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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC, EURATOM) No 351/2006

of 27 February 2006         

laying down the weightings applicable from 1 July 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the ten new Member States for a maximum period of fifteen months after accession

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the first paragraph of Article 13 of Annex X thereto,

Having regard to the 2003 Treaty of Accession, and in particular Article 33(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2005, the weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and to certain officials remaining in post in the ten new Member States for a maximum period of fifteen months starting on 1 May 2004, payable in the currency of the country of employment, shall be as shown in the Annex.

The exchange rates used for the calculation of this remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and shall correspond to the date referred to in the preceding paragraph.

Article 2

1.   The institutions shall make back-payments in the event of an increase in remuneration as a result of the weightings shown in the Annex.

2.   The institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of the weightings shown in the Annex for the period between 1 July 2005 and the date of entry into force of this Regulation.

Retrospective adjustments involving the recovery of sums overpaid shall be restricted to a period of no more than six months preceding the date of entry into force of this Regulation. Recovery shall be spread over no more than twelve months from that date.

Article 3

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, 27 February 2006.

For the Council

The President

U. PLASSNIK            

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(1)OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1).

(2)OJ L 46, 17.2.2005, p. 1.

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ANNEX

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(*1)  Not available.

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            COUNCIL REGULATION (EC) No 352/2006

of 27 February 2006         

repealing Regulation (EEC) No 1461/93 concerning access to public contracts for tenderers from the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EEC) No 1461/93 concerning access to public contracts for tenderers from the United States of America is hereby repealed.

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, 27 February 2006.

For the Council

The President

U. PLASSNIK            

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(1)OJ L 146, 17.6.1993, p. 1.

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            COMMISSION REGULATION (EC) No 353/2006

of 28 February 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 1 March 2006.

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

Done at Brussels, 28 February 2006.

For the Commission

J. L. 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 28 February 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 354/2006

of 28 February 2006         

amending Regulation (EC) No 639/2003 laying down detailed rules pursuant to Council Regulation (EC) No 1254/1999 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular Article 33(12) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 639/2003 is amended as follows:

Article 2

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

Article 1(1) and (2) shall apply to the export declarations accepted from 1 January 2007.

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

Done at Brussels, 28 February 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)OJ C 215, 27.8.2004, p. 3.

(3)OJ L 93, 10.4.2003, p. 10. Regulation as last amended by Regulation (EC) No 1979/2004 (OJ L 342, 18.11.2004, p. 23).

(4)OJ L 362, 23.12.1978, p. 1. Directive as last amended by Directive 2001/19/EC of the European Parliament and of the Council (OJ L 206, 31.7.2001, p. 1).

(5)OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

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            COMMISSION REGULATION (EC) No 355/2006

of 28 February 2006         

imposing a provisional anti-dumping duty on imports of certain side-by-side refrigerators originating in the Republic of Korea

