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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 2077/2005

of 19 December 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 December 2005.

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

Done at Brussels, 19 December 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 386/2005 (OJ L 62, 9.3.2005, p. 3).

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ANNEX

to Commission Regulation of 19 December 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 2078/2005

of 19 December 2005         

opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)

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:

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender for the allocation of A3 export licences is hereby opened. The products concerned, the tender submission period, the indicative refund rates and the scheduled quantities are laid down in the Annex hereto.

2.   The licences issued in respect of food aid as referred to in Article 16 of Commission Regulation (EC) No 1291/2000 (4) shall not count against the eligible quantities in the Annex hereto.

3.   Notwithstanding Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of the A3 licences shall be two months.

Article 2

This Regulation shall enter into force on 5 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(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).

(2)OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(3)OJ L 366, 24.12.1987, p. 1. Regulation, as last amended by Regulation (EC) No 558/2005 (OJ L 94, 13.4.2005, p. 22).

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

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ANNEX

Opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)

Tender submission period: 5-6 January 2006.

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(1)  The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

(2)  The ‘            A            ’ series destination codes are defined in Annex II to Regulation (EEC) No 3846/87. The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). The other destinations are defined as follows:

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            COMMISSION REGULATION (EC) No 2079/2005

of 19 December 2005         

amending Regulation (EC) No 883/2001, Council Regulation (EC) No 1037/2001 and Regulation (EC) No 2303/2003 regarding the prolongation of certain derogations relating to wine certification, labelling and oenological processes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 53 and Article 68(3) thereof,

Having regard to Council Decision 2005/798/EC of 14 November 2005, concerning the conclusion of an Agreement in the form of an exchange of letters between the European Community and the United States of America on matters related to trade in wine (2), and in particular Article 3 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In Article 27 of Regulation (EC) No 883/2001, paragraph 2 is replaced by the following:

‘2.   Article 24(2) and Article 26 shall apply until the date of application of Articles 4 and 9 of the Agreement between the European Community and the United States of America on trade in wine but no later than three years from the date of entry into force of the Agreement in the form of an exchange of letters between the European Community and the United States of America on matters related to trade in wine (*1).

Article 2

Regulation (EC) No 1037/2001 is amended as follows:

Article 3

The second subparagraph of Article 2 of Regulation (EC) No 2303/2003 is replaced by the following:

‘It shall apply until the date of application of Articles 4 and 9 of the Agreement between the European Community and the United States of America on trade in wine but no later than three years from the date of entry into force of the Agreement in the form of an exchange of letters between the European Community and the United States of America on matters related to trade in wine (*3).

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, 19 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

(2)OJ L 301, 18.11.2005, p. 14.

(3)OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 1747/2005 (OJ L 280, 25.10.2005, p. 9).

(4)OJ L 342, 30.12.2003, p. 5.

(5)OJ L 145, 31.5.2001, p. 12. Regulation as amended by Regulation (EC) No 2324/2003 (OJ L 345, 31.12.2003, p. 24).

(6)OJ L 301, 18.11.2005, p. 16.

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            COMMISSION REGULATION (EC) No 2080/2005

of 19 December 2005         

laying down detailed rules for the application of Council Regulation (EC) No 865/2004 as regards operators’ organisations in the olive sector, their work programmes and the financing thereof

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 (1), and in particular Article 9 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down detailed rules for the application of Articles 7 and 8 of Regulation (EC) No 865/2004 as regards the approval of operators’ organisations, the measures that are eligible for Community financing, the approval of work programmes, and the implementation of approved work programmes.

Article 2

Conditions for approving operators’ organisations in the olive sector

1.   Member States shall approve operators’ organisations eligible for Community financing of work programmes as referred to in Article 8 of Regulation (EC) No 865/2004.

2.   Member States shall draw up the conditions for approval, which shall include at least the following:

3.   In evaluating the applications for approval submitted by operators’ organisations, Member States shall consider in particular the following aspects:

Article 3

Procedure for approving operators’ organisations in the olive sector

1.   For the purposes of approval, operators’ organisations in the olive sector must lodge, by a date to be determined by the Member State but no later than 15 February each year, an application demonstrating that they meet the conditions laid down in Article 2(2).

The application for approval shall be drawn up in accordance with a model provided by the competent authority in the Member State in order to be able to monitor compliance with the conditions provided for in Article 2(2). It shall include elements allowing the identification of each member of the operators’ organisation.

2.   No later than 1 April of each year of implementation of the approved work programme, the operators’ organisation shall be approved by the Member State and shall receive an approval number.

3.   Approval shall be rejected, suspended or withdrawn immediately if the operators’ organisation does not meet the conditions referred to in Article 2(2).

4.   Nevertheless, the operators’ organisation shall retain the rights which devolve from its approval until the moment that its approval is withdrawn, provided that it acted in good faith as regards conformity with the conditions referred to in Article 2(2).

Where approval is withdrawn because the operators’ organisation has failed deliberately or as a result of serious negligence to comply with the conditions for approval referred to in Article 2(2), the decision to withdraw approval shall take effect from the date from which the conditions for approval are no longer being fulfilled.

