# Official Journal L 17/21 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 17 |
| | |
| English edition | Legislation | Volume 4921 January 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 17

English edition

Legislation

Volume 4921 January 2006

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| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 101/2006 of 20 January 2006 amending Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending definitive anti-dumping and countervailing duties on imports of polyethylene terephthalate (PET) film originating in India, to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not | 1 |
| | | Commission Regulation (EC) No 102/2006 of 20 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 4 |
| | * | Commission Regulation (EC) No 103/2006 of 20 January 2006 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals | 6 |
| | | Commission Regulation (EC) No 104/2006 of 20 January 2006 on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia | 9 |
| | | Commission Regulation (EC) No 105/2006 of 20 January 2006 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year | 11 |
| | | Commission Regulation (EC) No 106/2006 of 20 January 2006 determining the world market price for unginned cotton | 13 |
| | | Commission Regulation (EC) No 107/2006 of 20 January 2006 on the issue of import licences for certain preserved mushrooms for applications for the period 1 January to 31 December 2006 | 14 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 101/2006 of 20 January 2006 amending Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending definitive anti-dumping and countervailing duties on imports of polyethylene terephthalate (PET) film originating in India, to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

1

Commission Regulation (EC) No 102/2006 of 20 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

4

*

Commission Regulation (EC) No 103/2006 of 20 January 2006 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals

6

Commission Regulation (EC) No 104/2006 of 20 January 2006 on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

9

Commission Regulation (EC) No 105/2006 of 20 January 2006 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

11

Commission Regulation (EC) No 106/2006 of 20 January 2006 determining the world market price for unginned cotton

13

Commission Regulation (EC) No 107/2006 of 20 January 2006 on the issue of import licences for certain preserved mushrooms for applications for the period 1 January to 31 December 2006

14

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 20 January 2006 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Regulation (EC) No 88/97
  (notified under document number C(2006) 54) | 16 |
| | * | Commission Decision of 20 January 2006 amending Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania
  (notified under document number C(2006) 61)

   (
  1
  ) | 27 |
| | * | Commission Decision of 20 January 2006 amending for the second time Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania
  (notified under document number C(2006) 62)

   (
  1
  ) | 30 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 20 January 2006 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Regulation (EC) No 88/97
  (notified under document number C(2006) 54)

(notified under document number C(2006) 54)

16

*

Commission Decision of 20 January 2006 amending Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania
  (notified under document number C(2006) 61)

   (
  1
  )

(notified under document number C(2006) 61)

1

27

*

Commission Decision of 20 January 2006 amending for the second time Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania
  (notified under document number C(2006) 62)

   (
  1
  )

(notified under document number C(2006) 62)

1

30

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 21.1.2006 | EN | Official Journal of the European Union | L 17/1 |
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21.1.2006

EN

Official Journal of the European Union

L 17/1

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COUNCIL REGULATION (EC) No 101/2006

of 20 January 2006

amending Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending definitive anti-dumping and countervailing duties on imports of polyethylene terephthalate (PET) film originating in India, to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic anti-dumping Regulation’), and in particular Articles 11(4) and 13(4) thereof, and to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic anti-subsidy Regulation’) and in particular Articles 20 and 23(3) thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   MEASURES IN FORCE

| (1) | The Council, by Regulations (EC) No 1676/2001 (3) and (EC) No 2597/1999 (4) imposed anti-dumping and countervailing measures respectively on polyethylene terephthalate (‘PET’) film originating, inter alia, in India. |
| --- | --- |

(1)

The Council, by Regulations (EC) No 1676/2001 (3) and (EC) No 2597/1999 (4) imposed anti-dumping and countervailing measures respectively on polyethylene terephthalate (‘PET’) film originating, inter alia, in India.

3

4

inter alia

| (2) | By Regulations (EC) No 1975/2004 (5) and (EC) No 1976/2004 (6), the Council extended these measures to PET film consigned from Israel and from Brazil (‘the extended measures’) with the exception of imports produced by one Brazilian company, Terphane Ltda, and one Israeli company, Jolybar Ltd, specifically mentioned in each of those regulations. |
| --- | --- |

(2)

By Regulations (EC) No 1975/2004 (5) and (EC) No 1976/2004 (6), the Council extended these measures to PET film consigned from Israel and from Brazil (‘the extended measures’) with the exception of imports produced by one Brazilian company, Terphane Ltda, and one Israeli company, Jolybar Ltd, specifically mentioned in each of those regulations.

5

6

| (3) | On 10 December 2004 (7), the Commission initiated an expiry review of the definitive countervailing measures on the basis of Article 18 of the basic anti-subsidy (see 1st recital) Regulation. The repeal or continuation of the extended measures will depend on the findings of that investigation. |
| --- | --- |

(3)

On 10 December 2004 (7), the Commission initiated an expiry review of the definitive countervailing measures on the basis of Article 18 of the basic anti-subsidy (see 1st recital) Regulation. The repeal or continuation of the extended measures will depend on the findings of that investigation.

7

B.   CURRENT INVESTIGATION

1.   Request for a review

| (4) | The Commission subsequently received a request for an exemption from the extended measures pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Articles 20 and 23(3) of the basic anti-subsidy Regulation. The application was lodged by Hanita Coatings Rural Cooperative Association Ltd, Kibbutz Hanita, 22885, Israel (‘Hanita’), a producer in Israel (‘the country concerned’). |
| --- | --- |

(4)

The Commission subsequently received a request for an exemption from the extended measures pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Articles 20 and 23(3) of the basic anti-subsidy Regulation. The application was lodged by Hanita Coatings Rural Cooperative Association Ltd, Kibbutz Hanita, 22885, Israel (‘Hanita’), a producer in Israel (‘the country concerned’).

2.   Initiation of a review

| (5) | The Commission examined the evidence submitted by Hanita and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Articles 20 and 23(3) of the basic anti-subsidy Regulation for the purposes of determining the possibility of granting Hanita an exemption from the extended measures. After consultation of the Advisory Committee, and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1370/2005 (8), a review of Regulations (EC) No 1975/2004 and (EC) No 1976/2004 with regard to Hanita. |
| --- | --- |

(5)

The Commission examined the evidence submitted by Hanita and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Articles 20 and 23(3) of the basic anti-subsidy Regulation for the purposes of determining the possibility of granting Hanita an exemption from the extended measures. After consultation of the Advisory Committee, and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1370/2005 (8), a review of Regulations (EC) No 1975/2004 and (EC) No 1976/2004 with regard to Hanita.

8

| (6) | The Regulation initiating the review repealed the anti-dumping duty imposed by Regulation (EC) No 1975/2004 with regard to imports of the product under investigation consigned from Israel by Hanita. Simultaneously, pursuant to Article 14(5) of the basic anti-dumping Regulation, customs authorities were directed to take appropriate steps to register such imports. |
| --- | --- |

(6)

The Regulation initiating the review repealed the anti-dumping duty imposed by Regulation (EC) No 1975/2004 with regard to imports of the product under investigation consigned from Israel by Hanita. Simultaneously, pursuant to Article 14(5) of the basic anti-dumping Regulation, customs authorities were directed to take appropriate steps to register such imports.

3.   Product concerned

| (7) | The product concerned is, as defined in the original investigation, polyethylene terephthalate (PET) film originating in India, normally declared under CN codes ex 3920 62 19 and ex 3920 62 90 (‘the product concerned’). |
| --- | --- |

(7)

The product concerned is, as defined in the original investigation, polyethylene terephthalate (PET) film originating in India, normally declared under CN codes ex 3920 62 19 and ex 3920 62 90 (‘the product concerned’).

| (8) | It is considered that the product concerned and PET film consigned from Israel to the Community under CN codes ex 3920 62 19 and ex 3920 62 90 (‘the product under review’) have the same basic technical, physical and chemical characteristics and the same uses. Therefore, they are considered as like products within the meaning of Article 1(4) of the basic anti-dumping Regulation and Article 1(5) of the basic anti-subsidy Regulation. |
| --- | --- |

(8)

It is considered that the product concerned and PET film consigned from Israel to the Community under CN codes ex 3920 62 19 and ex 3920 62 90 (‘the product under review’) have the same basic technical, physical and chemical characteristics and the same uses. Therefore, they are considered as like products within the meaning of Article 1(4) of the basic anti-dumping Regulation and Article 1(5) of the basic anti-subsidy Regulation.

4.   Investigation

| (9) | The Commission officially advised Hanita and the representatives of the country concerned of the initiation of the review. Interested parties were invited to make their views known and informed of the possibility to request a hearing. No such request was, however, received. |
| --- | --- |

(9)

The Commission officially advised Hanita and the representatives of the country concerned of the initiation of the review. Interested parties were invited to make their views known and informed of the possibility to request a hearing. No such request was, however, received.

| (10) | The Commission also sent out a questionnaire to Hanita and received a satisfactory reply within the relevant deadline. The Commission sought and verified all the information deemed necessary for the purposes of the review. A verification visit was carried out at Hanita’s premises. |
| --- | --- |

(10)

The Commission also sent out a questionnaire to Hanita and received a satisfactory reply within the relevant deadline. The Commission sought and verified all the information deemed necessary for the purposes of the review. A verification visit was carried out at Hanita’s premises.

5.   Investigation period

| (11) | The investigation covered the period from 1 January 2004 to 30 June 2005 (‘the IP’). Data was collected from 2001 up to the end of the IP to investigate any change in the pattern of trade. |
| --- | --- |

(11)

The investigation covered the period from 1 January 2004 to 30 June 2005 (‘the IP’). Data was collected from 2001 up to the end of the IP to investigate any change in the pattern of trade.

C.   RESULTS OF THE INVESTIGATION

| (12) | The investigation confirmed that Hanita did not export the product under review to the Community during the investigation period of the investigation that led to the extended measures, i.e. 1 January to 31 December 2003. Hanita's first exports of the product under review occurred subsequent to the extension of measures. |
| --- | --- |

(12)

The investigation confirmed that Hanita did not export the product under review to the Community during the investigation period of the investigation that led to the extended measures, i.e. 1 January to 31 December 2003. Hanita's first exports of the product under review occurred subsequent to the extension of measures.

| (13) | Furthermore, according to documentary evidence submitted, Hanita was able to satisfactorily demonstrate that it did not have any direct or indirect links with any of the Indian exporting producers or Israeli companies subject to the anti-dumping and countervailing measures in force. |
| --- | --- |

(13)

Furthermore, according to documentary evidence submitted, Hanita was able to satisfactorily demonstrate that it did not have any direct or indirect links with any of the Indian exporting producers or Israeli companies subject to the anti-dumping and countervailing measures in force.

| (14) | As already mentioned at recital (12), Hanita's exports to the Community of the product under review first occurred after the extension of measures. Hanita converts and slits purchased PET film and produces a range of products, some of which fall under the same CN codes as the product concerned. The PET film processed by Hanita and exported to the Community does not use any inputs from India. It is therefore concluded that this is not a practice constituting circumvention. |
| --- | --- |

(14)

As already mentioned at recital (12), Hanita's exports to the Community of the product under review first occurred after the extension of measures. Hanita converts and slits purchased PET film and produces a range of products, some of which fall under the same CN codes as the product concerned. The PET film processed by Hanita and exported to the Community does not use any inputs from India. It is therefore concluded that this is not a practice constituting circumvention.

