----

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I Acts whose publication is obligatory

----

            COMMISSION REGULATION (EC) No 1701/2006

of 17 November 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 18 November 2006.

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

Done at Brussels, 17 November 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 17 November 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 1702/2006

of 17 November 2006         

fixing the minimum selling prices for butter for the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005

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

For the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the minimum selling prices for butter from intervention stocks and the amount of the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 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 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 2107/2005 (OJ L 337, 22.12.2005, p. 20).

----

ANNEX

Minimum selling prices for butter and processing security for the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005

----

----

            COMMISSION REGULATION (EC) No 1703/2006

of 17 November 2006         

fixing the maximum aid for cream, butter and concentrated butter for the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005

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

For the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the amount of the maximum aid for cream, butter and concentrated butter and the amount the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 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 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 2107/2005 (OJ L 337, 22.12.2005, p. 20).

----

ANNEX

Maximum aid for cream, butter and concentrated butter and processing security for the 20th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005

----

----

            COMMISSION REGULATION (EC) No 1704/2006

of 17 November 2006         

fixing the maximum aid for concentrated butter for the 20th individual invitation to tender opened under the standing invitation to tender provided for in Regulation (EC) No 1898/2005

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

For the 20th individual tender under the standing invitation to tender opened in accordance with Regulation (EC) No 1898/2005 the maximum amount of the aid for concentrated butter with a minimum fat content of 96 %, as referred to in Article 47(1) of that Regulation, is fixed at 19,27 EUR/100 kg,

The end-use security provided for in Article 53(4) of Regulation (EC) No 1898/2005 is fixed at 21 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 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 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 2107/2005 (OJ L 337, 22.12.2005, p. 20).

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            COMMISSION REGULATION (EC) No 1705/2006

of 17 November 2006         

fixing the minimum selling price for butter for the 52nd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

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(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 52nd individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 14 November 2006, the minimum selling price for butter is fixed at 236,21 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 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 Commission 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 1802/2005 (OJ L 290, 4.11.2005, p. 3).

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            COMMISSION REGULATION (EC) No 1706/2006

of 16 November 2006         

establishing a prohibition of fishing for saithe in ICES zone IIa (EC waters), IIIa, IIIbcd (EC waters), IV by vessels flying the flag of Belgium

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

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

Done at Brussels, 16 November 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

----

(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3)OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1642/2006 (OJ L 308, 8.11.2006, p. 5).

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ANNEX

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            COMMISSION REGULATION (EC) No 1707/2006

of 17 November 2006         

fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, lemons, table grapes, apples and peaches)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(7) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For applications for system B export licences submitted pursuant to Article 1 of Regulation (EC) No 858/2006 between 1 July and 31 October 2006, the percentages of licences to be issued and the rates of refund applicable are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

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

(3)OJ L 159, 13.6.2006, p. 5.

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ANNEX

Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between 1 July to 31 October 2006 (tomatoes, oranges, lemons, table grapes, apples and peaches)

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            COMMISSION REGULATION (EC) No 1708/2006

of 17 November 2006         

on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98 (2),

Having regard to Commission Regulation (EC) No 2247/2003 of 19 December 2003 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 2286/2002 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) (3), and in particular Article 5 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The following Member States shall issue on 21 November 2006 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:

Article 2

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

Article 3

This Regulation shall enter into force on 18 November 2006.

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

Done at Brussels, 17 November 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(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 L 348, 21.12.2002, p. 5.

(3)OJ L 333, 20.12.2003, p. 37. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(4)OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 7 November 2006         

on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011         

(2006/788/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011 is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement shall apply provisionally from 3 December 2005.

Article 3

The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows:

If licence applications from these Member States do not exhaust all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 4

The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Gabonese fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (2).

Article 5

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Done at Brussels, 7 November 2006.

For the Council

The President

E. HEINÄLUOMA            

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(1)  Approved by Council Regulation (EC) No 580/2002 of 25 March 2002 (OJ L 89, 5.4.2002, p. 3).

(2)OJ L 73, 15.3.2001, p. 8.

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            AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS         

on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Gabonese Republic on fishing off the Coast of Gabon for the period from 3 December 2005 to 2 December 2011         

A.   Letter from the Government of Gabon

Sir,

With reference to the Protocol, initialled on Friday 28 October 2005, setting out the fishing opportunities and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have the honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise.

This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2006.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.

