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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 1472/2006

of 5 October 2006         

imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam

THE COUNCIL OF THE EUROPEAN UNION,

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 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   PROVISIONAL MEASURES

2.   SUBSEQUENT PROCEDURE

B.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   PRODUCT CONCERNED

1.1.   Special technology athletic footwear (‘STAF’)

1.2.   Children footwear

1.3.   Other requests for exclusions

(i)   ‘Hiking’, ‘climbing’ and other outdoor shoes

(ii)   Footwear with mechano-therapeutic applications

(iii)   EVA beach sandals

(iv)   Pigskin leather shoes

(v)   Patented technology footwear

(vi)   Non STAF sports footwear

1.4.   Conclusion

2.   LIKE PRODUCT

C.   SAMPLING

1.   SAMPLING FOR EXPORTING PRODUCERS IN THE PRC AND VIETNAM

2.   SAMPLING FOR COMMUNITY PRODUCERS

D.   DUMPING

1.   MARKET ECONOMY TREATMENT (‘MET’)

1.1.   General remark

1.2.   MET determination regarding exporting producers in the PRC

1.3.   MET determination regarding exporting producers in Vietnam

2.   INDIVIDUAL TREATMENT (‘IT’)

2.1.   IT regarding exporting producers in the PRC

2.2.   IT regarding exporting producers in Vietnam

3.   NORMAL VALUE

3.1.   Determination of the normal value for the exporting producer granted MET

3.2.   Determination of the normal value established in the analogue country

3.3.   Export price

3.4.   Comparison

3.5.   Dumping margins

3.5.1.   General methodology

3.5.2.   Dumping margins

(a)   People's Republic of China

(b)   Vietnam

E.   INJURY

1.   GENERAL

2.   COMMUNITY PRODUCTION

3.   DEFINITION OF THE COMMUNITY INDUSTRY

4.   COMMUNITY CONSUMPTION

5.   IMPORTS FROM THE COUNTRIES CONCERNED

5.1.   Cumulative assessment of the effects of the dumped imports concerned

Import volume and market shares

Average prices

5.2.   Volume, market share and price development of the dumped imports concerned

(a)   Volume and prices

(b)   Comments by the interested parties

5.3.   Undercutting

6.   PECULIARITIES OF THE FOOTWEAR SECTOR IN THE COMMUNITY

7.   SITUATION OF THE COMMUNITY INDUSTRY

7.1.   Preliminary remarks

7.2.   Macro-economic indictors

Production, production capacity and capacity utilisation

Sales volume and market share

Employment

Productivity

Growth, magnitude of dumping margin

Recovery from the effects of past dumping or subsidisation

7.3.   Micro-economic indicators

Stocks

Sales prices

Cash flow, profitability and return on investments

Ability to raise capital

Investments

Wages

7.4.   Claims of the interested parties

8.   CONCLUSION ON INJURY

F.   CAUSATION

1.   EFFECTS OF THE DUMPED IMPORTS

2.   EFFECTS OF OTHER FACTORS

2.1.   Comments by the interested parties

2.2.   Export performance of the Community industry

2.3.   Imports from other third countries

2.4.   Exchange rate fluctuations

2.5.   Lifting of the quota

2.6.   Complainants have failed to modernise, are highly fragmented and have high labour costs

2.7.   EC footwear industries re-location of production

3.   CONCLUSION ON CAUSATION

G.   COMMUNITY INTEREST

1.   INTEREST OF THE COMMUNITY INDUSTRY

2.   INTEREST OF THE OTHER ECONOMIC OPERATORS

2.1.   Interest of the consumers

2.2.   Interest of the distributors/retailers

2.3.   Interest of the unrelated importers in the Community

2.4.   Other considerations

3.   CONCLUSION ON COMMUNITY INTEREST

H.   DEFINITIVE ANTI-DUMPING MEASURES

1.   INJURY ELIMINATION LEVEL

1.1.   Underselling

1.2.   Particularities of the present proceeding

2.   UNDERTAKING

3.   DEFINITIVE DUTIES

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, originating in the People's Republic of China and Vietnam and falling within CN codes: 6403 20 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00 (8) (TARIC codes 6403300039, 6403300089, 6403511190, 6403511590, 6403511990, 6403519190, 6403519590, 6403519990, 6403591190, 6403593190, 6403593590, 6403593990, 6403599190, 6403599590, 6403599990, 6403911199, 6403911399, 6403911699, 6403911899, 6403919199, 6403919399, 6403919699, 6403919899, 6403991190, 6403993190, 6403993390, 6403993690, 6403993890, 6403999199, 6403999329, 6403999399, 6403999629, 6403999699, 6403999829, 6403999899 and 6405100080).

