the first day of the calendar month following that in which the licence application is made; Whereas, for statistical reasons, the Member States should communicate each day the quantities of rice covered by import licences for each origin; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1162/95 is amended as follows: 1. the following subparagraph is added to Article 12 (4): 'The first adjustment shall be made on the first day of the calendar month following that in which the licence application is made. Subsequent adjustments shall apply each month.`; 2. the following subparagraph is added to Article 12 (5) (a): 'However, as regards the transition from the 1995/96 marketing year to the 1996/97 marketing year, the difference between the intervention buying-in prices provided for in Article 5 (2) of Regulation (EEC) No 1418/76 for paddy rice without monthly increases for the 1995/96 marketing year and the intervention price for the 1996/97 marketing year shall apply.`; 3. the first subparagraph of Article 13 (2) is replaced by the following: '2. With regard to import licences issued, each day the Member States shall forward the quantities covered by licences by product code and, in the case of common wheat, by quality grade and by origin. The origin shall also be indicated in import licences for rice.` Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. Article 1 (2) shall apply to licences issued from 1 May 1996. Article 1 (1) and (3) shall apply to licences issued from 1 September 1996. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 July 1996.

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COMMISSION DECISION of 16 February 1996 concerning animal health conditions and veterinary certificates for the importation of domestic animals of the bovine and porcine species from the Slovak Republic (Text with EEA relevance) (96/185/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 8 and 11 thereof, Whereas Commission Decision 92/324/EEC (2) of 10 June 1992 establishes the animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Czechoslovakia; Whereas following partition of this country and revocation of the abovementioned Decision by Commission Decision 96/186/EC (3), it is necessary to lay down animal health conditions and veterinary certificates for importation of domestic animals of the bovine and porcine species from the Slovak Republic; Whereas Member States shall import domestic animals of the bovine and porcine species in accordance with the provisions of Council Directive 91/496/EEC (4), as last amended by the Act of Accession of Austria, Finland and Sweden, which lays down the principles governing the organization of veterinary checks on animals entering the Community from third countries; and in accordance with the provisions of Commission Decision 93/242/EEC (5), as last amended by Decision 95/295/EC (6); Whereas the geographical proximity of the Slovak Republic to the Community has implications for trade in live animals; Whereas following Community veterinary missions it appears that the animal health situation in the Slovak Republic is controlled by veterinary services which, although currently in the process of re-organization, can nevertheless offer satisfactory guarantees concerning diseases which might be transmitted through the importation of domestic animals of the bovine or porcine species; Whereas the responsible veterinary authorities of the Slovak Republic have confirmed that the Slovak Republic has during the last 24 months been free from foot-and-mouth disease and during the last 12 months been free from rinderpest, contagious bovine pleuro-pneumonia, vesicular stomatitis, bluetongue, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of those diseases during the past 12 months; Whereas the responsible veterinary authorities of the Slovak Republic have undertaken to notify the Commission of the European Communities and the Member States, by telex or telefax, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases and classical swine fever or of the adoption of vaccination against any of them or, within an appropriate period, of any proposed changes in the Slovakian import rules concerning bovine animals or swine or the semen or embryos thereof; Whereas bovine tuberculosis and brucellosis have been eradicated from the Slovak Republic, whereas vaccination against bovine brucellosis is not permitted and whereas the measures taken by the responsible authorities of the Slovak Republic to prevent a recrudescence of these diseases are sufficient to equate the status of their herds, other than those under official restriction, with that of herds in the European Community having the status of Officially Tuberculosis Free or Officially Brucellosis Free; Whereas the responsible veterinary authorities of the Slovak Republic have undertaken to supervise officially the issue of certificates arising from this Decision and to ensure that all relevant certificates, declarations and statements on which export certification may have been based remain on official file for at least 12 months following the dispatch of the animals to which they refer; Whereas the responsible veterinary authorities of the Slovak Republic have undertaken not to permit the issue of the certificates described in the Annexes to this Decision in respect of animals which have been imported unless such animals were imported in accordance with veterinary conditions at least as strict as the relevant requirement of Directive 72/462/EEC, including any subsidiary decisions; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 1. Without prejudice to Decision 93/242/EEC and to paragraphs 2 and 4 of this Article, Member States shall authorize the importation from the Slovak Republic of the following animals: (a) domestic animals of the bovine species for breeding or production which meet the requirements set out in the health certificate in Annex A to this Decision and which are accompanied by such a certificate; (b) domestic animals of the bovine species for slaughter which meet the requirements set out in the health certificate in Annex B to this Decision and which are accompanied by such a certificate; and, from a date to be decided according to the procedure laid down in Article 29 of Council Directive 72/462/EEC, but not earlier than 12 months after the date on which vaccination against classical swine fever has been officially prohibited in the Slovak Republic; (c) domestic animals of the porcine species for breeding or production which meet the requirements set out in the health certificate in Annex C to this Decision and which are accompanied by such a certificate; and (d) domestic animals of the porcine species for slaughter which meet the requirements set out in the health certificate in Annex D to this Decision and which are accompanied by such a certificate. 2. Member States shall authorize the importation from the Slovak Republic of the domestic animals of the bovine or porcine species indicated in paragraph 1 which have been imported into the Slovak Republic only if such animals were imported from the Community or from a third country included in the list annexed to Council Decision 79/542/EEC (7), as last amended by Commission Decision 95/322/EC (8), in so far as it covers domestic animals of these species and only if the importation was made in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Directive 72/462/EEC, including any subsidiary Decisions. 3. Member States shall require that animals which are submitted to tests in application of this Decision are continuously isolated under conditions approved by an official veterinarian of the Slovak Republic from all cloven-hoofed animals not intended for export to the Community or not of equivalent health status to such animals from the time of the first of such tests to the time of loading. 4. Member States shall permit the entry onto their territory from the Slovak Republic of bovine animals only if such animals: (a) come from herds declared by the veterinary authorities of the Slovak Republic to be enzootic bovine leukosis free as defined in Annex E to this Decision and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis carried out according to the protocol in Annex I to Commission Decision 91/189/EEC (9); or (b) are intended for meat production, are not more than 30 months of age, come from herds which are included in a national programme for the eradication of enzootic bovine leukosis and in which there has been no evidence whatever of that disease for at least 2 years and are permanently marked as described in Annex F to this Decision; or (c) come from herds which are included in a national programme for the eradication of enzootic bovine leukosis, are consigned directly to a slaughterhouse and are slaughtered within five working days of their arrival there. In the case of the animals referred to at (b) and (c) above, Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them until slaughter and shall take all measures to prevent contamination of indigenous herds. 5. Member States shall make the introduction onto their territory of bovine or porcine animals from the Slovak Republic subject to the following condition: - a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease. 6. Member States shall make the introduction onto their territory of pigs from the Slovak Republic subject to a guarantee that they have not been vaccinated against classical swine fever and, in the case of pigs intended for breeding or production, a guarantee that they have shown a negative result to a test for the antibody produced by the virus of classical swine fever. Article 2 Pending the entry into force of any measures adopted by the European Community for the eradication, prevention or control of a contagious or infectious bovine or porcine disease other than rabies, tuberculosis, brucellosis, foot-and-mouth disease, anthrax, rinderpest, contagious bovine pleuro-pneumonia, enzootic bovine leukosis, porcine enteroviral encephalomyelitis (Teschen disease), classical swine fever, African swine fever or swine vesicular disease, Member States may apply in respect of animals imported from the Slovak Republic such additional health conditions as they apply to other animals within the framework of a national programme, submitted to and approved by the Commission, for the eradication, prevention or control of such disease. Article 3 This Decision shall apply from the 30th day after its notification to the Member States. Article 4 This Decision is addressed to the Member States. Done at Brussels, 16 February 1996.