5.   Approval shall be rejected, suspended or withdrawn immediately if the operators’ organisation:

6.   Operators’ organisations which have been approved by the Member State under Regulation (EC) No 1334/2002 and/or have received financing for the work programmes of operators’ organisations in the marketing years from 2002/03 to 2004/05 may be deemed approved under this Regulation if they meet the conditions referred to in Article 2(2).

Article 4

Community financing

1.   The annual Community financing for the work programmes of operators’ organisations shall be provided up to the amount withheld in accordance with Article 110i(4) of Regulation (EC) No 1782/2003.

Member States shall ensure that the annual expenditure for the implementation of approved work programmes does not exceed the amount referred to in the first subparagraph.

2.   Member States shall ensure that the Community financing is allocated proportionately over the period provided for in Article 8(1).

Article 5

Measures eligible for Community financing

1.   The measures eligible for Community financing under Article 8(1) of Regulation (EC) No 865/2004 (hereinafter eligible measures) shall be as follows:

As regards the measure provided for in point (c)(ii) of the first subparagraph, Member States shall ensure that appropriate provisions are made in order to recover the investment or its residual value if the member leaves the operators’ organisation.

2.   Member States may adopt additional conditions specifying the eligible measures, provided that these do not render their presentation or implementation impossible.

Article 6

Allocation of Community financing

In each Member State a minimum percentage of 20 % of the amount of Community financing available under Article 8 of Regulation (EC) No 865/2004 shall be allocated to the area referred to in point (b) of the first subparagraph of Article 5(1), and a minimum percentage of 12 % of that Community financing shall be allocated to the area referred to in point (d) of the first subparagraph of Article 5(1).

If the minimum percentage referred to in the first subparagraph cannot be fully used in the areas of measures mentioned therein, the amounts which have not been used may not be allocated to other areas of measures but shall be returned to the Community budget.

Article 7

Activities and costs ineligible for Community financing

1.   The following activities shall not be eligible for Community financing under Article 8 of Regulation (EC) No 865/2004:

2.   To ensure compliance with paragraph 1(a), operators’ organisations shall undertake in writing, on behalf of themselves and their members, to refuse any financing under another Community or national aid scheme for measures which are actually financed under Article 8 of Regulation (EC) No 865/2004.

3.   In the implementation of the measures referred to in Article 5, costs incurred as a result of the following shall not be eligible for Community financing:

4.   Member States may adopt additional conditions giving further details of the ineligible activities and costs referred to in paragraphs 1 and 3.

Article 8

Work programmes and applications for approval

1.   The work programmes eligible for Community financing under Article 8(1) of Regulation (EC) No 865/2004 shall be carried out over a maximum period of three years. The first period shall begin on 1 April 2006. The following periods shall begin every three years on 1 April.

2.   Each operators’ organisation approved under this Regulation may lodge an application for approval for one single work programme by a date to be determined by the Member State but no later than 15 February each year.

The application for approval shall contain the following elements:

Article 9

Selection and approval of work programmes

1.   Member States shall select the work programmes on the basis of the following criteria:

Member States shall take account of the distribution of applications among the different types of operators’ organisations in each regional area.

2.   Member States shall reject any work programmes that are incomplete or contain inaccurate information, or include any of the ineligible activities provided for in Article 7.

3.   No later than 15 March each year, Member States shall inform operators’ organisations which work programmes have been approved and, where applicable, to which work programmes they have granted the corresponding national financing.

Final approval of a work programme may be made subject to the incorporation of amendments judged necessary by the Member State. In this case, the operators’ organisation concerned shall communicate its agreement within 15 days of the notification of amendments.

4.   Should the proposed work programme not be selected, the Member State shall immediately release the security referred to in Article 8(2)(g).

5.   Member States shall ensure that the amount of Community financing is allocated within each category of operators’ organisation taking account of the value of olive oil produced or marketed by the members of the operators’ organisation.

Article 10

Amendments to work programmes

1.   Operators’ organisations may, in accordance with a procedure laid down by the Member State, request amendments to the content and budget of their approved work programme, provided that this does not involve an overrun on the amount withheld pursuant to Article 110i(4) of Regulation (EC) No 1782/2003.

2.   Requests for amendment to a work programme shall be accompanied by supporting documents setting out the reasons for and the nature and implications of the proposed changes. Such requests shall be submitted by the operators’ organisation to the competent authority at least six months before the planned start of implementation of the measure in question.

3.   Where operators’ organisations with previously separate work plans have merged, they shall operate the plans in parallel and separately until 1 January of the year following the merger. These organisations shall merge their work programmes by means of an application to amend their respective work programmes, in accordance with paragraphs 1 and 2.

Notwithstanding the first subparagraph, the Member States may authorise the operators’ organisations which so request, for duly substantiated reasons, to implement their respective work programmes without merging them.

4.   No later than two months after receiving the amendment request referred to in paragraph 2, once it has examined the documents provided, the competent authority in the Member State shall communicate its decision to the operators’ organisation concerned. If a decision is not taken within that time-limit, the request shall be deemed to have been accepted.

