# Official Journal L 29/2 Fe

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 29 |
| | |
| English edition | Legislation | Volume 492 February 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 29

English edition

Legislation

Volume 492 February 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 177/2006 of 1 February 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 178/2006 of 1 February 2006 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council to establish Annex I listing the food and feed products to which maximum levels for pesticide residues apply (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 179/2006 of 1 February 2006 introducing a system of import licences for apples imported from third countries | 26 |
| | * | Commission Regulation (EC) No 180/2006 of 1 February 2006 setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2005/06 delivery period and derogating from Regulation (EC) No 1159/2003 | 28 |
| | * | Commission Regulation (EC) No 181/2006 of 1 February 2006 implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation (
  1
  ) | 31 |
| | | Commission Regulation (EC) No 182/2006 of 1 February 2006 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements | 35 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 177/2006 of 1 February 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 178/2006 of 1 February 2006 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council to establish Annex I listing the food and feed products to which maximum levels for pesticide residues apply (
  1
  )

1

3

*

Commission Regulation (EC) No 179/2006 of 1 February 2006 introducing a system of import licences for apples imported from third countries

26

*

Commission Regulation (EC) No 180/2006 of 1 February 2006 setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2005/06 delivery period and derogating from Regulation (EC) No 1159/2003

28

*

Commission Regulation (EC) No 181/2006 of 1 February 2006 implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation (
  1
  )

1

31

Commission Regulation (EC) No 182/2006 of 1 February 2006 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

35

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | Council Decision of 23 January 2006 amending Decision 90/424/EEC on expenditure in the veterinary field | 37 |

II   Acts whose publication is not obligatory

Council

*

Council Decision of 23 January 2006 amending Decision 90/424/EEC on expenditure in the veterinary field

37

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

---

(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

| 2.2.2006 | EN | Official Journal of the European Union | L 29/1 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/1

---

COMMISSION REGULATION (EC) No 177/2006

of 1 February 2006

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (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 2 February 2006.

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

Done at Brussels, 1 February 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 1 February 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 93,4 |
| 204 | 43,0 |
| 212 | 90,9 |
| 624 | 115,6 |
| 999 | 85,7 |
| 0707 00 05 | 052 | 136,7 |
| 204 | 102,3 |
| 628 | 180,0 |
| 999 | 139,7 |
| 0709 10 00 | 220 | 74,5 |
| 624 | 91,7 |
| 999 | 83,1 |
| 0709 90 70 | 052 | 156,1 |
| 204 | 130,2 |
| 999 | 143,2 |
| 0805 10 20 | 052 | 43,8 |
| 204 | 61,8 |
| 212 | 53,7 |
| 220 | 52,0 |
| 624 | 60,4 |
| 999 | 54,3 |
| 0805 20 10 | 204 | 83,9 |
| 999 | 83,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 61,1 |
| 204 | 129,1 |
| 400 | 87,6 |
| 464 | 135,7 |
| 624 | 76,7 |
| 662 | 36,9 |
| 999 | 87,9 |
| 0805 50 10 | 052 | 53,2 |
| 220 | 61,7 |
| 999 | 57,5 |
| 0808 10 80 | 400 | 143,4 |
| 404 | 107,7 |
| 720 | 83,2 |
| 999 | 111,4 |
| 0808 20 50 | 388 | 83,1 |
| 400 | 90,1 |
| 720 | 64,3 |
| 999 | 79,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

93,4

204

43,0

212

90,9

624

115,6

999

85,7

0707 00 05

052

136,7

204

102,3

628

180,0

999

139,7

0709 10 00

220

74,5

624

91,7

999

83,1

0709 90 70

052

156,1

204

130,2

999

143,2

0805 10 20

052

43,8

204

61,8

212

53,7

220

52,0

624

60,4

999

54,3

0805 20 10

204

83,9

999

83,9

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

052

61,1

204

129,1

400

87,6

464

135,7

624

76,7

662

36,9

999

87,9

0805 50 10

052

53,2

220

61,7

999

57,5

0808 10 80

400

143,4

404

107,7

720

83,2

999

111,4

0808 20 50

388

83,1

400

90,1

720

64,3

999

79,2

---

(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’.

---

| 2.2.2006 | EN | Official Journal of the European Union | L 29/3 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/3

---

COMMISSION REGULATION (EC) No 178/2006

of 1 February 2006

amending Regulation (EC) No 396/2005 of the European Parliament and of the Council to establish Annex I listing the food and feed products to which maximum levels for pesticide residues apply

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in and on food and feed of plant and animal origin and amending Council Directive 91/414/EE (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | In accordance with Regulation (EC) No 396/2005, Annexes I, II, III and IV to that Regulation are to be established by the Commission, their establishment being a condition for the application of Chapters II, III and V of that Regulation. |
| --- | --- |

(1)

In accordance with Regulation (EC) No 396/2005, Annexes I, II, III and IV to that Regulation are to be established by the Commission, their establishment being a condition for the application of Chapters II, III and V of that Regulation.

| (2) | It is necessary to include in Annex I to Regulation (EC) No 396/2005 all products for which presently Community or national MRLs exist as well as those for which it is appropriate to apply harmonised MRLs. |
| --- | --- |

(2)

It is necessary to include in Annex I to Regulation (EC) No 396/2005 all products for which presently Community or national MRLs exist as well as those for which it is appropriate to apply harmonised MRLs.

| (3) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health. |
| --- | --- |

(4)

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

| (5) | Individual MRLs have not yet been required for fish, and for crops exclusively meant for animal feed, and no information is available as a basis for setting MRLs. It is appropriate to allow for the time needed to generate or collect this information. It is considered that a time period of three years should be sufficient to generate or collect this information, |
| --- | --- |

(5)

Individual MRLs have not yet been required for fish, and for crops exclusively meant for animal feed, and no information is available as a basis for setting MRLs. It is appropriate to allow for the time needed to generate or collect this information. It is considered that a time period of three years should be sufficient to generate or collect this information,

HAS ADOPTED THIS REGULATION:

Article 1

The text in the Annex to this Regulation is added as Annex I to Regulation (EC) No 396/2005.

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, 1 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 70, 16.3.2005, p. 1.

1

---

ANNEX

‘ANNEX I

Products of plant and animal origin referred to in Article 2(1)

| Code number (1) | Groups to which the MRLs apply | Examples of individual products within the groups to which the MRLs apply | Scientific Name (2) | Examples of related varieties or other products included in the definition to which the same MRL applies | Parts of the products to which the MRLs apply |
| --- | --- | --- | --- | --- | --- |
| 0100000 | 1. | FRUIT FRESH OR FROZEN; NUTS |

Code number (1)

Groups to which the MRLs apply

Examples of individual products within the groups to which the MRLs apply

Scientific Name (2)

Examples of related varieties or other products included in the definition to which the same MRL applies

Parts of the products to which the MRLs apply

0100000

1.

