# Official Journal L 293/9 No

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 293 |
| | |
| English edition | Legislation | Volume 489 November 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 293

English edition

Legislation

Volume 489 November 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1818/2005 of 8 November 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1819/2005 of 8 November 2005 adopting a plan allocating resources to the Member States to be charged against 2006 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community | 3 |
| | * | Commission Regulation (EC) No 1820/2005 of 8 November 2005 amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms | 8 |
| | * | Commission Regulation (EC) No 1821/2005 of 8 November 2005 amending Regulation (EC) No 1653/2004 as regards the posts of accounting officers of executive agencies | 10 |
| | * | Commission Regulation (EC) No 1822/2005 of 8 November 2005 amending Regulation (EC) No 466/2001 as regards nitrate in certain vegetables (
  1
  ) | 11 |
| | * | Commission Directive 2005/76/EC of 8 November 2005 amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin fixed therein (
  1
  ) | 14 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1818/2005 of 8 November 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1819/2005 of 8 November 2005 adopting a plan allocating resources to the Member States to be charged against 2006 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community

3

*

Commission Regulation (EC) No 1820/2005 of 8 November 2005 amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms

8

*

Commission Regulation (EC) No 1821/2005 of 8 November 2005 amending Regulation (EC) No 1653/2004 as regards the posts of accounting officers of executive agencies

10

*

Commission Regulation (EC) No 1822/2005 of 8 November 2005 amending Regulation (EC) No 466/2001 as regards nitrate in certain vegetables (
  1
  )

1

11

*

Commission Directive 2005/76/EC of 8 November 2005 amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin fixed therein (
  1
  )

1

14

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 13 October 2005 amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail
  (notified under document number C(2005) 3555)

   (
  1
  ) | 23 |
| | * | Commission Decision of 28 October 2005 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of aminopyralid and fluopicolide in Annex I to Council Directive 91/414/EEC
  (notified under document number C(2004) 4535)

   (
  1
  ) | 26 |
| | * | Commission Decision of 8 November 2005 concerning animal health protection measures against swine vesicular disease in Italy
  (notified under document number C(2005) 4273)

   (
  1
  ) | 28 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 13 October 2005 amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail
  (notified under document number C(2005) 3555)

   (
  1
  )

(notified under document number C(2005) 3555)

1

23

*

Commission Decision of 28 October 2005 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of aminopyralid and fluopicolide in Annex I to Council Directive 91/414/EEC
  (notified under document number C(2004) 4535)

   (
  1
  )

(notified under document number C(2004) 4535)

1

26

*

Commission Decision of 8 November 2005 concerning animal health protection measures against swine vesicular disease in Italy
  (notified under document number C(2005) 4273)

   (
  1
  )

(notified under document number C(2005) 4273)

1

28

| | |
| --- | --- |
| | (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.

---

I Acts whose publication is obligatory

| 9.11.2005 | EN | Official Journal of the European Union | L 293/1 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/1

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COMMISSION REGULATION (EC) No 1818/2005

of 8 November 2005

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 9 November 2005.

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

Done at Brussels, 8 November 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 8 November 2005 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 | 64,3 |
| 096 | 25,4 |
| 204 | 55,1 |
| 999 | 48,3 |
| 0707 00 05 | 052 | 97,1 |
| 204 | 23,8 |
| 999 | 60,5 |
| 0709 90 70 | 052 | 111,0 |
| 204 | 56,8 |
| 999 | 83,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 68,7 |
| 624 | 88,6 |
| 999 | 78,7 |
| 0805 50 10 | 052 | 72,0 |
| 388 | 79,4 |
| 528 | 60,8 |
| 999 | 70,7 |
| 0806 10 10 | 052 | 106,2 |
| 400 | 240,3 |
| 508 | 246,9 |
| 624 | 175,2 |
| 720 | 95,6 |
| 999 | 172,8 |
| 0808 10 80 | 052 | 93,3 |
| 096 | 15,6 |
| 388 | 97,7 |
| 400 | 106,0 |
| 404 | 103,5 |
| 512 | 71,0 |
| 720 | 26,7 |
| 800 | 146,5 |
| 804 | 82,0 |
| 999 | 82,5 |
| 0808 20 50 | 052 | 99,5 |
| 720 | 48,4 |
| 999 | 74,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

64,3

096

25,4

204

55,1

999

48,3

0707 00 05

052

97,1

204

23,8

999

60,5

0709 90 70

052

111,0

204

56,8

999

83,9

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

052

68,7

624

88,6

999

78,7

0805 50 10

052

72,0

388

79,4

528

60,8

999

70,7

0806 10 10

052

106,2

400

240,3

508

246,9

624

175,2

720

95,6

999

172,8

0808 10 80

052

93,3

096

15,6

388

97,7

400

106,0

404

103,5

512

71,0

720

26,7

800

146,5

804

82,0

999

82,5

0808 20 50

052

99,5

720

48,4

999

74,0

---

(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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| 9.11.2005 | EN | Official Journal of the European Union | L 293/3 |
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9.11.2005

EN

Official Journal of the European Union

L 293/3

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COMMISSION REGULATION (EC) No 1819/2005

of 8 November 2005

adopting a plan allocating resources to the Member States to be charged against 2006 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community (1) and in particular Article 6 thereof,

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

Whereas:

| (1) | In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), the Commission has to adopt a distribution plan to be financed from resources available in the 2006 budget year. The plan should lay down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies. |
| --- | --- |

(1)

In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), the Commission has to adopt a distribution plan to be financed from resources available in the 2006 budget year. The plan should lay down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.

| (2) | The Member States involved in the plan for 2006 have supplied the information required in accordance with Article 1 of Regulation (EEC) No 3149/92. |
| --- | --- |

(2)

The Member States involved in the plan for 2006 have supplied the information required in accordance with Article 1 of Regulation (EEC) No 3149/92.

| (3) | For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States have used the resources allocated to them in previous years. |
| --- | --- |

(3)

For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States have used the resources allocated to them in previous years.

| (4) | Article 2(3)(1)(c) of Regulation (EEC) No 3149/92 provides for the making of grants for the purchase on the market of products temporarily unavailable in intervention stocks. Since stocks of skimmed-milk powder currently held by intervention agencies are very low and arrangements have already been made for their sale on the market, it is necessary to fix the grant in order to allow skimmed-milk powder required for the 2006 plan to be purchased on the market. Furthermore, specific provisions need to be introduced to ensure that the supply contract is properly carried out. |
| --- | --- |

(4)

Article 2(3)(1)(c) of Regulation (EEC) No 3149/92 provides for the making of grants for the purchase on the market of products temporarily unavailable in intervention stocks. Since stocks of skimmed-milk powder currently held by intervention agencies are very low and arrangements have already been made for their sale on the market, it is necessary to fix the grant in order to allow skimmed-milk powder required for the 2006 plan to be purchased on the market. Furthermore, specific provisions need to be introduced to ensure that the supply contract is properly carried out.

| (5) | Article 7(1) of Regulation (EEC) No 3149/92 provides for the transfer between Member States of products unavailable in intervention stocks of the Member State where such products are required for the implementation of an annual plan. The intra-Community transfers necessary to carry through the 2006 plan should therefore be authorised subject to the conditions provided for in Article 7 of Regulation (EEC) No 3149/92. |
| --- | --- |

(5)

Article 7(1) of Regulation (EEC) No 3149/92 provides for the transfer between Member States of products unavailable in intervention stocks of the Member State where such products are required for the implementation of an annual plan. The intra-Community transfers necessary to carry through the 2006 plan should therefore be authorised subject to the conditions provided for in Article 7 of Regulation (EEC) No 3149/92.

| (6) | To implement the plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts. |
| --- | --- |

(6)

To implement the plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts.

| (7) | In accordance with Article 2(2) of Regulation (EEC) No 3149/92 the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the Community when drawing up the plan. |
| --- | --- |

(7)

In accordance with Article 2(2) of Regulation (EEC) No 3149/92 the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the Community when drawing up the plan.

| (8) | The measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,

HAS ADOPTED THIS REGULATION:

Article 1

For 2006, the distribution of foodstuffs for the benefit of the most deprived persons in the Community under Regulation (EEC) No 3730/87 shall be supplied in accordance with the distribution plan set out in Annex I to this Regulation.

Article 2

1.   The grants to Member States for the purchase on the market of skimmed-milk powder required for the plan referred to in Article 1 are fixed in Annex II.

2.   The award to the successful tenderer of the contract for the supply of the skimmed-milk powder referred to in paragraph 1 is subject to the provision by the tenderer of a security equivalent to the offer price, made out in the name of the intervention agency.

Article 3

The intra-Community transfer of products listed in Annex III to this Regulation are hereby authorised subject to the conditions provided for in Article 7 of Regulation (EEC) No 3149/92.

Article 4

In order to implement the plan referred to in Article 1 of this Regulation, the date of the operative event referred to in Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2005.

Article 5

This Regulation shall enter into force on the 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, 8 November 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 352, 15.12.1987, p. 1. Regulation as amended by Regulation (EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).