5.   Should the Community financing obtained by the operators’ organisation be less than the amount in the approved programme, beneficiaries may adapt their programme to the financing obtained.

Article 11

Advances

1.   An operators’ organisation which has lodged the application provided for in Article 8(2)(h) shall receive, under the conditions referred to in paragraph 2 of this Article, a total advance of a maximum of 90 % of the eligible expenditure planned for each year covered by the approved work programme.

2.   During the month following the beginning of the implementation of each year of the approved work programme, the Member State shall pay the operators’ organisation concerned an initial instalment of one third of the amount referred to in paragraph 1.

A second instalment equivalent to the remaining two thirds of the amount referred to in paragraph 1 shall be paid after carrying out the check referred to in paragraph 3.

3.   Member States shall check that each instalment of the advance has actually been spent, before paying the following instalment.

This check shall be carried out by the Member State on the basis of the report referred to in Article 13 or on the basis of an on-the-spot check as referred to in Article 14.

4.   The payments referred to in paragraph 2 shall be subject to the lodging of a security by the operators’ organisation concerned in accordance with Regulation (EEC) No 2220/85 of an amount equal to 110 % of the advance requested. The primary requirement within the meaning of Article 20(2) of that Regulation is the implementation of the measures listed in the approved work programme.

Once the security referred to in the first subparagraph has been lodged, the Member State shall immediately release the security referred to in Article 8(2)(g).

5.   By a date to be determined by the Member State but no later than the end of each year of implementation of the work programme, the operators’ organisations concerned may lodge an application for release of the security referred to in paragraph 4 up to an amount equal to half the expenditure actually carried out. The Member State shall lay down which supporting documents must accompany this application and check them, and shall release the securities corresponding to the expenditure concerned no later than in the course of the second month following that in which the application is lodged.

Article 12

Application for Community financing

1.   For the purposes of payment of the Community financing under Article 8 of Regulation (EC) No 865/2004, an operators’ organisation shall lodge, by a date to be determined by the Member State but no later than three months after the end of each year of implementation of its work programme, an application for financing with the paying agency.

The Member State may pay operators’ organisations the balance of Community financing corresponding to each year of implementation of the work programme after checking, on the basis of the report referred to in Article 13 or on the basis of an on-the-spot check as referred to in Article 14, that the two instalments of the advance referred to in Article 11(2) have actually been spent.

Applications for Community financing submitted after the date referred to in the first subparagraph shall be inadmissible and any amounts received in respect of Community financing for the programme shall be reimbursed in accordance with the procedure laid down in Article 17.

2.   The application for Community financing shall be drawn up in accordance with a model provided by the competent authority in the Member State. To be admissible, the application shall be accompanied by:

3.   Applications for financing which do not comply with the conditions set out in paragraphs 1 and 2 shall be rejected. The operators’ organisation concerned may lodge a new application for financing within a period to be laid down by the Member State.

4.   Applications for expenditure made more than two months after the end of the period of implementation of the work programme shall be rejected.

5.   No later than three months after the date of submission of the application for financing and the supporting documents referred to in paragraph 2, and once they have carried out the examination of the supporting documents and the checks referred to in Article 14, Member States shall pay the Community financing that is due and, as appropriate, release the securities referred to in Article 8(2)(g) or Article 11(4).

Article 13

Operators’ organisation reports

1.   With effect from 2007, operators’ organisations shall submit by 1 May of each year annual reports on the implementation of the work programmes during the previous calendar year. These reports shall cover the following:

For the final year of implementation of the work programme, a final report shall replace the reports provided for in the first subparagraph.

2.   For work programmes with a duration of under one year, the final report shall be presented no later than two months after the end of implementation of the programme.

3.   The final report shall evaluate the work programme and shall comprise at least the following:

Article 14

On-the-spot checks

1.   Member States shall verify that the conditions for granting Community financing are met, in particular as regards compliance with the following aspects:

2.   The competent authority shall introduce control plans for on-the-spot checks covering a sample of approved operators’ organisations in accordance with Article 8(3) of Regulation (EC) No 865/2004. The competent authority shall select the sample on the basis of risk analysis in such a way that:

If the checks reveal irregularities, the competent authority shall carry out additional checks during the year in question and shall increase the number of operators’ organisations to be checked the following year.

3.   The on-the-spot checks shall be unannounced. However, in order to facilitate the practical organisation of checks, advance warning of no more than 48 hours may be given to the operators’ organisation to be checked.

4.   The competent authority shall determine which operators’ organisations to check on the basis of a risk analysis based on the following criteria:

5.   The duration of each on-the-spot check shall correspond to the degree of progress in implementing the approved work programme.

Article 15

Inspection reports

Every on-the-spot check shall be the subject of a detailed inspection report, indicating in particular:

Article 16

Corrections and penalties

1.   Where the withdrawal of approval referred to in Article 3(3) results from the fact that the operators’ organisation has failed deliberately or by serious negligence to meet its obligations, the operators’ organisation shall be ineligible for financing in respect of the entire work programme and shall also pay the competent authority an amount equal to the ineligible amount of financing.