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DIRECTIVE 2006/49/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Having regard to the Opinion of the European Central Bank (2), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions (4) has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that it should be recast. (2) One of the objectives of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (5) is to allow investment firms authorised by the competent authorities of their home Member State and supervised by the same authorities to establish branches and provide services freely in other Member States. That Directive accordingly provides for the coordination of the rules governing the authorisation and pursuit of the business of investment firms. (3) Directive 2004/39/EC does not, however, establish common standards for the own funds of investment firms nor indeed does it establish the amounts of the initial capital of such firms or a common framework for monitoring the risks incurred by them. (4) It is appropriate to effect only the essential harmonisation that is necessary and sufficient to secure the mutual recognition of authorisation and of prudential supervision systems; in order to achieve mutual recognition within the framework of the internal financial market, measures should be laid down to coordinate the definition of the own funds of investment firms, the establishment of the amounts of their initial capital and the establishment of a common framework for monitoring the risks incurred by investment firms. (5) Since the objectives of this Directive, namely the establishment of the capital adequacy requirements applying to investment firms and credit institutions, the rules for their calculation and the rules for their prudential supervision, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the proposed action, 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 its objectives. (6) It is appropriate to establish different amounts of initial capital depending on the range of activities that investment firms are authorised to undertake. (7) Existing investment firms should be permitted, under certain conditions, to continue their business even if they do not comply with the minimum amount of initial capital fixed for new investment firms. (8) Member States should be able to establish rules stricter than those provided for in this Directive. (9) The smooth operation of the internal market requires not only legal rules but also close and regular cooperation and significantly enhanced convergence of regulatory and supervisory practices between the competent authorities of the Member States. (10) The Commission Communication of 11 May 1999 entitled ‘Implementing the framework for financial markets: Action Plan’ listed a number of goals that need to be achieved in order to complete the internal market in financial services. The Lisbon European Council of 23 and 24 March 2000 set the goal of implementing the action plan by 2005. Recasting of the provisions on own funds is a key element of the action plan. (11) Since investment firms face in respect of their trading book business the same risks as credit institutions, it is appropriate for the pertinent provisions of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (6) to apply equally to investment firms. (12) The own funds of investment firms or credit institutions (hereinafter referred to collectively as ‘institutions’) can serve to absorb losses which are not matched by a sufficient volume of profits, to ensure the continuity of institutions and to protect investors. The own funds also serve as an important yardstick for the competent authorities, in particular for the assessment of the solvency of institutions and for other prudential purposes. Furthermore, institutions, engage in direct competition with each other in the internal market. Therefore, in order to strengthen the Community financial system and to prevent distortions of competition, it is appropriate to lay down common basic standards for own funds. (13) For the purposes of recital (12), it is appropriate for the definition of own funds as laid down in Directive 2006/48/EC to serve as a basis, and to provide for supplementary specific rules which take into account the different scope of market risk related capital requirements. (14) As regards credit institutions, common standards have already been established for the supervision and monitoring of different types of risks by Directive 2000/12/EC. (15) In that respect, the provisions on minimum capital requirements should be considered in conjunction with other specific instruments which also harmonise the fundamental techniques of the supervision of institutions. (16) It is necessary to develop common standards for market risks incurred by credit institutions and provide a complementary framework for the supervision of the risks incurred by institutions, in particular market risks, and more especially position risks, counterparty/settlement risks and foreign-exchange risks. (17) It is necessary to provide for the concept of a ‘trading book’ comprising positions in securities and other financial instruments which are held for trading purposes and which are subject mainly to market risks and exposures relating to certain financial services provided to customers. (18) With a view to reducing the administrative burden for institutions with negligible trading-book business in both absolute and relative terms, such institutions should be able to apply Directive 2006/48/EC, rather than the requirements laid down in Annexes I and II to this Directive. (19) It is important that monitoring of settlement/delivery risks should take account of the existence of systems offering adequate protection reducing those risks. (20) In any case, institutions should comply with this Directive as regards the coverage of the foreign-exchange risks on their overall business. Lower capital requirements should be imposed for positions in closely correlated currencies, whether statistically confirmed or arising out of binding intergovernmental agreements. (21) The capital requirements for commodity dealers, including those dealers currently exempt from the requirements of Directive 2004/39/EC, will be reviewed as appropriate in conjunction with the review of that exemption as set out in Article 65(3) of that Directive. (22) The goal of liberalisation of gas and electricity markets is both economically and politically important for the Community. With this in mind, the capital requirements and other prudential rules to be applied to firms active in those markets should be proportionate and should not unduly interfere with achievement of the goal of liberalisation. This goal should, in particular, be kept in mind when the reviews referred to in recital 21 are carried out. (23) The existence of internal systems for monitoring and controlling interest-rate risks on all business of institutions is a particularly important way of minimising such risks. Consequently, such systems should be supervised by the competent authorities. (24) Since Directive 2006/48/EC does not establish common rules for the monitoring and control of large exposures in activities which are principally subject to market risks, it is therefore appropriate to provide for such rules. (25) Operational risk is a significant risk faced by institutions and requires coverage by own funds. It is essential to take account of the diversity of institutions in the EU by providing alternative approaches. (26) Directive 2006/48/EC states the principle of consolidation. It does not establish common rules for the consolidation of financial institutions which are involved in activities principally subject to market risks. (27) In order to ensure adequate solvency of institutions within a group, it is essential that the minimum capital requirements apply on the basis of the consolidated financial situation of the group. In order to ensure that own funds are appropriately distributed within the group and are available to protect investments where needed, the minimum capital requirements should apply to individual institutions within a group, unless this objective can be effectively achieved by other means. (28) Directive 2006/48/EC does not apply to groups which include one or more investment firms but no credit institutions. A common framework for the introduction of the supervision of investment firms on a consolidated basis should therefore be provided for. (29) Institutions should ensure that they have internal capital which, having regard to the risks to which they are or might be exposed, is adequate in quantity, quality and distribution. Accordingly, institutions should have strategies and processes in place for assessing and maintaining the adequacy of their internal capital. (30) Competent authorities should evaluate the adequacy of own funds of institutions, having regard to the risks to which the latter are exposed. (31) In order for the internal banking market to operate effectively, the Committee of European Banking Supervisors should contribute to the consistent application of this Directive and to the convergence of supervisory practices throughout the Community, and should report on a yearly basis to the Community Institutions on progress made. (32) In order for the internal market to operate with increasing effectiveness it is essential that there should be significantly enhanced convergence in the implementation and application of the provisions of harmonising Community legislation. (33) For the same reason, and to ensure that Community institutions which are active in several Member States are not disproportionately burdened as a result of the continued responsibilities of individual Member State competent authorities for authorisation and supervision, it is essential significantly to enhance the cooperation between competent authorities. In this context the role of the consolidating supervisor should be strengthened. (34) In order for the internal market to operate with increasing effectiveness and for citizens of the Union to be afforded adequate levels of transparency, it is necessary that competent authorities disclose publicly and in a way which allows for meaningful comparison the manner in which the requirements of this Directive are implemented. (35) In order to strengthen market discipline and stimulate institutions to improve their market strategy, risk control and internal management organisation, appropriate public disclosures by institutions should be provided for. (36) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). (37) In its Resolution of 5 February 2002 on the implementation of financial services legislation (8), the Parliament requested that the Parliament and the Council should have an equal role in supervising the way in which the Commission exercises its executive role in order to reflect the legislative powers of Parliament under Article 251 of the Treaty. In the solemn declaration made before the Parliament the same day, by its President, the Commission supported this request. On 11 December 2002, the Commission proposed amendments to Decision 1999/468/EC and then submitted an amended proposal on 22 April 2004. The Parliament considers that this proposal does not preserve its legislative prerogatives. In the Parliament's view, the Parliament and the Council should have the opportunity of evaluating the conferral of implementing powers on the Commission within a determined period. It is therefore appropriate to limit the period during which the Commission may adopt implementing measures. (38) The Parliament should be given a period of three months from the first transmission of draft amendments and implementing measures to allow it to examine them and to give its opinion. However, in urgent and duly justified cases, it should be possible to shorten this period. If, within that period, a resolution is adopted by the Parliament, the Commission should re-examine the draft amendments or measures. (39) In order to avoid disruption to markets and to ensure continuity in overall levels of own funds, it is appropriate to provide for specific transitional arrangements. (40) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law. (41) The obligation to transpose this Directive into national law should be confined to those provisions that represent a substantive change compared to earlier directives. The obligation to transpose the provisions that remain unchanged exists under the earlier directives. (42) 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 Part B of Annex VIII, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I Subject matter, scope and definitions Section 1 Subject matter and scope Article 1 1. This Directive lays down the capital adequacy requirements applying to investment firms and credit institutions, the rules for their calculation and the rules for their prudential supervision. Member States shall apply the requirements of this Directive to investment firms and credit institutions as defined in Article 3. 2. A Member State may impose additional or more stringent requirements on those investment firms and credit institutions that it has authorised. Article 2 1. Subject to Articles 18, 20, 22 to 32, 34 and 39 of this Directive, Articles 68 to 73 of Directive 2006/48/EC shall apply mutatis mutandis to investment firms. In applying Articles 70 to 72 of Directive 2006/48/EC to investment firms, every reference to a parent credit institution in a Member State shall be construed as a reference to a parent investment firm in a Member State and every reference to an EU parent credit institution shall be construed as a reference to an EU parent investment firm. Where a credit institution has as a parent undertaking a parent investment firm in a Member State, only that parent investment firm shall be subject to requirements on a consolidated basis in accordance with Articles 71 to 73 of Directive 2006/48/EC. Where an investment firm has as a parent undertaking a parent credit institution in a Member State, only that parent credit institution shall be subject to requirements on a consolidated basis in accordance with Articles 71 to 73 of Directive 2006/48/EC. Where a financial holding company has as a subsidiary both a credit institution and an investment firm, requirements on the basis of the consolidated financial situation of the financial holding company shall apply to the credit institution. 2. When a group covered by paragraph 1 does not include a credit institution, Directive 2006/48/EC shall apply, subject to the following: (a) every reference to credit institutions shall be construed as a reference to investment firms; (b) in Articles 125 and 140(2) of Directive 2006/48/EC, each reference to other articles of that Directive shall be construed as a reference to Directive 2004/39/EC; (c) for the purposes of Article 39(3) of Directive 2006/48/EC, references to the European Banking Committee shall be construed as references to the Council and the Commission; and (d) by way of derogation from Article 140(1) of Directive 2006/48/EC, where a group does not include a credit institution, the first sentence of that Article shall be replaced by the following: ‘Where an investment firm, a financial holding company or a mixed-activity holding company controls one or more subsidiaries which are insurance companies, the competent authorities and the authorities entrusted with the public task of supervising insurance undertakings shall cooperate closely’. Section 2 Definitions Article 3 1. For the purposes of this Directive the following definitions shall apply: (a) ‘credit institutions’ means credit institutions as defined in Article 4(1) of Directive 2006/48/EC; (b) ‘investment firms’ means institutions as defined in Article 4(1)(1) of Directive 2004/39/EC, which are subject to the requirements imposed by that Directive, excluding: (i) credit institutions; (ii) local firms as defined in point (p); and (iii) firms which are only authorised to provide the service of investment advice and/or receive and transmit orders from investors without holding money or securities belonging to their clients and which for that reason may not at any time place themselves in debt with those clients; (c) ‘institutions’ means credit institutions and investment firms; (d) ‘recognised third-country investment firms’ means firms meeting the following conditions: (i) firms which, if they were established within the Community, would be covered by the definition of investment firm; (ii) firms which are authorised in a third country; and (iii) firms which are subject to and comply with prudential rules considered by the competent authorities as at least as stringent as those laid down by this Directive; (e) ‘financial instruments’ means any contract that gives rise to both a financial asset of one party and a financial liability or equity instrument of another party; (f) ‘parent investment firm in a Member State’ means an investment firm which has an institution or financial institution as a subsidiary or which holds a participation in one or both such entities, and which is not itself a subsidiary of another institution authorised in the same Member State or of a financial holding company set up in the same Member State; (g) ‘EU parent investment firm’ means a parent investment firm in a Member State which is not a subsidiary of another institution authorised in any Member State or of a financial holding company set up in any Member State; (h) ‘over-the-counter (OTC) derivative instruments’ means the items falling within the list in Annex IV to Directive 2006/48/EC other than those items to which an exposure value of zero is attributed under point 6 of Part 2 of Annex III to that Directive; (i) ‘regulated market’ means a market as defined in Article 4(1)(14) of Directive 2004/39/EC; (j) ‘convertible’ means a security which, at the option of the holder, may be exchanged for another security; (k) ‘warrant’ means a security which gives the holder the right to purchase an underlying asset at a stipulated price until or at the expiry date of the warrant and which may be settled by the delivery of the underlying itself or by cash settlement; (l) ‘stock financing’ means positions where physical stock has been sold forward and the cost of funding has been locked in until the date of the forward sale; (m) ‘repurchase agreement’ and ‘reverse repurchase agreement’ mean any agreement in which an institution or its counterparty transfers securities or commodities or guaranteed rights relating to title - to securities or commodities where that guarantee is issued by a recognised exchange which holds the rights to the securities or commodities and the agreement does not allow an institution to transfer or pledge a particular security or commodity to more than one counterparty at one time, subject to a commitment to repurchase them - or substituted securities or commodities of the same description - at a specified price on a future date specified, or to be specified, by the transferor, being a repurchase agreement for the institution selling the securities or commodities and a reverse repurchase agreement for the institution buying them; (n) ‘securities or commodities lending’ and ‘securities or commodities borrowing’ mean any transaction in which an institution or its counterparty transfers securities or commodities against appropriate collateral, subject to a commitment that the borrower will return equivalent securities or commodities at some future date or when requested to do so by the transferor, that transaction being securities or commodities lending for the institution transferring the securities or commodities and being securities or commodities borrowing for the institution to which they are transferred; (o) ‘clearing member’ means a member of the exchange or the clearing house which has a direct contractual relationship with the central counterparty (market guarantor); (p) ‘local firm’ means a firm dealing for its own account on markets in financial futures or options or other derivatives and on cash markets for the sole purpose of hedging positions on derivatives markets, or dealing for the accounts of other members of those markets and being guaranteed by clearing members of the same markets, where responsibility for ensuring the performance of contracts entered into by such a firm is assumed by clearing members of the same markets; (q) ‘delta’ means the expected change in an option price as a proportion of a small change in the price of the instrument underlying the option; (r) ‘own funds’ means own funds as defined in Directive 2006/48/EC; and (s) ‘capital’ means own funds. For the purposes of applying supervision on a consolidated basis, the term ‘investment firm’ shall include third-country investment firms. For the purposes of point (e), financial instruments shall include both primary financial instruments or cash instruments and derivative financial instruments the value of which is derived from the price of an underlying financial instrument, a rate, an index or the price of another underlying item, and include as a minimum the instruments specified in Section C of Annex I to Directive 2004/39/EC. 2. The terms ‘parent undertaking’, ‘subsidiary undertaking’, ‘asset management company’ and ‘financial institution’ shall cover undertakings defined in Article 4 of Directive 2006/48/EC. The terms ‘financial holding company’, ‘parent financial holding company in a Member State’, ‘EU parent financial holding company’ and ‘ancillary services undertaking’ shall cover undertakings defined in Article 4 of Directive 2006/48/EC, save that every reference to credit institutions shall be read as a reference to institutions. 3. For the purposes of applying Directive 2006/48/EC to groups covered by Article 2(1) which do not include a credit institution, the following definitions shall apply: (a) ‘financial holding company’ means a financial institution the subsidiary undertakings of which are either exclusively or mainly investment firms or other financial institutions, at least one of which is an investment firm, and which is not a mixed financial holding company within the meaning of Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (9); (b) ‘mixed-activity holding company’ means a parent undertaking, other than a financial holding company or an investment firm or a mixed financial holding company within the meaning of Directive 2002/87/EC, the subsidiaries of which include at least one investment firm; and (c) ‘competent authorities’ means the national authorities which are empowered by law or regulation to supervise investment firms. CHAPTER II Initial capital Article 4 For the purposes of this Directive, ‘initial capital’ shall be comprised of the items referred to in Article 57(a) and (b) of Directive 2006/48/EC. Article 5 1. An investment firm that does not deal in any financial instruments for its own account or underwrite issues of financial instruments on a firm commitment basis, but which holds clients' money and/or securities and which offers one or more of the following services, shall have initial capital of EUR 125 000: (a) the reception and transmission of investors' orders for financial instruments; (b) the execution of investors' orders for financial instruments; or (c) the management of individual portfolios of investments in financial instruments. 2. The competent authorities may allow an investment firm which executes investors' orders for financial instruments to hold such instruments for its own account if the following conditions are met: (a) such positions arise only as a result of the firm's failure to match investors' orders precisely; (b) the total market value of all such positions is subject to a ceiling of 15 % of the firm's initial capital; (c) the firm meets the requirements laid down in Articles 18, 20 and 28; and (d) such positions are incidental and provisional in nature and strictly limited to the time required to carry out the transaction in question. The holding of non-trading-book positions in financial instruments in order to invest own funds shall not be considered as dealing in relation to the services set out in paragraph 1 or for the purposes of paragraph 3. 3. Member States may reduce the amount referred to in paragraph 1 to EUR 50 000 where a firm is not authorised to hold clients' money or securities, to deal for its own account, or to underwrite issues on a firm commitment basis. Article 6 Local firms shall have initial capital of EUR 50 000 insofar as they benefit from the freedom of establishment or to provide services specified in Articles 31 and 32 of Directive 2004/39/EC. Article 7 Coverage for the firms referred to in Article 3(1)(b)(iii) shall take one of the following forms: (a) initial capital of EUR 50 000; (b) professional indemnity insurance covering the whole territory of the Community or some other comparable guarantee against liability arising from professional negligence, representing at least EUR 1 000 000 applying to each claim and in aggregate EUR 1 500 000 per year for all claims; or (c) a combination of initial capital and professional indemnity insurance in a form resulting in a level of coverage equivalent to that referred to in points (a) or (b). The amounts referred to in the first sub-paragraph shall be periodically reviewed by the Commission in order to take account of changes in the European Index of Consumer Prices as published by Eurostat, in line with and at the same time as the adjustments made under Article 4(7) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (10). Article 8 If a firm as referred to in Article 3(1)(b)(iii) is also registered under Directive 2002/92/EC, it shall comply with Article 4(3) of that Directive and have coverage in one of the following forms: (a) initial capital of EUR 25 000; (b) professional indemnity insurance covering the whole territory of the Community or some other comparable guarantee against liability arising from professional negligence, representing at least EUR 500 000 applying to each claim and in aggregate EUR 750 000 per year for all claims; or (c) a combination of initial capital and professional indemnity insurance in a form resulting in a level of coverage equivalent to that referred to in points (a) or (b). Article 9 All investment firms other than those referred to in Articles 5 to 8 shall have initial capital of EUR 730 000. Article 10 1. By way of derogation from Articles 5(1), 5(3), 6 and 9, Member States may continue an authorisation of investment firms and firms covered by Article 6 which was in existence before 31 December 1995, the own funds of which firms or investment firms are less than the initial capital levels specified for them in Articles 5(1), 5(3), 6 and 9. The own funds of such firms or investment firms shall not fall below the highest reference level calculated after the date of notification contained in Directive 93/6/EEC. That reference level shall be the average daily level of own funds calculated over a six-month period preceding the date of calculation. It shall be calculated every six months in respect of the corresponding preceding period. 2. If control of a firm covered by paragraph 1 is taken by a natural or legal person other than the person who controlled it previously, the own funds of that firm shall attain at least the level specified for them in Articles 5(1), 5(3), 6 and 9, except in the case of a first transfer by inheritance made after 31 December 1995, subject to the competent authorities' approval and for a period of not more than 10 years from the date of that transfer. 3. In certain specific circumstances, and with the approval of the competent authorities, in the event of a merger of two or more investment firms and/or firms covered by Article 6, the own funds of the firm produced by the merger need not attain the level specified in Articles 5(1), 5(3), 6 and 9. Nevertheless, during any period when the level specified in Articles 5(1), 5(3), 6 and 9 has not been attained, the own funds of the new firm may not fall below the merged firms' total own funds at the time of the merger. 4. The own funds of investment firms and firms covered by Article 6 may not fall below the level specified in Articles 5(1), 5(3), 6 and 9 and paragraphs 1 and 3 of this Article. In the event that the own funds of such firms and investment firms fall below that level, the competent authorities may, where the circumstances justify it, allow such firms a limited period in which to rectify their situations or cease their activities. CHAPTER III Trading book Article 11 1. The trading book of an institution shall consist of all positions in financial instruments and commodities held either with trading intent or in order to hedge other elements of the trading book and which are either free of any restrictive covenants on their tradability or able to be hedged. 2. Positions held with trading intent are those held intentionally for short-term resale and/or with the intention of benefiting from actual or expected short-term price differences between buying and selling prices or from other price or interest rate variations. The term ‘positions’ shall include proprietary positions and positions arising from client servicing and market making. 3. Trading intent shall be evidenced on the basis of the strategies, policies and procedures set up by the institution to manage the position or portfolio in accordance with Part A of Annex VII. 4. Institutions shall establish and maintain systems and controls to manage their trading book in accordance with Parts B and D of Annex VII. 5. Internal hedges may be included in the trading book, in which case Part C of Annex VII shall apply. CHAPTER IV Own funds Article 12 ‘Original own funds’ means the sum of points (a) to (c), less the sum of points (i) to (k) of Article 57 of Directive 2006/48/EC. The Commission shall, by 1 January 2009,,submit an appropriate proposal to the European Parliament and to the Council for amendment of this Chapter. Article 13 1. Subject to paragraphs 2 to 5 of this Article and Articles 14 to 17, the own funds of investment firms and credit institutions shall be determined in accordance with Directive 2006/48/EC. In addition, the first subparagraph applies to investment firms which do not have one of the legal forms referred to in Article 1(1) of the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3) of the Treaty on the annual accounts of certain types of companies (11). 2. By way of derogation from paragraph 1, the competent authorities may permit those institutions which are obliged to meet the capital requirements calculated in accordance with Articles 21 and 28 to 32 and Annexes I and III to VI to use, for that purpose only, an alternative determination of own funds. No part of the own funds used for that purpose may be used simultaneously to meet other capital requirements. Such an alternative determination shall be the sum of the items set out in points (a) to (c) of this subparagraph, minus the item set out in point (d), with the deduction of that last item being left to the discretion of the competent authorities: (a) own funds as defined in Directive 2006/48/EC, excluding only points (l) to (p) of Article 57 of that Directive for those investment firms which are required to deduct item (d) of this paragraph from the total of items (a) to (c); (b) an institution's net trading-book profits net of any foreseeable charges or dividends, less net losses on its other business, provided that none of those amounts has already been included in item (a) of this paragraph as one of the items set out in points (b) or (k) of Article 57 of Directive 2006/48/EC; (c) subordinated loan capital and/or the items referred to in paragraph 5 of this Article, subject to the conditions set out in paragraphs 3 and 4 of this Article and in Article 14; and (d) illiquid assets as specified in Article 15. 3. The subordinated loan capital referred to in point (c) of the second subparagraph of paragraph 2 shall have an initial maturity of at least two years. It shall be fully paid up and the loan agreement shall not include any clause providing that in specified circumstances, other than the winding up of the institution, the debt will become repayable before the agreed repayment date, unless the competent authorities approve the repayment. Neither the principal nor the interest on such subordinated loan capital may be repaid if such repayment would mean that the own funds of the institution in question would then amount to less than 100 % of that institution's overall capital requirements. In addition, an institution shall notify the competent authorities of all repayments on such subordinated loan capital as soon as its own funds fall below 120 % of its overall capital requirements. 4. The subordinated loan capital referred to in point (c) of the second subparagraph of paragraph 2 may not exceed a maximum of 150 % of the original own funds left to meet the requirements calculated in accordance with Articles 21 and 28 to 32 and Annexes I to VI and may approach that maximum only in particular circumstances acceptable to the competent authorities. 5. The competent authorities may permit institutions to replace the subordinated loan capital referred to in point (c) of the second subparagraph of paragraph 2 with points (d) to (h) of Article 57 of Directive 2006/48/EC. Article 14 1. The competent authorities may permit investment firms to exceed the ceiling for subordinated loan capital set out in Article 13(4) if they judge it prudentially adequate and provided that the total of such subordinated loan capital and the items referred to in Article 13(5) does not exceed 200 % of the original own funds left to meet the requirements calculated in accordance with Articles 21 and 28 to 32 and Annexes I and III to VI, or 250 % of the same amount where investment firms deduct the item set out in Article 13(2)(d) when calculating own funds. 2. The competent authorities may permit the ceiling for subordinated loan capital set out in Article 13(4) to be exceeded by a credit institution if they judge it prudentially adequate and provided that the total of such subordinated loan capital and points (d) to (h) of Article 57 of Directive 2006/48/EC does not exceed 250 % of the original own funds left to meet the requirements calculated in accordance with Articles 28 to 32 and Annexes I and III to VI to this Directive. Article 15 Illiquid assets as referred to in point (d) of the second subparagraph of Article 13(2) shall include the following: (a) tangible fixed assets, except to the extent that land and buildings may be allowed to count against the loans which they are securing; (b) holdings in, including subordinated claims on, credit or financial institutions which may be included in the own funds of those institutions, unless they have been deducted under points (l) to (p) of Article 57 of Directive 2006/48/EC or under Article 16(d) of this Directive; (c) holdings and other investments in undertakings other than credit or financial institutions, which are not readily marketable; (d) deficiencies in subsidiaries; (e) deposits made, other than those which are available for repayment within 90 days, and also excluding payments in connection with margined futures or options contracts; (f) loans and other amounts due, other than those due to be repaid within 90 days; and (g) physical stocks, unless they are already subject to capital requirements at least as stringent as those set out in Articles 18 and 20. For the purposes of point (b), where shares in a credit or financial institution are held temporarily for the purpose of a financial assistance operation designed to reorganise and save that institution, the competent authorities may waive the application of this Article. They may also waive it in respect of those shares which are included in an investment firm's trading book. Article 16 Investment firms included in a group which has been granted the waiver provided for in Article 22 shall calculate their own funds in accordance with Articles 13 to 15, subject to the following: (a) the illiquid assets referred to in Article 13(2)(d) shall be deducted; (b) the exclusion referred to in point (a) of Article 13(2) shall not cover those components of points (l) to (p) of Article 57 of Directive 2006/48/EC which an investment firm holds in respect of undertakings included in the scope of consolidation as defined in Article 2(1) of this Directive; (c) the limits referred to in points (a) and (b) of Article 66(1) of Directive 2006/48/EC shall be calculated with reference to the original own funds less the components of points (l) to (p) of Article 57 of that Directive as referred to in point (b) of this Article which are elements of the original own funds of those undertakings; and (d) the components of points (l) to (p) of Article 57 of Directive 2006/48/EC referred to in point (c) of this Article shall be deducted from the original own funds rather than from the total of all items as laid down in Article 66(2) of that Directive for the purposes in particular of Articles 13(4), 13(5) and 14 of this Directive. Article 17 1. Where an institution calculates risk-weighted exposure amounts for the purposes of Annex II to this Directive in accordance with Articles 84 to 89 of Directive 2006/48/EC, then for the purposes of the calculation provided for in point 4 of Part 1 of Annex VII to Directive 2006/48/EC, the following shall apply: (a) value adjustments made to take account of the credit quality of the counterparty may be included in the sum of value adjustments and provisions made for the exposures indicated in Annex II; and (b) subject to the approval of the competent authorities, if the credit risk of the counterparty is adequately taken into account in the valuation of a position included in the trading book, the expected loss amount for the counterparty risk exposure shall be zero. For the purposes of point (a), for such institutions, such value adjustments shall not be included in own funds other than in accordance with the provisions of this paragraph. 2. For the purposes of this Article, Article 153 and 154 of Directive 2006/48/EC shall apply. CHAPTER V Section 1 Provisions against risks Article 18 1. Institutions shall have own funds which are always more than or equal to the sum of the following: (a) the capital requirements, calculated in accordance with the methods and options laid down in Articles 28 to 32 and Annexes I, II and VI and, as appropriate, Annex V, for their trading-book business; and (b) the capital requirements, calculated in accordance with the methods and options laid down in Annexes III and IV and, as appropriate, Annex V, for all of their business activities. 2. By way of derogation from paragraph 1, the competent authorities may allow institutions to calculate the capital requirements for their trading book business in accordance with Article 75(a) of Directive 2006/48/EC and points 6, 7, and 9 of Annex II to this Directive, where the size of the trading book business meets the following requirements: (a) the trading-book business of such institutions does not normally exceed 5 % of their total business; (b) their total trading-book positions do not normally exceed EUR 15 million; and (c) the trading-book business of such institutions never exceeds 6 % of their total business and their total trading-book positions never exceed EUR 20 million. 3. In order to calculate the proportion that trading-book business bears to total business for the purposes of points (a) and (c) of paragraph 2, the competent authorities may refer either to the size of the combined on- and off-balance-sheet business, to the profit and loss account or to the own funds of the institutions in question, or to a combination of those measures. When the size of on- and off-balance-sheet business is assessed, debt instruments shall be valued at their market prices or their principal values, equities at their market prices and derivatives according to the nominal or market values of the instruments underlying them. Long positions and short positions shall be summed regardless of their signs. 4. If an institution should happen for more than a short period to exceed either or both of the limits imposed in paragraph 2(a) and (b) or either or both of the limits imposed in paragraph 2(c), it shall be required to meet the requirements imposed in paragraph 1(a) in respect of its trading-book business and to notify the competent authority thereof. Article 19 1. For the purposes of point 14 of Annex I, subject to the discretion of the national authorities, a 0 % weighting can be assigned to debt securities issued by the entities listed in Table 1 of Annex I, where these debt securities are denominated and funded in domestic currency. 2. By way of derogation from points 13 and 14 of Annex I, Member States may set a specific risk requirement for any bonds falling within points 68 to 70 of Part 1 of Annex VI to Directive 2006/48/EC which shall be equal to the specific risk requirement for a qualifying item with the same residual maturity as such bonds and reduced in accordance with the percentages given in point 71 of Part 1 to Annex VI to that Directive. 3. If, as set out in point 52 of Annex I, a competent authority approves a third country's collective investment undertaking (CIU) as eligible, a competent authority in another Member State may make use of this approval without conducting its own assessment. Article 20 1. Subject to paragraphs 2, 3 and 4 of this Article, and Article 34 of this Directive, the requirements in Article 75 of Directive 2006/48/EC shall apply to investment firms. 2. By way of derogation from paragraph 1, competent authorities may allow investment firms that are not authorised to provide the investment services listed in points 3 and 6 of Section A of Annex I to Directive 2004/39/EC to provide own funds which are always more than or equal to the higher of the following: (a) the sum of the capital requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC; and (b) the amount laid down in Article 21 of this Directive. 3. By way of derogation from paragraph 1, competent authorities may allow investment firms which hold initial capital as set out in Article 9, but which fall within the following categories, to provide own funds which are always more than or equal to the sum of the capital requirements calculated in accordance with the requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC and the amount laid down in Article 21 of this Directive: (a) investment firms that deal on own account only for the purpose of fulfilling or executing a client order or for the purpose of gaining entrance to a clearing and settlement system or a recognised exchange when acting in an agency capacity or executing a client order; and b) investment firms: (i) that do not hold client money or securities; (ii) that undertake only dealing on own account; (iii) that have no external customers; (iv) the execution and settlement of whose transactions takes place under the responsibility of a clearing institution and are guaranteed by that clearing institution. 4. Investment firms referred to in paragraphs 2 and 3 shall remain subject to all other provisions regarding operational risk set out in Annex V of Directive 2006/48/EC. 5. Article 21 shall apply only to investment firms to which paragraphs (2) or (3) or Article 46 apply and in the manner specified therein. Article 21 Investment firms shall be required to hold own funds equivalent to one quarter of their preceding year's fixed overheads. The competent authorities may adjust that requirement in the event of a material change in a firm's business since the preceding year. Where a firm has not completed a year's business, starting from the day it starts up, the requirement shall be a quarter of the fixed overheads projected in its business plan, unless an adjustment to that plan is required by the competent authorities. Section 2 Application of requirements on a consolidated basis Article 22 1. The competent authorities required or mandated to exercise supervision of groups covered by Article 2 on a consolidated basis may waive, on a case-by-case basis, the application of capital requirements on a consolidated basis provided that: (a) each EU investment firm in such a group uses the calculation of own funds set out in Article 16; (b) all investment firms in such a group fall within the categories in Article 20(2) and (3); (c) each EU investment firm in such a group meets the requirements imposed in Articles 18 and 20 on an individual basis and at the same time deducts from its own funds any contingent liability in favour of investment firms, financial institutions, asset management companies and ancillary services undertakings, which would otherwise be consolidated and; (d) any financial holding company which is the parent financial holding company in a Member State of any investment firm in such a group holds at least as much capital, defined here as the sum of points (a) to (h) of Article 57 of Directive 2006/48/EC, as the sum of the full book value of any holdings, subordinated claims and instruments as referred to in Article 57 of that Directive in investment firms, financial institutions, asset management companies and ancillary services undertakings which would otherwise be consolidated, and the total amount of any contingent liability in favour of investment firms, financial institutions, asset management companies and ancillary services undertakings which would otherwise be consolidated. Where the criteria in the first subparagraph are met, each EU investment firm shall have in place systems to monitor and control the sources of capital and funding of all financial holding companies, investment firms, financial institutions, asset management companies and ancillary services undertakings within the group. 2. By way of derogation from paragraph 1, competent authorities may permit financial holding companies which are the parent financial holding company in a Member State of an investment firm in such a group to use a value lower than the value calculated under paragraph 1(d), but no lower than the sum of the requirements imposed in Articles 18 and 20 on an individual basis to investment firms, financial institutions, asset management companies and ancillary services undertakings which would otherwise be consolidated and the total amount of any contingent liability in favour of investment firms, financial institutions, asset management companies and ancillary services undertakings which would otherwise be consolidated. For the purposes of this paragraph, the capital requirement for investment undertakings of third countries, financial institutions, asset management companies and ancillary services undertakings is a notional capital requirement. Article 23 The competent authorities shall require investment firms in a group which has been granted the waiver provided for in Article 22 to notify them of the risks which could undermine their financial positions, including those associated with the composition and sources of their capital and funding. If the competent authorities then consider that the financial positions of those investment firms is not adequately protected, they shall require them to take measures including, if necessary, limitations on the transfer of capital from such firms to group entities. Where the competent authorities waive the obligation of supervision on a consolidated basis provided for in Article 22, they shall take other appropriate measures to monitor the risks, namely large exposures, of the whole group, including any undertakings not located in a Member State. Where the competent authorities waive the application of capital requirements on a consolidated basis provided for in Article 22, the requirements of Article 123 and Chapter 5 of Title V of Directive 2006/48/EC shall apply on an individual basis, and the requirements of Article 124 of that Directive shall apply to the supervision of investment firms on an individual basis. Article 24 1. By way of derogation from Article 2(2), competent authorities may exempt investment firms from the consolidated capital requirement established in that Article, provided that all the investment firms in the group are covered by Article 20(2) and the group does not include credit institutions. 2. Where the requirements of paragraph 1 are met, a parent investment firm in a Member State shall be required to provide own funds at a consolidated level which are always more than or equal to the higher of the following two amounts, calculated on the basis of the parent investment firm's consolidated financial position and in compliance with Section 3 of this Chapter: (a) the sum of the capital requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC; and (b) the amount prescribed in Article 21 of this Directive. 3. Where the requirements of paragraph 1 are met, an investment firm controlled by a financial holding company shall be required to provide own funds at a consolidated level which are always more than or equal to the higher of the following two amounts, calculated on the basis of the financial holding company's consolidated financial position and in compliance with Section 3 of this Chapter: (a) the sum of the capital requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC; and (b) the amount prescribed in Article 21 of this Directive. Article 25 By way of derogation from Article 2(2), competent authorities may exempt investment firms from the consolidated capital requirement established in that Article, provided that all the investment firms in the group fall within the investment firms referred to in Article 20(2) and (3), and the group does not include credit institutions. Where the requirements of the first paragraph are met, a parent investment firm in a Member State shall be required to provide own funds at a consolidated level which are always more than or equal to the sum of the requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC and the amount prescribed in Article 21 of this Directive, calculated on the basis of the parent investment firm's consolidated financial position and in compliance with Section 3 of this Chapter. Where the requirements of the first paragraph are met, an investment firm controlled by a financial holding company shall be required to provide own funds at a consolidated level which are always more than or equal to the sum of the requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC and the amount prescribed in Article 21 of this Directive, calculated on the basis of the financial holding company's consolidated financial position and in compliance with Section 3 of this Chapter. Section 3 Calculation of consolidated requirements Article 26 1. Where the waiver provided for in Article 22 is not exercised, the competent authorities may, for the purpose of calculating the capital requirements set out in Annexes I and V and the exposures to clients set out in Articles 28 to 32 and Annex VI on a consolidated basis, permit positions in the trading book of one institution to offset positions in the trading book of another institution according to the rules set out in Articles 28 to 32 Annexes I, V and VI. In addition, the competent authorities may allow foreign-exchange positions in one institution to offset foreign-exchange positions in another institution in accordance with the rules set out in Annex III and/or Annex V. They may also allow commodities positions in one institution to offset commodities positions in another institution in accordance with the rules set out in Annex IV and/or Annex V. 2. The competent authorities may permit offsetting of the trading book and of the foreign-exchange and commodities positions, respectively, of undertakings located in third countries, subject to the simultaneous fulfilment of the following conditions: (a) such undertakings have been authorised in a third country and either satisfy the definition of credit institution set out in Article 4(1) of Directive 2006/48/EC or are recognised third-country investment firms; (b) such undertakings comply, on an individual basis, with capital adequacy rules equivalent to those laid down in this Directive; and (c) no regulations exist in the third countries in question which might significantly affect the transfer of funds within the group. 3. The competent authorities may also allow the offsetting provided for in paragraph 1 between institutions within a group that have been authorised in the Member State in question, provided that: (a) there is a satisfactory allocation of capital within the group; and (b) the regulatory, legal or contractual framework in which the institutions operate is such as to guarantee mutual financial support within the group. 4. Furthermore, the competent authorities may allow the offsetting provided for in paragraph 1 between institutions within a group that fulfil the conditions imposed in paragraph 3 and any institution included in the same group which has been authorised in another Member State provided that that institution is obliged to fulfil the capital requirements imposed in Articles 18, 20 and 28 on an individual basis. Article 27 1. In the calculation of own funds on a consolidated basis Article 65 of Directive 2006/48/EC shall apply. 2. The competent authorities responsible for exercising supervision on a consolidated basis may recognise the validity of the specific own-funds definitions applicable to the institutions concerned under Chapter IV in the calculation of their consolidated own funds. Section 4 Monitoring and control of large exposures Article 28 1. Institutions shall monitor and control their large exposures in accordance with Articles 106 to 118 of Directive 2006/48/EC. 2. By way of derogation from paragraph 1, institutions which calculate the capital requirements for their trading-book business in accordance with Annexes I and II, and, as appropriate, Annex V to this Directive, shall monitor and control their large exposures in accordance with Articles 106 to 118 of Directive 2006/48/EC subject to the amendments laid down in Articles 29 to 32 of this Directive. 3. By 31 December 2007, the Commission shall submit to the European Parliament and to the Council a report on the functioning of this Section, together with any appropriate proposals. Article 29 1. The exposures to individual clients which arise on the trading book shall be calculated by summing the following items: (a) the excess - where positive - of an institution's long positions over its short positions in all the financial instruments issued by the client in question, the net position in each of the different instruments being calculated according to the methods laid down in Annex I; (b) the net exposure, in the case of the underwriting of a debt or an equity instrument; and (c) the exposures due to the transactions, agreements and contracts referred to in Annex II with the client in question, such exposures being calculated in the manner laid down in that Annex, for the calculation of exposure values. For the purposes of point (b), the net exposure is calculated by deducting those underwriting positions which are subscribed or sub-underwritten by third parties on the basis of a formal agreement reduced by the factors set out in point 41 of Annex I. For the purposes of point (b), pending further coordination, the competent authorities shall require institutions to set up systems to monitor and control their underwriting exposures between the time of the initial commitment and working day one in the light of the nature of the risks incurred in the markets in question. For the purposes of point (c), Articles 84 to 89 of Directive 2006/48/EC shall be excluded from the reference in point 6 of Annex II to this Directive. 2. The exposures to groups of connected clients on the trading book shall be calculated by summing the exposures to individual clients in a group, as calculated in paragraph 1. Article 30 1. The overall exposures to individual clients or groups of connected clients shall be calculated by summing the exposures which arise on the trading book and the exposures which arise on the non-trading book, taking into account Article 112 to 117 of Directive 2006/48/EC. In order to calculate the exposure which arises on the non-trading book, institutions shall take the exposure arising from assets which are deducted from their own funds by virtue of point (d) of the second subparagraph of Article 13(2) to be zero. 2. Institutions' overall exposures to individual clients and groups of connected clients calculated in accordance with paragraph 4 shall be reported in accordance with Article 110 of Directive 2006/48/EC. Other than in relation to repurchase transactions, securities or commodities lending or borrowing transactions, the calculation of large exposures to individual clients and groups of connected clients for reporting purposes shall not include the recognition of credit risk mitigation. 3. The sum of the exposures to an individual client or group of connected clients in paragraph 1 shall be limited in accordance with Articles 111 to 117 of Directive 2006/48/EC. 4. By derogation from paragraph 3 competent authorities may allow assets constituting claims and other exposures on recognised third-country investment firms and recognised clearing houses and exchanges in financial instruments to be subject to the same treatment accorded to those on institutions laid out in Articles 113(3)(i), 115(2) and 116 of Directive 2006/48/EC. Article 31 The competent authorities may authorise the limits laid down in Articles 111 to 117 of Directive 2006/48/EC to be exceeded if the following conditions are met: (a) the exposure on the non-trading book to the client or group of clients in question does not exceed the limits laid down in Articles 111 to 117 of Directive 2006/48/EC, those limits being calculated with reference to own funds as specified in that Directive, so that the excess arises entirely on the trading book; (b) the institution meets an additional capital requirement on the excess in respect of the limits laid down in Article 111(1) and (2) of Directive 2006/48/EC, that additional capital requirement being calculated in accordance with Annex VI to that Directive; (c) where 10 days or less has elapsed since the excess occurred, the trading-book exposure to the client or group of connected clients in question shall not exceed 500 % of the institution's own funds; (d) any excesses that have persisted for more than 10 days must not, in aggregate, exceed 600 % of the institution's own funds; and (e) institutions shall report to the competent authorities every three months all cases where the limits laid down in Article 111(1) and (2) of Directive 2006/48/EC have been exceeded during the preceding three months. In relation to point (e), in each case in which the limits have been exceeded the amount of the excess and the name of the client concerned shall be reported. Article 32 1. The competent authorities shall establish procedures to prevent institutions from deliberately avoiding the additional capital requirements that they would otherwise incur, on exposures exceeding the limits laid down in Article 111(1) and (2) of Directive 2006/48/EC once those exposures have been maintained for more than 10 days, by means of temporarily transferring the exposures in question to another company, whether within the same group or not, and/or by undertaking artificial transactions to close out the exposure during the 10-day period and create a new exposure. The competent authorities shall notify the Council and the Commission of those procedures. Institutions shall maintain systems which ensure that any transfer which has the effect referred to in the first subparagraph is immediately reported to the competent authorities. 2. The competent authorities may permit institutions which are allowed to use the alternative determination of own funds under Article 13(2) to use that determination for the purposes of Articles 30(2), 30(3) and 31 provided that the institutions concerned are required to meet all of the obligations set out in Articles 110 to 117 of Directive 2006/48/EC, in respect of the exposures which arise outside their trading books by using own funds as defined in that Directive. Section 5 Valuation of positions for reporting purposes Article 33 1. All trading book positions shall be subject to prudent valuation rules as specified in Annex VII, Part B. These rules shall require institutions to ensure that the value applied to each of its trading book positions appropriately reflects the current market value. The former value shall contain an appropriate degree of certainty having regard to the dynamic nature of trading book positions, the demands of prudential soundness and the mode of operation and purpose of capital requirements in respect of trading book positions. 2. Trading book positions shall be re-valued at least daily. 3. In the absence of readily available market prices, the competent authorities may waive the requirement imposed in paragraphs 1 and 2 and shall require institutions to use alternative methods of valuation provided that those methods are sufficiently prudent and have been approved by competent authorities. Section 6 Risk management and capital assessment Article 34 Competent authorities shall require that every investment firm, as well as meeting the requirements set out in Article 13 of Directive 2004/39/EC, shall meet the requirements set out in Articles 22 and 123 of Directive 2006/48/EC, subject to the provisions on level of application set out in Articles 68 to 73 of that Directive. Section 7 Reporting requirements Article 35 1. Member States shall require that investment firms and credit institutions provide the competent authorities of their home Member States with all the information necessary for the assessment of their compliance with the rules adopted in accordance with this Directive. Member States shall also ensure that internal control mechanisms and administrative and accounting procedures of the institutions permit the verification of their compliance with such rules at all times. 2. Investment firms shall report to the competent authorities in the manner specified by the latter at least once every month in the case of firms covered by Article 9, at least once every three months in the case of firms covered by Article 5(1) and at least once every six months in the case of firms covered by Article 5(3). 3. Notwithstanding paragraph 2, investment firms covered by Articles 5(1) and 9 shall be required to provide the information on a consolidated or sub-consolidated basis only once every six months. 4. Credit institutions shall be obliged to report in the manner specified by the competent authorities as often as they are obliged to report under Directive 2006/48/EC. 5. The competent authorities shall oblige institutions to report to them immediately any case in which their counter parties in repurchase and reverse repurchase agreements or securities and commodities-lending and securities and commodities-borrowing transactions default on their obligations. CHAPTER VI Section 1 Competent authorities Article 36 1. Member States shall designate the authorities which are competent to carry out the duties provided for in this Directive. They shall inform the Commission thereof, indicating any division of duties. 2. The competent authorities shall be public authorities or bodies officially recognized by national law or by public authorities as part of the supervisory system in operation in the Member State concerned. 3. The competent authorities shall be granted all the powers necessary for the performance of their tasks, and in particular that of overseeing the constitution of trading books. Section 2 Supervision Article 37 1. Chapter 4 of Title V of Directive 2006/48/EC shall apply mutatis mutandis to the supervision of investment firms in accordance with the following: (a) references to Article 6 of Directive 2006/48/EC shall be construed as references to Article 5 of Directive 2004/39/EC; (b) references to Article 22 and 123 of Directive 2006/48/EC shall be construed s references to Article 34 of this Directive; and (c) references to Articles 44 to 52 of Directive 2006/48/EC shall be construed as references to Articles 54 and 58 of Directive 2004/39/EC. Where an EU parent financial holding company has as subsidiary both a credit institution and an investment firm, Title V, Chapter 4 of Directive 2006/48/EC shall apply to the supervision of institutions as if references to credit institutions were to institutions. 2. Article 129(2) of Directive 2006/48/EC shall also apply to the recognition of internal models of institutions under Annex V to this Directive where the application is submitted by an EU parent credit institution and its subsidiaries or an EU parent investment firm and its subsidiaries, or jointly by the subsidiaries of an EU parent financial holding company. The period for the recognition referred to in the first sub-paragraph shall be six months. Article 38 1. The competent authorities of the Member States shall cooperate closely in the performance of the duties provided for in this Directive, particularly where investment services are provided on the basis of the freedom to provide services or through the establishment of branches. The competent authorities shall on request supply one another with all information likely to facilitate the supervision of the capital adequacy of institutions, in particular the verification of their compliance with the rules laid down in this Directive. 2. Any exchange of information between competent authorities which is provided for in this Directive shall be subject to the following obligations of professional secrecy: (a) for investment firms, those imposed in Article 54 and 58 of Directive 2004/39/EC; and (b) for credit institutions, those imposed in Articles 44 to 52 of Directive 2006/48/EC. CHAPTER VII Disclosure Article 39 The requirements set out in Title V, Chapter 5 of Directive 2006/48/EC shall apply to investment firms. CHAPTER VIII Section 1 Article 40 For the purposes of the calculation of minimum capital requirements for counterparty risk under this Directive, and for the calculation of minimum capital requirements for credit risk under Directive 2006/48/EC, and without prejudice to the provisions of Part 2, point 6 of Annex III to that Directive, exposures to recognised third-country investment firms and exposures to recognised clearing houses and exchanges shall be treated as exposures to institutions. Section 2 Powers of execution Article 22 1. The Commission shall decide on any technical adaptations in the following areas in accordance with the procedure referred to in Article 42(2): (a) clarification of the definitions in Article 3 in order to ensure uniform application of this Directive; (b) clarification of the definitions in Article 3 to take account of developments on financial markets; (c) adjustment of the amounts of initial capital prescribed in Articles 5 to 9 and the amount referred to in Article 18(2) to take account of developments in the economic and monetary field; (d) adjustment of the categories of investment firms in Article 20(2) and (3) to take account of developments on financial markets; (e) clarification of the requirement laid down in Article 21 to ensure uniform application of this Directive; (f) alignment of terminology on and the framing of definitions in accordance with subsequent acts on institutions and related matters; (g) adjustment of the technical provisions in Annexes I to VII as a result of developments on financial markets, risk measurement, accounting standards or requirements which take account of Community legislation or which have regard to convergence of supervisory practices; or (h) technical adaptations to take account of the outcome of the review referred to in Article 65(3) of Directive 2004/39/EC. 2. None of the implementing measures enacted may change the essential provisions of this Directive Article 42 1. The Commission shall be assisted by the European Banking Committee established by Commission Decision 2004/10/EC (12) of 5 November 2003 (hereinafter referred to as ‘the Committee’). 2. Where reference is made to this paragraph, the procedure laid down in Article 5 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 7(3) and 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months. 3. Without prejudice to the implementing measures already adopted, upon expiry of a two-year period following the adoption of this Directive, and by 1 April 2008, the application of the provisions of this Directive requiring the adoption of technical rules, amendments and decisions in accordance with paragraph 2 shall be suspended. Acting on a proposal from the Commission and in accordance with the procedure laid down in Article 251 of the Treaty, the Parliament and the Council may renew those provisions and, to that end, shall review them prior to the expiry of the period or by the date referred to in this paragraph, whichever the earlier. 4. The Committee shall adopt its Rules of Procedure Section 3 Transitional provisions Article 43 Article 152(1) to (7) of Directive 2006/48/EC shall apply, in accordance with Article 2 and Chapter V, Sections 2 and 3 of this Directive, to investment firms calculating risk-weighted exposure amounts, for the purposes of Annex II to this Directive, in accordance with Articles 84 to 89 of Directive 2006/48/EC, or using the Advanced Measurement Approach as specified in Article 105 of that Directive for the calculation of their capital requirements for operational risk. Article 44 Until 31 December 2012, for investment firms the relevant indicator for the trading and sales business line of which represents at least 50 % of the total of relevant indicators for all of their business lines calculated in accordance with Article 20 of this Directive and points 1 to 4 of Part 2 of Annex X to Directive 2006/48/EC, Member States may apply a percentage of 15 % to the business line ‘trading and sales’. Article 45 1. Competent authorities may permit investment firms to exceed the limits concerning large exposures set out in Article 111 of Directive 2006/48/EC. Investment firms need not include any excesses in their calculation of capital requirements exceeding such limits, as set out in Article 75(b) of that Directive. This discretion is available until 31 December 2010 or the date of entry into force of any modifications consequent to the treatment of large exposures pursuant to Article 119 of Directive 2006/48/EC, whichever is the earlier. For this discretion to be exercised, the following conditions shall be met: (a) the investment firm provides investment services or investment activities related to the financial instruments listed in points 5, 6, 7, 9 and 10 of Section C of Annex I to Directive 2004/39/EC; (b) the investment firm does not provide such investment services or undertake such investment activities for, or on behalf of, retail clients; c) breaches of the limits referred to in the introductory part of this paragraph arise in connection with exposures resulting from contracts that are financial instruments as listed in point (a) and relate to commodities or underlyings within the meaning of point 10 of Section C of Annex I to Directive 2004/39/EC (MiFID) and are calculated in accordance with Annexes III and IV of Directive 2006/48/EC, or in connection with exposures resulting from contracts concerning the delivery of commodities or emission allowances; and (d) the investment firm has a documented strategy for managing and, in particular, for controlling and limiting risks arising from the concentration of exposures. The investment firm shall inform the competent authorities of this strategy and all material changes to it without delay. The investment firm shall make appropriate arrangements to ensure a continuous monitoring of the creditworthiness of borrowers, according to their impact on concentration risk. These arrangements shall enable the investment firm to react adequately and sufficiently promptly to any deterioration in that creditworthiness. 2. Where an investment firm exceeds the internal limits set according to the strategy referred to in point (d) of paragraph 1, it shall notify the competent authority without delay of the size and nature of the excess and of the counterparty. Article 46 By way of derogation from Article 20(1), until 31 December 2011 competent authorities may choose, on a case-by-case basis, not to apply the capital requirements arising from point (d) of Article 75 of Directive 2006/48/EC in respect of investment firms to which Article 20(2) and (3) do not apply, whose total trading book positions never exceed EUR 50 million and whose average number of relevant employees during the financial year does not exceed 100. Instead, the capital requirement in relation to those investment firms shall be at least the lower of: (a) the capital requirements arising from point (d) of Article 75 of Directive 2006/48/EC; and b) 12/88 of the higher of the following: (i) the sum of the capital requirements contained in points (a) to (c) of Article 75 of Directive 2006/48/EC; and (ii) the amount laid down in Article 21 of this Directive, notwithstanding Article 20(5). If point (b) applies, an incremental increase shall be applied on at least an annual basis. Applying this derogation shall not result in a reduction in the overall level of capital requirements for an investment firm, in comparison to the requirements as at 31 December 2006, unless such a reduction is prudentially justified by a reduction in the size of the investment firm's business. Article 47 Until 31 December 2009 or any earlier date specified by the competent authorities on a case-by-case basis, institutions that have received specific risk model recognition prior to 1 January 2007 in accordance with point 1 of Annex V may, for that existing recognition, treat points 4 and 8 of Annex V to Directive 93/6/EEC as those points stood prior to 1 January 2007. Article 48 1. The provisions on capital requirements as laid down in this Directive and Directive 2006/48/EC shall not apply to investment firms whose main business consists exclusively of the provision of investment services or activities in relation to the financial instruments set out in points 5, 6, 7, 9 and 10 of Section C of Annex I to Directive 2004/39/EC and to whom Directive 93/22/EEC (13) did not apply on 31 December 2006. This exemption is available until 31 December 2010 or the date of entry into force of any modifications pursuant to paragraphs 2 and 3, whichever is the earlier. 2. As part of the review required by Article 65(3) of Directive 2004/39/EC, the Commission shall, on the basis of public consultations and in the light of discussions with the competent authorities, report to the Parliament and the Council on: (a) an appropriate regime for the prudential supervision of investment firms whose main business consists exclusively of the provision of investment services or activities in relation to the commodity derivatives or derivatives contracts set out in points 5, 6, 7, 9 and 10 of Section C of Annex I to Directive 2004/39/EC; and (b) the desirability of amending Directive 2004/39/EC to create a further category of investment firm whose main business consists exclusively of the provision of investment services or activities in relation to the financial instruments set out in points 5, 6, 7, 9 and 10 of Section C of Annex I to Directive 2004/39/EC relating to energy supplies (including electricity, coal, gas and oil). 3. On the basis of the report referred to in paragraph 2, the Commission may submit proposals for amendments to this Directive and to Directive 2006/48/EC Section 4 Final provisions Article 49 1. Member States shall adopt and publish, by 31 December 2006, the laws, regulations and administrative provisions necessary to comply with Articles 2, 3, 11, 13, 17, 18, 19, 20, 22, 23, 24, 25, 29, 30, 33, 34, 35, 37, 39, 40, 41, 43, 44, 50 and the Annexes I, II, III, V, VII. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from 1 January 2007. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 50 1. Article 152(8) to (14) of Directive 2006/48/EC shall apply mutatis mutandis for the purposes of this Directive subject to the following provisions which shall apply where the discretion referred to in Article 152(8) of Directive 2006/48/EC is exercised: (a) references in point 7 of Annex II to this Directive to Directive 2006/48/EC shall be read as references to Directive 2000/12/EC as that Directive stood prior to 1 January 2007; and (b) point 4 of Annex II to this Directive shall apply as it stood prior to 1 January 2007. 2. Article 157(3) of Directive 2006/48/EC shall apply mutatis mutandis for the purposes of Articles 18 and 20 of this Directive. Article 51 By 1 January 2011, the Commission shall review and report on the application of this Directive and submit its report to the Parliament and the Council together with any appropriate proposals for amendment. Article 52 Directive 93/6/EEC, as amended by the Directives listed in Annex VIII, Part A, is repealed, 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 VIII, Part B. References made to the repealed directives shall be construed as being made to this Directive and should be read in accordance with the correspondence table set out in Annex IX. Article 53 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 54 This Directive is addressed to the Member States. Done at Strasbourg, 14 June 2006.