1

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

2

(3)  
  OJ L 313, 30.10.1992, p. 50. Regulation as last amended by Regulation (EC) No 1608/2005 (OJ L 256, 30.9.2005, p. 13).

3

---

ANNEX I

Annual distribution plan for 2006

| (a) | Financial resources made available to implement the plan in each Member State:






  (in euro) |
| --- | --- |
| Member State | Allocation |
| Belgium | 3 064 940 |
| Greece | 7 127 822 |
| Spain | 53 793 470 |
| France | 48 059 949 |
| Ireland | 355 874 |
| Italy | 73 538 420 |
| Latvia | 2 096 236 |
| Lithuania | 2 489 508 |
| Luxembourg | 34 959 |
| Hungary | 6 764 115 |
| Malta | 401 030 |
| Poland | 43 408 602 |
| Portugal | 13 306 532 |
| Slovenia | 1 334 827 |
| Finland | 3 637 860 |
| Total | 259 414 143 |

(a)

(in euro)

Member State

Allocation

Belgium

3 064 940

Greece

7 127 822

Spain

53 793 470

France

48 059 949

Ireland

355 874

Italy

73 538 420

Latvia

2 096 236

Lithuania

2 489 508

Luxembourg

34 959

Hungary

6 764 115

Malta

401 030

Poland

43 408 602

Portugal

13 306 532

Slovenia

1 334 827

Finland

3 637 860

Total

259 414 143

| (b) | Quantity of each type of product to be withdrawn from Community intervention stocks for distribution in each Member State subject to the maximum amounts laid down in (a):









  (tonnes) |
| --- | --- |
| Member State | Cereals | Rice (paddy rice) | Butter | Sugar |
| Belgium | 12 121 | 2 800 | 450 | |
| Greece | | 15 000 | | |
| Spain | 73 726 | 28 000 | 13 560 | 2 000 |
| France | 75 851 | 55 000 | 10 564 | |
| Ireland | | | 120 | |
| Italy | 115 253 | 20 000 | 6 833 | 3 500 |
| Latvia | 19 706 | | | |
| Lithuania | 16 000 | 5 000 | | |
| Hungary | 63 587 | | | |
| Malta | 1 877 | 600 | | |
| Poland | 85 608 | 20 000 | 7 230 | 4 847 |
| Portugal | 17 287 | 14 000 | 2 743 | 1 700 |
| Slovenia | 1 262 | 600 | | 300 |
| Finland | 18 500 | | | 500 |
| Total | 500 778 | 161 000 | 41 500 | 12 847 |

(b)

(tonnes)

Member State

Cereals

Rice (paddy rice)

Butter

Sugar

Belgium

12 121

2 800

450

Greece

15 000

Spain

73 726

28 000

13 560

2 000

France

75 851

55 000

10 564

Ireland

120

Italy

115 253

20 000

6 833

3 500

Latvia

19 706

Lithuania

16 000

5 000

Hungary

63 587

Malta

1 877

600

Poland

85 608

20 000

7 230

4 847

Portugal

17 287

14 000

2 743

1 700

Slovenia

1 262

600

300

Finland

18 500

500

Total

500 778

161 000

41 500

12 847

---

ANNEX II

Grants to Member States for purchase of skimmed-milk powder on the Community market subject to the maximum amounts laid down in Annex I(a):

| Member State | Euros |
| --- | --- |
| Greece | 4 538 402 |
| Italy | 33 849 510 |
| Luxembourg | 33 295 |
| Malta | 101 734 |
| Poland | 6 185 397 |
| Slovenia | 863 810 |
| Finland | 1 274 443 |
| Total | 46 846 591 |

Member State

Euros

Greece

4 538 402

Italy

33 849 510

Luxembourg

33 295

Malta

101 734

Poland

6 185 397

Slovenia

863 810

Finland

1 274 443

Total

46 846 591

---

ANNEX III

Intra-Community transfers authorised under the plan for 2006

| Product | Quantity
  (tonnes) | Holder | Consignee |
| --- | --- | --- | --- |
| 1. | Cereals |

Product

Quantity

(tonnes)

Holder

Consignee

1.

Cereals

73 726

Ministry of Agriculture, France

FEGA, Spain

| 2. | Cereals |
| --- | --- |

2.

Cereals

115 253

Ministry of Agriculture, France

AGEA, Italy

| 3. | Cereals |
| --- | --- |

3.

Cereals

17 287

Ministry of Agriculture, France

INGA, Portugal

| 4. | Cereals |
| --- | --- |

4.

Cereals

1 262

MVH, Hungary

AAMRD, Slovenia

| 5. | Cereals |
| --- | --- |

5.

Cereals

1 877

Ministry of Agriculture, France

National Research and Development Centre, Malta

| 6. | Rice |
| --- | --- |

6.

Rice

5 000

Ministry of Agriculture, Greece

Agricultural and Food Products Market Regulation Agency, Lithuania

| 7. | Rice |
| --- | --- |

7.

Rice

20 000

Ministry of Agriculture, Greece

ARR, Poland

| 8. | Rice |
| --- | --- |

8.

Rice

14 000

FEGA, Spain

INGA, Portugal

| 9. | Rice |
| --- | --- |

9.

Rice

2 800

Ente Risi, Italy

BIRB, Belgium

| 10. | Rice |
| --- | --- |

10.

Rice

38 396

Ente Risi, Italy

Ministry of Agriculture, France

| 11. | Rice |
| --- | --- |

11.

Rice

600

Ente Risi, Italy

National Research and Development Centre, Malta

| 12. | Rice |
| --- | --- |

12.

Rice

600

Ente Risi, Italy

AAMRD, Slovenia

| 13. | Sugar |
| --- | --- |

13.

Sugar

1 700

FEGA Spain

INGA, Portugal

| 14. | Sugar |
| --- | --- |

14.

Sugar

500

ARR, Poland

Ministry of Agriculture, Finland

| 15. | Sugar |
| --- | --- |

15.

Sugar

300

AGEA, Italy

AAMRD, Slovenia

| 16. | Butter |
| --- | --- |

16.

Butter

450

Department of Agriculture and Food, Ireland

BIRB, Belgium

| 17. | Butter |
| --- | --- |

17.

Butter

8 997

Department of Agriculture and Food, Ireland

Ministry of Agriculture, France

| 18. | Butter |
| --- | --- |

18.

Butter

6 164

Department of Agriculture and Food, Ireland

ARR, Poland

| 19. | Butter |
| --- | --- |

19.

Butter

631

FEGA, Spain

AGEA, Italy

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/8 |
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9.11.2005

EN

Official Journal of the European Union

L 293/8

---

COMMISSION REGULATION (EC) No 1820/2005

of 8 November 2005

amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1623/2000 (2) provides for a system of disposal of wine alcohol by invitation to tender for use as bio-ethanol in the fuel sector in the Community. In order to enable the highest selling price to be obtained for such alcohol, the conditions for competition on the wine alcohol market should be improved. |
| --- | --- |

(1)

Commission Regulation (EC) No 1623/2000 (2) provides for a system of disposal of wine alcohol by invitation to tender for use as bio-ethanol in the fuel sector in the Community. In order to enable the highest selling price to be obtained for such alcohol, the conditions for competition on the wine alcohol market should be improved.

| (2) | To that end, firstly, an increase in the number of tenderers should be encouraged by simplifying the approval procedure. Secondly, where applicable, those undertakings should have the possibility of freely choosing on the market the clients to whom they will sell on the processed alcohol for its final use. |
| --- | --- |

(2)

To that end, firstly, an increase in the number of tenderers should be encouraged by simplifying the approval procedure. Secondly, where applicable, those undertakings should have the possibility of freely choosing on the market the clients to whom they will sell on the processed alcohol for its final use.

| (3) | To that end, tenderers should not be required, on presentation of their tenders, to indicate the destination and the final purchasers of the alcohol, provided that final use takes place in the form of bio-ethanol in the fuel sector in the Community. |
| --- | --- |

(3)

To that end, tenderers should not be required, on presentation of their tenders, to indicate the destination and the final purchasers of the alcohol, provided that final use takes place in the form of bio-ethanol in the fuel sector in the Community.

| (4) | In order to better ensure that the planned final use of the alcohol is complied with, the amount of the performance guarantee should be increased. |
| --- | --- |

(4)

In order to better ensure that the planned final use of the alcohol is complied with, the amount of the performance guarantee should be increased.

| (5) | The conditions for the participation of undertakings in invitations to tender as regards the date of their approval should be set out in greater detail. |
| --- | --- |

(5)

The conditions for the participation of undertakings in invitations to tender as regards the date of their approval should be set out in greater detail.

| (6) | The exchange of information between the intervention agencies, the Member States and the Commission should be made more transparent and efficient. |
| --- | --- |

(6)

The exchange of information between the intervention agencies, the Member States and the Commission should be made more transparent and efficient.

| (7) | Regulation (EC) No 1623/2000 should be amended accordingly. |
| --- | --- |

(7)

Regulation (EC) No 1623/2000 should be amended accordingly.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1623/2000 is amended as follows:

| 1. | Article 92 is amended as follows:






  (a) | paragraph 2 is amended as follows:






  (i) | point (c) is replaced by the following:






  ‘(c) | the place of establishment and a copy of the plans of the plant where the alcohol is processed into absolute alcohol, and an indication of the annual processing capacity;’ |
| --- | --- | --- | --- | --- |

1.