D.   AMENDMENT OF THE MEASURES BEING REVIEWED

| (15) | In accordance with the above findings that Hanita was found not to have circumvented the measures in force, the company should be exempted from the extended measures. |
| --- | --- |

(15)

In accordance with the above findings that Hanita was found not to have circumvented the measures in force, the company should be exempted from the extended measures.

| (16) | The registration of imports of PET film consigned from Israel by Hanita, as imposed by the initiating Regulation, should cease. In accordance with Article 14(5) of the basic anti-dumping Regulation, which provides that measures shall be applied against registered imports from the date of registration, no anti-dumping duty should be collected on imports of PET film consigned from Israel by Hanita which entered the Community under registration imposed by the initiating Regulation. |
| --- | --- |

(16)

The registration of imports of PET film consigned from Israel by Hanita, as imposed by the initiating Regulation, should cease. In accordance with Article 14(5) of the basic anti-dumping Regulation, which provides that measures shall be applied against registered imports from the date of registration, no anti-dumping duty should be collected on imports of PET film consigned from Israel by Hanita which entered the Community under registration imposed by the initiating Regulation.

| (17) | The exemption from the extended measures granted to PET film produced by Hanita shall, in accordance with Article 13(4) of the basic anti-dumping Regulation and Article 23(3) of the basic anti-subsidy Regulation, remain valid under the requirement that it is not established that the exemption was granted on the basis of false or misleading information submitted by the company concerned. Should prima facie evidence indicate otherwise, an investigation may be initiated by the Commission to establish if withdrawal of the exemption is warranted. |
| --- | --- |

(17)

The exemption from the extended measures granted to PET film produced by Hanita shall, in accordance with Article 13(4) of the basic anti-dumping Regulation and Article 23(3) of the basic anti-subsidy Regulation, remain valid under the requirement that it is not established that the exemption was granted on the basis of false or misleading information submitted by the company concerned. Should prima facie evidence indicate otherwise, an investigation may be initiated by the Commission to establish if withdrawal of the exemption is warranted.

prima facie

| (18) | The exemption from the extended measures of imports of PET film from Hanita was established on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of PET film consigned from Israel and produced by that specific legal entity. Imported PET film produced or consigned by any company not specifically mentioned in Article 1(1) of Regulations (EC) No 1975/2004 and (EC) No 1976/2004 with its name and address, including entities related to those specifically mentioned, cannot benefit from the exemption and should be subject to the residual duty rate as imposed by Regulations (EC) No 1676/2001 and (EC) No 2597/1999. |
| --- | --- |

(18)

The exemption from the extended measures of imports of PET film from Hanita was established on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of PET film consigned from Israel and produced by that specific legal entity. Imported PET film produced or consigned by any company not specifically mentioned in Article 1(1) of Regulations (EC) No 1975/2004 and (EC) No 1976/2004 with its name and address, including entities related to those specifically mentioned, cannot benefit from the exemption and should be subject to the residual duty rate as imposed by Regulations (EC) No 1676/2001 and (EC) No 2597/1999.

E.   PROCEDURE

| (19) | Hanita and all other interested parties were informed of the facts and considerations on the basis of which it was intended to grant an exemption to Hanita from the extended measures and no comments were received, |
| --- | --- |

(19)

Hanita and all other interested parties were informed of the facts and considerations on the basis of which it was intended to grant an exemption to Hanita from the extended measures and no comments were received,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Article 1(1) of Regulation (EC) No 1975/2004 shall be replaced by the following:

‘1.   The definitive anti-dumping duty of 53,3 % imposed by Regulation (EC) No 1676/2001 on imports of polyethylene terephthalate film originating in India, falling within CN codes ex 3920 62 19 and ex 3920 62 90, is hereby extended to imports of the same polyethylene terephthalate film consigned from Brazil and consigned from Israel (whether declared as originating in Brazil or Israel or not) (TARIC codes 3920621901, 3920621904, 3920621907, 3920621911, 3920621914, 3920621917, 3920621921, 3920621924, 3920621927, 3920621931, 3920621934, 3920621937, 3920621941, 3920621944, 3920621947, 3920621951, 3920621954, 3920621957, 3920621961, 3920621967, 3920621974, 3920621992, 3920629031, 3920629092) with the exception of those produced by Terphane Ltda, BR 101, km 101, City of Cabo de Santo Agostinho, State of Pernambuco, Brazil (TARIC additional code A569), by Jolybar Filmtechnic Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim 2000, Natania South, 42504, POB 8380, Israel (TARIC additional code A570) and by Hanita Coatings Rural Cooperative Association Ltd, Kibbutz Hanita, 22885, Israel (TARIC additional code A691).’

2.   Article 1(1) of Regulation (EC) No 1976/2004 shall be replaced by the following:

‘1.   The definitive countervailing duty of 19,1 % imposed by Regulation (EC) No 2597/1999 on imports of polyethylene terephthalate film originating in India, falling within CN codes ex 3920 62 19 and ex 3920 62 90, is hereby extended to imports of the same polyethylene terephthalate film consigned from Brazil and consigned from Israel (whether declared as originating in Brazil or Israel or not) (TARIC codes 3920621901, 3920621904, 3920621907, 3920621911, 3920621914, 3920621917, 3920621921, 3920621924, 3920621927, 3920621931, 3920621934, 3920621937, 3920621941, 3920621944, 3920621947, 3920621951, 3920621954, 3920621957, 3920621961, 3920621967, 3920621974, 3920621992, 3920629031, 3920629092) with the exception of those produced by Terphane Ltda, BR 101, km 101, City of Cabo de Santo Agostinho, State of Pernambuco, Brazil (TARIC additional code A569), by Jolybar Filmtechnic Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim 2000, Natania South, 42504, POB 8380, Israel (TARIC additional code A570) and by Hanita Coatings Rural Cooperative Association Ltd, Kibbutz Hanita, 22885, Israel (TARIC additional code A691).’

Article 2

The registration of imports of PET film imposed by Article 3 of Regulation (EC) No 1370/2005 shall cease without the collection of anti-dumping duties.

Article 3

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

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

Done at Brussels, 20 January 2006.

For the Council

The President

U. PLASSNIK

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(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004.

2

(3)  
  OJ L 227, 23.8.2001, p. 1.

3

(4)  
  OJ L 316, 10.12.1999, p. 1.

4

(5)  
  OJ L 342, 15.11.2004, p. 1.

5

(6)  
  OJ L 342, 15.11.2004, p. 8.

6

(7)  
  OJ C 306, 10.12.2004, p. 2.

7

(8)  
  OJ L 218, 23.8.2005, p. 3.

8

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| 21.1.2006 | EN | Official Journal of the European Union | L 17/4 |
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21.1.2006

EN

Official Journal of the European Union

L 17/4

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COMMISSION REGULATION (EC) No 102/2006

of 20 January 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:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

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 21 January 2006.

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

Done at Brussels, 20 January 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).

1

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ANNEX

to Commission Regulation of 20 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 99,5 |
| 204 | 72,5 |
| 212 | 95,5 |
| 624 | 115,6 |
| 999 | 95,8 |
| 0707 00 05 | 052 | 137,6 |
| 204 | 101,1 |
| 999 | 119,4 |
| 0709 10 00 | 220 | 88,5 |
| 999 | 88,5 |
| 0709 90 70 | 052 | 144,3 |
| 204 | 139,9 |
| 999 | 142,1 |
| 0805 10 20 | 052 | 46,0 |
| 204 | 61,7 |
| 212 | 61,8 |
| 220 | 50,3 |
| 624 | 58,4 |
| 999 | 55,6 |
| 0805 20 10 | 052 | 74,2 |
| 204 | 75,6 |
| 999 | 74,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 62,6 |
| 204 | 95,6 |
| 400 | 86,0 |
| 464 | 142,9 |
| 624 | 74,0 |
| 662 | 27,9 |
| 999 | 81,5 |
| 0805 50 10 | 052 | 50,2 |
| 220 | 60,5 |
| 999 | 55,4 |
| 0808 10 80 | 400 | 117,5 |
| 404 | 104,8 |
| 512 | 58,4 |
| 720 | 64,2 |
| 999 | 86,2 |
| 0808 20 50 | 400 | 81,6 |
| 720 | 39,1 |
| 999 | 60,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

99,5

204

72,5

212

95,5

624

115,6

999

95,8

0707 00 05

052

137,6

204

101,1

999

119,4

0709 10 00

220

88,5

999

88,5

0709 90 70

052

144,3

204

139,9

999

142,1

0805 10 20

052

46,0

204

61,7

212

61,8

220

50,3

624

58,4

999

55,6

0805 20 10

052

74,2

204

75,6

999

74,9

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

052

62,6

204

95,6

400

86,0

464

142,9

624

74,0

662

27,9

999

81,5

0805 50 10

052

50,2

220

60,5

999

55,4

0808 10 80

400

117,5

404

104,8

512

58,4

720

64,2

999

86,2

0808 20 50

400

81,6

720

39,1

999

60,4

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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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| 21.1.2006 | EN | Official Journal of the European Union | L 17/6 |
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21.1.2006

EN

Official Journal of the European Union

L 17/6

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COMMISSION REGULATION (EC) No 103/2006

of 20 January 2006

adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Regulation (EEC) No 1208/81 of 28 April 1981 determining the Community scale for the classification of carcases of adult bovine animals (2), and in particular the first paragraph of Article 6 thereof,

Whereas:

| (1) | Commission Regulation (EEC) No 2930/81 of 12 October 1981 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals (3) has been substantially amended (4). In the interests of clarity and rationality the said Regulation should be codified. |
| --- | --- |

(1)

Commission Regulation (EEC) No 2930/81 of 12 October 1981 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals (3) has been substantially amended (4). In the interests of clarity and rationality the said Regulation should be codified.

| (2) | In order to ensure the uniform classification of the carcases of adult bovine animals in the Community, it is necessary to make the definitions of classes of conformation and fat cover more precise. |
| --- | --- |

(2)

In order to ensure the uniform classification of the carcases of adult bovine animals in the Community, it is necessary to make the definitions of classes of conformation and fat cover more precise.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

The additional provisions making the definitions of classes of conformation and fat cover more precise as referred to in the first paragraph of Article 6 of Regulation (EEC) No 1208/81 shall be as listed in Annex I to this Regulation.

Article 2

Regulation (EEC) No 2930/81 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 III.

Article 3

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, 20 January 2006.

For the Commission

The President

José Manuel BARROSO

---

(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).

1

(2)  
  OJ No L 123, 7.5.1981, p. 3. Regulation as amended by Regulation (EEC) No 1026/91 (OJ L 106, 26.4.1991, p. 2).

2

(3)  
  OJ L 293, 13.10.1981, p. 6. Regulation as amended by Regulation (EEC) No 2237/91 (OJ L 204, 27.7.1991, p. 11).

3

(4)  See Annex II.

4

---

ANNEX I

1.   CONFORMATION

Development of carcase profiles, and in particular the essential parts (round, back, shoulder)

| Conformation class | Additional provisions |
| --- | --- |
| S
  Superior | Round | : | very highly rounded doublemuscled visibly separated seams |

Conformation class

Additional provisions

S

Superior

Round

:

very highly rounded doublemuscled visibly separated seams

Topside spreads very markedly over the symphysis (symphisis pelvis)

| Back | : | very wide and very thick, up to the shoulder |
| --- | --- | --- |

Back

:

very wide and very thick, up to the shoulder

Rump very rounded

| Shoulder | : | very rounded |
| --- | --- | --- |

Shoulder

:

very rounded

E

Excellent

| Round | : | very rounded |
| --- | --- | --- |

Round

:

very rounded

Topside spreads markedly over the symphysis (symphisis pelvis)

| Back | : | wide and very thick, up to the shoulder |
| --- | --- | --- |

Back

:

wide and very thick, up to the shoulder

Rump very rounded

| Shoulder | : | very rounded |
| --- | --- | --- |

Shoulder

:

very rounded

U

Very good

| Round | : | rounded |
| --- | --- | --- |

Round

:

rounded

Topside spreads over the symphysis (symphisis pelvis)

| Back | : | wide and thick, up to the shoulder |
| --- | --- | --- |

Back

:

wide and thick, up to the shoulder

Rump rounded

| Shoulder | : | rounded |
| --- | --- | --- |

Shoulder

:

rounded

R

Good

| Round | : | well-developed |
| --- | --- | --- |

Round

:

well-developed

Topside and rump are slightly rounded

| Back | : | still thick but less wide at the shoulder |
| --- | --- | --- |

Back

:

still thick but less wide at the shoulder

| Shoulder | : | fairly well-developed |
| --- | --- | --- |

Shoulder

:

fairly well-developed

O

Fair

| Round | : | average development to lacking development |
| --- | --- | --- |

Round

:

average development to lacking development

| Back | : | average thickness to lacking thickness |
| --- | --- | --- |

Back

:

average thickness to lacking thickness

Rump straight profile

| Shoulder | : | average development to almost flat |
| --- | --- | --- |

Shoulder

:

average development to almost flat

P

Poor

| Round | : | poorly developed |
| --- | --- | --- |

Round

:

poorly developed

| Back | : | narrow with bones visible |
| --- | --- | --- |

Back

:

narrow with bones visible

| Shoulder | : | flat with bones visible |
| --- | --- | --- |

Shoulder

:

flat with bones visible

2.   DEGREE OF FAT COVER

Amount of fat on the outside of the carcase and in the thoracic cavity

| Class of fat cover | Additional provisions |
| --- | --- |
| 1
  low | No fat within the thoracic cavity |
| 2
  slight | Within the thoracic cavity the muscle is clearly visible between the ribs |
| 3
  average | Within the thoracic cavity the muscle is still visible between the ribs |
| 4
  high | The seams of fat on the round are prominent. Within the thoracic cavity the muscle between the ribs may be infiltrated with fat |
| 5
  very high | The round is almost completely covered with fat, so that the seams of fat are no longer clearly visible. Within the thoracic cavity the muscle between the ribs is infiltrated with fat |

Class of fat cover

Additional provisions

1

low

No fat within the thoracic cavity

2

slight

Within the thoracic cavity the muscle is clearly visible between the ribs

3

average

Within the thoracic cavity the muscle is still visible between the ribs

4

high

The seams of fat on the round are prominent. Within the thoracic cavity the muscle between the ribs may be infiltrated with fat

