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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 1667/2006

of 7 November 2006         

on glucose and lactose

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 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 REGULATION:

Article 1

The treatment provided by Regulation (EC) No 1784/2003 and by the provisions adopted for the application of this Regulation for glucose and glucose syrup falling within subheadings 1702 30 91, 1702 30 99 and 1702 40 90 of the combined nomenclature shall be extended to glucose and to glucose syrup falling within subheadings 1702 30 51 and 1702 30 59 of the combined nomenclature.

Article 2

The treatment provided by Regulation (EC) No 1255/1999 and by the provisions adopted for the application of this Regulation for lactose and lactose syrup falling within subheading 1702 19 00 of the combined nomenclature shall be extended to lactose and to lactose syrup falling within subheading 1702 11 00 of the combined nomenclature.

Article 3

When the treatment given to glucose and glucose syrup or to lactose and lactose syrup falling respectively within subheadings 1702 30 91, 1702 30 99, 1702 40 90 and 1702 19 00 of the combined nomenclature is amended pursuant to Article 37 of the Treaty or in accordance with procedures established for the application of that Article, such amendments shall extend as appropriate to glucose and to glucose syrup or to lactose or to lactose syrup falling respectively within subheadings 1702 30 51, 1702 30 59 and 1702 11 00 of the combined nomenclature, unless, in accordance with the same procedures, other measures are taken for the harmonising of the treatment applicable to these products with the treatment applicable to those already mentioned.

Article 4

Regulation (EEC) No 2730/75 is hereby repealed.

References made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table in Annex II.

Article 5

This Regulation shall enter into force on the 20th 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, 7 November 2006.

For the Council

The President

E. HEINÄLUOMA            

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(1)  Opinion of 12 October 2006 (not yet published in the Official Journal).

(2)  Opinion of 13 September 2006 (not yet published in the Official Journal).

(3)OJ L 281, 1.11.1975, p. 20. Regulation as last amended by Commission Regulation (EC) No 2931/95 (OJ L 307, 20.12.1995, p. 10).

(4)  See Annex I.

(5)OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 996/2006 (OJ L 179, 1.7.2006, p. 26).

(6)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(7)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).

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ANNEX I

REPEALED REGULATION WITH ITS SUCCESSIVE AMENDMENTS

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ANNEX II

CORRELATION TABLE

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            COMMISSION REGULATION (EC) No 1668/2006

of 10 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 11 November 2006.

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

Done at Brussels, 10 November 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 10 November 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 1669/2006

of 8 November 2006         

laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef

(Codified version)

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), and in particular Article 27(4) and Article 41 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

Scope

This Regulation lays down detailed rules for the buying-in of beef as provided for in Article 27 of Regulation (EC) No 1254/1999.

CHAPTER II

BUYING-IN

SECTION 1

General rules

Article 2

Intervention regions in the United Kingdom

The United Kingdom shall consist of two intervention regions as follows:

Article 3

Opening and closure of buying-in by invitation to tender

Article 27 of Regulation (EC) No 1254/1999 shall apply in accordance with the following rules:

Article 4

Conditions for the eligibility of products

1.   The products listed in Annex II to this Regulation and falling within the following categories defined in Article 4(1) of Council Regulation (EC) No 1183/2006 (5) may be bought in:

2.   Carcasses and half-carcasses may be bought in only where they:

3.   Carcasses and half-carcasses may be bought in only where they are:

Article 5

Intervention centres

1.   The intervention centres shall be selected by the Member States with a view to ensuring the effectiveness of intervention measures.

The facilities at these centres must permit:

2.   Only intervention centres whose cutting plants and refrigeration plants are unconnected with the slaughterhouse and/or the successful tenderer and which are operated, managed and staffed independently of the slaughterhouse and/or the successful tenderer may be selected for bone-in meat intended for boning.

In case of practical difficulties, Member States may derogate from the first subparagraph, provided that they tighten controls at the time of acceptance in accordance with Article 14(5).

SECTION 2

Tendering and takeover

Article 6

Opening and closure of invitations to tender

1.   Notices of invitation to tender, amendments thereto and closure thereof shall be published in the Official Journal of the European Union no later than the Saturday before the closing date for the submission of tenders.

2.   When invitations to tender are issued, a minimum price below which tenders shall not be admissible may be fixed.

Article 7

Submission and notification of tenders

During the period covered by the invitation to tender, the deadline for the submission of tenders shall be 12 noon (Brussels time) on the second and fourth Tuesdays of each month, with the exception of the second Tuesday of August and the fourth Tuesday of December when no submission of tenders shall take place. If the Tuesday falls on a public holiday, the deadline shall be brought forward by 24 hours. Within 24 hours of the deadline for the submission of tenders, the intervention agencies shall notify the Commission of the tenders they have received.

Article 8

Conditions to be met for tendering

1.   Only the following may submit tenders:

2.   In response to invitations to tender, interested parties shall submit their tenders to the intervention agencies of the Member States where they have been issued, either by lodging a written bid against a receipt or by any other written means of communication accepted by the intervention agency, with advice of receipt.

The submission of tenders may be the subject of contracts on terms laid down by the intervention agencies and in accordance with their specifications.

3.   Interested parties may submit only one tender per category in response to each invitation to tender.

The Member States shall ensure that tenderers are independent of each other in terms of their management, staffing and operations.

Where there are serious indications to the contrary or that tenders are not in line with economic facts, tenders shall be deemed admissible only where the tenderer presents suitable evidence of compliance with the second subparagraph.

Where it is established that a tenderer has submitted more than one tender, all the tenders from that tenderer shall be deemed inadmissible.

4.   Tenders shall state:

5.   Tenders shall be valid only if:

6.   Tenders may not be withdrawn after the expiry of the deadline for submission specified in Article 7.

7.   Tenders shall be confidential.

Article 9

Securities

1.   The maintenance of tenders after the deadline for the submission of tenders and the delivery of the products to the store designated by the intervention agency within the timelimit laid down in Article 13(2) shall constitute primary requirements, the fulfilment of which shall be ensured by the lodging of a security of EUR 30 per 100 kg.

Securities shall be lodged with the intervention agency in the Member State in which the tender is submitted.

2.   Securities shall be lodged only in the form of cash deposits as defined in Article 13 and Article 14(1) and (3) of Commission Regulation (EEC) No 2220/85 (10).

3.   In the case of tenders which are not accepted, securities shall be released as soon as the outcome of the invitation to tender is published.

In the case of tenders which are accepted, securities shall be released on completion of takeover of the products, without prejudice to Article 14(7) of this Regulation.

Article 10

Award

1.   In the light of the tenders received in response to each invitation to tender and in accordance with the procedure referred to in Article 43(2) of Regulation (EC) No 1254/1999, a maximum buying-in price relating to quality R3 shall be fixed per category.

Where the particular circumstances so require, a different price may be set by Member State or region thereof to reflect the average market prices recorded.