2.   If a given measure has not been implemented in conformity with a work programme, the operators’ organisation shall be ineligible for financing for the measure in question. This exclusion shall not apply if the operators’ organisation has submitted factually correct information or can show by any other means that it is not at fault.

3.   The following penalties shall apply to operators’ organisations where irregularities are found in the implementation of the work programme:

4.   Amounts resulting from the application of the corrections or penalties under this Article shall be paid to the responsible paying agency and deducted by it from expenditure financed by the European Agricultural Guidance and Guarantee Fund.

Article 17

Recovery of undue payments

1.   The competent authority in the Member State shall recover any amount unduly paid plus, where appropriate, interest calculated in accordance with paragraph 2.

2.   Interest shall be calculated:

3.   In the case of a measure which is subsequently found to be ineligible, and which has been implemented in conformity with an approved work programme, the Member State may decide to pay the relevant financing due or not to proceed to the recovery of amounts which have already been paid out, if such a decision is permitted in comparable cases financed from the national budget and if the operators’ organisation has not acted negligently or intentionally.

4.   The amounts recovered or paid under this Article shall be paid to the paying agency and deducted from expenditure financed by the European Agricultural Guidance and Guarantee Fund.

Article 18

Communications from the Member States

1.   No later than 31 January 2006 the Member States producing olive oil shall communicate to the Commission the national measures implementing this Regulation, and in particular those relating to:

2.   No later than 1 May of each year of implementation of the approved work programme, Member States shall transmit to the Commission data on:

3.   No later than 10 September of each year of implementation of the approved work programmes, Member States shall transmit to the Commission a report on the implementation of this Regulation comprising at least the following information:

4.   The communications provided for in this Article shall be carried out electronically in accordance with the information provided to the Member States by the Commission.

Article 19

Transitional provision

1.   The Member States may advance the Community financing for the first year of implementation of the programme.

2.   This advance must be limited exclusively to the amount corresponding to that Community financing.

3.   Expenditure resulting from the payment of the advance provided for in paragraph 2 shall be entered in the accounts as expenditure incurred from 16 to 31 October 2006.

Article 20

Repeal

Regulation (EC) No 1334/2002 is hereby repealed.

However, Articles 9, 10 and 11(3) thereof shall continue to apply in the case of work programmes covering the 2004/05 marketing year.

Article 21

Entry into force

This Regulation shall enter into force on the seventh 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 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 161, 30.4.2004, p. 97, as corrected by OJ L 206, 9.6.2004, p. 37.

(2)OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005, p. 15).

(3)OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(4)OJ L 195, 24.7.2002, p. 16. Regulation last amended by Regulation (EC) No 1331/2004 (OJ L 247, 21.7.2004, p. 5).

(5)OJ L 172, 30.9.1966, p. 3025/66.

(6)OJ L 210, 28.7.1998, p. 32.

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            COMMISSION REGULATION (EC) No 2081/2005

of 19 December 2005         

opening and providing for the administration of a Community tariff quota for 2006 for manioc originating in Thailand

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

OPENING OF THE QUOTA

Article 1

1.   An import tariff quota for 5 500 000 tonnes of manioc falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand is hereby opened for the period 1 January to 31 December 2006.

The customs duty applicable is hereby fixed at 6 % ad valorem.

The serial number of the quota shall be 09.4008.

2.   The products referred to in paragraph 1 shall benefit from the arrangements provided for in this Regulation on condition that they are imported under import licences issued subject to the submission of a certificate for export to the European Community issued by the Department of Foreign Trade, Ministry of Commerce, Government of Thailand, hereinafter referred to as an ‘export certificate’.

CHAPTER II

EXPORT CERTIFICATES

Article 2

1.   There shall be one original and at least one copy of the export certificate, to be made out on a form of which a specimen is given in Annex I.

The size of the form shall be approximately 210 × 297 millimetres. The original shall be made out on white paper having a printed yellow guilloche pattern background so as to reveal any falsification by mechanical or chemical means.

2.   Export certificates shall be completed in English.

3.   The original and copies of export certificates shall be completed in typescript or in handwriting. In the latter case, they must be completed in ink and in block capitals.

4.   Each export certificate shall bear a pre-printed serial number; in the upper section it shall also bear a certificate number. The copies shall bear the same numbers as the original.

Article 3

1.   Export certificates shall be valid for 120 days from the date of issue. The date of issue of the certificate shall be included in the period of validity of the certificate.

For the certificate to be valid, its different sections must be properly completed and duly authenticated in accordance with paragraph 2. In the ‘shipped weight’ section, the quantity must be written out in full and also given in figures.

2.   The export certificate shall be duly authenticated when it indicates the date of issue and bears the stamp of the issuing body and the signature of the authorised person or persons.

CHAPTER III

IMPORT LICENCES

Article 4

Applications for an import licence for products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand, drawn up in accordance with Regulations (EC) No 1291/2000 and (EC) No 1342/2003, shall be submitted to the competent authorities in the Member States, accompanied by the original of the export certificate.

