----

----

I Acts whose publication is obligatory

----

            COMMISSION REGULATION (EC) No 1793/2006

of 6 December 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 7 December 2006.

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

Done at Brussels, 6 December 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 6 December 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 1794/2006

of 6 December 2006         

laying down a common charging scheme for air navigation services

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (1), and in particular Article 15(4) thereof,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Regulation lays down the necessary measures for the development of a charging scheme for air navigation services which is consistent with the Eurocontrol Route Charges System.

2.   This Regulation shall apply to air navigation services provided by air traffic service providers designated in accordance with Article 8 of Regulation (EC) No 550/2004 and by providers of meteorological services, if designated in accordance with Article 9(1) of that Regulation, for general air traffic within the ICAO EUR and AFI regions where Member States are responsible for the provision of air navigation services.

3.   Member States may apply this Regulation to air navigation services provided in airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States thereof.

4.   Member States may apply this Regulation to providers of air navigation services which have received permission to provide air navigation services without certification, in accordance with Article 7(5) of the service provision Regulation.

5.   Member States may decide not to apply this Regulation to air navigation services provided at airports with less than 50 000 commercial air transport movements per year, regardless of the maximum take-off mass and the number of passenger seats, movements being counted as the sum of take-offs and landings and calculated as an average over the previous three years.

Member States shall inform the Commission thereof. The Commission will publish periodically an updated list of exempted airports.

6.   Without prejudice to the application of the principles referred to in Articles 14 and 15 of the service provision Regulation, Member States may decide not to calculate terminal charges as stipulated in Article 11 of this Regulation and not to set terminal unit rates as referred to in Article 13 of this Regulation in respect of air navigation services provided at aerodromes with less than 150 000 commercial air transport movements per year, regardless of the maximum take-off mass and the number of passenger seats, movements being counted as the sum of take-offs and landings and calculated as an average over the previous three years.

Before taking that decision, Member States shall carry out an assessment of the extent to which the conditions laid down in Annex I including consultation with airspace users’ representatives are met.

The final assessment as to whether the conditions are met and the decision of the Member State shall be published and communicated to the Commission, giving full reasoning for the Member State's conclusions, including the outcome of the consultation with users.

Article 2

Definitions

For the purpose of this Regulation, the definitions in Article 2 of the framework Regulation shall apply.

In addition the following definitions shall apply:

Article 3

Principles of the charging scheme

1.   The charging scheme shall reflect the costs incurred either directly or indirectly in the provision of air navigation services.

2.   The costs of en route services shall be financed by means of en route charges imposed on the users of air navigation services.

3.   The costs of terminal services shall be financed by means of terminal charges imposed on the users of air navigation services and/or other revenues, including cross-subsidies in accordance with Community law.

4.   Paragraphs 2 and 3 shall be without prejudice to the financing of exemptions of certain users of air navigation services through other sources of funding in accordance with Article 9.

5.   The charging scheme shall provide transparency and consultation on the cost bases and on the allocation of the costs among different services.

Article 4

Establishment of charging zones

1.   Member States shall establish charging zones in the airspace falling under their responsibility where air navigation services are provided to airspace users.

2.   The charging zones shall be defined in a manner consistent with air traffic control operations and services, after consultation of airspace users’ representatives.

3.   An en route charging zone shall extend from the ground up to, and including, upper airspace without prejudice to the possibility for a Member State to establish a specific zone for a complex terminal area after consultation with airspace users’ representatives.

4.   If charging zones extend across the airspace of more than one Member State, the Member States concerned shall make the appropriate arrangements to ensure consistency and uniformity in the application of this Regulation to the airspace concerned. They shall notify the Commission and Eurocontrol thereof.

CHAPTER II

THE COSTS OF AIR NAVIGATION SERVICE PROVISION

Article 5

Eligible services, facilities and activities

1.   Air navigation service providers referred to in Article 1(2) and (4) shall establish the costs incurred in the provision of air navigation services in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region, in the charging zones under their responsibility.

Those costs shall include administrative overheads, training, studies, tests and trials as well as research and development allocated to these services.