FRUIT FRESH OR FROZEN; NUTS

0110000

| (i) | Citrus fruit |
| --- | --- |

(i)

Whole product

0110010

Grapefruit

Citrus paradisi

Shaddocks, pomelos, sweeties, tangelo, ugli and other hybrids

0110020

Oranges

Citrus sinensis

Bergamot, bitter orange, chinotto and other hybrids

0110030

Lemons

Citrus limon

Citron, lemon

0110040

Limes

Citrus aurantifolia

0110050

Mandarins

Citrus reticulata

Clementine, tangerine and other hybrids

0110990

Others (3)

0120000

| (ii) | Tree nuts (shelled or unshelled) |
| --- | --- |

(ii)

Tree nuts (shelled or unshelled)

Whole product after removal of shell (except chestnuts)

0120010

Almonds

Prunus dulcis

0120020

Brazil nuts

Bertholletia excelsa

0120030

Cashew nuts

Anacardium occidentale

0120040

Chestnuts

Castanea sativa

0120050

Coconuts

Cocos nucifera

0120060

Hazelnuts

Corylus avellana

Filbert

0120070

Macadamia

Macadamia ternifolia

0120080

Pecans

Carya illinoensis

0120090

Pine nuts

Pinus pinea

0120100

Pistachios

Pistachia vera

0120110

Walnuts

Juglans regia

0120990

Others (3)

0130000

| (iii) | Pome fruit |
| --- | --- |

(iii)

Whole product after removal of stems

0130010

Apples

Malus domesticus

Crab apple

0130020

Pears

Pyrus communis

Oriental pear

0130030

Quinces

Cydonia oblonga

0130040

Medlar (4)

Mespilus germanica

0130050

Loquat (4)

Eriobotrya japonica

0130990

Others (3)

0140000

| (iv) | Stone fruit |
| --- | --- |

(iv)

Whole product after removal of stems

0140010

Apricots

Prunus armeniaca

0140020

Cherries

Prunus cerasus, Prunus avium

Sweet cherries, sour cherries

0140030

Peaches

Prunus persica

Nectarines and similar hybrids

0140040

Plums

Prunus domestica

Damson, greengage, mirabelle

0140990

Others (3)

0150000

| (v) | Berries and small fruit |
| --- | --- |

(v)

Whole product after removal of caps/crowns and stems except in the case of currants: fruits with stems

0151000

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

(a)

Table and wine grapes

0151010

Table grapes

Vitis euvitis

0151020

Wine grapes

Vitis euvitis

0152000

| (b) | Strawberries |
| --- | --- |

(b)

Strawberries

Fragaria × ananassa

0153000

| (c) | Cane fruit |
| --- | --- |

(c)

Cane fruit

0153010

Blackberries

Rubus fruticosus

0153020

Dewberries

Rubus ceasius

Loganberries, Boysenberries, and cloudberries

0153030

Raspberries

Rubus idaeus

Wineberries

0153990

Others (3)

0154000

| (d) | Other small fruit and berries |
| --- | --- |

(d)

Other small fruit and berries

0154010

Blueberries

Vaccinium corymbosum

Bilberries; cowberries (red bilberries)

0154020

Cranberries

Vaccinium macrocarpon

0154030

Currants (red, black and white)

Ribes nigrum, Ribes rubrum

0154040

Gooseberries

Ribes uva-crispa

Including hybrids with other ribes species

0154050

Rose hips

Rosa canina

0154060

Mulberries (4)

Morus spp

Arbutus berry

0154070

Azarole (4) (mediteranean medlar)

Crataegus azarolus

0154080

Elderberries (4)

Sambucus nigra

Black chokeberry (appleberry), mountain ash, azarole, buckthorn (sea sallowthorn), hawthorn, service berries, and other treeberries

0154990

Others (3)

0160000

| (vi) | Miscellaneous fruit |
| --- | --- |

(vi)

Whole product after removal of stems or the crown (pineapples)

0161000

| (a) | Edible peel |
| --- | --- |

(a)

Edible peel

0161010

Dates

Phoenix dactylifera

0161020

Figs

Ficus carica

0161030

Table olives

Olea europaea

0161040

Kumquats (4)

Fortunella species

Marumi kumquats, nagami kumquats

0161050

Carambola (4)

Averrhoa carambola

Bilimbi

0161060

Persimmon (4)

Diospyros kaki

0161070

Jambolan (4) (java plum)

Syzygium cumini

Java apple (water apple), pomerac, rose apple, Brazilean cherry (grumichama), Surinam cherry

0161990

Others (3)

0162000

| (b) | Inedible peel, small |
| --- | --- |

(b)

Inedible peel, small

0162010

Kiwi

Actinidia deliciosa syn. A. chinensis

0162020

Lychee (Litchi)

Litchi chinensis

Pulasan, rambutan (hairy litchi)

0162030

Passion fruit

Passiflora edulis

0162040

Prickly pear (4) (cactus fruit)

Opuntia ficus-indica

0162050

Star apple (4)

Chrysophyllum cainito

0162060

American persimmon (4) (Virginia kaki)

Diospyros virginiana

Black sapote, white sapote, green sapote, canistel (yellow sapote), and mammey sapote

0162990

Others (3)

0163000

| (c) | Inedible peel, large |
| --- | --- |

(c)

Inedible peel, large

0163010

Avocados

Persea americana

0163020

Bananas

Musa × paradisica

Dwarf banana, plantain, apple banana

0163030

Mangoes

Mangifera indica

0163040

Papaya

Carica papaya

0163050

Pomegranate

Punica granatum

0163060

Cherimoya (4)

Annona cherimola

Custard apple, sugar apple (sweetsop), llama and other medium sized Annonaceae

0163070

Guava (4)

Psidium guajava

0163080

Pineapples

Ananas comosus

0163090

Bread fruit (4)

Artocarpus altilis

Jackfruit

0163100

Durian (4)

Durio zibethinus

0163110

Soursop (4) (guanabana)

Annona muricata

0163990

Others (3)

0200000

| 2. | VEGETABLES FRESH OR FROZEN |
| --- | --- |

2.

VEGETABLES FRESH OR FROZEN

0210000

| (i) | Root and tuber vegetables |
| --- | --- |

(i)

Whole product after removal of tops (if any) and adhering soil by rinsing or brushing

0211000

| (a) | Potatoes |
| --- | --- |

(a)

Potatoes

Tuber form Solanum spp.