The original of the export certificate shall be retained by the body which issues the import licence. However, where the application for an import licence relates to only a part of the quantity indicated on the export certificate, the issuing body shall indicate on the original the quantity for which it was used and, after affixing its stamp, shall return it to the party concerned.

Only the quantity indicated under ‘shipped weight’ on the export certificate shall be taken into consideration for the issue of the import licence.

Article 5

Where it is found that the quantities actually unloaded in the case of a given consignment are greater than the total figuring on the import licence or licences issued for this consignment, the competent authorities who issued the import licence or licences concerned shall, at the request of the importer, communicate to the Commission by electronic means, case by case and as soon as possible, the number or numbers of the Thai export certificates, the number or numbers of the import licences, the excess quantity concerned and the name of the cargo vessel.

The Commission shall contact the Thai authorities so that new export certificates may be drawn up.

Until the new certificates have been drawn up, the excess quantities may not be released for free circulation under this Regulation unless new import licences are presented for the quantities concerned.

New import licences shall be issued on the terms laid down in Article 10.

Article 6

Notwithstanding the third paragraph of Article 5, where it is found that the quantities actually unloaded in the case of a given consignment do not exceed the quantities covered by the import licence or licences presented by more than 2 %, the competent authorities of the Member State of release for free circulation shall, at the importer’s request, authorise the release for free circulation of the surplus quantities in return for payment of a customs duty with a ceiling of 6 % ad valorem and the lodging by the importer of a security of an amount equal to the difference between the duty laid down in the Common Customs Tariff and the duty paid.

The security shall be released upon presentation to the competent authorities of the Member State of release for free circulation of an additional import licence for the quantities concerned. The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 or Article 8 of this Regulation shall not be required for additional licences.

Additional import licences shall be issued on the terms laid down in Article 10 and on presentation of one or more new export certificates issued by the Thai authorities.

Section 20 of additional import licences shall contain one of the entries given in Annex II.

Except in cases of force majeure, the security shall be forfeit for quantities for which an additional import licence is not presented within four months from the date of acceptance of the declaration of release for free circulation referred to in the first paragraph. It shall be forfeit in particular for quantities for which no additional import licence has been issued under Article 10(1).

After the competent authority has entered the quantity on the additional import licence and authenticated the entry, when the security provided for in the first paragraph is released, the licence shall be returned to the issuing body as soon as possible.

Article 7

Applications for import licences under this Regulation may be submitted in all Member States and licences issued shall be valid throughout the Community.

The fourth indent of the first subparagraph of Article 5(1) of Regulation (EC) No 1291/2000 shall not apply to imports carried out under this Regulation.

Article 8

Notwithstanding Article 12 of Regulation (EC) No 1342/2003, the security relating to the import licences provided for in this Regulation shall be EUR 5 per tonne.

Article 9

1.   Section 8 of applications for import licences and the licences themselves shall be marked ‘Thailand’.

2.   Import licences shall contain:

3.   The import licence shall be accepted in support of a declaration of release for free circulation only if it is shown, in particular by a copy of the bill of lading presented by the party concerned, that the products for which release for free circulation is requested have been transported to the Community by the vessel referred to in the import licence.

4.   Subject to Article 6 of this Regulation and notwithstanding Article 8(4) of Regulation (EC) No 1291/2000, the quantity released for free circulation may not exceed that shown in sections 17 and 18 of the import licence. The figure 0 shall be entered to that effect in section 19 of the said licence.

Article 10

1.   Where applications for licences exceed the quantity laid down in Article 1, the Commission shall fix a percentage of the quantities requested to be accepted or decide to reject applications.

2.   Import licences shall be issued on the fifth working day following the day on which the application is lodged, subject to any measure the Commission might adopt pursuant to paragraph 1.

3.   Where an acceptance percentage is fixed pursuant to paragraph 1, applications may be withdrawn within 10 working days of publication of the percentage.

Where applications are withdrawn, licences issued in accordance with paragraph 2 shall be returned.

When an application is withdrawn, the security shall be released. The security shall also be released when an application is rejected.

4.   Where the conditions governing the issue of the import licence have not been complied with, the Commission may, where necessary, and following consultation with the Thai authorities, adopt appropriate measures.

Article 11

Notwithstanding Article 6 of Regulation (EC) No 1342/2003, the last day of the period of validity of the import licence shall correspond to the last day of the period of validity of the corresponding export certificate plus 30 days.

Article 12

1.   The Member States shall send the Commission each working day and by electronic means the following information concerning each import licence application:

2.   No later than the end of the first six months of 2007, the authorities responsible for issuing import licences shall send the Commission, by electronic means, a complete list of quantities not taken up as endorsed on the back of the import licences, the name of the cargo vessel, the number of the contract for transport to the European Community and the numbers of the export certificates in question.

CHAPTER IV

FINAL PROVISIONS

Article 13

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

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

(2)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

(3)OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1092/2004 (OJ L 209, 11.6.2004, p. 9).