2.   Member States may establish the following costs when they are incurred in relation with the provision of air navigation services:

3.   Without prejudice to other sources of funding, and with a view to a high level of safety, cost efficiency and service provision, the charges may be used to provide funding for projects designed to assist specific categories of airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace in accordance with Community law.

Article 6

Calculation of costs

1.   The costs of eligible services, facilities and activities within the meaning of Article 5 shall be established in such a manner as to be consistent with the accounts referred to in Article 12 of the service provision Regulation for the period from 1 January to 31 December. However, the non-recurring effects resulting from the introduction of International Accounting Standards may be spread over a period not exceeding 15 years.

2.   The costs referred to in paragraph 1 shall be broken down into staff costs, other operating costs, depreciation costs, cost of capital and exceptional items including non-recoverable taxes and custom duties paid, and all other related costs.

Staff costs shall include gross remuneration, payments for overtime, employers’ contributions to social security schemes as well as pension costs and other benefits.

Other operating costs shall include costs incurred through the purchase of goods and services used to provide air navigation services, in particular outsourced services such as communication, external staff such as consultants, material, energy, utilities, rental of buildings, equipment and facilities, maintenance, insurance costs and travel expenses. Where an air traffic service provider purchases other air navigation services, the service provider shall include the actual expenditure for those services in its other operating costs.

Depreciation costs shall relate to the total fixed assets in operation for air navigation services purposes. Fixed assets shall be depreciated, in accordance with their expected operating life, using the straight-line method applied to the historic costs of the assets being depreciated. When the assets belong to an air navigation service provider which is subject to an incentive scheme as referred to in Article 12(2), current cost accounting may be applied instead of historic cost accounting for the calculation of depreciation. The method shall remain constant during the duration of the depreciation.

Cost of capital shall be equal to the product of:

Exceptional items shall be non-recurring costs in relation to the provision of air navigation services that have occurred in the year.

3.   For the purposes of paragraph 2, fifth subparagraph, the weight factors shall be based on the proportion of the financing through either debt or equity. The interest rate on debts shall be equal to the average interest rate on debts of the air navigation service provider. The return on equity shall take into account the financial risk of the air navigation service provider taking the national bond rate as a guide. When the air navigation service provider is subject to an incentive scheme as referred to in Article 12(2), an additional premium may be added to ensure adequate consideration of the specific financial risk assumed by this provider.

When the assets do not belong to the air navigation service provider, but are included in the calculation of the cost of capital, Member States shall ensure that the costs of these assets are not recovered twice.

Article 7

Allocation of costs

1.   The costs of eligible services, facilities and activities within the meaning of Article 5 shall be allocated in a transparent way to the charging zones in respect of which they are actually incurred.

Where costs are incurred across different charging zones, they shall be allocated in a proportional way on the basis of a transparent methodology as required in Article 8.

2.   The cost of terminal services shall relate to the following services:

3.   The cost of en route services shall relate to the costs referred to in paragraph 1 to the exclusion of the costs referred to in paragraph 2.

4.   If exemptions are granted to VFR flights in accordance with Article 9, the air navigation service provider shall identify the costs of air navigation services provided to VFR flights separately from the costs provided to IFR flights. These costs may be established through a marginalcost methodology taking into account the benefits to IFR flights stemming from the services granted to VFR flights.

Article 8

Transparency of the cost base

1.   Without prejudice to Article 18 of the service provision Regulation, Member States and/or air navigation service providers shall organise an exchange of information on cost bases, planned investments and expected traffic with airspace users’ representatives if the latter so request. Subsequently, they shall make their respective costs established in accordance with Article 5 available in a transparent manner to airspace users’ representatives, the Commission and, where applicable Eurocontrol at least on an annual basis.

2.   The information referred to in paragraph 1 shall be based on the reporting tables and detailed rules set out in Annex II or, where a Member State has taken the decision referred to in Article 1(6), or has indicated to the Commission that it is considering taking such a decision, in Annex III part 1.

CHAPTER III

THE FINANCING OF AIR NAVIGATION SERVICE PROVISION THROUGH AIR NAVIGATION CHARGES

Article 9

Exemptions from air navigation charges

1.   Member States shall exempt from en route charges:

2.   Member States may exempt from en route charges:

3.   Member States may exempt from terminal charges the flights referred to in paragraph 1 and 2.

4.   The costs incurred for exempted flights shall not be taken into account for the calculation of the unit rates.

These costs shall be composed of:

Member States shall ensure that air navigation service providers are reimbursed for the services they provide to exempted flights.

