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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1199/2006

of 8 August 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:

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 August 2006.

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

Done at Brussels, 8 August 2006.

For the Commission

Jean-Luc DEMARTY            

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 386/2005 (OJ L 62, 9.3.2005, p. 3).

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ANNEX

to Commission Regulation of 8 August 2006 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 1200/2006

of 8 August 2006         

opening a standing invitation to tender for the export of barley held by the Czech intervention agency in Belgium

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

Article 2

The invitation to tender shall cover a maximum of 53 665 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, Montenegro, Romania, Serbia (6), 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.

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 (7).

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 9.00 (Brussels time) on 10 August 2006.

The time-limit for submitting tenders under subsequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter, with the exception of 17 August 2006, 24 August 2006, 2 November 2006, 28 December 2006, 5 April 2007 and 17 May 2007, i.e. weeks in which no invitation to tender shall be made.

The last partial invitation to tender shall expire at 9.00 (Brussels time) on 28 June 2007.

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

Article 6

The intervention agency, the storer and a 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 security shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex II.

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 security shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex II.

Article 8

Should the cases mentioned in point (b) of the first subparagraph of Article 7(2) and in Article 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 II.

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 first request for a replacement, the successful tenderer shall be discharged of all obligations and the security shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex II.

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 III.

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

The Czech intervention agency shall communicate to the Commission tenders submitted within two hours of the expiry of the deadline for the submission of tenders laid down in Article 5(1). If no tenders are submitted, the Czech Republic shall communicate this to the Commission within the same time-limits. If the Czech Republic does not send a communication to the Commission within the given deadline, the Commission shall consider that no tender has been submitted in the Member State concerned.

The communications referred to in the first subparagraph shall be sent electronically, in accordance with the model in Annex IV. The tenderers shall not be identified.

Article 13

1.   In accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1784/2003 the Commission shall fix the minimum selling price, or decide to take no action in respect of the tenders received, in accordance with Article 10 of Regulation (EEC) No 2131/93.

2.   If the fixing of a minimum price, in accordance with paragraph 1, would lead to an overrun on the maximum quantity available to a Member State, an award coefficient may be fixed at the same time for the quantities offered at the minimum price in order to comply with the maximum quantity available to that Member State.

Article 14

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 August 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(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)OJ L 46, 16.2.2006, p. 3.

(5)  Notified to the Czech Republic on 17 June 2005, as amended by Decision 4013/2005 notified to the Czech Republic on 11 October 2005.

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

(7)OJ L 152, 24.6.2000, p. 1.

(8)OJ L 100, 20.4.2000, p. 31.

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ANNEX I

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ANNEX II

Communication to the Commission of refusal or possible replacement of lots under the standing invitation to tender for the export of barley held by the Czech intervention agency in Belgium

Model (*1)

(Regulation (EC) No 1200/2006)

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

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ANNEX III

Entries referred to in Article 10

—   in Spanish: Cebada de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) no 1200/2006

—   in Czech: Intervenční ječmen nepodléhá vývozní náhradě ani clu, nařízení (ES) č. 1200/2006

—   in Danish: Byg fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1200/2006

—   in German: Interventionsgerste ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1200/2006

—   in Estonian: Sekkumisoder, mille puhul ei rakendata toetust või maksu, määrus (EÜ) nr 1200/2006

—   in Greek: Κριθή παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1200/2006

—   in English: Intervention barley without application of refund or tax, Regulation (EC) No 1200/2006

—   in French: Orge d’intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) no 1200/2006

—   in Italian: Orzo d’intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1200/2006

—   in Latvian: Intervences mieži bez kompensācijas vai nodokļa piemērošanas, Regula (EK) Nr. 1200/2006

—   in Lithuanian: Intervenciniai miežiai, kompensacija ar mokesčiai netaikytini, Reglamentas (EB) Nr. 1200/2006

—   in Hungarian: Intervenciós árpa, visszatérítés, illetve adó nem alkalmazandó, 1200/2006/EK rendelet

—   in Dutch: Gerst uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1200/2006

—   in Polish: Jęczmień interwencyjny niedający prawa do refundacji ani do opłaty, rozporządzenie (WE) nr 1200/2006

—   in Portuguese: Cevada de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1200/2006

—   in Slovak: Intervenčný jačmeň nepodlieha vývozným náhradám ani clu, nariadenie (ES) č. 1200/2006

—   in Slovenian: Intervencija ječmena brez zahtevkov za nadomestila ali carine, Uredba (ES) št. 1200/2006

—   in Finnish: Interventio-ohra, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1200/2006

—   in Swedish: Interventionskorn, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1200/2006.

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ANNEX IV

Communication to the Commission of tenders received under the standing invitation to tender for the export of barley held by the Czech intervention agency in Belgium

Model (*1)

[Regulation (EC) No 1200/2006]

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

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

(2)  The commercial costs corresponding to insurance and services provision borne after the exit of 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 euro per tonne.