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

For the Government of Gabon

B.   Letter from the European Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

                  ‘With reference to the Protocol, initialled on Friday 28 October 2005, setting out the fishing opportunities and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have the honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise.

This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2006.’               

I am pleased to confirm the agreement of the European Community to a provisional application.

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

For the Council of the European Union

            PROTOCOL         

setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011         

Article 1

Period of application and fishing opportunities

1.   For a period of six years from 3 December 2005, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:

Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention)

2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.

3.   Vessels flying the flag of a Member State of the European Community may fish in the Gabonese fishing zone only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.

Article 2

Financial contribution — Methods of payment

1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 715 000 equivalent to a reference tonnage of 11 000 tonnes per year and a specific amount of EUR 145 000 per year for the support and implementation of initiatives taken in the context of the Gabonese sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.

2.   Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol.

3.   The Community shall pay the sum of the amounts referred to in paragraph 1, i.e. EUR 860 000, each year during the period of application of this Protocol.

4.   If the overall quantity of catches by Community vessels in Gabonese waters exceeds 11 000 tonnes per year, the amount of the annual financial contribution (EUR 715 000) shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount indicated in paragraph 3 (EUR 1 430 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

5.   Payment of the financial contribution referred to in paragraph 1 shall be made no later than 30 September 2006 for the first year and no later than 30 June 2007, 2008, 2009, 2010 and 2011 for the following years.

6.   Subject to Article 6, the Gabonese authorities shall have full discretion regarding the use to which this financial contribution is put.

7.   The financial contribution shall be paid into account No 47069 X, ‘Pêche Maritime’ (Sea Fisheries) in the name of the Public Treasury of Gabon.

Article 3

Cooperation on responsible fishing — Scientific meeting

1.   The Parties hereby undertake to promote responsible fishing in Gabonese waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.

2.   During the period covered by this Protocol, the Community and the Gabonese authorities shall endeavour to monitor the evolution of resources in the Gabonese fishing zone.

3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within COREP.

4.   In accordance with Article 4 of the Agreement and on the basis of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT), and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of Community vessels.

Article 4

Review of fishing opportunities by mutual agreement

1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) confirm that such an increase will not endanger the sustainable management of Gabon's resources. In this case the financial contribution of EUR 715 000 referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community in respect of the reference tonnage shall not be more than twice the amount of EUR 715 000. Where the quantities caught annually by Community vessels are more than twice 11 000 (i.e. 22 000) tonnes, the amount due for the quantity exceeding that limit shall be paid the following year.

2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.

3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3 regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

Article 5

New fishing opportunities

1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult Gabon in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

2.   The Parties shall encourage exploratory fishing, particularly as regards deep-sea species present in Gabonese waters. To this end, at the request of one of the Parties, they shall consult each other and determine on a case-by-case basis the relevant species, conditions and other parameters.

The Parties shall carry out exploratory fishing in accordance with parameters that shall be agreed by both Parties in an administrative arrangement where appropriate. The authorisations for exploratory fishing should be agreed for a maximum period of six months. If the Parties conclude that the exploratory campaigns have achieved convincing results, the Gabonese Government may allocate fishing opportunities for the new species to the Community fleet, until the expiry of this Protocol. The financial compensation referred to in Article 2(1) of the current Protocol shall consequently be increased.

Article 6

Suspension and review of the payment of the financial contribution in the event of unusual circumstances

1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in the Gabonese exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1). The suspension decision shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.

2.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.

3.   Where the validity of the licences granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.

Article 7

Promotion of responsible fishing in Gabonese waters

1.   Sixty percent (60 %) of the total amount of the financial contribution fixed in Article 2 shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Gabonese Government.

Gabon shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Gabonese fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below.

2.   On a proposal from Gabon and for the purposes of the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and Gabon shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

3.   Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.

4.   Each year, Gabon shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, Gabon shall notify the Community of the allocation no later than 1 May of the previous year.

5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.

Article 8

Disputes — suspension of application of the Protocol

1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary.

2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.

Article 9

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 3, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

Article 10

National law

The activities of Community vessels operating in Gabonese waters shall be governed by the applicable law in Gabon, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 11

Review clause

During the fourth year of application of this Protocol, the Annex and the Appendices hereto, the Parties may review the provisions of the Protocol, the Annex and the Appendices and, where necessary, make amendments. These amendments may include the reference tonnage and the flat-rate advances paid by shipowners.