0212000

| (b) | Tropical root and tuber vegetables |
| --- | --- |

(b)

Tropical root and tuber vegetables

0212010

Cassava

Manihot esculenta

Dasheen, eddoe (Japanese taro), tannia

0212020

Sweet potatoes

Ipomoea batatas

0212030

Yams

Dioscorea sp.

Potato bean (yam bean), Mexican yam bean

0212040

Arrowroot (4)

Maranta arundinacea

0212990

Others (3)

0213000

| (c) | Other root and tuber vegetables except sugar beet |
| --- | --- |

(c)

Other root and tuber vegetables except sugar beet

0213010

Beetroot

Beta vulgaris subsp. vulgaris

0213020

Carrots

Daucus carota

0213030

Celeriac

Apium graveolens var. rapaceum

0213040

Horseradish

Armoracia rusticana

0213050

Jerusalem artichokes

Helianthus tuberosus

0213060

Parsnips

Pastinaca sativa

0213070

Parsley root

Petroselinum crispum

0213080

Radishes

Raphanus sativus var. sativus

Black radish, Japanese radish, small radish and similar varieties

0213090

Salsify

Tragopogon porrifolius

Scorzonera, Spanish salsify (Spanish oysterplant)

0213100

Swedes

Brassica napus var. napobrassica

0213110

Turnips

Brassica rapa

0213990

Others (3)

0220000

| (ii) | Bulb vegetables |
| --- | --- |

(ii)

Whole product after removal of easily detachable skin and soil (when dry) or roots and soil (when fresh)

0220010

Garlic

Allium sativum

0220020

Onions

Allium cepa

Silverskin onions

0220030

Shallots

Allium ascalonicum (Allium cepa var. aggregatum)

0220040

Spring onions

Allium cepa

Welsh onion and similar varieties

0220990

Others (3)

0230000

| (iii) | Fruiting vegetables |
| --- | --- |

(iii)

Whole product after removal of stems (in case of sweet corn without husks)

0231000

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

(a)

Solanacea

0231010

Tomatoes

Lycopersicum esculentum

Cherry tomatoes

0231020

Peppers

Capsicum annuum, var grossum and var. longum

Chilli peppers

0231030

Aubergines (egg plants)

Solanum melongena

Pepino

0231040

Okra, lady’s fingers

Hibiscus esculentus

0231990

Others (3)

0232000

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

(b)

Cucurbits — edible peel

0232010

Cucumbers

Cucumis sativus

0232020

Gherkins

Cucumis sativus

0232030

Courgettes

Cucurbita pepo var. melopepo

Summer squash, marrow (patisson)

0232990

Others (3)

0233000

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

(c)

Cucurbits-inedible peel

0233010

Melons

Cucumis melo

Kiwano

0233020

Pumpkins

Cucurbita maxima

Winter squash

0233030

Watermelons

Citrullus lanatus

0233990

Others (3)

0234000

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

(d)

Sweet corn

Zea mays var. saccharata

Kernels plus cob without husks

0239000

| (e) | Other fruiting vegetables |
| --- | --- |

(e)

Other fruiting vegetables

0240000

| (iv) | Brassica vegetables |
| --- | --- |

(iv)

0241000

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

(a)

Flowering brassica

Curd only

0241010

Broccoli

Brassica oleracea var. italica

Calabrese, Chinese broccoli, Broccoli raab

0241020

Cauliflower

Brassica oleracea var. botrytis

0241990

Others (3)

0242000

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

(b)

Head brassica

Whole plant after removal of roots and decayed leaves

0242010

Brussels sprouts

Brassica oleracea var. gemmifera

Only cabbage buttons

0242020

Head cabbage

Brassica oleracea convar. capitata

Pointed head cabbage, red cabbage, savoy cabbage, white cabbage

0242990

Others (3)

0243000

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

(c)

Leafy brassica

Whole plant after removal of roots and decayed leaves

0243010

Chinese cabbage

Brassica pekinensis

Indian (Chinese) mustard, pak choi, Chinese flat cabbage (tai goo choi), peking cabbage (pe-tsai), cow cabbage

0243020

Kale

Brassica oleracea convar. Acephalea

Borecole (curly kale), collards

0243990

Others (3)

0244000

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

(d)

Kohlrabi

Brassica oleracea convar. acephala, var. gongylodes

Whole product after removal of roots, tops and adhering soil (if any)

0250000

| (v) | Leaf vegetables and fresh herbs |
| --- | --- |

(v)

Whole product after removal of roots and decayed outer leaves and soil (if any)

0251000

| (a) | Lettuce and other salad plants including Brassicacea |
| --- | --- |

(a)

Lettuce and other salad plants including Brassicacea

0251010

Lamb's lettuce

Valerianella locusta

Italian cornsalad

0251020

Lettuce

Lactuca sativa

Head lettuce, lollo rosso (cutting lettuce), iceberg lettuce, romaine (cos) lettuce

0251030

Scarole (broad-leaf endive)

Cichorium endiva

Wild chicory, red-leaved chicory, radicchio, curld leave endive, sugar loaf

0251040

Cress (4)

Lepidium sativum

0251050

Land cress (4)

Barbarea verna

0251060

Rocket, Rucola (4)

Eruca sativa (Diplotaxis spec.)

Wild rocket

0251070

Red mustard (4)

Brassica juncea var. rugosa

0251080

Leaves and sprouts of Brassica spp (4)

Brassica spp.

Mizuna

0251990

Others (3)

0252000

| (b) | Spinach and similar (leaves) |
| --- | --- |

(b)

Spinach and similar (leaves)

0252010

Spinach

Spinacia oleracea

New Zealand spinach, turnip greens (turnip tops)

0252020

Purslane (4)

Portulaca oleracea

Winter purslane (miner’s lettuce), garden purslane, common purslane, sorrel, glassworth

0252030

Beet leaves (chard)

Beta vulgaris

Leaves of beetroot

0252990

Others (3)

0253000

| (c) | Vine leaves (grape leaves) (4) |
| --- | --- |

(c)

Vine leaves (grape leaves) (4)

Vitis euvitis

0254000

| (d) | Water cress |
| --- | --- |

(d)

Water cress

Nasturtium officinale

0255000

| (e) | Witloof |
| --- | --- |

(e)

Witloof

Cichorium intybus. var. foliosum

0256000

| (f) | Herbs |
| --- | --- |

(f)

Herbs

0256010

Chervil

Anthriscus cerefolium

0256020

Chives

Allium schoenoprasum

0256030

Celery leaves

Apium graveolens var. seccalinum

Fennel leaves, Coriander leaves, dill leaves, Caraway leaves, lovage, angelica, sweet cisely and other Apiacea

0256040

Parsley

Petroselinum crispum

0256050

Sage (4)

Salvia officinalis

Winter savory, summer savory

0256060

Rosemary (4)

Rosmarinus officinalis

0256070

Thyme (4)

Thymus spp.