Article 10

Calculation of en route charges

1.   The en route charge for a specific flight in a specific en route charging zone shall be equal to the product of the unit rate established for this en route charging zone and the en route service units for this flight.

2.   Without prejudice to the implementation by a Member State of an incentive scheme with regard to air navigation service providers in accordance with Article 12(2), the unit rate in the en route charging zone shall be calculated by dividing the forecast number of chargeable en route service units for the relevant year into the forecast costs for air navigation services. The forecast costs shall include the balance resulting from over or under recovery of previous years.

3.   The en route service units shall be calculated in accordance with Annex IV.

Article 11

Calculation of terminal charges

1.   Without prejudice to the possibility under Article 3 of financing terminal air navigation services through other sources of funding, the terminal charge for a specific flight in a specific terminal charging zone shall be equal to the product of the unit rate established for this terminal charging zone and the terminal service units for this flight.

2.   Without prejudice to the implementation by a Member State of an incentive scheme with regard to air navigation service providers in accordance with Article 12(2), the unit rate in the terminal charging zone shall be calculated by dividing the forecast number of chargeable terminal service units for the relevant year into the forecast costs for air navigation services. The forecast costs shall include the balance resulting from over or under recovery of previous years.

3.   The terminal service units shall be calculated in accordance with Annex V.

Article 12

Incentive schemes

1.   Member States may establish or approve incentive schemes consisting of financial advantages or disadvantages applied on a non-discriminatory and transparent basis to support improvements in the provision of air navigation services resulting in a different calculation of charges as set out in paragraphs 2 and 3. These incentives may apply to air navigation service providers and/or airspace users.

2.   When a Member State decides to apply an incentive scheme on air navigation service providers, it shall, following the consultation referred to in Article 15, set in advance the conditions for determining the maximum level of the unit rate or of the revenue for each year over a period not exceeding five years. These conditions shall be set with reference to the projected level of costs (including the cost of capital) over the period and may also stipulate financial modulations (either above or below the expected costs) based on particular aspects of the air navigation service providers’ performance which may include efficiency, quality of service, the performance of particular projects, milestones or competencies or a level of cooperation with other air navigation service providers in view of taking into account network effects.

3.   When a Member State decides to apply an incentive scheme, including night-time modulations, in respect of users of air navigation services, it shall, following the consultation referred to in Article 15, modulate charges incurred by them in order to reflect efforts made by these users to optimise the use of air navigation services, to reduce the overall costs of these services and to increase their efficiency, in particular by decreasing charges according to airborne equipment that increases capacity or to offsetting the inconvenience of choosing less congested routings.

The incentive scheme shall be limited in time, scope and amount. The estimated savings generated by the operational efficiency improvements shall at least offset the cost of the incentives within a reasonable time frame. The scheme shall be subject to regular review involving airspace users’ representatives.

4.   Member States which have established or approved incentive schemes shall monitor the proper implementation by air navigation service providers of these incentive schemes.

Article 13

Setting of unit rates for charging zones

1.   Member States shall ensure that unit rates are set for each charging zone on an annual basis. They may also ensure that unit rates are set in advance for each year of a period not exceeding five years.

2.   In case of unexpected major changes of traffic or costs, unit rates may be amended during the course of the year.

3.   Member States shall inform the Commission and Eurocontrol, where appropriate, of the unit rates set for each charging zone.

Article 14

Collection of charges

1.   Member States may collect charges through a single charge per flight.

2.   Users of air navigation services shall promptly and fully pay all air navigation charges.

3.   Member States shall ensure that effective enforcement measures are applied. These measures may include the denial of services, detention of aircraft or other enforcement measures in accordance with applicable law.

Article 15

Transparency of the charging mechanism

1.   Member States shall ensure that airspace users’ representatives are consulted on the charging policy on a regular basis. To this end, they shall provide them with the necessary information on their charging mechanism as set out in Annex VI, or where a Member State has taken the decision referred to in Article 1(6), with the necessary information as set out in Annex III, part 2, and shall organise an effective and transparent consultation hearing to present this information as well as the information referred to in Article 8, in the presence of the air navigation service providers involved.