2.   A decision may be taken to make no award.

3.   If the total quantities offered at a price equal to or below the maximum price exceed the quantities to be bought in, the quantities awarded may be reduced for each category by applying reducing coefficients, to fall by an amount increasing progressively with the price differential and the quantities covered by the tenders.

Where the particular circumstances so require, such reducing coefficients may vary by Member State or region thereof with a view to ensuring that the intervention mechanisms function properly.

Article 11

Maximum buying-in price

1.   Tenders shall not be considered if the price quoted is higher than the average market price recorded by category in each Member State or region thereof, converted into quality R3 using the coefficients set out in Annex I, plus EUR 10 per 100 kg carcass weight.

2.   Without prejudice to paragraph 1, tenders shall be rejected if the price quoted is higher than the maximum price as referred to in Article 10 for the invitation to tender concerned.

3.   Where the buying-in price awarded to tenderers is higher than the average market price as referred to in paragraph 1, the price awarded shall be adjusted by multiplying it by the coefficient obtained by applying formula A in Annex IV. However, that coefficient may not:

Should the Member State possess reliable data and have suitable means of verification, it may decide to calculate the coefficient for each tenderer using formula B in Annex IV.

4.   Rights and obligations arising under invitations to tender shall not be transferable.

Article 12

Limitation of buying-in

Where the intervention agencies of the Member States are offered meat in quantities greater than they are able to takeover forthwith, they may limit buying-in to the quantities they can takeover in their territory or in one of their intervention regions.

The Member States shall ensure equality of access for all parties concerned in the event of such limitation.

Article 13

Notification of successful tenderers and delivery

1.   The intervention agencies shall inform the individual tenderers immediately of the outcome of their tenders.

Intervention agencies shall issue numbered delivery orders forthwith to the successful tenderers, stating:

2.   Successful tenderers shall deliver the products not later than 17 calendar days after the first working day following publication of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in.

However, the Commission may, depending on the quantities awarded, extend that period by one week. Deliveries may be split up into more than one consignment. In addition, intervention agencies may, when setting the timetable for deliveries of the products, reduce that period to not less than 14 calendar days.

Article 14

Takeover

1.   The intervention agencies shall takeover the meat at the entrance weighing point at the intervention centre's cutting plant.

Products shall be delivered in consignments of a quantity between 10 and 20 tonnes. However, the quantity may be below 10 tonnes only if it is the final balance of the original offer or if the original offer has been scaled back below 10 tonnes.

Products delivered shall be accepted and taken over subject to verification by the intervention agency that they comply with the requirements laid down in this Regulation. Compliance with the requirements laid down in Article 4(2)(e) and in particular the absence of substances prohibited under Article 3 and Article 4(1) of Council Directive 96/22/EC (11) shall be verified by analysis of a sample, the size and sampling of which is laid down in the relevant veterinary legislation.

2.   Where no preliminary inspection is conducted immediately before loading at the slaughterhouse loading bay and prior to transport to the intervention centre, half-carcasses shall be identified as follows:

Where half-carcasses are cut into quarters, the quartering shall be carried out in accordance with Annex III to this Regulation. With a view to acceptance, quarters shall be grouped by carcass or half-carcass at the time of takeover. Where half-carcasses are not cut into quarters prior to transport to the intervention centre, they shall be cut in accordance with Annex III on their arrival.

At the point of acceptance, each quarter shall be identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number. The labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.

The acceptance procedure shall entail a systematic check of the presentation, classification, weight and labelling of each quarter delivered. The temperature of one hindquarter of each carcass shall also be checked. In particular no carcass shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g).

3.   A preliminary inspection may be conducted immediately before loading at the slaughterhouse loading bay and shall cover the weight, classification, presentation and temperature of half-carcasses. In particular no carcass shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g). Products rejected shall be marked as such and may not be presented again for preliminary inspection or acceptance.

Such inspections shall cover consignments of up to 20 tonnes of half-carcasses as laid down by the intervention agency. However, where the offer involves quarters, the intervention agency may allow a consignment of more than 20 tonnes of half-carcasses. Where more than 20 % of the total number of half-carcasses in any consignment inspected is rejected, the whole consignment shall be rejected in accordance with paragraph 6.

Before half-carcasses are transported to the intervention centre, they shall be cut into quarters in accordance with Annex III. Each quarter shall be systematically weighed and identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number. The labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.

The quarters from each carcass shall then be grouped for the purposes of the acceptance procedure by carcass or half-carcass at the time of takeover.

A checklist giving all details of the half-carcasses or quarters, including the number of half-carcasses or quarters presented and either accepted or rejected, shall accompany each consignment up to the point of acceptance. The checklist shall be handed over to the accepting officer.

A seal shall be affixed to the means of transport before it leaves the slaughterhouse. The number of the seal shall be shown on the health certificate or checklist.

The acceptance procedure shall include checks of the presentation, classification, weight, labelling and temperature of the quarters delivered.

4.   Preliminary inspection and acceptance of the products offered for intervention shall be carried out by an official of the intervention agency or a person authorised by the latter who is a qualified classifier, is not involved in classification at the slaughterhouse and is totally independent of the successful tenderer. Such independence shall be ensured in particular by the periodic rotation of such officials between intervention centres.

At the time of takeover, the total weight of the quarters in each consignment shall be recorded and the record kept by the intervention agency.

A document recording full details of the weight and the number of the products presented and either accepted or rejected must be completed by the accepting officer.

5.   The requirements regarding identification, delivery and controls for the takeover of bone-in meat intended for boning in intervention centres which do not meet the requirements laid down in the first subparagraph of Article 5(2) shall include the following:

Where carcasses or quarters marked ‘INT’ are found outside the areas reserved for them, the Member State shall conduct an enquiry, take suitable measures and inform the Commission thereof.

6.   Where more than 20 % of a consignment presented is rejected, in terms of number of half-carcasses or quarters presented, the whole consignment shall be rejected and all the products shall be marked as such and may not be presented again for preliminary inspection or acceptance.

7.   If the quantity actually delivered and accepted is less than the quantity awarded, the security shall:

Article 15

Price to be paid to successful tenderers

1.   From the 45th day after completion of takeover of the products to the 65th day thereafter, the intervention agency shall pay successful tenderers the price quoted in their tenders.

2.   Only the quantity actually delivered and accepted shall be paid for. However, if the quantity actually delivered and accepted is greater than the quantity awarded, only the quantity awarded shall be paid for.

3.   Where qualities other than quality R3 are taken over, the price to be paid to successful tenderers shall be adjusted by applying the coefficient for the quality bought in as set out in Annex I.

4.   The buying-in price for meat all of which is intended for boning shall be the price free at the entrance weighing point of the intervention centre's cutting plant.

The costs of unloading shall be borne by the successful tenderer.

Article 16

Exchange rate

The rate to be applied to the amount referred to in Article 11 and the price at which the award was made shall be the exchange rate applicable on the day of entry into force of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in under the invitation to tender concerned.