Article 12

Repeal

The Annex to the Agreement between the European Community and Gabonese Republic on fishing off the coast of Gabon is hereby repealed and replaced by the Annex to this Protocol.

Article 13

Entry into force

1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

2.   It shall apply as from 3 December 2005.

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE GABONESE FISHING ZONE

CHAPTER I

APPLICATION FOR AND ISSUE OF LICENCES

SECTION 1

Issue of licences

1.   Only eligible vessels may obtain a licence to fish in the Gabonese fishing zone.

2.   For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in Gabon. They must be in order vis-à-vis the Gabonese authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Gabon under fisheries agreements concluded with the Community.

3.   Any Community vessel applying for a fishing licence may be represented by an agent resident in Gabon. The name and address of that representative shall be stated in the licence application.

4.   The relevant Community authorities shall present to the Ministry responsible for fisheries in Gabon an application for each vessel wishing to fish under the Agreement at least 15 working days before the date of commencement of the period of validity requested.

5.   Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the specimen in Appendix I.

6.   All licence applications shall be accompanied by the following documents:

7.   The fee shall be paid into the account specified by the Gabonese authorities in accordance with Article 2(7) of the Protocol.

8.   The fees shall include all national and local charges with the exception of port taxes and service charges.

9.   Licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation to Gabon within 15 working days of receipt of all the documents referred to in point 6 by the Ministry responsible for fisheries in Gabon.

10.   If a licence is signed at a time when the European Commission Delegation offices are closed, it may be sent direct to the vessel's agent, with a copy to the Delegation.

11.   Licences shall be issued for a specific vessel and shall not be transferable.

12.   However, at the request of the European Community and where force majeure is proven, a vessel's licence shall be replaced by a new licence for another vessel of the same category as the first vessel, as referred to in Article 1 of the Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels.

13.   The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry responsible for fisheries in Gabon via the European Commission Delegation.

14.   The new licence shall take effect on the day that the vessel's owner returns the cancelled licence to the Ministry responsible for fisheries in Gabon. The European Commission Delegation to Gabon shall be informed of the licence transfer.

15.   The licence must be held on board at all times, without prejudice to what is laid down in point 2 of Chapter VIII of this Annex.

SECTION 2

Licence conditions — Fees and advance payments

1.   Licences shall be valid for a period of one year. They shall be renewable.

2.   The fee shall be EUR 35 per tonne caught within the Gabonese fishing zone in the case of tuna seiners and surface longliners.

3.   Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

4.   No later than 15 May of each year, the Member States shall notify the European Commission, with a copy to the European Commission Delegation and the Gabonese authorities, of the catch tonnages for the past year, as confirmed by the scientific institutes referred to in point 5 below.

5.   The final statement of the fees due for year n shall be drawn up by the European Commission by 30 June of year n + 1 at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das Pescas e do Mar (IPIMAR) via the European Commission Delegation.

6.   This statement shall be sent simultaneously to the Ministry responsible for fisheries in Gabon and to the shipowners.

7.   Any additional payments shall be made by the shipowners to the competent Gabonese national authorities by 31 July of year n + 1 at the latest, into the account referred to in point 7 of Section 1 of this Chapter.

8.   However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

FISHING ZONES

1.   Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines in the case of tuna seiners and surface longliners.

2.   Zones prohibited to shipping:

The zones adjacent to oil extraction activities shall be closed to all shipping.

The Ministry responsible for fisheries in the Gabonese Republic shall notify the coordinates of these zones to shipowners when the fishing licence is issued.

The zones closed to shipping shall also be notified for information purposes to the European Commission Delegation in the Gabonese Republic, as shall all changes to these zones, which shall be announced at least two months before enforcement.

CHAPTER III

CATCH REPORTING ARRANGEMENTS

1.   For the purposes of this Annex, the duration of a trip by a Community vessel shall be defined as follows:

2.   All vessels authorised to fish in Gabonese waters under the Agreement shall be obliged to communicate their catches to the Ministry responsible for fisheries in Gabon so that it can check the quantities caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Catches shall be communicated as follows:

3.   Where the provisions set out in this Chapter are not complied with, the Gabonese Government reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply to the shipowner the penalty laid down in current Gabonese legislation. The European Commission and the flag Member State shall be informed thereof.

CHAPTER IV

TRANSHIPMENT AND LANDINGS

The Parties shall cooperate with a view to improving landing or transhipment options in Gabonese ports.

