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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1550/2006

of 17 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 18 October 2006.

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

Done at Brussels, 17 October 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

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

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ANNEX

to Commission Regulation of 17 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 1551/2006

of 17 October 2006         

imposing a provisional anti-dumping duty on imports of certain frozen strawberries originating in the People’s Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (1) (the basic Regulation), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   INITIATION

2.   PARTIES CONCERNED BY THE PROCEEDING

3.   SAMPLING

4.   INVESTIGATION PERIOD (IP)

5.   PRODUCT CONCERNED AND LIKE PRODUCT

5.1.   General

5.2.   Product concerned

5.3.   Like product

B.   DUMPING

6.   MARKET ECONOMY TREATMENT

7.   INDIVIDUAL TREATMENT (IT)

8.   NORMAL VALUE

8.1.   General methodology

8.2.   Determination of normal value for exporting producers granted MET

8.3.   Determination of normal value for all exporting producers not granted MET or granted IT

(a)   Analogue country

(b)   Determination of normal value in the analogue country

9.   EXPORT PRICES

10.   COMPARISON

11.   DUMPING MARGIN

11.1.   Determination of dumping margins for the cooperating exporting producer granted MET/IT

(a)   MET

(b)   IT

12.   DETERMINATION OF DUMPING MARGINS FOR ALL OTHER EXPORTING PRODUCERS

C.   INJURY

13.   COMMUNITY PRODUCTION

14.   DEFINITION OF THE COMMUNITY INDUSTRY

15.   SAMPLING FOR INJURY ASSESSMENT PURPOSES

16.   COMMUNITY CONSUMPTION

17.   IMPORTS INTO THE COMMUNITY FROM THE PRC

17.1.   Volume and market share of imports of the product concerned

17.2.   Prices of imports and price undercutting

18.   SITUATION OF THE PRODUCERS IN THE COMMUNITY

18.1.   Situation of the Community industry

18.1.1.   Production, production capacity and capacity utilisation

18.1.2.   Stocks

18.1.3.   Sales volume, market share and average sales prices

18.1.4.   Profitability, return on investments and cash flow

18.1.5.   Investments and ability to raise capital

18.1.6.   Employment, productivity and wages

18.1.7.   Magnitude of the actual margin of dumping

18.1.8.   Effects of past dumping or subsidisation

18.2.   Macroeconomic data of Community production as a whole

18.3.   Conclusion on injury

D.   CAUSATION

19.   PRELIMINARY REMARK

20.   IMPACT OF THE IMPORTS FROM THE PRC

21.   IMPACT OF IMPORTS FROM THIRD COUNTRIES

22.   IMPACT OF CHANGES IN EXPORT PERFORMANCE OF THE COMMUNITY INDUSTRY

23.   IMPACT OF DECREASED COMMUNITY INDUSTRY PRODUCTION AND ALLEGED DECREASE IN CONSUMPTION

24.   IMPACT OF ALLEGED STRUCTURAL DEFICIENCIES WITH COMMUNITY PRODUCERS

25.   IMPACT OF ALLEGATIONS RELATING TO SPECULATIVE BUSINESS DECISIONS BY COMMUNITY PRODUCERS

26.   IMPACT OF CURRENCY FLUCTUATIONS

27.   CONCLUSION ON CAUSATION

E.   COMMUNITY INTEREST

28.   GENERAL CONSIDERATIONS

29.   INTEREST OF THE COMMUNITY INDUSTRY

30.   INTEREST OF UNRELATED IMPORTERS

31.   INTEREST OF USERS

31.1.   Preliminary remark

31.2.   The use of frozen strawberries

31.3.   Shortage of supply and the need for different sources of frozen strawberries

31.4.   Increased raw material cost and lack of competition

31.5.   Conclusion on users’ interest

32.   INTEREST OF SUPPLIERS

33.   CONCLUSION ON COMMUNITY INTEREST

F.   PROVISIONAL ANTI-DUMPING MEASURES

34.   INJURY ELIMINATION LEVEL

35.   PROVISIONAL MEASURES

G.   FINAL PROVISION

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports o strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweeteners, originating in the People’s Republic of China and falling within CN codes 0811 10 11, 0811 10 19 and 0811 10 90.