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Commission Regulation (EC) No 925/2003 of 27 May 2003 laying down detailed rules for the application of Council Decision 2003/298/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Czech Republic and amending Regulation (EC) No 2809/2000 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 2003/298/EC of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions(1), and in particular Article 3(2) thereof, Whereas: (1) In accordance with Decision 2003/298/EC, the Community has undertaken to establish for each marketing year import tariff quotas at a zero rate of duty for wheat and meslin, wheat and meslin flour, malt and maize originating in the Czech Republic. (2) To ensure that imports of wheat and maize covered by these tariff quotas are orderly and not speculative, they should be made subject to the issue of import licences. The licences should be issued, within the quantities set, at the request of the interested parties, subject, where appropriate, to the fixing of a reduction coefficient in respect of the quantities applied for. (3) To ensure the proper management of these quotas, deadlines for the lodging of licence applications should be laid down and the information to be included in the applications and licences should be specified. (4) To ensure that the products imported from the Czech Republic are without export subsidies and not originating from public intervention stocks, the import licence application and the import licence should be accompanied by a specific certificate. (5) To take account of delivery conditions, the import licences should be valid from the day of their issue until the end of the month following that in which they are issued. (6) With a view to the sound management of the quotas, provision should be made to derogate from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(2), as last amended by Regulation (EC) No 325/2003(3), as regards the transferable nature of the licences and the tolerance relating to the quantities released into free circulation. (7) To ensure sound management of the quotas, the security on the import licences should be set at a relatively high level, by way of derogation from Article 10 of Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(4), as last amended by Regulation (EC) No 498/2003(5). (8) Rapid two-way communication should be established between the Commission and the Member States regarding the quantities applied for and imported. (9) As Council Regulation (EC) No 2433/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements with the Czech Republic(6) has been repealed by Decision and 2003/298/EC, Commission Regulation (EC) No 2809/2000 of 20 December 2000 laying down detailed rules for the application, for cereals sector products, of Regulations (EC) No 2290/2000, (EC) No 2433/2000 and (EC) No 2851/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products originating in the Republic of Bulgaria, the Czech Republic and the Republic of Poland respectively and repealing Regulation (EC) No 1218/96(7), as last amended by Regulation (EC) No 788/2003(8), should be amended. (10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 1. Imports of wheat and meslin falling within CN code 1001 as referred to in Annex I originating in the Czech Republic and benefiting from a zero rate of import duty, under the tariff quota bearing the order number 09.4638, in accordance with Decision 2003/298/EC, shall be subject to an import licence issued in accordance with this Regulation. 2. Imports of maize falling within CN code 1005 10 90 and 1005 90 00 as referred to in Annex I originating in the Czech Republic and benefiting from a zero rate of import duty, under the tariff quota bearing the order number 09.4639, in accordance with Decision 2003/298/EC, shall be subject to an import licence issued in accordance with this Regulation. 3. The products referred to in paragraphs 1 to 2 shall be released into free circulation upon presentation of one of the following documents: (a) an EUR.1 movement certificate issued by the competent authorities of the exporting country in accordance with Protocol 4 of the Europe Agreement concluded with that country; (b) an invoice declaration on the invoice provided by the exporter in accordance with that Protocol. Article 2 1. Applications for import licences shall be lodged with the competent authorities of the Member States no later than 13.00 (Brussels time) on the second Monday of each month. Each licence application shall be for a quantity not exceeding the quantity available for the import of the relevant product in the marketing year concerned. 2. No later than 18.00 (Brussels time) on the same day, the competent authorities of the Member States shall fax the Commission (number (00-32) 22 95 25 15), in accordance with the model in Annex II, the total quantity resulting from the sum of the quantities indicated on the import licence applications. That information shall be communicated separately from the information on other import licence applications for cereals. 3. If the total of the quantities for each product concerned since the start of the marketing year and the quantity referred to in paragraph 2 exceeds the quota for the marketing year concerned, the Commission shall set, no later than the third working day after the applications were lodged, a single reduction coefficient to be applied to the quantities requested. 4. Without prejudice to paragraph 3, licences shall be issued on the fifth working day following the day on which the application was lodged. No later than 18.00 (Brussels time) on the day the licences are issued, the competent authorities of the Member States shall fax the Commission the total quantity resulting from the sum of the quantities for which import licence were issued that same day. Article 3 In accordance with Article 23(2) of Regulation (EC) No 1291/2000, the period of validity of the licence shall be calculated from the actual date of issue. Import licences shall be valid until the end of the month following the month in which they were issued. Article 4 The rights resulting from the import licences shall not be transferable. Article 5 The quantity released into free circulation may not exceed that indicated in sections 17 and 18 of the import licence. The figure "0" shall be entered to that effect in section 19 of the licence. Article 6 1. The import licence application and the import licence shall contain the following information: (a) in section 8, the name of the country of origin; (b) in section 20 one of the following entries: - Reglamento (CE) n° 925/2003 - Forordning (EF) nr. 925/2003 - Verordnung (EG) Nr. 925/2003 - Kανονισμός (EK) αριθ. 925/2003 - Regulation (EC) No 925/2003 - Règlement (CE) n° 925/2003 - Regolamento (CE) n. 925/2003 - Verordening (EG) nr. 925/2003 - Regulamento (CE) n.o 925/2003 - Asetus (EY) N:o 925/2003 - Förordning (EG) nr 925/2003 (c) in section 24, the words "zero duty". 2. For the products imported under the quotas referred to in Article 1(1), the import licence application and the import licence shall be accompanied by a certificate stating that the exported product is without export subsidies and not originating from the public intervention stock. Certificates issued by the Czech State Agricultural Intervention Fund (SIAF) shall be officially recognised by the Commission under an administrative cooperation procedure as specified in Articles 63 to 65 of Commission Regulation (EEC) No 2454/93(9). Blank specimen of this certificate and reproduction of the stamp and signatures authorised by the Czech authorities are set out in Annex III (A) and (B). Article 7 The security for the import licences provided for in this Regulation shall be EUR 30 per tonne. Article 8 Regulation (EC) No 2809/2000 is amended as follows: 1. The title is replaced by the following: "Commission Regulation (EC) No 2809/2000 of 20 December 2000 laying down detailed rules for the application, for cereals sector products, of Regulations (EC) No 2290/2000 and (EC) No 2851/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products originating in the Republic of Bulgaria and in the Republic of Poland respectively and repealing Regulation (EC) No 1218/96" 2. Article 2 is replaced by the following: "Article 2 Imports of the products listed in Annex I originating in the Republic of Poland and qualifying for total exemption from import duty for the quantity specified therein shall be subject to the presentation of an import licence issued in accordance with this Regulation." 3. In Annex I, the row concerning the Czech Republic is deleted. Article 9 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. It shall apply from 1 June 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 May 2003.