2.   For the purpose of this Regulation, the following definitions shall apply:

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

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

Article 2

The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation (EC) No 553/2006 of 27 March 2006 shall be definitively collected at the rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. It shall be in force for a period of 2 years.

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

Done at Luxembourg, 5 October 2006.

For the Council

The President

K. RAJAMÄKI            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 98, 6.4.2006, p. 3.

(3)  The impact resistance shall be measured according to European Norms EN345 or EN346.

(4)OJ L 298, 1.11.1997, p. 1.

(5)OJ L 240, 16.9.2005, p. 1.

(6)OJ L 60, 28.2.1998, recitals 124 to 134.

(7)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1). Regulation as last amended by Regulation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).

(8)  As defined in Commission Regulation (EC) No 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 286, 28.10.2005, p. 1). The product coverage is determined in combining the product description in Article 1(1) and the product description of the corresponding CN codes taken together.

(9)OJ L 286, 28.10.2005, p. 1.

(10)  The impact resistance shall be measured according to European Norms EN345 or EN346.

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            COMMISSION REGULATION (EC) No 1473/2006

of 5 October 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 6 October 2006.

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

Done at Brussels, 5 October 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).

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ANNEX

to Commission Regulation of 5 October 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 1474/2006

of 5 October 2006         

amending Regulations (EC) No 2771/1999 and (EC) No 1898/2005 as regards the entry into storage of intervention butter put on sale

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In Article 21 of Regulation (EC) No 2771/1999, the date ‘1 January 2005’ is replaced by the date ‘1 January 2006’.

Article 2

In Article 1(a) of Regulation (EC) No 1898/2005, the date ‘1 January 2005’ is replaced by the date ‘1 January 2006’.

Article 3

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, 5 October 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 1226/2006 (OJ L 222, 15.8.2006, p. 3).

(3)OJ L 308, 25.11.2005, p. 1. Regulation as amended by Regulation (EC) No 1417/2006 (OJ L 267, 27.9.2006, p. 34).

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            COMMISSION REGULATION (EC) No 1475/2006

of 5 October 2006         

fixing the export refunds on white and raw sugar exported without further processing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular the second subparagraph of Article 33(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Export refunds as provided for in Article 32 of Regulation (EC) No 318/2006 shall be granted on the products and for the amounts set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 6 October 2006.

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

Done at Brussels, 5 October 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 58, 28.2.2006, p. 1.

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ANNEX

Export refunds on white and raw sugar exported without further processing applicable from 6 October 2006 (1)

----

(1)  The amounts set out in this Annex are not applicable with effect from 1 February 2005 pursuant to Council Decision 2005/45/EC of 22 December 2004 concerning the conclusion and application of the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (OJ L 23, 26.1.2005, p. 17).

(1)  This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 % the refund amount applicable shall be multiplied, for each exporting operation concerned, by a conversion factor obtained by dividing by 92 the yield of the raw sugar exported, calculated in accordance with paragraph 3 of Point III of the Annex I of Regulation (EC) No 318/2006.

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            COMMISSION REGULATION (EC) No 1476/2006

of 5 October 2006         

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 958/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 5 October 2006, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 958/2006 shall be 33,750 EUR/100 kg.

Article 2

This Regulation shall enter into force on 6 October 2006.

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

Done at Brussels, 5 October 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 58, 28.2.2006, p. 1.

(2)OJ L 175, 29.6.2006, p. 49.

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            COMMISSION REGULATION (EC) No 1477/2006

of 5 October 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 6 October 2006.

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

Done at Brussels, 5 October 2006.