----

ANNEX I
Text of image

SERIAL No

ORIGINAL

DEPARTMENT OF FOREIGN TRADE

MINISTRY OF COMMERCE

GOVERNMENT OF THAILAND

EXPORT CERTIFICATE SUBJECT TO REGULATION (EC) No 2248/2004

SPECIAL FORM FOR PRODUCTS FALLING WITHIN CN CODES 0714 10 10, 0714 10 91, 0714 10 99            

EXPORT CERTIFICATE No

EXPORT PERMIT No

1. EXPORTER (NAME, ADDRESS AND COUNTRY)

2. FIRST CONSIGNEE (NAME, ADDRESS AND COUNTRY)

NAME

NAME

ADDRESS

ADDRESS

COUNTRY

COUNTRY

3. SHIPPED PER

4. COUNTRY/COUNTRIES OF DESTINATION IN EU

5. TYPE OF MANIOC PRODUCTS

6. WEIGHT (TONNES)

7. PACKING

CN CODE 0714 10 10            

CN CODE 0714 10 91            

CN CODE 0714 10 99            

SHIPPED WEIGHT

IN BULK

... BAGS

OTHERS

ESTIMATED NET WEIGHT

WE HEREBY CERTIFY THAT THE ABOVEMENTIONED PRODUCTS ARE PRODUCED IN AND ARE EXPORTED FROM THAILAND

DATE

DEPARTMENT OF FOREIGN TRADE

...

NAME AND SIGNATURE OF AUTHORISED OFFICIAL AND STAMP

THIS CERTIFICATE IS VALID FOR 120 DAYS FROM THE DATE OF ISSUE

FOR USE BY EU AUTHORITIES:

----

ANNEX II

----

ANNEX III

----

----

            COMMISSION REGULATION (EC) No 2082/2005

of 19 December 2005         

amending Regulation (EC) No 1497/2001 imposing provisional anti-dumping duties on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine, accepting an undertaking offered by the exporting producer in Bulgaria and terminating the proceeding as regards imports of urea originating from Egypt and Poland

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 Articles 8 and 9 thereof,

Whereas:

A.   PREVIOUS PROCEDURE

B.   BREACHES OF THE UNDERTAKING

1.   Obligations of the company with an undertaking

2.   Breaches of the undertaking

C.   AMENDMENT OF REGULATION (EC) No 1497/2001

HAS ADOPTED THIS REGULATION:

Article 1

Acceptance of the undertaking offered by Chimco AD is hereby withdrawn.

Article 2

1.   Article 3 of Regulation (EC) No 1497/2001 is hereby deleted.

2.   Article 4 of Regulation (EC) No 1497/2001 is hereby renumbered ‘Article 3’.

3.   Article 5 of Regulation (EC) No 1497/2001 is hereby renumbered ‘Article 4’.

Article 3

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

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

Done at Brussels, 19 December 2005.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(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 C 301, 21.10.2000, p. 2.

(3)OJ L 197, 21.7.2001, p. 4.

(4)OJ L 17, 19.1.2002, p. 1. Regulation as amended by Regulation (EC) No 1107/2002 (OJ L 168, 27.6.2002, p. 1).

----

----

            COMMISSION REGULATION (EC) No 2083/2005

of 19 December 2005         

amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1), and in particular Article 69 thereof,

Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2), and in particular Article 78 thereof,

After consultation of the Advisory Committee for Public Contracts,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Directive 2004/17/EC is amended as follows:

Article 2

Directive 2004/18/EC is amended as follows:

Article 3

Commission Regulation (EC) No 1874/2004 (4) shall hereby be repealed from 1 January 2006.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 4

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

Charlie McCREEVY            

Member of the Commission

----

(1)OJ L 134, 30.4.2004, p. 1, corrected by OJ L 358, 3.12.2004. Directive as last amended by Commission Directive 2005/51/EC (OJ L 257, 1.10.2005, p. 127).

(2)OJ L 134, 30.4.2004, p. 114, corrected by OJ L 351, 26.11.2004. Directive as last amended by Commission Directive 2005/75/EC (OJ L 323, 9.12.2005, p. 55).

(3)OJ L 336, 23.12.1994, p. 1.

(4)OJ L 326, 29.10.2004, p. 17.

----

----

            COMMISSION REGULATION (EC) No 2084/2005

of 19 December 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 December 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:

United Kingdom:

Article 2

Licence applications may be submitted, pursuant to Article 4(2) of Regulation (EC) No 2247/2003, during the first 10 days of Janauary 2006 for the following quantities of boned beef and veal:

Article 3

This Regulation shall enter into force on 21 December 2005.

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

Done at Brussels, 19 December 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 2085/2005

of 19 December 2005         

determining the extent to which applications lodged in December 2005 for import licences for certain egg sector products and poultrymeat pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 593/2004 of 30 March 2004 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin (1), and in particular Article 5(5) thereof,

Having regard to Commission Regulation (EC) No 1251/96 of 28 June 1996 opening and providing for the administration of tariff quotas in the poultrymeat sector and albumin (2), and in particular Article 5(5) thereof,

Whereas:

The applications for import licences lodged for the period from 1 January to 31 March 2006 are, in the case of certain products, for quantities less than or equal to the quantities available and can therefore be met in full, but in the case of other products the said applications are for quantities greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 January to 31 March 2006 submitted pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 shall be met as referred to in the Annex to this Regulation.

