# Official Journal L 205/2006

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 205 |
| | |
| English edition | Legislation | Volume 4927 July 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 205

English edition

Legislation

Volume 4927 July 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People's Republic of China | 1 |
| | | Commission Regulation (EC) No 1137/2006 of 26 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 13 |
| | * | Commission Regulation (EC) No 1138/2006 of 26 July 2006 amending Regulation (EC) No 990/2006 as regards the quantities covered by standing invitations to tender for the export of cereals held by the intervention agencies of the Member States | 15 |
| | | Commission Regulation (EC) No 1139/2006 of 26 July 2006 on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes, apples and peaches) | 19 |
| | | Commission Regulation (EC) No 1140/2006 of 26 July 2006 setting the allocation coefficient for issuing licences to import sugar products under tariff quotas and preferential agreements | 21 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People's Republic of China

1

Commission Regulation (EC) No 1137/2006 of 26 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

*

Commission Regulation (EC) No 1138/2006 of 26 July 2006 amending Regulation (EC) No 990/2006 as regards the quantities covered by standing invitations to tender for the export of cereals held by the intervention agencies of the Member States

15

Commission Regulation (EC) No 1139/2006 of 26 July 2006 on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes, apples and peaches)

19

Commission Regulation (EC) No 1140/2006 of 26 July 2006 setting the allocation coefficient for issuing licences to import sugar products under tariff quotas and preferential agreements

21

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 22 February 2006 relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement (Case COMP/B-2/38.381 — De Beers)
  (notified under document number C(2006) 521)

   (
  1
  ) | 24 |
| | * | Commission Decision of 25 July 2006 amending Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC as regards certain protection measures in relation to highly pathogenic avian influenza
  (notified under document number C(2006) 3302)

   (
  1
  ) | 26 |
| | * | Commission Decision of 25 July 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community
  (notified under document number C(2006) 3303)

   (
  1
  ) | 28 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 22 February 2006 relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement (Case COMP/B-2/38.381 — De Beers)
  (notified under document number C(2006) 521)

   (
  1
  )

(notified under document number C(2006) 521)

1

24

*

Commission Decision of 25 July 2006 amending Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC as regards certain protection measures in relation to highly pathogenic avian influenza
  (notified under document number C(2006) 3302)

   (
  1
  )

(notified under document number C(2006) 3302)

1

26

*

Commission Decision of 25 July 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community
  (notified under document number C(2006) 3303)

   (
  1
  )

(notified under document number C(2006) 3303)

1

28

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Joint Action 2006/523/CFSP of 25 July 2006 amending the mandate of the European Union Special Representative in Bosnia and Herzegovina | 30 |

Acts adopted under Title V of the Treaty on European Union

*

Council Joint Action 2006/523/CFSP of 25 July 2006 amending the mandate of the European Union Special Representative in Bosnia and Herzegovina

30

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 27.7.2006 | EN | Official Journal of the European Union | L 205/1 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/1

---

COUNCIL REGULATION (EC) No 1136/2006

of 24 July 2006

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People's Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

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) | On 28 January 2006 the Commission imposed, by Regulation (EC) No 134/2006 (2) (‘the provisional Regulation’), a provisional anti-dumping duty on imports into the Community of lever arch mechanisms originating in the People's Republic of China (‘PRC’). |
| --- | --- |

(1)

On 28 January 2006 the Commission imposed, by Regulation (EC) No 134/2006 (2) (‘the provisional Regulation’), a provisional anti-dumping duty on imports into the Community of lever arch mechanisms originating in the People's Republic of China (‘PRC’).

2

| (2) | It is recalled that the investigation period of dumping and injury (‘IP’) covered the period from 1 January 2004 to 31 December 2004. The examination of trends relevant for the injury analysis covered the period from 1 January 2001 to the end of the IP (‘period considered’). |
| --- | --- |

(2)

It is recalled that the investigation period of dumping and injury (‘IP’) covered the period from 1 January 2004 to 31 December 2004. The examination of trends relevant for the injury analysis covered the period from 1 January 2001 to the end of the IP (‘period considered’).

1.2.   Subsequent procedure

| (3) | Following the imposition of the provisional anti-dumping duty on imports of lever arch mechanisms from the PRC, some interested parties submitted comments in writing. The parties, who so requested, were also granted an opportunity to be heard orally. |
| --- | --- |

(3)

Following the imposition of the provisional anti-dumping duty on imports of lever arch mechanisms from the PRC, some interested parties submitted comments in writing. The parties, who so requested, were also granted an opportunity to be heard orally.

| (4) | The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly. |
| --- | --- |

(4)

The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly.

2.   PRODUCT CONCERNED AND LIKE PRODUCT

| (5) | It is recalled that, in recital (12) of the provisional Regulation, the product concerned was defined as lever arch mechanisms (‘LAM’) generally used for archiving sheets and other documents in binders or files. They consist of arched sturdy metal elements (normally two) on a back plate and having at least one opening trigger that permits inserting and filing of sheets and other documents, originating in the PRC (‘the product concerned’), normally falling within CN code ex 8305 10 00. |
| --- | --- |

(5)

It is recalled that, in recital (12) of the provisional Regulation, the product concerned was defined as lever arch mechanisms (‘LAM’) generally used for archiving sheets and other documents in binders or files. They consist of arched sturdy metal elements (normally two) on a back plate and having at least one opening trigger that permits inserting and filing of sheets and other documents, originating in the PRC (‘the product concerned’), normally falling within CN code ex 8305 10 00.

| (6) | One interested party claimed that one specific type of LAM should be excluded from the definition of the product concerned because (i) that type is produced under a patented design owned by the interested party and is not available from any other manufacturer, (ii) there is an exclusive supply contract with a Chinese producer, (iii) the type is exclusively used in premium special lever arch files (‘LAF’) with a superior quality and design compared to standard LAM and is therefore not competing with the segment of standard LAM, and (iv) this type is not economically substitutable with standard LAM in view of its much higher cost of production. |
| --- | --- |

(6)

One interested party claimed that one specific type of LAM should be excluded from the definition of the product concerned because (i) that type is produced under a patented design owned by the interested party and is not available from any other manufacturer, (ii) there is an exclusive supply contract with a Chinese producer, (iii) the type is exclusively used in premium special lever arch files (‘LAF’) with a superior quality and design compared to standard LAM and is therefore not competing with the segment of standard LAM, and (iv) this type is not economically substitutable with standard LAM in view of its much higher cost of production.

| (7) | However, another interested party claimed that all LAM have the same characteristics, end uses and channels of distribution. Moreover, it stated that the manufacturing processes and costs are irrelevant for the determination of the product concerned. It also stated that any preferential treatment of one type of LAM used by only one LAF producer would cause a serious distortion not only on the Community LAM market itself, but also on the Community market for LAF. |
| --- | --- |

(7)

However, another interested party claimed that all LAM have the same characteristics, end uses and channels of distribution. Moreover, it stated that the manufacturing processes and costs are irrelevant for the determination of the product concerned. It also stated that any preferential treatment of one type of LAM used by only one LAF producer would cause a serious distortion not only on the Community LAM market itself, but also on the Community market for LAF.

| (8) | It is considered that a patented design or an exclusive contract between an exporting producer and a European user for a certain type of product does not, as such, justify the exclusion of this type from the definition of the product concerned or the like product. A LAM with all its characteristics remains the product concerned irrespective of whether it is patented or purchased via an exclusive contract. It should also be noted that manufacturing processes, production costs and quality differences are not, as such, relevant for the determination of the like product. |
| --- | --- |

(8)

It is considered that a patented design or an exclusive contract between an exporting producer and a European user for a certain type of product does not, as such, justify the exclusion of this type from the definition of the product concerned or the like product. A LAM with all its characteristics remains the product concerned irrespective of whether it is patented or purchased via an exclusive contract. It should also be noted that manufacturing processes, production costs and quality differences are not, as such, relevant for the determination of the like product.

| (9) | The investigation confirmed that all product types including the specific type of LAM which was claimed for exclusion in recital (6) above share the same technical and physical product characteristics and uses and that the LAM market does not distinguish amongst clear market segments. All LAM, are thus substitutable and are in competition with each other on the Community market. Therefore, all types of LAM fall under the definition of the product concerned and the like product. Consequently, the claim set out in recital (6) above had to be rejected. |
| --- | --- |

(9)

The investigation confirmed that all product types including the specific type of LAM which was claimed for exclusion in recital (6) above share the same technical and physical product characteristics and uses and that the LAM market does not distinguish amongst clear market segments. All LAM, are thus substitutable and are in competition with each other on the Community market. Therefore, all types of LAM fall under the definition of the product concerned and the like product. Consequently, the claim set out in recital (6) above had to be rejected.

| (10) | In view of the above, the findings made in recital (11) to (16) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(10)

In view of the above, the findings made in recital (11) to (16) of the provisional Regulation are hereby confirmed.

3.   DUMPING

3.1.   General methodology

| (11) | The general methodology used to establish dumping of the imports of LAM into the Community market was described in the provisional Regulation in recitals (17) to (50). The general methodology as set out in the provisional Regulation is hereby confirmed, with due consideration being taken of the amendments mentioned below. |
| --- | --- |

(11)

The general methodology used to establish dumping of the imports of LAM into the Community market was described in the provisional Regulation in recitals (17) to (50). The general methodology as set out in the provisional Regulation is hereby confirmed, with due consideration being taken of the amendments mentioned below.

3.2.   Market Economy Treatment (‘MET’)

| (12) | One of the companies granted IT claimed that it should have been granted MET and that its situation especially with regard to criteria two (accounting and auditing) and three (distortion carried-over from the former non-market economy system) has not properly been assessed during the investigation. The company, however, did not provide any new evidence in support of its claim. |
| --- | --- |

(12)

One of the companies granted IT claimed that it should have been granted MET and that its situation especially with regard to criteria two (accounting and auditing) and three (distortion carried-over from the former non-market economy system) has not properly been assessed during the investigation. The company, however, did not provide any new evidence in support of its claim.

| (13) | In the absence of new facts and other comments, the findings concerning MET as set out in recitals (17) to (25) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(13)

In the absence of new facts and other comments, the findings concerning MET as set out in recitals (17) to (25) of the provisional Regulation are hereby confirmed.

3.3.   Individual treatment (‘IT’)

| (14) | The findings in recital (29) of the provisional Regulation with regard to the first company granted IT, i.e. Dongguan Nanzha Leco Stationery are hereby confirmed. |
| --- | --- |

(14)

The findings in recital (29) of the provisional Regulation with regard to the first company granted IT, i.e. Dongguan Nanzha Leco Stationery are hereby confirmed.

| (15) | As mentioned in recital (30) of the provisional Regulation, the other company which had been granted IT had subsequently been excluded from the investigation because of non-cooperation. In the absence of any reaction from the company, the finding as set out in recital (30) of the provisional Regulation is hereby confirmed. |
| --- | --- |

(15)

As mentioned in recital (30) of the provisional Regulation, the other company which had been granted IT had subsequently been excluded from the investigation because of non-cooperation. In the absence of any reaction from the company, the finding as set out in recital (30) of the provisional Regulation is hereby confirmed.

3.4.   Normal value

| (16) | The findings below concern the determination of normal value of all exporting producers not granted MET. |
| --- | --- |

(16)

The findings below concern the determination of normal value of all exporting producers not granted MET.

(a)   Analogue country

| (17) | Following further analysis of all the information available from the producer in Iran, it had to be concluded that the information was incomplete and/or inconsistent and thus could not be used as the basis for the calculation of the normal value at the definitive level. It was therefore resorted to another reasonable basis for the calculation of the normal value in accordance with Article 2(7)(a) of the basic Regulation. |
| --- | --- |

(17)

Following further analysis of all the information available from the producer in Iran, it had to be concluded that the information was incomplete and/or inconsistent and thus could not be used as the basis for the calculation of the normal value at the definitive level. It was therefore resorted to another reasonable basis for the calculation of the normal value in accordance with Article 2(7)(a) of the basic Regulation.

(b)   Determination of normal value

| (18) | Due to lack of information from other third countries where LAM are produced, it was considered that the data available from the complaint and from the Community industry constituted the most reasonable basis to establish normal value at the definitive level. Adjustments were made to reflect specific verified data obtained during the investigation, in particular concerning prices of raw materials and freight. |
| --- | --- |

(18)

Due to lack of information from other third countries where LAM are produced, it was considered that the data available from the complaint and from the Community industry constituted the most reasonable basis to establish normal value at the definitive level. Adjustments were made to reflect specific verified data obtained during the investigation, in particular concerning prices of raw materials and freight.

3.5.   Export price

| (19) | The exporting producer granted IT claimed that errors were made in the level of SG&A and profit calculated for a related importer and that there was double counting of the SG&A applied to establish the ex-works export price. In addition, this exporter claimed that the SG&A figures and profits from the related companies should be revised following new calculations provided by the company after the on-site visits. |
| --- | --- |

(19)

The exporting producer granted IT claimed that errors were made in the level of SG&A and profit calculated for a related importer and that there was double counting of the SG&A applied to establish the ex-works export price. In addition, this exporter claimed that the SG&A figures and profits from the related companies should be revised following new calculations provided by the company after the on-site visits.

| (20) | The examination of the above claims confirmed that a clerical error occurred in the SG&A calculation. This error has been corrected accordingly. However, the new data provided by the company had to be rejected because they could not be verified any longer during the investigation. |
| --- | --- |

(20)

The examination of the above claims confirmed that a clerical error occurred in the SG&A calculation. This error has been corrected accordingly. However, the new data provided by the company had to be rejected because they could not be verified any longer during the investigation.

| (21) | The general methodology as set out in recitals (41) and (42) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(21)

The general methodology as set out in recitals (41) and (42) of the provisional Regulation are hereby confirmed.

