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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 866/2005

of 6 June 2005         

extending the definitive anti-dumping measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Existing measures and former investigations

2.   Request

3.   Initiation

4.   Investigation

5.   Investigation period

6.   Disclosure

B.   RESULTS OF THE INVESTIGATION

1.   General considerations

2.   Degree of cooperation and determination of the import volume

3.   Methodology

4.   Product concerned and like product

5.   Change in the pattern of trade

The Philippines

Pakistan

Vietnam

6.   Conclusion on the change in the pattern of trade

7.   The Philippines

(a)   Nature of the circumvention practice

(b)   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

(e)   Conclusion

8.   Pakistan

(a)   Nature of the circumvention practice

(b)   Insufficient due cause or no economic justification other than the imposition of the anti-dumping duty

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

9.   Vietnam

(a)   General considerations

(b)   Nature of the circumvention practice

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

C.   CONCLUSIONS

D.   REQUESTS FOR EXEMPTION

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty of 66,1 % imposed by Regulation (EC) No 1470/2001 on imports of electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, falling within CN code ex 8539 31 90 originating in the People’s Republic of China, is hereby extended to electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot consigned from Vietnam, Pakistan and/or the Philippines whether declared as originating in Vietnam, Pakistan or the Philippines or not (TARIC code 85393190*92).

2.   The duties extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

3.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

2.   In accordance with Article 13(4) of Regulation (EC) No 384/96, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies, which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 1470/2001, from the duty extended by Article 1.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EC) No 1582/2004.

Article 4

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

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

Done at Luxembourg, 6 June 2005.

For the Council

The President

J. KRECKÉ            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 195, 19.7.2001, p. 8.

(3)OJ C 244, 10.10.2002, p. 2.

(4)OJ L 71, 10.3.2004, p. 35.

(5)OJ L 289, 10.9.2004, p. 54.

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            COMMISSION REGULATION (EC) No 867/2005

of 8 June 2005         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

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 9 June 2005.

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

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

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ANNEX

to Commission Regulation of 8 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

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(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’.

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            COMMISSION REGULATION (EC) No 868/2005

of 8 June 2005         

opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EC) No 1784/2003 on maize to be imported into Spain.

2.   Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall be open until 28 July 2005. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.

Article 3

Import licences issued under these invitations to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.

Article 4

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, 8 June 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 336, 23.12.1994, p. 22.

(3)OJ L 177, 28.7.1995, p. 4. Regulation last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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            COMMISSION REGULATION (EC) No 869/2005

            of 8 June 2005         

amending Annexes I and II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin as regards ivermectin and carprofen

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (1), and in particular Articles 2 and 3 thereof,

Having regard to the opinions of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EEC) No 2377/90 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 8 August 2005.

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

Done at Brussels, 8 June 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

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(1)OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 712/2005 (OJ L 120, 12.5.2005, p. 3).

(2)OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28/EC (OJ L 136, 30.4.2004, p. 58).

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ANNEX

A.   The following substance(s) is(are) inserted in Annex I to Regulation (EEC) No 2377/90

2.   Antiparasitic agents

2.3.   Agents acting against endo- and ectoparasites

2.3.1.   Avermectins

4.   Anti-inflammatory agents

4.1.   Nonsteroidal anti-inflammatory agents

4.1.1.   Arylpropionic acid derivative

B.   The following substance(s) is(are) inserted in Annex II to Regulation (EEC) No 2377/90

8.   Anti-inflammatory agents

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(1)  Not for use in animals from which milk is produced for human consumption.’         

(2)  For bovine milk only.’         

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            COMMISSION REGULATION (EC) No 870/2005

of 8 June 2005         

on granting of import licences for cane sugar for the purposes of certain 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 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (2),

Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (3), and in particular Article 5(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In the case of import licence applications presented from 30 May to 3 June 2005 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 9 June 2005.

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

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 2).

(2)OJ L 146, 20.6.1996, p. 1.

(3)OJ L 162, 1.7.2003, p. 25. Regulation as last amended by Regulation (EC) No 568/2005 (OJ L 97, 15.4.2005, p. 9).

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ANNEX

ACP-INDIA preferential sugar

Title II of Regulation (EC) No 1159/2003

2004/05 marketing year

2005/06 marketing year

Special preferential sugar

Title III of Regulation (EC) No 1159/2003

2004/05 marketing year

CXL concessions sugar

Title IV of Regulation (EC) No 1159/2003

2004/05 marketing year

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            COMMISSION REGULATION (EC) No 871/2005

of 8 June 2005         

laying down the reduction coefficient to be applied under tariff subquota III for common wheat of a quality other than high quality opened by Regulation (EC) No 2375/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 2375/2002 of 27 December 2002 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EEC) No 1766/92 (2), and in particular Article 5(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Each application for an import licence for subquota III for common wheat of a quality other than high quality lodged and forwarded to the Commission on 6 June 2005 in accordance with Article 5(1) and (2) of Regulation (EC) No 2375/2002 shall be accepted at a rate of 6,19683 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 9 June 2005.

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

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 358, 31.12.2002, p. 88. Regulation as last amended by Regulation (EC) No 1111/2003 (OJ L 158, 27.6.2003, p. 21).