Article 92 is amended as follows:

(a)

paragraph 2 is amended as follows:

(i)

point (c) is replaced by the following:

‘(c)

the place of establishment and a copy of the plans of the plant where the alcohol is processed into absolute alcohol, and an indication of the annual processing capacity;’

| (ii) | point (e) is replaced by the following:






  ‘(e) | an assurance by the undertaking that all final purchasers of the alcohol will only use it for the production of fuel in the Community in the form of bio-ethanol;’ |
| --- | --- | --- |

(ii)

point (e) is replaced by the following:

‘(e)

an assurance by the undertaking that all final purchasers of the alcohol will only use it for the production of fuel in the Community in the form of bio-ethanol;’

| (b) | paragraph 5 is replaced by the following:

  ‘5.   Member States shall inform the Commission without delay of any new approval or withdrawal of approval, indicating the exact date of the decision.’ |
| --- | --- |

(b)

paragraph 5 is replaced by the following:

‘5.   Member States shall inform the Commission without delay of any new approval or withdrawal of approval, indicating the exact date of the decision.’

| 2. | Article 94(1) and (2) is replaced by the following:

  ‘1.   Tenders must come from undertakings approved at the date of publication of the notice of invitation to tender.


  2.   Tenderers may submit only one tender for each lot to be awarded. If a tenderer submits more than one tender for each lot, none of those tenders shall be admissible.’ |
| --- | --- |

2.

Article 94(1) and (2) is replaced by the following:

‘1.   Tenders must come from undertakings approved at the date of publication of the notice of invitation to tender.

2.   Tenderers may submit only one tender for each lot to be awarded. If a tenderer submits more than one tender for each lot, none of those tenders shall be admissible.’

| 3. | Article 94a(c) is deleted. |
| --- | --- |

3.

Article 94a(c) is deleted.

| 4. | Article 94b(3) is replaced by the following:

  ‘3.   The Commission shall notify the decisions taken under this Article to those Member States and intervention agencies holding alcohol to which tenders have been submitted.’ |
| --- | --- |

4.

Article 94b(3) is replaced by the following:

‘3.   The Commission shall notify the decisions taken under this Article to those Member States and intervention agencies holding alcohol to which tenders have been submitted.’

| 5. | Article 94c is replaced by the following:

  ‘Article 94c

  Statement of award and notification to the Commission

  1.   The intervention agency shall inform tenderers in writing, without delay against a receipt, of the decision taken on their tenders.


  2.   Within five working days of receipt of the notification referred to in Article 94b(3), the intervention agency shall inform the Commission of the name and address of the tenderer for each tender submitted.


  3.   Within two weeks of the date of receipt of the information notice referred to in paragraph 1, the intervention agency shall issue each successful tenderer with a statement of award certifying that their tender has been accepted.


  4.   Within two weeks of the date of receipt of the information notice referred to in paragraph 1, each successful tenderer shall provide proof that they have lodged with the intervention agency concerned a performance guarantee of EUR 40 per hectolitre of alcohol at 100 % vol. to ensure that all the alcohol awarded is used in accordance with the purpose stated in Article 92(1).’ |
| --- | --- |

5.

Article 94c is replaced by the following:

‘Article 94c

Statement of award and notification to the Commission

1.   The intervention agency shall inform tenderers in writing, without delay against a receipt, of the decision taken on their tenders.

2.   Within five working days of receipt of the notification referred to in Article 94b(3), the intervention agency shall inform the Commission of the name and address of the tenderer for each tender submitted.

3.   Within two weeks of the date of receipt of the information notice referred to in paragraph 1, the intervention agency shall issue each successful tenderer with a statement of award certifying that their tender has been accepted.

4.   Within two weeks of the date of receipt of the information notice referred to in paragraph 1, each successful tenderer shall provide proof that they have lodged with the intervention agency concerned a performance guarantee of EUR 40 per hectolitre of alcohol at 100 % vol. to ensure that all the alcohol awarded is used in accordance with the purpose stated in Article 92(1).’

Article 2

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

It shall apply from 1 January 2006.

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

Done at Brussels, 8 November 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation (EC) No 1219/2005 (OJ L 199, 29.7.2005, p. 45).

2

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/10 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/10

---

COMMISSION REGULATION (EC) No 1821/2005

of 8 November 2005

amending Regulation (EC) No 1653/2004 as regards the posts of accounting officers of executive agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 15 thereof,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Council,

Having regard to the opinion of the Court of Auditors,

Whereas:

| (1) | Article 30 of the Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (2) provides that the management board of an executive agency shall appoint an accounting officer of the executive agency, who is an official subject to the Staff Regulations. |
| --- | --- |

(1)

Article 30 of the Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (2) provides that the management board of an executive agency shall appoint an accounting officer of the executive agency, who is an official subject to the Staff Regulations.

| (2) | The responsibilities of the accounting officer of an executive agency, which are set out in that Article 30, are limited to the administrative budget of the executive agency, whereas the accounting officer of the Commission is responsible for all tasks relating to the operational budget implemented by executive agencies. |
| --- | --- |

(2)

The responsibilities of the accounting officer of an executive agency, which are set out in that Article 30, are limited to the administrative budget of the executive agency, whereas the accounting officer of the Commission is responsible for all tasks relating to the operational budget implemented by executive agencies.

| (3) | The Commission has encountered problems in finding appropriate candidates for the post of accounting officer of an executive agency to be seconded to this body. |
| --- | --- |

(3)

The Commission has encountered problems in finding appropriate candidates for the post of accounting officer of an executive agency to be seconded to this body.

| (4) | The function of an accounting officer of an executive agency could be entrusted to temporary staff within the meaning of Article 2(a) of the Conditions of Employment of Other Servants of the European Communities, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (3). |
| --- | --- |

(4)

The function of an accounting officer of an executive agency could be entrusted to temporary staff within the meaning of Article 2(a) of the Conditions of Employment of Other Servants of the European Communities, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (3).

| (5) | Therefore, Regulation (EC) No 1653/2004 should be amended accordingly, |
| --- | --- |

(5)

Therefore, Regulation (EC) No 1653/2004 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 30 of Regulation (EC) No 1653/2004, the introductory phrase of the first paragraph is replaced by the following:

‘The management board shall appoint an accounting officer, who shall be a seconded official or a member of the temporary staff directly recruited by the agency and who shall be responsible for:’

Article 2

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

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

Done at Brussels, 8 November 2005.

For the Commission

Dalia GRYBAUSKAITĖ

Member of the Commission

---

(1)  
  OJ L 11, 16.1.2003, p. 1.

1

(2)  
  OJ L 297, 22.9.2004, p. 6.

2

(3)  
  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

3

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/11 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/11

---

COMMISSION REGULATION (EC) No 1822/2005

of 8 November 2005

amending Regulation (EC) No 466/2001 as regards nitrate in certain vegetables

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,

After consulting the Scientific Committee on Food,

Whereas:

| (1) | Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2), as amended by Regulation (EC) No 563/2002 (3), makes provision in particular for specific measures concerning nitrate levels in lettuce and spinach and lays down transitional periods during which lettuce and spinach containing nitrate in excess of the maximum level can be marketed within national territory. |
| --- | --- |

(1)

Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2), as amended by Regulation (EC) No 563/2002 (3), makes provision in particular for specific measures concerning nitrate levels in lettuce and spinach and lays down transitional periods during which lettuce and spinach containing nitrate in excess of the maximum level can be marketed within national territory.

| (2) | Despite developments in the application of good agricultural practice, monitoring data from Member States indicate ongoing problems in complying with the maximum levels of nitrate for lettuce and spinach. |
| --- | --- |

(2)

Despite developments in the application of good agricultural practice, monitoring data from Member States indicate ongoing problems in complying with the maximum levels of nitrate for lettuce and spinach.

| (3) | Many of the failures to comply with the maximum levels for nitrate in fresh spinach occur in the month of October. The summer period for spinach currently includes October, whereas for lettuce October is in the winter period. For consistency, October should be included in the winter period for fresh spinach. |
| --- | --- |

(3)

Many of the failures to comply with the maximum levels for nitrate in fresh spinach occur in the month of October. The summer period for spinach currently includes October, whereas for lettuce October is in the winter period. For consistency, October should be included in the winter period for fresh spinach.

| (4) | In regions where there are difficulties to keep nitrate below the maximum levels for fresh lettuce and fresh spinach, for example when associated with less daily sunlight, certain Member States have requested derogations and provided sufficient information to demonstrate that investigations are underway to help reduce levels in the future. |
| --- | --- |

(4)