3.6.   Comparison

| (22) | The normal value established as described in recitals (16) to (18) above and the export prices, revised as explained in recitals (19) to (21), were compared on an ex-factory basis and at the same level of trade. In order to ensure a fair comparison between normal value and export price, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. The factors for which adjustments were accepted are commissions, transport, insurance, handling, loading costs, ancillary costs, and credit costs. |
| --- | --- |

(22)

The normal value established as described in recitals (16) to (18) above and the export prices, revised as explained in recitals (19) to (21), were compared on an ex-factory basis and at the same level of trade. In order to ensure a fair comparison between normal value and export price, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. The factors for which adjustments were accepted are commissions, transport, insurance, handling, loading costs, ancillary costs, and credit costs.

3.7.   Dumping margin

| (23) | Following the adjustments to normal value and to export price, the definitive dumping margin expressed as a percentage of the CIF import price at the Community border, duty unpaid, applicable to the exporter granted IT, should be as follows:






  Company | Definitive dumping margin |
| --- | --- | --- |
| Dongguan Nanzha Leco Stationery | 27,1  % |

(23)

Following the adjustments to normal value and to export price, the definitive dumping margin expressed as a percentage of the CIF import price at the Community border, duty unpaid, applicable to the exporter granted IT, should be as follows:

Company

Definitive dumping margin

Dongguan Nanzha Leco Stationery

27,1  %

| (24) | Following provisional disclosure, no comments were received concerning the methodology for calculating the dumping margin for all other exporting producers. However, the adjustments made to normal value led to an amended definitive dumping margin of 47,4 % of the CIF Community frontier price for all other exporting producers. |
| --- | --- |

(24)

Following provisional disclosure, no comments were received concerning the methodology for calculating the dumping margin for all other exporting producers. However, the adjustments made to normal value led to an amended definitive dumping margin of 47,4 % of the CIF Community frontier price for all other exporting producers.

4.   INJURY

4.1.   Community production

| (25) | Some interested parties claimed that one producer provisionally included in the definition of the Community production and Community industry should be excluded because of an alleged relationship with a Chinese exporting producer and because of large imports of Chinese LAM, in particular during the IP. Hence, they claimed that the company should be excluded both from Community production and for the purpose of assessing injury. |
| --- | --- |

(25)

Some interested parties claimed that one producer provisionally included in the definition of the Community production and Community industry should be excluded because of an alleged relationship with a Chinese exporting producer and because of large imports of Chinese LAM, in particular during the IP. Hence, they claimed that the company should be excluded both from Community production and for the purpose of assessing injury.

| (26) | It is recalled that the situation of the said producer was described in detail in recitals (55) to (57) of the provisional Regulation. When examining again its situation in the light of the provisions of Article 4 of the basic Regulation, it has to be recalled that the producer did not behave differently from other complainant non-related Community producers. Moreover, it was found that the Community producer was not in a position neither legally nor operationally to control the exporting producer from whom it imported. The claim was therefore rejected. |
| --- | --- |

(26)

It is recalled that the situation of the said producer was described in detail in recitals (55) to (57) of the provisional Regulation. When examining again its situation in the light of the provisions of Article 4 of the basic Regulation, it has to be recalled that the producer did not behave differently from other complainant non-related Community producers. Moreover, it was found that the Community producer was not in a position neither legally nor operationally to control the exporting producer from whom it imported. The claim was therefore rejected.

| (27) | In the absence of any new comments concerning the Community production, the provisional findings concerning the total Community production as set out in recitals (51)-(58) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(27)

In the absence of any new comments concerning the Community production, the provisional findings concerning the total Community production as set out in recitals (51)-(58) of the provisional Regulation are hereby confirmed.

4.2.   Definition of the Community industry

| (28) | One interested party argued that another Community producer should be excluded from the definition of the Community industry. Firstly, because the producer allegedly sells large quantities of LAM to related customers and is also using LAM for captive use. Secondly, because the said producer did not fully cooperate in the investigation, in particular, it did not submit a complete file accessible to all interested parties within the deadline. |
| --- | --- |

(28)

One interested party argued that another Community producer should be excluded from the definition of the Community industry. Firstly, because the producer allegedly sells large quantities of LAM to related customers and is also using LAM for captive use. Secondly, because the said producer did not fully cooperate in the investigation, in particular, it did not submit a complete file accessible to all interested parties within the deadline.

| (29) | After having analysed this claim, it was confirmed that the cooperation of the said producer in the investigation was not sufficient. This producer should hence be excluded from the definition of the Community industry and its output should also be excluded from the Community production. |
| --- | --- |

(29)

After having analysed this claim, it was confirmed that the cooperation of the said producer in the investigation was not sufficient. This producer should hence be excluded from the definition of the Community industry and its output should also be excluded from the Community production.

| (30) | The production of the four remaining Community producers which cooperated fully in the investigation and supported the complaint was established at around 205 million units of LAM during the IP. |
| --- | --- |

(30)

The production of the four remaining Community producers which cooperated fully in the investigation and supported the complaint was established at around 205 million units of LAM during the IP.

| (31) | The above four Community producers represent around 75 % of the total Community production. Hence, these companies are sufficiently representative to constitute the Community industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation. |
| --- | --- |

(31)

The above four Community producers represent around 75 % of the total Community production. Hence, these companies are sufficiently representative to constitute the Community industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation.

| (32) | In this Regulation the absolute figures in the tables below could not always be provided. These data cannot be disclosed because one Community producer was excluded between the provisional and the definitive stage, hence its data could be derived by comparison. |
| --- | --- |

(32)

In this Regulation the absolute figures in the tables below could not always be provided. These data cannot be disclosed because one Community producer was excluded between the provisional and the definitive stage, hence its data could be derived by comparison.

4.3.   Community consumption

| (33) | Some interested parties alleged that the volume of Community consumption was wrongly calculated. In particular, they addressed the issue that the data concerning the imports from the country concerned was based on the complaint. They claimed that the parties that participated in the investigation, in particular LAF producers and LAM importers provided the Commission with more reliable data to establish consumption. |
| --- | --- |

(33)

Some interested parties alleged that the volume of Community consumption was wrongly calculated. In particular, they addressed the issue that the data concerning the imports from the country concerned was based on the complaint. They claimed that the parties that participated in the investigation, in particular LAF producers and LAM importers provided the Commission with more reliable data to establish consumption.

| (34) | The volume of consumption was thus recalculated on the basis of data provided by cooperating parties in the investigation. The figures shown in the table below are based on the European producers' verified sales, the imports from the PRC and on other sources made available by those users and importers which participated in the investigation. Given the high cooperation of Community producers, importers and users, these data are considered the most reliable, even though it cannot be excluded that a small number of other users/importers exist and therefore the imports are slightly underestimated.
  Table 1









  Consumption volume (million pieces) | 2001 | 2002 | 2003 | 2004 (IP) |
| --- | --- | --- | --- | --- | --- |
| European Community | 271 | 313 | 327 | 381 |
| Index | 100 | 116 | 121 | 141 |

(34)

The volume of consumption was thus recalculated on the basis of data provided by cooperating parties in the investigation. The figures shown in the table below are based on the European producers' verified sales, the imports from the PRC and on other sources made available by those users and importers which participated in the investigation. Given the high cooperation of Community producers, importers and users, these data are considered the most reliable, even though it cannot be excluded that a small number of other users/importers exist and therefore the imports are slightly underestimated.

Table 1

Consumption volume (million pieces)

2001

2002

2003

2004 (IP)

European Community

271

313

327

381

Index

100

116

121

141

| (35) | A comparison shows that the trends in consumption volume are similar to the one described in the recital (63) of the provisional Regulation, but they indeed appear to be more accurate. In particular, it appears that the major increase in consumption occurred between 2003 and the IP, amounting to 17 %. During the same period the Community industry only increased its sales volume by 3 % (cf. Table 6) and that imports from the PRC significantly increased by 28 % or by more than 42 million pieces (cf. Table 2). |
| --- | --- |

(35)

A comparison shows that the trends in consumption volume are similar to the one described in the recital (63) of the provisional Regulation, but they indeed appear to be more accurate. In particular, it appears that the major increase in consumption occurred between 2003 and the IP, amounting to 17 %. During the same period the Community industry only increased its sales volume by 3 % (cf. Table 6) and that imports from the PRC significantly increased by 28 % or by more than 42 million pieces (cf. Table 2).

4.4.   Imports into the Community from the PRC and market share

| (36) | Based on the claim made in recital (33) above, the import volume of LAM originating in the PRC was also revised. Trends relatively similar to those found in recital (65) of the provisional Regulation were observed. These trends are illustrated in table 2 below.
  Table 2









  Import volumes (million pieces) | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| PRC | 98,47 | 135,38 | 152,73 | 195,59 |
| Index | 100 | 137 | 155 | 199 |

(36)

Based on the claim made in recital (33) above, the import volume of LAM originating in the PRC was also revised. Trends relatively similar to those found in recital (65) of the provisional Regulation were observed. These trends are illustrated in table 2 below.

Table 2

Import volumes (million pieces)

2001

2002

2003

IP

PRC

98,47

135,38

152,73

195,59

Index

Index

100

100

137

137

155

155

199

199

| (37) | The major difference in comparison to the import volumes established in the provisional Regulation was found for 2001 where the proposed method shows that imports of Chinese LAM were below 100 million pieces. However, it should be underlined that there exist other importers and users which imported LAM on the Community market but did not provide any input in the investigation; hence as stated in recital (34) it cannot be excluded that the import data are slightly underestimated. |
| --- | --- |

(37)

The major difference in comparison to the import volumes established in the provisional Regulation was found for 2001 where the proposed method shows that imports of Chinese LAM were below 100 million pieces. However, it should be underlined that there exist other importers and users which imported LAM on the Community market but did not provide any input in the investigation; hence as stated in recital (34) it cannot be excluded that the import data are slightly underestimated.

| (38) | In any event, the said parties claimed that the revised figures of consumption and imports would show that market share of the Chinese imports remained relatively stable since 2002. The development of market share based on revised data is as follows:
  Table 3









  Market shares of the imports | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| PRC | 36  % | 43  % | 47  % | 51  % |
| Index | 100 | 119 | 128 | 141 |

(38)

In any event, the said parties claimed that the revised figures of consumption and imports would show that market share of the Chinese imports remained relatively stable since 2002. The development of market share based on revised data is as follows:

Table 3

Market shares of the imports

2001

2002

2003

IP

PRC

36  %

43  %

47  %

51  %

Index

Index

100

100

119

119

128

128

141

141

| (39) | The revised data on market share indicates that Chinese imports consistently increased their presence on the Community market during the period considered: by 7 percentage points in 2002, by 4 percentage points in 2003 and again by 4 percentage points during the IP. These trends are similar to those observed in recital (65) of the provisional Regulation. |
| --- | --- |

(39)

The revised data on market share indicates that Chinese imports consistently increased their presence on the Community market during the period considered: by 7 percentage points in 2002, by 4 percentage points in 2003 and again by 4 percentage points during the IP. These trends are similar to those observed in recital (65) of the provisional Regulation.

| (40) | To sum up, the data provided by parties show that consumption of LAM in the Community significantly increased by 41 %, or by 110 million units during the period considered. In the meantime, the imports from the PRC have significantly and consistently grown, well above the growth in consumption. The revised data show an increase by more than 97 million pieces and a market share increasing from 36 % to 51 %. |
| --- | --- |

(40)

To sum up, the data provided by parties show that consumption of LAM in the Community significantly increased by 41 %, or by 110 million units during the period considered. In the meantime, the imports from the PRC have significantly and consistently grown, well above the growth in consumption. The revised data show an increase by more than 97 million pieces and a market share increasing from 36 % to 51 %.

| (41) | Although some calculations concerning imports were revised, the findings and conclusions made in recital (66) of the provisional Regulation, in particular those regarding trends between 2002 and the IP, are not contradicted by the above analysis and can therefore be confirmed. |
| --- | --- |

(41)

Although some calculations concerning imports were revised, the findings and conclusions made in recital (66) of the provisional Regulation, in particular those regarding trends between 2002 and the IP, are not contradicted by the above analysis and can therefore be confirmed.

4.5.   Prices of imports and undercutting

| (42) | Following the claims received by interested parties, the data available on import prices was also re-examined. However, it was found that the parties that participated in the investigation could not provide complete, reliable and consistent data on prices and value of the imports from the PRC. Only partial information was available and this information was based on different sales conditions. These partial data could therefore not be used to reliably establish the import value and CIF prices of Chinese imports. Hence, the data available in table 3 of the provisional Regulation, which was based on Eurostat prices, is hereby confirmed. |
| --- | --- |

(42)

Following the claims received by interested parties, the data available on import prices was also re-examined. However, it was found that the parties that participated in the investigation could not provide complete, reliable and consistent data on prices and value of the imports from the PRC. Only partial information was available and this information was based on different sales conditions. These partial data could therefore not be used to reliably establish the import value and CIF prices of Chinese imports. Hence, the data available in table 3 of the provisional Regulation, which was based on Eurostat prices, is hereby confirmed.

| (43) | Following the change in composition of the Community industry as outlined in recital (29) above, undercutting by all Chinese exporting producers of LAM was recalculated. The undercutting margin established in recital (69) of the provisional Regulation needs to be revised upwards to 38 % when expressed as a percentage of the Community industry price. |
| --- | --- |

(43)

Following the change in composition of the Community industry as outlined in recital (29) above, undercutting by all Chinese exporting producers of LAM was recalculated. The undercutting margin established in recital (69) of the provisional Regulation needs to be revised upwards to 38 % when expressed as a percentage of the Community industry price.

| (44) | On that basis, the methodology and the conclusions reached under recitals (67) to (69) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(44)

On that basis, the methodology and the conclusions reached under recitals (67) to (69) of the provisional Regulation are hereby confirmed.