5

very high

The round is almost completely covered with fat, so that the seams of fat are no longer clearly visible. Within the thoracic cavity the muscle between the ribs is infiltrated with fat

---

ANNEX II

Repealed Regulation with its successive amendment

| Commission Regulation (EEC) No 2930/81 | (OJ L 293, 13.10.1981, p. 6) |
| --- | --- |
| Commission Regulation (EEC) No 2237/91 | (OJ L 204, 27.7.1991, p. 11) |

Commission Regulation (EEC) No 2930/81

(OJ L 293, 13.10.1981, p. 6)

Commission Regulation (EEC) No 2237/91

(OJ L 204, 27.7.1991, p. 11)

---

ANNEX III

Correlation Table

| Regulation (EEC) No 2930/81 | This Regulation |
| --- | --- |
| Article 1 | Article 1 |
| — | Article 2 |
| Article 2 | Article 3 |
| Annex | Annex I |
| — | Annex II |
| — | Annex III |

Regulation (EEC) No 2930/81

This Regulation

Article 1

Article 1

—

Article 2

Article 2

Article 3

Annex

Annex I

—

Annex II

—

Annex III

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/9 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/9

---

COMMISSION REGULATION (EC) No 104/2006

of 20 January 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

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

Whereas:

| (1) | Article 1 of Regulation (EC) No 2247/2003 provides for the possibility of issuing import licences for beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries. |
| --- | --- |

(1)

Article 1 of Regulation (EC) No 2247/2003 provides for the possibility of issuing import licences for beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries.

| (2) | The applications for import licences submitted between 1 to 10 January 2006, expressed in terms of boned meat, in accordance with Regulation (EC) No 2247/2003, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for. |
| --- | --- |

(2)

The applications for import licences submitted between 1 to 10 January 2006, expressed in terms of boned meat, in accordance with Regulation (EC) No 2247/2003, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for.

| (3) | The quantities in respect of which licences may be applied for from 1 February 2006 should be fixed within the scope of the total quantity of 52 100 t. |
| --- | --- |

(3)

The quantities in respect of which licences may be applied for from 1 February 2006 should be fixed within the scope of the total quantity of 52 100 t.

| (4) | This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4), |
| --- | --- |

(4)

This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4),

HAS ADOPTED THIS REGULATION:

Article 1

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

| | Germany:






  — | 250 t originating in Botswana, |
| --- | --- | --- |

Germany:

—

250 t originating in Botswana,

| — | 250 t originating in Namibia; |
| --- | --- |

—

250 t originating in Namibia;

| | United Kingdom:






  — | 200 t originating in Botswana, |
| --- | --- | --- |

United Kingdom:

—

200 t originating in Botswana,

| — | 200 t originating in Namibia. |
| --- | --- |

—

200 t originating in Namibia.

Article 2

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

| Botswana: | 18 466 t, |
| --- | --- |
| Kenya: | 142 t, |
| Madagascar: | 7 579 t, |
| Swaziland: | 3 363 t, |
| Zimbabwe: | 9 100 t, |
| Namibia: | 12 550 t. |

Botswana:

18 466 t,

Kenya:

142 t,

Madagascar:

7 579 t,

Swaziland:

3 363 t,

Zimbabwe:

9 100 t,

Namibia:

12 550 t.

Article 3

This Regulation shall enter into force on 21 January 2006.

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

Done at Brussels, 20 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

1

(2)  
  OJ L 348, 21.12.2002, p. 5.

2

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

3

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

4

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/11 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/11

---

COMMISSION REGULATION (EC) No 105/2006

of 20 January 2006

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 70/2006 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 70/2006 (4).

| (2) | The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95, |
| --- | --- |

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 January 2006.

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

Done at Brussels, 20 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 141, 24.6.1995, p. 16. Regulation as last amended by Regulation (EC) No 624/98 (OJ L 85, 20.3.1998, p. 5).

2

(3)  
  OJ L 170, 1.7.2005, p. 35.

3

(4)  
  OJ L 11, 17.1.2006, p. 15.

4

---

ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 applicable from 21 January 2006

| (EUR) |
| --- |
| CN code | Representative price per 100 kg of the product concerned | Additional duty per 100 kg of the product concerned |
| 1701 11 10  (1) | 32,98 | 1,39 |
| 1701 11 90  (1) | 32,98 | 5,04 |
| 1701 12 10  (1) | 32,98 | 1,26 |
| 1701 12 90  (1) | 32,98 | 4,71 |
| 1701 91 00  (2) | 31,08 | 9,69 |
| 1701 99 10  (2) | 31,08 | 5,17 |
| 1701 99 90  (2) | 31,08 | 5,17 |
| 1702 90 99  (3) | 0,31 | 0,34 |

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10  (1)

32,98

1,39

1701 11 90  (1)

32,98

5,04

1701 12 10  (1)

32,98

1,26

1701 12 90  (1)

32,98

4,71

1701 91 00  (2)

31,08

9,69

1701 99 10  (2)

31,08

5,17

1701 99 90  (2)

31,08

5,17

1702 90 99  (3)

0,31

0,34

---

(1)  Fixed for the standard quality defined in Annex I.II to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(2)  Fixed for the standard quality defined in Annex I.I to Regulation (EC) No 1260/2001.

(3)  Fixed per 1 % sucrose content.

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/13 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/13

---

COMMISSION REGULATION (EC) No 106/2006

of 20 January 2006

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

| (1) | In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined. |
| --- | --- |

(1)

In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.

| (2) | In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001. |
| --- | --- |

(2)

In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.

| (3) | The application of the above criteria gives the world market price for unginned cotton determined hereinafter, |
| --- | --- |

(3)

The application of the above criteria gives the world market price for unginned cotton determined hereinafter,

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 22,345 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 January 2006.

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

Done at Brussels, 20 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 148, 1.6.2001, p. 1.

1

(2)  
  OJ L 148, 1.6.2001, p. 3.

2

(3)  
  OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

3

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/14 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/14

---

COMMISSION REGULATION (EC) No 107/2006

of 20 January 2006

on the issue of import licences for certain preserved mushrooms for applications for the period 1 January to 31 December 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1),

Having regard to Commission Regulation (EC) No 1864/2004 of 26 October 2004 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries (2), and in particular Article 10(2) thereof,

Whereas:

| (1) | The quantities for which licence applications have been lodged by traditional importers and/or by new importers between 2 and 6 January 2006 pursuant to Article 8(1) and (2) of Regulation (EC) No 1864/2004, exceed the quantities available for products originating in China. |
| --- | --- |

(1)

The quantities for which licence applications have been lodged by traditional importers and/or by new importers between 2 and 6 January 2006 pursuant to Article 8(1) and (2) of Regulation (EC) No 1864/2004, exceed the quantities available for products originating in China.

| (2) | It is therefore necessary to establish the extent to which the licence applications sent to the Commission on 16 January 2006 can be met and to fix, for each category of importer and product origin, the dates until which the issue of certificates must be suspended, |
| --- | --- |

(2)

It is therefore necessary to establish the extent to which the licence applications sent to the Commission on 16 January 2006 can be met and to fix, for each category of importer and product origin, the dates until which the issue of certificates must be suspended,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences lodged under Article 4 of Regulation (EC) No 1864/2004 between 2 and 6 January 2006 and sent to the Commission on 16 January 2006 shall be met at a percentage rate of the quantities applied for as set out in Annex I hereto.

Article 2

For each category of importer and origin involved, applications for import licences under Article 4 of Regulation (EC) No 1864/2004 for the period 1 January to 31 December 2006, lodged after 6 January 2006 but before the date in Annex II hereto, shall be rejected.

Article 3

This Regulation shall enter into force on 21 January 2006.

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

Done at Brussels, 20 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

1

(2)  
  OJ L 325, 28.10.2004, p. 30.

2

---

ANNEX I

| Origin of products | Percentage allocations |
| --- | --- |
| Bulgaria | Romania | China | Third countries other than Bulgaria, Romania and China |
| — | traditional importers (Article 3(1) of Regulation (EC) No 1864/2004) |

Origin of products

Percentage allocations

Bulgaria

Romania

China

Third countries other than Bulgaria, Romania and China

—

traditional importers (Article 3(1) of Regulation (EC) No 1864/2004)

100  %

—

42,84  %

100  %

| — | new importers (Article 3(2) of Regulation (EC) No 1864/2004) |
| --- | --- |

—

new importers (Article 3(2) of Regulation (EC) No 1864/2004)

7,09  %

—

| ‘—’ | : | No licence application has been sent to the Commission. |
| --- | --- | --- |

‘—’

:

No licence application has been sent to the Commission.

---

ANNEX II

| Origin of products | Dates |
| --- | --- |
| Bulgaria | Romania | China | Third countries other than Bulgaria, Romania and China |
| — | traditional importers (Article 3(1) of Regulation (EC) No 1864/2004) |

Origin of products

Dates

Bulgaria

Romania

China

Third countries other than Bulgaria, Romania and China

—

traditional importers (Article 3(1) of Regulation (EC) No 1864/2004)

1.1.2007

1.1.2007

1.1.2007

1.1.2007

| — | new importers (Article 3(2) of Regulation (EC) No 1864/2004) |
| --- | --- |

—

new importers (Article 3(2) of Regulation (EC) No 1864/2004)

1.1.2007

1.1.2007

---

II Acts whose publication is not obligatory

Commission

| 21.1.2006 | EN | Official Journal of the European Union | L 17/16 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/16

---

COMMISSION DECISION

of 20 January 2006

granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Regulation (EC) No 88/97

(notified under document number C(2006) 54)

(2006/22/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation),

Having regard to Council Regulation (EC) No 71/97 (2) of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (the extending Regulation), maintained by Regulation (EC) No 1524/2000 (3) and amended by Regulation (EC) No 1095/2005 (4),

Having regard to Commission Regulation (EC) No 88/97 (5) of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (the exemption Regulation), maintained by Regulation (EC) No 1524/2000 and amended by Regulation (EC) No 1095/2005, and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

| (1) | After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty, as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the extended anti-dumping duty). The Commission has published, in the Official Journal, successive lists of applicants (6) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation. |
| --- | --- |

(1)

After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty, as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the extended anti-dumping duty). The Commission has published, in the Official Journal, successive lists of applicants (6) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation.

| (2) | Following the last publication of the list of parties under examination (7), a period of examination has been selected. This period was defined as from 1 January 2004 to 31 December 2004 for parties located in the 15 Member States prior to enlargement of the European Union on 1 May 2004, and from 1 May 2004 to 31 December 2004 for parties located in the new Member States. A questionnaire was sent to all parties under examination, requesting information on the assembly operations conducted during the relevant period of examination. |
| --- | --- |

(2)

Following the last publication of the list of parties under examination (7), a period of examination has been selected. This period was defined as from 1 January 2004 to 31 December 2004 for parties located in the 15 Member States prior to enlargement of the European Union on 1 May 2004, and from 1 May 2004 to 31 December 2004 for parties located in the new Member States. A questionnaire was sent to all parties under examination, requesting information on the assembly operations conducted during the relevant period of examination.