CHAPTER III

BONING OF MEAT BOUGHT IN BY INTERVENTION AGENCIES

Article 17

Boning requirement

The intervention agencies shall have all the beef bought in boned.

Article 18

General conditions governing boning

1.   Boning may only be carried out in cutting plants registered or approved in accordance with Article 4 of Regulation (EC) No 853/2004 and with one or more adjoining blast freezers.

At the request of a Member State, the Commission may grant a derogation for a limited period from the obligations covered by the first subparagraph. When making its decision, the Commission shall take account of current developments in plant and equipment, health and control requirements and the objective of gradual harmonisation in this field.

2.   Boned cuts must meet the conditions laid down in Regulation (EC) No 853/2004 and the requirements in Annex V to this Regulation.

3.   Boning may not commence before takeover of the consignment concerned has been completed.

4.   No other meat may be present in the cutting room when intervention beef is being boned, trimmed or packed.

However, pigmeat may be present in the cutting room at the same time as beef, provided that it is processed on a separate production line.

5.   All boning activities shall take place between 7 a.m. and 6 p.m.; boning shall not take place on Saturdays, Sundays or public holidays. Those hours may be extended by up to two hours, provided that the inspection authorities are present.

If boning cannot be completed on the day of takeover, seals shall be affixed by the competent authorities to the refrigeration rooms where the products are stored and may only be broken by the same authorities when boning resumes.

Article 19

Contracts and specifications

1.   Boning shall be carried out under contract on terms laid down by the intervention agencies and in accordance with their specifications.

2.   The specifications of the intervention agencies shall lay down the requirements to be met by cutting plants, shall specify the plant and equipment required and shall ensure that the Community rules on the preparation of cuts are adhered to.

They shall in particular lay down detailed conditions covering boning, specifying the method of preparation, trimming, packing, freezing and preservation of cuts with a view to their takeover by the intervention agency.

The specifications of the intervention agencies may be obtained by interested parties from the addresses in Annex VI.

Article 20

Monitoring of boning

1.   The intervention agencies shall ensure that continuous physical monitoring is carried out of all boning operations.

Such monitoring may be delegated to bodies which are wholly independent of the traders, slaughterers and storers in question. In such cases, the intervention agencies shall ensure that their officials conduct an unannounced inspection of boning of meat covered by each bid. During such inspections, random checks shall be carried out of cartons of cuts before and after freezing and the quantities used shall be compared with the quantities produced on the one hand and with the bones, fat and trimmings on the other hand. Such checks shall cover at least 5 % of cartons filled during the day with a particular cut and, where there are sufficient cartons, a minimum of five cartons per cut.

2.   Forequarters and hindquarters must be boned separately. In respect of each day of boning:

Article 21

Special conditions governing boning

1.   During boning, trimming and packing prior to freezing, the internal temperature of the beef must at no time rise above + 7 °C. Cuts may not be transported before they have been blastfrozen, except under the derogations provided for in Article 18(1).

2.   All labels and foreign matter must be totally removed immediately prior to boning.

3.   All bones, tendons, cartilage, neckstrap and backstrap (paddywack) (ligamentum nuchae) and coarse connective tissues must be cleanly removed. Trimming of cuts must be confined to the removal of fat, cartilage, tendons, joint capsules and other specified trim. All obvious nervous and lymphatic tissues must be removed.

4.   Large blood vessels and clots and soiled areas must be removed carefully with as little trimming as possible.

Article 22

Packing of cuts

1.   Cuts shall be packed immediately after boning in such a way that no part of the meat comes into direct contact with the carton, in accordance with the requirements laid down in Annex V.

2.   Polyethylene used to line cartons and polyethylene sheet or bags used to wrap cuts must be at least 0,05 mm thick and suitable for wrapping foodstuffs.

3.   Cartons, pallets and cages used must meet the conditions laid down in Annex VII.

Article 23

Storage of cuts

The intervention agencies shall ensure that all boneless beef bought in is stored separately and is easily identifiable by invitation to tender, cut and month of storage.

Cuts obtained shall be stored in cold stores located in the territory of the Member State exercising jurisdiction over the intervention agency.

Save for specific derogations provided for under the procedure referred to in Article 43 (2) of Regulation (EC) No 1254/1999, such cold stores must be capable of holding all boned beef allocated by the intervention agency for at least three months under technically satisfactory conditions.

Article 24

Costs of boning

Contracts as referred to in Article 19(1) and payments made thereunder shall cover the operations and costs resulting from the application of this Regulation, and in particular:

Article 25

Timelimits

Boning, trimming and packaging must be completed within 10 calendar days of slaughter. However, the Member States may set shorter timelimits.

Blastfreezing shall be carried out immediately after packing, commencing in any event on the same day; the quantity of meat boned may not exceed the daily capacity of the blast freezers.

The internal temperature of boned meat shall be reduced to or below – 7 °C within 36 hours during blastfreezing.

Article 26

Rejection of products

1.   Where the checks specified in Article 20(1) show breaches by the boning plant of Articles 17 to 25 in respect of a particular cut, those checks shall be extended to cover a further 5 % of the cartons filled during the day in question. Where further breaches are discovered, additional samples amounting to 5 % of the total number of cartons of the relevant cut shall be checked. When, at the fourth 5 % check, at least 50 % of the cartons are found to be in breach of those articles, the whole day's production of that cut shall be checked. However, checking of the whole day's production shall not be required once at least 20 % of the cartons of a particular cut has been found to be in breach.

2.   When, on the basis of paragraph 1, less than 20 % of the cartons of a particular cut are found to be in breach, the entire contents of those cartons shall be rejected and no payment shall be made in respect of them. The boning plant shall pay the intervention agency an amount equal to the price shown in Annex VIII for the cuts that have been rejected.

If at least 20 % of the cartons of a particular cut are found to be in breach, the whole day's production of that particular cut shall be rejected by the intervention agency and no payment shall be due. The boning plant shall pay the intervention agency an amount equal to the price shown in Annex VIII for the cuts that have been rejected.

If at least 20 % of the cartons of various cuts produced during the day are found to be in breach, the whole day's production shall be rejected by the intervention agency and no payment shall be due. The boning plant shall pay the intervention agency an amount equal to the price to be paid by the agency to the successful tenderer in accordance with Article 15 for the original bone-in products bought in and which, after boning, have been rejected, that price being increased by 20 %.

Where the third subparagraph is applicable, the first and second subparagraphs shall not apply.

3.   By way of derogation from paragraphs 1 and 2, where as a result of serious negligence or fraud the boning plant fails to comply with Articles 17 to 25:

CHAPTER IV

CHECKS ON PRODUCTS AND NOTIFICATIONS

Article 27

Storage of and checks on products

1.   The intervention agencies shall ensure that meat covered by this Regulation is so placed and kept in storage as to be readily accessible and in conformity with the provisions of the first paragraph of Article 23.