4.6.   Economic situation of the Community industry

| (45) | Following the change in composition of the Community industry as discussed in recital (29), the examination of the impact of the dumped imports on the newly defined Community industry was conducted according to the methodology as outlined in recital (70) of the provisional Regulation. |
| --- | --- |

(45)

Following the change in composition of the Community industry as discussed in recital (29), the examination of the impact of the dumped imports on the newly defined Community industry was conducted according to the methodology as outlined in recital (70) of the provisional Regulation.

| (46) | The conclusions drawn below are based on the aggregated and verified Community industry data for the four remaining cooperating Community producers. Due to the exclusion of one Community producer and the fact that in the provisional Regulation, data from five producers were included in the injury assessment, the confidential data of the excluded Community producer could be derived by comparing the data of the provisional Regulation with the data in the definitive Regulation. Hence, at this stage the verified data are provided in an indexed format. It should, however, be noted that the injury indicators for the four remaining cooperating Community producers are not substantially different as compared to those established previously in the provisional Regulation for the five producers. |
| --- | --- |

(46)

The conclusions drawn below are based on the aggregated and verified Community industry data for the four remaining cooperating Community producers. Due to the exclusion of one Community producer and the fact that in the provisional Regulation, data from five producers were included in the injury assessment, the confidential data of the excluded Community producer could be derived by comparing the data of the provisional Regulation with the data in the definitive Regulation. Hence, at this stage the verified data are provided in an indexed format. It should, however, be noted that the injury indicators for the four remaining cooperating Community producers are not substantially different as compared to those established previously in the provisional Regulation for the five producers.

4.7.   Production capacity

| (47) | Some interested parties argued and substantiated that the calculation of the production capacity in the provisional Regulation did not reflect the reality. It was stated that the production capacity should take the factual market position of each producer included in the Community industry and its real production possibility into account. This claim was accepted given that the Community industry is composed only of small and medium sized enterprises, some of them are even family businesses, which usually operate only five working days a week. |
| --- | --- |

(47)

Some interested parties argued and substantiated that the calculation of the production capacity in the provisional Regulation did not reflect the reality. It was stated that the production capacity should take the factual market position of each producer included in the Community industry and its real production possibility into account. This claim was accepted given that the Community industry is composed only of small and medium sized enterprises, some of them are even family businesses, which usually operate only five working days a week.

| (48) | Based on the above comments, a new estimation regarding the production capacity is presented below. Adjustments have been made to establish production capacity on the basis of the five working days time-schedule, instead of seven days as done originally.
  Table 4









  Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index production (2001=100) | 100 | 96 | 97 | 98 |
| Index production capacity | 100 | 95 | 105 | 106 |
| Index capacity utilisation | 100 | 102 | 92 | 92 |

(48)

Based on the above comments, a new estimation regarding the production capacity is presented below. Adjustments have been made to establish production capacity on the basis of the five working days time-schedule, instead of seven days as done originally.

Table 4

Indices 2001 = 100

2001

2002

2003

IP

Index production (2001=100)

100

96

97

98

Index production capacity

100

95

105

106

Index capacity utilisation

100

102

92

92

| (49) | As outlined above, the change in the composition of the Community industry in recital (29) did not affect the conclusions drawn in recital (73) of the provisional Regulation. |
| --- | --- |

(49)

As outlined above, the change in the composition of the Community industry in recital (29) did not affect the conclusions drawn in recital (73) of the provisional Regulation.

4.8.   Stocks

| (50) | The figures below represent the volume of stocks at the end of each period.
  Table 5









  Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index stocks | 100 | 51 | 95 | 131 |

(50)

The figures below represent the volume of stocks at the end of each period.

Table 5

Indices 2001 = 100

2001

2002

2003

IP

Index stocks

100

51

95

131

| (51) | However, as already explained in recital (75) of the provisional Regulation, it is considered that stocks held by the Community industry are not a relevant indicator for the assessment of the economic situation of the Community industry. |
| --- | --- |

(51)

However, as already explained in recital (75) of the provisional Regulation, it is considered that stocks held by the Community industry are not a relevant indicator for the assessment of the economic situation of the Community industry.

4.9.   Sales volume, market shares, average unit prices in the Community and growth

| (52) | The figures below represent the Community industry's sales volume to independent customers on the Community market.
  Table 6









  Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index Sales Volume | 100 | 103 | 103 | 106 |
| Index Market Share | 100 | 89 | 85 | 75 |
| Index Average sales prices (EURO/thousand pieces) | 100 | 93 | 90 | 86 |

(52)

The figures below represent the Community industry's sales volume to independent customers on the Community market.

Table 6

Indices 2001 = 100

2001

2002

2003

IP

Index Sales Volume

100

103

103

106

Index Market Share

100

89

85

75

Index Average sales prices (EURO/thousand pieces)

100

93

90

86

| (53) | The analysis of the revised data confirms the conclusions in recitals (77) to (80) of the provisional Regulation. It shows that the Community industry could slightly raise its sales volume during the period considered by 6 %. In the same period the Community consumption grew by 41 %, or by 110 million pieces as outlined in the table 1 above. |
| --- | --- |

(53)

The analysis of the revised data confirms the conclusions in recitals (77) to (80) of the provisional Regulation. It shows that the Community industry could slightly raise its sales volume during the period considered by 6 %. In the same period the Community consumption grew by 41 %, or by 110 million pieces as outlined in the table 1 above.

| (54) | The Community industry also suffered from significantly dropping average sales prices (by 14 %), while more low-priced dumped imports were penetrating the Community market. Their market share decreased as well. |
| --- | --- |

(54)

The Community industry also suffered from significantly dropping average sales prices (by 14 %), while more low-priced dumped imports were penetrating the Community market. Their market share decreased as well.

4.10.   Profitability

| (55) | The profitability margins shown below are established as outlined in recital (81) of the provisional Regulation. The margins changed only slightly for the IP:
  Table 7









  Profitability on Community Sales (RoT) | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index Profitability on EC sales | | –4  % | –6  % | –14  % |

(55)

The profitability margins shown below are established as outlined in recital (81) of the provisional Regulation. The margins changed only slightly for the IP:

Table 7

Profitability on Community Sales (RoT)

2001

2002

2003

IP

Index Profitability on EC sales

–4  %

–6  %

–14  %

| (56) | Profitability was negative throughout the period considered. The conclusions as contained in recital (82) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(56)

Profitability was negative throughout the period considered. The conclusions as contained in recital (82) of the provisional Regulation are hereby confirmed.

4.11.   Return on investments, cash flow, investments and ability to raise capital

| (57) | The revised trends for the return on investments, cash flow and investments are shown in the following table.
  Table 8









  Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index Return on Investments (total companies) | 100 | – 191 | –45 | – 364 |
| Index Cash Flow (total companies) | 100 | 39 | 56 | –79 |
| Index Investments (product concerned) in EUR | 100 | 136 | 130 | 105 |

(57)

The revised trends for the return on investments, cash flow and investments are shown in the following table.

Table 8

Indices 2001 = 100

2001

2002

2003

IP

Index Return on Investments (total companies)

100

– 191

–45

– 364

Index Cash Flow (total companies)

100

39

56

–79

Index Investments (product concerned) in EUR

100

136

130

105

| (58) | As already outlined in recitals (84) to (86) of the provisional Regulation, the decreasing trend of the Community industry's sales prices significantly affected its profitability. Accordingly, this had a negative impact on the injury indicators linked to the profitability level. It can be noted that the above negative trends observed for return on investments and cash flow reflect to a large extent those on profitability shown in Table 7 above. |
| --- | --- |

(58)

As already outlined in recitals (84) to (86) of the provisional Regulation, the decreasing trend of the Community industry's sales prices significantly affected its profitability. Accordingly, this had a negative impact on the injury indicators linked to the profitability level. It can be noted that the above negative trends observed for return on investments and cash flow reflect to a large extent those on profitability shown in Table 7 above.

| (59) | The Community industry increased its investments by 5 % only. It can also be seen that the investments diminished significantly in the period between 2003 and the IP. |
| --- | --- |

(59)

The Community industry increased its investments by 5 % only. It can also be seen that the investments diminished significantly in the period between 2003 and the IP.

| (60) | As far as the ability to raise capital is concerned, the findings set out in recital (86) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(60)

As far as the ability to raise capital is concerned, the findings set out in recital (86) of the provisional Regulation are hereby confirmed.

4.12.   Employment, productivity and wages

Table 9

| Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- |
| Index Number of employees | 100 | 97 | 94 | 90 |
| Index Productivity (thousand units/employee) | 100 | 99 | 104 | 108 |
| Index Wages (average per employee, per annum in EUR) | 100 | 100 | 97 | 100 |

Indices 2001 = 100

2001

2002

2003

IP

Index Number of employees

100

97

94

90

Index Productivity (thousand units/employee)

100

99

104

108

Index Wages (average per employee, per annum in EUR)

100

100

97

100

| (61) | It is shown that also these indicators, with the new composition of the Community industry, confirm the conclusions as contained in recitals (87) and (88) of the provisional Regulation. |
| --- | --- |

(61)

It is shown that also these indicators, with the new composition of the Community industry, confirm the conclusions as contained in recitals (87) and (88) of the provisional Regulation.

4.13.   Magnitude of the actual margin of dumping

| (62) | In the absence of any comments regarding the magnitude of the actual margin of dumping, recital (89) of the provisional Regulation is herby confirmed. |
| --- | --- |

(62)

In the absence of any comments regarding the magnitude of the actual margin of dumping, recital (89) of the provisional Regulation is herby confirmed.

4.14.   Effects of past dumping or subsidization

| (63) | As outlined in the recital (90) of the provisional Regulation, the Community industry is not recovering from the effects of past dumping or subsidisation. |
| --- | --- |

(63)

As outlined in the recital (90) of the provisional Regulation, the Community industry is not recovering from the effects of past dumping or subsidisation.

4.15.   Conclusion on injury

| (64) | The investigation showed that imports from the PRC had significantly increased both in absolute and relative terms during the period considered. The revised import data show that the volume imported increased by 97 million pieces and that the gain in market share was as high as 15 percentage points over that period. Following the revised calculations, as outlined in recital (43) above, the prices of LAM imported from the PRC were undercutting Community industry's prices by 38 %. |
| --- | --- |

(64)

The investigation showed that imports from the PRC had significantly increased both in absolute and relative terms during the period considered. The revised import data show that the volume imported increased by 97 million pieces and that the gain in market share was as high as 15 percentage points over that period. Following the revised calculations, as outlined in recital (43) above, the prices of LAM imported from the PRC were undercutting Community industry's prices by 38 %.

| (65) | During the period considered, in view of the significant increase in consumption to which it could not participate, the Community industry sales volumes increased by 6 %, but it suffered a significant loss in market shares. Faced with low priced dumped imports it also suffered from an average price decrease of 14 %. The analysis of the evolution of certain other injury indicators, such as cash flow and return on investments also confirms the trends presented in recital (92) of the provisional Regulation. |
| --- | --- |

(65)

During the period considered, in view of the significant increase in consumption to which it could not participate, the Community industry sales volumes increased by 6 %, but it suffered a significant loss in market shares. Faced with low priced dumped imports it also suffered from an average price decrease of 14 %. The analysis of the evolution of certain other injury indicators, such as cash flow and return on investments also confirms the trends presented in recital (92) of the provisional Regulation.

| (66) | Furthermore, the conclusions contained in recitals (93) to (94) of the provisional Regulation are also confirmed. |
| --- | --- |

(66)

Furthermore, the conclusions contained in recitals (93) to (94) of the provisional Regulation are also confirmed.

| (67) | Based on the above, it is confirmed that the Community industry suffered material injury within the meaning of Article 3 of the basic Regulation. |
| --- | --- |

(67)

Based on the above, it is confirmed that the Community industry suffered material injury within the meaning of Article 3 of the basic Regulation.

5.   CAUSATION

5.1.   Effect of imports from the PRC

| (68) | As mentioned in table 2 above, the data provided by the cooperating parties showed that during the period considered import volumes from the PRC significantly increased by 99 %, while their market share increased by 15 percentage points. During the same period the import prices of LAM originating in the PRC fell by 11 %, and the overall price undercutting found for all Chinese exporting producers on the Community market during the IP was as high as 38 %. |
| --- | --- |

(68)

As mentioned in table 2 above, the data provided by the cooperating parties showed that during the period considered import volumes from the PRC significantly increased by 99 %, while their market share increased by 15 percentage points. During the same period the import prices of LAM originating in the PRC fell by 11 %, and the overall price undercutting found for all Chinese exporting producers on the Community market during the IP was as high as 38 %.

| (69) | As laid down in recital (97) of the provisional Regulation, the investigation confirmed that there was a coincidence in time between the surge of low-priced and dumped imports and the worsening of the situation of the Community industry. In particular, between 2003 and the IP, the Chinese imports increased by over 42 million pieces while significant price undercutting was found to exist. Hence, Chinese imports gained 4 percentage points of market share. During the same period the Community industry lost 12 % of their market share even though they decreased their prices by around 4 % and managed to increase their sales volume. With due regard to these findings, the conclusions as outlined in recital (97) of the provisional Regulation are confirmed. |
| --- | --- |

(69)

As laid down in recital (97) of the provisional Regulation, the investigation confirmed that there was a coincidence in time between the surge of low-priced and dumped imports and the worsening of the situation of the Community industry. In particular, between 2003 and the IP, the Chinese imports increased by over 42 million pieces while significant price undercutting was found to exist. Hence, Chinese imports gained 4 percentage points of market share. During the same period the Community industry lost 12 % of their market share even though they decreased their prices by around 4 % and managed to increase their sales volume. With due regard to these findings, the conclusions as outlined in recital (97) of the provisional Regulation are confirmed.

| (70) | It is confirmed, as mentioned in recital (98) of the provisional Regulation that Chinese exporters practicing dumping managed to increase their market share and became the major players on the Community market, supplanting the Community industry during the IP. |
| --- | --- |

(70)

It is confirmed, as mentioned in recital (98) of the provisional Regulation that Chinese exporters practicing dumping managed to increase their market share and became the major players on the Community market, supplanting the Community industry during the IP.