A.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED

A.1.   Acceptable requests for exemption

| (3) | The Commission received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. The information provided was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.
  Table 1








  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| 4EVER s.r.o. | 2. května 267, CZ-742 13 Studénka | Czech Republic | A558 |
| Accell Hunland Kft. | Parkoló tér 1., H-1059 Tószeg | Hungary | A534 |
| AMP Welding, s.r.o. | Orlové 165, SK-01701 Považská Bystrica | Slovak Republic | A572 |
| Bike Fun International s.r.o. | Štefánikova 1163, CZ-742 21 Kopřivnice | Czech Republic | A536 |
| BPS Bicycle Industrial s.r.o. | Šumavská 779/2, CZ-787 01 Šumperk | Czech Republic | A537 |
| CAPRI-Ne Kft. | Kiskút útja 1., H-8000 Székesfehérvár | Hungary | A562 |
| Ciclo Meccanica Srl | Via delle Industrie 14 I-20050 Sulbiate (MI) | Italy | A170 |
| EURO.T POLSKA Sp. z o.o. | ul. Drogowców 12, PL-42-200 Częstochowa | Poland | A549 |
| Eurobik, s.r.o. | Bardejovská 36, SK-080 06 Prešov | Slovak Republic | A575 |
| EXPLORER group s.r.o. | CZ-742 67 Ženklava 167 | Czech Republic | A563 |
| Falter Bike GmbH & Co. KG | Bunzlauer Straße 15, D-33719 Bielefeld | Germany | A125 |
| FHMM Sp. z o.o. | ul. Ciecholowicka 29, 55-120 Oborniki Śląskie | Poland | A548 |
| IB Sp. z o.o. | Zakład Pracy Chronionej, ul. Miłośników Podhala 1, PL-34-425 Biały Dunajec | Poland | A539 |
| IDEAL EUROPE Sp. z o.o. | ul. Metalowa 11, PL-99-300 Kutno | Poland | A540 |
| Jan Zasada Biuro Ekonomiczno-Handlowe | ul. Fabryczna 6, PL-98-300 Wieluń | Poland | A542 |
| Jozef Kender-Kenzel | Imeľ č. 830, SK-946 52 Imeľ | Slovak Republic | A557 |
| KROSS S.A. | ul. Leszno 46, PL-06-300 Przasnysz | Poland | A543 |
| Mama spol. s.r.o. | Krajinská 1, SK-921 01 Piešťany | Slovak Republic | A551 |
| Master Bike, s.r.o. | Sadová 2, CZ-789 01 Zábřeh na Moravě | Czech Republic | A552 |
| N.V. Race Productions | Ambachtstraat 19, B-3980 Tessenderlo | Belgium | A576 |
| Neuzer Kerékpár Kereskedelmi és Szolgáltató Kft. | Eötvös u. 48., H-2500 Esztergom | Hungary | A545 |
| Novus Bike s.r.o. | Hlavní 266, CZ-747 81 Otice | Czech Republic | A553 |
| Olimpia Kerékpár Kft. | Ostorhegy u. 4., H-1164 Budapest | Hungary | A554 |
| Przedsiębiorstwo Handlowo Produkcyjne UNIBIKE Jerzy Orłowski, Piotr Drobotowski Sp. Jawna | ul. Przemysłowa 28B, PL-85-758 Bydgoszcz | Poland | A556 |
| Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt. | Gyepsor u. 1., H-1211 Budapest | Hungary | A555 |
| Sprick Rowery Sp. z o.o. | ul. Świerczewskiego 76, PL-66-200 Świebodzin | Poland | A571 |
| Trade-Stomil Sp. z o.o. | ul. 6 Sierpnia 74, PL-90-646 Łódź | Poland | A574 |
| UAB Baltik Vairas | Pramonės g. 3, LT-78138 Šiauliai | Lithuania | A547 |
| Zweirad Paulsen | Hauptstraße 80, D-49635 Badbergen | Germany | A566 |

(3)

The Commission received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. The information provided was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.

Table 1

Name

Address

Country

TARIC additional code

4EVER s.r.o.

2. května 267, CZ-742 13 Studénka

Czech Republic

A558

Accell Hunland Kft.

Parkoló tér 1., H-1059 Tószeg

Hungary

A534

AMP Welding, s.r.o.

Orlové 165, SK-01701 Považská Bystrica

Slovak Republic

A572

Bike Fun International s.r.o.

Štefánikova 1163, CZ-742 21 Kopřivnice

Czech Republic

A536

BPS Bicycle Industrial s.r.o.

Šumavská 779/2, CZ-787 01 Šumperk

Czech Republic

A537

CAPRI-Ne Kft.

Kiskút útja 1., H-8000 Székesfehérvár

Hungary

A562

Ciclo Meccanica Srl

Via delle Industrie 14 I-20050 Sulbiate (MI)

Italy

A170

EURO.T POLSKA Sp. z o.o.

ul. Drogowców 12, PL-42-200 Częstochowa

Poland

A549

Eurobik, s.r.o.

Bardejovská 36, SK-080 06 Prešov

Slovak Republic

A575

EXPLORER group s.r.o.

CZ-742 67 Ženklava 167

Czech Republic

A563

Falter Bike GmbH & Co. KG

Bunzlauer Straße 15, D-33719 Bielefeld

Germany

A125

FHMM Sp. z o.o.

ul. Ciecholowicka 29, 55-120 Oborniki Śląskie

Poland

A548

IB Sp. z o.o.

Zakład Pracy Chronionej, ul. Miłośników Podhala 1, PL-34-425 Biały Dunajec

Poland

A539

IDEAL EUROPE Sp. z o.o.

ul. Metalowa 11, PL-99-300 Kutno

Poland

A540

Jan Zasada Biuro Ekonomiczno-Handlowe

ul. Fabryczna 6, PL-98-300 Wieluń

Poland

A542

Jozef Kender-Kenzel

Imeľ č. 830, SK-946 52 Imeľ

Slovak Republic

A557

KROSS S.A.

ul. Leszno 46, PL-06-300 Przasnysz

Poland

A543

Mama spol. s.r.o.

Krajinská 1, SK-921 01 Piešťany

Slovak Republic

A551

Master Bike, s.r.o.

Sadová 2, CZ-789 01 Zábřeh na Moravě

Czech Republic

A552

N.V. Race Productions

Ambachtstraat 19, B-3980 Tessenderlo

Belgium

A576

Neuzer Kerékpár Kereskedelmi és Szolgáltató Kft.

Eötvös u. 48., H-2500 Esztergom

Hungary

A545

Novus Bike s.r.o.

Hlavní 266, CZ-747 81 Otice

Czech Republic

A553

Olimpia Kerékpár Kft.

Ostorhegy u. 4., H-1164 Budapest

Hungary

A554

Przedsiębiorstwo Handlowo Produkcyjne UNIBIKE Jerzy Orłowski, Piotr Drobotowski Sp. Jawna

ul. Przemysłowa 28B, PL-85-758 Bydgoszcz

Poland

A556

Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt.

Gyepsor u. 1., H-1211 Budapest

Hungary

A555

Sprick Rowery Sp. z o.o.

ul. Świerczewskiego 76, PL-66-200 Świebodzin

Poland

A571

Trade-Stomil Sp. z o.o.

ul. 6 Sierpnia 74, PL-90-646 Łódź

Poland

A574

UAB Baltik Vairas

Pramonės g. 3, LT-78138 Šiauliai

Lithuania

A547

Zweirad Paulsen

Hauptstraße 80, D-49635 Badbergen

Germany

A566

| (4) | The facts as finally ascertained by the Commission show that for all these applicants’ bicycle assembly operations, the value of the parts originating in the People’s Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regulation. |
| --- | --- |

(4)

The facts as finally ascertained by the Commission show that for all these applicants’ bicycle assembly operations, the value of the parts originating in the People’s Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regulation.

| (5) | For the above reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempt from the extended anti-dumping duty. |
| --- | --- |

(5)

For the above reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempt from the extended anti-dumping duty.

| (6) | In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption. |
| --- | --- |

(6)

In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption.

| (7) | It is to be noted that the following five parties listed in table 1 informed the Commission services of a change in their name and/or in their legal seat, or transfer of economic activity, during the examination period:






  — | ‘
  AB Baltik Vairas, Tilžės g. 74, 5410 Šiauliai, Lithuania
  ’, changed its name and transferred its legal seat to ‘
  UAB Baltik Vairas, Pramonės g. 3, 78138, Lithuania
  ’; |
| --- | --- | --- |

(7)

It is to be noted that the following five parties listed in table 1 informed the Commission services of a change in their name and/or in their legal seat, or transfer of economic activity, during the examination period:

—

‘
  AB Baltik Vairas, Tilžės g. 74, 5410 Šiauliai, Lithuania
  ’, changed its name and transferred its legal seat to ‘
  UAB Baltik Vairas, Pramonės g. 3, 78138, Lithuania
  ’;

| — | ‘
  EXPLORER Bike s.r.o., Štefánikova 1163, 742 21 Kopřivnice, Czech Republic
  ’, changed its name and transferred its legal seat to ‘
  EXPLORER Group s.r.o., Ženklava 167, 742 67 Ženklava, Czech Republic
  ’; |
| --- | --- |

—

‘
  EXPLORER Bike s.r.o., Štefánikova 1163, 742 21 Kopřivnice, Czech Republic
  ’, changed its name and transferred its legal seat to ‘
  EXPLORER Group s.r.o., Ženklava 167, 742 67 Ženklava, Czech Republic
  ’;

| — | ‘
  Firma Handlowa Marta Majcher, ul. Małomicka 48/1, 59-300 Lubin, Poland
  ’, transferred its economic activity to ‘
  FHMM Sp. z o.o., ul. Ciechelowicka 29, 55-120 Oborniki Śląskie, Poland
  ’; |
| --- | --- |

—

‘
  Firma Handlowa Marta Majcher, ul. Małomicka 48/1, 59-300 Lubin, Poland
  ’, transferred its economic activity to ‘
  FHMM Sp. z o.o., ul. Ciechelowicka 29, 55-120 Oborniki Śląskie, Poland
  ’;

| — | ‘
  KROSS Sp. z o.o., Ul. Leszno 46, 06-300 Przasnysz, Poland
  ’, changed its name into ‘
  KROSS S.A., Ul. Leszno 46, 06-300 Przasnysz, Poland
  ’; |
| --- | --- |

—

‘
  KROSS Sp. z o.o., Ul. Leszno 46, 06-300 Przasnysz, Poland
  ’, changed its name into ‘
  KROSS S.A., Ul. Leszno 46, 06-300 Przasnysz, Poland
  ’;

| — | ‘
  Master Bike, s.r.o., Písařov 86, 789 91 Písařov, Czech Republic
  ’, transferred its legal seat to ‘
  Sadová 2, 789 01 Zábřeh na Moravě, Czech Republic
  ’. |
| --- | --- |

—

‘
  Master Bike, s.r.o., Písařov 86, 789 91 Písařov, Czech Republic
  ’, transferred its legal seat to ‘
  Sadová 2, 789 01 Zábřeh na Moravě, Czech Republic
  ’.

| (8) | It has been established that these changes in the name and/or legal seat and transfer of economic activity did not affect the assembly operations with regard to the stipulations of the exemption Regulation and therefore the Commission does not consider that these changes should affect the exemption from the extended anti-dumping duty. |
| --- | --- |

(8)

It has been established that these changes in the name and/or legal seat and transfer of economic activity did not affect the assembly operations with regard to the stipulations of the exemption Regulation and therefore the Commission does not consider that these changes should affect the exemption from the extended anti-dumping duty.

A.2.   Unacceptable requests for exemption and withdrawals

| (9) | The parties listed in table 2 below also submitted requests for exemption from the extended anti-dumping duty.
  Table 2








  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| Czech Bike, a.s. | Palackého 82, CZ-612 00 Brno | Czech Republic | A560 |
| MEMO cz, s.r.o. | Jungmannova 319, CZ-506 01 Jičín | Czech Republic | A544 |
| Special Bike di Diciolla Francesco | Via dei Mille 50, I-71042 Cerignola (Foggia) | Italy | A533 |
| Winora Staiger GmbH | Max-Planck-Straße 6, D-97526 Sennfeld | Germany | A559 |

(9)

The parties listed in table 2 below also submitted requests for exemption from the extended anti-dumping duty.

Table 2

Name

Address

Country

TARIC additional code

Czech Bike, a.s.

Palackého 82, CZ-612 00 Brno

Czech Republic

A560

MEMO cz, s.r.o.

Jungmannova 319, CZ-506 01 Jičín

Czech Republic

A544

Special Bike di Diciolla Francesco

Via dei Mille 50, I-71042 Cerignola (Foggia)

Italy

A533

Winora Staiger GmbH

Max-Planck-Straße 6, D-97526 Sennfeld

Germany

A559

| (10) | The on-the-spot verifications at the premises of one party revealed that it failed to keep certain specific records and to provide detailed information necessary to the granting of the exemption. In particular, information related to the origin of the bicycle parts used in the assembly operations, as required by Article 6(2) of the exemption Regulation, could not be verified. The party was informed that it was intended to reject its request, and subsequently submitted comments in writing. However, it did not provide any additional verifiable evidence to support its arguments. |
| --- | --- |

(10)

The on-the-spot verifications at the premises of one party revealed that it failed to keep certain specific records and to provide detailed information necessary to the granting of the exemption. In particular, information related to the origin of the bicycle parts used in the assembly operations, as required by Article 6(2) of the exemption Regulation, could not be verified. The party was informed that it was intended to reject its request, and subsequently submitted comments in writing. However, it did not provide any additional verifiable evidence to support its arguments.

| (11) | Another party withdrew its request for exemption and informed the Commission accordingly. |
| --- | --- |

(11)

Another party withdrew its request for exemption and informed the Commission accordingly.

| (12) | Another party failed to submit the requested information required for the examination of its request. For this reason, and in accordance with Article 7(3) of the exemption Regulation, the Commission informed this party that it intended to reject its request for exemption. This party was given an opportunity to comment. No comments were received. |
| --- | --- |

(12)

Another party failed to submit the requested information required for the examination of its request. For this reason, and in accordance with Article 7(3) of the exemption Regulation, the Commission informed this party that it intended to reject its request for exemption. This party was given an opportunity to comment. No comments were received.

| (13) | Another party did not use the bicycle parts for the production or assembly of bicycles during the examination period, which constitutes a breach of the obligations set out in Article 6(2) of the exemption Regulation. The party was informed accordingly and submitted comments in writing. However, since this information related to a period subsequent to the examination period, it could not be taken into account pursuant to Article 6(1) of the basic Regulation. |
| --- | --- |

(13)

Another party did not use the bicycle parts for the production or assembly of bicycles during the examination period, which constitutes a breach of the obligations set out in Article 6(2) of the exemption Regulation. The party was informed accordingly and submitted comments in writing. However, since this information related to a period subsequent to the examination period, it could not be taken into account pursuant to Article 6(1) of the basic Regulation.

| (14) | Since the parties listed in table 2 failed to meet the criteria for exemption set by Article 6(2) of the exemption Regulation, the Commission has to reject their requests for exemption, in accordance with Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty must be collected as from the date of receipt of the requests submitted by these parties. |
| --- | --- |

(14)

Since the parties listed in table 2 failed to meet the criteria for exemption set by Article 6(2) of the exemption Regulation, the Commission has to reject their requests for exemption, in accordance with Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty must be collected as from the date of receipt of the requests submitted by these parties.