In regions where there are difficulties to keep nitrate below the maximum levels for fresh lettuce and fresh spinach, for example when associated with less daily sunlight, certain Member States have requested derogations and provided sufficient information to demonstrate that investigations are underway to help reduce levels in the future.

| (5) | Pending further developments in the application of good agricultural practice, it is appropriate to authorise those Member States for a limited period to allow fresh lettuce and fresh spinach containing nitrate above the maximum levels to continue to be marketed, but solely within their national territory and for national consumption. |
| --- | --- |

(5)

Pending further developments in the application of good agricultural practice, it is appropriate to authorise those Member States for a limited period to allow fresh lettuce and fresh spinach containing nitrate above the maximum levels to continue to be marketed, but solely within their national territory and for national consumption.

| (6) | Nitrate is present in other vegetables, sometimes at high levels. To inform future discussions on a longer-term strategy for managing the risk from nitrate in vegetables, Member States should monitor nitrate levels in vegetables and aim to reduce levels where feasible, in particular by applying improved codes of good agricultural practice. An updated scientific risk assessment from the European Food Safety Authority would help to clarify the risks posed by nitrate in vegetables. The maximum levels laid down in Regulation (EC) No 466/2001 would be reviewed taking into account information from the above activities. |
| --- | --- |

(6)

Nitrate is present in other vegetables, sometimes at high levels. To inform future discussions on a longer-term strategy for managing the risk from nitrate in vegetables, Member States should monitor nitrate levels in vegetables and aim to reduce levels where feasible, in particular by applying improved codes of good agricultural practice. An updated scientific risk assessment from the European Food Safety Authority would help to clarify the risks posed by nitrate in vegetables. The maximum levels laid down in Regulation (EC) No 466/2001 would be reviewed taking into account information from the above activities.

| (7) | Regulation (EC) No 466/2001 should be amended accordingly. |
| --- | --- |

(7)

Regulation (EC) No 466/2001 should be amended accordingly.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 466/2001 is amended as follows:

| 1. | Article 3 is deleted; |
| --- | --- |

1.

Article 3 is deleted;

| 2. | the following Article 3a is inserted:

  ‘Article 3a
  Member States shall monitor nitrate levels in vegetables containing significant levels, in particular green leafy vegetables, and communicate the results to the Commission by 30 June each year.’; |
| --- | --- |

2.

the following Article 3a is inserted:

‘Article 3a

Member States shall monitor nitrate levels in vegetables containing significant levels, in particular green leafy vegetables, and communicate the results to the Commission by 30 June each year.’;

| 3. | the following Article 3b is inserted:

  ‘Article 3b

  1.   By way of derogation from Article 1(1), Belgium, Ireland, the Netherlands and the United Kingdom are authorised until 31 December 2008 to place on the market fresh spinach grown and intended for consumption in their territory with nitrate levels higher than the maximum levels set out in point 1.1 of Annex I.


  2.   By way of derogation from Article 1(1), Ireland and the United Kingdom are authorised until 31 December 2008 to place on the market fresh lettuce grown and intended for consumption in their territory and harvested throughout the year with nitrate levels higher than the maximum levels set out in point 1.3 of Annex I.
  By way of derogation from Article 1(1), France is authorised until 31 December 2008 to place on the market fresh lettuce grown and intended for consumption in its territory and harvested from 1 October to 31 March with nitrate levels higher than the maximum levels set out in point 1.3 of Annex I.’; |
| --- | --- |

3.

the following Article 3b is inserted:

‘Article 3b

1.   By way of derogation from Article 1(1), Belgium, Ireland, the Netherlands and the United Kingdom are authorised until 31 December 2008 to place on the market fresh spinach grown and intended for consumption in their territory with nitrate levels higher than the maximum levels set out in point 1.1 of Annex I.

2.   By way of derogation from Article 1(1), Ireland and the United Kingdom are authorised until 31 December 2008 to place on the market fresh lettuce grown and intended for consumption in their territory and harvested throughout the year with nitrate levels higher than the maximum levels set out in point 1.3 of Annex I.

By way of derogation from Article 1(1), France is authorised until 31 December 2008 to place on the market fresh lettuce grown and intended for consumption in its territory and harvested from 1 October to 31 March with nitrate levels higher than the maximum levels set out in point 1.3 of Annex I.’;

| 4. | Section 1 of Annex I to Regulation (EC) No 466/2001 is replaced by the table as laid down in the Annex to this Regulation. |
| --- | --- |

4.

Section 1 of Annex I to Regulation (EC) No 466/2001 is replaced by the table as laid down in the Annex to this Regulation.

Article 2

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, 8 November 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 37, 13.2.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

1

(2)  
  OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 856/2005 (OJ L 143, 7.6.2005, p. 3).

2

(3)  
  OJ L 86, 3.4.2002, p. 5.

3

---

ANNEX

Section 1 of Annex I to Regulation (EC) No 466/2001 shall be replaced by the following:

‘Section 1:   Nitrate

| Product | Maximum level (mg NO3/kg) | Sampling method | Reference analysis method |
| --- | --- | --- | --- |
| 1.1. | Fresh spinach (1) (Spinacia oleracea) |

Product

Maximum level (mg NO3/kg)

Sampling method

Reference analysis method

1.1.

Fresh spinach (1) (Spinacia oleracea)

Harvested 1 October to 31 March

3 000

Commission Directive 2002/63/EC (2)

Harvested 1 April to 30 September

2 500

| 1.2. | Preserved, deep-frozen or frozen spinach |
| --- | --- |

1.2.

Preserved, deep-frozen or frozen spinach

2 000

Directive 2002/63/EC

| 1.3. | Fresh lettuce (Lactuca sativa L.) (protected and open-grown lettuce) excluding lettuce listed in point 1.4. |
| --- | --- |

1.3.

Fresh lettuce (Lactuca sativa L.) (protected and open-grown lettuce) excluding lettuce listed in point 1.4.

Harvested 1 October to 31 March:

Directive 2002/63/EC. However, the minimum number of units per laboratory sample is 10

lettuce grown under cover

4 500  (3)

lettuce grown in the open air

4 000  (3)

Harvested 1 April to 30 September:

lettuce grown under cover

3 500  (3)

lettuce grown in the open air

2 500  (3)

| 1.4. | “Iceberg” type lettuces (4) |
| --- | --- |

1.4.

“Iceberg” type lettuces (4)

Lettuce grown under cover

2 500  (3)

Directive 2002/63/EC. However, the minimum number of units per laboratory sample is 10

Lettuce grown in the open air

2 000  (3)

| 1.5. | Baby foods and processed cereal-based foods for infants and young children (5)
   (6) |
| --- | --- |

1.5.

Baby foods and processed cereal-based foods for infants and young children (5)
   (6)

200

Directive 2002/63/EC (provisions as foreseen for processed foods of plant origin and for processed foods of animal origin)

---

(1)  The maximum levels for fresh spinach do not apply for fresh spinach to be subjected to processing and which is directly transported in bulk from field to processing plant.

1

(2)  
  OJ L 187, 16.7.2002, p. 30.

2

(3)  In the absence of appropriate labelling, indicating the production method, the level established for open grown lettuce applies.

3

(4)  Described in Commission Regulation (EC) 1543/2001 of 27 July 2001 laying down the marketing standard for lettuces and curled-leaved and broad-leaved (Batavian) endives (OJ L 203, 28.7.2001, p. 9).

4

(5)  Baby foods and processed cereal-based foods for infants and young children as defined in Article 1 of Commission Directive 96/5/EC, Euratom of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996, p. 17). The maximum levels shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.

5

(6)  The Commission shall review the maximum levels for nitrate in foods for infants and young children by 1 April 2006 taking into account the progress in scientific and technological knowledge.’

6

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/14 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/14

---

COMMISSION DIRECTIVE 2005/76/EC

of 8 November 2005

amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin fixed therein

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,

Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 7 thereof,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), and in particular Article 4(1)(f) thereof,

Whereas:

| (1) | In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops. |
| --- | --- |

(1)

In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.

| (2) | Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake. |
| --- | --- |

(2)

Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.

| (3) | MRLs for pesticides should be kept under review. They may be changed to take account of new uses, new information and data. |
| --- | --- |

(3)

MRLs for pesticides should be kept under review. They may be changed to take account of new uses, new information and data.

| (4) | MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data. |
| --- | --- |

(4)

MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data.

| (5) | Information on new or changed uses of certain pesticides covered by Directive 90/642/EEC and Directive 86/362/EEC has been notified to the Commission. This concerns kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin. |
| --- | --- |

(5)

Information on new or changed uses of certain pesticides covered by Directive 90/642/EEC and Directive 86/362/EEC has been notified to the Commission. This concerns kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin.

| (6) | The lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides, has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (4). It has been calculated that the MRLs concerned will ensure that the acceptable daily intake is not exceeded. |
| --- | --- |

(6)

The lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides, has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (4). It has been calculated that the MRLs concerned will ensure that the acceptable daily intake is not exceeded.

| (7) | An assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed. |
| --- | --- |

(7)

An assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.

| (8) | Therefore it is appropriate to fix new maximum levels for residues of those pesticides. |
| --- | --- |

(8)

Therefore it is appropriate to fix new maximum levels for residues of those pesticides.

| (9) | The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for metalaxyl in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of metalaxyl or metalaxyl-M. The provisional Community MRL should then become definitive. |
| --- | --- |

(9)

The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for metalaxyl in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of metalaxyl or metalaxyl-M. The provisional Community MRL should then become definitive.

| (10) | Directives 90/642/EEC and 86/362/EEC should therefore be amended accordingly. |
| --- | --- |

(10)

Directives 90/642/EEC and 86/362/EEC should therefore be amended accordingly.

| (11) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Part A of Annex II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.