5.2.   Effects of imports from third countries

| (71) | Based on the data provided by cooperating parties and as set out in recital (34) above, import volumes from other third countries are as follows:
  Table 10 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Imports other than PRC (million pieces) | 5,63 | 5,31 | 2,53 | 0 |
| Index | 100 | 94 | 45 | — |
| Market share | 2,1  % | 1,7  % | 0,8  % | 0 |

(71)

Based on the data provided by cooperating parties and as set out in recital (34) above, import volumes from other third countries are as follows:

Table 10

2001

2002

2003

IP

Imports other than PRC (million pieces)

5,63

5,31

2,53

0

Index

100

94

45

—

Market share

2,1  %

1,7  %

0,8  %

0

| (72) | Based on the above data, it was concluded that the small quantities of imports from other third countries amounting to around 2 % of the market in 2001 and decreasing to 0 % during the IP, could not have caused the injury suffered by the Community industry. |
| --- | --- |

(72)

Based on the above data, it was concluded that the small quantities of imports from other third countries amounting to around 2 % of the market in 2001 and decreasing to 0 % during the IP, could not have caused the injury suffered by the Community industry.

| (73) | Therefore, the conclusions as contained in recitals (99) to (101) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(73)

Therefore, the conclusions as contained in recitals (99) to (101) of the provisional Regulation are hereby confirmed.

5.3.   Effects of Chinese imports made by the Community industry

| (74) | As no new information was supplied, the conclusion as contained in recitals (102) to (105) of the provisional Regulation is hereby confirmed. |
| --- | --- |

(74)

As no new information was supplied, the conclusion as contained in recitals (102) to (105) of the provisional Regulation is hereby confirmed.

5.4.   Effects of the export performance by the Community industry

| (75) | Given that the definition of the Community industry was revised, the export performance of the Community industry and whether or not the Community industry's export performance of LAM may have been a cause of the injury suffered during the IP were re-examined. The quantities exported by the Community industry are given in the table below:
  Table 11









  Indices 2001 = 100 | 2001 | 2002 | 2003 | IP |
| --- | --- | --- | --- | --- | --- |
| Index Exports | 100 | 66 | 59 | 46 |

(75)

Given that the definition of the Community industry was revised, the export performance of the Community industry and whether or not the Community industry's export performance of LAM may have been a cause of the injury suffered during the IP were re-examined. The quantities exported by the Community industry are given in the table below:

Table 11

Indices 2001 = 100

2001

2002

2003

IP

Index Exports

100

66

59

46

| (76) | This re-examination confirmed that the core market of the Community industry has always been the Community market. Exports outside the Community represented 17 % of total sales in 2001 and only 7 % during the IP. The main decrease in export sales occurred between 2001 and 2002 when export sales decreased by 34 %. Subsequently, exports have consistently decreased until the end of the IP. The information available indicates that this situation is similar to that described in recitals (107) to (109) of the provisional Regulation. |
| --- | --- |

(76)

This re-examination confirmed that the core market of the Community industry has always been the Community market. Exports outside the Community represented 17 % of total sales in 2001 and only 7 % during the IP. The main decrease in export sales occurred between 2001 and 2002 when export sales decreased by 34 %. Subsequently, exports have consistently decreased until the end of the IP. The information available indicates that this situation is similar to that described in recitals (107) to (109) of the provisional Regulation.

| (77) | One party claimed that the loss of sales in export markets suffered by the Community industry during the IP was the reason for the injury it suffered. This party also claimed that in the face of competition in its core market, a healthy industry would be expected to divert its export sales to third countries. However, the investigation showed that the Community industry, when facing injurious dumping in the Community market, was not in a position to compensate for lost sales by expanding exports to third countries. |
| --- | --- |

(77)

One party claimed that the loss of sales in export markets suffered by the Community industry during the IP was the reason for the injury it suffered. This party also claimed that in the face of competition in its core market, a healthy industry would be expected to divert its export sales to third countries. However, the investigation showed that the Community industry, when facing injurious dumping in the Community market, was not in a position to compensate for lost sales by expanding exports to third countries.

| (78) | It should also be pointed out that the Community is the main worldwide market for LAM and its downstream product, i.e. lever arch files (LAF). In addition, the investigation concentrated on the economic situation on the Community industry on the Community market. Accordingly, the analysis made on a number of injury indicators such as sales volume, sales prices and profitability, is based on the situation of the Community industry on the Community market only and is not affected by the export performances. |
| --- | --- |

(78)

It should also be pointed out that the Community is the main worldwide market for LAM and its downstream product, i.e. lever arch files (LAF). In addition, the investigation concentrated on the economic situation on the Community industry on the Community market. Accordingly, the analysis made on a number of injury indicators such as sales volume, sales prices and profitability, is based on the situation of the Community industry on the Community market only and is not affected by the export performances.

| (79) | Furthermore, even if the decrease in export sales volume may have contributed to a certain worsening of some injury indicators such as production and may have affected the situation of the Community industry as a whole it cannot explain the significant decrease in Community industry's prices, the losses in market share and decreased profitability incurred by the Community industry during the IP in relation to LAM sold on the EC market. Therefore, the export performance could not break the causal link between the injury suffered by the Community industry and the dumped imports of LAM originating in the PRC. |
| --- | --- |

(79)

Furthermore, even if the decrease in export sales volume may have contributed to a certain worsening of some injury indicators such as production and may have affected the situation of the Community industry as a whole it cannot explain the significant decrease in Community industry's prices, the losses in market share and decreased profitability incurred by the Community industry during the IP in relation to LAM sold on the EC market. Therefore, the export performance could not break the causal link between the injury suffered by the Community industry and the dumped imports of LAM originating in the PRC.

| (80) | The conclusion as contained in recital (110) of the provisional Regulation is therefore confirmed. |
| --- | --- |

(80)

The conclusion as contained in recital (110) of the provisional Regulation is therefore confirmed.

5.5.   Exchange rate

| (81) | Some interested parties indicated that the exchange rate variation EUR/USD which amounted to around 40 % between 2001 and 2004 was the main cause of any injurious situation suffered by the Community industry. It was alleged that the fluctuation in the exchange rate was one of the main drivers of the users' sourcing selection between the Community and the PRC producers. It was also claimed that Chinese exporters generally invoice their sales to EU-based customers in USD or, if invoiced in EUR, the price is linked to the EUR/USD exchange rate usually agreed at the time of the order. This allegedly had the effect of off-setting the increases in USD prices that were charged by Chinese exporters in that period. Hence, any finding of injury was claimed to be unrelated to any alleged dumping from the PRC. |
| --- | --- |

(81)

Some interested parties indicated that the exchange rate variation EUR/USD which amounted to around 40 % between 2001 and 2004 was the main cause of any injurious situation suffered by the Community industry. It was alleged that the fluctuation in the exchange rate was one of the main drivers of the users' sourcing selection between the Community and the PRC producers. It was also claimed that Chinese exporters generally invoice their sales to EU-based customers in USD or, if invoiced in EUR, the price is linked to the EUR/USD exchange rate usually agreed at the time of the order. This allegedly had the effect of off-setting the increases in USD prices that were charged by Chinese exporters in that period. Hence, any finding of injury was claimed to be unrelated to any alleged dumping from the PRC.

| (82) | It is confirmed that the exchange rate variation between the EUR and the USD was significant during the period considered. Between 2003 and the IP, however, the fluctuation was found to be limited to 10 %. In any event, it is clear that the exchange rate variation cannot explain the massive dumping margin found in the PRC during the IP because the dumping calculations were not influenced by this variation. |
| --- | --- |

(82)

It is confirmed that the exchange rate variation between the EUR and the USD was significant during the period considered. Between 2003 and the IP, however, the fluctuation was found to be limited to 10 %. In any event, it is clear that the exchange rate variation cannot explain the massive dumping margin found in the PRC during the IP because the dumping calculations were not influenced by this variation.

| (83) | A simulation on the impact of the exchange rate on the sales prices practiced on the Community market indicates that even without currency fluctuations significant undercutting by Chinese exporters would still continue to exist during the IP. More importantly, the alleged effect of fluctuations in the exchange rate cannot be an ‘other factor’ within the meaning of Article 3(7) of the basic Regulation. Indeed, other factors within the meaning of the aforementioned provision only refer to factors other than the dumped imports. However, the applicable exchange rate determines the export price of the dumped imports, i.e. it concerns the dumped imports themselves and not something else which could have injured the Community industry. |
| --- | --- |

(83)

A simulation on the impact of the exchange rate on the sales prices practiced on the Community market indicates that even without currency fluctuations significant undercutting by Chinese exporters would still continue to exist during the IP. More importantly, the alleged effect of fluctuations in the exchange rate cannot be an ‘other factor’ within the meaning of Article 3(7) of the basic Regulation. Indeed, other factors within the meaning of the aforementioned provision only refer to factors other than the dumped imports. However, the applicable exchange rate determines the export price of the dumped imports, i.e. it concerns the dumped imports themselves and not something else which could have injured the Community industry.

| (84) | Based on the above, it is considered that the parties did not provide any evidence demonstrating that the exchange rate fluctuations could break the causal link found between the material injury suffered by the Community industry and the dumped imports. |
| --- | --- |

(84)

Based on the above, it is considered that the parties did not provide any evidence demonstrating that the exchange rate fluctuations could break the causal link found between the material injury suffered by the Community industry and the dumped imports.

5.6.   Steel price increase

| (85) | One user argued that there was a serious steel crisis which caused dramatic price increases of the main raw material used in the production of LAM in the period considered. The user alleged that the steel price increase was as high as 25-40 % in the first quarter of 2004. |
| --- | --- |

(85)

One user argued that there was a serious steel crisis which caused dramatic price increases of the main raw material used in the production of LAM in the period considered. The user alleged that the steel price increase was as high as 25-40 % in the first quarter of 2004.

| (86) | The price increases in the steel sector were indeed worldwide and should have had an impact on all steel users, in particular during the IP. Accordingly, the normal reaction of steel users would have been to reflect cost increases in the sales prices of their downstream products. The data available, however, indicate that overall Chinese export prices increased only by 5 % between 2003 and the IP, i.e. at the time of the steel crisis. This finding points to the fact that despite the steel price increase up to 40 %, Chinese exporting producers did not adjust their export prices and were found to be exporting at low and dumped prices to the Community market during the IP. |
| --- | --- |

(86)

The price increases in the steel sector were indeed worldwide and should have had an impact on all steel users, in particular during the IP. Accordingly, the normal reaction of steel users would have been to reflect cost increases in the sales prices of their downstream products. The data available, however, indicate that overall Chinese export prices increased only by 5 % between 2003 and the IP, i.e. at the time of the steel crisis. This finding points to the fact that despite the steel price increase up to 40 %, Chinese exporting producers did not adjust their export prices and were found to be exporting at low and dumped prices to the Community market during the IP.

| (87) | The investigation showed that the Community industry's raw material costs significantly increased, in particular during the IP, but that it was prevented from adjusting its sales prices because of the significant undercutting practiced by low-priced dumped imports from the PRC on the Community market. |
| --- | --- |

(87)

The investigation showed that the Community industry's raw material costs significantly increased, in particular during the IP, but that it was prevented from adjusting its sales prices because of the significant undercutting practiced by low-priced dumped imports from the PRC on the Community market.

| (88) | It is thereby confirmed that the injury suffered by the Community industry was not to any significant extent caused by the steel price increases. |
| --- | --- |

(88)

It is thereby confirmed that the injury suffered by the Community industry was not to any significant extent caused by the steel price increases.

5.7.   Conclusion on causality

| (89) | Based on the above analysis, the conclusion as contained in recital (111) of the provisional Regulation is hereby confirmed. |
| --- | --- |

(89)

Based on the above analysis, the conclusion as contained in recital (111) of the provisional Regulation is hereby confirmed.

6.   COMMUNITY INTEREST

6.1.   Interest of the Community industry and suppliers

| (90) | In the absence of any information submitted with respect to the interest of the Community industry and suppliers, the findings as set out in recitals (114) to (121) of the provisional Regulation are hereby confirmed. |
| --- | --- |

(90)

In the absence of any information submitted with respect to the interest of the Community industry and suppliers, the findings as set out in recitals (114) to (121) of the provisional Regulation are hereby confirmed.

6.2.   Interest of users and importers

| (91) | It is recalled that replies from eight users and two importers located in the Community market were received, representing 51 % of the total Community consumption. Users are usually importers as well, in the sense that they import LAM and produce lever arch files (LAF), the downstream product. The total business of these parties is significant but the production of LAF only represents 22 % of their overall activity. |
| --- | --- |

(91)

It is recalled that replies from eight users and two importers located in the Community market were received, representing 51 % of the total Community consumption. Users are usually importers as well, in the sense that they import LAM and produce lever arch files (LAF), the downstream product. The total business of these parties is significant but the production of LAF only represents 22 % of their overall activity.

6.2.1.   Shortage of supply

| (92) | Some users reiterated their claim that any anti-dumping measure imposed is causing a shortage of supply in the Community due to insufficient capacities of the Community industry. They argued that the shortfall of European production capacity versus the level of demand was as much as 40-50 %. They argued that they are forced to import and thus to pay significant amounts of duty to keep their level of activity. |
| --- | --- |

(92)

Some users reiterated their claim that any anti-dumping measure imposed is causing a shortage of supply in the Community due to insufficient capacities of the Community industry. They argued that the shortfall of European production capacity versus the level of demand was as much as 40-50 %. They argued that they are forced to import and thus to pay significant amounts of duty to keep their level of activity.

| (93) | It should be noted that the users did not bring any substantiated evidence that there was a shortage of LAM in the Community market before or after the imposition of provisional measures. In addition, the Community industry and other producers present on the Community market have production capacity available. If necessary, additional investments could be made and workforce could easily be increased by the Community producers to meet the demand in a market not distorted by dumping practices. Moreover, the Community market is not closed to imports from the PRC and these products will continue to be available to all users at non-dumped prices. It is also considered that underlying this claim is a fear of reduced competitiveness of the user industry, which is addressed in recitals (94) to (97) below. |
| --- | --- |

(93)

It should be noted that the users did not bring any substantiated evidence that there was a shortage of LAM in the Community market before or after the imposition of provisional measures. In addition, the Community industry and other producers present on the Community market have production capacity available. If necessary, additional investments could be made and workforce could easily be increased by the Community producers to meet the demand in a market not distorted by dumping practices. Moreover, the Community market is not closed to imports from the PRC and these products will continue to be available to all users at non-dumped prices. It is also considered that underlying this claim is a fear of reduced competitiveness of the user industry, which is addressed in recitals (94) to (97) below.