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Commission Regulation (EC) No 774/2002 of 8 May 2002 opening public sales of wine alcohol for use as bioethanol in the European Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as last amended by Regulation (EC) No 2585/2001(2), Having regard to Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms(3), as last amended by Regulation (EC) No 720/2002(4), and in particular Article 92 thereof, Whereas: (1) Regulation (EC) No 1623/2000 lays down, inter alia, the detailed rules for disposing of stocks of alcohol obtained from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies. (2) Public sales of wine alcohol for use in the fuel sector in the Community should be organised with a view to reducing Community stocks of wine alcohol and to some extent ensuring supplies to firms approved under Article 92 of Regulation (EC) No 1623/2000. Community stocks of wine alcohol held by the Member States come from distillation under Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine(5), as last amended by Regulation (EC) No 1677/1999(6), and under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999. (3) In accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(7), the selling price and securities must be expressed, and payments made, in euro. (4) Given that there are risks of fraud by substitution of alcohol, it would appear necessary to reinforce checks on the final destination of the alcohol, allowing the intervention agencies to call on the help of international control agencies and to check the alcohol sold by means of nuclear magnetic resonance analyses. (5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION: Article 1 Three lots of alcohol (references 12/2002 EC, 13/2002 EC and 14/2002 EC) comprising 300000 hectolitres, 50000 hectolitres and 30000 hectolitres respectively at 100 % vol are hereby put up for public sale for use in the fuel sector within the Community. The alcohol has been obtained from distillation as provided for in Article 35 of Regulation (EEC) No 822/87 and Articles 27 and 30 of Regulation (EC) No 1493/1999 and is held by the Spanish and Italian intervention agencies. Article 2 The location and references of the vats making up the lots, the quantity of alcohol in each vat, the alcoholic strength and the characteristics of the alcohol are as set out in the Annex hereto. The lots shall be awarded to the three firms approved under Article 92 of Regulation (EC) No 1623/2000. Article 3 All communications concerning this public sale shall be sent to the following Commission department: Commission of the European Communities Directorate-General for Agriculture, Unit D-4 Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax: (32-2) 295 92 52 e-mail address: agri-d4@cec.eu.int Article 4 The public sales shall take place in accordance with Articles 92, 93, 94, 95, 96, 98, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98. Article 5 The price of the alcohol for public sale shall be EUR 19 per hectolitre of alcohol at 100 % vol. Article 6 The performance security shall be EUR 30 per hectolitre of alcohol at 100 % vol. Unless a standing guarantee is provided, before removing any alcohol and by the day of issue of the removal order at the latest, the firms awarded the lots shall lodge a performance security with the intervention agency concerned to ensure that the alcohol in question is used as bioethanol in the fuel sector. Article 7 Against payment of EUR 10 per litre and within 30 days of the publication of the notice of public sale, the firms approved under Article 92 of Regulation (EC) No 1623/2000 may obtain samples of the alcohol put up for sale from the intervention agency concerned. After that date, samples may be obtained in accordance with Article 98(2) and (3) of Regulation (EC) No 1623/2000. Samples issued to the approved firms shall amount to not more than five litres per vat. Article 8 The intervention agencies in the Member States in which the alcohol put up for sale is stored shall carry out appropriate checks to verify the nature of the alcohol at the time of end-use. To that end, they may: - apply, mutatis mutandis, the provisions of Article 102 of Regulation (EC) No 1623/2000, - carry out checks on samples using nuclear magnetic resonance to verify the nature of the alcohol at the time of end-use. The costs shall be borne by the companies to which the alcohol is sold. Article 9 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 May 2002.

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COUNCIL REGULATION (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Community has embarked upon the adoption of measures leading to the progressive establishment of the internal market by 31 December 1992, which will comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty; Whereas the completion of the internal market will mean controls and formalities at internal frontiers relating to means of transport and the relevant documentation will have to be abolished; Whereas, pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorizations and other documentation with which vehicles and inland waterway vessels must comply; whereas there will in general continue to be a need for such checks, verifications and inspections to prevent disruption of transport market organization and to ensure road and inland waterway safety; Whereas, pursuant to Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (4), such checks shall no longer be performed at frontiers between Member States where they concern means of transport registered or put into circulation in a Member State; Whereas the same principle should be introduced with regard to the application of the controls laid down in the said Regulation and of controls carried out for the purposes of agreements with third countries to means of transport registered or put into circulation in a third country; Whereas the authorities of the Member State where the means of transport enter from a third country must continue to be able to carry out all necessary controls with regard to checking that the said means of transport possess the authorization to carry out transport operations on or through its territory; Whereas Member States must ensure that checks, verifications and inspections can continue to be performed throughout their respective territories as part of the normal control procedures; Whereas cooperation to fulfil the obligations of this Regulation should follow the rules laid down in Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (5), HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation shall apply to controls pursuant to an international agreement and those referred to in Regulation (EEC) No 4060/89 performed within the Community by Member States in respect of road and inland waterway transport operations effected by means of transport registered or put into circulation in a third country. 2. This Regulation shall not affect the rights or obligations of a Member State, where the means of transport referred to in paragraph 1 enters from a third country, to perform all necessary controls, in order to establish that such means of transport are authorized to undertake transport in or through the territory of the Member State concerned. Article 2 For the purposes of this Regulation: - ‘control’ shall mean any check, inspection, verification or formality performed at Member States' frontiers by national authorities which halt or hamper the free movement of the vehicles or vessels concerned, - ‘international agreement’ shall mean any agreement between one or more Member States or the Community and one or more third countries. Article 3 The controls referred to in Article 1 shall no longer be performed as border controls at the internal frontiers of the Community, but as part of the controls the Member States would normally carry out throughout their territory. Article 4 For the purposes of implementing this Regulation, the provisions of Regulation (EEC) No 1468/81 shall apply mutatis mutandis. In addition, Member States shall take all the necessary steps to establish cooperation between their respective competent authorities. Article 5 This Regulation shall enter into force on 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 December 1992.

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Commission Regulation (EC) No 1065/2002 of 19 June 2002 amending the corrective amount applicable to the refund on cereals THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 13(8) thereof, Whereas: (1) The corrective amount applicable to the refund on cereals was fixed by Commission Regulation (EC) No 1028/2002(3). (2) On the basis of today's cif prices and cif forward delivery prices, taking foreseeable developments on the market into account, the corrective amount at present applicable to the refund on cereals should be altered. (3) The corrective amount must be fixed according to the same procedure as the refund. It may be altered in the period between fixings, HAS ADOPTED THIS REGULATION: Article 1 The corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EEC) No 1766/92 which is applicable to the export refunds fixed in advance in respect of the products referred to, except for malt, is hereby altered to the amounts set out in the Annex hereto. Article 2 This Regulation shall enter into force on 20 June 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 June 2002.

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Commission Regulation (EC) No 1219/2002 of 5 July 2002 fixing the export refunds on olive oil THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats [1], as last amended by Regulation (EC) No 1513/2001 [2], and in particular Article 3(3) thereof, Whereas: (1) Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries. (2) The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 [3], as last amended by Regulation (EEC) No 2962/77 [4]. (3) Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community. (4) In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market. (5) In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations. (6) The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary. (7) The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period. (8) It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto. (9) The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto. Article 2 This Regulation shall enter into force on 6 July 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 July 2002.

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COMMISSION DECISION of 10 June 1981 approving an amendment to the outline programme under Regulation (EEC) No 1760/78 relating to the southern regions of France (Only the French text is authentic) (81/459/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1760/78 of 25 July 1978 on a common measure to improve public services in certain rural areas (1), and in particular Article 5 thereof, Whereas the French Government communicated on 7 April 1981 an amendment to the outline programme approved by Commission Decision 79/650/EEC of 13 July 1979 (2) and relating to the improvement of public services in certain rural areas in the southern regions of France; Whereas this amendment, whereby the programme is adapted to meet an ascertained additional demand for potable water supplies, satisfies the objectives and conditions laid down in Regulation (EEC) No 1760/78; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure, HAS ADOPTED THIS DECISION: Article 1 The amendment of the outline programme relating to the southern regions of France, communicated by the French Government on 7 April 1981 in accordance with Regulation (EEC) No 1760/78, is hereby approved. Article 2 This Decision is addressed to the French Republic. Done at Brussels, 10 June 1981.

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Commission Regulation (EC) No 679/2004 of 13 April 2004 providing for the rejection of applications for export licences in relation to certain processed products and cereal-based compound feedingstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), Having regard to Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(2), and in particular Article 8(1) thereof, Whereas: The quantity covered by applications for advance fixing of refunds on potato starch and maize-based products is of great importance and could give rise to speculation. It has therefore been decided to reject all applications for export licences of such products made on 8 and 9 April 2004, HAS ADOPTED THIS REGULATION: Article 1 In accordance with Article 8(1) of Regulation (EC) No 1342/2003, applications for export licences with advance fixing of refunds for products falling within CN codes 1102 20 10, 1102 20 90, 1103 13 10, 1103 13 90, 1104 23 10, 1108 12 00, 1108 13 00, 1702 30 51, 1702 30 91, 1702 30 99, 1702 40 90 and 1702 90 50 made on 8 and 9 April 2004 shall be rejected. Article 2 This Regulation shall enter into force on 14 April 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 April 2004.

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Commission Regulation (EC) No 994/2003 of 11 June 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof, Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 12 June 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 June 2003.

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Commission Regulation (EC) No 2233/2003 of 23 December 2003 opening Community tariff quotas for 2004 for sheep, goats, sheepmeat and goatmeat THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat(1), and in particular Article 16(1) thereof, Whereas: (1) Community tariff quotas for sheepmeat and goatmeat should be opened for 2004. The duties and quantities referred to in Regulation (EC) No 2529/2001 should be fixed in accordance with the respective international agreements in force during the year 2004. (2) Subject to the ratification of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the Czech Republic, Slovenia and Slovakia will accede to the European Union on 1 May 2004. The quotas attributable to those countries should therefore only be opened until the date of their accession. (3) Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the Community the tariff provisions laid down in the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(2), has provided for an additional bilateral tariff quota of 2000 tonnes with a 10 % annual increase to be opened for product code 0204 from 1 February 2003. That quota should be added to the GATT/WTO quota for Chile and both quotas should be managed in the same way from 1 January 2004. (4) Council Regulation (EC) No 1329/2003 of 21 July 2003 amending Regulation (EC) No 992/95 as regards tariff quotas for certain agricultural and fishery products originating in Norway(3) grants additional bilateral trade concessions concerning agricultural products. (5) Certain tariff quotas for sheepmeat and goatmeat products have been granted to the ACP States under the Cotonou Agreement(4). (6) Since imports are managed on a calendar-year basis, for the quotas defined for a period from 1 July to 30 June, the quantities fixed for 2004 are the sum of half of the quantity for the period from 1 July 2003 to 30 June 2004 and half of the quantity for the period from 1 July 2004 to 30 June 2005. (7) A carcase-weight equivalent needs to be fixed in order to ensure a proper functioning of the Community tariff quotas. Furthermore, since certain tariff quotas provide for the option of importing either the live animals or their meat, a conversion factor is required. (8) Experience with the administration of the Community tariff quotas has shown a need to improve the management of such quotas. Experience in the use of the first-come, first-served management system has been positive in other agricultural sectors. In the interest of administrative simplification, quotas concerning products of the sheepmeat and goatmeat sector originating in third countries should, by way of derogation from Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector(5), be managed in conformity with Article 16(2)(a) of Regulation (EC) No 2529/2001. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(6). Where imports are managed in accordance with these provisions, no import licences should be required any more. (9) In order to avoid any discrimination among exporting countries, and given that equivalent tariff quotas have not been quickly exhausted in the last two years, tariff quotas under this Regulation should be regarded initially as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93 when managed under the first-come first-served system. Therefore, customs authorities should be authorised to waive the requirement for security in respect of goods initially imported under those quotas in accordance with Articles 308c(1) and 248(4) of Regulation (EEC) No 2454/93. Due to the particularities of the transfer from one management system to the other Article 308c(2) and (3) of that Regulation should not apply. (10) The implementation of the first-come first-served system requires some additional preparatory work in the cases of Australia and New Zealand, given the high volume of the quotas and their traditional use. For that reason, the first-come, first-served system should only apply to the imports from those two countries as of 1 May 2004 and the import licensing should be continued until 30 April 2004 in accordance with the rules laid down in Regulation (EC) No 1439/95. Provisions should therefore be made with regard to the available quantities under each of those management systems. (11) It should be clarified which kind of proof certifying the origin of products has to be provided to benefit from the tariff quotas under the first-come, first served system. (12) When sheepmeat products are presented to the customs authorities for import, it is difficult for those authorities to establish whether they originate from domestic sheep or other sheep, which determines the application of different duty rates. It is therefore appropriate to provide that the proof of origin contains a clarification to that end. (13) In accordance with Article 3 of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries(7), and with Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(8), imports may be authorised only for products meeting the requirements of the veterinary rules and certification currently in force in the Community. (14) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats, HAS ADOPTED THIS REGULATION: Article 1 This Regulation opens Community tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2004. Article 2 The customs duties applicable to imports into the Community of sheep, goats, sheepmeat and goatmeat falling within CN codes 0104 10 30, 0104 10 80, 0104 20 90, 0210 99 21, 0210 99 29 and 0204 originating in the countries indicated in the Annex shall be suspended or reduced in accordance with this Regulation. Article 3 1. The quantities, expressed in carcase-weight equivalent, for the import of meat, falling within CN code 0204, and of live animals falling within CN codes 0104 10 30, 0104 10 80 and 0104 20 90, as well as the customs duty applicable shall be those as laid down in the Annex. 2. For the purpose of calculating the quantities of "carcase-weight equivalent" referred to in paragraph 1 the net weight of sheep and goat products shall be multiplied by the following coefficients: (a) for live animals: 0,47; (b) for boneless lamb and boneless goatmeat of kid: 1,67; (c) for boneless mutton, boneless sheep and boneless goatmeat other than of kid and mixtures of any of these: 1,81; (d) for bone-in products: 1,00. 3. "Kid" shall mean goats of up to one year old. Article 4 By way of derogation from Title II(A) and (B) of Regulation (EC) No 1439/95, the tariff quotas set out in the Annex to this Regulation for the countries of country groups Nos 2, 3, 4 and 5 and for Argentina, Uruguay, Chile, Iceland and Slovenia, shall be managed on a first-come, first-served basis in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93 from 1 January to 31 December 2004. Article 308c(2) and (3) of that Regulation shall not apply. No import licences shall be required. Article 5 1. From 1 January to 30 April 2004, the tariff quotas provided for Australia and New Zealand as set out in the Annex under country group No 1 shall be managed in accordance with the rules laid down in Title II(A) of Regulation (EC) No 1439/95. 2. From 1 May 2004 to 31 December 2004, by way of derogation from Title II(A) of Regulation (EC) No 1439/95, the tariff quotas referred to in paragraph 1 shall be managed in accordance with Article 4 of this Regulation. However, import licences issued by 30 April 2004 at the latest under paragraph 1 shall remain valid until the expiry of their period of validity. 3. The quantity managed in accordance with paragraph 2 shall, on a provisional basis, be the annual quantities of 18650 tonnes for Australia and 226700 tonnes for New Zealand minus the estimated respective quantity in carcase-weight equivalent for which import licences are issued by 30 April 2004 at the latest. That provisional quantity shall subsequently be adjusted on the basis of the licences effectively issued during the month of April. The quantity established on 1 May shall subsequently be increased by the quantity in carcase-weight equivalent for which, on the basis of licences returned to the competent authorities, licences issued have not been used or have been used only partly. Licences not returned by 15 August shall be considered as fully used licences. 4. For the purpose of paragraph 3, Member States shall: (a) communicate the quantities referred to in Article 19(2)(a) of Regulation (EC) No 1439/95, also in carcase-weight equivalent; (b) communicate to the Commission each first working day of the week, for the month of April 2004 and further to the requirements laid down in Article 19(2) of Regulation (EC) No 1439/95, the import licences issued in respect of the preceding week as well as the corresponding carcase-weight equivalent; (c) by way of derogation from Article 19(2)(a) of Regulation (EC) No 1439/95, communicate the data referred to in that point no later than 25 August 2004. 5. For the purpose of calculating the carcase-weight equivalent referred to in paragraphs 3 and 4, the coefficients referred to in Article 3(2) shall apply. Article 6 1. In order to benefit from the tariff quotas set out in the Annex and managed in accordance with Article 4, a valid proof of origin issued by the competent authorities of the third country concerned together with a customs declaration for release for free circulation for the goods concerned shall be presented to the Community customs authorities. The origin of products subject to tariff quotas other than those resulting from preferential tariff agreements shall be determined in accordance with the provisions in force in the Community. 2. The proof of origin referred to in paragraph 1 shall be as follows: (a) in the case of a tariff quota which is part of a preferential tariff agreement, it shall be the proof of origin laid down in that agreement; (b) in the case of other tariff quotas, it shall be a proof established in accordance with Article 47 of Regulation (EEC) No 2454/93, including, in addition to the elements provided for in that Article, the following data: - the CN code (at least the first four digits), - the order number or order numbers of the tariff quota concerned in accordance with the third subparagraph of this paragraph, - the total net weight per coefficient category as specified in Article 3(2) of this Regulation; (c) in the case of a country whose quota falls under points (a) and (b) and are merged, it shall be the proof referred to in point (a). In the case referred to in point (b), forms under Annex II to Regulation (EC) No 1439/95 that include all additional information required in that point may be used during the year 2004, crossing out the text referring to import licences when Article 4 of this Regulation applies. Where the proof of origin referred to in point (b) is presented as supporting document for only one declaration for release for free circulation, it may contain several order numbers. In all other cases, it shall only contain one order number. 3. In order to benefit from the tariff quota set out in the Annex for country group 4 in respect of products falling under CN codes ex 0204, ex 0210 99 21 and ex 0210 99 29 the proof of origin shall contain, in the box concerning the description of the products, one of the following: (a) "sheep product/s from the species domestic sheep"; (b) "product/s from the species other than domestic sheep". Those indications shall correspond to the indications in the veterinary certificate accompanying those products. Article 7 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2004. With regard to the Czech Republic, Slovenia and Slovakia it shall apply until 30 April 2004, subject to the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2003.