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            COMMISSION REGULATION (EC) No 1201/2006

of 8 August 2006         

fixing the weighting coefficients to be used in calculating the Community market price for pig carcases for the 2006/07 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), and in particular Article 4(6) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The weighting coefficients referred to in Article 4(2) of Regulation (EEC) No 2759/75 shall be as specified in the Annex to this Regulation.

Article 2

Regulation (EC) No 1358/2005 is hereby repealed.

Article 3

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

It shall apply from 1 July 2006.

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

Done at Brussels, 8 August 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 282, 1.11.1975, p. 1. Regulation last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)OJ L 149, 21.6.1993, p. 1. Directive last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(3)OJ L 214, 19.8.2005, p. 9.

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ANNEX

Weighting coefficients to be used in calculating the Community market price for pig carcasses for the 2006/07 marketing year

Article 4(2) of Regulation (EEC) No 2759/75

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 27 July 2006         

excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)

(notified under document number C(2006) 3331)

(Only the Spanish, Greek, English, French, Italian and Portuguese texts are authentic)

(2006/554/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), and in particular Article 5(2)(c) thereof,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (2), and in particular Article 7(4) thereof,

Having consulted the Fund Committee,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The expenditure itemised in the Annex hereto that has been incurred by the Member States' accredited paying agencies and declared under the EAGGF Guarantee Section shall be excluded from Community financing because it does not comply with Community rules.

Article 2

This Decision is addressed to the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 27 July 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Commission Regulation (EC) No 1287/95 (OJ L 125, 8.6.1995, p. 1).

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

(3)OJ L 158, 8.7.1995, p. 6. Regulation as last amended by Regulation (EC) No 465/2005 (OJ L 77, 23.3.2005, p. 6).

(4)OJ L 182, 16.7.1994, p. 45. Decision as last amended by Decision 2001/535/EC (OJ L 193, 17.7.2001, p. 25).

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ANNEX

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            COMMISSION DECISION         

of 3 August 2006         

amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat, fish and milk sectors in Poland

(notified under document number C(2006) 3462)

(Text with EEA relevance)

(2006/555/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Annex XII, Chapter 6, Section B, Subsection I(1), paragraph (e) thereto,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The establishments listed in the Annex to this Decision are deleted from Appendix B to Annex XII to the 2003 Act of Accession.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 August 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 156, 30.4.2004, p. 52, corrected by OJ L 202, 7.6.2004, p. 39.

(2)OJ L 160, 30.4.2004, p. 58, corrected by OJ L 212, 12.6.2004, p. 31.

(3)OJ L 160, 30.4.2004, p. 74, corrected by OJ L 212, 12.6.2004, p. 44.

(4)OJ L 86, 5.4.2005, p. 13.

(5)OJ L 200, 30.7.2005, p. 96.

(6)OJ L 316, 2.12.2005, p. 17.

(7)OJ L 10, 14.1.2006, p. 66.

(8)OJ L 70, 9.3.2006, p. 80.

(9)OJ L 156, 9.6.2006, p. 16.

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ANNEX

List of establishments to be deleted from Appendix B to Annex XII to the 2003 Act of Accession

Meat establishments

Initial list

Poultry meat

Initial list

Red meat low capacity establishments

Initial list

Fish sector

Initial list

Milk sector

Initial list

Establishments allowed to process EU compliant and non-compliant milk

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            COMMISSION DECISION         

of 4 August 2006         

amending Decision 92/452/EEC as regards certain embryo collection and production teams in the United States of America

(notified under document number C(2006) 3456)

(Text with EEA relevance)

(2006/556/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from the third day following its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 4 August 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 302, 19.10.1989, p. 1. Directive as last amended by Commission Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).

(2)OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2006/395/EC (OJ L 152, 7.6.2006, p. 34).

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ANNEX

The Annex to Decision 92/452/EEC is amended as follows:

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            COMMISSION DECISION         

of 8 August 2006         

amending Decision 2005/802/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of potassium chloride originating in the Russian Federation

(2006/557/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

PROCEDURE

HAS DECIDED AS FOLLOWS:

Article 1

Article 1 of Decision 2005/802/EC shall be replaced as follows:

‘Article 1

The undertakings offered by the exporting producers and companies mentioned below, in connection with the anti-dumping proceeding concerning imports of potassium chloride originating in the Russian Federation, are hereby accepted.

Article 2

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

Done at Brussels, 8 August 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

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(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).

(2)OJ L 308, 24.10.1992, p. 41. Regulation as last amended by Regulation (EC) No 1891/2005 (OJ L 302, 19.11.2005, p. 14).

(3)OJ L 112, 11.5.2000, p. 4.

(4)OJ L 182, 19.5.2004, p. 23.

(5)OJ L 183, 20.5.2004, p. 16. Regulation as amended by Regulation (EC) No 588/2005 (OJ L 98, 16.4.2005, p. 11).

(6)OJ L 143, 7.6.2005, p. 11.

(7)OJ L 302, 19.11.2005, p. 79.

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