6.2.2.   Competitiveness of the user industry

| (94) | The imposition of measures should not materially affect the overall competitiveness of the user industry given that all users in the Community would have access to alternative sources of supply. The anti-dumping measures should, in principle, have no impact on the export activity of this industry and an increase of cost of production would not be significant. |
| --- | --- |

(94)

The imposition of measures should not materially affect the overall competitiveness of the user industry given that all users in the Community would have access to alternative sources of supply. The anti-dumping measures should, in principle, have no impact on the export activity of this industry and an increase of cost of production would not be significant.

| (95) | As regards possible cost increases, these may affect companies which are mainly purchasing low-priced dumped products from China. In the best case scenario, considering the current market share of the Community industry, the proposed measures may lead to an average cost increase of around 2,0 % of the cost of the downstream product on average. In the worst case scenario, the cost increase would amount to 3 %. However, this cost increase might even be diluted if the users are able to pass on part of this cost increase to their customers, which cannot be excluded. |
| --- | --- |

(95)

As regards possible cost increases, these may affect companies which are mainly purchasing low-priced dumped products from China. In the best case scenario, considering the current market share of the Community industry, the proposed measures may lead to an average cost increase of around 2,0 % of the cost of the downstream product on average. In the worst case scenario, the cost increase would amount to 3 %. However, this cost increase might even be diluted if the users are able to pass on part of this cost increase to their customers, which cannot be excluded.

| (96) | However, as explained in recital (128) of the provisional Regulation, the imposition of anti-dumping measures should lead to an increase of effective competition on the Community market and to the recovery of the market share and economic situation of the Community industry. This should in the short term enhance effective competition and avoid any undue price increase on the Community market. |
| --- | --- |

(96)

However, as explained in recital (128) of the provisional Regulation, the imposition of anti-dumping measures should lead to an increase of effective competition on the Community market and to the recovery of the market share and economic situation of the Community industry. This should in the short term enhance effective competition and avoid any undue price increase on the Community market.

| (97) | On balance, it is confirmed that any negative impact on the cost of certain users is not such as to prevent the imposition of measures. |
| --- | --- |

(97)

On balance, it is confirmed that any negative impact on the cost of certain users is not such as to prevent the imposition of measures.

6.3.   Conclusion on Community interest

| (98) | The investigation has shown that it is likely that without any measures against dumped imports the Community industry would disappear since it is already in a very vulnerable financial situation. This would certainly lead to the dependence of LAF producers on outside sources and to a significant reduction of competition. The imposition of anti-dumping measures should restore effective trade conditions, without undue burden or advantage, for all the parties selling and buying LAM on the Community market. |
| --- | --- |

(98)

The investigation has shown that it is likely that without any measures against dumped imports the Community industry would disappear since it is already in a very vulnerable financial situation. This would certainly lead to the dependence of LAF producers on outside sources and to a significant reduction of competition. The imposition of anti-dumping measures should restore effective trade conditions, without undue burden or advantage, for all the parties selling and buying LAM on the Community market.

| (99) | It is therefore concluded that the definitive measures would not be against the Community interest. |
| --- | --- |

(99)

It is therefore concluded that the definitive measures would not be against the Community interest.

7.   DEFINITIVE ANTI-DUMPING DUTIES

7.1.   Injury elimination level

| (100) | Based on the methodology explained in recitals (133) to (136) of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed. |
| --- | --- |

(100)

Based on the methodology explained in recitals (133) to (136) of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed.

| (101) | When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 5 %, a level deemed conservative and which could be reasonably expected in the absence of injurious dumping. |
| --- | --- |

(101)

When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 5 %, a level deemed conservative and which could be reasonably expected in the absence of injurious dumping.

| (102) | One party argued that the injury margin should not be based on the Community industry's cost of production plus a reasonable profit, given that the Community industry is not efficient and its cost of production is higher than it should be. This party, however, did not submit any evidence to substantiate its claim. The investigation did not provide any reason to depart from the methodology followed in recital (134) of the provisional Regulation. |
| --- | --- |

(102)

One party argued that the injury margin should not be based on the Community industry's cost of production plus a reasonable profit, given that the Community industry is not efficient and its cost of production is higher than it should be. This party, however, did not submit any evidence to substantiate its claim. The investigation did not provide any reason to depart from the methodology followed in recital (134) of the provisional Regulation.

| (103) | In the absence of any other comments on this subject, the methodology set out in recitals (133) to (136) of the provisional Regulation is hereby confirmed. |
| --- | --- |

(103)

In the absence of any other comments on this subject, the methodology set out in recitals (133) to (136) of the provisional Regulation is hereby confirmed.

7.2.   Definitive measures

| (104) | In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated as regards imports of LAM originating in the PRC since it is confirmed that in all cases the injury margins were higher than the dumping margins found. |
| --- | --- |

(104)

In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated as regards imports of LAM originating in the PRC since it is confirmed that in all cases the injury margins were higher than the dumping margins found.

| (105) | On the basis of the above, the definitive duties are set as follows:






  Company | Dumping margin |
| --- | --- | --- |
| Dongguan Nanzha Leco Stationery | 27,1  % |
| All other companies | 47,4  % |

(105)

On the basis of the above, the definitive duties are set as follows:

Company

Dumping margin

Dongguan Nanzha Leco Stationery

27,1  %

All other companies

47,4  %

| (106) | The individual company anti-dumping duty rate specified in this Regulation was established on the basis of the findings of the present investigation. Therefore, it reflects the situation found during the investigation with respect to that company. This duty rate (as opposed to the country-wide duty applicable to ‘all other companies’) is thus exclusively applicable to imports of products originating in the country concerned and produced by the company and thus by the specific legal entity mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to that specifically mentioned, cannot benefit from the rate and shall be subject to the duty rate applicable to all ‘other companies’. |
| --- | --- |

(106)

The individual company anti-dumping duty rate specified in this Regulation was established on the basis of the findings of the present investigation. Therefore, it reflects the situation found during the investigation with respect to that company. This duty rate (as opposed to the country-wide duty applicable to ‘all other companies’) is thus exclusively applicable to imports of products originating in the country concerned and produced by the company and thus by the specific legal entity mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to that specifically mentioned, cannot benefit from the rate and shall be subject to the duty rate applicable to all ‘other companies’.

| (107) | Any claim requesting the application of the individual company anti-dumping duty rate (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 (3) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates. |
| --- | --- |

(107)

Any claim requesting the application of the individual company anti-dumping duty rate (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 (3) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.

3

| (108) | In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporters, but also to those companies which did not have any exports during the IP. However, the latter companies are invited, when they fulfil the requirements of Article 11(4) of the basic Regulation, second paragraph, to present a request for a review pursuant to that Article in order to have their situation examined individually. |
| --- | --- |

(108)

In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporters, but also to those companies which did not have any exports during the IP. However, the latter companies are invited, when they fulfil the requirements of Article 11(4) of the basic Regulation, second paragraph, to present a request for a review pursuant to that Article in order to have their situation examined individually.

8.   COLLECTION OF PROVISIONAL DUTIES

| (109) | In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Commission Regulation (EC) No 134/2006, should be collected at the rate of the duty definitely imposed. Where the definitive duties are lower than the provisional duties, only the amounts secured at the level of the definitive duties should be definitively collected, |
| --- | --- |

(109)

In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Commission Regulation (EC) No 134/2006, should be collected at the rate of the duty definitely imposed. Where the definitive duties are lower than the provisional duties, only the amounts secured at the level of the definitive duties should be definitively collected,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of lever arch mechanisms for archiving sheets and other documents in binders and files and falling within CN code ex 8305 10 00 (TARIC code 8305100050) originating in the People's Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Community frontier price, before duty, of the products described in paragraph 1, and manufactured by the companies listed below shall be as follows:

| Manufacturer | Anti-dumping duty | TARIC additional code |
| --- | --- | --- |
| Dongguan Nanzha Leco Stationery
  The First Industrial Camp, Nanzha, Humen, Dongguan, China | 27,1  % | A729 |
| All other companies | 47,4  % | A999 |

Manufacturer

Anti-dumping duty

TARIC additional code

Dongguan Nanzha Leco Stationery

The First Industrial Camp, Nanzha, Humen, Dongguan, China

27,1  %

A729

All other companies

47,4  %

A999

3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Amounts secured by way of provisional anti-dumping duty pursuant to Commission Regulation (EC) No 134/2006 on imports of lever arch mechanisms for archiving sheets and other documents in binders and files and falling within CN code ex 8305 10 00 (TARIC code 8305100050) originating in the People's Republic of China shall be definitely collected at the duty rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

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, 24 July 2006.

For the Council

The President

K. RAJAMÄKI

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

1

(2)  
  OJ L 23, 27.1.2006, p. 13.

2

(3)

3

| European Commission |
| --- |
| Directorate-General for Trade |
| Direction B, office J-79 5/16 |
| 1049 Brussels/Belgium |

European Commission

Directorate-General for Trade

Direction B, office J-79 5/16

1049 Brussels/Belgium

---

| 27.7.2006 | EN | Official Journal of the European Union | L 205/13 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/13

---

COMMISSION REGULATION (EC) No 1137/2006

of 26 July 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. |
| --- | --- |

(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, |
| --- | --- |

(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 27 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

---

ANNEX

to Commission Regulation of 26 July 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 71,2 |
| 096 | 41,9 |
| 999 | 56,6 |
| 0707 00 05 | 052 | 83,9 |
| 388 | 52,4 |
| 524 | 46,9 |
| 999 | 61,1 |
| 0709 90 70 | 052 | 84,0 |
| 999 | 84,0 |
| 0805 50 10 | 388 | 59,2 |
| 524 | 50,6 |
| 528 | 40,2 |
| 999 | 50,0 |
| 0806 10 10 | 052 | 132,8 |
| 204 | 133,8 |
| 220 | 136,8 |
| 388 | 8,7 |
| 400 | 200,9 |
| 508 | 94,8 |
| 512 | 107,8 |
| 624 | 158,2 |
| 999 | 121,7 |
| 0808 10 80 | 388 | 94,4 |
| 400 | 102,7 |
| 404 | 125,7 |
| 508 | 85,6 |
| 512 | 93,5 |
| 524 | 67,7 |
| 528 | 81,5 |
| 720 | 78,9 |
| 800 | 152,2 |
| 804 | 100,2 |
| 999 | 98,2 |
| 0808 20 50 | 052 | 70,3 |
| 388 | 101,4 |
| 512 | 94,2 |
| 528 | 100,4 |
| 720 | 30,0 |
| 804 | 128,9 |
| 999 | 87,5 |
| 0809 10 00 | 052 | 145,6 |
| 999 | 145,6 |
| 0809 20 95 | 052 | 280,2 |
| 400 | 389,1 |
| 999 | 334,7 |
| 0809 30 10 , 0809 30 90 | 052 | 143,6 |
| 999 | 143,6 |
| 0809 40 05 | 093 | 69,6 |
| 098 | 88,9 |
| 624 | 132,1 |
| 999 | 96,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

71,2

096

41,9

999

56,6

0707 00 05

052

83,9

388

52,4

524

46,9

999

61,1

0709 90 70

052

84,0

999

84,0

0805 50 10

388

59,2

524

50,6

528

40,2

999

50,0

0806 10 10

052

132,8

204

133,8

220

136,8

388

8,7

400

200,9

508

94,8

512

107,8

624

158,2

999

121,7

0808 10 80

388

94,4

400

102,7

404

125,7

508

85,6

512

93,5

524

67,7

528

81,5

720

78,9

800

152,2

804

100,2

999

98,2

0808 20 50

052

70,3

388

101,4

512

94,2

528

100,4

720

30,0

804

128,9

999

87,5

0809 10 00

052

145,6

999

145,6

0809 20 95

052

280,2

400

389,1

999

334,7

0809 30 10 , 0809 30 90

052

143,6

999

143,6

0809 40 05

093

69,6

098

88,9

624

132,1

999

96,9

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 27.7.2006 | EN | Official Journal of the European Union | L 205/15 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/15

---

COMMISSION REGULATION (EC) No 1138/2006

of 26 July 2006

amending Regulation (EC) No 990/2006 as regards the quantities covered by standing invitations to tender for the export of cereals held by the intervention agencies of the Member States

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 6 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 990/2006 (2) opened standing invitations to tender for the export of cereals held by the intervention agencies of the Member States. |
| --- | --- |

(1)

Commission Regulation (EC) No 990/2006 (2) opened standing invitations to tender for the export of cereals held by the intervention agencies of the Member States.

| (2) | For some of these invitations to tender the acceptance of tenders has, in some Member States, almost completely exhausted the quantities made available to the economic operators. In view of the strong demand recorded in recent weeks and the market situation, new quantities should be made available in these Member States by authorising the intervention agencies concerned to increase the quantity put out to tender for export. Those increases should involve 500 000 tonnes of common wheat in Hungary, 36 487 tonnes in Slovakia and 15 863 tonnes in the Czech Republic. |
| --- | --- |

(2)

For some of these invitations to tender the acceptance of tenders has, in some Member States, almost completely exhausted the quantities made available to the economic operators. In view of the strong demand recorded in recent weeks and the market situation, new quantities should be made available in these Member States by authorising the intervention agencies concerned to increase the quantity put out to tender for export. Those increases should involve 500 000 tonnes of common wheat in Hungary, 36 487 tonnes in Slovakia and 15 863 tonnes in the Czech Republic.

| (3) | Regulation (EC) No 990/2006 should be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 990/2006 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

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

Annex I to Regulation (EC) No 990/2006 is hereby replaced by the Annex hereto.

