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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1515/2005

of 19 September 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 20 September 2005.

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

Done at Brussels, 19 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

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).

----

ANNEX

to Commission Regulation of 19 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(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 1516/2005

of 19 September 2005         

opening a standing invitation to tender for the export of barley held by the Austrian intervention agency

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:

HAS ADOPTED THIS REGULATION:

Article 1

The Austrian intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall cover a maximum of 30 530 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the Former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.

Article 3

1.   No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.

2.   Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.

3.   Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.

4.   Pursuant to Article 7(2a) of Regulation (EEC) No 2131/93, the lowest transport costs between the place of storage and the actual place of exit shall be reimbursed to the successful tenderer, up to the ceiling set in the invitation to tender.

Article 4

1.   Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.

2.   Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000 (5).

Article 5

1.   Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 09.00 (Brussels time) on 29 September 2005.

The time limit for submitting tenders under subsequent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, there being no invitation to tender in the weeks concerned.

The closing date for the submission of tenders for the last partial tendering procedure shall be 22 June 2006 at 09.00 (Brussels time).

2.   Tenders must be lodged with the Austrian intervention agency:

Article 6

The intervention agency, the storer and the successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.

Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer’s request or within three working days if the samples are taken on removal from storage.

In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.

Article 7

1.   The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:

2.   If the final result of the analyses carried out on the samples indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender and the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:

In the case of (b) above, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

3.   Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.

Article 8

Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of barley of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer’s request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.

If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex I.

Article 9

1.   If the barley is removed before the results of the analyses provided for in Article 6 are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress the tenderer might have against the storer.

2.   The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.

Article 10

Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of barley under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry one of the entries set out in Annex II.

Article 11

1.   The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.

2.   Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.

Article 12

Within two hours of the expiry of the time limit for the submission of tenders, the Austrian intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.

Article 13

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, 19 September 2005.

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).

(2)OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

(3)OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

(4)  Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

(5)OJ L 152, 24.6.2000, p. 1. Regulation as amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(6)OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

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ANNEX I

Communication of refusal and possible replacement of lots under the standing invitation to tender for the export of barley held by the Austrian intervention agency

(Regulation (EC) No 1516/2005)

----

ANNEX II

Entries referred to in Article 10

----

ANNEX III

Standing invitation to tender for the export of barley held by the Austrian intervention agency

Form (*1)

(Regulation (EC) No 1516/2005)

----

(*1)  To be sent to DG AGRI (Unit D.2).

(1)  This price includes the increases and reductions relating to the lot covered by the tender.

(2)  The commercial costs corresponding to insurance and services provision borne after exit from the intervention stock up to the fob stage at the port of export, with the exception of transport costs. The notified costs shall be established on the basis of the average real costs recorded by the intervention agency in the six months preceding the opening of the tendering period and shall be expressed in EUR per tonne.

----

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            COMMISSION REGULATION (EC) No 1517/2005

of 19 September 2005         

on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98 (2),

Having regard to Commission Regulation (EC) No 2247/2003 of 19 December 2003 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 2286/2002 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) (3), and in particular Article 5 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The following Member States shall issue on 21 September 2005 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:

Article 2

Licence applications may be submitted, pursuant to Article 4(2) of Regulation (EC) No 2247/2003, during the first 10 days of October 2005 for the following quantities of boned beef and veal:

Article 3

This Regulation shall enter into force on 21 September 2005.

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

Done at Brussels, 19 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(2)OJ L 348, 21.12.2002, p. 5.

(3)OJ L 333, 20.12.2003, p. 37. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(4)OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

----

----

            COMMISSION REGULATION (EC) No 1518/2005

of 19 September 2005         

amending Annexes I and III 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 acetylisovaleryltylosin and fluazuron

(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 Article 2 and the third paragraph of Article 4 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 III 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 19 November 2005.

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

Done at Brussels, 19 September 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1356/2005 (OJ L 214, 19.8.2005, 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 is inserted in Annex I (List of pharmacologically active substances for which maximum residue limits have been fixed)

‘1.   Anti-infectious agents

1.2.   Antibiotics

1.2.4.   Macrolides

B.   The following substance is inserted in Annex III (List of pharmacologically active substances used in veterinary medicinal products for which provisional maximum residue limits have been fixed)

‘2.   Antiparasitic agents

2.2.   Agents acting against ectoparasites

2.2.5.   Acyl urea derivates

----

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

(2)  Provisional MRLs expire on 1.1.2007.

