----

----

I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1386/2006

of 21 September 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 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

----

ANNEX

to Commission Regulation of 21 September 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

----

----

            COMMISSION REGULATION (EC) No 1387/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Bulgaria and Romania 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 2040/2005 of 14 December 2005 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for by the Agreements concluded by the Community with the Republic of Bulgaria and Romania (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 October to 31 December 2006 submitted pursuant to Regulation (EC) No 2040/2005 shall be met as referred to in Annex I.

2.   For the period 1 January to 31 March 2007, applications may be lodged pursuant to Regulation (EC) No 2040/2005 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 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 328, 15.12.2005, p. 34.

----

ANNEX I

----

ANNEX II

----

----

            COMMISSION REGULATION (EC) No 1388/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 for import licences for certain pigmeat sector products pursuant to Regulation (EC) No 1233/2006 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 1233/2006 of 16 August 2006 opening and providing for the administration of an import tariff quota of pigmeat allocated to the United States of America (1), and in particular Article 5(5) thereof,

Whereas:

The applications for import licences lodged for the period 1 October to 31 December 2006 are less than the quantities available and can therefore be fulfilled entirely,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 October to 31 December 2006 submitted pursuant to Regulation (EC) No 1233/2006 shall be met as referred to in the Annex to this Regulation.

2.   Application for import licences for the period 1 January to 31 March 2007 may be lodged pursuant to Regulation (EC) No 1233/2006 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 225, 17.8.2006, p. 14.

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 1389/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 October to 31 December 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 October to 31 December 2006 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in Annex I.

2.   For the period 1 January to 31 March 2007, 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 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

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 1390/2006

of 21 September 2006         

amending the import duties in the cereals sector applicable from 22 September 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

Annexes I and II to Regulation (EC) No 1375/2006 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 270, 29.9.2003, p. 78. Regulation as amended by 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).

(3)OJ L 253, 16.9.2006, p. 17.

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ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 22 September 2006

----

(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

(15.9.2006-20.9.2006)

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: 26,35 EUR/t; Great Lakes–Rotterdam: 32,71 EUR/t.

3.   

----

(*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).

----

----

            COMMISSION REGULATION (EC) No 1391/2006

of 21 September 2006         

on the issue of import licences for rice originating in the least developed countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 (1),

Having regard to Commission Regulation (EC) No 1401/2002 of 31 July 2002 laying down detailed rules for the opening and administration of the tariff quotas for rice, originating in the least developed countries, for the marketing years 2002/2003 to 2008/2009 (2), and in particular Article 5(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For applications for import licences for rice originating in the least developed countries referred to in Article 9 of Regulation (EC) No 2501/2001, submitted during the first five working days of September 2006 pursuant to Article 4(3) of Regulation (EC) No 1401/2002 and notified to the Commission in accordance with Article 5(1) of the said Regulation licences shall be issued for the quantities given in the applications submitted multiplied by a reduction percentage of 91,80385 %.

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, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1828/2004 (OJ L 321, 22.10.2004, p. 23).

(2)OJ L 203, 1.8.2003, p. 42.

----

----

            COMMISSION REGULATION (EC) No 1392/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 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 October to 31 December 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 October to 31 December 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 January to 31 March 2007, 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 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

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 1179/2006 (OJ L 212, 2.8.2006, p. 7).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 1393/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 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 October to 31 December 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

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

Article 2

This Regulation shall enter into force on 1 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 156, 23.6.1994, p. 9. Regulation as last amended by Regulation (EC) No 1255/2006 (OJ L 228, 22.8.2006, p. 3).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 1394/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 1232/2006 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 1232/2006 of 16 August 2006 opening and providing for the administration of an import tariff quota of poultrymeat allocated to the United States of America (1) and in particular Article 5(5) thereof,

Whereas:

The applications for import licences lodged for the period 1 October to 31 December 2006 are less than the quantities available and can therefore be fulfilled entirely,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 October to 31 December 2006 submitted pursuant to Regulation (EC) No 1232/2006 shall be met as referred to in the Annex to this Regulation.

2.   Application for import licences for the period 1 January to 31 March 2007 may be lodged pursuant to Regulation (EC) No 1232/2006 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 225, 17.8.2006, p. 5.

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 1395/2006

of 21 September 2006         

determining the extent to which applications lodged in September 2006 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 October to 31 December 2006 are less than the quantities available and can therefore be fulfilled entirely,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 1 October 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

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 1396/2006

of 21 September 2006         

fixing production refunds on cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 8(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The refund per tonne of starch referred to in Article 3(2) of Regulation (EEC) No 1722/93, is hereby fixed at:

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(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 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 1548/2004 (OJ L 280, 31.8.2004, p. 11).