Marjoram, oregano

0256080

Basil (4)

Ocimum basilicum

Balm leaves, mint, peppermint

0256090

Bay leaves (4) (laurel)

Laurus nobilis

0256100

Tarragon (4)

Artemisia dracunculus

Hyssop

0256990

Others (3)

0260000

| (vi) | Legume vegetables (fresh) |
| --- | --- |

(vi)

Legume vegetables (fresh)

Whole product

0260010

Beans (with pods)

Phaseolus vulgaris

Green bean (french beans, snap beans), scarlet runner bean, slicing bean, yardlong beans

0260020

Beans (without pods)

Phaseolus vulgaris

Broad beans, Flageolets, jack bean, lima bean, cowpea

0260030

Peas (with pods)

Pisum sativum

Mangetout (sugar peas)

0260040

Peas (without pods)

Pisum sativum

Garden pea, green pea, chickpea

0260050

Lentils (4)

Lens culinaris syn. L. esculenta

0260990

Others (3)

0270000

| (vii) | Stem vegetables (fresh) |
| --- | --- |

(vii)

Stem vegetables (fresh)

Whole product after removal of decayed tissue, soil and roots

0270010

Asparagus

Asparagus officinalis

0270020

Cardoons

Cynara cardunculus

0270030

Celery

Apium graveolens var. dulce

0270040

Fennel

Foeniculum vulgare

0270050

Globe artichokes

Cynara scolymus

Whole flowerhead including receptacle

0270060

Leek

Allium porrum

0270070

Rhubarb

Rheum × hybridum

Stalks after removal of roots and leaves

0270080

Bamboo shoots (4)

Bambusa vulgaris

0270090

Palm hearts (4)

Euterpa oleracea, Cocos nucifera, Bactris gasipaes, daemonorops schmidtiana

0270990

Others (3)

0280000

| (viii) | Fungi
   (4) |
| --- | --- |

(viii)

Whole product after removal of soil or growing medium

0280010

Cultivated

Common mushroom, Oyster mushroom, Shi-take

0280020

Wild

Chanterelle, Truffle, Morel, Cep

0280990

Others (3)

0290000

| (ix) | Sea weeds
   (4) |
| --- | --- |

(ix)

Whole product after removal of decayed leaves

0300000

| 3. | PULSES, DRY |
| --- | --- |

3.

PULSES, DRY

Whole product

0300010

Beans

Phaseolus vulgaris

Broad beans, navy beans, flageolets, jack beans, lima beans, field beans, cowpeas

0300020

Lentils

Lens culinaris syn. L. esculenta

0300030

Peas

Pisum sativum

Chickpeas, field peas, chickling vetch

0300040

Lupins (4)

Lupinus spp.

0300990

Others (3)

0400000

| 4. | OILSEEDS AND OILFRUITS |
| --- | --- |

4.

OILSEEDS AND OILFRUITS

Whole product after removal of shell, stone and husk when possible

0401000

| (i) | Oilseeds |
| --- | --- |

(i)

0401010

Linseed

Linum usitatissimum

0401020

Peanuts

Arachis hypogaea

0401030

Poppy seed

Papaver somniferum

0401040

Sesame seed

Sesamum indicum syn. S. orientale

0401050

Sunflower seed

Helianthus annuus

0401060

Rape seed

Brassica napus

Bird rapeseed, turnip rape

0401070

Soya bean

Glycine max

0401080

Mustard seed

Brassica nigra

0401090

Cotton seed

Gossypium spp.

0401100

Pumpkin seeds (4)

Cucurbita pepo var. oleifera

0401110

Safflower (4)

Carthamus tinctorius

0401120

Borage (4)

Borago officinalis

0401130

Gold of pleasure (4)

Camelina sativa

0401140

Hempseed (4)

Cannabis sativa

0401150

Castor bean

Ricinus communis

0401990

Others (3)

0402000

| (ii) | Oilfruits |
| --- | --- |

(ii)

0402010

Olives for oil production (4)

Olea europaea

Whole fruit after removal of stems (if any) after removal of soil (if any)

0402020

Palm nuts (palmoil kernels) (4)

Elaeis guineensis

0402030

Palmfruit (4)

Elaeis guineensis

0402040

Kapok (4)

Ceiba pentandra

0402990

Others (3)

0500000

| 5. | CEREALS |
| --- | --- |

5.

CEREALS

Whole product

0500010

Barley

Hordeum spp.

0500020

Buckwheat

Fagopyrum esculentum

0500030

Maize

Zea mays

0500040

Millet (4)

Panicum spp.

Foxtail millet, teff

0500050

Oats

Avena fatua

0500060

Rice

Oryza sativa

0500070

Rye

Secale cereale

0500080

Sorghum (4)

Sorghum bicolor

0500090

Wheat

Triticum aestivum

Spelt Triticale

0500990

Others (3)

0600000

| 6. | TEA, COFFEE, HERBAL INFUSIONS AND COCOA |
| --- | --- |

6.

TEA, COFFEE, HERBAL INFUSIONS AND COCOA

0610000

| (i) | Tea (dried leaves and stalks, fermented or otherwise of Camellia sinensis) |
| --- | --- |

(i)

Tea (dried leaves and stalks, fermented or otherwise of Camellia sinensis)

Camellia sinensis

Whole product

0620000

| (ii) | Coffee beans
   (4) |
| --- | --- |

(ii)

Beans only

0630000

| (iii) | Herbal infusions
   (4) (dried) |
| --- | --- |

(iii)

Herbal infusions
   (4) (dried)

0631000

| (a) | Flowers |
| --- | --- |

(a)

Flowers

Whole flowers after removal of stalks and decayed leaves

0631010

Camomille flowers

Matricaria recutita

0631020

Hybiscus flowers

Hibiscus sabdariffa

0631030

Rose petals

Rosa spec.

0631040

Jasmine flowers

Jasminum officinale

0631050

Lime (linden)

Tillia cordata

0631990

Others (3)

0632000

| (b) | Leaves |
| --- | --- |

(b)

Leaves

Whole product after removal of roots and decayed leaves

0632010

Strawberry leaves

Fragaria × ananassa

0632020

Rooibos leaves

Aspalathus spp.