2.   Without prejudice to Article 18 of the service provision Regulation, the relevant documentation shall be put at the disposal of airspace users’ representatives, the Commission, Eurocontrol and national supervisory authorities three weeks before the consultation hearing.

CHAPTER IV

FINAL PROVISIONS

Article 16

Appeal

Member States shall ensure that decisions taken pursuant to this Regulation are properly reasoned and are subject to an effective review and/or appeal procedure.

Article 17

Facilitation of compliance monitoring

Air navigation service providers shall facilitate inspections and surveys by the national supervisory authority or by a recognised organisation acting on the latter’s behalf, including site visits. The persons authorised by those bodies shall be empowered:

Such inspections and surveys shall be carried out in compliance with the procedures in force in the Member State in which they are to be undertaken.

Article 18

Entry into force

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

2.   This Regulation shall apply from 1 January 2007.

However, Member States may defer the application of Articles 9, 10, 12, 13 and 14 in respect of en route charges until 1 January 2008.

Member States may defer the application of Article 9 and Articles 11 to 15 in respect of terminal charges until 1 January 2010.

If Member States decide to defer application in accordance with the second and third subparagraphs, they shall notify the Commission thereof.

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

Done at Brussels, 6 December 2006.

For the Commission

Jacques BARROT            

Vice-President

----

(1)OJ L 96, 31.3.2004, p. 10.

(2)OJ L 96, 31.3.2004, p. 1.

(3)OJ L 96, 31.3.2004, p. 20.

(4)OJ L 96, 31.3.2004, p. 25.

----

ANNEX I

ASSESSMENT OF THE CONDITIONS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT AIRPORTS FALLING WITHIN ARTICLE 1(6)

The conditions to be assessed under Article 1(6) are the following:

----

ANNEX II

TRANSPARENCY OF THE COST BASE

1.   REPORTING TABLE

Member States and air navigation service providers shall fill the following reporting table for each charging zone under their responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with the business plan required by the certificate referred to in Article 7 of the service provision Regulation.

Costs shall be established in national currency.

Table 1

Total costs

2.   ADDITIONAL INFORMATION

In addition, Member States and air navigation service providers shall provide at least the following information:

----

ANNEX III

SPECIFIC TRANSPARENCY REQUIREMENTS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT AIRPORTS FALLING WITHIN ARTICLE 1(6)

1.   THE COSTS OF AIR NAVIGATION SERVICES

1.1.   Reporting table

Air navigation service providers shall fill the following reporting table for each terminal charging zone under their responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with the business plan required by the certificate.

Costs shall be established in National currency.

Table 1

Total costs

1.2.   Additional information

In addition, air navigation service providers shall provide at least the following information:

2.   THE FINANCING OF AIR NAVIGATION SERVICES

Air navigation service providers shall provide the following information for each terminal charging zone:

----

ANNEX IV

CALCULATION OF THE ENROUTE SERVICE UNITS

----

ANNEX V

CALCULATION OF THE TERMINAL SERVICE UNITS

----

ANNEX VI

CHARGING MECHANISM

1.   REPORTING TABLE

Member States shall fill the following reporting table for each charging zone under their responsibility. Member States shall also provide a consolidated Table 1 for each charging zone under their responsibility. When a charging zone extends across the airspace of more than one Member State, they shall fill the table jointly in accordance with the arrangements referred to in Article 4(4).

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. The ‘Total costs’ shall be established as the sum of all total costs presented in Table 1 which are allocated to this charging zone.

Table 2

Unit rate calculation

2.   ADDITIONAL INFORMATION

In addition, the Member States concerned shall collect and provide at least the following information:

----

(1)  As the sum of all total costs presented in Table 1 which are allocated to this charging zone (when certain air navigation services are outsourced, the cost to be taken into account shall be the cost of the annual expenditure).