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

----

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            COMMISSION REGULATION (EC) No 1519/2005

of 19 September 2005         

opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2006 under certain GATT quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 30 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Export licences for products falling within CN code 0406 and listed in Annex I to this Regulation to be exported to the United States of America in 2006 under the quotas referred to in Article 20(1) of Regulation (EC) No 174/1999 shall be issued in accordance with Article 20 of Regulation (EC) No 174/1999 and this Regulation.

Article 2

1.   Applications for provisional licences referred to in Article 20(2) of Regulation (EC) No 174/1999 (hereinafter applications) shall be lodged with the competent authorities from 26 to 30 September 2005 at the latest.

2.   Applications shall be admissible only if they contain all the information referred to in Article 20(2) of Regulation (EC) No 174/1999 and if they are accompanied by the documents referred to therein.

Where, for the same group of products referred to in column 2 of Annex I to this Regulation the available quantity is divided between the Uruguay Round quota and the Tokyo Round quota, licence applications may cover only one of those quotas and shall indicate the quota concerned, specifying the identification of the group and of the quota indicated in column 3 of Annex I.

Information referred to in Article 20(2) of Regulation (EC) No 174/1999 shall be presented in accordance with the model set out in Annex II to this Regulation.

3.   As regards the quotas identified by 22-Tokyo and 22-Uruguay in column 3 of Annex I, applications shall cover at least 10 tonnes and shall not exceed the quantity available under the quota concerned as set out in column 4 of that Annex.

As regards the other quotas indicated in column 3 of Annex I, applications shall cover at least 10 tonnes and no more than 40 % of the quantity available under the quota concerned as set out in column 4 of that Annex.

4.   Applications shall be admissible only if applicants declare in writing that they have not lodged other applications for the same group of products and the same quota and undertake not to do so.

If an applicant lodges several applications for the same group of products and the same quota in one or more Member States, all his applications shall be deemed inadmissible.

5.   For the purposes of Article 1(1) of Regulation (EC) No 174/1999, all applications lodged within the time limit referred to in paragraph 1 of this Article shall be deemed to have been lodged on 26 September 2005.

Article 3

1.   Member States shall notify the Commission, within five working days after the end of the period for lodging applications, of the applications lodged for each of the groups of products and, where applicable, the quotas indicated in Annex I.

All notifications, including ‘nil’ notifications, shall be made by fax on the model form set out in Annex III.

2.   Notification shall comprise for each group and, where applicable, for each quota:

Article 4

The Commission shall, pursuant to Article 20(3), (4) and (5) of Regulation (EC) No 174/1999, determine the allocation of licences without delay and shall notify the Member States thereof by 31 October 2005 at the latest.

Member States shall notify the Commission, within five working days after publication of the allocation coefficients of provisional licences, for each group and, where applicable, for each quota, the quantities by applicant, for which provisional licences have been allocated in accordance to Article 20(4) of Regulation (EC) No 174/1999.

The notification shall be made by fax on the model form set out in Annex IV to this Regulation.

Article 5

The information notified under Article 3 of this Regulation and under Article 20(2) of Regulation (EC) No 174/1999 shall be verified by the Member States before the full licences are issued and by 31 December 2005 at the latest.

Where it is found that incorrect information has been supplied by an operator to whom a provisional licence has been issued, the licence shall be cancelled and the security forfeited. The Member States shall communicate it to the Commission without any delay.

Article 6

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

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

Done at Brussels, 19 September 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 1513/2005 (OJ L 241, 17.9.2005, p. 45).

----

ANNEX I

Cheese to be exported to the United States of America in 2006 under certain GATT quotas

(Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1513/2005)

----

ANNEX II

Presentation of information required pursuant to Article 20(2) of Regulation (EC) No 174/1999
Text of image

Idenfication of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1513/2005:

Name of group indicated in column 2 of Annex I to Regulation (EC) No 1513/2005:

Origin of quota: Uruguay Round: Tokyo Round:

Name/address of applicant

Product code of the Combined Nomenclature

Quantity applied for in tonnes

Export to the United States of America in 2002-2004

Harmonised Tariff Schedule of the USA code

Name/address of designated importer

Importer is subsidiary (1)

In each of the 3 years

In at least 1 of the 3 years

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

(1) Or deemed to be a subsidiary according to Article 20(2) of Regulation (EC) No 174/1999.