A.3.   Requests for exemption requiring further examination

| (15) | The parties listed in table 3 below also submitted requests for exemption from the payment of the extended anti-dumping duty.
  Table 3








  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| ARKUS Sp. z o.o. | Podgrodzie 32c, PL-39-200 Dębica | Poland | A565 |
| Athletic International Sp. z o.o. | ul. Drawska 21, PL-02-202 Warszawa | Poland | A568 |
| BELVE s.r.o. | Palkovičova 5, SK-915 01 Nové Mesto nad Váhom | Slovak Republic | A535 |
| ROG Kolesa, d.d. | Letališka 29, SI-1000 Ljubljana | Slovenia | A538 |
| Fabryka Rowerów Romet-Jastrowie Sp. z o.o. | ul. Naturowicza 14, PL-64-915 Jastrowie | Poland | A564 |
| ISTRO-HGA, spol. s.r.o. | Svätopeterská 14, SK-947 01 Hurbanovo | Slovak Republic | A541 |
| OLPRAN, spol. s.r.o. | Libušina 101, CZ-772 11 Olomouc | Czech Republic | A546 |

(15)

The parties listed in table 3 below also submitted requests for exemption from the payment of the extended anti-dumping duty.

Table 3

Name

Address

Country

TARIC additional code

ARKUS Sp. z o.o.

Podgrodzie 32c, PL-39-200 Dębica

Poland

A565

Athletic International Sp. z o.o.

ul. Drawska 21, PL-02-202 Warszawa

Poland

A568

BELVE s.r.o.

Palkovičova 5, SK-915 01 Nové Mesto nad Váhom

Slovak Republic

A535

ROG Kolesa, d.d.

Letališka 29, SI-1000 Ljubljana

Slovenia

A538

Fabryka Rowerów Romet-Jastrowie Sp. z o.o.

ul. Naturowicza 14, PL-64-915 Jastrowie

Poland

A564

ISTRO-HGA, spol. s.r.o.

Svätopeterská 14, SK-947 01 Hurbanovo

Slovak Republic

A541

OLPRAN, spol. s.r.o.

Libušina 101, CZ-772 11 Olomouc

Czech Republic

A546

| (16) | It is to be noted that ‘ROG Kolesa, d.d., Letališka 29, 1000 Ljubljana, Slovenia’ listed in table 3 informed the Commission services of a change in name from ‘ELAN Bikes, d.d.’ to ‘ROG Kolesa, d.d.’. It has been established that this change in the name did not affect the request for exemption from the extended anti-dumping duty. |
| --- | --- |

(16)

It is to be noted that ‘ROG Kolesa, d.d., Letališka 29, 1000 Ljubljana, Slovenia’ listed in table 3 informed the Commission services of a change in name from ‘ELAN Bikes, d.d.’ to ‘ROG Kolesa, d.d.’. It has been established that this change in the name did not affect the request for exemption from the extended anti-dumping duty.

| (17) | With regard to these requests, it should be noted that, because of particular circumstances relating to the changed corporate structure of some of the companies, it was not possible for the Commission to determine whether the assembly operations of these parties fell outside the scope of Article 13(2) of the basic Regulation for the period of examination. |
| --- | --- |

(17)

With regard to these requests, it should be noted that, because of particular circumstances relating to the changed corporate structure of some of the companies, it was not possible for the Commission to determine whether the assembly operations of these parties fell outside the scope of Article 13(2) of the basic Regulation for the period of examination.

| (18) | As regards one party, the Commission services could not verify the questionnaire data on the spot since the essential accounting documents necessary to the granting of the exemption were kept by the Settlement Senate of the District Court. This Court received the accounting records of this party in the framework of a compulsory settlement plan. |
| --- | --- |

(18)

As regards one party, the Commission services could not verify the questionnaire data on the spot since the essential accounting documents necessary to the granting of the exemption were kept by the Settlement Senate of the District Court. This Court received the accounting records of this party in the framework of a compulsory settlement plan.

| (19) | Two of the parties merged into a new legal entity. Since this event occurred after the submission of the questionnaire response, the Commission was not in a position to verify whether the assembly operations of the new legal entity fell outside the scope of the Article 13(2) of the basic Regulation. |
| --- | --- |

(19)

Two of the parties merged into a new legal entity. Since this event occurred after the submission of the questionnaire response, the Commission was not in a position to verify whether the assembly operations of the new legal entity fell outside the scope of the Article 13(2) of the basic Regulation.

| (20) | Another party has imported parts during the period of examination, but it had only started its assembly operations after the period of examination. |
| --- | --- |

(20)

Another party has imported parts during the period of examination, but it had only started its assembly operations after the period of examination.

| (21) | With regard to the three remaining parties, it was not possible during the verification visit to determine the ratio of the value of the bicycle parts originating in the People’s Republic of China in the total value of the bicycle parts used in the assembly operations for the period of examination since, the parties used a very large number of parts purchased prior to enlargement in their assembly operations. |
| --- | --- |

(21)

With regard to the three remaining parties, it was not possible during the verification visit to determine the ratio of the value of the bicycle parts originating in the People’s Republic of China in the total value of the bicycle parts used in the assembly operations for the period of examination since, the parties used a very large number of parts purchased prior to enlargement in their assembly operations.

| (22) | In light of the above, the parties listed in table 3 should be maintained in the list of parties under examination. The payment of the anti-dumping duty in respect of the imports of essential bicycle parts declared for free circulation by these parties should remain suspended. |
| --- | --- |

(22)

In light of the above, the parties listed in table 3 should be maintained in the list of parties under examination. The payment of the anti-dumping duty in respect of the imports of essential bicycle parts declared for free circulation by these parties should remain suspended.

B.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED

B.1.   Inadmissible requests for exemption

| (23) | The parties listed in table 4 also submitted requests for exemption from the payment of the extended anti-dumping duty:
  Table 4







  Name | Address | Country |
| --- | --- | --- | --- |
| Avex Kft. | Csenterics u. 3., H-2440 Százhalombatta | Hungary |
| Ets Duret | 8, rue de Clémont, F-18410 Argent sur Sauldre | France |
| P.P.H.U. Interbike | ul. Drogowców 12, PL-42-200 Częstochowa | Poland |
| P.P.U.H. POL-FOX | ul. Tenisowa 81, PL-42-200 Częstochowa | Poland |
| Unimex | Domburgseweg 87, 4356 BK Oostkapelle, Nederland | The Netherlands |

(23)

The parties listed in table 4 also submitted requests for exemption from the payment of the extended anti-dumping duty:

Table 4

Name

Address

Country

Avex Kft.

Csenterics u. 3., H-2440 Százhalombatta

Hungary

Ets Duret

8, rue de Clémont, F-18410 Argent sur Sauldre

France

P.P.H.U. Interbike

ul. Drogowców 12, PL-42-200 Częstochowa

Poland

P.P.U.H. POL-FOX

ul. Tenisowa 81, PL-42-200 Częstochowa

Poland

Unimex

Domburgseweg 87, 4356 BK Oostkapelle, Nederland

The Netherlands

| (24) | With regard to these parties, it should be noted that their requests did not meet the admissibility criteria set out in Article 4(1) of the exemption Regulation. |
| --- | --- |

(24)

With regard to these parties, it should be noted that their requests did not meet the admissibility criteria set out in Article 4(1) of the exemption Regulation.

| (25) | Two applicants use essential bicycle parts for the production or assembly of bicycles in quantities below 300 units per type on a monthly basis. |
| --- | --- |

(25)

Two applicants use essential bicycle parts for the production or assembly of bicycles in quantities below 300 units per type on a monthly basis.

| (26) | Three applicants did not provide prima facie evidence that their assembly operations fall outside the scope of Article 13(2) of the basic Regulation, notably the value of the parts originating in the People’s Republic of China, which were used in their assembly operations, was higher than 60 % of the total value of the parts used in these assembly operations. |
| --- | --- |

(26)

Three applicants did not provide prima facie evidence that their assembly operations fall outside the scope of Article 13(2) of the basic Regulation, notably the value of the parts originating in the People’s Republic of China, which were used in their assembly operations, was higher than 60 % of the total value of the parts used in these assembly operations.

prima facie

| (27) | These parties were informed accordingly and were given an opportunity to comment. No comments were received. Accordingly, no suspension was granted to these parties. |
| --- | --- |

(27)

These parties were informed accordingly and were given an opportunity to comment. No comments were received. Accordingly, no suspension was granted to these parties.

B.2.   Admissible requests for exemption for which suspension should be granted

| (28) | Interested parties are hereby informed of the receipt of further requests for exemption, pursuant to Article 3 of the exemption Regulation, from parties listed in table 5. The suspension from the extended duty, following these requests, should take effect as shown in the column headed ‘Date of effect’:
  Table 5










  Name | Address | Country | Suspension pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- | --- |
| A.J. Maias Lda | Estrada Nacional N.o 1, Malaposta, Apart. 27, P-3781-908 Sangalhos | Portugal | Article 5 | 23.2.2005 | A401 |
| Avantisbike — Fabrico de Bicicletas S.A. | Rua do Casarão, P-3750-869 Borralha | Portugal | Article 5 | 10.11.2005 | A726 |
| Bike Mate s.r.o. | Dlhá 248/43, SK-905 01 Senica | Slovak Republic | Article 5 | 8.10.2004 | A589 |
| Bike Sport | Krzemionka 14, PL-62-872 Godziesze | Poland | Article 5 | 3.1.2005 | A593 |
| Cannondale Europe B.V. | Hanzepoort 27, 7575 DB Oldenzaal, Nederland | The Netherlands | Article 5 | 21.6.2005 | A686 |
| Cseke Trade Kft. | Gyepsor u. 1., H-1211 Budapest | Hungary | Article 5 | 21.4.2005 | A685 |
| C-TRADING, s.r.o. | V. Palkovicha 19, SK-946 03 Kolárovo | Slovak Republic | Article 5 | 10.2.2005 | A662 |
| Decathlon Sp. z o.o. | ul. Malborska 53, PL-03-286 Warszawa | Poland | Article 5 | 19.8.2005 | A696 |
| Eurobike Kft. | Zengő utca 58., H-7693 Pécs-Hird | Hungary | Article 5 | 28.1.2005 | A624 |
| Firma Wielobranżowa ART-POL Artur Nowak | ul. Homera 4/20, PL-42-200 Częstochowa | Poland | Article 5 | 22.9.2005 | A697 |
| Hermann Hartje KG | Deichstraße 120—122, D-27318 Hoya/Weser | Germany | Article 5 | 7.11.2005 | A725 |
| Koliken Kft. | Széchenyi u. 103., H-6400 Kiskunhalas | Hungary | Article 5 | 8.11.2004 | A616 |
| Koninklijke Gazelle B.V. | Wilhelminaweg 8, 6951 BP Dieren, Nederland | The Netherlands | Article 5 | 29.6.2005 | 8609 |
| Kynast Bike GmbH | Artlandstraße 55, D-49610 Quakenbrück | Germany | Article 5 | 29.7.2005 | A692 |
| Manufacture de Cycles du Comminges | Z.I. Ouest, F-31800 Saint-Gaudens | France | Article 5 | 29.6.2005 | A690 |
| Maver Sp. z o.o. | ul. Przasnysza 77, 06-200 Maków Mazowiecki | Poland | Article 5 | 19.10.2005 | A728 |
| Maxbike s.r.o. | Svatoplukova 2771, CZ-700 30 Ostrava-Vítkovice | Czech Republic | Article 5 | 3.1.2005 | A664 |
| Muller Sport Bohemia s.r.o. | Okružní 110 Hlincová Hora, CZ-373 71 Rudolfov | Czech Republic | Article 5 | 8.11.2004 | A605 |
| P.W.U.H. Sterna | ul. Lotników 51, PL-73-102 Stargard Szczeciński | Poland | Article 5 | 2.2.2005 | A631 |
| PFIFF Vertriebs GmbH | Wilhelmstraße 58, D-49610 Quakenbrück | Germany | Article 5 | 6.4.2005 | A668 |
| TIESSE Snc di Tosato Virginio & C. | Via Meucci 12, I-35030 Caselle di Selvazzano Dentro (PD) | Italy | Article 5 | 24.10.2005 | A724 |
| TOLIN Przedsiębiorstwo Prywatne Jerzy Topolski | Łęg Witoszyn, PL-87-811 Fabianki | Poland | Article 5 | 10.9.2004 | A586 |
| Victus International Trading S.A. | ul. Naramowicka 150, PL-61-619 Poznań | Poland | Article 5 | 11.10.2004 | A588 |
| Vizija Sport d.o.o. | Tržaska cesta 87b, SI-1370 Logatec | Slovenia | Article 5 | 24.1.2005 | A630 |

(28)

Interested parties are hereby informed of the receipt of further requests for exemption, pursuant to Article 3 of the exemption Regulation, from parties listed in table 5. The suspension from the extended duty, following these requests, should take effect as shown in the column headed ‘Date of effect’:

Table 5

Name

Address

Country

Suspension pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

A.J. Maias Lda

Estrada Nacional N.o 1, Malaposta, Apart. 27, P-3781-908 Sangalhos

o

Portugal

Article 5

23.2.2005

A401

Avantisbike — Fabrico de Bicicletas S.A.