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, 26 July 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 179, 1.7.2006, p. 3.

2

---

ANNEX

‘ANNEX I

LIST OF INVITATIONS TO TENDER

—: no intervention stock of this cereal in this Member State

| Member State | Quantities made available for sale on external markets
  (tonnes) | Intervention Agency
  Name, address and contact details |
| --- | --- | --- |
| Common wheat | Barley | Rye |
| Belgique/België | 0 | 0 | — | Bureau d'intervention et de restitution belge |
| Rue de Trèves, 82 |
| B-1040 Bruxelles |
| Tel.: (32-2) 287 24 78 |
| Fax: (32-2) 287 25 24 |
| e-mail: webmaster@birb.be |

Member State

Quantities made available for sale on external markets

(tonnes)

Intervention Agency

Name, address and contact details

Common wheat

Barley

Rye

Belgique/België

0

0

—

Bureau d'intervention et de restitution belge

Rue de Trèves, 82

B-1040 Bruxelles

Tel.: (32-2) 287 24 78

Fax: (32-2) 287 25 24

e-mail: webmaster@birb.be

Česká republika

65 863

150 000

—

| Statní zemědělsky intervenční fond |
| --- |
| Odbor rostlinných komodit |
| Ve Smečkách 33 |
| CZ-110 00, Praha 1 |
| Tel.: (420) 222 871 667 – 222 871 403 |
| Fax: (420) 296 806 404 |
| e-mail: dagmar.hejrovska@szif.cz |

Statní zemědělsky intervenční fond

Odbor rostlinných komodit

Ve Smečkách 33

CZ-110 00, Praha 1

Tel.: (420) 222 871 667 – 222 871 403

Fax: (420) 296 806 404

e-mail: dagmar.hejrovska@szif.cz

Danmark

0

0

—

| Direktoratet for FødevareErhverv |
| --- |
| Nyropsgade 30 |
| DK-1780 København |
| Tel.: (45) 33 95 88 07 |
| Fax: (45) 33 95 80 34 |
| e-mail: mij@dffe.dk og pah@dffe.dk |

Direktoratet for FødevareErhverv

Nyropsgade 30

DK-1780 København

Tel.: (45) 33 95 88 07

Fax: (45) 33 95 80 34

e-mail: mij@dffe.dk og pah@dffe.dk

Deutschland

0

0

300 000

| Bundesanstalt für Landwirtschaft und Ernährung |
| --- |
| Deichmanns Aue 29 |
| D-53179 Bonn |
| Tel.: (49-228) 6845 — 3704 |
| Fax 1: (49-228) 6845 — 3985 |
| Fax 2: (49-228) 6845 — 3276 |
| e-mail: pflanzlErzeugnisse@ble.de |

Bundesanstalt für Landwirtschaft und Ernährung

Deichmanns Aue 29

D-53179 Bonn

Tel.: (49-228) 6845 — 3704

Fax 1: (49-228) 6845 — 3985

Fax 2: (49-228) 6845 — 3276

e-mail: pflanzlErzeugnisse@ble.de

Eesti

0

30 000

—

| Põllumajanduse Registrite ja Informatsiooni Amet |
| --- |
| Narva mnt. 3, 51009 Tartu |
| Tel.: (372) 7371 200 |
| Fax: (372) 7371 201 |
| e-mail: pria@pria.ee |

Põllumajanduse Registrite ja Informatsiooni Amet

Narva mnt. 3, 51009 Tartu

Tel.: (372) 7371 200

Fax: (372) 7371 201

e-mail: pria@pria.ee

Elláda

—

—

—

| Payment and Control Agency for Guidance and Guarantee Community |
| --- |
| Aids (O.P.E.K.E.P.E) |
| 241, Archarnon str., GR-104 46 Athens |
| Tel.: (30-210) 212.4787 & 4754 |
| Fax: (30-210) 212.4791 |
| e-mail: ax17u073@minagric.gr |

Payment and Control Agency for Guidance and Guarantee Community

Aids (O.P.E.K.E.P.E)

241, Archarnon str., GR-104 46 Athens

Tel.: (30-210) 212.4787 & 4754

Fax: (30-210) 212.4791

e-mail: ax17u073@minagric.gr

España

—

—

—

| S. Gral. Intervención de Mercados (FEGA) |
| --- |
| C/Almagro 33 — 28010 Madrid — España |
| Tel.: (34-91) 3474765 |
| Fax: (34-91) 3474838 |
| e-mail: sgintervencion@fega.mapa.es |

S. Gral. Intervención de Mercados (FEGA)

C/Almagro 33 — 28010 Madrid — España

Tel.: (34-91) 3474765

Fax: (34-91) 3474838

e-mail: sgintervencion@fega.mapa.es

France

0

0

—

| Office National Interprofessionnel des Grandes Cultures (ONIGC) |
| --- |
| 21, avenue Bosquet |
| F-75326 Paris Cedex 07 |
| Tel.: (33-1) 44 18 22 29 and 23 37 |
| Fax: | (33-1) 44 18 20 08 —
  (33-1) 44 18 20 80 |

Office National Interprofessionnel des Grandes Cultures (ONIGC)

21, avenue Bosquet

F-75326 Paris Cedex 07

Tel.: (33-1) 44 18 22 29 and 23 37

Fax:

(33-1) 44 18 20 08 —

(33-1) 44 18 20 80

e-mail: m.meizels@onigc.fr and f.abeasis@onigc.fr

Ireland

—

0

—

| Intervention Operations, OFI, Subsidies & Storage Division, Department of Agriculture & Food |
| --- |
| Johnstown Castle Estate, County Wexford |
| Tel.: (353) 53 91 63400 |
| Fax: (353) 53 91 42843 |

Intervention Operations, OFI, Subsidies & Storage Division, Department of Agriculture & Food

Johnstown Castle Estate, County Wexford

Tel.: (353) 53 91 63400

Fax: (353) 53 91 42843

Italia

—

—

—

| Agenzia per le Erogazioni in Agricoltura — AGEA |
| --- |
| Via Torino, 45, 00184 Roma |
| Tel.: (39) 0649499755 |
| Fax: (39) 0649499761 |
| e-mail: d.spampinato@agea.gov.it |

Agenzia per le Erogazioni in Agricoltura — AGEA

Via Torino, 45, 00184 Roma

Tel.: (39) 0649499755

Fax: (39) 0649499761

e-mail: d.spampinato@agea.gov.it

Kypros/Kibris

—

—

—

Latvija

0

0

—

| Lauku atbalsta dienests |
| --- |
| Republikas laukums 2, |
| Rīga, LV – 1981 |
| Tel.: (371) 702 7893 |
| Fax: (371) 702 7892 |
| e-mail: lad@lad.gov.lv |

Lauku atbalsta dienests

Republikas laukums 2,

Rīga, LV – 1981

Tel.: (371) 702 7893

Fax: (371) 702 7892

e-mail: lad@lad.gov.lv

Lietuva

0

50 000

—

| The Lithuanian Agricultural and Food |
| --- |
| Products Market regulation Agency |
| L. Stuokos-Guceviciaus Str. 9-12, |
| Vilnius, Lithuania |
| Tel.: (370-5) 268 50 49 |
| Fax: (370-5) 268 50 61 |
| e-mail: info@litfood.lt |

The Lithuanian Agricultural and Food

Products Market regulation Agency

L. Stuokos-Guceviciaus Str. 9-12,

Vilnius, Lithuania

Tel.: (370-5) 268 50 49

Fax: (370-5) 268 50 61

e-mail: info@litfood.lt

Luxembourg

—

—

—

| Office des licences |
| --- |
| 21, rue Philippe II, |
| Boîte postale 113 |
| L-2011 Luxembourg |
| Tel.: (352) 478 23 70 |
| Fax: (352) 46 61 38 |
| Telex: 2 537 AGRIM LU |

Office des licences

21, rue Philippe II,

Boîte postale 113

L-2011 Luxembourg

Tel.: (352) 478 23 70

Fax: (352) 46 61 38

Telex: 2 537 AGRIM LU

Magyarország

1 000 000

80 000

—

| Mezőgazdasági és Vidékfejlesztési |
| --- |
| Hivatal |
| Soroksári út 22-24. |
| H-1095 Budapest |
| Tel.: (36) 1 219 45 76 |
| Fax: (36) 1 219 89 05 |
| e-mail: ertekesites@mvh.gov.hu |

Mezőgazdasági és Vidékfejlesztési

Hivatal

Soroksári út 22-24.

H-1095 Budapest

Tel.: (36) 1 219 45 76

Fax: (36) 1 219 89 05

e-mail: ertekesites@mvh.gov.hu

Malta

—

—

—

Nederland

—

—

—

| Dienst Regelingen Roermond |
| --- |
| Postbus 965, NL-6040 AZ Roermond |
| Tel.: (31) 475 355 486 |
| Fax: (31) 475 318939 |
| e-mail: p.a.c.m.van.de.lindeloof@minlnv.nl |

Dienst Regelingen Roermond

Postbus 965, NL-6040 AZ Roermond

Tel.: (31) 475 355 486

Fax: (31) 475 318939

e-mail: p.a.c.m.van.de.lindeloof@minlnv.nl

Österreich

0

0

—

| AMA (Agrarmarkt Austria) |
| --- |
| Dresdnerstraße 70 |
| A-1200 Wien |
| Tel.: | (43-1) 33151 258
  (43-1) 33151 328 |

AMA (Agrarmarkt Austria)

Dresdnerstraße 70

A-1200 Wien

Tel.:

(43-1) 33151 258

(43-1) 33151 328

| Fax: | (43-1) 33151 4624
  (43-1) 33151 4469 |
| --- | --- |

Fax:

(43-1) 33151 4624

(43-1) 33151 4469

e-mail: referat10@ama.gv.at

Polska

400 000

100 000

—

| Agencja Rynku Rolnego |
| --- |
| Biuro Produktów Roślinnych |
| Nowy Świat 6/12 |
| PL-00-400 Warszawa |
| Tel.: (48) 22 661 78 10 |
| Fax: (48) 22 661 78 26 |
| e-mail: cereals-intervention@arr.gov.pl |

Agencja Rynku Rolnego

Biuro Produktów Roślinnych

Nowy Świat 6/12

PL-00-400 Warszawa

Tel.: (48) 22 661 78 10

Fax: (48) 22 661 78 26

e-mail: cereals-intervention@arr.gov.pl

Portugal

—

—

—

| Instituto Nacional de Intervenção e Garantia Agrícola (INGA) |
| --- |
| R. Castilho, n.o 45-51, |
| 1269-163 Lisboa |
| Tel.: | (351) 21 751 85 00
  (351) 21 384 60 00 |

Instituto Nacional de Intervenção e Garantia Agrícola (INGA)

R. Castilho, n.o 45-51,

1269-163 Lisboa

Tel.:

(351) 21 751 85 00

(351) 21 384 60 00

Fax: (351) 21 384 61 70

| e-mail: | inga@inga.min-agricultura.pt
  edalberto.santana@inga.min-agricultura.pt |
| --- | --- |

e-mail:

inga@inga.min-agricultura.pt

edalberto.santana@inga.min-agricultura.pt

Slovenija

—

—

—

| Agencija Republike Slovenije za kmetijske trge in razvoj podeželja |
| --- |
| Dunajska 160, 1000 Ljubjana |
| Tel.: (386) 1 580 76 52 |
| Fax: (386) 1 478 92 00 |
| e-mail: aktrp@gov.si |

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja

Dunajska 160, 1000 Ljubjana

Tel.: (386) 1 580 76 52

Fax: (386) 1 478 92 00

e-mail: aktrp@gov.si

Slovensko

66 487

0

—

| Pôdohospodárska platobná agentúra |
| --- |
| Oddelenie obilnín a škrobu |
| Dobrovičova 12 |
| SK-815 26 Bratislava |
| Tel.: (421-2) 58 243 271 |
| Fax: (421-2) 53 412 665 |
| e-mail: jvargova@apa.sk |

Pôdohospodárska platobná agentúra

Oddelenie obilnín a škrobu

Dobrovičova 12

SK-815 26 Bratislava

Tel.: (421-2) 58 243 271

Fax: (421-2) 53 412 665

e-mail: jvargova@apa.sk

Suomi/Finland

0

200 000

—

| Maa- ja metsätalousministeriö (MMM) |
| --- |
| Interventioyksikkö – Intervention Unit |
| Malminkatu 16, Helsinki |
| PL 30 |
| FIN-00023 Valtioneuvosto |
| Tel.: (358-9) 16001 |
| Fax: | (358-9) 1605 2772
  (358-9) 1605 2778 |

Maa- ja metsätalousministeriö (MMM)

Interventioyksikkö – Intervention Unit

Malminkatu 16, Helsinki

PL 30

FIN-00023 Valtioneuvosto

Tel.: (358-9) 16001

Fax:

(358-9) 1605 2772

(358-9) 1605 2778

e-mail: intervention.unit@mmm.fi

Sverige

0

0

—

| Statens Jordbruksverk |
| --- |
| SE-55182 Jönköping |
| Tel.: (46) 36 15 50 00 |
| Fax: (46) 36 19 05 46 |
| e-mail: jordbruksverket@sjv.se |

Statens Jordbruksverk

SE-55182 Jönköping

Tel.: (46) 36 15 50 00

Fax: (46) 36 19 05 46

e-mail: jordbruksverket@sjv.se

United Kingdom

—

0

—

| Rural Payments Agency |
| --- |
| Lancaster House |
| Hampshire Court |
| Newcastle upon Tyne |
| NE4 7YH |
| Tel.: (44) 191 226 5882 |
| Fax: (44) 191 226 5824 |
| e-mail: cerealsintervention@rpa.gov.uk’ |

Rural Payments Agency

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel.: (44) 191 226 5882

Fax: (44) 191 226 5824

e-mail: cerealsintervention@rpa.gov.uk’

---

| 27.7.2006 | EN | Official Journal of the European Union | L 205/19 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/19

---

COMMISSION REGULATION (EC) No 1139/2006

of 26 July 2006

on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes, apples and peaches)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular the third subparagraph of Article 35(3) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 887/2006 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid. |
| --- | --- |

(1)

Commission Regulation (EC) No 887/2006 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid.

| (2) | In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set. |
| --- | --- |

(2)

In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set.

| (3) | In the case of tomatoes, oranges, lemons, table grapes, apples and peaches, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is not more than one-and-a-half times the indicative refund rate, |
| --- | --- |

(3)

In the case of tomatoes, oranges, lemons, table grapes, apples and peaches, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is not more than one-and-a-half times the indicative refund rate,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of tomatoes, oranges, lemons, table grapes, apples and peaches, the maximum refund rates and the percentages for reducing the quantities awarded under the invitation to tender opened by Regulation (EC) No 887/2006 shall be fixed in the Annex.