----

----

            COMMISSION REGULATION (EC) No 1397/2006

of 21 September 2006         

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 935/2006

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), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 15 to 21 September 2006 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 935/2006.

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(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 172, 24.6.2006, p. 3.

(3)OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----

----

            COMMISSION REGULATION (EC) No 1398/2006

of 21 September 2006         

concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1278/2006

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), and in particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1278/2006 of 25 August 2006 on a special intervention measure for cereals in Finland and Sweden for the 2006/2007 marketing year (3),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 15 to 21 September 2006 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1278/2006.

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(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 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

(3)OJ L 233, 26.8.2006, p. 6.

----

----

            COMMISSION REGULATION (EC) No 1399/2006

of 21 September 2006         

concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 936/2006

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), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 15 to 21 September 2006 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 936/2006.

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(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 172, 24.6.2006, p. 6.

(3)OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----

----

            COMMISSION REGULATION (EC) No 1400/2006

of 21 September 2006         

on the issuing of export licences for wine-sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 16 to 19 September 2006 under Regulation (EC) No 883/2001 shall be issued in concurrence with 72,07 % of the quantities requested for zone (1) Africa, in concurence with 34,45 % of the quantities requested for zone (3) eastern Europe and in concurence with 78,08 % of the quantities requested for zone (4) western Europe.

2.   The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 20 September 2006 and the submission of export licence applications from 22 September 2006 for destination zone (1) Africa, (3) Eastern Europe and (4) western Europe shall be suspended until 16 November 2006.

Article 2

This Regulation shall enter into force on 22 September 2006.

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

Done at Brussels, 21 September 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 2079/2005 (OJ L 333, 20.12.2005, p. 6).

(2)OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

----

II Acts whose publication is not obligatory

Commission

----

            COMMISSION DECISION         

of 4 April 2006         

on the conclusion, by way of signature, of an Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine

(2006/635/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to Council Decision of 24 September 2004, approving the conclusion by the Commission of an Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine (1),

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The conclusion of the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine is hereby decided on behalf of the European Atomic Energy Community.

The text of the agreement is attached to this Decision.

Article 2

The Member responsible for Energy, or the person designated by him for this purpose, is hereby authorised to sign on behalf of the European Atomic Energy Community the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine.

Done at Brussels, 4 April 2006.

For the Commission

Andris PIEBALGS            

Member of the Commission

----

(1)  Not yet published in the Official Journal.

----

----

            AGREEMENT         

between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine for Co-operation in the Peaceful Uses of Nuclear Energy

The EUROPEAN ATOMIC ENERGY COMMUNITY (Euratom), hereinafter referred to as ‘the Community’,

and the CABINET OF MINISTERS OF UKRAINE,

both also generally referred to hereinafter as the ‘Party’ or ‘Parties’, as appropriate.

MINDFUL that the Partnership and Co-operation Agreement between the European Communities and their Member States and Ukraine (hereinafter referred to as ‘Partnership and Co-operation Agreement’), which entered into force on 1 March 1998, establishes that the Parties shall co-operate in the civil nuclear sector on the basis of specific agreements to be concluded between the Parties,

WHEREAS all Member States of the Community and Ukraine are Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, hereinafter referred to as ‘the Non-Proliferation Treaty’,

WHEREAS the Community, its Member States and Ukraine are committed to ensuring that the research, development and use of nuclear energy for peaceful purposes are carried out in a manner consistent with the objectives of the Non-Proliferation Treaty,

WHEREAS safeguards are applied in the Community both under Chapter 7 of the Treaty Establishing the European Atomic Energy Community (hereinafter referred to as ‘Euratom Treaty’) and under safeguards agreements concluded between the Community, its Member States and the International Atomic Energy Agency, hereinafter referred to as ‘the IAEA’,

WHEREAS safeguards are applied in Ukraine according to the Agreement between Ukraine and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons,

WHEREAS the Community, its Member States and Ukraine reaffirm their support of the IAEA and of its strengthened safeguards system,

WHEREAS it is appropriate to strengthen the basis for co-operation between the Parties in the civil nuclear sector by a framework agreement,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

or such other authority as the Party concerned may at any time notify to the other Party.