2.   The storage temperature may not rise above – 17 °C.

3.   The Member States shall take all measures necessary to ensure satisfactory preservation, in terms of quality and quantity, of the products stored and shall replace damaged packaging immediately. They shall provide for cover against the relevant risks by insurance in the form of either a contractual obligation on storers or comprehensive coverage of the liability borne by the intervention agency. The Member States may also act as their own insurers.

4.   During storage, the competent authorities shall conduct regular checks on significant quantities of the products stored following awards under invitations to tender held during the month.

During such checks, any products found not to be in compliance with the requirements as laid down in this Regulation shall be rejected and marked as such. Without prejudice to the application of penalties, the competent authorities shall, if need be, recover payments from the responsible parties.

Such checks shall be conducted by officials who do not receive instructions from the department which buys in the meat.

5.   The competent authorities shall take the necessary measures as regards traceability and storage to enable the products stored to be removed from storage and disposed of subsequently as efficiently as possible, having regard in particular to any requirements relating to the veterinary health status of the animals concerned.

Article 28

Notifications

1.   The Member States shall notify the Commission without delay of any change in the list of intervention centres and, where possible, of their freezing and storage capacity.

2.   Within 10 calendar days of completion of each takeover period, the Member States shall notify the Commission by telex or fax of the quantities delivered and accepted into intervention.

3.   By the twenty-first day of each month at the latest, the Member States shall notify the Commission in respect of the preceding month of:

4.   By the end of each month at the latest, the Member States shall notify the Commission in respect of the preceding month of:

5.   For the purposes of paragraphs 3 and 4:

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 29

Repeal

Regulation (EC) No 562/2000 is repealed.

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

Article 30

Entry into force

This Regulation shall enter into force on the 20th 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, 8 November 2006.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

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(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 68, 16.3.2000, p. 22. Regulation as last amended by Regulation (EC) No 1067/2005 (OJ L 174, 7.7.2005, p. 60).

(3)  See Annex IX.

(4)OJ L 39, 17.2.1996, p. 1.

(5)OJ L 214, 4.8.2006, p. 1.

(6)OJ L 139, 30.4.2004, p. 206.

(7)OJ L 253, 11.10.1993, p. 1.

(8)OJ L 204, 11.8.2000, p. 1.

(9)OJ L 139, 30.4.2004, p. 55.

(10)OJ L 205, 3.8.1985, p. 5.

(11)OJ L 125, 23.5.1996, p. 3.

(12)OJ L 41, 14.2.1991, p. 15.

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ANNEX I

CONVERSION COEFFICIENTS

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ANNEX II

Productos admisibles para la intervención — Produkty k intervenci — Produkter, der er kvalificeret til intervention — Interventionsfähige Erzeugnisse — Sekkumiskõlblike toodete loetelu — Προϊόντα επιλέξιμα για την παρέμβαση — Products eligible for intervention — Produits éligibles à l'intervention — Prodotti ammissibili all'intervento — Produkti, kas ir piemēroti intervencei — Produktai, kuriems taikoma intervencija — Intervencióra alkalmas termékek — Producten die voor interventie in aanmerking komen — Produkty kwalifikujące się do skupu interwencyjnego — Produtos elegíveis para a intervenção — Produkty, ktoré môžu byť predmetom intervencie — Proizvodi, primerni za intervencijo — Interventiokelpoiset tuotteet — Produkter som kan bli föremål för intervention

BELGIQUE/BELGIË

Carcasses, demi-carcasses: Hele dieren, halve dieren:

ČESKÁ REPUBLIKA

Jatečně upravená těla, půlky jatečně upravených těl:

DANMARK

Hele og halve kroppe:

DEUTSCHLAND

Ganze oder halbe Tierkörper:

EESTI

Rümbad, poolrümbad:

ΕΛΛΑΔΑ

Ολόκληρα ή μισά σφάγια:

ESPAÑA

Canales o semicanales:

FRANCE

Carcasses, demi-carcasses:

IRELAND

Carcasses, half-carcasses:

ITALIA

Carcasse e mezzene:

ΚΥΠΡΟΣ

Ολόκληρα ή μισά σφάγια:

LATVIJA

Liemeņi, pusliemeņi:

LIETUVA

Skerdenos ir skerdenų pusės:

LUXEMBOURG

Carcasses, demi-carcasses:

MAGYARORSZÁG

Hasított test vagy hasított féltest:

MALTA

Carcasses, half-carcasses:

NEDERLAND

Hele dieren, halve dieren:

ÖSTERREICH

Ganze oder halbe Tierkörper:

POLSKA

Tusze, półtusze:

PORTUGAL

Carcaças ou meias-carcaças:

SLOVENIJA

Trupi, polovice trupov:

SLOVENSKO

Jatočné telá, jatočné polovičky:

SUOMI/FINLAND

Ruhot, puoliruhot / Slaktkroppar, halva slaktkroppar:

SVERIGE

Slaktkroppar, halva slaktkroppar:

UNITED KINGDOM

I.   Great Britain

Carcasses, half-carcasses:

II.   Northern Ireland

Carcasses, half-carcasses:

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ANNEX III

PROVISIONS APPLICABLE TO CARCASES, HALF-CARCASES AND QUARTERS

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ANNEX IV

COEFFICIENTS REFERRED TO IN ARTICLE 11(3)

Formula A

Coefficient n = (a/b)

Where:

a= the average of the average market prices recorded in the Member State or region thereof in question for the two or three weeks following that of the award decision,

b= the average market price recorded in the Member State or region thereof in question, as referred to in Article 11(1), applicable to the invitation to tender concerned.

Formula B

Coefficient n′ = (a′/b′)

Where:

a′= the average of the purchase prices paid by the tenderer for animals of the same quality and category as those taken into account for the calculation of the average market price during the two or three weeks following that of the award decision,

b′= the average of the purchase prices paid by the tenderer for animals taken into account for the calculation of the average market price during the two weeks used to determine the average market price applicable to the invitation to tender concerned.

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ANNEX V

SPECIFICATIONS FOR INTERVENTION BONING

1.   HINDQUARTER CUTS

1.1.   Description of cuts

1.1.1.   Intervention shank (code INT 11)

Cutting and boning: remove by a cut passing through the stifle joint and separating from the topside and the silverside by following the natural seam, leaving the heel muscle attached to the shank. Remove shank bones (tibia and hock).

Trimming: trim sinew tips back to the meat.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.2.   Intervention thick flank (code INT 12)

Cutting and boning: separate from the topside by a straight cut down to and along the line of the femur and from the silverside by continuing the cut down in the line of the natural seam; the cap must be left naturally attached.

Trimming: remove the patella, the joint capsule and tendon; the external fat cover must not exceed one centimetre at any point.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.3.   Intervention topside (code INT 13)

Cutting and boning: separate from the silverside and the shank by a cut following the line of the natural seam and detach from the femur; remove the aitch bone.