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

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

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

Article 2

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

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

Article 3

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

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

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

Done at Brussels, 17 October 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

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

(2)OJ C 14, 19.1.2006, p. 14.

(3)

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            COMMISSION REGULATION (EC) No 1552/2006

of 17 October 2006         

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year

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),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular of the Article 36,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 18 October 2006.

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

Done at Brussels, 17 October 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 55, 28.2.2006, p. 1.

(2)OJ L 178, 1.7.2006, p. 24.

(3)OJ L 179, 1.7.2006, p. 36.

(4)OJ L 282, 13.10.2006, p. 21.

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ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99  applicable from 18 October 2006

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(1)  Fixed for the standard quality defined in Annex I.III to Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).

(2)  Fixed for the standard quality defined in Annex I.II to Regulation (EC) No 318/2006.

(3)  Fixed per 1 % sucrose content.

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            COMMISSION REGULATION (EC) No 1553/2006

of 17 October 2006         

establishing a prohibition of fishing for cod in ICES zones I and IIb by vessels flying the flag of The United Kingdom

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 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, 17 October 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

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(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 Regulation (EC) No 1262/2006 (OJ L 230, 24.8.2006, p. 4).

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ANNEX

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 16 October 2006         

on emergency measures applying to fishery products imported from Brazil and intended for human consumption

(notified under document number C(2006) 4819)

(Text with EEA relevance)

(2006/698/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision shall apply to fishery products of fish belonging to the families Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae and Scombresosidae, imported from Brazil and intended for human consumption.

Article 2

Analytical tests for histamine

1.   Member States shall authorise the import into the Community of products referred to in Article 1 only if they are accompanied by the results of an analytical test for histamine carried out in Brazil before consignment which reveals histamine levels below the limits set by Regulation (EC) No 2073/2005. These tests must be carried out following the sampling and the analytical method referred in Regulation (EC) No 2073/2005.

2.   By way of derogation from paragraph 1, Member States shall authorise the import of products referred to in Article 1 that are not accompanied by the results of the analytical test as referred to in paragraph 1 provided that the importing Member State ensures that each consignment of those products undergoes tests to verify that the histamine levels are below the limits set by Regulation (EC) No 2073/2005. These tests must be carried out following the sampling and the analytical method referred in Regulation (EC) No 2073/2005.

Article 3

Reports

Member States shall immediately inform the Commission if tests carried out pursuant to Article 2(2) reveal histamine levels exceeding the limits set by Regulation (EC) No 2073/2005 for fishery products.

Member States shall submit to the Commission a report on all tests carried out pursuant to Article 2(2).

Member States shall use the rapid alert system for food and feed set up by Regulation (EC) No 178/2002 for the submission of that information and those reports.

Article 4

Charging of expenditure

All expenditure incurred in the application of this Decision shall be charged to the consignor, the consignee or the agent of either.

Article 5

Compliance

Member States shall immediately inform the Commission of the measures they take to comply with this Decision.

Article 6

Period of application

This Decision shall apply until 31 December 2006.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 16 October 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006, (OJ L 100, 8.4.2006, p. 3).

(2)OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(3)OJ L 338, 22.12.2005, p. 1.

(4)OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 191, 28.5.2004, p. 1).

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            COMMISSION DECISION         

of 17 October 2006         

amending Decision 2004/452/EC laying down a list of bodies whose researchers may access confidential data for scientific purposes

(notified under document number C(2006) 4857)

(Text with EEA relevance)

(2006/699/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (1), and in particular Article 20(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2004/452/EC is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 17 October 2006.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

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(1)OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 133, 18.5.2002, p. 7. Regulation as amended by Regulation (EC) No 1104/2006 (OJ L 197, 19.7.2006, p. 3).

(3)OJ L 156, 30.4.2004, p. 1, corrected by OJ L 202, 7.6.2004, p. 1. Decision as last amended by Decision 2006/429/EC (OJ L 172, 24.6.2006, p. 17).

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ANNEX

                     ‘ANNEX

BODIES WHOSE RESEARCHERS MAY ACCESS CONFIDENTIAL DATA FOR SCIENTIFIC PURPOSES

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