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Commission decision of 7 May 2002 on the aid Italy is planning to grant under Article 21 of Region of Sardinia Law No 21/2000 to agricultural holdings using fuel other than methane (notified under document number C(2002) 1785) (Only the Italian text is authentic) (2002/785/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having called on interested parties to submit their comments pursuant to the above Article, Whereas: I. PROCEDURE (1) By letter dated 11 January 2001, received on 16 January 2001, Italy notified the Commission, in accordance with Article 88(3) of the Treaty, of the aid measures provided for in Region of Sardinia Law No 21 of 14 November 2000. (2) By letters dated 7 May 2001 and 22 June 2001, received respectively on 10 May 2001 and 25 June 2001, Italy provided the Commission with further information. (3) By letter dated 25 July 2001, the Commission informed Italy of its decision not to raise any objection in respect of the measures provided for in Articles 1 to 12 and 14 to 20 of Law 21/2000 and to initiate the procedure provided for in Article 88(2) of the Treaty in respect of the aid provided for in Article 21 of that law. (4) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities(1). The Commission invited interested parties to submit their comments on the aid. (5) The Commission received no comments from interested parties. (6) The Italian authorities sent comments on the initiation of the procedure by letter dated 11 February 2002. II. DESCRIPTION OF THE AID (7) Regional Law 21/2000 governs the grant of a wide range of aid to the agricultural and forestry sectors in the Region of Sardinia. The Law, comprising 28 Articles, replaces a number of regional laws applicable in the agricultural sector to bring regional legislation into line with the Community Guidelines for State aid in the agriculture sector(2) (8) Article 21 of Law 21/2000 provides for aid for the reduction of production costs linked to the use of fuels other than methane. The regional authorities are authorised to grant aid to agricultural holdings to cover the difference in cost between methane and the fuel used, provided that this does not benefit from any other concession. In their letter dated 11 February 2002 in reply to the initiation of the procedure the Italian authorities said that the aid was paid only to greenhouse growers. The wording of the Article is, however, general and does not exclude any type of undertaking. The aid is to be withdrawn on completion of the "Programme for the construction of a methane supply network in Sardinia" referred to in Article 6 of Law No 73 of 31 March 1998. (9) According to the information provided by the Italian authorities, this measure is justified by the fact that diesel is much more expensive than methane, which is not available on the island because there is no distribution network there. According to the calculations made by the Italian authorities, 10 calories of energy from diesel on the island cost 1,125 lire compared with 0,63 lire from methane. (10) According to the Italian authorities, the lack of a methane network is a major drawback and a structural handicap for the island seriously affecting agricultural production costs there, creating imbalance and placing producers at a disadvantage compared with producers in other regions who are able to use a source of energy (methane) that is much cheaper than diesel. Against this background, the aid is designed simply to provide the island's producers with the same competitive conditions as producers in regions with access to methane until a methane network is set up there. (11) The Italian authorities have not paid the aid. III. COMMENTS FROM ITALY (12) By letter dated 11 February 2002, received on 13 February 2002, the Italian Permanent Representation to the European Union forwarded the comments of the Italian authorities on the observations set out in the Commission decision to initiate the procedure. (13) The letter states that the aid is intended exclusively for greenhouse growers, with a total production of 75700 tonnes, almost entirely for domestic consumption, against national production of 1300000 tonnes. (14) The letter also states that the aid is to be granted for a limited period, since the Italian Government, with the support of the European Community, has approved a programme for the construction of a methane supply network in Sardinia. (15) The Italian authorities agree with the Commission that the aid has no structural effect on the sector as a whole and cannot therefore be approved on the basis of Article 87(3)(c) of the Treaty. However, since the cost of heating greenhouses in Sardinia is much greater than in other regions of Italy and other Member States where methane is available, they claim that the aid, rather than relieving greenhouse growers on the island of costs that all other holdings have to bear, does no more than place the former on an equal footing with the latter. The Italian authorities stress that because of the high cost of diesel, greenhouses are underutilised, leading to an increase in fixed costs, a reduction in the potential of the holdings concerned and the loss of potential markets for products with unique characteristics much appreciated by consumers. (16) In addition, given that Sardinia is eligible under Objective 1, the aid could be eligible for the derogation provided for in Article 87(3)(a) of the Treaty as aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment. IV. ASSESSMENT OF THE AID (17) Under Article 87(1) of the Treaty establishing the European Community, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market. The existence of aid (18) Article 21 of Law No 21 provides for the possibility of granting aid to agricultural holdings to cover the difference between the cost of two types of fuel, methane and diesel. Under the measure, which is financed from public funds, the beneficiaries, which are exclusively agricultural holdings in Sardinia, receive funding for expenditure that they would normally have to bear themselves to the detriment of other holdings not in receipt of similar aid. According to decisions of the Court of Justice, financial assistance granted by the State that strengthens the position of an undertaking in relation to its competitors distorts competition with undertakings not in receipt of the aid(3). (19) In the letter notifying Italy that it was initiating the procedure, the Commission stated that, since the undertakings receiving the aid are operating in a highly competitive international market, the measure in question affects trade between Member States(4) and is therefore covered by Article 87(1) of the Treaty. (20) In their reply, as stated in recital 13, the Italian authorities stressed the limited nature of the aid and that it would be paid exclusively for the greenhouse production of 75700 tonnes, almost entirely for domestic consumption, compared with national production of 1300000 tonnes. (21) It should be pointed out that, contrary to what the Italian authorities claim, the wording of Article 21 of Law 21/2000, which provides for the aid concerned, does not restrict the aid to greenhouse growers but makes it available to all agricultural holdings fulfilling the conditions it lays down. It cannot therefore be ruled out that the aid could also be paid to undertakings that might export to other Member States. As regards the limited nature of the aid, it should be stressed that the fact that an aid is relatively small and that the beneficiary undertaking is of relatively modest dimensions does not, a priori, rule out the possibility that trade between Member States could be affected(5). As regards the agricultural sector, this is confirmed by Commission Regulation (EC) No 69/2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid, which explicitly excludes agricultural activities from its field of application(6). (22) With regard to the fact that the beneficiary undertakings operate mainly on the island's domestic market, it must be pointed out that, according to decisions of the Court of Justice, aid in favour of an undertaking may affect trade between Member States and distort competition even when the undertaking does not export to other Member States but is in competition on the domestic market with producers from other Member States. Where a Member State grants aid to an undertaking, domestic production may for that reason be maintained or increased with the result that undertakings established in other Member States have less chance of exporting their products to the market in that Member State. Such aid is therefore likely to affect trade between Member States and distort competition(7). (23) In view of the fact that there is considerable intra-Community trade in agricultural products, the Commission concludes that the measure under examination falls within the scope of the prohibition laid down in Article 87(1) of the EC Treaty. (24) Derogations from the prohibition laid down in Article 87(1) of the Treaty are set out in paragraphs 2 and 3 of that Article. (25) Given the nature and objectives of the aid, the derogations provided for in Article 87(2) of the Treaty are clearly inapplicable. Furthermore, Italy has not asked for this provision to be applied. (26) Article 87(3) sets out the circumstances under which State aid may be considered compatible with the common market. Compatibility must be assessed from the point of view of the Community and not that of an individual Member State. In the interests of the operation of the common market, the derogations from the prohibition on the payment of State aid must be interpreted restrictively. (27) With regard to Article 87(3)(b), it should be borne in mind that the aid in question is not intended to promote the execution of an important project of common European interest or to remedy a serious disturbance of Italy's economy. (28) Moreover, the aid is neither intended to achieve nor suitable for achieving the objectives set out in Article 87(3)(d) of the Treaty. (29) Under Article 87(3)(a), aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment may be considered to be compatible with the common market. (30) In their comments in reply to the initiation of the procedure, the Italian authorities claimed that this derogation was applicable. In support of their argument, they stressed that Sardinia is an Objective 1 region with an employment rate in 1999 equivalent to 36,9 %(8), implying that on average every person in work was supporting two others. (31) The argument put forward by the Italian authorities cannot be accepted. It must first of all be pointed out that classification as an "Objective 1" region is for the purposes of the Structural Funds(9) and confers no right to the aid referred to in Article 87(3)(a) of the Treaty, even though in most cases the areas defined for the Structural Funds and those defined for State aid are the same. With regard to State aid in the agricultural sector, regions eligible under Objective 1 are allowed a higher rate of aid than other regions, but only for the processing and marketing of agricultural products and then only on the conditions laid down in the Community Guidelines for State aid in the agriculture sector(10). The Commission authorises such aid however under Article 87(3)(c) of the Treaty as aid to facilitate the development of certain economic activities and not under Article 87(3)(a) to which the Italian authorities refer. (32) Only certain aid granted in particular regions of the Community fulfilling specific and extremely strict criteria and conditions laid down in the Guidelines on national regional aid(11) may benefit from the derogation provided for in Article 87(3)(a) of the Treaty. Those Guidelines do not apply to the agricultural sector(12) and therefore the argument put forward by the Italian authorities cannot be accepted. In addition, under points 4.15 and 4.17 of those Guidelines, operating aid may be granted only in exceptional cases and must be progressively reduced, which is not the case with the aid under examination. (33) It would appear from the above that the aid under examination might be eligible only for the derogation provided for in Article 87(3)(c) of the Treaty, under which aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest, may be considered compatible with the common market. To that end, it must be determined whether the aid complies with the provisions of the Community Guidelines for State aid in the agriculture sector, which apply to all State aid granted for the production, processing and marketing of the agricultural products listed in Annex I to the Treaty(13). (34) As stated above, the measure in question provides for the possibility of granting aid to cover the difference between the cost of the fuel used by agricultural holdings on the island, i.e. diesel, and that of methane. According to the information supplied by the Italian authorities, the measure is justified by the fact that diesel costs much more than methane(14), which is not available on the island since there is no supply network. According to the Italian authorities, the lack of a methane network is a major drawback and a structural handicap for the island seriously affecting agricultural production costs there, creating imbalance and placing producers at a disadvantage compared with producers in other regions who are able to use a source of energy (methane) that is much cheaper than diesel. Against this background, the aid is designed simply to provide the island's producers with the same competitive conditions as producers in regions with access to methane until a methane network is set up there. (35) In initiating the procedure, the Commission, raising doubts about the compatibility of the aid with the common market, pointed out that the sole purpose of a subsidy to cover the difference in the cost of a more expensive fuel such as diesel and a less expensive one such as methane is to help Sardinian farmers to contain their overall production costs by artificially reducing (by means of State funding) one of the factors making up those costs. By artificially reducing the overall production costs of the beneficiary undertakings, the aid concerned "artificially" improves the competitive position of the beneficiary undertakings at the expense of other Community undertakings, who must bear the full cost of the factors of production or seek more innovative production methods in order to try and reduce those costs. Aid of this type is, by definition, operating aid(15) with no structural effect on the sector and therefore incompatible with the common market. (36) That principle is set out clearly in point 3.5 of the Community Guidelines for State aid in the agriculture sector, which lays down that "Unless exceptions are expressly provided for in Community legislation or in these guidelines, unilateral State aid measures which are simply intended to improve the financial situation of producers but which in no way contribute to the development of the sector ... are considered to constitute operating aids which are incompatible with the common market". (37) Community legislation does not provide for the granting of operating aid such as that under examination. The Commission considers operating aid to be compatible with the common market only in special cases and on very strict conditions, in accordance with the Guidelines on national regional aid and the Community guidelines on State aid for environmental protection(16). It is stated in paragraph 32 that the former do not apply to the agricultural sector. Since the aid under examination is not for environmental purposes, neither are the latter applicable. (38) As regards the Community Guidelines for State aid in the agriculture sector, point 5.5 authorises derogations from the general prohibition on operating aid only in the special case of environmental aid, such as aid to offset the costs of new mandatory national environmental requirements which go beyond existing Community rules, aid for the development of biofuels and tax reductions as referred to in point 5.5.4 of those Guidelines. The measure provided for in Article 21 of Law 21/2000 clearly does not qualify for any of those derogations. (39) In the light of the above, it can be concluded that the aid provided for in Article 21 of Law 21/2000 does not qualify for any of the derogations for operating aid provided for in Community legislation and the Community Guidelines for State aid in the agriculture sector and is therefore incompatible with the common market. (40) The comments made by the Italian authorities following the initiation of the procedure are not such as to change the Commission's position. (41) It must above all be stressed that the Italian authorities agree with the Commission that the aid has no structural effect on the overall development of the sector and cannot therefore be considered compatible within the meaning of Article 87(3)(c) of the Treaty. (42) As stated above, the Italian authorities stress only the limited nature of the aid(17) and assert that, in view of the higher heating costs incurred by greenhouse growers in Sardinia compared with growers in other Member States and other regions of Italy who can use methane, the aid does not in fact relieve greenhouse growers on the island from costs that other greenhouse growers operating in the same conditions have to bear but rather places the former on an equal footing with the latter. (43) In the absence of further information that might cause it to change its original position, the Commission confirms that differences in the cost of the factors of production in different geographical regions or different economic sectors cannot justify aid whose only purpose is to artificially eliminate such differences. Such aid is simply operating aid for the undertakings concerned designed to provide the beneficiaries with a temporary economic advantage. The objective of the aid in fact is solely to reduce the production costs borne by the beneficiaries during the period the aid is granted, relieving the undertakings concerned of operating expenses that they would normally have to bear. This has no structural effect on the development of the sector and cannot be considered to facilitate the development of certain economic activities or of certain economic areas. The aid is therefore covered by the prohibition on operating aid laid down in point 3.5 of the Community Guidelines for State aid in the agriculture sector, without being eligible for any of the derogations provided for in Community legislation, and is therefore incompatible with the common market. V. CONCLUSION (44) In the light of the above, the aid provided for in Article 21 of Regional Law No 21 is incompatible with the common market and is not eligible for any of the derogations provided for in Article 87(1) of the Treaty. It is not necessary to recover the aid since it has not been paid, HAS ADOPTED THIS DECISION: Article 1 The State aid provided for in Article 21 of Region of Sardinia Law No 21 for agricultural holdings using fuel other than methane is incompatible with the common market. The aid scheme shall accordingly not be implemented. Article 2 Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it. Article 3 This Decision is addressed to the Italian Republic. Done at Brussels, 7 May 2002.

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***** COMMISSION REGULATION (EEC) No 1313/84 of 11 May 1984 amending Regulations (EEC) No 977/84 and (EEC) No 978/84 on the putting up for sale on the internal market of common wheat held by the Danish and United Kingdom intervention agencies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1018/84 (2), and in particular Article 8 (4) thereof, Whereas, as a result of an error of substance, Commission Regulations (EEC) No 977/84 (3) and (EEC) No 978/84 (4) on the putting up for sale on the internal market of 142 600 tonnes and 150 000 tonnes of common wheat held by the Danish and United Kingdom intervention agencies respectively, set at 200 instead of 100 tonnes the minimum quantity for which tenders could be made; whereas to facilitate disposal of the quantities put up for sale the said error should be corrected; whereas in the case of the common wheat put up for sale by the Danish intervention agency the correction can apply retroactively since the agency conerned stated in the notice of invitation to tender that tenders should be in respect of a minimum quantity of 100 tonnes; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Article 3 (2) of Regulations (EEC) No 977/84 and (EEC) No 978/84 is hereby replaced by the following: '2. By way of derogation from Article 3 of Regulation (EEC) No 1836/82, to be admissible, tenders must be for a quantity of not less than 100 tonnes.' Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. In the case of the amendment to Regulation (EEC) No 977/84, it shall apply with effect from 12 April 1984. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 May 1984.

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COMMISSION REGULATION (EC) No 1392/2005 of 25 August 2005 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in the sugar sector (1), and in particular Article 27(5)(a) and (15) thereof, Whereas: (1) Article 27(1) and (2) of Regulation (EEC) No 1260/2001 provides that the differences between the prices in international trade for the products listed in Article 1(1)(a), (c), (d), (f), (g) and (h) 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 V 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 V to Regulation (EC) No 1260/2001. (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 27(3) of Regulation (EC) No 1260/2001 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, HAS ADOPTED THIS REGULATION: Article 1 The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) and (2) of Regulation (EC) No 1260/2001, and exported in the form of goods listed in Annex V to Regulation (EC) No 1260/2001, shall be fixed as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on 26 August 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 August 2005.

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COMMISSION DECISION of 24 October 2008 amending Decision 2006/415/EC concerning certain protection measures in relation to an outbreak of highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany (notified under document number C(2008) 6154) (Text with EEA relevance) (2008/812/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof, Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular the first paragraph of Article 18 thereof, Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (4), and in particular Article 63(3) thereof, Whereas: (1) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in the Community (5) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease. Those areas are set out in the Annex to that Decision. (2) Following a confirmed outbreak of highly pathogenic avian influenza of subtype H5N1 in Landkreis Görlitz, Saxony, in Germany, that Member State took protection measures pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision. (3) Commission Decision 2008/795/EC of 10 October 2008 concerning certain interim protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in Germany (6) was adopted following that outbreak in Germany. That Decision defines the areas within which the protection measures provided for in Decision 2006/415/EC are to apply and the period of application of those measures. (4) These interim protection measures have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health and should be confirmed. (5) The outbreak in Germany is located close to the border with Poland and therefore Poland has taken the appropriate protection measures as provided for in Decision 2006/415/EC, including the establishment of areas A and B on its territory. These areas should also be added to the Annex to Decision 2006/415/EC. (6) Decision 2006/415/EC should therefore be amended accordingly. (7) In the interests of clarity of Community legislation, Decision 2008/795/EC should be repealed. (8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision 2006/415/EC is replaced by the text in the Annex to this Decision. Article 2 Decision 2008/795/EC is repealed. Article 3 This Decision is addressed to the Member States. Done at Brussels, 24 October 2008.