0632030

Maté

Ilex paraguariensis

0632990

Others (3)

0633000

| (c) | Roots |
| --- | --- |

(c)

Roots

Whole product after removal of tops and adehering soil by rinsing or brushing

0633010

Valerian root

Valeriana officinalis

0633020

Ginseng root

Panax ginseng

0633990

Others (3)

0639000

| (d) | Other herbal infusions |
| --- | --- |

(d)

Other herbal infusions

0640000

| (iv) | Cocoa
   (4) (fermented beans) |
| --- | --- |

(iv)

Cocoa
   (4) (fermented beans)

Theobroma cacao

Beans after removal of shells

0650000

| (v) | Carob
   (4) (St Johns bread) |
| --- | --- |

(v)

Carob
   (4) (St Johns bread)

Ceratonia siliqua

Whole product after removal of stems or the crown

0700000

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

7.

HOPS (dried), including hop pellets and unconcentrated powder

Humulus lupulus

Whole product

0800000

| 8. | SPICES (4) |
| --- | --- |

8.

SPICES (4)

Whole product

0810000

| (i) | Seeds |
| --- | --- |

(i)

0810010

Anise

Pimpinella anisum

0810020

Black caraway

Nigella sativa

0810030

Celery seed

Apium graveolens

Lovage seed

0810040

Coriander seed

Coriandrum sativum

0810050

Cumin seed

Cuminum cyminum

0810060

Dill seed

Anethum graveolens

0810070

Fennel seed

Foeniculum vulgare

0810080

Fenugreek

Trigonella foenumgraecum

0810090

Nutmeg

Myristica fragans

0810990

Others (3)

0820000

| (ii) | Fruits and berries |
| --- | --- |

(ii)

0820010

Allspice

Pimenta dioica

0820020

Anise pepper (Japan pepper)

Zanthooxylum piperitum

0820030

Caraway

Carum carvi

0820040

Cardamom

Elettaria cardamomum

0820050

Juniper berries

Juniperus communis

0820060

Pepper, black and white

Piper nigrum

Long pepper, pink pepper

0820070

Vanilla pods

Vanilla fragrans syn. Vanilla planifolia

0820080

Tamarind

Tamarindus indica

0820990

Others (3)

0830000

| (iii) | Bark |
| --- | --- |

(iii)

0830010

Cinnamon

Cinnamonum verum syn. C. zeylanicum

Cassia

0830990

Others (3)

0840000

| (iv) | Roots or rhizome |
| --- | --- |

(iv)

0840010

Liquorice

Glycyrrhiza glabra

0840020

Ginger

Zingiber officinale

0840030

Turmeric (Curcuma)

Curcuma domestica syn. C. longa

0840040

Horseradish

Armoracia rusticana

0840990

Others (3)

0850000

| (v) | Buds |
| --- | --- |

(v)

0850010

Cloves

Syzygium aromaticum

0850020

Capers

Capparis spinosa

0850990

Others (3)

0860000

| (vi) | Flower stigma |
| --- | --- |

(vi)

0860010

Saffron

Crocus sativus

0860990

Others (3)

0870000

| (vii) | Aril |
| --- | --- |

(vii)

0870010

Mace

Myristica fragrans

0870990

Others (3)

0900000

| 9. | SUGAR PLANTS (4) |
| --- | --- |

9.

SUGAR PLANTS (4)

0900010

Sugar beet (root)

Beta vulgaris

Whole product after removal of tops and adhering soil by rinsing or brushing

0900020

Sugar cane

Saccharum officinarum

Whole product after removal of decayed tissue, soil and roots

0900030

Chicory (4) roots

Cichorium intybus

Whole product after removal of tops and adehering soil by rinsing or brushing

0900990

Others (3)

1000000

| 10. | PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS |
| --- | --- |

10.

PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS

1010000

| (i) | Meat, preparations of meat, offals, blood, animal fats; fresh, chilled or frozen, salted, in brine, dried or smoked or processed as flours or meals; other processed products such as sausages and food preparations based on these |
| --- | --- |

(i)

Whole product or the fat fraction only (5)

1011000

| (a) | Swine |
| --- | --- |

(a)

Swine

Sus scrofa

1011010

Meat

1011020

Fat free of lean meat

1011030

Liver

1011040

Kidney

1011050

Edible offal

1011990

Others (3)

1012000

| (b) | Bovine |
| --- | --- |

(b)

Bovine

Bos spec.

1012010

Meat

1012020

Fat

1012030

Liver

1012040

Kidney

1012050

Edible offal

1012990

Others (3)

1013000

| (c) | Sheep |
| --- | --- |

(c)

Sheep

Ovis aries

1013010

Meat

1013020

Fat

1013030

Liver

1013040

Kidney

1013050

Edible offal

1013990

Others (3)

1014000

| (d) | Goat |
| --- | --- |

(d)

Goat

Capra hircus

1014010

Meat

1014020

Fat

1014030

Liver

1014040

Kidney

1014050

Edible offal

1014990

Others (3)

1015000

| (e) | Horses, asses, mules or hinnies |
| --- | --- |

(e)

Horses, asses, mules or hinnies

Equus spec.

1015010

Meat

1015020

Fat

1015030

Liver

1015040

Kidney

1015050

Edible offal

1015990

Others (3)

1016000

| (f) | Poultry — chicken, geese, duck, turkey and Guinea fowl — ostrich, pigeon |
| --- | --- |

(f)

Poultry — chicken, geese, duck, turkey and Guinea fowl — ostrich, pigeon

Gallus gallus, Anser anser, Anas platyrhynchos, Meleagris gallopavo, Numida meleagris, Coturnix coturnix, Struthio camelus, Columba sp.

1016010

Meat

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offal

1016990

Others (3)

1017000

| (g) | Other farm animals |
| --- | --- |

(g)

Other farm animals

Rabbit, Kangaroo

1017010

Meat

1017020

Fat

1017030

Liver

1017040

Kidney

1017050

Edible offal

1017990

Others (3)

1020000

| (ii) | Milk and cream, not concentrated, nor containing added sugar or sweetening matter, butter and other fats derived from milk, cheese and curd |
| --- | --- |

(ii)

Whole product or the fat fraction only (6)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others (3)

1030000

| (iii) | Birds’ eggs, fresh preserved or cooked; Shelled eggs and egg yolks fresh, dried, cooked by steaming or boiling in water, moulded, frozen or otherwise preserved whether or not containing added sugar or sweetening matter |
| --- | --- |

(iii)

Whole product or the fat fraction only (7)

1030010

Chicken

1030020

Duck

1030030

Goose

1030040

Quail

1030990

Others (3)

1040000

| (iv) | Honey |
| --- | --- |

(iv)

Apis melifera, Melipona spec.