Article 2

This Regulation shall enter into force on 27 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 165, 17.6.2006, p. 3.

2

---

ANNEX

Issuing of system A3 export licences in the fruit and vegetable sector (tomatoes, oranges, lemons, table grapes, apples and peaches)

| Product | Maximum refund rate
  (EUR/t net) | Percentage awarded of quantities tendered for quoting the maximum refund rate |
| --- | --- | --- |
| Tomatoes | 30 | 100  % |
| Oranges | 39 | 100  % |
| Lemons | 60 | 100  % |
| Table grapes | 25 | 100  % |
| Apples | 33 | 100  % |
| Peaches | 18 | 100  % |

Product

Maximum refund rate

(EUR/t net)

Percentage awarded of quantities tendered for quoting the maximum refund rate

Tomatoes

30

100  %

Oranges

39

100  %

Lemons

60

100  %

Table grapes

25

100  %

Apples

33

100  %

Peaches

18

100  %

---

| 27.7.2006 | EN | Official Journal of the European Union | L 205/21 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/21

---

COMMISSION REGULATION (EC) No 1140/2006

of 26 July 2006

setting the allocation coefficient for issuing licences 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,

Having regard to Council Decision 2005/914/EC of 21 November 2005 on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community (3),

Having regard to Commission Regulation (EC) No 2151/2005 of 23 December 2005 laying down detailed rules for the opening and administration of the tariff quota for sugar products originating in the former Yugoslav Republic of Macedonia, as provided for in the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (4), in particular Article 6(3) thereof,

Whereas:

| (1) | Applications for import licences were submitted to the competent authority during the week of 17 to 21 July 2006, in accordance with Regulation (EC) No 950/2006, for a total quantity equal to or exceeding the quantity available for serial number 09.4351. |
| --- | --- |

(1)

Applications for import licences were submitted to the competent authority during the week of 17 to 21 July 2006, in accordance with Regulation (EC) No 950/2006, for a total quantity equal to or exceeding the quantity available for serial number 09.4351.

| (2) | In these circumstances, the Commission must set an allocation coefficient in order to issue licences in proportion to the quantity available and to inform the Member States, where necessary, when the set limit has been reached, |
| --- | --- |

(2)

In these circumstances, the Commission must set an allocation coefficient in order to issue licences in proportion to the quantity available and to inform the Member States, where necessary, when 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 17 to 21 July 2006, in accordance with Article 4(2) of Regulation (EC) No 950/2006.

Article 2

This Regulation shall enter into force on 27 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 58, 28.2.2006, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 1.

2

(3)  
  OJ L 333, 20.12.2005, p. 44.

3

(4)  
  OJ L 342, 24.12.2005, p. 26.

4

---

ANNEX

ACP-INDIA preferential sugar

Title IV of Regulation (EC) No 950/2006

2005/06 marketing year

| Serial No | Country | Week of 17 to 21 July 2006 % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4331 | Barbados | 100 | |
| 09.4332 | Belize | 0 | Reached |
| 09.4333 | Côte d’Ivoire | 100 | |
| 09.4334 | Republic of the Congo | 100 | |
| 09.4335 | Fiji | 0 | Reached |
| 09.4336 | Guyana | 0 | Reached |
| 09.4337 | India | 0 | Reached |
| 09.4338 | Jamaica | 0 | Reached |
| 09.4339 | Kenya | 0 | Reached |
| 09.4340 | Madagascar | 100 | |
| 09.4341 | Malawi | 0 | Reached |
| 09.4342 | Mauritius | 0 | Reached |
| 09.4343 | Mozambique | 0 | Reached |
| 09.4344 | Saint Kitts and Nevis | 0 | Reached |
| 09.4345 | Suriname | — | |
| 09.4346 | Swaziland | 0 | Reached |
| 09.4347 | Tanzania | 100 | |
| 09.4348 | Trinidad and Tobago | 100 | |
| 09.4349 | Uganda | — | |
| 09.4350 | Zambia | 0 | Reached |
| 09.4351 | Zimbabwe | 0 | Reached |

Serial No

Country

Week of 17 to 21 July 2006 % of requested quantity to be granted

Limit

09.4331

Barbados

100

09.4332

Belize

0

Reached

09.4333

Côte d’Ivoire

100

09.4334

Republic of the Congo

100

09.4335

Fiji

0

Reached

09.4336

Guyana

0

Reached

09.4337

India

0

Reached

09.4338

Jamaica

0

Reached

09.4339

Kenya

0

Reached

09.4340

Madagascar

100

09.4341

Malawi

0

Reached

09.4342

Mauritius

0

Reached

09.4343

Mozambique

0

Reached

09.4344

Saint Kitts and Nevis

0

Reached

09.4345

Suriname

—

09.4346

Swaziland

0

Reached

09.4347

Tanzania

100

09.4348

Trinidad and Tobago

100

09.4349

Uganda

—

09.4350

Zambia

0

Reached

09.4351

Zimbabwe

0

Reached

ACP-INDIA preferential sugar

Title IV of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 17 to 21 July 2006 % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4331 | Barbados | 100 | |
| 09.4332 | Belize | 100 | |
| 09.4333 | Côte d’Ivoire | 100 | |
| 09.4334 | Republic of the Congo | 100 | |
| 09.4335 | Fiji | 100 | |
| 09.4336 | Guyana | 100 | |
| 09.4337 | India | 100 | |
| 09.4338 | Jamaica | 100 | |
| 09.4339 | Kenya | 100 | |
| 09.4340 | Madagascar | 100 | |
| 09.4341 | Malawi | 100 | |
| 09.4342 | Mauritius | 100 | |
| 09.4343 | Mozambique | 100 | |
| 09.4344 | Saint Kitts and Nevis | 100 | |
| 09.4345 | Suriname | 100 | |
| 09.4346 | Swaziland | 100 | |
| 09.4347 | Tanzania | 100 | |
| 09.4348 | Trinidad and Tobago | 100 | |
| 09.4349 | Uganda | 100 | |
| 09.4350 | Zambia | 100 | |
| 09.4351 | Zimbabwe | 88,7114 | Reached |

Serial No

Country

Week of 17 to 21 July 2006 % of requested quantity to be granted

Limit

09.4331

Barbados

100

09.4332

Belize

100

09.4333

Côte d’Ivoire

100

09.4334

Republic of the Congo

100

09.4335

Fiji

100

09.4336

Guyana

100

09.4337

India

100

09.4338

Jamaica

100

09.4339

Kenya

100

09.4340

Madagascar

100

09.4341

Malawi

100

09.4342

Mauritius

100

09.4343

Mozambique

100

09.4344

Saint Kitts and Nevis

100

09.4345

Suriname

100

09.4346

Swaziland

100

09.4347

Tanzania

100

09.4348

Trinidad and Tobago

100

09.4349

Uganda

100

09.4350

Zambia

100

09.4351

Zimbabwe

88,7114

Reached

CXL concessions sugar

Title VI of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 17 to 21 July 2006 % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4317 | Australia | 0 | Reached |
| 09.4318 | Brazil | 0 | Reached |
| 09.4319 | Cuba | 0 | Reached |
| 09.4320 | Other third countries | 0 | Reached |

Serial No

Country

Week of 17 to 21 July 2006 % of requested quantity to be granted

Limit

09.4317

Australia

0

Reached

09.4318

Brazil

0

Reached

09.4319

Cuba

0

Reached

09.4320

Other third countries

0

Reached

Balkans sugar

Title VII of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 17 to 21 July 2006 % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4324 | Albania | 100 | |
| 09.4325 | Bosnia and Herzegovina | 0 | Reached |
| 09.4326 | Serbia, Montenegro and Kosovo | 100 | |

Serial No

Country

Week of 17 to 21 July 2006 % of requested quantity to be granted

Limit

09.4324

Albania

100

09.4325

Bosnia and Herzegovina

0

Reached

09.4326

Serbia, Montenegro and Kosovo

100

Marketing year 2006

| Serial No | Country | Week of 17 to 21 July 2006 % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4327 | Former Yugoslav Republic of Macedonia | 100 | |

Serial No

Country

Week of 17 to 21 July 2006 % of requested quantity to be granted

Limit

09.4327

Former Yugoslav Republic of Macedonia

100

---

II Acts whose publication is not obligatory

Commission

| 27.7.2006 | EN | Official Journal of the European Union | L 205/24 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/24

---

COMMISSION DECISION

of 22 February 2006

relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement

(Case COMP/B-2/38.381 — De Beers)

(notified under document number C(2006) 521)

(Only the English text is authentic)

(Text with EEA relevance)

(2006/520/EC)

On 22 February 2006 the Commission adopted a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (1). A non-confidential version of the integral text of the decision in the authentic language as well as the working languages of the Commission is available on the Competition Directorate General website at the following address: http://europa.eu.int/comm/competition/antitrust/cases/index/by_nr_76.html#i38_381

1

(1)

This decision is addressed to De Beers société anonyme (‘De Beers SA’). The subject matter of the procedure was the purchase relationship between the De Beers Group of companies (‘De Beers’) and the second largest diamond producer ALROSA Company Ltd (‘ALROSA’) on the worldwide market of rough diamonds, for a substantial part distributed and/or processed in the European Economic Area (EEA). In its preliminary assessment, the Commission expressed concerns under Article 82 of the EC Treaty and Article 54 of the EEA Agreement about De Beers’ purchase relationship with its most important competitor ALROSA in light of its decades-long duration. The Commission’s competition concerns related to a Trade Agreement between De Beers and ALROSA concerning purchases of substantial amounts of rough diamonds and, pending Commission approval of the Trade Agreement, purchases from ALROSA under the ‘willing-seller-willing-buyer’ arrangement.

(2)

The Commission considers that the commitments offered by De Beers are sufficient to address the identified competition concerns. In particular, following a transitional period from 2006 to 2008 during which De Beers’ purchases will be reduced and which is necessary to build a competitive distribution system for the quantities of diamonds previously sold by De Beers, De Beers undertakes to refrain from all purchases of rough diamonds from ALROSA as of 2009. By freeing up the portion of diamonds from ALROSA previously resold by De Beers and, upon lapse of the transitional period, by discontinuing the entirety of De Beers’ purchase relationship with ALROSA, the commitments address the concern of reducing access to a viable source of alternative supply of rough diamonds and hindering the second biggest competitor from fully competing with De Beers.

(3)

The decision finds, in view of the commitments made binding on De Beers SA, that there are no longer grounds for action by the Commission.

(4)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 10 February 2006.

---

(1)  
  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

1

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| 27.7.2006 | EN | Official Journal of the European Union | L 205/26 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/26

---

COMMISSION DECISION

of 25 July 2006

amending Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC as regards certain protection measures in relation to highly pathogenic avian influenza

(notified under document number C(2006) 3302)

(Text with EEA relevance)

(2006/521/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) | Following the outbreak of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, the Commission adopted several protection measures in relation to avian influenza. Those measures included, in particular, Commission Decision 2005/692/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (3), Commission Decision 2005/733/EC of 19 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Turkey and repealing Decision 2005/705/EC (4) and Commission Decision 2006/7/EC of 9 January 2006 concerning certain protection measures in relation to the import of feathers from certain third countries (5). |
| --- | --- |

(1)

Following the outbreak of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, the Commission adopted several protection measures in relation to avian influenza. Those measures included, in particular, Commission Decision 2005/692/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (3), Commission Decision 2005/733/EC of 19 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Turkey and repealing Decision 2005/705/EC (4) and Commission Decision 2006/7/EC of 9 January 2006 concerning certain protection measures in relation to the import of feathers from certain third countries (5).

| (2) | Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain countries and the movement from third countries of birds accompanying their owners (6) and Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (7) lay down certain protection measures concerning the importation of unprocessed feathers, birds other than poultry and birds accompanying their owners from third countries. |
| --- | --- |

(2)

Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain countries and the movement from third countries of birds accompanying their owners (6) and Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (7) lay down certain protection measures concerning the importation of unprocessed feathers, birds other than poultry and birds accompanying their owners from third countries.

| (3) | For the sake of clarity and transparency, the provisions relating to these imports in Decision 2005/692/EC should be deleted. It is furthermore appropriate to delete any reference to the import of products produced before 1 January 2004, as these products have been in cold storage for more than two years and most stocks should now be depleted. A transitional period will be provided to give business operators time to dispose of any possibly remaining stocks. |
| --- | --- |

(3)

For the sake of clarity and transparency, the provisions relating to these imports in Decision 2005/692/EC should be deleted. It is furthermore appropriate to delete any reference to the import of products produced before 1 January 2004, as these products have been in cold storage for more than two years and most stocks should now be depleted. A transitional period will be provided to give business operators time to dispose of any possibly remaining stocks.

| (4) | Decision 2005/692/EC applies until 30 September 2006. However, as outbreaks of the Asian lineage of the avian influenza virus still occur in south-east Asia and China, it is appropriate to prolong the application of that Decision until 31 December 2007. |
| --- | --- |

(4)

Decision 2005/692/EC applies until 30 September 2006. However, as outbreaks of the Asian lineage of the avian influenza virus still occur in south-east Asia and China, it is appropriate to prolong the application of that Decision until 31 December 2007.