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COUNCIL REGULATION (EEC) No 1567/93 of 14 June 1993 amending Regulation (EEC) No 2046/89 laying down general rules for distillation operations involving wine and the by-products of wine-making THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Articles 35 (7), 36 (5), 38 (4), 39 (8), 41 (8), 42 (4) and 79 (2) thereof, Having regard to the proposal from the Commission (2), Whereas Article 2 (3) of Regulation (EEC) No 2046/89 (3) provides that Member States may regard associations of wine-growers as producers for the purposes of compulsory distillation and whereas paragraph 4 of that Article provides for the submission of a report in that regard; whereas the proposed measures should be consistent with others which the Commission is to draw up in the near future and whereas, for that purpose, the deadline laid down in the abovementioned paragraph 4 should be postponed, HAS ADOPTED THIS REGULATION: Article 1 Article 2 (4) of Regulation (EEC) No 2046/89 is hereby replaced by the following: '4. Paragraph 3 shall apply until 31 August 1994. Before 31 March 1994, the Commission shall submit to the Council a report on the application of the said paragraph, accompanied, if necessary, by an appropriate proposal. The Council shall act on any measures to apply as from 1 September 1994.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply from 1 September 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 14 June 1993.

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Commission Regulation (EC) No 1977/2002 of 6 November 2002 fixing the import duties in the rice sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 1298/2002(4), and in particular Article 4(1) thereof, Whereas: (1) Article 11 of Regulation (EC) No 3072/95 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 a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties. (2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product. (3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector. (4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing. (5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties. (6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II. Article 2 This Regulation shall enter into force on 7 November 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 November 2002.

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COMMISSION REGULATION (EC) No 342/2008 of 17 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof, Whereas: (1) Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 18 April 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 April 2008.

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COMMISSION DECISION of 1 July 1997 concerning a request for exemption submitted by Germany pursuant to Article 8 (2) (c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the German text is authentic) (97/453/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 96/79/EC (2), and in particular Article 8 (2) (c) thereof, Whereas the request submitted by Germany on 5 August 1996, which was received by the Commission on 14 August 1996, was accompanied by a report containing the information required by Article 8 (2) (c); whereas the request concerns two types of gas discharge lamp for two types of headlamp for one type of motor vehicle; Whereas the information provided by Germany shows that the technology and principle embodied in these new types of gas discharge lamp and headlamp do not meet the requirements of Community regulations; whereas, however, the descriptions of the tests, the results thereof and the action taken in order to ensure road safety are satisfactory and ensure a level of safety equivalent to that of the lamps and headlamps covered by the requirements of the Directives in force and, in particular, of Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam and to incandescent electric filament lamps for such headlamps (3), as last amended by Commission Directive 89/517/EEC (4); Whereas these new types of gas discharge lamp and these new types of headlamp meet the requirements of UNECE (United Nations Economic Commission for Europe) Regulations Nos 98 and 99; whereas it is therefore justified to allow the three items covered by the request for exemption, i.e. the types of gas discharge lamp, the two types of headlamp fitted with these types of lamp and the type of motor vehicle, to benefit from the granting of EC type-approval on condition that the type of vehicle concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit; Whereas the Community Directives concerned will be amended in order to enable gas discharge lamps embodying this new technology, headlamps fitted with such lamps and motor vehicles equipped with such headlamps to be placed on the market; Whereas the measure provided for in this Decision is in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC, HAS ADOPTED THIS REGULATION: Article 1 The request submitted by Germany for an exemption concerning two types of gas discharge lamp for two types of headlamp for one type of motor vehicle is hereby approved on condition that the vehicle type concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit. Article 2 This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 1 July 1997.

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COMMISSION DECISION of 21 March 1989 concerning applications for refund of anti-dumping duties collected on certain imports of hydraulic excavators originating in Japan (Kobemac Ltd) (Only the English text is authentic) (89/257/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Communtity, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 16 thereof, Whereas: A. PROCEDURE (1) Council Regulation (EEC) No 1877/85 (2) imposed a definitive anti-dumping duty on imports of certain hydraulic excavators exceeding six tonnes but not exceeding 35 tonnes originating in Japan. The rate of duty applied to Kobelco-Kobesteel Ltd (hereinafter referred to as Kobelco) was 31,9 %. (2) In October 1985 Kobemac Ltd, Hampshire, United Kingdom, made an application for the refund of the anti-dumping duty paid in August 1985 on the importation of a hydraulic excavator manufactured and exported by Kobelco. The total amount requested was £. . . (3). This amount represents all the duty paid. (3) The Commission asked the applicant for additional information on certain aspects of the dossier. It then visited Kobelco's premises in Japan to check the information supplied by Kobelco on the normal value of the goods during the six months preceding import. (4) The applicant was informed of the preliminary results of this examination and given an opportunity to comment. (5) The Commission informed the Member States and gave its opinion on the matter. No Member State raised any objection. B. ARGUMENT OF THE APPLICANT (6) The applicant argued that the excavator had been imported at a price equivalent to the price proposed to the Commission by Kobelco under the original proceeding with a view to a price undertaking. The applicant maintains therefore that the export price for the goods imported exceeded the normal value. C. ADMISSIBILITY (7) The application is admissible in that it was introduced in conformity with the relevant provisions of the Community's anti-dumping legislation, in particular with regard to time limits. D. MERITS OF THE CLAIM (8) The application is founded in part. Pursuant to Article 16 (1) of Council Regulation (EEC) No 2176/84 (4) (and under Regulation (EEC) No 2423/88) an importer who has paid anti-dumping duties and who applies for reimbursement must show that the duty collected exceeds the dumping margin calculated over the relevant reference period for the imports for which the duty was collected. Calculation of actual dumping margin must normally be based on the same method applied during the original investigation, in particular with regard to any application of weighted averages (5). (9) In this case an average dumping margin applied without distinction to all the models released for free circulation in the Community during a single reference period was established by comparing the normal value of each model on a monthly weighted average basis with the export price of the same model during the corresponding month on a transaction-by-transaction basis (6). The Commission considered that the information supplied by the applicant regarding export prices and by the exporter regarding the normal value of the different models was sufficient to calculate correctly the average actual dumping margin. A dumping margin was thus calculated for each reference period corresponding to an application, whereby the average normal value of each model was compared on a transaction-by-transaction basis with the export price for each of Kobelco's consignments released for free circulation in the Community during the reference period in question. It was found that in all the reference periods except for the first the initial dumping margin had been gradually reduced or eliminated, resulting in an average actual dumping margin below the amount of duty collected. This development was due essentially to a rise in export prices, which was not sufficient, however, to eliminate the dumping entirely in every case. (10) The similarity adduced by the applicant between the price paid for the model in question and the price undertaking offered by Kobelco in 1985 at the end of the original proceeding does not apply, since the Council did not accept that offer. Moreover, the actual dumping margin can be established only on the basis of all imports into the Community during the reference period. The applicant's argument referred only to a single excavator, whereas others were imported into the Community over the same period. More generally, a price undertaking may be offered only on the basis of reference data covering a period of investigation stretching back at least six months, and sometimes more, prior to a refund application. An offered price undertaking cannot therefore be used as a reference for assessing the actual dumping margin, which is updated to the time of the import operation following which a refund application is made for anti-dumping duties paid. E. AMOUNT TO BE REIMBURSED (11) A total of £. . . is reimbursable to Kobemac Ltd, representing the difference between the amount of duty collected and the actual dumping margin, HAS ADOPTED THIS DECISION: Article 1 The refund application submitted by Kobemac Ltd, Hampshire, is hereby granted for £. . . and rejected for the remainder. Article 2 The amount set out in Article 1 shall be refunded by the United Kingdom authorities. Article 3 This Decision is adressed to the United Kingdom and Kobemac Ltd, Harewood Forest Works, Longparish, Near Andover, Hampshire, United Kingdom. Done at Brussels, 21 March 1989.

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COMMISSION REGULATION (EC) No 1578/2006 of 19 October 2006 concerning the classification of certain goods in the Combined Nomenclature THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof, Whereas: (1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. (2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. (3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table. (4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). (5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table. Article 2 Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92. Article 3 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 October 2006.

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COMMISSION REGULATION (EC) No 840/2008 of 26 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof, Whereas: Regulation (EC) No 1580/2007 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 Annex XV, Part A thereto, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto. Article 2 This Regulation shall enter into force on 27 August 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 August 2008.

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COMMISSION REGULATION (EC) No 1906/2005 of 22 November 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof, Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 23 November 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 November 2005.

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***** COMMISSION DECISION of 25 May 1983 approving a programme for the animal breeding and insemination sector in the Land of Bavaria pursuant to Council Regulation (EEC) No 355/77 (Only the German text is authentic) (83/278/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (1), as last amended by Regulation (EEC) No 3164/82 (2), and in particular Article 5 thereof, Whereas on 12 May 1982 the Government of the Federal Republic of Germany forwarded a programme for the animal breeding and insemination sector in the Land of Bavaria, providing supplementary information on 14 December 1982; Whereas the section of the programme dealing with insemination, and in particular the construction of buildings to house breeding animals, does not concern the processing and marketing of agricultural products within the meaning of Regulation (EEC) No 355/77; Whereas the part of the programme dealing with animal breeding provides for the creation and improvement of facilities for marketing breeding animals, in particular the construction of new auction arenas, with the aim of giving livestock farmers in Bavaria access to high-quality breeding animals for improving stock in Bavaria and of assuring animal breeders a reliable income; whereas this part constitutes a programme as defined in Article 2 of Regulation (EEC) No 355/77; Whereas the programme contains the details required under Article 3 of Regulation (EEC) No 355/77 showing that the objectives laid down in Article 1 of the said Regulation can be achieved in respect of the abovementioned sector; whereas the schedule for implementation of the programme does not exceed the time limit laid down in Article 3 (1) (g) of the said Regulation; Whereas the question under what conditions the common action initiated by Regulation (EEC) No 355/77 will be continued beyond the date laid down in Article 16 (1) of the said Regulation remains open; whereas it is therefore appropriate to limit approval of the programme to applications referred to in Article 24 of Regulation (EEC) No 355/77; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure, HAS ADOPTED THIS DECISION: Article 1 1. The programme for the animal breeding and insemination sector in the Land of Bavaria submitted by the Government of the Federal Republic of Germany pursuant to Regulation (EEC) No 355/77 on 12 May 1982, and supplemented on 14 December 1982, is hereby approved in respect of the animal breeding section only. 2. This approval is confined to projects presented up to 1 May 1984. Article 2 This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 25 May 1983.

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***** COMMISSION REGULATION (EEC) No 997/90 of 20 April 1990 reimposing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol No 1 thereto, Having regard to Article 1 of Council Regulation (EEC) No 3606/89 of 20 November 1989 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (2), Whereas the abovementioned Protocol No 1 and Article 15 of the Cooperation Agreement provide that the products listed in the Annex are imported exempt of customs duty into the Community, subject to the ceiling shown, above which the customs duties applicable to Third Countries may be re-established; Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be reimposed, HAS ADOPTED THIS REGULATION: Article 1 From 24 April to 31 December 1990, the leving of customs duties applicable to third countries shall be reimposed on imports into the Community of the products listed in the Annex, originating in Yugoslavia. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 April 1990.

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COMMISSION DECISION of 27 August 1999 concerning a special Community financial contribution towards the eradication of bluetongue in Bulgaria by means of vaccination in the infected regions (notified under document number C(1999) 2835) (1999/606/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 94/370/EC(2), and in particular Article 8 thereof, (1) Whereas outbreaks of bluetongue have occurred in Bulgaria in the regions of Bourgas, Jambol and Hasskovo; whereas protective measures were adopted by Commission Decision 1999/542/EC(3) with regard to imports of certain animals from Bulgaria due to an outbreak of bluetongue; (2) Whereas the epidemic has continued to spread since the first outbreaks and the available epidemiological data do not give any reason to hope for a change in this situation; (3) Whereas the spread of this disease in this part of Eastern Europe represents a threat to the Community and must be stopped; (4) Whereas vaccination is the only means of combating the spread of the epidemic; whereas it also helps limit mortality in flocks in the affected areas; (5) Whereas, therefore, Bulgaria's efforts to eradicate the disease should be supported in accordance with Article 8 of Decision 90/424/EEC; (6) Whereas Bulgaria has requested help from the Community with the acquisition of 100000 doses of vaccines; (7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 Bulgaria may obtain a financial contribution from the Community for the acquisition of 100000 doses of bluetongue vaccine for an emergency vaccination campaign in the provinces of Bourgas, Jambol and Hasskovo. Article 2 The financial contribution referred to in Article 1 shall be granted on condition that the Bulgarian authorities undertake to implement the following measures in the provinces referred to in Article 1: - legal provisions making vaccination compulsory within the infected zone and surrounding areas. The extent of the vaccination zone shall be determined on the basis of geographic and environmental data, - registration of owners of herds or flocks of sensitive species (animals of bovine, ovine and caprine species), - marking of vaccinated animals (ovine animals) so as to allow easy identification subsequently, - an information campaign aimed at stock keepers and veterinarians. Article 3 The Community financial contribution shall be 100 % of expenditure on the acquisition of the vaccine and its transport to Bulgaria, up to maximum of EUR 10000. Article 4 This Decision is addressed to the Member States. Done at Brussels, 27 August 1999.

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***** COUNCIL REGULATION (EEC) No 3153/84 of 12 November 1984 increasing the volumes of the Community tariff quotas, opened for 1984, for certain grades of ferro-chromium falling within subheading ex 73.02 E I of the Common Customs Tariff THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof, Having regard to the draft Regulation submitted by the Commission, Whereas, by Regulation (EEC) No 3187/83 (1), (EEC) No 1299/84 (2) and (EEC) No 1967/84 (3), the Council opened, for 1984, and allocated among the Member States, duty-free Community tariff quotas for ferro-chromium containing not less than 4 % by weight of carbon, or not less than 6 % by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff, the volumes of which were fixed at 9 000 and 336 000 tonnes respectively; Whereas it can be estimated, from the economic data now available on consumption, production and imports benefiting from other preferential tariff arrangements, that Community requirements of imports from third countries for products of this kind could, during the current year, reach levels higher than the volumes laid down by the aforesaid Regulations; whereas, in order not to disturb the balance of the market for this product and to ensure parallel development in sales of Community production and supplies, in satisfactory conditions of security, to the user industries, it is appropriate to limit any increases in the volumes to 2 500 and 38 000 tonnes respectively; Whereas, both for ferro-chromium containing not less than 4 % of carbon and for ferro-chromium containing not less than 6 % of carbon it is appropriate to divide into two instalments the volumes of the increases, the first instalment being allocated among certain Member States in proportion to their foreseeable needs, and the second held as a Community reserve to cover possible additional requirements, HAS ADOPTED THIS REGULATION: Article 1 The volumes of the Community tariff quotas opened by Regulations (EEC) No 3187/83, (EEC) No 1299/84 and (EEC) No 1967/84 for ferro-chromium containing not less than 4 % by weight of carbon, and not less than 6 % by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff, shall be raised from 9 000 to 11 500 tonnes and from 336 000 to 374 000 tonnes respectively. Article 2 1. A first instalment of each of the additional volumes referred to in Article 1 and amounting to 2 000 and 35 000 tonnes respectively shall be allocated among certain Member States as follows: (a) as regards ferro-chromium containing not less than 4 % by weight of carbon: 1.2 // // (tonnes) // France // 840 // United Kingdom // 1 160 (b) as regards ferro-chromium containing not less than 6 % by weight of carbon: 1.2 // // (tonnes) // Benelux // 833 // Federal Republic of Germany // 833 // France // 16 667 // Italy // 16 667 2. The second instalments, being 500 and 3 000 tonnes respectively, shall constitute the reserves. The reserves provided for in Article 2 (2) of Regulation (EEC) No 3187/83, as amended by Regulations (EEC) No 1299/84 and (EEC) No 1967/84, shall thus be raised from 2 000 to 2 500 tonnes and from 13 000 to 16 000 tonnes. Article 3 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 November 1984.

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COMMISSION REGULATION (EC) No 1512/2006 of 11 October 2006 amending the import duties in the cereals sector applicable from 12 October 2006 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof, Whereas: (1) The import duties in the cereals sector are fixed by Commission Regulation (EC) No 1442/2006 (3). (2) Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) 1442/2006, HAS ADOPTED THIS REGULATION: Article 1 Annexes I and II to Regulation (EC) No 1442/2006 are hereby replaced by Annexes I and II to this Regulation. Article 2 This Regulation shall enter into force on 12 October 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 October 2006.

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COMMISSION REGULATION (EC) No 2141/96 of 7 November 1996 concerning the examination of an application for the transfer of a marketing authorization for a medicinal product falling within the scope of Council Regulation (EC) No 2309/93 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products (1), and in particular Articles 15 (4) and 37 (4) thereof, Whereas Commission Regulation (EC) No 542/95 of 10 March 1995 concerning the examination of variations to the terms of a marketing authorization falling within the scope of Council Regulation (EEC) No 2309/93 (2) applies if the name and/or address of the holder of the marketing authorization changes but the holder of the said authorization remains the same; Whereas appropriate provisions must therefore be adopted for the examination of an application for the transfer of a marketing authorization for a medicinal product granted in accordance with the provisions of Regulation (EEC) No 2309/93 where the new holder of the authorization is not the previous holder; Whereas it is necessary in particular to institute an administrative procedure to enable the marketing authorization decision to be quickly amended in that event, provided that the transfer application submitted is valid and the conditions relating to it have been fulfilled; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Medicinal Products for Human Use and the Standing Committee on Veterinary Medicinal Products, HAS ADOPTED THIS REGULATION: Article 1 This Regulation lays down the procedure for the examination of applications for the transfer of a marketing authorization granted in accordance with Regulation (EC) No 2309/93, except for the situations covered by point 3 of Annex I to Regulation (EC) No 542/95. Definition Article 2 For the purposes of this Regulation, 'transfer of a marketing authorization` means the procedure of changing the addressee (hereinafter referred to as 'the holder`) of the marketing authorization decision adopted pursuant to Article 10 (1) and (2) or Article 32 (1) and (2) of Council Regulation (EEC) No 2309/93, the new holder not being the previous holder. Administrative procedure Article 3 1. To obtain a transfer of a marketing authorization, the holder of this authorization shall submit an application to the European Agency for the Evaluation of Medicinal Products (hereinafter referred to as 'the Agency`), accompanied by the documents mentioned in the Annex to this Regulation. 2. Such an application shall only concern the transfer of one marketing authorization and shall be accompanied by the relevant fee provided for by Council Regulation (EC) No 297/95 on fees payable to the European Agency for the Evaluation of Medicinal Products (3). Article 4 The Agency shall submit, within 30 days following receipt of an application within the meaning of Article 3 (2), an opinion concerning this application to the holder of the marketing authorization, to the person to whom the transfer shall be granted and to the Commission. Article 5 The Agency's opinion referred to in Article 4 can only be unfavourable if the documents submitted in support of the application are incomplete or if it appears that the person to whom the transfer shall be granted is not established within the Community. Article 6 In the case of a favourable opinion and without prejudice to the application of other provisions of Community law, the Commission shall immediately amend the decision taken in accordance with Articles 10 or 32 of Regulation (EEC) No 2309/93. General and final provisions Article 7 1. The transfer of the marketing authorization shall be authorized from the date of notification of the amendment of the Commission decision referred to in Article 6 (2). 2. The date on which the transfer actually takes place shall be set by the Agency by mutual agreement with the holder of the marketing authorization and the person to whom the transfer is to be granted. The Agency shall immediately inform the Commission of this date. 3. The transfer of a marketing authorization shall not affect any of the time limits provided for in Articles 13 and 35 of Regulation (EC) No 2309/93. Article 8 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 November 1996.

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COMMISSION DECISION of 20 January 2006 amending Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (notified under document number C(2006) 61) (Text with EEA relevance) (2006/23/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof, Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof, Whereas: (1) Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products. (2) On 12 October 2005 Romania notified the Commission of the isolation of an influenza A virus of subtype H5N1 Asian strain collected from a clinical case in poultry. Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (3) was therefore adopted. (3) Romania has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to those parts of the territory of Romania that are affected and at risk. (4) Decision 2005/710/EC should therefore be amended accordingly. (5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Article 1 Decision 2005/710/EC is amended as follows: 1. Article 1 is replaced by the following: ‘Article 1 1. Member States shall suspend the importation of: (a) live poultry, ratites, farmed and wild feathered game, and hatching eggs of these species coming from the part of the territory of Romania referred to in Part A of the Annex; and (b) the following products coming from the part of the territory of Romania mentioned in Part B of the Annex: - fresh meat of poultry, ratites, farmed and wild feathered game, - meat preparations and meat products consisting of or containing meat of those species, - raw pet food and unprocessed feed material containing any parts of those species, - eggs for human consumption, - non-treated game trophies from any birds, and - unprocessed feathers and parts of feathers. 2. By way of derogation from paragraph 1(b), Member States shall authorise the importation of the products covered by paragraph 1(b) first to third indent, which have been obtained from birds slaughtered before 1 August 2005. 3. In the veterinary certificates/commercial documents accompanying consignments of the products referred to in paragraph 2 the following words as appropriate to the species shall be included: “Fresh poultry meat/fresh ratite meat/fresh meat of wild feathered game/fresh meat of farmed feathered game/meat product consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/meat preparation consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/raw pet food and unprocessed feed material containing any parts of poultry, ratites, farmed or wild feathered game (4) obtained from birds slaughtered before 1 August 2005 and in accordance with Article 1(2) of Commission Decision 2005/710/EC. 4. By derogation from paragraph 1(b), second indent, Member States shall authorise the importation of meat products consisting of or containing meat of poultry, ratites, farmed and wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part IV of Annex II to Commission Decision 2005/432/EC.’; 2. the Annex the text of which is set out in the Annex to this Decision is added. Article 2 Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof. Article 3 This Decision is addressed to the Member States. Done at Brussels, 20 January 2006.