Royal jelly, pollen

1050000

| (v) | Amphibians and reptiles |
| --- | --- |

(v)

Rana spec. Crocodilia spec.

Frog legs, crocodiles

1060000

| (vi) | Snails |
| --- | --- |

(vi)

Helix spec.

1070000

| (vii) | Other terrestrial animal products |
| --- | --- |

(vii)

1100000

| 11. | FISH, FISH PRODUCTS, SHELL FISH, MOLLUSCS AND OTHER MARINE AND FRESHWATER FOOD PRODUCTS (8) |
| --- | --- |

11.

FISH, FISH PRODUCTS, SHELL FISH, MOLLUSCS AND OTHER MARINE AND FRESHWATER FOOD PRODUCTS (8)

1200000

| 12. | CROPS EXCLUSIVELY USED FOR ANIMAL FEED (8) |
| --- | --- |

12.

CROPS EXCLUSIVELY USED FOR ANIMAL FEED (8)

---

(1)  The code number is introduced by this Annex and is intended to set a classification under this and other related Annexes of Regulation (EC) No 396/2005.

1

(2)  The scientific name of the items listed in the column “Examples of individual products within the groups to which the MRLs apply”, where possible and relevant, is mentioned. As much as possible the International System of Nomenclature is followed.

2

(3)  The word “others” covers anything not explicitly mentioned under the rest of the codes within “Groups to which the MRLs apply”.

3

(4)  MRLs in Annex II and III for the product apply only for the product when used for human consumption. For parts of the product used exclusively as ingredients for animal feed, separate MRLs will be applicable.

4

(5)  Where the pesticide and/or metabolites (included in the residue definition) is/are water soluble (log Pow less than 3) the MRL is expressed as mg/kg of meat (including fat), preparations of meat, offal and animal fats. Where the pesticide and/or metabolite (included in the residue definition) is/are fat soluble (log Pow greater than or equal to 3) the MRL is expressed as mg/kg of fat contained in the meat, preparations of meat, offal and animal fats. In the case of foodstuffs with a fat content of 10 % or less by weight, the residue is related to the total weight of the boned foodstuff. In such cases, the maximum level is one-tenth of the value related to fat content, but must be no less than 0,01 mg/kg. The latter does not apply for cow’s milk and whole cream cow’s milk. It applies neither for the other products when the MRL is set at the LOD.

5

ow

ow

(6)  Where the pesticide and/or metabolites (included in the residue definition) is /are water soluble (log Pow less than 3) the MRL is expressed as mg/kg of milk and milk products. Where the pesticide and/or metabolite (included in the residue definition) is/are fat soluble (log Pow greater than or equal to 3) the MRL is expressed as mg/kg of cow's milk and whole cream cow's milk. In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4 % by weight should be taken as a basis. For raw milk and whole cream milk of another animal origin the residues are expressed on the basis of the fat. For the other foodstuffs listed with a fat content of less than 2 % by weight, the maximum level is taken as half that set for raw milk and whole cream milk, with a fat content of 2 % or more by weight, the maximum level is expressed in mg/kg of fat. In such cases, the maximum level is 25 times that set for raw milk and whole cream milk. The latter does not apply when the MRL is set at the LOD.

6

ow

ow

(7)  Where the pesticide and/or metabolites (included in the residue definition) is/are water soluble (log Pow less than 3) the MRL is expressed as mg/kg of shelled fresh eggs, for bird's eggs and egg yolks; Where the pesticide/or metabolite (included in the residue definition) is/are fat soluble (log Pow greater than or equal to 3) the MRL is also expressed as mg/kg of shelled fresh eggs, for bird's eggs and egg yolks. However, for eggs and egg products with a fat content higher than 10 %, the maximum level is expressed in mg/kg fat. In this case, the maximum level is 10 times higher than the maximum level for fresh eggs. The latter does not apply when the MRL is set at the LOD.

7

ow

ow

(8)  MRLs not applicable until the individual products are identified and listed.’

8

---

| 2.2.2006 | EN | Official Journal of the European Union | L 29/26 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/26

---

COMMISSION REGULATION (EC) No 179/2006

of 1 February 2006

introducing a system of import licences for apples imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 31(2) thereof,

Whereas:

| (1) | Apple producers in the Community have recently found themselves in a difficult situation, due, among other things, to a significant increase in imports of apples from certain third countries of the Southern hemisphere. |
| --- | --- |

(1)

Apple producers in the Community have recently found themselves in a difficult situation, due, among other things, to a significant increase in imports of apples from certain third countries of the Southern hemisphere.

| (2) | The monitoring of the import of apples should therefore be improved. The appropriate instrument for achieving that objective is a mechanism based on issuing import licences subject to the provision of a security to ensure that the operations for which an import licence has been applied for are actually performed. |
| --- | --- |

(2)

The monitoring of the import of apples should therefore be improved. The appropriate instrument for achieving that objective is a mechanism based on issuing import licences subject to the provision of a security to ensure that the operations for which an import licence has been applied for are actually performed.

| (3) | Commission Regulations (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2) and (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (3) should apply. |
| --- | --- |

(3)

Commission Regulations (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2) and (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (3) should apply.

| (4) | The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time-limit set by its chairman, |
| --- | --- |

(4)

The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time-limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The release into free circulation of apples falling within CN code 0808 10 80 shall be subject to the presentation of an import licence.

2.   Regulation (EC) No 1291/2000 shall apply to import licences issued under this Regulation.

Article 2

1.   Importers may submit import licence applications to the competent authorities of any Member State.

They shall enter the country of origin in box 8 of licence applications and mark the word ‘yes’ with a cross.

2.   Importers shall lodge with their application a security in accordance with Title III of Regulation (EEC) No 2220/85 guaranteeing compliance with the commitment to import during the term of validity of the import licence. The security shall be EUR 15 per tonne.

Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the import licence.

Article 3

1.   Import licences shall be issued without delay to any applicant, irrespective of their place of establishment in the Community.

The country of origin shall be entered in box 8 of the import licence and the word ‘yes’ shall be marked with a cross.

2.   Import licences shall be valid for three months.

Import licences shall be valid only for imports originating in the country indicated.

Article 4

Member States shall report to the Commission, no later than 12 noon (Brussels time) on Wednesday each week, the quantities of apples for which import licences have been issued during the previous week, broken down by third country of origin.

These quantities shall be reported via the electronic system indicated by the Commission.

Article 5

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 February 2006.