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II Acts whose publication is not obligatory

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

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EFTA SURVEILLANCE AUTHORITY DECISION         

No 218/03/COL

of 12 November 2003         

with regard to state aid in the form of regionally differentiated social security contributions — Norway

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Protocol 3 thereof,

Having regard to the Authority’s Guidelines (3) on the application and interpretation of Articles 61 and 62 of the EEA Agreement,

Having regard to the Authority’s decision to propose appropriate measures to Norway (4),

Having regard to the EEA Joint Committee Decision No 88/2002 of 25 June 2002 (5) incorporating into Annex XV to the EEA Agreement Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (6),

Having called on interested parties to submit their comments pursuant to the provisions cited above (7),

Whereas the Norwegian authorities by letter dated 26 March 2003 notified to the Authority a three-year transitional period for the regionally differentiated social security contributions as well as a new direct transport aid scheme,

Whereas the present decision only concerns the notification of a three-year transitional period for the regionally differentiated social security contributions, and not the notification of a new direct transport aid scheme,

HAS ADOPTED THIS DECISION:

Done at Brussels, 12 November 2003.

For the EFTA Surveillance Authority

Einar M. BULL            

President

Hannes HAFSTEIN            

College Member

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(1)  Hereinafter referred to as the EEA Agreement.

(2)  Hereinafter referred to as the Surveillance and Court Agreement.

(3)  Procedural and Substantive Rules in the Field of State Aid (State Aid Guidelines), adopted and issued by the EFTA Surveillance Authority on 19 January 1994. Published in the Official Journal of the European Communities L 231 of 3 September 1994, p. 1. The Guidelines were last amended 5 November 2003 (not yet published in the Official Journal).

(4)  Decision of the EFTA Surveillance Authority No 172/02/COL (OJ C 52, 6. 3.2003, p. 16) and EEA Supplement No 13, 16.3.2003, p. 1.

(5)OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002, p. 42.

(6)OJ L 10, 13. 1.2001, p. 30.

(7)  EFTA Surveillance Authority Decision No 141/03/COL of 16 July 2003 (OJ C 216, 11. 9.2003, p. 3) and EEA Supplement No 45, 11.09.2003, p. 1.

(8)  EFTA Surveillance Authority Decision No 141/03/COL of 16 July 2003 (OJ C 216, 11.9.2003, p. 3) and EEA Supplement No 45, 11. 9.2003, p. 1.

(9)  EFTA Surveillance Authority Decision No 228/99/COL (OJ C 3, 6.1.2000, p. 3) and EEA Supplement No 1, 6.1.2000.

(10)OJ L 244, 14. 9.2001, p. 32.

(11)  Decision No 172/02/COL.

(12)  The Standing Committee of the EFTA States decided on 1 July 2003 (No 2/2003/SC) that the present scheme in zone 5 is compatible with the functioning of the EEA Agreement due to the exceptional circumstances in this zone (see point 1 above).

(13)              ‘En analyse av regionale virkninger av omlegging av differensiert arbeidsgiveravgift’. Møreforskning, arbeidsrapport M 0309, see website: www.mfm.no

(14)  EFTA Court Case E-6/98, The Government of Norway v EFTA Surveillance Authority [1999] Report of the EFTA Court, p. 74.

(15)  EFTA Surveillance Authority Decision No 228/99/COL (OJ C 3, 6. 1.2000, p. 3) and EEA Supplement No 1, 6.1.2000.

(16)  Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 10, 13.1.2001, p. 30), as incorporated into the EEA Agreement by Decision No 88/2002 of 25 June 2002 of the EEA Joint Committee (OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002). Cumulation rules ensure that overall de minimis aid will not exceed the threshold of EUR 100 000 in the course of three years (see Commission Regulation (EC) No 69/2001).

(17)  See for example Articles 8(3), 20 and Protocols 3 and 9 to the EEA Agreement, as well as Article 24 of the Surveillance and Court Agreement.

(18)  The Authority noted that the Commission also authorised transitional arrangements. See for example Commission Decision No 88/318/EEC of 2 March 1988 on Law No 64 of 1 March 1986 on aid to the Mezzogiorno (OJ L 143, 10.06.1988, p. 37); State aid No 586/2002 — Italy — Aid measures in favour of cableway installations introduced with L.R. 9/98, Regione Lombardia.

(19)  Case C-24/95 Land Rheinland-Pfalz v Alcan Deutschland [1997] ECR I-1591.

(20)  As regards the Norwegian Government’s argument that the Authority had sent ‘no clear signals’, the Authority maintains its view as expressed in its Decision of 16 July 2003 in point 3.1.

(21)  State Aid Guidelines, Chapter 25.4.

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ANNEX

GEOGRAPHICAL ZONES AND CURRENT (2003) TAX RATES

—   Zone I: 14,1 % tax.

This zone includes all municipalities not mentioned below under zones II to V.

—   Zone II: 10,6 % tax.

This zone includes:

—   Zone III: 6,4 % tax.

This zone includes:

—   Zone IV: 5,1 % tax.

This zone includes:

—   Zone V: 0 % tax.

This zone includes:

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Corrigenda

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Corrigendum to Council Directive 89/682/EEC of 21 December 1989 amending Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors

(Official Journal of the European Communities L 398 of 30 December 1989)

On page 30, Article 1, point 4:

for:

read:

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