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COUNCIL REGULATION (EC) No 151/2003 of 27 January 2003 imposing a definitive anti-dumping duty on imports of certain grain oriented electrical sheets originating in Russia THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 11(2) and (3) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigation and measures in force (1) By Decision No 303/96/ECSC (2), the Commission imposed a definitive anti-dumping duty on imports into the Community of certain grain oriented electrical sheets (GOES) originating in Russia and falling within CN codes 7225 11 00 and 7226 11 10. The rate of the anti-dumping duty imposed was 40,1 %. An undertaking offered in connection with such imports was accepted. (2) In view of the expiry of the Treaty establishing the European Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002 (3), decided that anti-dumping proceedings initiated pursuant to Commission Decision No 2277/96/ECSC (4) (basic Decision) and still in force on that date shall be continued and be governed by the provisions of the basic Regulation with effect from 24 July 2002. Likewise, any anti-dumping measures resulting from pending anti-dumping investigations shall be governed by the provisions of the basic Regulation from 24 July 2002. 2. Requests for reviews (3) Following the publication of a notice of the impending expiry of the anti-dumping measures in force on imports of GOES originating in Russia (5), the Commission received a request to review the measures pursuant to Article 11(2) of the basic Decision. (4) The request was lodged by the European Confederation of Iron and Steel Industries (Eurofer) (the applicant) on behalf of producers representing a major proportion of the Community production of the product concerned. The request was based on the grounds that the expiry of measures would be likely to result in a continuation and/or recurrence of dumping and injury to the Community industry. (5) Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) of the basic Regulation (6). (6) At the same time a decision to open an Article 11(3) investigation was taken by the Commission on its own initiative in order to examine the appropriateness of the form of the measures (7). During the course of the ongoing investigations, the Commission received requests for Market Economy Treatment (MET) pursuant to Article 11(3) of the basic Regulation by Viz Stal and Novolipetsk Iron and steel Corporation. These requests were made on the grounds that the exporting producers concerned would now fulfil these requirements and that their dumping margins had consequently decreased substantially. As a result of these requests for MET the Commission decided to initiate specific interim reviews in accordance with Article 11(3) of the basic Regulation, limited in scope to the investigation of dumping of these exporting producers. Therefore, it is considered appropriate to only decide on the results of the expiry review (which was initiated on 20 February 2001) at this stage. The interim review limited to the form of the measures on the other hand will be concluded together with the MET reviews, thereby taking into account the current economic circumstances of the exporters. 3. Present investigation (a) Procedure (7) The Commission officially advised the Community producers requesting the review, the exporting producers, the importers, the suppliers and the users known to be concerned, as well as the representatives of the exporting country, of the initiation, and gave interested parties the opportunity to make their views known in writing and to request a hearing within the time limits set out in the notice of initiation. (b) Interested parties and verification visits (8) The Commission sent questionnaires to the parties known to be concerned and to all known producers of the product concerned in Brazil, the Czech Republic, India, Japan, the Republic of Korea, Poland and the United States of America, these countries being considered as potential analogue countries in the present investigation. The Commission received replies from the four Community producers, requesting the review, the two exporting producers in Russia, one supplier and from 10 user companies in the Community. Additionally, two Community importers both related to one of the Russian exporting producers replied to the questionnaires. Finally, one producer of GOES in Brazil replied to the questionnaire. (9) The Commission sought and verified all the information it deemed necessary for the purposes of the likely continuation or recurrence of dumping and injury and the determination of the Community interest. Verification visits were carried out at the premises of the following companies: Community producers requesting the review: - Acciai Speciali Terni SpA, Terni, Italy - EBG Gesellschaft für elektromagnetische Werkstoffe mbH, Gelsenkirchen, Germany - Orb Electrical Steels Limited, Newport, United Kingdom - Ugo SA, Isbergues, France Supplier: - Thyssen Krupp Stahl AG, Duisburg, Germany Users: - Alstom T & D SA, Saint-Ouen, France - Blum GmbH, Vaihingen, Germany Exporting producers in Russia: - Novolipetsk Iron and Steel Corporation (NLMK), Lipetsk - VIZ STAL, Ekaterinburg Other cooperating company, situated in a third country: - Duferco Investment SA, Lugano, Switzerland (Import coordinator within Duferco Group) Analogue country producer: - ACESITA SA, Sao Paulo and Timoteo, Brazil. (10) The following companies also cooperated with the investigation but were not visited: Users: - Alstom T & D SA, Le Petit Quevilly, France - Brush Transformers Limited, Loughborough, United Kingdom - Cogent Power Ltd, Bilston, United Kingdom - France Transfo SA, Maizières-les-Metz, France - Hawker Siddeley Power Transformers Limited, London, United Kingdom - Société Nouvelle Transfix SA, Toulon, France - South Wales Transformers Limited, Blackwood, United Kingdom - Surahammars Bruks AB, Surahammar, Sweden. (11) All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the maintenance of the measures. They were also granted a period within which to make representations subsequent to these disclosures. The comments of the parties were considered and, where appropriate, the findings have been modified accordingly. (c) Investigation period (12) The investigation into the continuation and/or recurrence of dumping and injury covered the period from 1 January 2000 to 31 December 2000 (IP). The examination of the trends relevant for the assessment of likelihood of a continuation and/or recurrence of injury covered the period from 1997 to the end of the IP (analysis period). B. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned (13) The product concerned is the same as in the original investigation, i.e. grain oriented cold-rolled sheets and strips of silicon-electrical steel with a width of more than 500 mm originating in Russia, falling within CN codes 7225 11 00 and 7226 11 10. This product is used for electromagnetic appliances and in installations such as power and distribution transformers. (14) In the rather complex manufacturing process of GOES, grain structures are orientated uniformly in the direction of the rolling of the sheet or of the strip in order to allow it to conduct a magnetic field with a high degree of efficiency. The product in question has to comply with specifications concerning the magnetic induction, the pile factor as well as the highest admissible level of re-magnetisation losses. In general, both sides of the product are covered with a thin isolating coating. 2. Like product (15) GOES produced and sold in the Community by the Community producers requesting the review and GOES produced in Russia and sold in the Community by the exporting producers are considered to be like products, within the meaning of Article 1(4) of the basic Regulation. It was also established that GOES produced and sold domestically in the market economy third country (the analogue country), i.e. Brazil (see recitals 20 to 28), had the same basic physical and technical characteristics as GOES produced in Russia and exported to the Community. Therefore, they were considered to be like products within the meaning of Article 1(4) of the basic Regulation. C. LIKELIHOOD OF CONTINUATION OF DUMPING 1. Preliminary remarks (16) According to Article 11(2) of the basic Regulation, the purpose of an expiry review is to determine whether dumping prevailed during the IP and whether the expiry of the measures is likely to lead to a continuation or recurrence of dumping. (17) In this regard, the volumes exported to the Community during the present IP were examined. During the original IP, the share of Russian GOES exports on the Community market amounted to 7,4 % of the Community consumption, while the market share of Russian imports of GOES in the Community during the present IP was 2,2 %. This is, however, still significant, i.e. above the de minimis threshold defined in Article 5(7) of the basic Regulation. (18) The level of cooperation in the present proceeding was high. Both known Russian exporting producers cooperated and replied to the Commission questionnaire. The replies of both companies were verified on-the-spot. 2. Likelihood of continuation of dumping (19) In the context of the likelihood of a continuation of dumping, it was investigated whether dumping of exports from Russia was currently taking place. This was on the grounds that, if dumping was taking place now, this could be an important indication that dumping would be likely to continue and increase in the future, should the measures be allowed to expire. (a) Analogue country (20) The dumping margin calculated in the original investigation resulted in a single countrywide margin concerning all imports into the Community of GOES originating in Russia. In accordance with Article 11(9) of the basic Regulation, the same methodology was employed as in the original investigation. Accordingly, normal value was determined on the basis of information obtained in an appropriate analogue country selected in accordance with Article 2(7) of the basic Regulation. (21) Brazil was selected as an appropriate analogue country in the original investigation. As indicated in the notice of initiation, the Commission envisaged to use Brazil as an appropriate analogue country also in the present investigation. (22) One exporting producer objected to the choice of Brazil, arguing that the domestic market of GOES of the Czech Republic or Poland would be more similar to the Russian market. (23) The other exporting producer opposed to the choice of Brazil, arguing that because of the existence of only one producer of the product concerned in Brazil the level of competition on that domestic market was low. (24) The Commission, as mentioned in recital 8, sent questionnaires to all producers known to produce the product concerned in other third countries, including the Czech Republic and Poland. These producers were invited to cooperate in the present proceeding and to provide information on production and domestic sales of GOES. However, none of these producers were willing to provide such information and to cooperate in the present investigation. (25) Therefore, it should be noted that, although the investigation confirmed the existence of only one producer of GOES in Brazil, no cooperation at all was received from other producers in any other potential analogue country. Therefore, the information provided by the producer in Brazil was considered the best and most reliable one which was available for the purpose of determining normal value. (26) Alternatively, the first mentioned exporting producer argued that in case of non-cooperation in both proposed countries, the Czech Republic and Poland, export prices of the product concerned from these countries to the Community should be used to establish the normal value in accordance with Article 2(7) of the basic Regulation. However, due to the non-cooperation, export prices would have to be based on Eurostat data instead of actual and verified figures. In this regard, it was considered that the use of Eurostat data would result in less accurate findings, due to the fact that export prices are recorded on a general basis without making any distinction between differences having an influence on the export price, such as different product qualities or level of trade. Since the producer in Brazil cooperated in the present proceeding it was considered more appropriate to use actual, verified data of this producer, which resulted therefore in more precise findings. Accordingly, the use of either Czech Republic or Poland had to be rejected. (27) Furthermore, it was found that the production volume and production process in Brazil were comparable to the ones in Russia. Indeed, the production process is virtually the same worldwide. As mentioned in recital 15, it was also established that the product produced and sold on the domestic market in Brazil was a like product to GOES produced in Russia and exported to the Community. Furthermore, domestic sales of GOES on the Brazilian market were representative as compared to the Russian exports to the Community. Brazil was also used as an analogue country in the original investigation. (28) Consequently, the Commission had no reason to believe that the choice of Brazil was not appropriate. Considering the above, and in the absence of any alternatives, Brazil was selected as the most appropriate analogue country. (b) Normal value (29) In accordance with Article 2(1) of the basic Regulation, it was considered whether domestic sales of GOES in Brazil could be seen to be made in the ordinary course of trade by reason of price. For so doing the Commission examined whether domestic sales were profitable. For this purpose the full cost of production per unit during the IP was compared to the average unit sales price of the IP. It was found that sales were made at a profit. The investigation also revealed that all sales were made to independent customers. As a result the prices paid or payable for GOES by independent customers on the Brazilian domestic market in the ordinary course of trade were used to determine the normal value in accordance with Article 2(1) of the basic Regulation. (c) Export price (30) During the original investigation three exporters/producers, of which one was a trader, cooperated. The present investigation revealed that the trader had ceased its export of the product concerned to the Community prior to the current IP. Therefore, the export price in the present investigation was established on the basis of the information submitted by the remaining two exporting producers in Russia, which both cooperated. (31) One of these Russian exporting producers exported the product concerned to the Community via two independent traders, both of which engaged merely in the re-invoicing to end-users in the Community and other third countries. For this exporting producer, export prices were determined on the basis of the prices charged to the first independent customers, i.e. the unrelated traders. Thus, export prices were established on the basis of the price actually paid or payable for the product concerned when sold for export to the Community in accordance with Article 2(8) of the basic Regulation. (32) The other Russian exporting producer was largely owned and controlled by a related holding/trading company in Switzerland. All exports were made via the Swiss company to two related importers in the Community, which resold the product concerned to the final customers in the Community. Therefore, export prices were constructed on the basis of resale prices to the first independent customer in the Community in accordance with Article 2(9) of the basic Regulation. (33) Furthermore, the related company in Switzerland imported the product concerned into the Community via its two Community based importing companies. It carried out the functions of a trader and an adjustment was made to the export price by deducting a commission from the export price to take account of the functions performed by it. As far as the two related importers in the Community are concerned, selling, general and administrative costs were deducted. In addition, for each related Community importer involved, a reasonable profit margin was deducted. Since no unrelated importer cooperated in the proceedings and in the absence of any other more reliable information, a profit margin of 5 % was considered reasonable. (34) During the original investigation, the above exporting producer was not related to any importer in the Community or in third countries and therefore, the determination of the export price was originally based on prices actually paid or payable in accordance with Article 2(8) of the basic Regulation. (d) Comparison (35) In order to allow a fair comparison between normal value and export price, account was taken of differences in factors, which were found to affect prices and price comparability in accordance with Article 2(10) of the basic Regulation. (36) In this regard, it was found that the GOES produced and sold in Brazil had slightly different features with regard to thickness and the maximum core loss under certain specific electrical conditions. Therefore, adjustments for slight physical differences between GOES sold on the Brazilian domestic market and those exported from Russia into the Community were made. In addition, adjustments relating to export duties and, in case of the unrelated Russian exporting producer, also to credit costs, were made as they affected the export prices assessed for the exporting producers. (e) Dumping margin (37) A comparison was made between the weighted average normal value and the weighted average export price on an ex-works basis. The comparison showed that exports from Russia of GOES to the Community have been dumped at a substantial margin during the IP. The dumping margin was equal to the amount by which the normal value exceeded the prices for exports to the Community. The single countrywide weighted average dumping margin exceeded 80 % and was thus even slightly higher than the dumping margin found during the original investigation. 3. Development of imports should measures expire (38) It was also examined how imports of GOES from Russia would develop should the measures expire. For that purpose the exports to the Community and third countries as well as on the domestic market were examined. Consideration was also given to the price behaviour of the Russian exporting producers on the different markets. (a) Evolution of export volume and prices to the Community (39) As mentioned above in recital 1, an undertaking offered by the Russian exporting producers in the original investigation had been accepted by the Commission. The undertaking consisted mainly in an annual quantitative limitation, i.e. export quantities of the product concerned after imposition of the definitive measures were limited to a ceiling fixed in the undertaking. In spite of the undertaking, and the fact that export volumes remained stable, they nevertheless continued to be made at dumped prices. There was therefore no reason to believe that, in case the measures in force were repealed, prices would increase to non-dumped levels. On the contrary, without the limitation of the quota, import volumes into the Community are likely to increase significantly, which would very likely lead to further downwards price pressure. (b) Evolution of sales volume and prices on the domestic market and on markets of third countries (40) It was found that a major part of the exports are likely to be directed to the Community for reasons of the different price levels in the respective markets. Furthermore, it was found that access to a number of potential export markets is restricted due to the existence of considerably high custom tariffs. Despite these restrictions, exports to third countries exceeded those to the Community and domestic sales during IP. In addition, the recent appreciation of the euro makes exports to the Community more attractive than those to third countries. All these factors indicate that any increased export volumes would be likely to be directed to the Community market should measures under investigation be repealed. (41) Sales on the Russian domestic market and exports to third countries have increased since 1997, while exports to the Community decreased after the imposition of the anti-dumping measures and stayed relatively stable at a very low level due to the undertaking. Demand on the Russian domestic market, though risen since 1997, has always been far too weak to absorb the output volumes of the Russian exporting producers. The total volume of Russian domestic sales has always been clearly below the total export volume (to all countries). As mentioned below in recital 82, Russian producers increased their production capacities during the analysis period, which lead to significant spare capacities and accumulated stocks during the current investigation period. A major part of the available stocks is likely to be exported to the Community, should measures lapse. Furthermore, and given the high spare capacities, Russian producers could easily further increase their production volume to a level exceeding that which the domestic market or other potential third markets could absorb. In fact, and as mentioned below in recital 82, the capacity installed during the IP reached a level sufficient to meet the entire demand of GOES in the Community. It is therefore not unreasonable to conclude that export volumes would increase in future, in particular to the Community, should access to the market be free due to the expiry of the current measures. (42) As mentioned below in recital 83, the Russian GOES producers have a well developed selling organisation in the European Community, which facilitates the selling and distribution of the product concerned in the Community market. (43) Accordingly, due to the anticipated increasing volume of imports into the Community in the absence of measures and hence of available supply, it can reasonably be expected that prices will follow a further downward trend, if the measures are allowed to lapse. 4. Conclusion on the likelihood of a continuation of dumping (44) Imports of Russian GOES during the IP were still dumped, despite the measures imposed. It was established that dumping continued and that there is a strong likelihood that it would also continue should measures be allowed to lapse. Moreover, exports of Russian GOES to the Community are likely to increase significantly and prices of these additional import quantities will in all likelihood be dumped at significant levels, should the anti-dumping measures lapse. D. COMMUNITY INDUSTRY (45) The four Community producers that cooperated in the investigation represented 100 % of the Community production of GOES during the IP. Therefore, they constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation. E. SITUATION OF THE COMMUNITY INDUSTRY 1. Community consumption (46) Community consumption was calculated on the basis of the cumulated volume of sales on the Community market by the Community industry and of total import volumes reported by Eurostat or by cooperating exporting Russian producers. (47) On this basis, Community consumption expressed in tonnes increased by 5 % between 1997 and 1999, from around 186 000 to 195 500 respectively. It then dropped by 4,9 % to reach around 186 000 in the IP. Detailed data are as follows. Consumption 1997 1998 1999 2000 (IP) in tonnes 186 087 183 648 195 601 186 220 indexed 100 99 105 100 2. Imports from Russia Volume of imports (48) On the basis of the information from Eurostat and submitted by cooperating exporting producers, the import volumes from Russia varied between around 3 750 tonnes and 6 701 tonnes during the analysis period. Detailed import data are as follows. Volume 1997 1998 1999 2000 (IP) in tonnes 5 238 6 701 5 899 3 750 indexed 100 128 113 72 Market share of imports (49) The market share of imports from Russia was in the region of 2 % to 3,6 % during the analysis period. Quality improvement of Russian products and pricing behaviour of Russian exporters (50) In the original investigation, GOES from Russia were sold in substantial quantities as second choice material on the Community market, due to quality deficiencies. This led the Commission to grant price adjustments when assessing price undercutting and injury elimination margin. As a consequence of the investments made by Russian producers to improve their facilities, the GOES now imported from Russia is first quality material in the vast majority of cases. (51) On the basis of Eurostat figures, prices of imports, expressed in EUR/tonne, decreased sharply from 954 in 1997 to 862 in 1998 and 741 in 1999, a drop of more than 200 EUR/tonne in absolute terms within two years. Then prices partially recovered, reaching 860 in 2000, a level still below, by around 10 %, that achieved in 1997. Detailed data are as follows: Unit prices/imports 1997 1998 1999 2000 (IP) in EUR/tonne 954 862 741 860 indexed 100 90 78 90 (52) The Commission also compared Russian import prices, as extracted from the replies to the questionnaires (cif basis) to the prices charged by the Community industry for the same product (ex-works basis). In order to take account of the variety of GOES, the products sold by the Community industry and imported from Russia were classified into categories, according to the thickness and the maximum core loss under certain specific electrical conditions. Comparison was then made, in similar conditions of trade and on a per category basis, between the weighted average selling prices of both imported products and Community industry products. On this basis, the Russian import prices were found significantly below those of the Community industry. 3. Imports from other third countries (53) The total import volumes of GOES from all third countries other than Russia decreased during the analysis period from around 44 300 tonnes in 1997 to around 38 600 tonnes in the IP. Substantial quantities of these imports either originated in Japan or were classified by Eurostat as ‘declared under secret origin’. The Commission verified that these secret imports did not originate in Russia. The remaining imports were mainly originating in Poland or the Czech Republic. Imports from Poland varied during the analysis period, between a minimum of around 1 600 tonnes in 1999 and a maximum of around 4 800 tonnes in the IP. Imports from the Czech Republic sharply decreased all over the analysis period from around 7 000 tonnes in 1997 to less than 2 000 tonnes in the IP. (54) In the IP, the market share of imports from third countries other than Russia amounted to 20,7 %; Japan, 11,2 %; Poland, 2,6 % and the Czech Republic, 1,1 %. Market share of imports under secret origin reached 4,7 % in the IP. (55) Prices of imports from Japan and of imports ‘declared under secret origin’ as well as imports from other sources were substantially higher than those of the Community industry. (56) Following a trend similar to that observed for prices of the Community industry on the Community market (see recital 58), prices of imports from Poland decreased between 1997 and 1999 and then slightly increased in the IP, to reach a level still below that achieved in 1997. These prices were slightly below those of the Community industry but significantly higher than prices of imports from Russia. (57) Prices of imports from the Czech Republic remained more or less stable at a level below those of the Community industry and of the imports from Poland, but higher than that of imports from Russia in the same year. (58) Detailed data on volumes (expressed in tonnes) and on prices (expressed in EUR/tonne) of imports from third countries other than Russia are as follows: Other third imports 1997 1998 1999 2000 (IP) Japan Volumes 15 357 10 730 15 109 20 859 Prices 1 324 1 428 1 362 1 348 Secret Area Volumes 18 774 19 303 18 200 8 801 Prices 1 386 1 471 1 390 1 359 Poland Volumes 2 455 3 224 1 588 4 863 Prices 1 101 1 027 994 1 070 Czech Republic Volumes 7 038 5 540 2 724 1 964 Prices 929 928 923 959 Others Volumes 676 1 718 1 800 2 121 Prices 1 739 1 577 1 481 1 484 Total Volumes 44 300 40 515 39 421 38 608 Prices 1 282 1 355 1 335 1 303 4. Situation of the Community industry Restructuring of the Community industry (59) It is recalled that in the original investigation, it was found that between 1990 and the end of the investigation period (end of April 1994), the Community industry suffered material injury which consisted mainly of a decline in sales with a resulting loss of market share as well as price depression. These factors together led to a decline in profits and, overall, financial losses. (60) Since the current anti-dumping measures were imposed, the Community industry has undergone a restructuring programme aimed at improving its competitiveness. Following a merger which was approved by the Commission on 8 October 1999 (8), three of the four Community producers became part of the Thyssen Krupp Steel group. Production and stocks (61) Production of GOES slightly decreased between 1997 and 1998 and then increased to a level of around 220 000 tonnes in the IP. This represents an increase of 3 % over the analysis period. Detailed data are shown below: Production 1997 1998 1999 2000 (IP) in tonnes 212 891 211 655 220 734 220 176 indexed 100 99 104 103 (62) Taking into account the fact that the Community industry generally used a production to order system which had the effect of minimising stock levels, it is therefore considered that the development of the level of stocks is not a relevant factor having a bearing on the state of the Community industry. Indeed, stocks usually consisted of merchandise which was merely to be delivered to customers which had already ordered the products. Capacity (63) As the production facilities used in the manufacturing of GOES are also used for producing other products, it was not possible nor meaningful to establish the capacity and utilisation of capacity that related specifically to the product concerned. (64) However, the assessment of the total level of capacity for producing both GOES and other products showed that the Community industry continued to have spare capacity available which would have allowed it to produce GOES in greater quantities. Sales (65) Sales of GOES on the Community market increased by around 10 % between 1997/1998 and 1999 from a level of around 136 500 tonnes in 1997 and 1998 to around 150 000 tonnes in 1999. They fell sharply by about 5 % in the IP to less than 144 000 tonnes, in line with Community consumption. Detailed figures are reported below: Sales 1997 1998 1999 2000 (IP) in tonnes 136 549 136 432 150 281 143 862 indexed 100 100 110 105 Market share (66) Community industry market share rose by 3,4 percentage points from 73,4 % in 1997 to 76,8 % in 1999 before increasing slightly again to 77,3 % in the IP, an additional gain of 0,5 percentage point in that year. Detailed data are reported below: Market share 1997 1998 1999 2000 (IP) in % 73,4 74,3 76,8 77,3 indexed 100 101 105 105 Prices (67) Community industry prices on the Community market developed as follows: unit prices 1997 1998 1999 2000 (IP) in EUR/tonne 1 140 1 122 1 044 1 089 indexed 100 98 92 96 (68) Prices of GOES in the Community decreased by around 8 % between 1997 and 1999 from a level of 1 140 EUR/tonne in 1997 to 1 044 EUR/tonne in 1999, an overall loss of around 100 EUR/tonne in absolute terms in only two years. This decrease has to be seen in the light of the overall instability of the world steel market, which resulted in a general fall in prices of steel products in the years 1998/1999. However, taking account of the fact that the prices of Russian imports were the lowest during the analysis period (see recitals 51 and 58), it is clear that the prices of Russian imports also exerted a negative pressure on the prices of the Community industry in this period. Profitability (69) The overall profitability of the Community industry for its sales on the Community market decreased in the analysis period, as shown below: Profitability 1997 1998 1999 2000 (IP) in % 2,6 4,3 1,7 1,8 (70) Taking into account the degree of sophistication of the manufacturing process which is necessary to produce GOES, a level of 8 % of profit was found reasonable for this industry to maintain its viability. The level attained in 1997 cannot be considered representative as in that year it was mainly influenced by the high financial losses registered by one Community producer which experienced difficulties with its supply of raw materials. In the same year, the other Community producers all registered profits of the satisfactory level of around 8 % on average. With regard to development of profitability and its decline from 1998 to the IP, reference is also made to the explanation provided in recitals 77 and 80. Cash flow, ability to raise capital and wages (71) Figures for cash flow and wages developed as follows: 1997 1998 1999 2000 (IP) Cash flow n.r. 100 80 103 1997 1998 1999 2000 (IP) Wages 100 98 94 103 No specific problems were encountered as regards ability to raise capital during the analysis period. It should also be recalled that three of the Community producers belong to a larger group. Investments and return on investments (72) To accompany the strong restructuring programme undertaken, the Community industry made significant investments in order to rationalise production and sales. 1997 1998 1999 2000 (IP) Return on investment (%) n.r. 12,2 4,0 3,6 Productivity and employment (73) Detailed data on productivity and employment were as follows: Index 1997 = 100 1997 1998 1999 2000 (IP) Productivity 100 106 115 115 Number of employees 100 94 90 90 (74) Due to the major restructuring efforts undergone by the Community industry after the imposition of the anti-dumping measures currently under review, productivity improved during the analysis period by 15 % overall. (75) Restructuring also led to a reduction by 10 % in the number of employees over the same period. Export activity of the Community industry (76) The Community industry was very active on third country markets, exporting around one third of its production of GOES. This shows that this industry is well established and able to meet competition on a global basis. Confronted to the international steel crisis, its exports decreased by 7 % from around 78 000 tonnes in 1997 to around 73 000 tonnes in 1999 and then increased to around 76 000 tonnes in the IP. Detailed data on export volumes of the Community industry were as follows: Export 1997 1998 1999 2000 (IP) Volumes in tonnes 78 209 73 774 72 961 76 345 indexed 100 94 93 98 Magnitude of dumping and recovery from past dumping (77) As concerns the impact on the situation of the Community industry of the magnitude of the actual margin of dumping found during the IP, it should be noted that the margin found for Russia is higher than that found in the original IP (see recital 37). The situation of the Community industry improved to a certain extent after the imposition of measures, but it has not completely recovered. Therefore, should measures be repealed, the impact of the dumping margin found in the current investigation would be significant. Growth (78) It is recalled that Community consumption increased by 5 % between 1997 and 1999 and then dropped by 4,9 % in the IP, going back to a level close to that achieved in 1997. The sales volume of the Community industry followed a similar trend in this period, the decline between 1999 and 2000 being however less marked than the decrease in consumption in these years. 5. Conclusion on the situation of the Community industry (79) In terms of volumes, the introduction of the anti-dumping measures on imports of the product concerned from Russia enabled an improvement in the economic situation of the Community industry between 1997 and 1999. This allowed the Community industry to improve its production by 3,7 % and its sales to the Community market by 10 %. It also improved its market share by 3,4 percentage points in the same period. However, this trend reversed in the IP (production - 0,3 %, deliveries to the Community - 4,3 % percentage points) while consumption decreased by 4,9 % in the same time (see recital 47). (80) The financial situation of the Community industry initially improved after the imposition of the measures. However, in the wake of the general instability experienced by the world steel market, the Community industry's prices, which were also subject to the downward pressure of prices of imports from Russia, decreased by around 8 % between 1997 and 1998. Despite the significant restructuring efforts undertaken by the Community producers, their substantial gains in productivity as well as their improved situation in terms of sales volumes, the drop in prices resulted, from 1998 to the IP, in a steady decline in the profitability of the Community industry. (81) It is therefore concluded that despite the improvement observed subsequent to the imposition of anti-dumping measures, the Community industry is still in a weakened situation. F. LIKELIHOOD OF CONTINUATION AND/OR RECURRENCE OF INJURY (82) Bearing in mind that GOES production facilities can also be used to manufacture other products (see recital 63), it was not meaningful to accurately assess the production capacity for the Russian exporters in relation only to the product concerned. Nevertheless, as referred to in recital 41, the GOES producers in Russia have increased their total available capacity (destined both to the product concerned and to other products)by around 10 % in the analysis period. The level attained now far exceeds what their domestic market or other potential third markets could absorb. Indeed, the level of capacity now reached would be sufficient to meet the entire demand of GOES in the Community. As already pointed out in recital 40, Russian GOES producers have significant spare capacity available which they could use to supply export markets. Indeed, if these additional volumes were directed towards the Community market, they could very well go beyond the significant levels found in the original investigation. (83) Since 1994, the Russian GOES producers have developed their selling organisation in the European Community. For instance, one of the exporting producers has now its own related selling organisation in the Community. Taking account of the investments made for that purpose, it is therefore clear that Russian producers intend to develop their sales on the EU market. (84) As in the IP, the Russian producers are still selling GOES on the Community market at prices substantially below those of the Community producers, such a price behaviour combined with their capacity to sell increased quantities would likely result in price depression on the Community market, as found in the original investigation, if the measures in force were allowed to lapse. (85) As shown in recitals 59 to 81, the Community industry is still in a precarious situation, in particular as regards its profitability. It is likely that if the Community industry was exposed to increased volumes of imports from Russia at dumped prices this would result in a deterioration of its financial situation as found in the original investigation. On this basis, it is therefore concluded, that the repeal of the measures would in all likelihood result in the continuation, and/or recurrence of injury to the Community industry. G. COMMUNITY INTEREST 1. Introduction (86) In accordance with Article 21 of the basic Regulation, it was examined whether a prolongation of the anti-dumping measures in force would be against the interests of the Community as a whole. This analysis was based on an appreciation of all the various interests involved, i.e. those of the Community industry, of its suppliers of raw materials, of the importers and of the users of the product concerned. For the purpose of this analysis, the Commission requested information from all identified interested parties. (87) It should also be noted that, in the context of an expiry review, the scrutiny of a situation in which anti-dumping measures have been in place allows assessment of any negative, undue impact of the anti-dumping measures in force on the parties concerned. 2. Interests of the Community industry (88) As shown in the analysis of its situation above, the Community industry was able at the beginning of the analysis period to improve its situation and to restore, in particular, a satisfactory level of profitability. This shows that this industry is capable of benefiting from the protection offered by anti-dumping measures against unfair trade practices. (89) The Community industry has also shown its willingness and resolution to consolidate its competitive presence both on the Community market and worldwide. Since the original investigation, the industry has undergone a major restructuring programme and it is now controlled by two independent financial groups in order to centralise and secure the sourcing of the GOES raw material with Thyssen Krupp Group and to pool investment in higher technical grades and performance improvement (core loss reduction). Indeed, the merging of three of the complainants under the same holding company was intended to create a larger entity which could compete more effectively with other GOES producers (around 11) on the world market. (90) It is clear that the Community industry was still in a vulnerable situation during the analysis period and that it needed to maintain an adequate volume of production and of deliveries both on its domestic market and on export markets to keep the charge of its fixed costs at a sustainable level and to remain competitive. In other words, the efforts undertaken by the Community industry both to rationalise its production and to restructure would be wasted if renewed and increased dumping would prevent it to reach a sufficient sales volume. (91) In conclusion, taking into account the current viability of the Community industry and its strong efforts to remain competitive both at European and world level it is considered that if measures lapse the Community industry's situation would be jeopardised by a subsequent expected increase in imports of GOES from Russia. 3. Interests of the upstream industries (92) Only one supplier replied to the Commission's questionnaire. This company, which belongs to the same holding company as the three Community producers mentioned above (see recital 60), produces different qualities of steel and in particular the raw material necessary for manufacturing GOES. It is now the only remaining important producer of this quality of steel in the European Community as the other large steel groups have abandoned its production. This company has made substantial investments in order to rationalise and develop production of silicon electrical steel. This investment occurred at the same time as the merger mentioned above (see recital 60). It can be seen as part of the group overall efforts to improve its competitive position. From the above, it is clear that this supplier of silicon-electrical steel is closely dependent on the situation of the Community industry. Moreover, as it is difficult to shift from the production of silicon-electrical steel to the production of other qualities of steel without incurring significant costs, any reduction in the production of GOES would lead to a knock-on effect on employment. (93) It is therefore concluded that it is also in the interests of the suppliers that the measures remain in force. 4. Interest of importers of GOES (94) No independent importer cooperated in this investigation. On the basis of information available, it is to be noted that the product concerned, which is in general imported by specialised steel importers/traders, represents only a small part in the diverse range of the steel products they handle. It is thus considered that the continuation of anti-dumping measures would have no more than a minimal impact, if any, on the overall situation of the importers/traders in question. 5. Interests of the user industries (95) Around 40 users of GOES received a questionnaire tailored to their activity. Nine responses were received by the Commission, covering less than 20 % of the total consumption of GOES in the Community. (96) The downstream industry can be divided in two main sectors: - the first cuts GOES according to pre-defined shapes and assembles these pieces to manufacture transformer cores which are then resold to transformer producers for further processing, - the other produces transformers. This industry either utilises the cores manufactured by the companies mentioned above or manufactures the cores themselves before manufacturing the transformers. (97) The sector of manufacturers of transformer cores developed recently. There are few operators and only one company, related to one of the complainants, cooperated in the investigation. Although GOES are the most significant item in cost terms in the manufacture of transformer cores, there is no indication that this sector is subject to specific pressures aimed at reducing its prices. In fact, these operators who supply the transformer manufacturers are closely dependent on the prices that transformer manufacturers can get for their final products. (98) By contrast, the sector of transformer manufacturers is a long-established industry which traditionally supplies the large energy producers. This transformer industry in general, belongs to large industrial groups, which have a worldwide presence. Some of them have set up single purchasing organisations which concentrate all orders for the group in order to improve their negotiating position towards producers of GOES. There are also some smaller groups or companies. GOES represent a substantial item in the total cost of the final products of this industry (from 10 % to 30 % depending on the type of transformer). The main concern expressed by this industry was to operate in a fair competitive market, which allowed it to produce and sell quality products. (99) In this respect, certain users of GOES alleged that they had been confronted in the IP by a shortage of supply from the part of certain Community producers due to a perceived lack of available capacity. Others argued that it was not possible to import GOES from other sources. However, they did not submit any evidence supporting these allegations. In any event, this is in clear contradiction with the findings of the current investigation. Indeed, as set out at recital 64, the Community industry had available capacities in the analysis period, allowing it to produce higher quantities of GOES. In addition, it was also possible to import GOES from other sources such as Poland and the Czech Republic (see recital 58). These allegations are therefore unfounded. (100) As regards the competitive situation on the Community market of GOES, some users argued that the continuation of measures, by limiting exports from Russia, would maintain GOES prices artificially high. This would hamper their own competitiveness on the Community market. However, on the basis of Eurostat figures, the volume of imports from third countries appeared to be rather limited so that the market share of European users did not deteriorate nor did their volume of export sales go down. Average prices of imported transformers also appeared to be almost stable. It therefore appears that the existing anti-dumping measures did not erode the competitiveness of this industry. (101) In addition, the fact that the Thyssen Krupp group was both the sole producer of silicon electrical steel in the Community and owner of three of the four Community producers of GOES was also criticised. The specific situation of the Thyssen Krupp group has been analysed in detail by the Commission with regard to provisions of the ECSC Treaty concerning competition (see recital 60 and recital 89). No new or further information was made available during the investigation which would indicate that the competitive situation had changed since the abovementioned examination by the Commission. Therefore, these criticisms are also unfounded. (102) On the basis of the above, it appears that the situation of the users is not significantly affected by the measures. There is in addition no indication that their continuation will have a different impact in the future. (103) If measures were to be repealed the situation of the Community industry risks to be weakened further by a continuation/recurrence of dumped imports. Indeed, as noted at recital 92 above and taking account the specific nature and the complexity of GOES manufacturing, the number of available sources of supply of GOES is rather limited at world level. Should the Community industry decrease its activity, this would make users of GOES progressively more dependent on imported materials. (104) In this regard, it should also be noted that the product concerned can be considered as a strategic product for the user industries. In fact, GOES is a unique product which cannot, in the majority of its applications, be substituted by any alternative material. Indeed, the complicated manufacturing process makes grain oriented steel significantly different from most other steel grades. GOES are used mainly in the manufacture of power and distribution transformers. It is therefore a key element in a strategic sector underpinning the energy distribution infrastructure. It is therefore in the interest of the European user industries that the sources of supply in the Community are not further weakened by a continuation or recurrence of dumped imports. 6. Conclusion (105) Taking account of the above facts and considerations, it is concluded that the prolongation of the measures is not against the interest of the Community as a whole. H. FORM OF THE MEASURES (106) The present investigation was limited to Article 11(2) of the basic Decision (9). As mentioned above (see recital 6), the investigations in the framework of Article 11(3) on the appropriateness of the form of the measures and the MET status will be continued. In this context, it is recalled that by Commission Decision No 303/96/ECSC of 19 February 1996 the Commission accepted an undertaking which should be maintained pending the outcome of the reviews under Article 11(3). I. ANTI-DUMPING MEASURES (107) All parties concerned were informed of the essential facts on the basis of which it is intended to recommend the maintenance of existing measures in their present form. They were also granted a period to make representations subsequent to this disclosure. No new arguments were received. (108) It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of GOES originating in Russia, imposed by Decision No 303/96/ECSC, should be maintained, HAS ADOPTED THIS REGULATION: Article 1 1. A definitive anti-dumping duty is hereby imposed on imports of grain oriented cold-rolled sheets and strips of silicon-electrical steel with a width of more than 500 mm originating in Russia and falling within CN codes 7225 11 00 (sheets of a width of 600 mm or more) and 7226 11 10 (sheets of a width of more than 500 mm but less than 600 mm). 2. The rate of the definitive anti-dumping duty shall be 40,1 % of the net, free-at-Community frontier price, before duty (TARIC additional code 8877). 3. Unless otherwise specified, the provisions in force concerning customs duty shall apply. Article 2 Notwithstanding Article 1, the duty shall not apply to imports of the products concerned exported and invoiced direct to buyers in the Community by the following companies (both under TARIC additional code 8878): - Novolipetsk Iron and Steel Corporation (NLMK), Lipetsk, - Viz Stal, Ekaterinburg. Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 January 2003.