(2)

----

----

            COMMISSION REGULATION (EC) No 1795/2006

of 6 December 2006         

opening the tariff quota for the year 2007 for the importation into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular, Article 7(2) thereof,

Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 3 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   For 1 January to 31 December 2007, the Community tariff quota set out in the Annex is opened for the goods originating in Norway which are listed in that Annex under the conditions specified therein.

2.   The rules of origin mutually applicable to the goods set out in the Annex shall be as set out in Protocol 3 of the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway.

3.   For quantities imported above the quota volume, a preferential duty of EUR 0,047/litre shall apply.

Article 2

The Community tariff quota referred to in Article 1(1) shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

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

It shall be applicable from 1 January 2007.

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

Done at Brussels, 6 December 2006.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)OJ L 370, 17.12.2004, p. 70.

(3)OJ L 171, 27.6.1973, p. 1.

(4)OJ L 22, 24.1.2002, p. 37.

(5)OJ L 342, 18.11.2004, p. 30.

(6)OJ L 370, 17.12.2004, p. 72.

(7)OJ L 327, 14.12.2005, p. 7.

(8)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).

----

ANNEX

Tariff quota applicable upon import into the Community of goods originating in Norway

----

----

            COMMISSION REGULATION (EC) No 1796/2006

of 6 December 2006         

opening for the year 2007 a tariff quota applicable to the importation into the European Community of certain goods originating in Iceland resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and, in particular, Article 7(2) thereof,

Having regard to Council Decision 1999/492/EC of 21 June 1999 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Community, of the one part, and the Republic of Iceland, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Republic of Iceland (2), and, in particular Article 2 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January to 31 December 2007, the goods originating in Iceland and imported into the Community which are listed in the Annex shall be subject to the duties set out in that Annex within the limits of the annual quota indicated therein.

Article 2

The tariff quota referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

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

It shall apply from 1 January 2007.

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

Done at Brussels, 6 December 2006.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)OJ L 192, 24.7.1999, p. 47.

(3)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).

----

ANNEX

----

(*1)  Rate of duty for third countries: rate consisting of the ad valorem duty plus, where appropriate, the agricultural component, limited to the maximum rate where provided for in the Common Customs Tariff.

----

----

            COMMISSION REGULATION (EC) No 1797/2006

of 6 December 2006         

opening for the year 2007 a tariff quota applicable to the importation into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and, in particular, Article 7(2) thereof,

Having regard to Council Decision 96/753/EC of 6 December 1996 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway (2), and, in particular, Article 2 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January to 31 December 2007, the goods originating in Norway and imported into the Community which are listed in the Annex shall be subject to the duties set out in that Annex within the limits of the annual quota indicated therein.

Article 2

The tariff quota referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

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

It shall apply from 1 January 2007.

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

Done at Brussels, 6 December 2006.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)OJ L 345, 31.12.1996, p. 78.

(3)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).

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 1798/2006

of 6 December 2006         

opening tariff quotas for 2007 for imports into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 7(2) thereof,

Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 2 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Community tariff quotas for the goods originating in Norway which are listed in Annex shall be opened for 1 January to 31 December 2007.

Article 2

The Community tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

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

It shall be applicable from 1 January 2007.

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

Done at Brussels, 6 December 2006.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)OJ L 370, 17.12.2004, p. 70.

(3)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).

----

ANNEX

Annual tariff quotas applicable upon import into the Community of goods originating in Norway

----

----

            COMMISSION REGULATION (EC) No 1799/2006

of 6 December 2006         

amending Regulation (EC) No 26/2004 on the Community fishing fleet register

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 15(3) and (4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 26/2004 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 6 December 2006.

For the Commission

Joe BORG            

Member of the Commission

----

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

(2)OJ L 5, 9.1.2004, p. 25.

(3)OJ L 223, 15.8.2006, p. 1.

----

ANNEX

Annex I to Regulation (EC) No 26/2004 is amended as follows:

----

(1)  Not valid for vessels in fleet or reported from 1 January 2003.

(2)  Valid only for subsidiary fishing gear.’         

----

----

            COMMISSION REGULATION (EC) No 1800/2006

of 6 December 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 7 December 2006.

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

Done at Brussels, 6 December 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1585/20065 (OJ L 294, 25.10.2006, p. 19).