Article 2

Objective

The objective of this Agreement is to provide a framework for co-operation between the Parties in the peaceful uses of nuclear energy with a view to strengthening the overall co-operation relationship between the Community and Ukraine on the basis of mutual benefit and reciprocity and without prejudice to the respective powers of each Party.

Article 3

Scope of co-operation

1.   The Parties may co-operate in the way as specified in Articles 4 to 8 of this Agreement below in the peaceful uses of nuclear energy in the following areas:

2.   The co-operation referred to in this Article, as between the Parties, may also take place between persons and undertakings established in the Community and Ukraine.

Article 4

Nuclear safety

The co-operation in the field of nuclear safety shall be implemented according to the Agreement for Co-operation between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the Field of Nuclear Safety, which entered into force on 13 November 2002.

Article 5

Controlled nuclear fusion

The co-operation in the field of controlled nuclear fusion shall be implemented according to the Agreement for Co-operation between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the Field of Controlled Nuclear Fusion, which entered into force on 13 November 2002.

Article 6

Other areas of nuclear research and development

1.   Co-operation shall extend to nuclear research and development activities of mutual interest to the Parties other than those been provided for in Articles 4 and 5 of this Agreement above, as agreed between the Parties, in so far as they are covered by respective research and development activities undertaken by the Parties.

2.   On the Community side, the co-operation may include in particular the following areas:

3.   The co-operation shall be implemented in particular through:

4.   To the extent necessary, the scope, terms and conditions for co-operation in concrete projects will be laid down in implementing arrangements, entered into by the Parties acting through their competent institutions which will proceed according to their respective legislative and regulatory requirements.

5.   Such implementing arrangements may, inter alia, cover financing provisions, assignment of management responsibilities and detailed provisions on dissemination of information and intellectual property rights.

6.   Costs resulting from co-operation activities shall be borne by the Party that incurs them, unless otherwise specifically agreed by the Parties.

Article 7

International transfers, trade in nuclear materials and provision of relevant services

1.   Nuclear material transferred between the Parties, whether directly or through a third country, shall become subject to this Agreement upon its entry into the territorial jurisdiction of the receiving Party, provided that the supplying Party has notified the receiving Party in writing prior to, or at the time of, shipment, (in accordance with procedures defined in an Administrative Arrangement to be established by the appropriate authorities of the Parties).

2.   Nuclear material referred to in paragraph 1 of this Article shall remain subject to the provisions of this Agreement until:

3.   Any nuclear transfers carried out pursuant to the co-operation activities shall be made in accordance with the relevant international and multilateral commitments of the Parties and of the Member States of the European Union in relation to peaceful uses of nuclear energy as listed in paragraph 6 of this Article.

4.   Trade in nuclear materials and provision of relevant services between the Parties shall be carried out at market-related prices.

5.   The Parties shall try to avoid conflict situations requiring commercial safeguard measures in their mutual trade in nuclear materials. If problems nevertheless arise in their mutual trade in nuclear materials which would seriously jeopardise the viability of the nuclear industry, including uranium mining, of the Community or Ukraine, either Party may request consultations which shall be held as soon as possible in the framework of an ad hoc Committee.

If no mutually acceptable solution to these problems can be found in the consultations, the Party having requested the consultations may take the appropriate commercial safeguard measures to solve them or mitigate their effects in accordance with its internal legislation and with the relevant principles of international law.

The implementation of the first and second provisions of this paragraph above shall be without prejudice to the Euratom Treaty and secondary legislation thereunder.

6.   Transfers of nuclear material shall be subject to the following conditions:

7.   The Parties shall facilitate trade in nuclear materials between themselves or between persons or undertakings established in the respective territories of the Parties in the mutual interest of producers, the nuclear fuel cycle industry, utilities and consumers.

Authorisations, including export and import licences as well as authorisations or consents to third parties, relating to trade, industrial operations or nuclear material movements on the territories of the Parties shall not be used to restrict trade or hinder the commercial interests of either Party on the peaceful use of nuclear energy both internationally and domestically. The relevant authority shall act upon applications for such authorisations as soon as possible after submission and without unreasonable expense. Appropriate administrative provisions shall be in place to ensure respect of this provision.

Provisions of this Agreement shall not be used to impede the free movement of nuclear material within the territory of the Community.

8.   Notwithstanding the suspension or termination of this Agreement for any reason, subparagraphs (a) and (b) of paragraph 6 of this Article shall continue to apply so long as any nuclear material subject to these provisions remains under the jurisdiction of either Party or until a determination is made in accordance with paragraph 2 of this Article.