Trimming: remove the pizzle butt, the adjacent gristle and the scrotal (superficial inguinal) gland; remove the cartilage and connective tissues associated with the pelvic bone; the external fat cover must not exceed one centimetre at any point.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.4.   Intervention silverside (code INT 14)

Cutting and boning: separate from the topside and the shank by a cut following the line of the natural seam; remove the femur.

Trimming: remove the heavy cartilage adjacent to the bone joint, the popiteal lymph node, attached fat and tendon; the external fat cover must not exceed one centimetre at any point.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.5.   Intervention fillet (code INT 15)

Cutting: remove entire length of fillet by freeing the head (butt end) from the hip bone (ilium) and by tracing along the fillet adjacent to the vertebrae, thereby freeing the fillet from the loin.

Trimming: remove gland and de-fat. Leave the silverskin and chain muscle intact and fully attached. Special care must be taken in cutting, trimming and packing this valuable cut.

Wrapping and packing: fillets must be packed carefully lengthwise, thin ends to thick ends alternatively, silverskin up, and must not be folded. These cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.6.   Intervention rump (code INT 16)

Cutting and boning: separate from the silverside/thick flank by a straight cut from a point approximately five centimetres from the posterior edge of the fifth sacral vertebra, passing approximately five centimetres from the anterior edge of the aitch bone, taking care not to cut through the thick flank.

Separate from the loin by a cut between the last lumbar and first sacral vertebrae, clearing the anterior edge of the pelvic bone. Remove bones and cartilage.

Trimming: remove the pocket of fat on the internal surface below the eye muscle. The external fat cover must not exceed one centimetre at any point. Special care must be taken in cutting, trimming and packing this valuable cut.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.7.   Intervention striploin (code INT 17)

Cutting and boning: separate from the rump by a straight cut between the last lumbar and the first sacral vertebrae. Separate from the fore-rib (five bone) by a straight cut between the eleventh and tenth ribs. Remove the backbones cleanly. Remove the ribs and feather bones by sheeting out.

Trimming: remove any species of cartilage left after boning. The tendon must be removed. The external fat cover must not exceed one centimetre at any point. Special care must be taken in cutting, trimming and packing this valuable cut.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

1.1.8.   Intervention flank (code INT 18)

Cutting and boning: remove the full flank from the eight-rib straight-cut hindquarter by a cut from the point where the flank has been laid back, following the natural seam down around the surface of the hind muscles to a point which is horizontal to the middle of the last lumbar vertebra. Continue the cut downwards in a straight line parallel to the fillet, through the thirteenth to the sixth rib inclusive along a line running parallel to the dorsal edge of the vertebral column, so that the entire downward cut is no more than five centimetres from the lateral tip of the eye muscle.

Remove all bones and cartilage by sheeting out. The whole flank must remain in one piece.

Trimming: remove the coarse connective tissue sheath covering the goose skirt, leaving the goose skirt intact. Trim fat so that the overall percentage of visible (external and interstitial) fat does not exceed 30 %.

Wrapping and packing: the full flank may be folded once only for packing. It must not be cut or rolled. When packed, the inner part of the flank and the goose skirt must be clearly visible. Before packing each box must be lined with polyethylene to allow complete wrapping of the cut/s.

1.1.9.   Intervention fore-rib (five bone) (code INT 19)

Cutting and boning: this cut must be separated from the striploin by a straight cut between the eleventh and tenth ribs and must include the sixth to tenth ribs inclusive. Remove the intercostal muscles and pleura in a thin sheet with rib bones. Remove backbone and cartilage, including the tip of the scapula.

Trimming: remove the backstrap (ligamentum nuchae). The external fat cover must not exceed one centimetre at any point. The cap must be left attached.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

2.   FOREQUARTER CUTS

2.1.   Description of cuts

2.1.1.   Intervention shin (code INT 21)

Cutting and boning: remove by a cut around the joint separating the shinbone (radius) and clod-bone (humerus). Remove the shinbone (radius).

Trimming: trim sinew tips back to the meat.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

Shins must not be packed with shanks.

2.1.2.   Intervention shoulder (code INT 22)

Cutting and boning: separate the shoulder from the forequarter by cutting in a line following the natural seam around the edge of the shoulder and the cartilage at the tip of the scapula, continuing around the seam so that the shoulder is lifted from its natural pocket. Remove the scapula. The blade muscle under the scapula must be laid back but left attached so as to allow clean removal of the bone. Remove the clod-bone (humerus).

Trimming: remove cartilage, tendons and joint capsules; trim fat so that the overall percentage of visible (external and interstitial) fat does not exceed 10 %.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

2.1.3.   Intervention brisket (code INT 23)

Cutting and boning: separate from the forequarter by cutting in a straight line perpendicular to the middle of the first rib. Remove intercostal muscles and pleura by ‘sheeting out’, with ribs, breastbone and cartilage. Deckle to be left attached to the brisket. Fat underlying the deckle and the sternum must be removed.

Trimming: trim fat so that the overall percentage of visible (external and interstitial) fat does not exceed 30 %.

Wrapping and packing: each cut must be individually wrapped in polyethylene and packed in a carton lined with polyethylene to allow complete wrapping of the cuts.

2.1.4.   Intervention forequarter (code INT 24)

Cutting and boning: the cut remaining after removal of the brisket, shoulder and shin is classed as forequarter.

Remove rib bones by sheeting out. Neck bones must be removed cleanly.

The chain muscle must be left attached to this cut.

Trimming: tendons, joint capsules and cartilage to be removed. Trim fat so that the overall percentage of visible (external and interstitial) fat does not exceed 10 %.

Wrapping and packing: these cuts must be individually wrapped in polyethylene before packing in cartons lined with polyethylene.

3.   VACUUM-PACKING OF CERTAIN INDIVIDUAL CUTS

Member States may decide to allow vacuum-packing instead of individual wrapping as provided for under point 1 for cuts of codes INT 12, 13, 14, 15, 16, 17 and 19.

