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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 305/2006

of 21 February 2006         

imposing specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60, 301 and 308 thereof,

Having regard to Council Common Position 2005/888/CFSP of 12 December 2005 concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (1),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (2),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

1.   All funds and economic resources belonging to, owned, held or controlled by the natural or legal persons, entities or bodies listed in Annex I shall be frozen.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I.

3.   The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.

Article 3

1.   By way of derogation from Article 2, the competent authorities of the Member States, as listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, having determined that the funds or economic resources concerned are:

provided that the Member State concerned has notified the Sanctions Committee of that determination and that the determination has been approved by that Committee.

2.   The relevant competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under paragraph 1.

3.   Article 2(2) shall not apply to the addition to frozen accounts of interest or other earnings on those accounts provided that any such interest or other earnings are frozen in accordance with Article 2(1).

Article 4

Article 2(2) shall not prevent the crediting of the frozen accounts by financial institutions that receive funds transferred by third parties to the account of a listed person, entity or body, provided that any such crediting to such accounts is also frozen in accordance with Article 2(1). The financial institution shall inform the competent authorities of such transactions without delay.

Article 5

1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:

2.   Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.

3.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. Such purposes shall be deemed to include cooperation with any international investigation related to the assets or financial transactions of the natural and legal persons, bodies and entities listed in Annex I.

Article 6

The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.

Article 7

The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

Article 8

1.   The Commission shall be empowered to:

2.   Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation.

Article 9

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment to them.

Article 10

This Regulation shall apply:

Article 11

This Regulation shall enter into force on the day 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, 21 February 2006.

For the Council

The President

K. GASTINGER            

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(1)OJ L 327, 14.12.2005, p. 26.

(2)  Not yet published in the Official Journal.

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ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2

(Annex to be completed after the persons and entities have been registered by the Committee established by paragraph 3 (b) of UNSCR 1636 (2005))

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ANNEX II

List of competent authorities referred to in Articles 3, 4 and 5

BELGIUM

CZECH REPUBLIC

DENMARK

GERMANY

Concerning funds:

Concerning economic resources

ESTONIA

GREECE

A.   Freezing of Assets

Α.   Δέσμευση κεφαλαίων

B.   Import-Export restrictions

Β.   Περιορισμοί εισαγωγών — εξαγωγών

SPAIN

FRANCE

IRELAND

ITALY

CYPRUS

LATVIA

LITHUANIA

LUXEMBOURG

HUNGARY

MALTA

NETHERLANDS

AUSTRIA

A.   Freezing of Assets

B.   Import-Export restrictions and all other restrictions

POLAND

PORTUGAL

SLOVENIA

SLOVAKIA

FINLAND

SWEDEN

UNITED KINGDOM

EUROPEAN COMMUNITY

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            COMMISSION REGULATION (EC) No 306/2006

of 21 February 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 22 February 2006.

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

Done at Brussels, 21 February 2006.

For the Commission

J. L. 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 21 February 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 307/2006

of 21 February 2006         

amending Regulation (EC) No 80/2006 opening a standing invitation to tender for the resale on the Community market of rye held by the German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 80/2006, ‘50 000 tonnes’ is replaced by ‘100 000 tonnes’.

Article 2

This Regulation shall enter into force on the third 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, 21 February 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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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 14, 19.1.2006, p. 5.

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            COUNCIL DIRECTIVE 2006/18/EC

of 14 February 2006         

amending Directive 77/388/EEC with regard to reduced rates of value added tax

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 93 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

Directive 77/388/EEC is hereby amended as follows:

Article 2

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

It shall be applicable as from 1 January 2006.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 14 February 2006.

For the Council

The President

K.-H. GRASSER            

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(1)OJ C 89 E, 14.4.2004, p. 138.

(2)OJ C 32, 5.2.2004, p. 113.

(3)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2005/92/EC (OJ L 345, 28.12.2005, p. 19).

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 24 January 2006         

on the existence of an excessive deficit in the United Kingdom

(2006/125/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,

Having regard to the recommendation from the Commission,

Having regard to the observations made by the United Kingdom,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

From an overall assessment it follows that an excessive deficit exists in the United Kingdom.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 24 January 2006.

For the Council

The President

K.-H. GRASSER            

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(1)OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).

(2)OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).

(3)  August 2005 EDP notification, revised down from 3,3 % of GDP. The United Kingdom August data were validated by Eurostat on 26 September 2005.