Article 2

Part A of Annex II to Directive 90/642/EEC is amended in accordance with Annex II to this Directive.

Article 3

1.   Member States shall adopt and publish, by 9 May 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 10 May 2006.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 8 November 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/48/EC (OJ L 219, 24.8.2005, p. 29).

1

(2)  
  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/48/EC.

2

(3)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

3

(4)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

4

---

ANNEX I

In part A of Annex II to Directive 86/362/EEC, the line for metalaxyl is replaced by the following:

| Pesticide residue | Maximum level in mg/kg |
| --- | --- |
| ‘Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers) | 0,05  (*1)
   (p)

  CEREALS |

Pesticide residue

Maximum level in mg/kg

‘Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)

0,05  (*1)
   (p)

CEREALS

---

(*1)  Indicates lower limit of analytical determination.

*1

(p)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’

p

---

ANNEX II

In part A of Annex II to Directive 90/642/EEC, the lines for kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin are replaced by the following:

| Pesticide residue and maximum residue level (mg/kg) |
| --- |
| Groups and examples of individual products to which the MRLs would apply | Kresoximmethyl | Cyromazine | Bifenthrin | Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers) | Azoxystrobin |
| ‘1.   Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts |
| (i) | CITRUS FRUIT |

Pesticide residue and maximum residue level (mg/kg)

Groups and examples of individual products to which the MRLs would apply

Kresoximmethyl

Cyromazine

Bifenthrin

Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)

Azoxystrobin

Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

(i)

CITRUS FRUIT

0,05  (*1)

0,05  (*1)

0,1

0,5  (p)

1

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

| (ii) | TREE NUTS (shelled or unshelled) |
| --- | --- |

(ii)

TREE NUTS (shelled or unshelled)

0,1  (*1)

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,1  (*1)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

| (iii) | POME FRUIT |
| --- | --- |

(iii)

POME FRUIT

0,2

0,05  (*1)

0,3

1  (p)

0,05  (*1)

Apples

Pears

Quinces

Others

| (iv) | STONE FRUIT |
| --- | --- |

(iv)

STONE FRUIT

0,05  (*1)

0,05  (*1)

0,2

0,05  (*1)
   (p)

0,05  (*1)

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

| (v) | BERRIES AND SMALL FRUIT |
| --- | --- |

(v)

BERRIES AND SMALL FRUIT

0,05  (*1)

| (a) | Table and wine grapes |
| --- | --- |

(a)

Table and wine grapes

1

0,2

2

Table grapes

2  (p)

Wine grapes

1  (p)

| (b) | Strawberries (other than wild) |
| --- | --- |

(b)

Strawberries (other than wild)

1

0,5

0,5  (p)

2

| (c) | Cane fruit (other than wild) |
| --- | --- |

(c)

Cane fruit (other than wild)

0,05  (*1)

0,05  (*1)
   (p)

Blackberries

0,3

3

Dewberries

Loganberries

Raspberries

0,3

3

Others

0,05  (*1)

0,05  (*1)

| (d) | Other small fruit and berries (other than wild) |
| --- | --- |

(d)

Other small fruit and berries (other than wild)

0,05  (*1)
   (p)

0,05  (*1)

Bilberries

Cranberries

Currants (red, black and white)

1

0,5

Gooseberries

1

Others

0,05  (*1)

0,05  (*1)

| (e) | Wild berries and wild fruit |
| --- | --- |

(e)

Wild berries and wild fruit

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (vi) | MISCELLANEOUS |
| --- | --- |

(vi)

MISCELLANEOUS

0,05  (*1)

0,05  (*1)
   (p)

Avocados

Bananas

0,1

2

Dates

Figs

Kiwi

Kumquats

Litchis

Mangoes

0,2

Olives

0,2

Papaya

0,2

Passion fruit

Pineapples

Pomegranate

Others

0,05  (*1)

0,05  (*1)

0,05  (*1)

Vegetables, fresh or uncooked, frozen or dry

| (i) | ROOT AND TUBER VEGETABLES |
| --- | --- |

(i)

ROOT AND TUBER VEGETABLES

0,05  (*1)

0,05  (*1)

Beetroot

Carrots

1

0,1  (p)

0,2

Cassava

Celeriac

0,3

Horseradish

0,1  (p)

0,2

Jerusalem artichokes

Parsnips

0,1  (p)

0,2

Parsley root

0,2

Radishes

0,1  (p)

0,2

Salsify

0,2

Sweet potatoes

Swedes

Turnips

Yam

Others

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (ii) | BULB VEGETABLES |
| --- | --- |

(ii)

BULB VEGETABLES

0,05  (*1)

0,05  (*1)

0,05  (*1)

Garlic

0,5  (p)

Onions

0,5  (p)

Shallots

0,5  (p)

Spring onions

0,2  (p)

2

Others

0,05  (*1)
   (p)

0,05  (*1)

| (iii) | FRUITING VEGETABLES |
| --- | --- |

(iii)

FRUITING VEGETABLES

| (a) | Solanacea |
| --- | --- |

(a)

Solanacea

1

0,2

2

Tomatoes

0,5

0,2  (p)

Peppers

1

0,5  (p)

Aubergines

0,5

Others

0,05  (*1)

0,05  (*1)
   (p)

| (b) | Cucurbits — edible peel |
| --- | --- |

(b)

Cucurbits — edible peel

0,05  (*1)

1

0,1

1

Cucumbers

0,5  (p)

Gherkins

Courgettes

Others

0,05  (*1)
   (p)

| (c) | Cucurbits — inedible peel |
| --- | --- |

(c)

Cucurbits — inedible peel

0,2

0,05  (*1)

0,5

Melons

0,3

0,2  (p)

Squashes

Watermelons

0,3

0,2  (p)

Others

0,05  (*1)

0,05  (*1)
   (p)

| (d) | Sweet corn |
| --- | --- |

(d)

Sweet corn

0,05  (*1)

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (iv) | BRASSICA VEGETABLES |
| --- | --- |

(iv)

BRASSICA VEGETABLES

0,05  (*1)

0,05  (*1)

| (a) | Flowering brassica |
| --- | --- |

(a)

Flowering brassica

0,2

0,1  (p)

0,5

Broccoli (including Calabrese)

Cauliflower

Others

| (b) | Head brassica |
| --- | --- |

(b)

Head brassica

1

0,3

Brussels sprouts

Head cabbage

1  (p)

Others

0,05  (*1)
   (p)

| (c) | Leafy brassica |
| --- | --- |

(c)

Leafy brassica

0,05  (*1)

5

Chinese cabbage

Kale

0,2  (p)

Others

0,05  (*1)
   (p)

| (d) | Kohlrabi |
| --- | --- |

(d)

Kohlrabi

0,05  (*1)

0,05  (*1)
   (p)

0,2

| (v) | LEAF VEGETABLES AND FRESH HERBS |
| --- | --- |

(v)

LEAF VEGETABLES AND FRESH HERBS

0,05  (*1)

| (a) | Lettuce & similar |
| --- | --- |

(a)

Lettuce & similar

15

2

3

Cress

Lamb’s lettuce

Lettuce

2  (p)

Scarole (broad-leaf endive)

1  (p)

Others

0,05  (*1)
   (p)

| (b) | Spinach & similar |
| --- | --- |

(b)

Spinach & similar

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

Spinach

Beet leaves (chard)

Others

| (c) | Water cress |
| --- | --- |

(c)

Water cress

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (d) | Witloof |
| --- | --- |

(d)

Witloof

0,05  (*1)

0,05  (*1)

0,3  (p)

0,2

| (e) | Herbs |
| --- | --- |

(e)

Herbs

15

0,05  (*1)

1  (p)

3

Chervil

Chives

Parsley

Celery leaves

Others

| (vi) | LEGUME VEGETABLES (fresh) |
| --- | --- |

(vi)

LEGUME VEGETABLES (fresh)

0,05  (*1)

0,05  (*1)
   (p)

Beans (with pods)

5

0,5

1

Beans (without pods)

0,2

Peas (with pods)

5

0,1

0,5

Peas (without pods)

0,2

Others

0,05  (*1)

0,05  (*1)

0,05  (*1)

| (vii) | STEM VEGETABLES (fresh) |
| --- | --- |

(vii)

STEM VEGETABLES (fresh)

0,05  (*1)

Asparagus

Cardoons

Celery

2

5

Fennel

Globe artichokes

2

1

Leek

5

0,2  (p)

0,1

Rhubarb

Others

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (viii) | FUNGI |
| --- | --- |

(viii)

FUNGI

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

| (a) | Cultivated mushrooms |
| --- | --- |

(a)

Cultivated mushrooms

5

| (b) | Wild mushrooms |
| --- | --- |

(b)

Wild mushrooms

0,05  (*1)

| 3. | Pulses |
| --- | --- |

3.