2.   Applications for import licences for the period 1 April to 30 June 2006, may be lodged pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 94, 31.3.2004, p. 10.

(2)OJ L 161, 29.6.1996, p. 136. Regulation as last amended by Regulation (EC) No 1043/2001 (OJ L 145, 31.5.2001, p. 24).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 2086/2005

of 19 December 2005         

determining the extent to which applications lodged in December 2005 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1431/94 of 22 June 1994, laying down detailed rules for the application in the poultrymeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products (1) and in particular Article 4(4) thereof,

Whereas:

The applications for import licences lodged for the period from 1 January to 31 March 2006 are, in the case of certain products, for quantities less than or equal to the quantities available and can therefore be met in full, but in the case of other products the said applications are for quantities greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 January to 31 March 2006 submitted pursuant to Regulation (EC) No 1431/94 shall be met as referred to in the Annex to this Regulation.

2.   Applications for import licences for the period 1 April to 30 June 2006 may be lodged pursuant to Regulation (EC) No 1431/94 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 156, 23.6.1994, p. 9. Regulation as last amended by Regulation (EC) No 1043/2001 (OJ L 145, 31.5.2001, p. 24).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 2087/2005

of 19 December 2005         

determining the extent to which applications lodged in December 2005 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 2497/96 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 2497/96 of 18 December 1996 laying down rules for the application in the poultrymeat sector of the system provided for by the Association Agreement and the Interim Agreement between the European Community and the State of Israel (1), and in particular Article 4(5) thereof,

Whereas:

The applications for import licences lodged for the period 1 January to 31 March 2006 are greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 January to 31 March 2006 submitted pursuant to Regulation (EC) No 2497/96 shall be met as referred to in the Annex.

2.   Application for import licences for the period 1 April to 30 June 2006 may be lodged pursuant to Regulation (EC) No 2497/96 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 338, 28.12.1996, p. 48. Regulation as last amended by Regulation (EC) No 361/2004 (OJ L 63, 28.2.2004, p. 15).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 2088/2005

of 19 December 2005         

determining the extent to which applications lodged in December 2005 for import licences for certain pigmeat sector products under the regime provided for by Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1432/94 of 22 June 1994 laying down detailed rules for the application in the pigmeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products (1), and in particular Article 4(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 January to 31 March 2006 submitted pursuant to Regulation (EC) No 1432/94 shall be met as referred to in Annex I.

2.   For the period 1 April to 30 June 2006, applications may be lodged pursuant to Regulation (EC) No 1432/94 for import licences for a total quantity as referred to in Annex II.

3.   Licences may only be used for products which comply with all veterinary rules currently in force in the Community.

Article 2

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 156, 23.6.1994, p. 14. Regulation as last amended by Regulation (EC) No 341/2005 (OJ L 53, 26.2.2005, p. 28).

----

ANNEX I

----

ANNEX II

----

----

            COMMISSION REGULATION (EC) No 2089/2005

of 19 December 2005         

determining the extent to which applications lodged in December 2005 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 January to 31 March 2006 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1458/2003 of 18 August 2003 opening and providing for the administration of tariff quotas for certain products in the pigmeat sector (1), and in particular Article 5(6) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 January to 31 March 2006 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in Annex I.

2.   For the period 1 April to 30 June 2006, applications may be lodged pursuant to Regulation (EC) No 1458/2003 for import licences for a total quantity as referred to in Annex II.

Article 2

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 208, 19.8.2003, p. 3. Regulation as amended by Regulation (EC) No 341/2005 (OJ L 53, 26.2.2005, p. 28).

----

ANNEX I

----

ANNEX II

----

----

            COMMISSION REGULATION (EC) No 2090/2005

of 19 December 2005         

fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1 of Regulation (EEC) No 4088/87 shall be as set out in the Annex hereto for the period from 21 December 2005 to 4 January 2006.

Article 2

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

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

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 5.7.1997, p. 1).

(2)OJ L 72, 18.3.1988, p. 16. Regulation as last amended by Regulation (EC) No 2062/97 (OJ L 289, 22.10.1997, p. 1).

(3)OJ L 346, 31.12.2003, p. 65.

(4)OJ L 345, 31.12.2003, p. 117.

(5)OJ L 2, 5.1.2005, p. 4.

----

ANNEX

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

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

(2005/914/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The 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 is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.

Article 3

The Commission shall adopt the detailed rules for implementing the Protocol in accordance with the procedure as laid down in Article 42 of Regulation (EC) No 1260/2001.

Done at Brussels, 21 November 2005.

For the Council

The President

J. STRAW            

----

(1)OJ L 84, 20.3.2004, p. 13.

(2)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).

----

            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

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

of the other part,

Whereas:

HAVE AGREED AS FOLLOWS:

Article 1

The SAA is hereby amended as follows:

Article 2

This Protocol shall form an integral part of the SAA.