1.   Landings:

Community tuna vessels which opt to land their catches in a Gabonese port shall benefit from a reduction of EUR 5 per tonne landed in the fee indicated in point 2 of Section 2 of Chapter 1 of the Annex.

An additional reduction of EUR 5 shall be granted where fisheries products are sold to a Gabonese processing factory.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches (as defined in Chapter III of the Annex) from the first year of this Protocol.

2.   Detailed rules on checks on the tonnages landed or transhipped shall be laid down at the first meeting of the Joint Committee.

3.   Evaluation:

The level of the financial incentives and the maximum percentage of the final statement of catches shall be adjusted within the Joint Committee, in accordance with the socio-economic impact of landings in the year concerned.

CHAPTER V

EMBARKING SEAMEN

1.   Owners of tuna vessels and surface longliners shall employ ACP nationals, subject to the following conditions and limits:

2.   Shipowners shall endeavour to sign on additional seamen of ACP origin.

3.   The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by Community vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

4.   The employment contracts of seamen from the ACP countries shall be drawn up between the shipowners' representative(s) and the seamen and/or their trade unions or representatives. A copy shall be given to the signatories. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.

5.   The wages of the seamen from the ACP countries shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual agreement among the shipowners or their representatives. However, the wage conditions granted to local seamen shall not be lower than those applied to Gabonese crews and shall under no circumstances be below ILO standards.

6.   All seamen employed aboard Community vessels shall report to the skipper of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, shipowners shall be automatically absolved of their obligation to take the seaman on board.

CHAPTER VI

TECHNICAL MEASURES

Vessels shall comply with the measures and recommendations adopted by ICCAT in the region regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VII

OBSERVERS

1.   Vessels authorised to fish in Gabonese waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below.

2.   The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Gabonese authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent regional authority when the name of the observer appointed to board the vessel in question is notified.

3.   The conditions under which observers are taken on board shall be agreed between shipowners or their representatives and the competent regional authorities.

4.   Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Gabonese waters after notification of the list of designated vessels.

5.   Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which Gabonese ports and on what dates they intend to take observers on board.

6.   Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the observer's return as soon as possible at the expense of the shipowner.

7.   If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.

8.   Observers shall be treated as officers. Where vessels are operating in Gabonese waters, they shall carry out the following tasks:

9.   Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

10.   Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.

11.   While on board, observers shall:

12.   At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent regional authorities, with a copy to the European Commission. They shall sign it in the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper's signature. A copy of the report shall be handed to the skipper when the observer is put ashore.

13.   Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel.

14.   The salary and social contributions of the observer shall be borne by the competent regional authorities.

CHAPTER VIII

MONITORING

1.   The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the Gabonese authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

2.   Community vessels may be included on the list referred to in the previous point upon receipt of notification of the advance payment referred to in point 3 of Section 2 of Chapter I of this Annex. The shipowner may then obtain a certified copy of this list to be kept on board instead of the fishing licence until the licence has been issued.

3.   Entering and leaving the zone

3.1.   Community vessels shall notify, at least three hours in advance, the Gabonese authorities responsible for fisheries inspection of their intention to enter or leave the Gabonese fishing zone; they shall also declare the overall quantities and the species on board.

3.2.   When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax (+241-76 46 02) or, for vessels not equipped with a fax, by radio (call sign DGPA-6241 MH2) or e-mail (dgpa@internetgabon.com).

3.3.   Vessels found to be fishing without having informed the competent Gabonese authority shall be regarded as vessels in breach of the legislation.

3.4.   Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.

4.   Control procedures

4.1.   Skippers of Community fishing vessels engaged in fishing activities in Gabonese waters shall allow and facilitate boarding and the discharge of their duties by any Gabonese official responsible for the inspection and control of fishing activities.

4.2.   These officials shall not remain on board for longer than is necessary for the discharge of their duties.

4.3.   Once the inspection has been completed, a certificate shall be issued to the skipper of the vessel.

5.   Satellite monitoring

5.1.   All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 4. These provisions shall enter into force on the 10th day following notification by the Gabonese Government to the European Community Delegation in Gabon of the entry into operation of the Gabonese Fisheries Monitoring Centre (FMC).

6.   Boarding

6.1.   The competent Gabonese authorities shall inform the flag State and the European Commission, within no more than 24 hours, of all boardings of and penalties imposed on Community vessels in Gabonese waters.

6.2.   The flag State and the European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

7.   Statement of boarding

7.1.   After the competent Gabonese authorities have drawn up a statement, the skipper of the vessel shall sign it.

7.2.   This signature shall not prejudice the rights of the skipper or any defence which he or she may make to the alleged infringement.