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ANNEX VI

Direcciones de los organismos de intervención — Adresy intervenčních agentur — Interventionsorganernes adresser — Anschriften der Interventionsstellen — Sekkumisametite aadressid — Διευθύνσεις του οργανισμού παρέμβασης — Addresses of the intervention agencies — Adresses des organismes d'intervention — Indirizzi degli organismi d'intervento — Intervences aģentūru adreses — Intervencinių agentūrų adresai — Az intervenciós hivatalok címei — Adressen van de interventiebureaus — Adresy agencji interwencyjnych — Endereços dos organismos de intervenção — Adresy intervenčných agentúr — Naslovi intervencijskih agencij — Interventieoelinten osoitteet — Interventionsorganens addresser

BELGIQUE/BELGIË

ČESKÁ REPUBLIKA

DANMARK

DEUTSCHLAND

EESTI

ΕΛΛΑΔΑ

ESPAÑA

FRANCE

IRELAND

ITALIA

ΚΥΠΡΟΣ

LATVIJA

LIETUVA

LUXEMBOURG

HUNGARY

MALTA

NEDERLAND

ÖSTERREICH

POLAND

PORTUGAL

SLOVENIJA

SLOVENSKO

SUOMI/FINLAND

SVERIGE

UNITED KINGDOM

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ANNEX VII

PROVISIONS APPLICABLE TO CARTONS, PALLETS AND CAGES

I.   Cartons

II.   Pallets and cages

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ANNEX VIII

Individual prices of rejected intervention cuts for the purposes of the first and second subparagraphs of Article 26(2)

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ANNEX IX

REPEALED REGULATION WITH ITS SUCCESSIVE AMENDMENTS

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ANNEXE X

CORRELATION TABLE

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            COMMISSION REGULATION (EC) No 1670/2006

of 10 November 2006         

laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 18 thereof,

Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   This Regulation lays down detailed rules for fixing and granting export refunds for cereals exported in the form of spirit drinks as referred to in Article 16 of Regulation (EC) No 1784/2003 and for which a compulsory ageing period of at least three years is part of the manufacturing process.

2.   Commission Regulation (EC) No 1043/2005 (8) shall not apply to the spirit drinks referred to in paragraph 1, save as otherwise provided in Article 6(1) of this Regulation.

Article 2

The refunds referred to in Article 1 may be granted for cereals meeting the conditions laid down in Article 23(2) of the Treaty and used in the production of the spirit drinks falling within CN codes 2208 30 32, 2208 30 38, 2208 30 52, 2208 30 58, 2208 30 72, 2208 30 78, 2208 30 82 and 2208 30 88 manufactured in accordance with Council Regulation (EEC) No 1576/89 (9).

Article 3

For the purposes of this Regulation:

Article 4

1.   The quantities of cereals eligible for the refund shall be the quantities placed under control and distilled by those entitled to the refund during a given distillation period, weighted by a coefficient to be fixed annually for each Member State concerned and applicable to all eligible parties concerned. The coefficient shall express the average ratio between the total quantities exported and the total quantities marketed of the spirit drinks concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.

For the purpose of determining the quantities of cereals distilled and the coefficient, quantities which have been subject to inward processing arrangements shall be excluded.

When the coefficient is calculated, account shall also be taken of variations in the stocks of one of the spirit drinks in question.

The coefficient may differ according to the cereal used.

2.   The competent bodies shall at regular intervals check on the volume actually exported and on the volume of stocks.

Article 5

The coefficient referred to in Article 4(1) shall be fixed before 1 July each year.

It shall apply from 1 October until 30 September of the following year.

The coefficient shall be fixed in accordance with information supplied by the Member States on the period 1 January to 31 December of the years preceding the year of fixing.

Article 6

1.   The rate of the refund applicable shall be that fixed in accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005.

2.   The rate of the refund and the agricultural conversion rate shall be those applicable on the day on which the cereals are placed under control.

However, as regards the quantities distilled in each of the fiscal distillation periods following that in which the placing under control occurred, those rates shall be those valid on the first day of each fiscal distillation period concerned.

Article 7

1.   Where the situation on the world market or the specific requirements of certain markets so dictate, the refund shall be abolished for certain destinations.

2.   If the refund is abolished pursuant to paragraph 1, or if it is reintroduced, and if certain markets become ineligible for export refunds pursuant to an Act of Accession or agreements with third countries, the coefficient referred to in Article 4(1) shall be adjusted. That adjustment shall involve as appropriate, the exclusion or inclusion, in the total exported quantities used for calculating that coefficient, of the quantities exported to those markets for which the refund is abolished or reintroduced. The adjusted coefficient shall apply from the first day of the fiscal distillation period following the change in the eligibility of the markets concerned.

Article 8

For the purposes of this Regulation, cereals may be replaced by malt.

In that case the coefficient for calculating the barley equivalent of malt shall be 1,30.

However, where the malt that is placed under control is green malt with a moisture content of between 43 % and 47 %, the coefficient for calculating the equivalent weight of malt with a moisture content of 7 % shall be 0,57.

Article 9

1.   Only distillers established in the Community shall be entitled to the refund.

2.   The distiller shall communicate to the competent authorities prior to the commencement of each fiscal distillation period a declaration including all the particulars necessary for determining the refund, in particular:

During the fiscal distillation period the declaration may be updated as the distillation process proceeds in order to take account of the larger or smaller quantities actually being distilled.

3.   After each fiscal distillation period the distiller shall lodge with the competent authorities a declaration, hereinafter called a ‘distillation declaration’, in which he confirms that he has distilled, during the distillation period concerned, the cereals set out in the declaration referred to in paragraph 2, in order to produce one of the spirit drinks in question; he shall indicate the quantity of distilled products obtained. This declaration shall be certified by the authorities carrying out the placing under control.

4.   The refund shall be paid once proof has been furnished that the cereals have been placed under control and distilled.

5.   The weight of cereals to be taken into consideration for calculation of the payment shall be the net weight, if the moisture content is not more than 15 %. If the moisture content of the cereals used is more than 15 % but not more than 16 %, the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the cereals used is more than 16 % but not more than 17 %, the reduction shall be 2 %. If the moisture content of the cereals used is more than 17 % the reduction shall be two percentage points for each percentage point of moisture above 15 %.

The weight of malt other than green malt, as referred to in Article 8, which is to be taken into consideration for calculation of the payment shall be the net weight, if the moisture is not more than 7 %. If the moisture content of the malt used is more than 7 % but not more than 8 %, the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the malt used is more than 8 % the reduction shall be two percentage points for each percentage point of moisture above 7 %.

The Community reference method for determining the moisture content of cereals and malt intended for production of the spirit drinks referred to in this Regulation shall be that shown in Annex IV to Commission Regulation (EC) No 824/2000 (10).

Article 10

Member States shall take the measures necessary to verify the accuracy of the declarations referred to in Article 9 and those relating to the physical control of the cereals, the distillation process and the use of the distilled product obtained.

Article 11

1.   The by-products of processing shall be exempt from control if it has been established that they do not exceed the quantity of by-products normally obtained.

2.   No refund shall be granted where the cereals or malt are not of sound and fair merchantable quality.

Article 12

1.   The refund shall be paid by the Member State in which the declarations referred to in Article 9 are accepted.

2.   The refund shall be paid only on written application by the trader. Member States may prescribe a special form to be used for this purpose.

3.   Except in cases of force majeure the documents required for the granting of the refund must be lodged within 12 months of the day on which the authorities carrying out the placing under control accepted the distillation declaration, otherwise entitlement to the refund shall be lost.

4.   Where the coefficient is adjusted pursuant to Article 7(2), refunds incorrectly paid from the date of application of the adjusted coefficient shall be repaid by the beneficiaries.