For the Commission

Jean-Luc 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 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

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            COMMISSION REGULATION (EC) No 1478/2006

of 5 October 2006         

fixing the maximum export refund on common wheat in connection with the invitation to tender 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

For tenders notified from 29 September to 5 October 2006, pursuant to the invitation to tender issued in Regulation (EC) No 936/2006, the maximum refund on exportation of common wheat shall be 0,00 EUR/t.

Article 2

This Regulation shall enter into force on 6 October 2006.

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

Done at Brussels, 5 October 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 amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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            COMMISSION REGULATION (EC) No 1479/2006

of 5 October 2006         

fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 1421/2006

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 12(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 29 September to 5 October 2006, pursuant to the invitation to tender issued in Regulation (EC) No 1421/2006, the maximum reduction in the duty on maize imported shall be 2,43 EUR/t and be valid for a total maximum quantity of 77 000 t.

Article 2

This Regulation shall enter into force on 6 October 2006.

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

Done at Brussels, 5 October 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 269, 28.9.2006, p. 6.

(3)OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 1558/2005 (OJ L 249, 24.9.2005, p. 6).

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 29 September 2006         

concerning a financial contribution from the Community towards a baseline survey on the prevalence of Salmonella in slaughter pigs to be carried out in the Member States

(notified under document number C(2006) 4306)

(2006/668/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Objective of the survey and general provisions

1.   A survey shall be carried out to assess the prevalence of Salmonella spp. across the Community in slaughter pigs sampled in the slaughter house. The survey shall also be used to collect at the same time information on contamination of carcases in slaughterhouses and on the relation between bacteriological and serological tests.

2.   The results of the survey shall be used to set Community targets as provided for in Article 4 of Regulation (EC) No 2160/2003 and to consider the best approach to evaluate in the future the achievement of the target.

3.   The survey shall cover a one-year period commencing on 1 October 2006.

4.   For the purposes of this Decision, ‘competent authority’ shall be the authority or authorities of a Member State as designated under Article 3 of Regulation (EC) No 2160/2003.

Article 2

Technical specifications

The survey in slaughter pigs shall be organised by the Member States and shall be performed from 1 October 2006 in slaughterhouses. Sampling and analysis shall be performed by the competent authority or under its supervision.

Sampling and analysis shall be performed in accordance with the provisions in Annex I.

Article 3

Collection of data, assessment and reporting

1.   The competent authority responsible for preparing the yearly national report pursuant to Article 9(1) of Directive 2003/99/EC of the European Parliament and of the Council (4) shall collect and assess the results achieved pursuant to Article 2 of this Decision and shall report all necessary data and its assessment to the Commission.

2.   The Commission shall forward the results to the European Food Safety authority, which shall examine them.

3.   National aggregated data and results shall be made available publicly in a form that ensures confidentiality.

Article 4

Scope of the Community financial contribution

1.   The Community shall provide financial contribution for the costs incurred by the Member States on laboratory testing, i.e. bacteriological detection of Salmonella spp., serotyping of the relevant isolates and serology.

2.   The maximum financial contribution from the Community shall be EUR 20 per test for bacteriological detection of Salmonella spp., EUR 30 for serotyping of the relevant isolates and EUR 10 for serology on meat juice.

3.   The financial contribution from the Community shall not exceed the amounts set out in Annex II for the duration of the survey.

Article 5

Conditions for granting a Community financial contribution

1.   The financial contribution provided for in Article 4 shall be granted to the Member States provided that the survey is implemented in accordance with the relevant provisions of Community law, including the rules on competition and on the award of public contracts, and subject to compliance with the following conditions:

2.   An advance of 50 % of the total amount referred to in Annex II may be paid at the request of the Member State concerned.

3.   Failure to comply with the time limit in paragraph 1(c) shall entail a progressive reduction of the financial contribution to be paid, amounting to 25 % of the total amount by 15 November 2007, 50 % by 1 December 2007 and 100 % by 15 December 2007.

Article 6

Conversion rate for applications in national currencies

The conversion rate for applications submitted in national currencies in month ‘n’ shall be that for the 10th day of month ‘n+1’ or the first day before that day for which a rate is quoted.

Article 7

Application

This Decision shall apply from 1 October 2006.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 29 September 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 224, 18.8.1990, p. 19. Decision as last amended by Decision 2006/53/EC (OJ L 29, 2.2.2006, p. 37).