7.3.   The skipper shall take the vessel to the port indicated by the Gabonese authorities. In the case of minor infringements, the competent Gabonese authorities may authorise the boarded vessel to continue its fishing activities.

8.   Consultation meeting in the event of boarding

8.1.   Before any measures regarding the skipper or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent Gabonese authorities, possibly attended by a representative of the Member State concerned.

8.2.   At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

9.   Settlement of boarding

9.1.   Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding.

9.2.   In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Gabonese legislation.

9.3.   If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be paid by the shipowner into a bank account specified by the competent Gabonese authorities.

9.4.   The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Gabonese authorities.

9.5.   The vessel shall be released and its crew authorised to leave the port:

10.   Transhipment

10.1.   All Community vessels wishing to tranship catches in Gabonese waters shall do so within Gabonese ports.

10.2.   The owners of such vessels must notify the following information to the competent Gabonese authorities at least 24 hours in advance:

10.3.   Transhipment shall be considered as an exit from the Gabonese fishing zone. Vessels must therefore submit their catch declarations to the competent Gabonese authorities and state whether they intend to continue fishing or leave the Gabonese fishing zone.

10.4.   Any transhipment of catches not covered above shall be prohibited in the Gabonese fishing zone. Any person infringing this provision shall be liable to the penalties provided for by Gabonese law.

11.   Skippers of Community fishing vessels engaged in landing or transhipment operations in a Gabonese port shall allow and facilitate the inspection of such operations by Gabonese inspectors. Once the inspection has been completed in the port, a certificate shall be issued to the skipper of the vessel.

Appendices

1.   

Licence application form

2.   

ICCAT logbook

3.   

Provisions applicable to the satellite-based vessel monitoring system (VMS) and coordinates of the Gabonese fishing zone

Appendix 1
Text of image

Ministry of Fisheries

APPLICATION FOR A LICENCE FOR FOREIGN INDUSTRIAL FISHING VESSELS:

1. Name of shipowner:

2. Address of shipowner:

3. Name of representative or agent:

4. Address of shipowner's representative or local agent:

5. Name of skipper:

6. Name of vessel:

7. Registration No:

8. Fax No:

9. E-mail address:

10. Radio code:

11. Date and place of construction:

12. Flag country:

13. Port of registration:

14. Port of fitting out:

15. Overall length:

16. Width of vessel:

Text of image

17. Gross registered tonnage:

18. Net tonnage:

19. Hold capacity:

20. Cold storage and freezing capacity:

21. Engine type and horse power:

22. Fishing gear:

23. Number of crew:

24. Communications equipment:

25. Call sign:

26. Identification markings:

27. Fishing operations to be carried out:

28. Place of landing:

29. Fishing zones:

30. Species to be caught:

31. Period of validity:

32. Special conditions:

Opinion of the Directorate-General for Fisheries and Aquaculture:

Comments of the Ministry responsible for fisheries:

Appendix 2
Text of image

ICCAT logbook for tuna fishery

Name of vessel:

Gross tonnage:

Vessel DEPARTED:

Vessel RETURNED:

Month

Day

Year

Port

Flag country:

Capacity — (MT):

Registration No:

Skipper:

Shipowner:

No of crew:

Address:

Reporting date:

(Reported by):

No of days at sea:

No of fishing days:

No of sets made:

Trip number:

Date

Sector

Surface water temp. (°C)

Fishing effort

No of hooks used

Catches

Bait used

Month

Day

Latitude N/S

Longitude E/W

Bluefin tuna

Thunnus thynnus or maccoyi

Yellowfin tuna

Thunnus albacares

(Bigeye tuna)

Thunnus obesus

(Albacore)

Thunnus alalunga

(Swordfish)

Xiphias gladius

(Strip marlin) (White marlin) Tetraptunus audax or albidus

(Black marlin)

Makaira indica

(Sailfish)

Istiophorus albicane or platypterus

Skipjack

Katsuwonus pelamis

(Miscellaneous fish)

Daily total (weight in kg only)

Saury

Squid

Live bait

(Other)

No

Weight (kg)

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

Landing weight (in kg)

Notes

1 — Use one sheet per month, and one line per day.

2 — At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain.

3 — ‘Day’ refers to the day you set the line.

4 — Fishing area refers to the position of the boat. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W.

5 — The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded.