Rua do Casarão, P-3750-869 Borralha

Portugal

Article 5

10.11.2005

A726

Bike Mate s.r.o.

Dlhá 248/43, SK-905 01 Senica

Slovak Republic

Article 5

8.10.2004

A589

Bike Sport

Krzemionka 14, PL-62-872 Godziesze

Poland

Article 5

3.1.2005

A593

Cannondale Europe B.V.

Hanzepoort 27, 7575 DB Oldenzaal, Nederland

The Netherlands

Article 5

21.6.2005

A686

Cseke Trade Kft.

Gyepsor u. 1., H-1211 Budapest

Hungary

Article 5

21.4.2005

A685

C-TRADING, s.r.o.

V. Palkovicha 19, SK-946 03 Kolárovo

Slovak Republic

Article 5

10.2.2005

A662

Decathlon Sp. z o.o.

ul. Malborska 53, PL-03-286 Warszawa

Poland

Article 5

19.8.2005

A696

Eurobike Kft.

Zengő utca 58., H-7693 Pécs-Hird

Hungary

Article 5

28.1.2005

A624

Firma Wielobranżowa ART-POL Artur Nowak

ul. Homera 4/20, PL-42-200 Częstochowa

Poland

Article 5

22.9.2005

A697

Hermann Hartje KG

Deichstraße 120—122, D-27318 Hoya/Weser

Germany

Article 5

7.11.2005

A725

Koliken Kft.

Széchenyi u. 103., H-6400 Kiskunhalas

Hungary

Article 5

8.11.2004

A616

Koninklijke Gazelle B.V.

Wilhelminaweg 8, 6951 BP Dieren, Nederland

The Netherlands

Article 5

29.6.2005

8609

Kynast Bike GmbH

Artlandstraße 55, D-49610 Quakenbrück

Germany

Article 5

29.7.2005

A692

Manufacture de Cycles du Comminges

Z.I. Ouest, F-31800 Saint-Gaudens

France

Article 5

29.6.2005

A690

Maver Sp. z o.o.

ul. Przasnysza 77, 06-200 Maków Mazowiecki

Poland

Article 5

19.10.2005

A728

Maxbike s.r.o.

Svatoplukova 2771, CZ-700 30 Ostrava-Vítkovice

Czech Republic

Article 5

3.1.2005

A664

Muller Sport Bohemia s.r.o.

Okružní 110 Hlincová Hora, CZ-373 71 Rudolfov

Czech Republic

Article 5

8.11.2004

A605

P.W.U.H. Sterna

ul. Lotników 51, PL-73-102 Stargard Szczeciński

Poland

Article 5

2.2.2005

A631

PFIFF Vertriebs GmbH

Wilhelmstraße 58, D-49610 Quakenbrück

Germany

Article 5

6.4.2005

A668

TIESSE Snc di Tosato Virginio & C.

Via Meucci 12, I-35030 Caselle di Selvazzano Dentro (PD)

Italy

Article 5

24.10.2005

A724

TOLIN Przedsiębiorstwo Prywatne Jerzy Topolski

Łęg Witoszyn, PL-87-811 Fabianki

Poland

Article 5

10.9.2004

A586

Victus International Trading S.A.

ul. Naramowicka 150, PL-61-619 Poznań

Poland

Article 5

11.10.2004

A588

Vizija Sport d.o.o.

Tržaska cesta 87b, SI-1370 Logatec

Slovenia

Article 5

24.1.2005

A630

HAS ADOPTED THIS DECISION:

Article 1

The parties listed below in table 1 are hereby exempt from the extension to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Regulation (EEC) No 2474/93, as maintained by Regulation (EC) No 1524/2000 and amended by Regulation (EC) No 1095/2005.

The exemption shall take effect in relation to each party as from the relevant date shown in the column headed ‘Date of effect’.

Table 1

List of parties to be exempt

| Name | Address | Country | Exemption pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| 4EVER s.r.o. | 2. května 267, CZ-742 13 Studénka | Czech Republic | Article 7 | 1.5.2004 | A558 |
| Accell Hunland Kft. | Parkoló tér 1., H-1059 Tószeg | Hungary | Article 7 | 1.5.2004 | A534 |
| AMP Welding, s.r.o. | Orlové 165, SK-017 01 Považská Bystrica | Slovak Republic | Article 7 | 14.6.2004 | A572 |
| Bike Fun International s.r.o. | Štefánikova 1163, CZ-742 21 Kopřivnice | Czech Republic | Article 7 | 1.5.2004 | A536 |
| BPS Bicycle Industrial s.r.o. | Šumavská 779/2, CZ-787 01 Šumperk | Czech Republic | Article 7 | 1.5.2004 | A537 |
| CAPRI-Ne Kft. | Kiskút útja 1., H-8000 Székesfehérvár | Hungary | Article 7 | 3.5.2004 | A562 |
| Ciclo Meccanica Srl | Via delle Industrie 14 I-20050 Sulbiate (MI) | Italy | Article 7 | 16.9.2004 | A170 |
| EURO.T POLSKA Sp. z o.o. | ul. Drogowców 12, PL-42-200 Częstochowa | Poland | Article 7 | 1.5.2004 | A549 |
| Eurobik, s.r.o. | Bardejovská 36, SK-080 06 Prešov | Slovak Republic | Article 7 | 27.8.2004 | A575 |
| EXPLORER group s.r.o. | CZ-742 67 Ženklava 167 | Czech Republic | Article 7 | 24.5.2004 | A563 |
| Falter Bike GmbH & Co. KG | Bunzlauer Straße 15, D-33719 Bielefeld | Germany | Article 7 | 22.7.2004 | A125 |
| FHMM Sp. z o.o. | ul. Ciecholewicka 29, 55-120 Oborniki Śląskie | Poland | Article 7 | 1.5.2004 | A548 |
| IB Sp. z o.o. | Zakład Pracy Chronionej, ul. Miłośników Podhala 1, PL-34-425 Biały Dunajec | Poland | Article 7 | 1.5.2004 | A539 |
| IDEAL EUROPE Sp. z o.o. | ul. Metalowa 11, PL-99-300 Kutno | Poland | Article 7 | 1.5.2004 | A540 |
| Jan Zasada Biuro Ekonomiczno-Handlowe | ul. Fabryczna 6, PL-98-300 Wieluń | Poland | Article 7 | 1.5.2004 | A542 |
| Jozef Kender-Kenzel | Imeľ č. 830, SK-946 52 Imeľ | Slovak Republic | Article 7 | 1.5.2004 | A557 |
| KROSS S.A. | ul. Leszno 46, PL-06-300 Przasnysz | Poland | Article 7 | 1.5.2004 | A543 |
| Mama spol. s.r.o. | Krajinská 1, SK-921 01 Piešťany | Slovak Republic | Article 7 | 1.5.2004 | A551 |
| Master Bike, s.r.o. | Sadová 2, CZ-789 01 Zábřeh na Moravě | Czech Republic | Article 7 | 4.5.2004 | A552 |
| N.V. Race Productions | Ambachtstraat 19, B-3980 Tessenderlo | Belgium | Article 7 | 15.9.2004 | A576 |
| Neuzer Kerékpár Kereskedelmi és Szolgáltató Kft. | Eötvös u. 48., H-2500 Esztergom | Hungary | Article 7 | 1.5.2004 | A545 |
| Novus Bike s.r.o. | Hlavní 266, CZ-747 81 Otice | Czech Republic | Article 7 | 1.5.2004 | A553 |
| Olimpia Kerékpár Kft. | Ostorhegy u. 4., H-1164 Budapest | Hungary | Article 7 | 1.5.2004 | A554 |
| Przedsiębiorstwo Handlowo Produkcyjne UNIBIKE Jerzy Orłowski, Piotr Drobotowski Sp. Jawna | ul. Przemysłowa 28B, PL-85-758 Bydgoszcz | Poland | Article 7 | 1.5.2004 | A556 |
| Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt. | Gyepsor u. 1., H-1211 Budapest | Hungary | Article 7 | 1.5.2004 | A555 |
| Sprick Rowery Sp. z o.o. | ul. Świerczewskiego 76, PL-66-200 Świebodzin | Poland | Article 7 | 7.6.2004 | A571 |
| Trade-Stomil Sp. z o.o. | ul. 6 Sierpnia 74, PL-90-646 Łódź | Poland | Article 7 | 30.7.2004 | A574 |
| UAB Baltik Vairas | Pramonės g. 3, LT-78138 Śiauliai | Lithuania | Article 7 | 1.5.2004 | A547 |
| Zweirad Paulsen | Hauptstraße 80, D-49635 Badbergen | Germany | Article 7 | 22.6.2004 | A566 |

Name

Address

Country

Exemption pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

4EVER s.r.o.

2. května 267, CZ-742 13 Studénka

Czech Republic

Article 7

1.5.2004

A558

Accell Hunland Kft.

Parkoló tér 1., H-1059 Tószeg

Hungary

Article 7

1.5.2004

A534

AMP Welding, s.r.o.

Orlové 165, SK-017 01 Považská Bystrica

Slovak Republic

Article 7

14.6.2004

A572

Bike Fun International s.r.o.

Štefánikova 1163, CZ-742 21 Kopřivnice

Czech Republic

Article 7

1.5.2004

A536

BPS Bicycle Industrial s.r.o.

Šumavská 779/2, CZ-787 01 Šumperk

Czech Republic

Article 7

1.5.2004

A537

CAPRI-Ne Kft.

Kiskút útja 1., H-8000 Székesfehérvár

Hungary

Article 7

3.5.2004

A562

Ciclo Meccanica Srl

Via delle Industrie 14 I-20050 Sulbiate (MI)

Italy

Article 7

16.9.2004

A170

EURO.T POLSKA Sp. z o.o.

ul. Drogowców 12, PL-42-200 Częstochowa

Poland

Article 7

1.5.2004

A549

Eurobik, s.r.o.

Bardejovská 36, SK-080 06 Prešov

Slovak Republic

Article 7

27.8.2004

A575

EXPLORER group s.r.o.

CZ-742 67 Ženklava 167

Czech Republic

Article 7

24.5.2004

A563

Falter Bike GmbH & Co. KG

Bunzlauer Straße 15, D-33719 Bielefeld

Germany

Article 7

22.7.2004

A125

FHMM Sp. z o.o.

ul. Ciecholewicka 29, 55-120 Oborniki Śląskie

Poland

Article 7

1.5.2004

A548

IB Sp. z o.o.

Zakład Pracy Chronionej, ul. Miłośników Podhala 1, PL-34-425 Biały Dunajec

Poland

Article 7

1.5.2004

A539

IDEAL EUROPE Sp. z o.o.

ul. Metalowa 11, PL-99-300 Kutno

Poland

Article 7

1.5.2004

A540

Jan Zasada Biuro Ekonomiczno-Handlowe

ul. Fabryczna 6, PL-98-300 Wieluń

Poland

Article 7

1.5.2004

A542

Jozef Kender-Kenzel

Imeľ č. 830, SK-946 52 Imeľ

Slovak Republic

Article 7

1.5.2004

A557

KROSS S.A.

ul. Leszno 46, PL-06-300 Przasnysz

Poland

Article 7

1.5.2004

A543

Mama spol. s.r.o.