(2)OJ L 325, 12.12.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1003/2005 (OJ L 170, 1.7.2005, p. 12).

(3)OJ L 349, 24.12.1998, p. 1.

(4)OJ L 325, 12.12.2003, p. 31.

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ANNEX I

Technical specifications in accordance with Article 2

1.   Sampling frame

A minimum number of pigs, kept during at least the preceding three months in the Member State, shall be ad random sampled in accordance with Table 1.

Table 1

Minimum sample size

Member States shall take a 10 % extra number of samples, to be analyzed in case some samples would be excluded from the study for various reasons.

Samplings shall be stratified by month to ensure to cover the different seasons.

Sampling shall be stratified by slaughterhouses that participate and proportional to slaughterhouse capacity. Each Member State shall rank all slaughterhouses according to their fattening pigs throughput in the previous year. Thus, each Member State shall identify those plants that accounted for at least 80 % of all slaughtered fattening pigs.

The total number of pigs and carcases to be sampled in each of the slaughterhouses included in the study shall be estimated by multiplying the sample size (e.g. 2 400) by the proportion of fattening pigs processed in the previous year. For example, if one slaughterhouse accounted for 25 % of fattening pigs slaughtered in the selected slaughterhouses (those representing at least 80 % of all fattening pigs slaughtered in the Member State), then (2 400 × 0,25) 600 pigs shall be sampled. These shall be evenly divided so that 50 pigs were sampled in every month, for 12 months. A further example is shown in Table 2.

Naturally, if a slaughterhouse is no longer in production, if a new facility has been opened or there is predicted to be a significant change in plant throughput during the survey, then the estimated throughput shall be adjusted accordingly.

Table 2

Weighing of slaughterhouses for the purpose of allocating the number of fattening pigs to be sampled from each slaughterhouse; calculation of sampled animals per slaughterhouse

For each slaughterhouse each month, a number between 1 and 31 shall be selected at random. If the randomly selected number is a slaughtering day, for that month, then that day is selected for sampling. If not, then a new number is selected randomly. This process is performed once a month and repeated so many times as there are samples to be collected at the slaughterhouse. For example, in the slaughterhouse AXD the process shall be repeated at least 36 times to select at least 36 working days randomly. Naturally, it might be more than one carcase to be sampled on the same day.

As the number of animals slaughtered on a specific day may vary enormously, the random selection of the individual animal shall take place at the slaughterhouse at the day randomly selected for sampling. The given day, the total number of animals is known, and the personnel of the slaughterhouse shall then randomly select a carcase or carcases using the randomisation sheet which has been provided to them and which has been generated using a maximum that exceeds the highest possible number of fattening pigs slaughtered on any given day in any slaughterhouse in the Member State.

A randomisation table may then look as shown in Table 3.

Table 3

Randomisation table

The following animals shall be excluded from the baseline study:

2.   Samples

2.1.   Sampling in general

The following samples shall be collected:

Records shall be kept at the slaughterhouse on the muscle which is sampled, time and date of sampling of each sample and the time and date and name of the courier that takes delivery of the samples.

2.2.   Details on sampling of ileocaecal lymph nodes

The mesenterium between the caecum and the part of the ileum that is closest to the caecum shall be torn and the ileocaecal lymph nodes are presented at the surface of the torn-open area. Without a knife, but with gloved fingers, the lymph nodes shall be bluntly ‘harvested’ from such opened mesenterium if individual lymph nodes are collected. The lymph nodes or the aggregate shall be placed in a plastic bag which is marked with date, time, slaughterhouse identification and sample identification code.

2.3.   Details on carcase sampling by surface swabs-sampling

Sampling of the carcase shall be performed after evisceration and before chilling. A surface of about 100 cm2 per site shall be swabbed using one single abrasive sponge for all the following sites as indicated and numbered below in accordance with Annex A of standard ISO 17604:

Two sites shall be swabbed with one side of the sponge, which shall then be turned over for the remaining two sites, and a scrubbing action shall be used. Enough pressure shall be used to push the lower part of the carcase slightly (2 to 5 mm) away from the sampler. The sponge shall be wiped over each sampling site for a total of approximately 10 times in the vertical and 10 times in the horizontal direction. If templates are used, precautions shall be taken to avoid cross-contamination between carcases.