6 — All information reported herein will be kept strictly confidential.

Longline

Live bait

Purse seine

Trawl

Outros (Others)

Appendix 3

Provisions applicable to satellite monitoring of Community fishing vessels operating in the Gabonese EEZ and on the basis of the EC/GABON Fisheries Agreement

Communication of VMS messages to Gabon

Position report

Character set: ISO 8859.1

Each data transmission is structured as follows:

Optional data elements have to be inserted between the start and end of the record.

Limits of the Gabonese EEZ

Coordinates of EEZ

The competent Gabonese authorities shall notify the competent departments of the zones closed to shipping. They undertake to give notification at least one month in advance of any amendment to those prohibited zones.

Coordinates of the Gabonese FMC

Name of FMC:

VMS Tel.:

VMS Fax:

VMS E-mail:

DSPG Tel.:

DSPG Fax:

Address X25 =

Declaration of entries/exits:

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            COUNCIL DECISION         

of 13 November 2006         

on consultation and information procedures in matters of credit insurance, credit guarantees and financial credits

(Codified version)

(2006/789/EC)

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,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

This Decision concerns the procedures for consultation and information in matters of credit insurance, credit guarantees and financial credits.

TITLE I

GENERAL PROCEDURE

SECTION I

Scope

Article 2

1.   Consultation in accordance with the procedure laid down in Section II shall take place where it is proposed — by a State, any other State organisation or any State body for credit insurance or finance — to grant or guarantee, fully or partially, foreign credits:

2.   The consultation procedure shall be applicable:

3.   Mixed credits combining public and private funds and global private credit arrangements combined with public fund interest subsidies shall for the purpose of the consultation procedure be considered as public credits.

Article 3

1.   ‘Global credit arrangement’ shall mean any understanding or statement, in whatever form, whereby the intention to guarantee supplier or financial credits or to open financial credits, up to a specified or ascertainable ceiling, and in respect of a connected series of transactions, is made known to a third country or to exporters or to financial institutions.

The consultation procedure shall be applicable to these global arrangements even where the nature of the transactions has not been specified and no formal commitment has been entered into, without prejudice to the right to decide on each particular contract.

2.   If, in the course of a consultation on the granting of a global arrangement — whether public or private in nature — a Member State or the Commission should request oral consultation and if in the course of this oral consultation seven Member States should request that all or some of the individual contracts to be charged to this global arrangement constitute the subject of prior consultations, consultation shall be applicable to such contracts.

3.   Any Member State which has granted a global arrangement shall, at a date subsequent thereto, and every six months thereafter, give notification of the use made of that arrangement.

SECTION II

Procedure

Article 4

In the case of an individual contract, the Member State initiating consultation shall supply the following information:

Article 5

In the case of global credit arrangements, the Member State initiating consultation shall supply the following information:

Article 6

The following numbering shall be observed when transmitting information:

Article 7

In order to enable Member States to coordinate their attitudes in due and proper time, the information prescribed under Articles 4 and 5 must be transmitted as soon as possible after initiation of the study either of the guarantees and the proposed credits proper, or of any other decision which, under the terms of national regulations or national administrative practices, would constitute a prerequisite for the subsequent examination of such guarantees or credits.

Article 8

Where there are changes in the factors justifying departure from the norms or if new basic terms of the credit are proposed which differ from those initially specified by the consulting Member State, renewed consultation shall take place under a revised reference.

If, however, the new terms proposed are more restrictive, the Member State concerned shall be committed only to direct information under the initial reference.

Article 9

The information specified in Articles 4 and 5, the replies specified in Article 10 and the notification referred to in Article 15 shall be transmitted by telex to recipients designated by each Member State, the Commission and the General Secretariat of the Council respectively.

All correspondence relating to a consultation shall bear the latter's number and an indication of the country of destination.

Article 10

1.   Member States and the Commission may:

2.   Where transactions subject to consultation receive an unfavourable opinion from seven Member States, consultative meetings shall take place automatically.

3.   Except where Article 13 applies, the consulting Member State shall suspend its decision until the expiry of the periods prescribed in Article 11, or, where a consultative meeting is due to take place automatically under paragraph 2, until such meeting has been held.

Article 11

The procedure referred to in Article 10(1) must be initiated within a period of seven calendar days from the date of the introductory communication from the consulting Member State.

Where requests for additional details are addressed to the consulting Member State, by the date of expiry of the seven calendar-day time-limit at the latest, the latter must reply within five calendar days at the latest.