Krajinská 1, SK-921 01 Piešťany

Slovak Republic

Article 7

1.5.2004

A551

Master Bike, s.r.o.

Sadová 2, CZ-789 01 Zábřeh na Moravě

Czech Republic

Article 7

4.5.2004

A552

N.V. Race Productions

Ambachtstraat 19, B-3980 Tessenderlo

Belgium

Article 7

15.9.2004

A576

Neuzer Kerékpár Kereskedelmi és Szolgáltató Kft.

Eötvös u. 48., H-2500 Esztergom

Hungary

Article 7

1.5.2004

A545

Novus Bike s.r.o.

Hlavní 266, CZ-747 81 Otice

Czech Republic

Article 7

1.5.2004

A553

Olimpia Kerékpár Kft.

Ostorhegy u. 4., H-1164 Budapest

Hungary

Article 7

1.5.2004

A554

Przedsiębiorstwo Handlowo Produkcyjne UNIBIKE Jerzy Orłowski, Piotr Drobotowski Sp. Jawna

ul. Przemysłowa 28B, PL-85-758 Bydgoszcz

Poland

Article 7

1.5.2004

A556

Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt.

Gyepsor u. 1., H-1211 Budapest

Hungary

Article 7

1.5.2004

A555

Sprick Rowery Sp. z o.o.

ul. Świerczewskiego 76, PL-66-200 Świebodzin

Poland

Article 7

7.6.2004

A571

Trade-Stomil Sp. z o.o.

ul. 6 Sierpnia 74, PL-90-646 Łódź

Poland

Article 7

30.7.2004

A574

UAB Baltik Vairas

Pramonės g. 3, LT-78138 Śiauliai

Lithuania

Article 7

1.5.2004

A547

Zweirad Paulsen

Hauptstraße 80, D-49635 Badbergen

Germany

Article 7

22.6.2004

A566

Article 2

The requests for exemption from the extended anti-dumping duty submitted pursuant to Article 3 of Regulation (EC) No 88/97 by the parties listed below in table 2 are hereby rejected.

The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the parties concerned as from the relevant date shown in the column headed ‘Date of effect’.

Table 2

List of parties for which the suspension is to be lifted

| Name | Address | Country | Suspension pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| Czech Bike, a.s. | Palackého 82, CZ-612 00 Brno | Czech Republic | Article 5 | 17.5.2004 | A560 |
| MEMO cz, s.r.o. | Jungmannova 319, CZ-506 01 Jičín | Czech Republic | Article 5 | 5.5.2004 | A544 |
| Special Bike di Diciolla Francesco | Via dei Mille 50, I-71042 Cerignola (Foggia) | Italy | Article 5 | 5.3.2004 | A533 |
| Winora Staiger GmbH | Max-Planck-Straße 6, D-97526 Sennfeld | Germany | Article 5 | 29.4.2004 | A559 |

Name

Address

Country

Suspension pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

Czech Bike, a.s.

Palackého 82, CZ-612 00 Brno

Czech Republic

Article 5

17.5.2004

A560

MEMO cz, s.r.o.

Jungmannova 319, CZ-506 01 Jičín

Czech Republic

Article 5

5.5.2004

A544

Special Bike di Diciolla Francesco

Via dei Mille 50, I-71042 Cerignola (Foggia)

Italy

Article 5

5.3.2004

A533

Winora Staiger GmbH

Max-Planck-Straße 6, D-97526 Sennfeld

Germany

Article 5

29.4.2004

A559

Article 3

The parties listed below in table 3 constitute the updated list of parties under examination pursuant to Article 3 of Regulation (EC) No 88/97. The suspension from the extended duty, following these requests, took effect as from the relevant date in the column headed ‘Date of effect’ in table 3.

Table 3

List of parties under examination

| Name | Address | Country | Suspension pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| A.J. Maias Lda | Estrada Nacional N.o 1, Malaposta, Apart. 27, P-3781-908 Sangalhos | Portugal | Article 5 | 23.2.2005 | A401 |
| Avantisbike — Fabrico de Bicicletas S.A. | Rua do Casarão, P-3750-869 Borralha | Portugal | Article 5 | 10.11.2005 | A726 |
| ARKUS Sp. z o.o. | Podgrodzie 32c, PL-39-200 Dębica | Poland | Article 5 | from 23.6.2004 to 31.5.2005 | A565 |
| ARKUS & ROMET Group Sp. z o.o. | Podgrodzie 32c, PL-39-200 Dębica | Poland | Article 5 | 1.6.2005 | A565 |
| Athletic International Sp. z o.o. | ul. Drawska 21, PL-02-202 Warszawa | Poland | Article 5 | 3.8.2004 | A568 |
| BELVE s.r.o. | Palkovičova 5, SK-915 01 Nové Mesto nad Váhom | Slovak Republic | Article 5 | 4.5.2004 | A535 |
| Bike Mate s.r.o. | Dlhá 248/43, SK-905 01 Senica | Slovak Republic | Article 5 | 8.10.2004 | A589 |
| Bike Sport | Krzemionka 14, PL-62-872 Godziesze | Poland | Article 5 | 3.1.2005 | A593 |
| Cannondale Europe B.V. | Hanzepoort 27, 7575 DB Oldenzaal, Nederland | The Netherlands | Article 5 | 21.6.2005 | A686 |
| Cseke Trade Kft. | Gyepsor u. 1., H-1211 Budapest | Hungary | Article 5 | 21.4.2005 | A685 |
| C-TRADING, s.r.o. | V. Palkovicha 19, SK-946 03 Kolárovo | Slovak Republic | Article 5 | 10.2.2005 | A662 |
| Decathlon Sp. z o.o. | ul. Malborska 53, PL-03-286 Warszawa | Poland | Article 5 | 19.8.2005 | A696 |
| ROG Kolesa, d.d. | Letališka 29, SLO-1000 Ljubljana | Slovenia | Article 5 | 1.5.2004 | A538 |
| Eurobike Kft. | Zengő utca 58., H-7693 Pécs-Hird | Hungary | Article 5 | 28.1.2005 | A624 |
| Fabryka Rowerów Romet-Jastrowie Sp. z o.o. | ul. Naturowicza 14, PL-64-915 Jastrowie | Poland | Article 5 | from 14.6.2004 to 31.5.2005 | A564 |
| Firma Wielobranżowa ART-POL Artur Nowak | ul. Homera 4/20, PL-42-200 Częstochowa | Poland | Article 5 | 22.9.2005 | A697 |
| Hermann Hartje KG | Deichstraße 120—122, D-27318 Hoya/Weser | Germany | Article 5 | 7.11.2005 | A725 |
| ISTRO-HGA, spol. s.r.o. | Svätopeterská 14, SK-947 01 Hurbanovo | Slovak Republic | Article 5 | 1.5.2004 | A541 |
| Koliken Kft. | Széchenyi u. 103., H-6400 Kiskunhalas | Hungary | Article 5 | 8.11.2004 | A616 |
| Koninklijke Gazelle B.V. | Wilhelminaweg 8, 6951 BP Dieren, Nederland | The Netherlands | Article 5 | 29.6.2005 | 8609 |
| Kynast Bike GmbH | Artlandstraße 55, D-49610 Quakenbrück | Germany | Article 5 | 29.7.2005 | A692 |
| Manufacture de Cycles du Comminges | Z.I. Ouest, F-31800 Saint-Gaudens | France | Article 5 | 29.6.2005 | A690 |
| Maver Sp. z o.o. | ul. Przasnysza 77, 06-200 Maków Mazowiecki | Poland | Article 5 | 19.10.2005 | A728 |
| Maxbike s.r.o. | Svatoplukova 2771, CZ-700 30 Ostrava-Vítkovice | Czech Republic | Article 5 | 3.1.2005 | A664 |
| Muller Sport Bohemia s.r.o. | Okružní 110 Hlincová Hora, CZ-373 71 Rudolfov | Czech Republic | Article 5 | 8.11.2004 | A605 |
| OLPRAN, spol. s.r.o. | Libušina 101, CZ-772 11 Olomouc | Czech Republic | Article 5 | 1.5.2004 | A546 |
| P.W.U.H. Sterna | ul. Lotników 51, PL-73-102 Stargard Szczeciński | Poland | Article 5 | 2.2.2005 | A631 |
| PFIFF Vertriebs GmbH | Wilhelmstraße 58, D-49610 Quakenbrück | Germany | Article 5 | 6.4.2005 | A668 |
| TIESSE Snc di Tosato Virginio & C. | Via Meucci 12, I-35030 Caselle di Selvazzano Dentro (PD) | Italy | Article 5 | 24.10.2005 | A724 |
| TOLIN Przedsiębiorstwo Prywatne Jerzy Topolski | Łęg Witoszyn, PL-87-811 Fabianki | Poland | Article 5 | 10.9.2004 | A586 |
| Victus International Trading S.A. | ul. Naramowicka 150, PL-61-619 Poznań | Poland | Article 5 | 11.10.2004 | A588 |
| Vizija Sport d.o.o. | Tržaška cesta 87b, SI-1370 Logatec | Slovenia | Article 5 | 24.1.2005 | A630 |

Name

Address

Country

Suspension pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

A.J. Maias Lda

Estrada Nacional N.o 1, Malaposta, Apart. 27, P-3781-908 Sangalhos

Portugal

Article 5

23.2.2005

A401

Avantisbike — Fabrico de Bicicletas S.A.

Rua do Casarão, P-3750-869 Borralha

Portugal

Article 5

10.11.2005

A726

ARKUS Sp. z o.o.

Podgrodzie 32c, PL-39-200 Dębica

Poland

Article 5

from 23.6.2004 to 31.5.2005

A565

ARKUS & ROMET Group Sp. z o.o.

Podgrodzie 32c, PL-39-200 Dębica

Poland

Article 5

1.6.2005

A565

Athletic International Sp. z o.o.

ul. Drawska 21, PL-02-202 Warszawa

Poland

Article 5

3.8.2004

A568

BELVE s.r.o.

Palkovičova 5, SK-915 01 Nové Mesto nad Váhom

Slovak Republic

Article 5

4.5.2004

A535

Bike Mate s.r.o.

Dlhá 248/43, SK-905 01 Senica

Slovak Republic

Article 5

8.10.2004

A589

Bike Sport

Krzemionka 14, PL-62-872 Godziesze

Poland

Article 5

3.1.2005

A593

Cannondale Europe B.V.

Hanzepoort 27, 7575 DB Oldenzaal, Nederland

The Netherlands

Article 5

21.6.2005

A686

Cseke Trade Kft.

Gyepsor u. 1., H-1211 Budapest

Hungary

Article 5

21.4.2005

A685

C-TRADING, s.r.o.

V. Palkovicha 19, SK-946 03 Kolárovo

Slovak Republic

Article 5

10.2.2005

A662

Decathlon Sp. z o.o.

ul. Malborska 53, PL-03-286 Warszawa

Poland

Article 5

19.8.2005

A696

ROG Kolesa, d.d.

Letališka 29, SLO-1000 Ljubljana

Slovenia

Article 5

1.5.2004

A538

Eurobike Kft.

Zengő utca 58., H-7693 Pécs-Hird

Hungary

Article 5

28.1.2005

A624

Fabryka Rowerów Romet-Jastrowie Sp. z o.o.

ul. Naturowicza 14, PL-64-915 Jastrowie

Poland

Article 5

from 14.6.2004 to 31.5.2005

A564

Firma Wielobranżowa ART-POL Artur Nowak

ul. Homera 4/20, PL-42-200 Częstochowa

Poland

Article 5

22.9.2005

A697

Hermann Hartje KG

Deichstraße 120—122, D-27318 Hoya/Weser

Germany

Article 5

7.11.2005

A725

ISTRO-HGA, spol. s.r.o.

Svätopeterská 14, SK-947 01 Hurbanovo

Slovak Republic

Article 5

1.5.2004

A541

Koliken Kft.

Széchenyi u. 103., H-6400 Kiskunhalas

Hungary

Article 5

8.11.2004

A616

Koninklijke Gazelle B.V.

Wilhelminaweg 8, 6951 BP Dieren, Nederland

The Netherlands

Article 5

29.6.2005

8609

Kynast Bike GmbH

Artlandstraße 55, D-49610 Quakenbrück

Germany

Article 5

29.7.2005

A692

Manufacture de Cycles du Comminges

Z.I. Ouest, F-31800 Saint-Gaudens

France

Article 5

29.6.2005

A690

Maver Sp. z o.o.

ul. Przasnysza 77, 06-200 Maków Mazowiecki

Poland

Article 5

19.10.2005

A728

Maxbike s.r.o.