0,05  (*1)

0,05  (*1)

0,05  (*1)

0,05  (*1)
   (p)

0,1

Beans

Lentils

Peas

Others

| 4. | Oilseeds |
| --- | --- |

4.

0,1  (*1)

0,05  (*1)

0,1  (*1)

0,1  (*1)
   (p)

Linseed

Peanuts

Poppy seed

Sesame seed

Sunflower seed

Rape seed

0,5

Soya bean

0,5

Mustard seed

Cotton seed

Others

0,05  (*1)

| 5. | Potatoes |
| --- | --- |

5.

0,05  (*1)

1

0,05  (*1)

0,05  (*1)
   (p)

0,05  (*1)

Early potatoes

Ware potatoes

| 6. | Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) |
| --- | --- |

6.

0,1  (*1)

0,05  (*1)

5

0,1  (*1)
   (p)

0,1  (*1)

| 7. | Hops (dried), including hop pellets and unconcentrated powder |
| --- | --- |

7.

0,1  (*1)

0,05  (*1)

10

10  (p)

20

---

(*1)  Indicates lower limit of analytical determination.

*1

(p)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’

p

---

II Acts whose publication is not obligatory

Commission

| 9.11.2005 | EN | Official Journal of the European Union | L 293/23 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/23

---

COMMISSION DECISION

of 13 October 2005

amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail

(notified under document number C(2005) 3555)

(Only the English text is authentic)

(Text with EEA relevance)

(2005/777/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (1), and in particular Article 6(9) thereof,

Whereas:

| (1) | Pursuant to Article 6(9) of Directive 96/49/EC, Member States must give the Commission advance notification of their derogations, for the first time by 31 December 2002 or up to two years after the last date of application of the amended versions of the Annex to the Directive. |
| --- | --- |

(1)

Pursuant to Article 6(9) of Directive 96/49/EC, Member States must give the Commission advance notification of their derogations, for the first time by 31 December 2002 or up to two years after the last date of application of the amended versions of the Annex to the Directive.

| (2) | Commission Directive 2003/29/EC (2) amended the Annex to Directive 96/49/EC. Under the terms of Directive 2003/29/EC Member States had to bring into force national legislation no later than 1 July 2003, the last date of application referred to in Article 6(9) of Directive 96/49/EC being 30 June 2003. |
| --- | --- |

(2)

Commission Directive 2003/29/EC (2) amended the Annex to Directive 96/49/EC. Under the terms of Directive 2003/29/EC Member States had to bring into force national legislation no later than 1 July 2003, the last date of application referred to in Article 6(9) of Directive 96/49/EC being 30 June 2003.

| (3) | Certain Member States had notified the Commission by 31 December 2003 of their wish to adopt derogations from Directive 96/49/EC. By Commission Decision 2005/180/EC of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail (3), the Commission authorised the adoption by those Member States of the derogations listed in Annexes I and II to that Decision. |
| --- | --- |

(3)

Certain Member States had notified the Commission by 31 December 2003 of their wish to adopt derogations from Directive 96/49/EC. By Commission Decision 2005/180/EC of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail (3), the Commission authorised the adoption by those Member States of the derogations listed in Annexes I and II to that Decision.

| (4) | Commission Directive 2004/89/EC (4) again amended the Annex to Directive 96/49/EC. Under the terms of Directive 2004/89/EC Member States had to bring into force national legislation at the latest by 1 October 2004, the last date of application referred to in Article 6(9) of Directive 96/49/EC being 30 September 2004. |
| --- | --- |

(4)

Commission Directive 2004/89/EC (4) again amended the Annex to Directive 96/49/EC. Under the terms of Directive 2004/89/EC Member States had to bring into force national legislation at the latest by 1 October 2004, the last date of application referred to in Article 6(9) of Directive 96/49/EC being 30 September 2004.

| (5) | The United Kingdom notified the Commission by 31 December 2004 of its wish to amend its existing derogations in Annex I to Decision 2005/180/EC. The Commission has examined the notifications for compliance with the conditions laid down in Article 6(9) of Directive 96/49/EC and has approved them. That Member State should therefore be authorised to adopt the derogations in question. |
| --- | --- |

(5)

The United Kingdom notified the Commission by 31 December 2004 of its wish to amend its existing derogations in Annex I to Decision 2005/180/EC. The Commission has examined the notifications for compliance with the conditions laid down in Article 6(9) of Directive 96/49/EC and has approved them. That Member State should therefore be authorised to adopt the derogations in question.

| (6) | It is therefore necessary to amend Annex I to Decision 2005/180/EC. |
| --- | --- |

(6)

It is therefore necessary to amend Annex I to Decision 2005/180/EC.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Committee on the transport of dangerous goods, set up under Article 9 of Council Directive 94/55/EC (5), |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the transport of dangerous goods, set up under Article 9 of Council Directive 94/55/EC (5),

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/180/EC is hereby amended as follows:

Annex I shall be amended by the derogations listed in the Annex to this Decision.

Article 2

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

Done at Brussels, 13 October 2005.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 235, 17.9.1996, p. 25. Directive as last amended by Commission Directive 2004/110/EC (OJ L 365, 10.12.2004, p. 24).

1

(2)  
  OJ L 90, 8.4.2003, p. 47.

2

(3)  
  OJ L 61, 8.3.2005, p. 41.

3

(4)  
  OJ L 293, 16.9.2004, p. 14.

4

(5)  
  OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2004/111/EC (OJ L 365, 10.12.2004, p. 25).

5

---

ANNEX

Derogations for Member States on small quantities of certain dangerous goods

THE UNITED KINGDOM

RA-SQ 15.2 (amended)

Subject: Movement of nominally empty fixed tanks not intended as transport equipment (N2).

Reference to the Annex to the Directive: Parts 5 and 7.

Content of the Annex to the Directive: Requirements concerning consignment procedures, carriage, operation and vehicles.

Reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004: Regulation 5(14).

Content of the national legislation:

Comments: Movement of such fixed tanks is not carriage of dangerous goods in the normal sense, and RID provisions cannot in practice be applied. As the tanks are ‘nominally empty’, the amount of dangerous goods actually contained in them is by definition extremely small.

RA-SQ 15.4 (amended)

Subject: To allow different ‘maximum total quantity per transport unit’ for Class 1 goods in Categories 1 and 2 of table in 1.1.3.1.

Reference to the Annex to the Directive: 1.1.3.1.

Content of the Annex to the Directive: Exemptions related to the nature of the transport operation.

Reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004: Regulation 3(7)(b).

Content of the national legislation: To lay down rules regarding exemptions for limited quantities and mixed loading of explosives.

Comments: To allow different limited quantity limits and mixed loading multiplication factors for Class 1 goods, namely ‘50’ for Category 1 and ‘500’ for Category 2. For the purpose of calculating mixed loads, the multiplication factors are to read ‘20’ for Transport Category 1 and ‘2’ for Transport Category 2.

RA-SQ 15.5 (amended)

Subject: Adoption of RA-SQ 6.6.

Reference to the Annex to the Directive: 5.3.1.3.2.

Content of the Annex to the Directive: Relaxation of placarding requirement for piggyback carriage.

Reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004: Regulation 7(12).

Content of the national legislation: The placarding requirement does not apply in cases where the vehicle placards are clearly visible.

Comments: This has always been a UK national provision.

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/26 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/26

---

COMMISSION DECISION

of 28 October 2005

recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of aminopyralid and fluopicolide in Annex I to Council Directive 91/414/EEC

(notified under document number C(2004) 4535)

(Text with EEA relevance)

(2005/778/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection on the market (1), and in particular Article 6(3) thereof,

Whereas:

| (1) | Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products. |
| --- | --- |

(1)

Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.

| (2) | A dossier for the active substance aminopyralid was submitted by Dow AgroSciences Ltd. to the authorities of the United Kingdom on 22 April 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC. For fluopicolide a dossier was submitted by Bayer CropScience, France to the authorities of the United Kingdom on 7 May 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC. |
| --- | --- |

(2)

A dossier for the active substance aminopyralid was submitted by Dow AgroSciences Ltd. to the authorities of the United Kingdom on 22 April 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC. For fluopicolide a dossier was submitted by Bayer CropScience, France to the authorities of the United Kingdom on 7 May 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.

| (3) | The authorities of the United Kingdom have indicated to the Commission that, on preliminary examination, the dossiers for the active substances concerned appear to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossiers submitted appear also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossiers were subsequently forwarded by the respective applicants to the Commission and other Member States, and were referred to the Standing Committee on the Food Chain and Animal Health. |
| --- | --- |

(3)

The authorities of the United Kingdom have indicated to the Commission that, on preliminary examination, the dossiers for the active substances concerned appear to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossiers submitted appear also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossiers were subsequently forwarded by the respective applicants to the Commission and other Member States, and were referred to the Standing Committee on the Food Chain and Animal Health.

| (4) | By this Decision it should be formally confirmed at Community level that the dossiers are considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC. |
| --- | --- |

(4)

By this Decision it should be formally confirmed at Community level that the dossiers are considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.

| (5) | This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier. |
| --- | --- |

(5)

This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

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

Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossiers concerning the active substances identified in the Annex to this Decision, which were submitted to the Commission and the Member States with a view to obtaining the inclusion of those substances in Annex I to that Directive, satisfy in principle the data and information requirements set out in Annex II to that Directive.