----

ANNEX III

Presentation of information required pursuant to Article 20(2) of Regulation (EC) No 174/1999
Text of image

Idenfication of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1513/2005:

Name of group indicated in column 2 of Annex I to Regulation (EC) No 1513/2005:

Origin of quota: Uruguay Round: Tokyo Round:

No

Name/address of

applicant

Product code of the Combined Nomenclature

Quantity applied for in tonnes

Export to the United States of America in 2002-2004

Harmonised Tariff Schedule of the USA code

Name/address of designated importer

Importer is subsidiary (1)

In each of the 3 years

In at least 1 of the 3 years

1

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

2

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

3

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

4

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

5

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Total:

(1) Or deemed to be a subsidiary according to Article 20(2) of Regulation (EC) No 174/1999.

----

ANNEX IV

Presentation of granted provisional licences in accordance to Article 20(4) of Regulation (EC) No 174/1999
Text of image

Identification of group and quota referred to in column 3 of Annex I to Regulation (EC)

No 1513/2005:

Origin of the quota

Name/address of applicant

Product code of the Combined Nomenclature

Quantity applied for in tonnes

Name/address of designated importer

Allocated Quantity (1)

in tonnes

Uruguay round

Tokyo round

Total:

Total:

Uruguay round

Tokyo round

Total:

Total:

Uruguay round

Tokyo round

Total:

Total:

Uruguay round

Tokyo round

Total:

Total:

Uruguay round

Tokyo round

Total:

Total:

(1) Quantities allocated by drawing lots shall be distributed among the individual CN codes in proportion to the quantities of product by CN code applied for.

----

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            COMMISSION REGULATION (EC) No 1520/2005

of 19 September 2005         

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 20 September 2005.

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

Done at Brussels, 19 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(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. 16).

(2)OJ L 141, 24.6.1995, p. 16. Regulation as last amended by Regulation (EC) No 624/98 (OJ L 85, 20.3.1998, p. 5).

(3)OJ L 170, 1.7.2005, p. 35.

(4)OJ L 225, 31.8.2005, p. 15.

----

ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99  applicable from 20 September 2005

----

(1)  Fixed for the standard quality defined in Annex I.II to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(2)  Fixed for the standard quality defined in Annex I.I to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(3)  Fixed per 1 % sucrose content.

----

----

            COMMISSION DIRECTIVE 2005/54/EC

of 19 September 2005         

amending Council Directive 91/414/EEC to include tribenuron as active substance

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.

Article 2

Member States shall adopt and publish by 31 August 2006 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 September 2006.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing tribenuron as an active substance by 31 August 2006.

By that date they shall in particular verify that the conditions in Annex I to that Directive relating to tribenuron are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.

2.   By derogation from paragraph 1, for each authorised plant protection product containing tribenuron as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 28 February 2006 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning tribenuron. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.

Following that determination Member States shall:

Article 4

This Directive shall enter into force on 1 March 2006.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 19 September 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).

(2)OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3)OJ L 98, 7.4.2001, p. 6.

(4)  EFSA Scientific Report (2004) 15, 1-52o, Peer review of the pesticide risk assessment of tribenuron (finalised: 19 October 2004).

(5)OJ L 366, of 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

----

ANNEX

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EC.

----

(1)  Further details on identity and specification of active substance are provided in the review report.

----

II Acts whose publication is not obligatory

Commission

----

            COMMISSION DECISION         

of 15 September 2005         

concerning a financial contribution by the Community in the context of the vaccination campaigns against bluetongue in France in 2004 and 2005

(notified under document number C(2005) 3445)

(Only the French text is authentic)

(2005/659/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 9(2) thereof,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (2), and in particular Article 3(3), (4) and (5), second indent, thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Approval of the vaccination campaign

The bluetongue vaccination campaign implemented by France in Corsica, in the zones listed in Annex I to Decision 2005/393/EC, is approved.

Article 2

Granting of a financial contribution from the Community to France

For the purposes of combating bluetongue in 2004 and during the first half of 2005, France is entitled, for the campaign of vaccination against bluetongue in Corsica, to a financial contribution from the Community amounting to:

Article 3

Definition

The following definition applies to this Decision:

               ‘reasonable payments’ means payments for the purchase of materials or services at proportionate prices compared to the market prices before the vaccination campaign.

Article 4

Payment arrangements

1.   Subject to the results of the inspections referred to in Article 7, an initial instalment of EUR 150 000 shall be paid, as part of the Community financial contribution mentioned in Article 2, on the basis of supporting documents submitted by France relating to the vaccination of animals.

2.   The balance of the Community financial contribution mentioned in Article 2 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 41 of Decision 90/424/EEC.

Article 5

The eligible expenditure covered by the financial contribution from the Community

The financial contribution from the Community as referred to in Article 2 shall only be made in respect of justified and reasonable payments relating to the authorised expenditure mentioned in Article 2.