Participants in the aforementioned procedure shall be allowed a maximum period of three working days following receipt of such additional details within which to express their opinion.

Article 12

Failure on the part of the Member States consulted or of the Commission to reply within the periods prescribed in Article 11 shall be deemed an absence of comments as defined in point (a) of Article 10(1).

As soon as a Member State requesting additional details has notified the recipients referred to in Article 9 of failure to receive a reply by the date of expiry of the period prescribed in the second paragraph of Article 11 a consultative meeting shall take place automatically and Article 10(3) shall apply.

Article 13

As an exceptional measure, the consulting Member State may take an immediate decision on the transaction proposed if it considers that such decision can no longer be delayed.

However, except in the case of public credits, the first paragraph shall not apply:

Article 14

Consultative meetings shall be held on the occasion of any meeting of the Policy Coordination Group for Credit Insurance, Credit Guarantees and Financial Credits set up by the Council Decision of 27 September 1960, or of its subgroups. Further, if any Member State so requests, special meetings shall be convened in between meetings of the Group or of its subgroups.

Member States and the Commission shall communicate to the recipients referred to in Article 9, if possible four calendar days before the consultative meetings, lists of the matters which they intend to submit for discussion.

Consultative meetings shall be held at the seat of the General Secretariat of the Council.

Article 15

In all cases the final decision taken in respect of each transaction shall be made known to the other Member States. The notification of such decision shall be accompanied by a statement of the reasons for which the consulting Member State was unable to take account of any comments, reservations or unfavourable opinions expressed by the partners consulted.

TITLE II

SPECIAL PROCEDURES

Article 16

Any Member State may ask any other Member State whether it has knowledge of a transaction which until then has not been the subject of consultation and, in particular, of the credit terms alleged by an exporter or a financial institution. Should no reply to these requests for details be forthcoming within seven calendar days, the enquiring Member State shall be entitled to consider that the Member State consulted has knowledge of this matter and that the alleged credit terms are deemed to have been established. In accordance with the procedure referred to in Title I, the enquiring Member State shall have the right to institute a consultation while indicating expressly that it is motivated by a competitive situation which is deemed to have been established.

If consultation has already been initiated by a Member State and another Member State which is called upon to support the same transaction questions the first-mentioned State as to its final position, failure to reply to such questioning on the expiry of a period of five working days shall authorise the enquiring Member State to consider that the Member State thus questioned has supported the matter on the terms indicated during consultation.

Article 17

Untied credits departing from the norms set out in Annex I or from any other norm adopted by the Member States shall, within the framework of the Policy Coordination Group for Insurance Credit, Credit Guarantees and Financial Credits, entail notification:

Article 18

When a Member State concludes with a third country an agreement which refers to the possible grant of credits without specifying the precise terms thereof:

TITLE III

PERIODIC REPORTS

Article 19

The Policy Coordination Group for Credit Insurance, Credit Guarantees and Financial Credits shall submit half-yearly reports on the application of the procedure referred to in Titles I and II.

These periodic reports notwithstanding, supplementary reports shall also be drawn up, if the nature and importance of the difficulties encountered in the application of the relevant procedure so require.

TITLE IV

FINAL PROVISIONS

Article 20

Decision 73/391/EEC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex IV.

Article 21

This Decision is addressed to the Member States.

Done at Brussels, 13 November 2006.

For the Council

The President

E. TUOMIOJA            

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(1)OJ C 226 E, 15.9.2005, p. 43.

(2)OJ C 302, 7.12.2004, p. 19.

(3)OJ L 346, 17.12.1973, p. 1. Decision as last amended by the 1994 Treaty of Acccession.

(4)  See Annex III.

(5)OJ 66, 27.10.1960, p. 1339.

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ANNEX I

COMMUNITY NORMS WHICH CANNOT BE DEPARTED FROM WITHOUT CONSULTATION

A.   Duration of credits

The duration of any credit granted, whether supplier credit or financial credit, must not exceed five years calculated from the following starting points:

B.   Percentage of local expenditure

In the case of guaranteed private credits, the balance of the local portion payable on credit must not exceed 5 % of the contract price.

However, consultation shall not be instituted in the case of contracts which provide for payment of the local portion to be made, at the latest, upon the expiry of a period of three months calculated from the final completion of the works or deliveries.

For the proper interpretation of this rule:

C.   Leasing contracts

For the purposes of application of the rules, which are the subject of the present Decision, leasing contracts shall be treated as credits. Where their total duration is not expressly restricted, such duration shall be regarded as being in excess of five years.