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COUNCIL DECISION of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (98/41 6/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof in conjunction with the first sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof, Having regard to the proposal from the Commission (1), Having regard to the assent of the European Parliament (2), Whereas the European Community is a signatory to the United Nations Convention on the Law of the Sea, which obliges all members of the international community to cooperate in the conservation and management of the biological resources of the sea; Whereas, as regards sea fisheries, the European Community is responsible for adopting measures for the conservation and management of fishery resources and in that connection for entering into commitments with non-member countries or international organisations; Whereas the management and conservation of the living resources of the Mediterranean Sea requires international regulation; Whereas, to that end, the Agreement establishing the General Fisheries Commission for the Mediterranean (hereinafter referred to as the ‘GFCM Agreement’) was concluded in Rome on 24 September 1949; Whereas, to contribute to the conservation of living marine resources in the area covered by the GFCM Agreement in which Community fishermen operate, it is necessary for the European Community to accede to the GFCM; Whereas the European Community became a member of the United Nations Food and Agriculture Organisation (FAO) on 26 November 1991; Whereas the accession of the European Community to the GFCM is possible under Article I(2) of the GFCM Agreement, read in conjunction with Article XIV of the revised FAO Constitution; Whereas the Agreement and Rules of Procedure of the GFCM have been adapted to permit the accession of the European Community, HAS DECIDED AS FOLLOWS: Sole Article 1. The European Community shall accede to the General Fisheries Commission for the Mediterranean by means of the declaration of acceptance of the Agreement and the Rules of Procedure of the organisation, in accordance with the instrument contained in Annex I. The European Community shall also deposit a single declaration on the exercise of competence and voting rights agreed between the Council and the Commission. 2. The texts of the Agreement and the Rules of Procedure of the General Fisheries Commission for the Mediterranean are contained in Annexes II and III. Done at Luxembourg, 16 June 1998.

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Commission Regulation (EC) No 770/2003 of 2 May 2003 establishing the standard import values for determining the entry price of certain fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof, Whereas: (1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. (2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto. Article 2 This Regulation shall enter into force on 3 May 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 May 2003.

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COMMISSION REGULATION (EEC) No 1893/80 of 16 July 1980 amending, as regards production refunds on starches, Regulation (EEC) No 1570/78 laying down detailed rules for the application of Regulation (EEC) No 2742/75 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1870/80 (2), Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 1871/80 (4), Having regard to Council Regulation (EEC) No 2742/75 of 29 October 1975 on production refunds in the cereals and rice sectors (5), as last amended by Regulation (EEC) No 1877/80 (6), and in particular Article 8 thereof, Whereas Article 11 of Regulation (EEC) No 2727/75 provides that a production refund may be granted for common wheat used in the Community for the manufacture of starch and for the manufacture of quellmehl intended for bread-making ; whereas Article 1 of Regulation (EEC) No 2742/75 determined the amount of the refund granted for such uses; Whereas common wheat starch and quellmehl intended for bread-making are generally produced from common wheat flour ; whereas the production refund is calculated on the basis of the quantity of common wheat necessary for processing into starch or quellmehl ; whereas it is therefore appropriate to fix a rate for the processing of common wheat into flour ; whereas it is accordingly necessary to amend Article 1 (3) of Commission Regulation (EEC) No 1570/78 (7) and to correct errors in certain of the different language versions of the said Regulation ; whereas these amendments must take effect retroactively from the date of application of Regulation (EEC) No 1570/78; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Paragraph 3 of Article 1 of Regulation (EEC) No 1570/78 shall be replaced by the following: "3. When common wheat flour, to be used for the production of starch or quellmehl, is placed under official supervision, a conversion rate of 1 740 tonnes of common wheat to 1 700 tonnes of flour shall be applied." Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply with effect from 22 July 1978. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 July 1980.

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COMMISSION DECISION of 14 December 2006 on the continuation in the year 2007 of Community comparative trials and tests on seeds and propagating material of Asparagus officinalis L. under Council Directive 2002/55/EC started in 2005 (Text with EEA relevance) (2006/934/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), Having regard to Commission Decision 2005/5/EC of 27 December 2004 setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009 (2), and in particular Article 3 thereof, Whereas: (1) Decision 2005/5/EC sets out the arrangements for the comparative trials and tests to be carried out under Council Directive 2002/55/EC as regards Asparagus officinalis L. from 2005 to 2009. (2) Tests and trials carried out in 2005 and 2006 should be continued in 2007, HAS DECIDED AS FOLLOWS: Sole Article Community comparative trials and tests which began in 2005 on seeds and propagating material of Asparagus officinalis L. shall be continued in 2007 in accordance with Decision 2005/5/EC. Done at Brussels, 14 December 2006.

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