Article 3

This Protocol shall enter into force on the first day of the month following the date of signature.

Article 4

This Protocol shall be drawn up in duplicate in each of the official languages of the contracting parties, each of these texts being equally authentic.

Done at Brussels, 21 November 2005.

For the European Community

For the former Yugoslav Republic of Macedonia

----

            AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS         

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

Brussels, 13 December 2005            

Dear Sir,

I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the 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 products originating in the former Yugoslav Republic of Macedonia into the Community.

The text of the aforementioned Protocol, herewith annexed, has been approved by Decision of the Council of the European Union on 21 November 2005. In accordance with its Article 3 this Protocol shall therefore enter into force on the first day of the month following the date on which the Council receives your letter of confirmation.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

Brussels, 13 December 2005            

Dear Sirs,

I have the honour to acknowledge receipt of your letter regarding the signature of the Protocol amending the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Macedonia on a tariff quota for the import of sugar and sugar products originating in the Republic of Macedonia into the Community.

I confirm the acceptance of my Government that this letter and your letter shall together take place of the signature of the Protocol.

We note that the Protocol has been approved by Decision of the Council of the European Union on 21 November 2005 and that in accordance with its Article 3 this Protocol shall enter into force on the first day of the month following the date on which the Council receives our letter of confirmation.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Protocol, having in view that the constitutional name of my country is the Republic of Macedonia.

Please accept, Sirs, the assurances of my highest consideration.

Ambassador,

Saško Stefkov

Brussels, 13 December 2005            

Dear Sir,

I have the honour to acknowledge receipt of your letter of today's date.

The European Union notes that the Exchange of Letters between the European Union and the Former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the 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, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

----

Commission

----

            COMMISSION DECISION         

of 16 December 2005         

authorising the Czech Republic, Estonia, Cyprus and Lithuania to derogate from Council Directive 1999/105/EC on the marketing of forest reproductive material with regard to the stocks accumulated between 1 January 2003 and 1 May 2004         

(notified under document number C(2005) 5160)

(2005/915/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, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, and in particular Article 42 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

By derogation from Article 6(1) and 6(3) of Directive 1999/105/EC, the Czech Republic, Estonia, Cyprus and Lithuania are authorised to market in their territories until 30 April 2007, reproductive material produced between 1 January 2003 and the date of accession which has not been officially produced in accordance with the provisions of that Directive.

During that period, such reproductive material shall only be marketed in the territory of the respective Member States concerned. Any label or document, official or otherwise, which is affixed to or accompanies the reproductive material under the provisions of this Decision, shall clearly indicate that the reproductive material is intended to be marketed exclusively in the territory of the country concerned.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 December 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 11, 15.1.2000, p. 17.

----

----

            DECISION No 1/2005 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION IN RELATION TO CONFORMITY ASSESSMENT, CERTIFICATES AND MARKINGS BETWEEN THE EUROPEAN COMMUNITY AND AUSTRALIA         

of 11 November 2005         

related to giving effect to the listing of a conformity assessment body under the Sectoral Annex on automotive products

(2005/916/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement on mutual recognition between the European Community and Australia and in particular Article 12,

Whereas the Joint Committee is to take a decision to giving effect to the listing of a conformity assessment body or bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.

Signed in Canberra, 11 November 2005.

On behalf of Australia

Brian PHILLIPS            

Signed in Brussels, 21 October 2005.

On behalf of the European Community

Andra KOKE            

----

ANNEX

Germany conformity assessment body added to the list of conformity assessment bodies in Section II of the Sectoral Annex on automotive products

----

----

            DECISION No 2/2005 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION IN RELATION TO CONFORMITY ASSESSMENT, CERTIFICATES AND MARKINGS BETWEEN THE EUROPEAN COMMUNITY AND AUSTRALIA         

of 11 November 2005         

related to giving effect to the listing of a conformity assessment body under the Sectoral Annex on electromagnetic compatibility

(2005/917/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement on mutual recognition between the European Community and Australia and in particular Article 12,

Whereas the Joint Committee is to take a decision to giving effect to the listing of a conformity assessment body or bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.

Signed in Canberra, 11 November 2005.

On behalf of Australia

Brian PHILLIPS            

Signed in Brussels, 21 October 2005.

On behalf of the European Community

Andra KOKE            

----

ANNEX

Finland conformity assessment body added to the list of conformity assessment bodies in Section II of the Sectoral Annex on electromagnetic compatibility

----

European Central Bank

----

            DECISION OF THE EUROPEAN CENTRAL BANK         

of 9 December 2005         

on the approval of the volume of coin issuance in 2006

(ECB/2005/14)

(2005/918/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular to Article 106(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Approval of the volume of euro coins to be issued in 2006

The ECB hereby approves the volume of coins to be issued by the participating Member States in 2006 as described in the following table:

Article 2

Final provision

This Decision is addressed to the participating Member States.

Done at Frankfurt am Main, 9 December 2005.

The President of the ECB

Jean-Claude TRICHET            

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