Article 8

Prevention of illicit trafficking of nuclear material

Co-operation in the field of prevention of illicit trafficking of nuclear material shall relate to the promotion of methods and techniques of control of nuclear material.

Article 9

Other areas of mutual interest

1.   The Parties may agree within the scope of their respective competencies to co-operation in other activities in the field of nuclear energy.

2.   On the Community’s side, the activities would have to be covered by relevant programmes of action and correspond to the conditions specified for it, e.g. in areas such as the safe transport of nuclear material, safeguards or industrial co-operation to promote certain aspects of the safety of nuclear installations.

3.   The paragraphs 4, 5 and 6 of Article 6 of this Agreement are equally applicable.

Article 10

Applicable law

Co-operation under this Agreement shall be in accordance with the laws and regulations in force within the Community and Ukraine as well as with the international agreements entered into by the Parties. In the case of the Community the applicable law includes the Euratom Treaty and secondary legislation thereunder.

Article 11

Intellectual property

The utilisation and diffusion of information and intellectual property rights, patents and copyrights connected with the co-operation activities under this Agreement shall be in accordance with the Annexes to the Agreements for Co-operation between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the Field of Nuclear Safety and Controlled Nuclear Fusion as referred to above in Articles 4 and 5 of this Agreement, respectively.

Article 12

Consultation and arbitration

1.   The Parties will hold regular consultations within the framework of the Partnership and Co-operation Agreement to monitor the co-operation under this Agreement unless specific consultation mechanisms are foreseen by the Parties.

2.   Any dispute relating to the application or interpretation of this Agreement may be dealt with according to the procedure established by Article 96 of the Partnership and Co-operation Agreement.

Article 13

Entry into force and duration

1.   The Agreement shall enter into force on the date the Parties, through an exchange of diplomatic notes, specify its entry into force (1) and shall remain in force for an initial period of five years.

2.   Thereafter this Agreement shall be automatically renewed for five-year periods, unless either Party, by written notice, requests the termination or renegotiations of the Agreement not later than six months prior to the expiry date.

3.   If either Party or any Member State of the Community violates any of the material provisions of this Agreement, the other Party may, on giving written notice to that effect, suspend or terminate co-operation under this Agreement in whole or in part.

Before either Party takes action to that effect the Parties shall consult with a view to reaching agreement on the corrective measures to be taken and on the time-scale within which such measures shall be taken.

Action under the first provision of this paragraph shall be taken only if there has been failure to take the agreed measures within the agreed time or, in the event of failure to reach agreement as provided in the foregoing paragraph, after the lapse of a reasonable period of time having regard to the nature and gravity of the violation.

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Ukrainian languages, each text being equally authentic.

Done at Kiev, 28 April 2005.

For the European Atomic Energy Community

Andris PIEBALGS            

For the Cabinet of Ministers of Ukraine

Ivan PLACHKOV            

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(1)              1.9.2006.

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            COMMISSION DECISION         

of 12 September 2006         

fixing the annual breakdown by Member State of the amount for Community support to rural development for the period from 1 January 2007 to 31 December 2013         

(notified under document number C(2006) 4024)

(2006/636/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 69(4) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The annual breakdown by Member State of commitment appropriations for Community support to rural development for the period from 1 January 2007 to 31 December 2013, as referred to in Article 69 of Regulation (EC) No 1698/2005, is set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 12 September 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 277, 21.10.2005, p. 1.

(2)OJ L 195, 15.7.2006, p. 22.

(3)OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

(4)OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1156/2006 (OJ L 208, 29.7.2006, p. 3).

(5)OJ L 163, 15.6.2006, p. 10.

(6)OJ L 240, 2.9.2006, p. 6.

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ANNEX

Breakdown by Member State of Community support for rural development 2007 to 2013

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            COMMISSION DECISION         

of 13 September 2006         

concerning a request from the Republic of Lithuania to apply a reduced rate of VAT to the supply of district heating

(notified under document number C(2006) 4049)

(Only the Lithuanian text is authentic)

(2006/637/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (1), and in particular Article 12(3)(b) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Lithuania may apply the measure notified in its letter on 20 June 2006, applying a reduced rate of VAT to the supply of district heating irrespective of the conditions of production and supply.

Article 2

This Decision is addressed to the Republic of Lithuania.

Done at Brussels, 13 September 2006.

For the Commission

László KOVÁCS            

Member of the Commission

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(1)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).

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