| (5) | Decision 2005/733/EC applies until 31 July 2006. However, outbreaks of the Asian lineage of the avian influenza virus still occur in the region. It is therefore appropriate to prolong the application of that Decision until 31 December 2006. |
| --- | --- |

(5)

Decision 2005/733/EC applies until 31 July 2006. However, outbreaks of the Asian lineage of the avian influenza virus still occur in the region. It is therefore appropriate to prolong the application of that Decision until 31 December 2006.

| (6) | In the interests of clarity of Community legislation, the title of Decision 2006/7/EC should be slightly amended to specify that it applies to all third countries. |
| --- | --- |

(6)

In the interests of clarity of Community legislation, the title of Decision 2006/7/EC should be slightly amended to specify that it applies to all third countries.

| (7) | Since the adoption of Decision 2006/7/EC, the Commission has been revising the existing permanent Community measures concerning imports of feathers, in particular the relevant provisions concerning import requirements for untreated feathers laid down in Chapter VIII of Annex VIII of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (8). That legislative procedure however has not been completed. |
| --- | --- |

(7)

Since the adoption of Decision 2006/7/EC, the Commission has been revising the existing permanent Community measures concerning imports of feathers, in particular the relevant provisions concerning import requirements for untreated feathers laid down in Chapter VIII of Annex VIII of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (8). That legislative procedure however has not been completed.

| (8) | Decision 2006/7/EC applies until 31 July 2006. However, new cases of avian influenza have been confirmed several times in a number of third countries in several continents recently, both in poultry flocks and in wild birds. Therefore the period of application of that Decision should be extended until 31 December 2006. |
| --- | --- |

(8)

Decision 2006/7/EC applies until 31 July 2006. However, new cases of avian influenza have been confirmed several times in a number of third countries in several continents recently, both in poultry flocks and in wild birds. Therefore the period of application of that Decision should be extended until 31 December 2006.

| (9) | Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC should therefore be amended accordingly. |
| --- | --- |

(9)

Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC should therefore be amended accordingly.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(10)

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 2005/692/EC is amended as follows:

| 1. | In Article 1, paragraphs 2 and 3 are deleted. |
| --- | --- |

1.

In Article 1, paragraphs 2 and 3 are deleted.

| 2. | Article 4 is deleted. |
| --- | --- |

2.

Article 4 is deleted.

| 3. | In Article 7, the date ‘30 September 2006’ is replaced by ‘31 December 2007’. |
| --- | --- |

3.

In Article 7, the date ‘30 September 2006’ is replaced by ‘31 December 2007’.

Article 2

In Article 6 of Decision 2005/733/EC, the date ‘31 July 2006’ is replaced by ‘31 December 2006’.

Article 3

Decision 2006/7/EC is amended as follows:

| 1. | The title is replaced by the following:

  ‘Commission Decision 2006/7/EC of 9 January 2006 concerning certain protection measures in relation to the import of feathers from third countries’
  . |
| --- | --- |

1.

The title is replaced by the following:

‘Commission Decision 2006/7/EC of 9 January 2006 concerning certain protection measures in relation to the import of feathers from third countries’

| 2. | In Article 4, the date ‘31 July 2006’ is replaced by ‘31 December 2006’. |
| --- | --- |

2.

In Article 4, the date ‘31 July 2006’ is replaced by ‘31 December 2006’.

Article 4

The 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 5

This Decision shall apply from 27 July 2006.

Article 1(1) shall apply from 1 October 2006.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 25 July 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1).

2

(3)  
  OJ L 263, 8.10.2005, p. 20.

3

(4)  
  OJ L 274, 20.10.2005, p. 102. Decision as amended by Decision 2006/321/EC (OJ L 118, 3.5.2006, p. 18).

4

(5)  
  OJ L 5, 10.1.2006, p. 17. Decision as amended by Decision 2006/183/EC (OJ L 65, 7.3.2006, p. 49).

5

(6)  
  OJ L 285, 28.10.2005, p. 52. Decision as last amended by Decision 2006/405/EC (OJ L 158, 10.6.2006, p. 14).

6

(7)  
  OJ L 285, 28.10.2005, p. 60. Decision as last amended by Decision 2006/405/EC.

7

(8)  
  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006, p. 25).

8

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| 27.7.2006 | EN | Official Journal of the European Union | L 205/28 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/28

---

COMMISSION DECISION

of 25 July 2006

amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community

(notified under document number C(2006) 3303)

(Text with EEA relevance)

(2006/522/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 (1), and in particular Article 10(4) thereof,

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 (2), 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 (3), and in particular Article 22(6) thereof,

Having regard to Regulation (EC) 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 (4), and in particular Article 18 thereof,

Whereas:

| (1) | Following the outbreak of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures in relation to that disease. Those measures included in particular Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners (5) and Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (6). |
| --- | --- |

(1)

Following the outbreak of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures in relation to that disease. Those measures included in particular Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners (5) and Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (6).

| (2) | Article 3 of Decision 2005/759/EC provides that, that Decision does not apply to the movement into the Community of live pet birds accompanying their owners from the third countries referred to in that Article. Croatia is presently not referred to in Article 3 of Decision 2005/759/EC and accordingly imports of pet birds accompanying their owners from that third country need to comply with the same import restrictions as those laid down in that Decision for other third countries. Croatia was one of the first countries in Europe to notify the Commission of cases of avian influenza found in wild birds and has been transparent in the way it handled further cases of that disease. No new cases of avian influenza has been detected lately in Croatia. |
| --- | --- |

(2)

Article 3 of Decision 2005/759/EC provides that, that Decision does not apply to the movement into the Community of live pet birds accompanying their owners from the third countries referred to in that Article. Croatia is presently not referred to in Article 3 of Decision 2005/759/EC and accordingly imports of pet birds accompanying their owners from that third country need to comply with the same import restrictions as those laid down in that Decision for other third countries. Croatia was one of the first countries in Europe to notify the Commission of cases of avian influenza found in wild birds and has been transparent in the way it handled further cases of that disease. No new cases of avian influenza has been detected lately in Croatia.

| (3) | In addition, Croatia has notified the Commission that the competent authorities of that country are now applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Commission Decision 2006/115/EC of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (7). |
| --- | --- |

(3)

In addition, Croatia has notified the Commission that the competent authorities of that country are now applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Commission Decision 2006/115/EC of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (7).

| (4) | As the risk for animal health in the Community posed by imports of pet birds from Croatia are therefore minimal, Croatia should be added to the list of third countries referred to in Article 3 of Decision 2005/759/EC. |
| --- | --- |

(4)

As the risk for animal health in the Community posed by imports of pet birds from Croatia are therefore minimal, Croatia should be added to the list of third countries referred to in Article 3 of Decision 2005/759/EC.

| (5) | Decision 2005/759/EC currently is to apply until 31 July 2006. Since new cases of avian influenza have been reported in certain member countries of the World Organisation for Animal Health (OIE), the restrictions concerning the movements of pet birds accompanying their owners should be continued. It is therefore appropriate to extend the application of Decision 2005/759/EC until 31 December 2006. |
| --- | --- |

(5)

Decision 2005/759/EC currently is to apply until 31 July 2006. Since new cases of avian influenza have been reported in certain member countries of the World Organisation for Animal Health (OIE), the restrictions concerning the movements of pet birds accompanying their owners should be continued. It is therefore appropriate to extend the application of Decision 2005/759/EC until 31 December 2006.

| (6) | The European Food Safety Authority (EFSA) Panel on animal health and welfare (AHAW) will adopt a scientific opinion on the animal health and welfare risks associated with the import of wild birds other than poultry into the Community in October 2006. EFSA has been specifically asked to identify in its opinion possible tools and options which could reduce any identified risk related to the import of birds other than poultry. This opinion will guide the future policy of the EU on the animal health and welfare aspects of these imports. |
| --- | --- |

(6)

The European Food Safety Authority (EFSA) Panel on animal health and welfare (AHAW) will adopt a scientific opinion on the animal health and welfare risks associated with the import of wild birds other than poultry into the Community in October 2006. EFSA has been specifically asked to identify in its opinion possible tools and options which could reduce any identified risk related to the import of birds other than poultry. This opinion will guide the future policy of the EU on the animal health and welfare aspects of these imports.

| (7) | Decision 2005/760/EC is to apply until 31 July 2006. At this moment, a substantial amendment to the current rules laid down in the two Decisions 2005/759/EC and 2005/760/EC would mislead the operators and other stakeholders on the possible future development of the EU policy on this matter. In light of the current animal health situation regarding avian influenza and pending the intended adoption of the EFSA opinion in October, the restrictions relating to the imports of birds other than poultry should be continued. It is therefore appropriate to amend the date of application of that Decision until 31 December 2006. |
| --- | --- |

(7)

Decision 2005/760/EC is to apply until 31 July 2006. At this moment, a substantial amendment to the current rules laid down in the two Decisions 2005/759/EC and 2005/760/EC would mislead the operators and other stakeholders on the possible future development of the EU policy on this matter. In light of the current animal health situation regarding avian influenza and pending the intended adoption of the EFSA opinion in October, the restrictions relating to the imports of birds other than poultry should be continued. It is therefore appropriate to amend the date of application of that Decision until 31 December 2006.

| (8) | Decisions 2005/759/EC and 2005/760/EC should therefore be amended accordingly. |
| --- | --- |

(8)

Decisions 2005/759/EC and 2005/760/EC should therefore be amended accordingly.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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 2005/759/EC is amended as follows:

| 1. | Article 3 is replaced by the following:

  ‘Article 3
  This Decision shall not apply to the movement onto Community territory of live pet birds accompanying their owners from Andorra, Croatia, the Faeroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.’ |
| --- | --- |

1.

Article 3 is replaced by the following:

‘Article 3

This Decision shall not apply to the movement onto Community territory of live pet birds accompanying their owners from Andorra, Croatia, the Faeroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.’

| 2. | In Article 5 the date ‘31 July 2006’ is replaced by ‘31 December 2006’. |
| --- | --- |

2.

In Article 5 the date ‘31 July 2006’ is replaced by ‘31 December 2006’.

Article 2

In Article 6 of Decision 2005/760/EC the date ‘31 July 2006’ is replaced by ‘31 December 2006’.

Article 3

The 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 4

This Decision is addressed to the Member States.

Done at Brussels, 25 July 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

1

(2)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

2

(3)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1), corrected by OJ L 191, 28.5.2004, p. 1.

3

(4)  
  OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 590/2006 (OJ L 104, 13.4.2006, p. 8).

4

(5)  
  OJ L 285, 28.10.2005, p. 52. Decision as last amended by Decision 2006/405/EC (OJ L 158, 10.6.2006, p. 14).

5

(6)  
  OJ L 285, 28.10.2005, p. 60. Decision as last amended by Decision 2006/405/EC.

6

(7)  
  OJ L 48, 18.2.2006, p. 28. Decision as amended by Decision 2006/277/EC (OJ L 103, 12.4.2006, p. 29).

7

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Acts adopted under Title V of the Treaty on European Union

| 27.7.2006 | EN | Official Journal of the European Union | L 205/30 |
| --- | --- | --- | --- |

27.7.2006

EN

Official Journal of the European Union

L 205/30

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COUNCIL JOINT ACTION 2006/523/CFSP

of 25 July 2006

amending the mandate of the European Union Special Representative in Bosnia and Herzegovina

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 14 December 2005, the Peace Implementation Council Steering Board appointed Mr Christian SCHWARZ-SCHILLING as High Representative in Bosnia and Herzegovina. |
| --- | --- |

(1)

On 14 December 2005, the Peace Implementation Council Steering Board appointed Mr Christian SCHWARZ-SCHILLING as High Representative in Bosnia and Herzegovina.

| (2) | On 30 January 2006, the Council adopted Joint Action 2006/49/CFSP (1) appointing Mr Christian SCHWARZ-SCHILLING as the European Union Special Representative in Bosnia and Herzegovina. |
| --- | --- |

(2)

On 30 January 2006, the Council adopted Joint Action 2006/49/CFSP (1) appointing Mr Christian SCHWARZ-SCHILLING as the European Union Special Representative in Bosnia and Herzegovina.

| (3) | According to the decision of the Steering Board Political Directors of the Peace Implementation Council of 22/23 June 2006, the Office of the High Representative (OHR) will begin preparations to close on 30 June 2007. Preparations for a reinforced European Union Special Representative (EUSR) office should proceed in parallel. |
| --- | --- |

(3)

According to the decision of the Steering Board Political Directors of the Peace Implementation Council of 22/23 June 2006, the Office of the High Representative (OHR) will begin preparations to close on 30 June 2007. Preparations for a reinforced European Union Special Representative (EUSR) office should proceed in parallel.

| (4) | The mandate of the EUSR should be amended in order to enable him to support planning for a future reinforced EUSR office in the context of the closure of the OHR, |
| --- | --- |

(4)

The mandate of the EUSR should be amended in order to enable him to support planning for a future reinforced EUSR office in the context of the closure of the OHR,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2006/49/CFSP is hereby amended as follows:

| 1. | the following subparagraph shall be added to Article 3:






  ‘(m) | support planning for a reinforced EUSR office in the context of the closure of the Office of the High Representative (OHR), including advice on public information aspects of the transition, in close coordination with the Commission.’ |
| --- | --- | --- |

1.

the following subparagraph shall be added to Article 3:

‘(m)

support planning for a reinforced EUSR office in the context of the closure of the Office of the High Representative (OHR), including advice on public information aspects of the transition, in close coordination with the Commission.’

| 2. | Article 6(1) shall be replaced by the following:

  ‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR shall be EUR 1 090 000.’ |
| --- | --- |

2.

Article 6(1) shall be replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR shall be EUR 1 090 000.’

Article 2

This Joint Action shall enter into force on the day of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 25 July 2006.

For the Council

The President

E. TUOMIOJA

---

(1)  
  OJ L 26, 31.1.2006, p. 21.

1

---