Article 13

1.   For the purposes of Article 4, proof shall be provided that the quantities of spirit drinks which fulfil the conditions laid down in Article 23(2) of the Treaty have been exported.

2.   The proof applicable shall be that provided for in Regulation (EC) No 800/1999.

3.   For the purposes of this Regulation, ‘export’ means:

4.   Products having been placed in a victualling warehouse approved pursuant to Article 40 of Regulation (EC) No 800/1999 shall also be considered to have been exported. When products have been placed in such warehouses, Articles 40 to 43 of the abovementioned Regulation shall apply mutatis mutandis.

Article 14

1.   Spirit drinks shall be deemed to have been exported on the day on which customs export formalities were completed.

2.   The declaration submitted when the customs export formalities are completed must contain:

3.   For the purposes of paragraph 2(c), if the spirit drink is obtained from different types of cereals and it results from a subsequent blending it shall be sufficient to state this in the declaration.

Article 15

1.   For a quantity of a spirit drink to be deemed to have been exported, the proof referred to in Article 13 must be submitted to the designated authorities within six months of the date on which the customs export formalities are completed.

2.   If proof has not been produced within the prescribed time limit despite the exporter's best endeavours to obtain it within that time limit, extensions to the time limit, not exceeding six months altogether, may be granted.

However, if proof of export is provided outside the time limit which would permit the export operation to be included with exports performed during the same calendar year, the export operation in question shall be aggregated with exports performed during the following calendar year.

Article 16

1.   Where the Community transit procedure applies, the drinks referred to in Article 13(1) shall be placed under the Community external transit procedure.

2.   For the purposes of Regulation (EEC) No 2913/92, the spirit drinks referred to in Article 13(1) of this Regulation shall be deemed to be goods in respect of which the requisite customs export formalities for the granting of export refunds have been completed. Such drinks may not be placed in free circulation unless an amount corresponding to the export refund paid is reimbursed.

Article 17

Where Article 7 applies, proof must also be provided that the spirit drinks concerned have reached the destination for which the refund was fixed.

In that event, the proof of importation into a third country in respect of which the refund applies shall be the proof provided for in Articles 15 and 16 of Regulation (EC) No 800/1999.

Article 18

1.   The Member States concerned shall inform the Commission of the names and addresses of the bodies competent to apply this Regulation.

2.   The Member States concerned shall provide the Commission with the following information before 16 July each year:

3.   The Member States concerned shall also provide the Commission with the information listed under (a) to (d) for each calendar quarter before 16 October, 16 January and 16 April, where available.

4.   At the request of the Commission, the Member States concerned shall also provide the information necessary for adjusting the coefficient referred to in Article 7(2).

Article 19

For the purposes of Article 18:

Article 20

Regulation (EEC) No 2825/93 is repealed.

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

Article 21

This Regulation shall enter into force on the 20th 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, 10 November 2006.

For the Commission

The President

José Manuel BARROSO            

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(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

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

(3)OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

(4)  See Annex I.

(5)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

(6)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(7)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(8)OJ L 172, 5.7.2005, p. 24.

(9)OJ L 160, 12.6.1989, p. 1.

(10)OJ L 100, 20.4.2000, p. 31.

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ANNEX I

Repealed Regulation with its successive amendments

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ANNEX II

CORRELATION TABLE

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            COMMISSION REGULATION (EC) No 1671/2006

of 10 November 2006         

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

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 Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 November 2006 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of December 2006 for 4 832,45 t.

Article 2

This Regulation shall enter into force on 11 November 2006.

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

Done at Brussels, 10 November 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

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(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 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 408/2006 (OJ L 71, 10.3.2006, p. 3).

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            COUNCIL DIRECTIVE 2006/91/EC

of 7 November 2006         

on control of San José Scale

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 94 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 DIRECTIVE:

Article 1

This Directive concerns the minimum measures to be taken within the Member States to control San José Scale (Quadraspidiotus perniciosus Comst.) and to prevent it from spreading.

Article 2

For the purposes of this Directive, the following definitions shall apply:

Article 3

When an occurrence of San José Scale is recorded, Member States shall demarcate the contaminated area and a safety zone large enough to ensure the protection of the surrounding areas.

Article 4

The Member States shall provide that, in contaminated areas and safety zones, San José Scale host plants shall be appropriately treated to control this pest and prevent it from spreading.

Article 5

The Member States shall provide that:

Article 6

The Member States shall ensure that in the safety zones San José Scale host plants are subjected to official supervision and are inspected at least once a year in order to detect any occurrence of San José Scale.

Article 7

1.   The Member States shall provide that in any batch of plants (other than those that are rooted in the ground) and of fresh fruit within which contamination has been found, the contaminated plants and fruit shall be destroyed and the other plants and fruit in the batch treated or processed in such a way that any San José Scale insects which might still be present are destroyed.

2.   Paragraph 1 shall not apply to slightly contaminated batches of fresh fruit.

Article 8

The Member States shall revoke the measures taken to control San José Scale or to prevent it from spreading only if San José Scale is no longer found to be present.

Article 9

The Member States shall prohibit the holding of San José Scale.

Article 10

1.   Member States may authorise:

2.   The Member States shall ensure that the authorisations provided for in paragraph 1 are granted only where adequate controls guarantee that they do not prejudice the control of San José Scale and create no risk of the spread of this pest.

Article 11

Member States may adopt such additional or stricter provisions as may be required to control San José Scale or to prevent it from spreading.

Article 12

Directive 69/466/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.

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

Article 13

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 14

This Directive is addressed to the Member States.

Done at Brussels, 7 November 2006.

For the Council

The President

E. HEINÄLUOMA            

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(1)  Opinion delivered on 12 October 2006 (not yet published in the Official Journal).

(2)  Opinion delivered on 5 July 2006 (not yet published in the Official Journal).

(3)OJ L 323, 24.12.1969, p. 5. Directive as amended by Directive 77/93/EEC (OJ L 26, 31.1.1977, p. 20).

(4)  See Annex I, Part A, of this Official Journal.

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ANNEX I

PART A

Repealed Directive with its amendment

PART B

List of time-limits for transposition into national law

(referred to in Article 12)

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(1)  For Ireland and the United Kingdom: 1 July 1973.

(2)  In accordance with the procedure laid down in Article 16 of Directive 77/93/EEC, Member States may be authorised, on request, to comply with certain of the provisions of this Directive by a date later than 1 May 1980, but not later than 1 January 1981.

(3)  For Greece: 1 January 1983.

(4)  For Spain and Portugal: 1 March 1987.