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ANNEX II

SCALE OF VALUES TO BE USED

----

ANNEX III

REPEALED DECISION WITH ITS AMENDMENT

----

(1)  Decision 73/391/EEC was also amended by the following acts which have not been repealed:

----

ANNEX IV

CORRELATION TABLE

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Commission

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            COMMISSION DECISION         

of 7 November 2006         

concerning initiation of dispute settlement proceedings against India under the Understanding on Rules and Procedures Governing the Settlement of Disputes and other relevant WTO provisions as regards an obstacle to trade constituted by an Additional Duty on imported wines and spirits and an Extra Additional Duty on imported spirits maintained by India, and a ban on sale of imported wines and spirits maintained by the Indian State of Tamil Nadu

(2006/790/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994, laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (1), and in particular Articles 12(1) and 13(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The maintenance and application of an Additional Duty on imported wines and spirits and of an Extra Additional Duty on imported spirits by India, and the maintenance and application of a ban on sale of imported wines and spirits by the Indian State of Tamil Nadu appear to be inconsistent with India's obligations under the Marrakech Agreement Establishing the World Trade Organisation and, in particular, under the provisions of the General Agreement on Tariffs and Trade 1994, and constitute an obstacle to trade within the meaning of Article 2(1) of Regulation (EC) No 3286/94.

Article 2

The Community will initiate dispute settlement proceedings against India pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes and the other relevant WTO provisions with a view to securing removal of the obstacle to trade referred to in Article 1.

Done at Brussels, 7 November 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

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(1)OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation (EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

(2)  The proceeding concerns wines, vermouths, aromatised wines and spirits classified under HS headings 2204, 2205, 2206 and 2208. They include still and sparkling wines, vermouths and other fortified wines such as port and sherry, and spirit drinks distilled from raw materials of agricultural origin such as brandies and wine spirits, whiskies, gin, vodka, rum and liqueurs.

(3)OJ C 228, 17.9.2005.

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            COMMISSION DECISION         

of 7 November 2006         

establishing the composition of the Gas Coordination Group

(Text with EEA relevance)

(2006/791/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (1), and in particular Article 7(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Composition of the Gas Coordination Group

1.   Each Member State may nominate not more than two representatives from its competent authorities.

2.   The representative bodies of the industry concerned are:

Each of these organizations shall nominate not more than two representatives for participation in the meetings of the Group.

3.   The representative bodies of relevant consumers are:

Each of these organizations shall nominate not more than two representatives for participation in the meetings of the Group.

4.   Participants of the Gas Coordination Group meetings shall be nominated for each meeting.

5.   The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4).

Article 2

Tasks of the Gas Coordination Group

The tasks of the Gas Coordination Group shall be:

Article 3

Operation

1.   The Gas Coordination Group shall be chaired by the Commission.

2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled.

3.   The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the Gas Coordination Group’s or sub-group’s deliberations if this is useful and/or necessary.

4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission or any other member of the Gas Coordination Group, that information relates to confidential matters.

5.   The Gas Coordination Group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.

6.   The Gas Coordination Group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.

7.   Without prejudice to paragraph 4 of this Article, the Commission may publish on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the Gas Coordination Group on the website of the relevant Commission service.

Article 4

Meeting expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for participants of the Gas Coordination Group meetings, experts and observers in connection with the Gas Coordination Group’s activities in accordance with the Commission’s rules on the compensation of external experts.

The participants of the Gas Coordination Group meetings, experts and observers shall not be remunerated for the services they render.

Meeting expenses are reimbursed within the limits of the annual budget allocated to the Gas Coordination Group by the responsible Commission services.

Done at Brussels, 7 November 2006.

For the Commission

Andris PIEBALGS            

Member of the Commission

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(1)OJ L 127, 29.4.2004, p. 92.

(2)OJ L 176, 15.7.2003, p. 57.

(3)OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

(4)OJ L 8, 12.1.2001, p. 1.

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Corrigenda

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Corrigendum to Council Regulation (EC) No 1412/2006 of 25 September 2006 concerning certain restrictive measures in respect of Lebanon

(Official Journal of the European Union L 267 of 27 September 2006)

In the Annex, on page 6, the fax number in the following address has been changed:

for:

               ‘Fax: (49-89) 70 90 97 38 00’            

read:

               ‘Fax: (49-69) 70 90 97 38 00’.

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