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

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

(4)OJ L 335, 1.12.2006, p. 19.

----

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 7 December 2006

----

(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.

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 13 November 2006         

on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community

(2006/882/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community (hereinafter referred to as the Protocol) is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.

Article 3

The Commission shall adopt the detailed rules for implementing the Protocol in accordance with the procedure as laid down in Article 39 of Regulation (EC) No 318/2006.

Done at Brussels, 13 November 2006.

For the Council

The President

E. TUOMIOJA            

----

(1)OJ L 26, 28.1.2005, p. 3.

(2)OJ L 26, 28.1.2005, p. 1.

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

----

            PROTOCOL         

amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE REPUBLIC OF CROATIA, hereinafter referred to as ‘Croatia’,

of the other part,

Whereas:

HAVE AGREED AS FOLLOWS:

Article 1

The SAA is hereby amended as follows:

Article 2

The Parties shall meet in the second half of 2008 to review the effects of this Protocol.

Article 3

This Protocol shall form an integral part of the SAA.

Article 4

This Protocol shall enter into force on 1 January 2007.

Article 5

This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Croatian languages, each of these texts being equally authentic.

Hecho en Zagreb, el veintiocho de noviembre de dos mil seis.

V Záhřebu dne dvacátého osmého listopadu dva tisíce šest.

Udfærdiget i Zagreb den otteogtyvende november to tusind og seks.

Geschehen zu Zagreb am achtundzwanzigsten November zweitausendundsechs.

Koostatud kahekümne kaheksandal novembril kahe tuhande kuuendal aastal Zagrebis.

Έγινε στο Ζάγκρεμπ στις είκοσι οκτώ Νοεμβρίου δύο χιλιάδες έξι.

Done at Zagreb on the twenty-eighth day of November in the year two thousand and six.

Fait à Zagreb, le vingt-huit novembre deux mille six.

Fatto a Zagabria, addì ventotto novembre duemilasei.

Zagrebā, divi tūkstoši sestā gada divdesmit astotajā novembrī.

Priimta Zagrebe, du tūkstančiai šeštų metų lapkričio dvidešimt aštuntą dieną.

Kelt Zágrábban, a kétezer-hatodik év november havának huszonnyolcadik napján.

Magħmul f'Żagreb fit-tmienja u għoxrin jum ta' Novembru fis-sena elfejn u sitta.

Gedaan te Zagreb, de achtentwintigste november tweeduizend en zes.

Sporządzono w Zagrzebiu dnia dwudziestego ósmego listopada dwa tysiące szóstego roku.

Feito em Zagrebe, aos vinte e oito dias do mês de Novembro do ano de dois mil e seis.

V Záhrebe dvadsiateho ôsmeho novembra dvetisícšesť.

V Zagrebu, dne osemindvajsetega novembra, leta dva tisoč šest.

Tehty Zagrebissa kahdentenakymmenentenäkahdeksantena päivänä marraskuuta vuonna kaksituhattakuusi            

Utfärdat i Zagreb den tjuguåttonde november år tvåtusensex.

Sastavljeno u Zagrebu dana dvadesetosmog studenoga dvije tisuće i šeste godine.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunitá Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapen

Za Europsku zajednicu

Por la República de Croacia

Za Chorvatskou republiku

For Republikken Kroatien

Für die Republik Kroatien

Horvaatia Vabariigi nimel

Για τη Δημοκρατία της Κροατίας

For the Republic of Croatia

Pour la République de Croatie

Per la Repubblica di Croazia

Horvātijas Republikas vārdā

Kroatijos Respublikos vardu

A Horvát Köztársaság részéről

Għar-Repubblika tal-Kroazja

Voor de Republiek Kroatië

W imieniu Republiki Chorwacji

Pela República da Croácia

Za Chorvátsku republiku

Za Republiko Hrvaško

Kroatian tasavallan puolesta

För Republiken Kroatien

Za Republiku Hrvatsku

ANNEX

                     ‘ANNEX IV(h)

referred to in Article 27(5)

1.   

The Community shall apply duty-free access on imports into the Community for products originating in Croatia of headings 1701 and 1702 of the Combined Nomenclature within a limit of an annual quantity of 180 000 tonnes (net weight).