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            COUNCIL DECISION         

of 14 February 2006         

amending Decisions 98/161/EC, 2004/228/EC and 2004/295/EC, as regards the extension of measures to prevent evasion of value added tax in the waste sector

(Only the Dutch, Spanish and Italian versions are authentic)

(2006/126/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of valued added tax: uniform basis of assessment (1), and in particular Article 27 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

In Article 1 of Decision 98/161/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 2

In Article 3 of Decision 2004/228/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 3

In Article 3 of Decision 2004/295/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 4

This Decision shall apply as from 1 January 2006.

Article 5

This Decision is addressed to the Kingdom of Spain, the Italian Republic and the Kingdom of the Netherlands.

Done at Brussels, 14 February 2006.

For the Council

The President

K.-H. GRASSER            

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(1)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2005/92/EC (OJ L 345, 28.12.2005, p. 19).

(2)OJ L 53, 24.2.1998, p. 19. Decision as last amended by Decision 2004/514/EC (OJ L 219, 19.6.2004, p. 11).

(3)OJ L 70, 9.3.2004, p. 37.

(4)OJ L 97, 1.4.2004, p. 63.

(5)OJ L 172, 12.7.2000, p. 24.

(6)OJ L 219, 19.6.2004, p. 11.

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Commission

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            COMMISSION DECISION         

of 2 February 2006         

approving the 2006 technical action plan for the improvement of agricultural statistics

(notified under document number C(2005) 6068)

(2006/127/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 96/411/EC of 25 June 1996 on improving Community agricultural statistics (1), and in particular Article 4(1) and Article 6(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The 2006 technical action plan for improving agricultural statistics (TAPAS 2006), as set out in the Annex, is approved.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2006.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

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(1)OJ L 162, 1.7.1996, p. 14. Decision as last amended by Decision No 787/2004/EC of the European Parliament and of the Council (OJ L 138, 30.4.2004, p. 12).

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ANNEX

2006 TECHNICAL ACTION PLAN FOR IMPROVING AGRICULTURAL STATISTICS (TAPAS 2006)

The measures covered by the 2006 technical action plan for improving agricultural statistics concerning the following areas:

The Commission will make a financial contribution to projects developed as part of these measures which will not exceed the amounts shown in Table A for each Member State.

Table A

Technical action plan 2006

Maximum financial contribution of the Community to expenditure incurred

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            COMMISSION DECISION         

of 3 February 2006         

amending Directive 2001/109/EC of the European Parliament and of the Council and Commission Decision 2002/38/EC concerning the statistical surveys carried out on plantations of certain species of fruit trees

(notified under document number C(2005) 5963)

(2006/128/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees (1), and in particular Article 1(2), third subparagraph, and Articles 2(2) and 4(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2001/109/EC is replaced by Annex I to this Decision.

Article 2

Annexes I and III to Decision 2002/38/EC are amended in accordance with Annexes II and III, respectively, to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 3 February 2006.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

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(1)OJ L 13, 16.1.2002, p. 21. Directive as amended by the 2003 Act of Accession.

(2)OJ L 16, 18.1.2002, p. 35.

(3)OJ L 179, 7.8.1972, p. 1.

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ANNEX I

                     ‘ANNEX

SPECIES SURVEYED IN THE VARIOUS MEMBER STATES

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(*1)  Surveys are not conducted for: age of trees, density of plantation, variety of fruit.’         

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ANNEX II

Amendments to Annex I to Decision 2002/38/EC

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ANNEX III

New varieties to be added to Annex III to Decision 2002/38/EC

Codes per species and variety to be applied when transmitting to the Commission the results of the statistical surveys on the plantations of certain species of fruit trees

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            COMMISSION DECISION         

of 7 February 2006         

amending Decision 2003/329/EC as regards the extension of the transitional measures on the heat treatment process for manure

(notified under document number C(2006) 263)

(Only the French, Dutch, Finnish and Swedish texts are authentic)

(Text with EEA relevance)

(2006/129/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Article 32(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/329/EC is amended as follows:

In Article 1, Article 3(2) and Article 5, the date ‘               31 December 2005               ’ is replaced by ‘               31 December 2006               ’.

Article 2

This Decision is addressed to the Kingdom of Belgium, the French Republic, the Kingdom of the Netherlands and the Republic of Finland.

Done at Brussels, 7 February 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

(2)OJ L 117, 13.5.2003, p. 51. Decision as amended by Decision 2005/14/EC (OJ L 7, 11.1.2005, p. 5).

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