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 7 thereof,

After consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

1.1.   Initiation

1.2.   Parties concerned by the proceeding

1.3.   Investigation period

2.   PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

2.2.   Like product

3.   DUMPING

3.1.   Normal value

3.2.   Export price

3.3.   Comparison

3.4.   Dumping margin

4.   INJURY

4.1.   Community production and Community industry

4.2.   Community consumption

4.3.   Imports from the country concerned

(a)   Volume

(b)   Market share

(c)   Prices

(i)   Price evolution

(ii)   Price undercutting

4.4.   Situation of the Community industry

(a)   Production

(b)   Capacity and capacity utilisation rates

(c)   Stocks

(d)   Sales volume

(e)   Market share

(f)   Growth

(g)   Employment

(h)   Productivity

(i)   Wages

(j)   Sales prices

(k)   Factors affecting Community prices

(l)   Profitability and return on investments

(m)   Cash flow and ability to raise capital

(n)   Investments

(o)   Magnitude of dumping margin

(p)   Recovery from past dumping

4.5.   Conclusion on injury

5.   CAUSATION

5.1.   Introduction

5.2.   Effects of the dumped imports

5.3.   Effects of other factors

(a)   Rise in the costs of raw materials

(b)   Rise in intra-group sales

(c)   Original Equipment Manufacturer (OEM) imports

(d)   Imports from other countries

(e)   Consequence of start-up operations

(f)   Effects of sales of other types of refrigerators

(g)   Self-inflicted injury due to erroneous design and marketing decisions

(h)   Competition in different product ranges

5.4.   Conclusion on causation

6.   COMMUNITY INTEREST

6.1.   Interest of the Community industry

6.2.   Interest of suppliers of the Community industry

6.3.   Interest of the white goods industry

6.4.   Interest of related importers in the Community

6.5.   Interest of unrelated importers in the Community

6.6.   Interest of the retailers and of consumers

6.7.   Conclusion on Community interest

7.   PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES

7.1.   Injury elimination level

7.2.   Provisional measures

7.3.   Final Provision

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on side-by-side refrigerators, i.e. combined refrigerator-freezers of a capacity exceeding 400 litres, with at least two separate external doors fitted side-by-side, falling within CN code ex 8418 10 20 (TARIC code 8418102091) and originating in the Republic of Korea.

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

3.   The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.

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

Article 2

Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.

Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

Article 3

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

Article 1 of this Regulation shall apply for a period of six months.

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

Done at Brussels, 28 February 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 C 135, 2.6.2005, p. 4.

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            COMMISSION REGULATION (EC) No 356/2006

of 28 February 2006         

fixing the production refund on white sugar used in the chemical industry for the period from 1 to 31 March 2006         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the fifth indent of Article 7(5) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 26,917 EUR/100 kg net for the period from 1 to 31 March 2006.

Article 2

This Regulation shall enter into force on 1 March 2006.

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

Done at Brussels, 28 February 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)OJ L 178, 30.6.2001, p. 63.

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            COMMISSION REGULATION (EC) No 357/2006

of 28 February 2006         

amending for the 64th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1), first indent, thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 28 February 2006.

For the Commission

Eneko LANDÁBURU            

Director-General of External Relations

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(1)OJ L 139, 29.5.2002, p. 9. Regulation as last amended by Commission Regulation (EC) No 246/2006 (OJ L 40, 11.2.2006, p. 13).

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ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

The entry ‘Mohammed Benhammedi (alias (a) Mohamed Hannadi (b) Mohamed Ben Hammedi (c) Muhammad Muhammad Bin Hammidi (d) Ben Hammedi (e) Panhammedi (f) Abu Hajir (g) Abu Hajir Al Libi (h) Abu Al Qassam). Address: Midlands, United Kingdom. Date of birth: 22.9.1966. Place of birth: Libya. Nationality: British’ under the heading ‘Natural persons’ shall be replaced by the following:

Mohammed Benhammedi (alias (a) Mohamed Hannadi, (b) Mohamed Ben Hammedi, (c) Muhammad Muhammad Bin Hammidi, (d) Ben Hammedi, (e) Panhammedi, (f) Abu Hajir, (g) Abu Hajir Al Libi, (h) Abu Al Qassam). Address: Midlands, United Kingdom. Date of birth: 22.9.1966. Place of birth: Libya. Nationality: Libyan.

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            COMMISSION REGULATION (EC) No 358/2006

of 28 February 2006         

fixing the import duties in the cereals sector applicable from 1 March 2006         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.

Article 2

This Regulation shall enter into force on 1 March 2006.

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

Done at Brussels, 28 February 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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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 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

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ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 1 March 2006

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(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

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ANNEX II

Factors for calculating duties

period from 15.2.2006-27.2.2006         

1.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

2.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:
Freight/cost: Gulf of Mexico–Rotterdam: 16,88 EUR/t; Great Lakes–Rotterdam: — EUR/t.

3.   

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(*1)  A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

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            COMMISSION REGULATION (EC) No 359/2006

of 28 February 2006         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 1 March 2006.

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

Done at Brussels, 28 February 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

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

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

(4)OJ L 55, 25.2.2006, p. 18.

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ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99  applicable from 1 March 2006

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

(2)  Fixed for the standard quality defined in Annex I.I to Regulation (EC) No 1260/2001.

(3)  Fixed per 1 % sucrose content.

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            COMMISSION REGULATION (EC) No 360/2006

of 28 February 2006         

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 24,148 EUR/100 kg.

Article 2

This Regulation shall enter into force on 1 March 2006.

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

Done at Brussels, 28 February 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 148, 1.6.2001, p. 1.

(2)OJ L 148, 1.6.2001, p. 3.

(3)OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

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