2.   
Croatia shall apply a reduced duty access on imports into Croatia of products originating in the Community of headings 1701 of the Combined Nomenclature within a limit of an annual quantity of 80 000 tonnes (net weight), to be applied only once imports from Croatia to the Community of headings 1701 and 1702 of the Combined Nomenclature reach 80 000 tonnes (net weight). On this quantity Croatia will reduce duty rates as follows:

3.   

The Community undertakes not to pay export refunds from the Community budget for sugar, syrup and certain other sugar products falling under headings 1701 and 1702 of the Combined Nomenclature when exported in natural state to Croatia. Croatia undertakes not to pay export refunds for sugar exports to the Community.’

----

Commission

----

            COMMISSION DECISION         

of 5 December 2006         

amending Decision 2006/80/EC as regards Slovenia

(notified under document number C(2006) 5797)

(Only the Slovenian text is authentic)

(2006/883/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (1), and in particular Article 3(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/80/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Republic of Slovenia.

Done at Brussels, 5 December 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 355, 5.12.1992, p. 32. Directive as last amended by Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

(2)OJ L 36, 8.2.2006, p. 50.

----

ANNEX

                     ‘ANNEX

Member States authorised to apply the derogation provided for in Article 3(2) of Directive 92/102/EEC as regards holdings with one single pig:

----

----

            COMMISSION DECISION         

of 6 December 2006         

on determining the Community position for a Decision of the Joint Committee established under the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure

(2006/884/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/425/EC (1) of 21 April 2004 on the conclusion of an Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment (hereinafter the Agreement), and in particular Article 3(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the European Community for a decision by the Joint Committee, set up under Article 7 of the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure, shall be based on the draft Joint Committee decision annexed to this Decision.

Done at Brussels, 6 December 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(1)OJ L 150, 30.4.2004, p. 42.

----

ANNEX

DRAFT

DECISION No .../... OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA

on the Mutual Recognition of Certificates of Conformity for Marine Equipment adopting its Rules of Procedure

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, and in particular Article 7 thereof,

Whereas Article 7(2) of the Agreement provides that the Joint Committee shall determine its own rules of procedure,

HAS ADOPTED THIS DECISION:

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the latter of these signatures.

Signed in Washington on

On behalf of the United States of America

Signed in Brussels on

On behalf of the European Community

‘ANNEX

‘RULES OF PROCEDURE FOR THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA

on the Mutual Recognition of Certificates of Conformity for Marine Equipment

Article 1

Chairmanship

The Joint Committee shall be chaired jointly by a representative of the European Community and a representative of the United States.

Article 2

Meetings

1.   The Joint Committee shall meet at regular intervals at least once a year at a mutually agreeable time. If additional meetings are deemed necessary by a Party, the other Party shall accommodate the request for a meeting to the maximum extent possible.

2.   The Parties shall take turns in hosting the meeting unless otherwise agreed. Teleconferencing or videoconferencing may be used if the Parties so agree.

3.   The Co-Chairs shall convene meetings of the Joint Committee.

4.   The Co-Chairs shall establish a date for the meeting and exchange such documents as necessary in time to ensure adequate preparation, if possible, three weeks prior to the meeting.

5.   The Party hosting a meeting, or requesting a videoconference or teleconference, shall be responsible for logistical arrangements.

Article 3

Delegations

The Parties shall notify each other at least one week before a meeting of the intended composition of their delegations.

Article 4

Agenda for the meetings

1.   The Co-Chairs shall draw up provisional agenda for each meeting no later than 14 days before the meeting. The provisional agenda shall include the items for which a request for inclusion in the agenda has been received by either of the Co-Chairs no later than 14 days before the meeting.

2.   Either Party may add items to the provisional agenda at any time prior to the meeting if the other Party agrees. If possible, a Party shall make a request to add items to the provisional agenda in writing to the other Party. Such requests shall be accommodated to the extent possible.

3.   The Co-Chairs shall adopt the final agenda at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be accommodated to the extent possible.