The dossiers also satisfy the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.

Article 2

The rapporteur Member States shall pursue the detailed examination for the dossiers concerned and shall report the conclusions of their examinations accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I of Directive 91/414/EEC and any conditions related thereto to the European Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 October 2005.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

1

---

ANNEX

ACTIVE SUBSTANCES CONCERNED BY THIS DECISION

| No | Common Name, CIPAC Identification Number | Applicant | Date of application | Rapporteur Member State |
| --- | --- | --- | --- | --- |
| 1 | Aminopyralid CIPAC-No not yet allocated | Dow AgroSciences Ltd | 22.4.2004 | UK |
| 3 | Fluopicolide CIPAC-No not yet allocated | Bayer CropScience, France | 7.5.2004 | UK |

No

Common Name, CIPAC Identification Number

Applicant

Date of application

Rapporteur Member State

1

Aminopyralid CIPAC-No not yet allocated

Dow AgroSciences Ltd

22.4.2004

UK

3

Fluopicolide CIPAC-No not yet allocated

Bayer CropScience, France

7.5.2004

UK

---

| 9.11.2005 | EN | Official Journal of the European Union | L 293/28 |
| --- | --- | --- | --- |

9.11.2005

EN

Official Journal of the European Union

L 293/28

---

COMMISSION DECISION

of 8 November 2005

concerning animal health protection measures against swine vesicular disease in Italy

(notified under document number C(2005) 4273)

(Text with EEA relevance)

(2005/779/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Whereas:

| (1) | Outbreaks of swine vesicular disease have been recorded in certain regions of Italy. |
| --- | --- |

(1)

Outbreaks of swine vesicular disease have been recorded in certain regions of Italy.

| (2) | Italy has taken measures to deal with outbreaks under Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (2). |
| --- | --- |

(2)

Italy has taken measures to deal with outbreaks under Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (2).

| (3) | Italy has also taken additional eradication and monitoring measures for swine vesicular disease covering the whole of Italy. These measures are laid down in yearly programmes for the eradication and monitoring of swine vesicular disease presented by Italy and approved in accordance with Article 24(6) and Articles 29 and 32 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (3). |
| --- | --- |

(3)

Italy has also taken additional eradication and monitoring measures for swine vesicular disease covering the whole of Italy. These measures are laid down in yearly programmes for the eradication and monitoring of swine vesicular disease presented by Italy and approved in accordance with Article 24(6) and Articles 29 and 32 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (3).

| (4) | Commission Decision 2004/840/EC of 30 November 2004 approving programmes for the eradication and monitoring of certain animal diseases and of checks aimed at the prevention of zoonoses presented by the Member States for the year 2005 and fixing the level of the Community’s financial contribution (4) approved the programme for the eradication and monitoring of swine vesicular disease presented by Italy for 2005. |
| --- | --- |

(4)

Commission Decision 2004/840/EC of 30 November 2004 approving programmes for the eradication and monitoring of certain animal diseases and of checks aimed at the prevention of zoonoses presented by the Member States for the year 2005 and fixing the level of the Community’s financial contribution (4) approved the programme for the eradication and monitoring of swine vesicular disease presented by Italy for 2005.

| (5) | The measures laid down in the yearly programmes for the eradication and monitoring of swine vesicular disease seek to recognise pig holdings as free of swine vesicular disease and to ensure that all regions of Italy achieve that status. The programmes also include rules on movement of and trade in live pigs from regions and holdings not of the same status as regards swine vesicular disease. |
| --- | --- |

(5)

The measures laid down in the yearly programmes for the eradication and monitoring of swine vesicular disease seek to recognise pig holdings as free of swine vesicular disease and to ensure that all regions of Italy achieve that status. The programmes also include rules on movement of and trade in live pigs from regions and holdings not of the same status as regards swine vesicular disease.

| (6) | Most regions of Italy with the exception of Abruzzi, Campania, Calabria and Sicily have been recognised as free from swine vesicular disease following the favourable results of repeated sampling and testing of pigs on all holdings under the yearly eradication and monitoring programmes. |
| --- | --- |

(6)

Most regions of Italy with the exception of Abruzzi, Campania, Calabria and Sicily have been recognised as free from swine vesicular disease following the favourable results of repeated sampling and testing of pigs on all holdings under the yearly eradication and monitoring programmes.

| (7) | However, given the nature of the disease and its persistence in certain regions of Italy, surveillance to detect swine vesicular disease at an early stage should be maintained in regions recognised as free from swine vesicular disease. |
| --- | --- |

(7)

However, given the nature of the disease and its persistence in certain regions of Italy, surveillance to detect swine vesicular disease at an early stage should be maintained in regions recognised as free from swine vesicular disease.

| (8) | The disease situation in regions that are not recognised as free from swine vesicular disease is also liable to endanger pig holdings in other regions of Italy through trade in live pigs. Pigs should therefore not be moved from regions not recognised as free from swine vesicular disease to other regions of Italy unless they originate from holdings that fulfil certain conditions. |
| --- | --- |

(8)

The disease situation in regions that are not recognised as free from swine vesicular disease is also liable to endanger pig holdings in other regions of Italy through trade in live pigs. Pigs should therefore not be moved from regions not recognised as free from swine vesicular disease to other regions of Italy unless they originate from holdings that fulfil certain conditions.

| (9) | Pigs in regions not recognised as free from swine vesicular disease should not be dispatched to other Member States. Pigs in regions recognised as free from swine vesicular disease should only be dispatched from holdings recognised as free from that disease. |
| --- | --- |

(9)

Pigs in regions not recognised as free from swine vesicular disease should not be dispatched to other Member States. Pigs in regions recognised as free from swine vesicular disease should only be dispatched from holdings recognised as free from that disease.

| (10) | The rules laid down in this Decision should apply without prejudice to those laid down in Council Directive 92/119/EEC. It is appropriate to lay down a definition for ‘assembly centre for pigs’ different to the one laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (5). |
| --- | --- |

(10)

The rules laid down in this Decision should apply without prejudice to those laid down in Council Directive 92/119/EEC. It is appropriate to lay down a definition for ‘assembly centre for pigs’ different to the one laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (5).

| (11) | For the sake of transparency, rules should be laid down at Community level on the status of pig holdings and regions as regards swine vesicular disease and on movements of and intra-Community trade in live pigs from holdings and regions of a different disease status. |
| --- | --- |

(11)

For the sake of transparency, rules should be laid down at Community level on the status of pig holdings and regions as regards swine vesicular disease and on movements of and intra-Community trade in live pigs from holdings and regions of a different disease status.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(12)

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:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

This Decision lays down animal health rules as regards swine vesicular disease for regions of Italy that are recognised as free from swine vesicular disease and for regions not recognised as free from that disease.

Article 2

Definitions

For the purposes of this Decision:

| 1. | the definitions in Directive 92/119/EEC shall apply; |
| --- | --- |

1.

the definitions in Directive 92/119/EEC shall apply;

| 2. | ‘assembly centre for pigs’ means the holding of a trader to which and from which acquired pigs are regularly moved within 30 days of acquisition. |
| --- | --- |

2.

‘assembly centre for pigs’ means the holding of a trader to which and from which acquired pigs are regularly moved within 30 days of acquisition.

CHAPTER II

RECOGNITION OF REGIONS AND HOLDINGS IN ITALY AS FREE FROM SWINE VESICULAR DISEASE

Article 3

Recognition of regions

1.   The regions of Italy listed in Annex I are recognised as free from swine vesicular disease.

2.   The regions of Italy listed in Annex II are not recognised as free from swine vesicular disease.

Article 4

Recognition of holdings

1.   Italy shall ensure that paragraphs 2 to 6 are complied with.

2.   In regions recognised as free from swine vesicular disease, a pig holding shall be recognised as free from that disease if:

| (a) | on two occasions at an interval of 28 to 40 days, sampling for serological testing has been carried out on a number of breeding pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 % and the results have been negative, and |
| --- | --- |

(a)

on two occasions at an interval of 28 to 40 days, sampling for serological testing has been carried out on a number of breeding pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 % and the results have been negative, and

| (b) | where no breeding pigs are kept on holdings in regions recognised as free from swine vesicular disease, any pigs moved to such holdings originate in holdings recognised as free from that disease. |
| --- | --- |

(b)

where no breeding pigs are kept on holdings in regions recognised as free from swine vesicular disease, any pigs moved to such holdings originate in holdings recognised as free from that disease.