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

Done at Brussels, 1 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

2

(3)  
  OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

3

---

| 2.2.2006 | EN | Official Journal of the European Union | L 29/28 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/28

---

COMMISSION REGULATION (EC) No 180/2006

of 1 February 2006

setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2005/06 delivery period and derogating from Regulation (EC) No 1159/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular Article 39(6) thereof,

Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (2), and in particular Article 9(1) thereof,

Whereas:

| (1) | Article 9 of Regulation (EC) No 1159/2003 lays down detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India. |
| --- | --- |

(1)

Article 9 of Regulation (EC) No 1159/2003 lays down detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India.

| (2) | Application of Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India and Article 9(3) and Articles 11 and 12 of Regulation (EC) No 1159/2003 has resulted in the Commission setting delivery obligations for each exporting country for the 2005/06 delivery period, on the basis of the information currently available. |
| --- | --- |

(2)

Application of Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India and Article 9(3) and Articles 11 and 12 of Regulation (EC) No 1159/2003 has resulted in the Commission setting delivery obligations for each exporting country for the 2005/06 delivery period, on the basis of the information currently available.

| (3) | Article 12(2) of Regulation (EC) No 1159/2003 provides that paragraph 1 of that Article does not apply where the difference between the quantity of delivery obligations and the total quantity of ACP-India preferential sugar counted is 5 % or less than the delivery obligations. In the case of Côte d’Ivoire, India and Madagascar, the quantities delivered are 6,7 %, 7,6 % and 6,7 % respectively below the delivery obligations. Given that the quantities concerned are minimal and the impact on the Community sugar market and the supply of raw sugar to Community refineries for that delivery period was negligible, Article 12(1) of Regulation (EC) No 1159/2003 should not be applied to India, Côte d’Ivoire or Madagascar and the quantities not delivered should be added to the delivery obligations for those countries for the 2005/06 delivery period, in accordance with Article 12(4) of that Regulation. |
| --- | --- |

(3)

Article 12(2) of Regulation (EC) No 1159/2003 provides that paragraph 1 of that Article does not apply where the difference between the quantity of delivery obligations and the total quantity of ACP-India preferential sugar counted is 5 % or less than the delivery obligations. In the case of Côte d’Ivoire, India and Madagascar, the quantities delivered are 6,7 %, 7,6 % and 6,7 % respectively below the delivery obligations. Given that the quantities concerned are minimal and the impact on the Community sugar market and the supply of raw sugar to Community refineries for that delivery period was negligible, Article 12(1) of Regulation (EC) No 1159/2003 should not be applied to India, Côte d’Ivoire or Madagascar and the quantities not delivered should be added to the delivery obligations for those countries for the 2005/06 delivery period, in accordance with Article 12(4) of that Regulation.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 12(2) of Regulation (EC) No 1159/2003 notwithstanding, paragraph 1 of that Article shall not apply as regards the quantities registered as not delivered for the 2004/05 delivery period in the case of Côte d’Ivoire, India and Madagascar.

The quantities not delivered referred to in paragraph 1 shall be added to the delivery obligations referred to in Article 2.

Article 2

The delivery obligations for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India in respect of products falling within CN code 1701, expressed in white-sugar equivalent, in the 2005/06 delivery period for each exporting country concerned, shall be as set out in the Annex.

Article 3

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

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

Done at Brussels, 1 February 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 162, 1.7.2003, p. 25. Regulation as last amended by Regulation (EC) No 568/2005 (OJ L 97, 15.4.2005, p. 9).

2

---

ANNEX

Delivery obligations for imports of preferential sugar originating in countries which are signatories to the ACP Protocol and to the Agreement with India for the 2005/06 delivery period, expressed in white-sugar equivalent.

| ACP Protocol/Agreement with India signatory country | Delivery obligations 2005/06 |
| --- | --- |
| Barbados | 32 638,29 |
| Belize | 40 306,70 |
| Congo | 10 225,97 |
| Côte d’Ivoire | 10 772,81 |
| Fiji | 165 305,43 |
| Guyana | 159 259,91 |
| India | 10 781,10 |
| Jamaica | 118 851,82 |
| Kenya | 5 050,48 |
| Madagascar | 14 217,02 |
| Malawi | 20 993,62 |
| Mauritius | 493 856,36 |
| Mozambique | 6 018,62 |
| Saint Kitts and Nevis | 15 689,30 |
| Suriname | 0,00 |
| Swaziland | 116 631,85 |
| Tanzania | 10 298,66 |
| Trinidad and Tobago | 47 717,60 |
| Uganda | 0,00 |
| Zambia | 7 086,65 |
| Zimbabwe | 30 262,59 |
| Total | 1 315 964,78 |

ACP Protocol/Agreement with India signatory country

Delivery obligations 2005/06

Barbados

32 638,29

Belize

40 306,70

Congo

10 225,97

Côte d’Ivoire

10 772,81

Fiji

165 305,43

Guyana

159 259,91

India

10 781,10

Jamaica

118 851,82

Kenya

5 050,48

Madagascar

14 217,02

Malawi

20 993,62

Mauritius

493 856,36

Mozambique

6 018,62

Saint Kitts and Nevis

15 689,30

Suriname

0,00

Swaziland

116 631,85

Tanzania

10 298,66

Trinidad and Tobago

47 717,60

Uganda

0,00

Zambia

7 086,65

Zimbabwe

30 262,59

Total

1 315 964,78

---

| 2.2.2006 | EN | Official Journal of the European Union | L 29/31 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/31

---

COMMISSION REGULATION (EC) No 181/2006

of 1 February 2006

implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Articles 20(2), 22(2) and 32(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1774/2002 prohibits the application to pasture land of organic fertilisers and soil improvers other than manure. This prohibition is in line with the current EU feed ban, and is intended to prevent possible contamination risks from pasture land where Category 2 material and Category 3 material could be present. Such risks may be due to direct grazing or use of grass as silage or hay by farmed animals. That Regulation provides that measures for implementing the prohibition, including control measures, are to be adopted after consultation of the appropriate scientific committee. |
| --- | --- |

(1)

Regulation (EC) No 1774/2002 prohibits the application to pasture land of organic fertilisers and soil improvers other than manure. This prohibition is in line with the current EU feed ban, and is intended to prevent possible contamination risks from pasture land where Category 2 material and Category 3 material could be present. Such risks may be due to direct grazing or use of grass as silage or hay by farmed animals. That Regulation provides that measures for implementing the prohibition, including control measures, are to be adopted after consultation of the appropriate scientific committee.