Article 6

Payment conditions and supporting documents

1.   The financial contribution from the Community as referred to in Article 2 shall be paid on the basis of:

The documents referred to at (b) shall be made available for on-the-spot audits by the Commission.

2.   The application referred to in paragraph 1(a) must be submitted in computerised form, in accordance with the Annexes, within 60 calendar days of the date of notification of this Decision. If this time limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.

Article 7

Commission in situ inspections

The Commission, in collaboration with the competent French authorities, may conduct in situ inspections relating to the implementation of the measures referred to in Article 1 and the associated costs.

Article 8

Recipients

This Decision is addressed to the French Republic.

Done at Brussels, 15 September 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 327, 22.12.2000, p. 74.

(2)OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

(3)OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2005/603/EC (OJ L 206, 9.8.2005, p. 11).

(4)OJ L 160, 26.6.1999, p. 103.

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ANNEX

Application for a contribution towards the eligible costs associated with the bluetongue vaccination campaign

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            COMMISSION DECISION         

of 15 September 2005         

concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Portugal in 2004 and 2005

(notified under document number C(2005) 3446)

(Only the Portuguese text is authentic)

(2005/660/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 9(2) thereof,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (2), and in particular Article 3(3), (4) and (5), second indent, and Article 5(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Approval of the vaccination campaign

The bluetongue vaccination campaign implemented by Portugal in the zones listed in Annex I to Decision 2005/393/EC is approved.

Article 2

Granting of a financial contribution from the Community to Portugal

In the context of the emergency measures taken to combat bluetongue in 2004 and 2005, Portugal is entitled to a financial contribution from the Community:

Article 3

Definitions

The following definitions apply to this Decision:

Article 4

Payment arrangements

1.   Subject to the results of the inspections referred to in Article 7, an initial instalment of EUR 1 000 000 shall be paid, as part of the Community financial contribution mentioned in Article 2, on the basis of supporting documents submitted by Portugal relating to the swift and adequate compensation of owners for the compulsory slaughter of animals, the destruction of animals, disinsectisation of the holding and, where applicable, vaccination of animals.

2.   The balance of the Community financial contribution mentioned in Article 2 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 41 of Decision 90/424/EEC.

Article 5

The eligible expenditure covered by the financial contribution from the Community

1.   The financial contribution from the Community as referred to in Article 2 shall only be made in respect of justified and reasonable payments for the eligible costs as set out in Annex I.

2.   Non-compliance by the Portuguese authorities with the payment deadline referred to in Article 3(a) shall lead to a reduction in the eligible amounts, in accordance with the rules below:

However, the Commission may apply a different scale and/or lower reduction rates (or a zero reduction rate) if specific management conditions can be demonstrated for certain measures or if Portugal provides a well grounded justification for the delay.

3.   The financial contribution from the Community as referred to in Article 2 shall exclude:

Article 6

Payment conditions and supporting documents

1.   The financial contribution from the Community as referred to in Article 2 shall be paid on the basis of:

The documents referred to in (b) shall be made available for on-the-spot audits by the Commission.

2.   The application referred to in paragraph 1(a) must be submitted in computerised form, in accordance with Annexes II, IIIa and IIIb, within 60 calendar days of the date of notification of this Decision. If this time limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.

Article 7

Commission in situ inspections

The Commission, in collaboration with the competent Portuguese authorities, may conduct in situ inspections relating to the implementation of the measures referred to in Article 2 and the associated costs.

Article 8

Recipients

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 15 September 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 327, 22.12.2000, p. 74.

(2)OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

(3)OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2005/603/EC (OJ L 206, 9.8.2005, p. 11).

(4)OJ L 160, 26.6.1999, p. 103.

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ANNEX I

Eligible expenditure, as referred to in Article 5(1)

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ANNEX II

Application for a contribution towards compensation for the cost of animals compulsorily slaughtered

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ANNEX IIIa

Application for a contribution towards compensation for other eligible costs associated with the compulsory slaughter

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ANNEX IIIb

Application for a contribution towards compensation for other eligible costs associated with the bluetongue vaccination campaign

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Corrigenda

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Corrigendum to Commission Regulation (EC) No 2139/2004 of 8 December 2004 adapting and implementing Council Regulation (EEC) No 571/88 and amending Commission Decision 2000/115/EC with a view to the organisation of Community surveys on the structure of agricultural holdings in 2005 and 2007

(Official Journal of the European Union L 369 of 16 December 2004)

On page 34, in Annex I, under ‘I. Successive secondary cropping, mushrooms, irrigation and set-aside of arable land’:

for:

read:

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