3.   In regions not recognised as free from swine vesicular disease, a pig holding shall be recognised as free from that disease if on two occasions at an interval of 28 to 40 days, sampling for serological testing has been carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 % and the results were negative;

4.   A pig holding recognised as free from swine vesicular disease shall retain that status if:

| (a) | sampling and checking procedures are carried out in accordance with Article 5(1) and Article 6 and the results are negative, and |
| --- | --- |

(a)

sampling and checking procedures are carried out in accordance with Article 5(1) and Article 6 and the results are negative, and

| (b) | pigs moved to such a holding originate in holdings recognised as free from swine vesicular disease. |
| --- | --- |

(b)

pigs moved to such a holding originate in holdings recognised as free from swine vesicular disease.

5.   The recognition of a holding as free from swine vesicular disease:

| (a) | shall be suspended where any seropositive case is detected and confirmed by further investigations, until such time as the pig concerned is slaughtered under official supervision, or |
| --- | --- |

(a)

shall be suspended where any seropositive case is detected and confirmed by further investigations, until such time as the pig concerned is slaughtered under official supervision, or

| (b) | shall be withdrawn where two or more seropositive cases are detected. |
| --- | --- |

(b)

shall be withdrawn where two or more seropositive cases are detected.

6.   A pig holding shall be recognised once more as free from swine vesicular disease if the sampling and checking procedures set out in paragraphs 2 or 3, as the case may be, have been carried out and the results are negative.

CHAPTER III

SURVEILLANCE

Article 5

Surveillance in regions recognised as free from swine vesicular disease

1.   Italy shall ensure that sampling and checking procedures to detect swine vesicular disease are carried out as set out in paragraphs 2 and 3 in regions recognised as free from that disease.

2.   On holdings where more than two breeding pigs are kept, sampling for serological testing shall be carried out at the following intervals on a random sample of 12 breeding pigs or on all breeding pigs where there are fewer than 12 breeding pigs on the holding:

| (a) | once a year where the holding mainly produces pigs for slaughter, |
| --- | --- |

(a)

once a year where the holding mainly produces pigs for slaughter,

| (b) | twice a year in other cases. |
| --- | --- |

(b)

twice a year in other cases.

3.   At assembly centres for pigs, sampling of faeces for virological testing shall be carried out at monthly intervals in every pen where pigs are usually kept.

Article 6

Surveillance in regions not recognised as free from swine vesicular disease

1.   Italy shall ensure that sampling and checking procedures to detect swine vesicular disease are carried out as set out in paragraphs 2 and 3 in regions not recognised as free from swine vesicular disease.

2.   On holdings recognised as free from swine vesicular disease where breeding pigs are kept and at assembly centres for pigs, the provisions laid down in Article 5 shall apply.

3.   On holdings recognised as free from swine vesicular disease where no breeding pigs are kept, sampling for serological testing shall be carried out twice a year on a random sample of 12 pigs or on all pigs where there are fewer than 12 pigs on the holding. Sampling of the pigs of a holding may, however, take place at the slaughterhouse at the time of slaughter.

CHAPTER IV

MOVEMENT OF LIVE PIGS WITHIN ITALY AND TO OTHER MEMBER STATES

SECTION I

Movement within Italy

Article 7

Measures as regards the movement of live pigs within Italy

1.   Italy shall ensure that paragraphs 2, 3 and 4 are complied with for movement of live pigs within Italy.

2.   Where pigs from holdings not recognised as free from swine vesicular disease are moved to a slaughterhouse for slaughter, sampling for serological testing shall be carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %.

3.   The movement of pigs from holdings not recognised as free from swine vesicular disease to other holdings is prohibited.

4.   The movement of pigs from regions not recognised as free from swine vesicular disease to other regions of Italy is prohibited.

Article 8

Derogations and conditions

By way of derogation from Article 7(4), the Italian authorities may authorise the movement of pigs from holdings in regions not recognised as free from swine vesicular disease to other regions of Italy on condition that:

| (a) | the holding of origin has been recognised as free from swine vesicular disease for at least two years without interruption; |
| --- | --- |

(a)

the holding of origin has been recognised as free from swine vesicular disease for at least two years without interruption;

| (b) | in the 60 days prior to movement, the holding of origin has not been located in a protection or surveillance zone following an outbreak of swine vesicular disease; |
| --- | --- |

(b)

in the 60 days prior to movement, the holding of origin has not been located in a protection or surveillance zone following an outbreak of swine vesicular disease;

| (c) | no pigs were introduced onto the holding of origin in the 12 months prior to movement from holdings where swine vesicular disease was suspected; |
| --- | --- |

(c)

no pigs were introduced onto the holding of origin in the 12 months prior to movement from holdings where swine vesicular disease was suspected;

| (d) | pigs on the holding of origin are sampled between 20 and 30 days before movement and serologically testing is carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %; |
| --- | --- |

(d)

pigs on the holding of origin are sampled between 20 and 30 days before movement and serologically testing is carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %;

| (e) | pigs on the holding of destination are sampled at least 28 days after movement and serologically testing is carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %. Pigs may not be moved from the holding of destination until testing has been carried out and the results are negative; |
| --- | --- |

(e)

pigs on the holding of destination are sampled at least 28 days after movement and serologically testing is carried out on a number of pigs sufficient to detect prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %. Pigs may not be moved from the holding of destination until testing has been carried out and the results are negative;

| (f) | the animals moved are transported in sealed vehicles under the supervision of the authorities; |
| --- | --- |

(f)

the animals moved are transported in sealed vehicles under the supervision of the authorities;

| (g) | movement of the pigs is notified at least 48 hours in advance to the local veterinary authority responsible for the holding of destination; |
| --- | --- |

(g)

movement of the pigs is notified at least 48 hours in advance to the local veterinary authority responsible for the holding of destination;

| (h) | the vehicles used for transporting the pigs are cleaned and disinfected under official supervision before and after movement. |
| --- | --- |

(h)

the vehicles used for transporting the pigs are cleaned and disinfected under official supervision before and after movement.

SECTION II

Intra-Community movement

Article 9

Dispatch of live pigs from Italy to other Member States

1.   Italy shall ensure that paragraphs 2 and 3 are complied with.

2.   The dispatch of pigs from regions not recognised as free from swine vesicular disease to other Member States is prohibited.

3.   Pigs dispatched from regions recognised as free from swine vesicular disease to other Member States shall come from holdings that are recognised as free from that disease.

Article 10

Obligation regarding certification

Italy shall ensure that health certificates as provided for in Article 5(1) of Directive 64/432/EEC accompanying pigs dispatched from Italy to other Member States in accordance with Article 9 of this Decision are endorsed with the following wording:

‘Animals in accordance with Commission Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy’

CHAPTER V

OBLIGATION OF COMMUNICATION

Article 11

Communication to the Commission and the Member States

The Italian authorities shall forward any relevant information on the application of this Decision to the Commission and the Member States every six months through the Standing Committee on the Food Chain and Animal Health.

CHAPTER VI

FINAL PROVISIONS

Article 12

Addresses

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

1

(2)  
  OJ L 62, 15.3.1993, p. 69. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

2

(3)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003.

3

(4)  
  OJ L 361, 8.12.2004, p. 41.

4

(5)  
  OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

5

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ANNEX I

Regions of Italy recognised as free from swine vesicular disease

The regions of:

| — | Basilicata |
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—

Basilicata

| — | Emilia-Romagna |
| --- | --- |

—

Emilia-Romagna

| — | Friuli-Venezia Giulia |
| --- | --- |

—

Friuli-Venezia Giulia

| — | Lazio |
| --- | --- |

—

Lazio

| — | Liguria |
| --- | --- |

—

Liguria

| — | Lombardy |
| --- | --- |

—

Lombardy

| — | Marche |
| --- | --- |

—

Marche

| — | Molise |
| --- | --- |

—

Molise

| — | Piedmont |
| --- | --- |

—

Piedmont

| — | Apulia |
| --- | --- |

—

Apulia

| — | Sardinia |
| --- | --- |

—

Sardinia

| — | Tuscany |
| --- | --- |

—

Tuscany

| — | Trentino-Alto Adige |
| --- | --- |

—

Trentino-Alto Adige

| — | Umbria |
| --- | --- |

—

Umbria

| — | Valle d'Aosta |
| --- | --- |

—

Valle d'Aosta

| — | Veneto. |
| --- | --- |

—

Veneto.

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ANNEX II

Regions of Italy not recognised as free from swine vesicular disease

The regions of:

| — | Abruzzi |
| --- | --- |

—

Abruzzi

| — | Campania |
| --- | --- |

—

Campania

| — | Calabria |
| --- | --- |

—

Calabria

| — | Sicily. |
| --- | --- |

—

Sicily.

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