Article 5

Records of meetings

1.   The Co-Chair of the host Party shall prepare a draft of the record of each meeting as soon as possible.

2.   The record shall, as a general rule, indicate in respect of each item on the agenda:

3.   The record shall also indicate the individuals of the respective delegations participating, as well as the ministry or agency that each represents.

4.   The Co-Chairs shall approve the record.

Article 6

Joint Committee Decisions

1.   The Joint Committee shall take decisions by unanimity.

2.   The Joint Committee may adopt a decision by written procedure at times other than formal Joint Committee meetings.

3.   Decisions of the Joint Committee shall be entitled “Decisions” followed by a serial number, and by a description of their subject. The date the decision takes effect shall also be indicated. Decisions shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties. Decisions shall be drawn up in duplicate, each version being equally authentic.

Article 7

Consultation of experts

The Committee may consult experts on particular issues if the Parties agree.

Article 8

Expenses

1.   Each Party shall be responsible for the expenses it incurs by reason of its participation in the meetings of the Joint Committee, including staff, travel and subsistence expenditure and postal or telecommunications expenditure.

2.   The host Party shall generally cover other expenses arising from the organisation of the meetings.

Article 9

Administrative procedures

1.   Unless the Parties decide otherwise, the meetings of the Joint Committee shall not be open to the public.

2.   Records and other documents of the Joint Committee shall be considered to be information exchanged under Article 17 of the Agreement for purposes of confidentiality.

3.   Participants other than officials of the Parties may be invited, if the Co-Chairs agree, and shall also be subject to Article 17 of the Agreement.

4.   The Parties may organise public briefings or otherwise inform interested members of the public of the results of the Joint Committee meetings.

----

----

            COMMISSION DECISION         

of 6 December 2006         

on a Community financial contribution for 2006 to cover expenditure incurred by Belgium and Germany for the purpose of combating organisms harmful to plants or plant products

(notified under document number C(2006) 5894)

(Only the French, Dutch and German texts are authentic)

(2006/885/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 23 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The allocation of a Community financial contribution for 2006 to cover expenditure incurred by Belgium and Germany relating to necessary measures as specified in Article 23(2) of Directive 2000/29/EC and taken for the purpose of combating the organisms concerned by the eradication programmes listed in the Annex is hereby approved.

Article 2

1.   The total amount of the financial contribution referred to in Article 1 is EUR 101 423.

2.   The maximum amounts of the Community financial contribution for each of the programmes shall be as indicated in the Annex.

Article 3

The Community financial contribution as set out in the Annex shall be paid on the following conditions:

The payment of the financial contribution is without prejudice of the verifications by the Commission under Article 24 of Directive 2000/29/EC.

Article 4

This Decision is addressed to the Kingdom of Belgium and the Federal Republic of Germany.

Done at Brussels, 6 December 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

(2)OJ L 157, 15.6.2002, p. 38. Regulation as last amended by Regulation (EC) No 738/2005 (OJ L 122, 14.5.2005, p. 17).

(3)OJ L 341, 17.11.2004, p. 27.

(4)OJ L 296, 12.11.2005, p. 42.

(5)OJ L 209, 11.8.2005, p. 1.

----

ANNEX

ERADICATION PROGRAMMES

Legend:

SECTION I

Programmes whose Community financial contribution corresponds to 50 % of eligible expenditure

SECTION II

Programmes whose Community financial contribution rates differ, in application of degressivity

----

----

            COMMISSION DECISION         

of 6 December 2006         

terminating the anti-absorption reinvestigation concerning imports of hand pallet trucks and their essential parts originating in the People's Republic of China

(2006/886/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the ‘basic Regulation’) (1) and in particular Articles 9 and 12 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Original measures

2.   Request for an anti-absorption reinvestigation

3.   The anti-absorption reinvestigation

B.   PRODUCT CONCERNED

C.   FINDINGS

1.   Decrease in export prices

2.   Movement of resale prices or subsequent selling prices in the Community

3.   Non co-operating companies

4.   Conclusion

HAS DECIDED AS FOLLOWS:

Sole Article

The reinvestigation pursuant to Article 12 of Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in the People's Republic of China is hereby terminated.

Done at Brussels, 6 December 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(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 189, 21.7.2005, p. 1.

(3)OJ C 78, 31.3.2006, p. 24.

----