The sample shall be kept at max. 7 °C during storage and transportation. The plastic bag is marked with the date, time, slaughterhouse identification and sample identification code.

3.   Transport

Samples shall be sent within 36 hours by fast mail or courier and shall reach the laboratory no later than 72 hours after sampling. Samples arriving later than within 72 hours after sampling shall be discarded unless analysis is initiated within 96 hours after sampling and the cold chain was not interrupted.

4.   Analysis of samples

Analysis and serotyping shall take place at the National Reference Laboratory (NRL). In case that the NRL does not have the capacity to perform all analyses or if it is not the laboratory that performs detection routinely, the competent authorities may decide to designate a limited number of other laboratories involved in official control of Salmonella to perform the analyses. These laboratories should have proven experience of using the required detection method and have a quality assurance system complying with ISO standard 17025 and be submitted to the supervision of the NRL.

At the laboratory, samples shall be kept refrigerated until bacteriological examination, which shall be carried out within 24 hours after receipt and so that analysis is initiated no later than 96 hours after the sample was collected.

The muscle sample for serology shall be kept frozen until analysis, which shall be carried out immediately after thawing.

4.1.   Sample preparation for bacteriology

Lymph nodes shall be surface de-contaminated before analysis by dipping into absolute alcohol and drying by air.

All lymph nodes shall be pooled and closed in a plastic bag and banged with a hammer or so on the plastic bag smashing the lymph nodes.

The homogenised lymph nodes shall be weighed and placed in a sterile container with pre-warmed buffered peptone water (BPW) in dilution 1:10. Containers shall be incubated for a total of (18 ± 2) hours at (37 ± 1) °C.

Regarding swabs sample, at the laboratory, 100 ml of BPW shall be added for pre-enrichment. The sample shall be incubated at 37 °C overnight and examined for Salmonella using the modified semi-solid Rappaport-Vassiladis medium (MRSV) method (draft Annex D of the ISO 6579:2002(E).

4.2.   Detection method for bacteriology

The method recommended by the Community Reference Laboratory (CRL) for Salmonella in Bilthoven, the Netherlands, shall be used. This method is described in the current version of draft Annex D of ISO 6579:2002: ‘Detection of Salmonella spp. in animal faeces and in samples of the primary production stage.’ In this method, MSRV shall be used as the single selective enrichment medium.

4.3.   Serotyping

All strains isolated and confirmed as Salmonella spp. shall be serotyped according to the Kaufmann-White scheme.

For quality assurance, 16 typable strains and 16 non-typable isolates shall be sent to the CRL. If less strains have been isolated, all shall be sent.

4.4.   Phage typing

In case isolates of Salmonella serovar typhimurium and Salmonella serovar enteritidis are phage typed (optional), the methods described by WHO reference centre for phage typing of Salmonella of the Health Protection Agency (HPA), Colindale, United Kingdom, shall be used.

4.5.   Testing of anti-microbial susceptibility

In case of testing for anti-microbial susceptibility (optional), a validated and controlled method for testing shall be used, such as those recommended by the National Committee for Clinical Laboratory Standards (NCCLS, since 1 January 2005: ‘Clinical and Laboratory Standards Institute’ — CLSI).

Both agar diffusion and broth dilution methods are acceptable. Results shall be reported both as quantitative data (MIC for dilution methods and inhibition zone diameter for diffusion methods) and as qualitative data (proportion resistant isolates). Qualitative data shall be based on interpretation according to epidemiological cut-off values presented by the European Committee on Antimicrobial Susceptibility Testing (EUCAST) at: http://www.eucast.org

The isolates shall be tested for the susceptibility to the antimicrobial substances listed below:

Before initiation of the study Member States are encouraged to organise training for the involved parties.

5.   Records and sample storage

Records of bacteriology shall be kept on all samples processed in a format like or comparable to the example given in Table 4.

All strains isolated shall be stored at the NRLs of the different Member States as long as it ensures integrity of the strains for a minimum of five years.

All samples of meat juice for serology shall be stored frozen for two years.