Svatoplukova 2771, CZ-700 30 Ostrava-Vítkovice

Czech Republic

Article 5

3.1.2005

A664

Muller Sport Bohemia s.r.o.

Okružní 110 Hlincová Hora, CZ-373 71 Rudolfov

Czech Republic

Article 5

8.11.2004

A605

OLPRAN, spol. s.r.o.

Libušina 101, CZ-772 11 Olomouc

Czech Republic

Article 5

1.5.2004

A546

P.W.U.H. Sterna

ul. Lotników 51, PL-73-102 Stargard Szczeciński

Poland

Article 5

2.2.2005

A631

PFIFF Vertriebs GmbH

Wilhelmstraße 58, D-49610 Quakenbrück

Germany

Article 5

6.4.2005

A668

TIESSE Snc di Tosato Virginio & C.

Via Meucci 12, I-35030 Caselle di Selvazzano Dentro (PD)

Italy

Article 5

24.10.2005

A724

TOLIN Przedsiębiorstwo Prywatne Jerzy Topolski

Łęg Witoszyn, PL-87-811 Fabianki

Poland

Article 5

10.9.2004

A586

Victus International Trading S.A.

ul. Naramowicka 150, PL-61-619 Poznań

Poland

Article 5

11.10.2004

A588

Vizija Sport d.o.o.

Tržaška cesta 87b, SI-1370 Logatec

Slovenia

Article 5

24.1.2005

A630

Article 4

The requests for exemption from the extended anti-dumping duty made by the parties listed below in table 4 are hereby rejected.

Table 4

List of parties for which the request for exemption is rejected

| Name | Address | Country |
| --- | --- | --- |
| Avex Kft. | Csenterics u. 3., H-2440 Százhalombatta | Hungary |
| Ets Duret | 8, rue de Clémont, F-18410 Argent-sur-Sauldre | France |
| P.P.H.U. Interbike | ul. Drogowców 12, PL-42-200 Częstochowa | Poland |
| P.P.U.H. POL-FOX | ul. Tenisowa 81, PL-42-200 Częstochowa | Poland |
| Unimex | Domburgseweg 87, 4356 BK Oostkapelle, Nederland | The Netherlands |

Name

Address

Country

Avex Kft.

Csenterics u. 3., H-2440 Százhalombatta

Hungary

Ets Duret

8, rue de Clémont, F-18410 Argent-sur-Sauldre

France

P.P.H.U. Interbike

ul. Drogowców 12, PL-42-200 Częstochowa

Poland

P.P.U.H. POL-FOX

ul. Tenisowa 81, PL-42-200 Częstochowa

Poland

Unimex

Domburgseweg 87, 4356 BK Oostkapelle, Nederland

The Netherlands

Article 5

This Decision is addressed to the Member States and to the parties listed in Articles 1, 2, 3 and 4.

Done at Brussels, 20 January 2006.

For the Commission

Peter MANDELSON

Member of the Commission

---

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

1

(2)  
  OJ L 16, 18.1.1997, p. 55.

2

(3)  
  OJ L 175, 14.7.2000, p. 39.

3

(4)  
  OJ L 183, 14.7.2005, p. 1.

4

(5)  
  OJ L 17, 21.1.1997, p. 17.

5

(6)  
  OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2 and OJ C 299, 4.12.2004, p. 4.

6

(7)  
  OJ C 299, 4.12.2004, p. 4.

7

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/27 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/27

---

COMMISSION DECISION

of 20 January 2006

amending Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania

(notified under document number C(2006) 61)

(Text with EEA relevance)

(2006/23/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

| (1) | Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products. |
| --- | --- |

(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

| (2) | On 12 October 2005 Romania notified the Commission of the isolation of an influenza A virus of subtype H5N1 Asian strain collected from a clinical case in poultry. Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (3) was therefore adopted. |
| --- | --- |

(2)

On 12 October 2005 Romania notified the Commission of the isolation of an influenza A virus of subtype H5N1 Asian strain collected from a clinical case in poultry. Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (3) was therefore adopted.

| (3) | Romania has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to those parts of the territory of Romania that are affected and at risk. |
| --- | --- |

(3)

Romania has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to those parts of the territory of Romania that are affected and at risk.

| (4) | Decision 2005/710/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2005/710/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/710/EC is amended as follows:

| 1. | Article 1 is replaced by the following:

  ‘Article 1

  1.   Member States shall suspend the importation of:






  (a) | live poultry, ratites, farmed and wild feathered game, and hatching eggs of these species coming from the part of the territory of Romania referred to in Part A of the Annex; and |
| --- | --- | --- |

1.

Article 1 is replaced by the following:

‘Article 1

1.   Member States shall suspend the importation of:

(a)

live poultry, ratites, farmed and wild feathered game, and hatching eggs of these species coming from the part of the territory of Romania referred to in Part A of the Annex; and

| (b) | the following products coming from the part of the territory of Romania mentioned in Part B of the Annex:






  — | fresh meat of poultry, ratites, farmed and wild feathered game, |
| --- | --- | --- |

(b)

the following products coming from the part of the territory of Romania mentioned in Part B of the Annex:

—

fresh meat of poultry, ratites, farmed and wild feathered game,

| — | meat preparations and meat products consisting of or containing meat of those species, |
| --- | --- |

—

meat preparations and meat products consisting of or containing meat of those species,

| — | raw pet food and unprocessed feed material containing any parts of those species, |
| --- | --- |

—

raw pet food and unprocessed feed material containing any parts of those species,

| — | eggs for human consumption, |
| --- | --- |

—

eggs for human consumption,

| — | non-treated game trophies from any birds, and |
| --- | --- |

—

non-treated game trophies from any birds, and

| — | unprocessed feathers and parts of feathers. |
| --- | --- |

—

unprocessed feathers and parts of feathers.

2.   By way of derogation from paragraph 1(b), Member States shall authorise the importation of the products covered by paragraph 1(b) first to third indent, which have been obtained from birds slaughtered before 1 August 2005.

3.   In the veterinary certificates/commercial documents accompanying consignments of the products referred to in paragraph 2 the following words as appropriate to the species shall be included:

“Fresh poultry meat/fresh ratite meat/fresh meat of wild feathered game/fresh meat of farmed feathered game/meat product consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/meat preparation consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/raw pet food and unprocessed feed material containing any parts of poultry, ratites, farmed or wild feathered game (*1) obtained from birds slaughtered before 1 August 2005 and in accordance with Article 1(2) of Commission Decision 2005/710/EC.

4.   By derogation from paragraph 1(b), second indent, Member States shall authorise the importation of meat products consisting of or containing meat of poultry, ratites, farmed and wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part IV of Annex II to Commission Decision 2005/432/EC.’;

(*1)  Delete as appropriate.”
  "

*1

| 2. | the Annex the text of which is set out in the Annex to this Decision is added. |
| --- | --- |

2.

the Annex the text of which is set out in the Annex to this Decision is added.

Article 2

Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1).

2

(3)  
  OJ L 269, 14.10.2005, p. 42.

3

---

ANNEX

‘ANNEX

Parts of territory of Romania referred to in Article 1(a) and (b) respectively:

PART A

| ISO country code | Name of country | Description of part of territory |
| --- | --- | --- |
| RO | Romania | — | Whole of the territory of Romania |

ISO country code

Name of country

Description of part of territory

RO

Romania

—

Whole of the territory of Romania

PART B

| ISO country code | Name of country | Description of part of territory |
| --- | --- | --- |
| RO | Romania | In Romania the counties of:






  — | Tulcea |

ISO country code

Name of country

Description of part of territory

RO

Romania

In Romania the counties of:

—

Tulcea

| — | Constanta |
| --- | --- |

—

Constanta

| — | Galati |
| --- | --- |

—

Galati

| — | Braila |
| --- | --- |

—

Braila

| — | Ialomita |
| --- | --- |

—

Ialomita

| — | Calarasi’ |
| --- | --- |

—

Calarasi’

---

| 21.1.2006 | EN | Official Journal of the European Union | L 17/30 |
| --- | --- | --- | --- |

21.1.2006

EN

Official Journal of the European Union

L 17/30

---

COMMISSION DECISION

of 20 January 2006

amending for the second time Decision 2005/710/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania

(notified under document number C(2006) 62)

(Text with EEA relevance)

(2006/24/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

| (1) | Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products. |
| --- | --- |

(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

| (2) | On 12 October 2005 Romania notified the Commission of the isolation of the Asian strain of the avian influenza virus collected from a clinical case in poultry. Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (3) was therefore adopted. |
| --- | --- |

(2)

On 12 October 2005 Romania notified the Commission of the isolation of the Asian strain of the avian influenza virus collected from a clinical case in poultry. Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Romania (3) was therefore adopted.

| (3) | That Decision was amended to regionalise Romania for imports into the Community of poultry meat and poultry meat products in view of the fact that the outbreaks of the Asian strain of the avian influenza virus in Romania were confined to the Danube delta. |
| --- | --- |

(3)

That Decision was amended to regionalise Romania for imports into the Community of poultry meat and poultry meat products in view of the fact that the outbreaks of the Asian strain of the avian influenza virus in Romania were confined to the Danube delta.

| (4) | New outbreaks of the disease have occurred in that part of Romania considered free of infection. The area of Romania from which imports into the Community of poultry meat and poultry meat products should still be prohibited therefore needs to be extended to cover that part of the country east and south of the Carpathian Mountains. |
| --- | --- |

(4)

New outbreaks of the disease have occurred in that part of Romania considered free of infection. The area of Romania from which imports into the Community of poultry meat and poultry meat products should still be prohibited therefore needs to be extended to cover that part of the country east and south of the Carpathian Mountains.

| (5) | As Romania has now confirmed the presence of the disease on its territory, the title of Decision 2005/710/EC should be amended to take this into account. |
| --- | --- |

(5)

As Romania has now confirmed the presence of the disease on its territory, the title of Decision 2005/710/EC should be amended to take this into account.

| (6) | Decision 2005/710/EC should therefore be amended accordingly. |
| --- | --- |

(6)

Decision 2005/710/EC should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/710/EC is amended as follows:

| 1. | the title is replaced by the following:

  ‘Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in Romania’; |
| --- | --- |

1.

the title is replaced by the following:

‘Commission Decision 2005/710/EC of 13 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in Romania’;

| 2. | the Annex is replaced by the Annex to this Decision. |
| --- | --- |

2.

the Annex is replaced by the Annex to this Decision.

Article 2

The Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1).

2

(3)  
  OJ L 269, 14.10.2005, p. 42. Decision as last amended by Decision 2006/23/EC (see page 27 of this Official Journal).

3

---

ANNEX

‘ANNEX

Parts of territory of Romania referred to in Article 1(a) and (b)

PART A

| ISO country code | Name of country | Description of part of territory |
| --- | --- | --- |
| RO | Romania | — | Whole of the territory of Romania |

ISO country code

Name of country

Description of part of territory

RO

Romania

—

Whole of the territory of Romania

PART B

| ISO country code | Name of country | Description of part of territory |
| --- | --- | --- |
| RO | Romania | In Romania, the counties of:






  — | Arges |

ISO country code

Name of country

Description of part of territory

RO

Romania

In Romania, the counties of:

—

Arges

| — | Bacau |
| --- | --- |

—

Bacau

| — | Botosani |
| --- | --- |

—

Botosani

| — | Braila |
| --- | --- |

—

Braila

| — | Bucuresti |
| --- | --- |

—

Bucuresti

| — | Buzau |
| --- | --- |

—

Buzau

| — | Calarasi |
| --- | --- |

—

Calarasi

| — | Constanta |
| --- | --- |

—

Constanta

| — | Dimbovita |
| --- | --- |

—

Dimbovita

| — | Dolj |
| --- | --- |

—

Dolj

| — | Galati |
| --- | --- |

—

Galati

| — | Giurgiu |
| --- | --- |

—

Giurgiu

| — | Gorj |
| --- | --- |

—

Gorj

| — | Ialomita |
| --- | --- |

—

Ialomita

| — | Iasi |
| --- | --- |

—

Iasi

| — | Ilfov |
| --- | --- |

—

Ilfov

| — | Mehedinti |
| --- | --- |

—

Mehedinti

| — | Neamt |
| --- | --- |

—

Neamt

| — | Olt |
| --- | --- |

—

Olt

| — | Prahova |
| --- | --- |

—

Prahova

| — | Suceava |
| --- | --- |

—

Suceava

| — | Teleorman |
| --- | --- |

—

Teleorman

| — | Tulcea |
| --- | --- |

—

Tulcea

| — | Vaslui |
| --- | --- |

—

Vaslui

| — | Vilcea |
| --- | --- |

—

Vilcea

| — | Vrancea’ |
| --- | --- |

—

Vrancea’

---