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ANNEX II

Correlation table

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 7 November 2006         

amending Decision 2003/583/EC on the reallocation of funds received by the European Investment Bank for operations carried out in the Democratic Republic of Congo under the second, third, fourth, fifth and sixth EDFs

(2006/768/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 (1),

Having regard to the Internal Agreement of 12 September 2000 between representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the overseas countries and territories to which part four of the EC Treaty applies (2), and in particular Article 8(2) thereof,

Having regard to the proposal from the Commission drafted in agreement with the European Investment Bank (EIB),

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The third sentence of Article 4 of Decision 2003/583/EC is replaced by the following:

‘The deadline for committing the funds deposited on this account shall be 31 December 2007, as per Decision 2005/446/EC. On the completion of all operations funded from the allocation, the bank account will be closed and any remaining funds will be refunded to Member States. The account will be closed no later than 31 December 2011.’

Article 2

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

Done at Brussels, 7 November 2006.

For the Council

The President

E. HEINÄLUOMA            

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(1)OJ L 317, 15.12.2000, p. 3. Agreement as amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 287, 28.10.2005, p. 4).

(2)OJ L 317, 15.12.2000, p. 355.

(3)OJ L 198, 6.8.2003, p. 9.

(4)OJ L 156, 18.6.2005, p. 19.

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Commission

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            COMMISSION DECISION         

of 31 October 2006         

drawing up the list of regions and areas eligible for funding from the European Regional Development Fund under the cross-border and transnational strands of the European territorial cooperation objective for the period 2007 to 2013

(notified under document number C(2006) 5144)

(2006/769/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions for the European Regional Development Fund, the European Social Fund and the Cohesion Fund (1), and in particular Article 7 thereof,

After consulting the Coordination Committee of the Funds referred to in Article 103 of Regulation (EC) No 1083/2006,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of cross-border cooperation, as referred to in Article 7(1) of Regulation (EC) No 1083/2006, the regions eligible for funding from the European Regional Development Fund under the European territorial cooperation objective shall be those listed in Annex I.

Article 2

For the purpose of transnational cooperation, as referred to in Article 7(2) of Regulation (EC) No 1083/2006, the areas eligible for funding from the European Regional Development Fund under the European territorial cooperation objective shall be those listed in Annex II.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 31 October 2006.

For the Commission

Danuta HÜBNER            

Member of the Commission

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(1)OJ L 210, 31.7.2006, p. 25.

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ANNEX I

List of NUTS level III regions eligible for funding from the European Regional Development Fund under the cross-border strand of the European territorial cooperation objective for the period from 1 January 2007 to 31 December 2013               

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ANNEX II

List of areas and of NUTS level II regions eligible for funding from the European Regional Development Fund under the transnational strand of the European territorial cooperation objective for the period from 1 January 2007 to 31 December 2013               

AZORES-MADEIRA-CANARY ISLANDS (MACARONESIA)

ALPINE SPACE

ATLANTIC COAST

BALTIC SEA

CARIBBEAN AREA

EAST-CENTRAL EUROPE

INDIAN OCEAN AREA

MEDITERRANEAN (*1)

NORTH SEA

NORTH WEST EUROPE

NORTHERN PERIPHERY

SOUTH EAST EUROPE

SOUTH WEST EUROPE (*2)

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(*1)  The area also includes Gibraltar.

(*2)  The area also includes Gibraltar.

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            COMMISSION DECISION         

of 9 November 2006         

amending the Annex to Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity

(Text with EEA relevance)

(2006/770/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (1), and in particular Article 8(4) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Annex to Regulation (EC) No 1228/2003 is replaced by the Annex to this Decision.

Article 2

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

Done at Brussels, 9 November 2006.

For the Commission

Andris PIEBALGS            

Member of the Commission

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(1)OJ L 176, 15.7.2003, p. 1.

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ANNEX

Guidelines on the management and allocation of available transfer capacity of interconnections between national systems

1.   General Provisions

2.   Congestion management methods

3.   Coordination

4.   Timetable for market operations

5.   Transparency

6.   Use of congestion income

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(1)  Operational security means ‘keeping the transmission system within agreed security limits’.

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            COMMISSION DECISION         

of 9 November 2006         

on harmonisation of the radio spectrum for use by short-range devices

(notified under document number C(2006) 5304)

(Text with EEA relevance)

(2006/771/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the frequency bands and the related technical parameters for the availability and efficient use of radio spectrum for short-range devices so that such devices may benefit from ‘Class 1’ classification under Commission Decision 2000/299/EC.

Article 2

For the purpose of this Decision:

Article 3

1.   Member States shall designate and make available, on a non-exclusive, non-interference and non-protected basis, the frequency bands for the types of short-range devices, subject to the specific conditions and by the implementation deadline, as laid down in the Annex to this Decision.

2.   Notwithstanding paragraph 1, Member States may request transitional periods and/or radio spectrum-sharing arrangements, pursuant to Article 4(5) of the Radio Spectrum Decision.

3.   This Decision is without prejudice to the right of Member States to allow the use of the frequency bands under less restrictive conditions than specified in the Annex to this Decision.

Article 4

Member States shall keep the use of the relevant bands under scrutiny and report their findings to the Commission to allow regular and timely review of the Decision.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 9 November 2006.

For the Commission

Viviane REDING            

Member of the Commission

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(1)OJ L 108, 24.4.2002, p. 1.

(2)OJ L 108, 24.4.2002, p. 21.

(3)OJ L 91, 7.4.1999, p. 10.

(4)OJ L 97, 19.4.2000, p. 13.

(5)  Mandate to CEPT to analyse further harmonisation of frequency bands in use for short-range devices.

(6)  Final report by the ECC in response to the EC mandate to the CEPT on short-range devices radio spectrum harmonisation.

(7)OJ L 241, 13.7.2004, p. 66.

(8)OJ L 21, 25.1.2005, p. 15.

(9)OJ L 187, 19.7.2005, p. 22.

(10)OJ L 344, 27.12.2005, p. 47.

(11)OJ L 159, 30.4.2004, p. 1, corrected by OJ L 184, 24.5.2004, p. 1.

(12)OJ L 199, 30.7.1999, p. 59.

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ANNEX

Harmonised frequency bands and technical parameters for short-range devices

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(1)  This category is available for any type of application which fulfils the technical conditions (typical uses are telemetry, telecommand, alarms, data in general and other similar applications).

(2)              ‘Duty cycle’ means the ratio of time during any one-hour period when equipment is actively transmitting.

(3)  Social alarm devices are used to assist elderly or disabled people living at home when they are in distress.

(4)  This category covers, for example, devices for car immobilisation, animal identification, alarm systems, cable detection, waste management, personal identification, wireless voice links, access control, proximity sensors, anti-theft systems including RF anti-theft induction systems, data transfer to handheld devices, automatic article identification, wireless control systems and automatic road tolling.

(5)  This category covers the radio part of active implantable medical devices, as defined in Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices and their peripherals.

(6)  Applications for wireless audio systems, including: cordless loudspeakers; cordless headphones; cordless headphones for portable use, for example portable CD, cassette or radio devices carried on a person; cordless headphones for use in a vehicle, for example for use with a radio or mobile telephone, etc.; in-ear monitoring, for use with concerts or other stage productions.

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