Table 4

Example of records to be taken on all processed samples

6.   Reporting from Member States

The competent authority responsible for the preparation of the yearly national report on the monitoring of Salmonella in animals pursuant to Article 9 of Directive 2003/99/EC shall collect and evaluate the results and report to the Commission.

Reports shall be made including at least the following information:

6.1.   Overall description on the implementation of the programme

6.2.   Complete data on each animal sampled and corresponding tests results:

The Member States shall submit the results of the investigation in the form of raw data using a data dictionary and data collection forms provided by the Commission. This dictionary and forms shall be established by the Commission:

The following information shall be collected in Member States for each sample sent to the laboratory:

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(1)  Based on an infinite population (> 100 000 per year), an estimated prevalence of 50 %, a confidence level of 95 % and a accuracy of 2, 3, 4 and 5 % respectively.

(2)  This number should represent at least 80 % of slaughtered fattening pigs in a Member State.

(3)  i.e. the fifth carcase to be processed on the 19th day of that month should be sampled for the survey.

(4)  Type of sample: L = lymph nodes, S = swab, MJ = meat juice.

(5)  n.a. = not applicable (phage typing is only done after Salmonella typhimurium and Salmonella enteritidis isolation).

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ANNEX II

Maximum Community financial contribution to the Member States

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ANNEX III
Text of image

Certified financial report on the implementation of a baseline survey on the prevalence of Salmonella spp. in herds of fattening pigs

Reporting period: to

Statement on costs incurred on the survey and eligible for Community financial contribution:

Reference number of Commission Decision providing Community financial contribution:

Declaration by the beneficiary

We certify that

the above costs are genuine and have been incurred in carrying out the tasks laid down in this Decision and were essential for the proper performance of those tasks;

all supporting documents supporting for the costs are available for audit purposes.

Date:

Person financially responsible:

Signature:

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            COMMISSION DECISION         

of 4 October 2006         

fixing, for the 2006 financial year and in respect of a certain number of hectares, the definitive financial allocations to Member States for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999

(notified under document number C(2006) 4348)

(Only the English, Spanish, Czech, German, Greek, French, Italian, Hungarian, Portuguese, Slovak and Slovenian texts are authentic)

(2006/669/EC)

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 14(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The definitive financial allocations to the Member States for the 2005/2006 marketing year, in respect of a certain number of hectares, for the restructuring and conversion of vineyards under Regulation (EC) No 1493/1999, for the period in the 2006 financial year, shall be as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia and the Slovak Republic.

Done at Brussels, 4 October 2006.

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 Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(2)OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1216/2005 (OJ L 199, 29.7.2005, p. 32).

(3)OJ L 271, 15.10.2005, p. 45.

(4)OJ L 272, 3.10.2006, p. 9.

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ANNEX

Definitive financial allocations for the 2005/2006 marketing year (2006 financial year)

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Acts adopted under Title V of the Treaty on European Union

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            COUNCIL DECISION 2006/670/CFSP

of 5 October 2006         

appointing a new European Union Special Representative for Central Asia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 18(5) in conjunction with Article 23(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Mr. Pierre MOREL is hereby appointed as the new European Union Special Representative for Central Asia. He shall exercise his functions in accordance with the mandate set out in Joint Action 2005/588/CFSP and the detailed arrangements therein.

Article 2

This Decision shall enter into force on the day of its adoption.

It shall apply until 28 February 2007.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 5 October 2006.

For the Council

The President

K. RAJAMÄKI            

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(1)OJ L 199, 29.7.2005, p. 100. Joint Action as amended by Joint Action 2006/118/CFSP, 20.2.2006 (OJ L 49, 21.2.2006, p. 7).

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            COUNCIL COMMON POSITION 2006/671/CFSP

of 5 October 2006         

extending the validity of Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

HAS ADOPTED THIS COMMON POSITION:

Article 1

The validity of Common Position 2004/694/CFSP is hereby extended until 10 October 2007.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 5 October 2006.

For the Council

The President

K. RAJAMÄKI            

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(1)OJ L 315, 14.10.2004, p. 52. Common Position as last amended by Council Decision 2006/484/CFSP (OJ L 189, 12.7.2006, p. 25).

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