| (2) | Various scientific committees have issued a number of scientific opinions that are relevant to the application to land of organic fertilisers and soil improvers. These include first, the opinion of 24 and 25 September 1998 of the Scientific Steering Committee on the safety of organic fertilisers derived from mammalian animals, second, the opinion of 24 April 2001 of the Scientific Committee on Toxicity, Ecotoxicity and the Environment on the evaluation of sludge treatments for pathogen reduction, third, the opinion of 10 and 11 May 2001 of the Scientific Steering Committee on the safety of organic fertilisers derived from ruminant materials and fourth, the opinion of 3 March 2004 of the Scientific Panel on Biological Hazards of the European Food Standards Authority on the safety vis-à-vis biological risk including TSEs of the application on pastureland of organic fertilisers and soil improvers. |
| --- | --- |

(2)

Various scientific committees have issued a number of scientific opinions that are relevant to the application to land of organic fertilisers and soil improvers. These include first, the opinion of 24 and 25 September 1998 of the Scientific Steering Committee on the safety of organic fertilisers derived from mammalian animals, second, the opinion of 24 April 2001 of the Scientific Committee on Toxicity, Ecotoxicity and the Environment on the evaluation of sludge treatments for pathogen reduction, third, the opinion of 10 and 11 May 2001 of the Scientific Steering Committee on the safety of organic fertilisers derived from ruminant materials and fourth, the opinion of 3 March 2004 of the Scientific Panel on Biological Hazards of the European Food Standards Authority on the safety vis-à-vis biological risk including TSEs of the application on pastureland of organic fertilisers and soil improvers.

| (3) | Those scientific opinions recommend that animal tissues that are likely to contain TSE agents should not be incorporated in organic fertilisers and soil improvers for use on land to which cattle may have access. Other materials may be used in the manufacture of organic fertilisers and soil improvers under certain health conditions involving heating and safe sourcing that further reduce any potential risks. |
| --- | --- |

(3)

Those scientific opinions recommend that animal tissues that are likely to contain TSE agents should not be incorporated in organic fertilisers and soil improvers for use on land to which cattle may have access. Other materials may be used in the manufacture of organic fertilisers and soil improvers under certain health conditions involving heating and safe sourcing that further reduce any potential risks.

| (4) | In the light of those scientific opinions, implementing rules, including control measures, should be laid down for the application to land of organic fertilisers and soil improvers, as well as digestion residues and compost. |
| --- | --- |

(4)

In the light of those scientific opinions, implementing rules, including control measures, should be laid down for the application to land of organic fertilisers and soil improvers, as well as digestion residues and compost.

| (5) | The implementing measures provided for in this Regulation should be without prejudice to transitional measures currently applicable pursuant to Regulation (EC) No 1774/2002. |
| --- | --- |

(5)

The implementing measures provided for in this Regulation should be without prejudice to transitional measures currently applicable pursuant to Regulation (EC) No 1774/2002.

| (6) | It should be possible to place on the market and export organic fertilisers and soil improvers provided the conditions set out in this Regulation are complied with. |
| --- | --- |

(6)

It should be possible to place on the market and export organic fertilisers and soil improvers provided the conditions set out in this Regulation are complied with.

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

(7)

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

Subject matter and scope

1.   This Regulation shall be without prejudice to transitional measures adopted in accordance with Regulation (EC) No 1774/2002.

2.   The Member States may apply stricter national rules than those provided for in this Regulation as regards the way organic fertilisers and soil improvers are used on their territory where such rules are justified on animal or public health grounds.

Article 2

Amendment

In Annex I to Regulation (EC) No 1774/2002, point 39 is replaced by the following:

| ‘39. | “pasture land” means land covered with grass or other herbage grazed by or used as feedingstuffs for farmed animals, excluding land to which organic fertilisers and soil improvers have been applied in accordance with Commission Regulation (EC) No 181/2006 (*1); |
| --- | --- |

‘39.

“pasture land” means land covered with grass or other herbage grazed by or used as feedingstuffs for farmed animals, excluding land to which organic fertilisers and soil improvers have been applied in accordance with Commission Regulation (EC) No 181/2006 (*1);

*1

Article 3

Requirements for organic fertilisers and soil improvers

Organic fertilisers and soil improvers shall be produced solely from Category 2 and Category 3 material.

Article 4

Pathogen control and packaging and labelling

Organic fertilisers and soil improvers shall comply with the requirements regarding pathogen control and packaging and labelling set out in parts I and II of the Annex.

Article 5

Transport

Organic fertilisers and soil improvers shall be transported in accordance with the requirements set out in part III of the Annex.

Article 6

Use and special grazing restrictions

1.   The special grazing restrictions set out in part IV of the Annex shall apply where organic fertilisers and soil improvers are applied to land.

2.   Processed products derived from the processing of animal by-products in a processing plant in accordance with Regulation (EC) No 1774/2002 shall not be applied as such directly to land where farmed animals might have access.

Article 7

Records

The person responsible for land to which organic fertilisers and soil improvers are applied and to which farmed animals have access shall keep records for at least two years of:

| (a) | the quantities of organic fertilisers and soil improvers applied; |
| --- | --- |

(a)

the quantities of organic fertilisers and soil improvers applied;

| (b) | the date on which and the places where organic fertilisers and soil improvers were applied to land; |
| --- | --- |

(b)

the date on which and the places where organic fertilisers and soil improvers were applied to land;

| (c) | the dates on which livestock is allowed to graze the land or on which the land is cropped for feedingstuffs. |
| --- | --- |

(c)

the dates on which livestock is allowed to graze the land or on which the land is cropped for feedingstuffs.

Article 8

Placing on the market, export and transit

The placing on the market, export and transit of organic fertilisers and soil improvers shall be subject to compliance with the requirements set out in parts I and II of the Annex.

Article 9

Control measures

1.   The competent authority shall take the necessary measures to ensure compliance with this Regulation.

2.   The competent authority shall carry out controls at regular intervals on land where organic fertilisers and soil improvers are applied and to which farmed animals may have access.

3.   If controls carried out by the competent authority show that this Regulation is not complied with, the competent authority shall take appropriate action.

Article 10

Entry into force

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

Official Journal of the European Union

It shall apply from 1 April 2006.

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

Done at Brussels, 1 February 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

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

1

---

ANNEX

REQUIREMENTS FOR ORGANIC FERTILISERS AND SOIL IMPROVERS TO BE APPLIED TO LAND

I.   Pathogen control

Producers of organic fertilisers and soil improvers must ensure that decontamination of pathogens is carried out prior to their application to land, in accordance with:

| — | Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002 in the case of processed animal protein or processed products derived from Category 2 material; |
| --- | --- |

—

Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002 in the case of processed animal protein or processed products derived from Category 2 material;

| — | Chapter II of Annex VI of Regulation (EC) No 1774/2002 in the case of compost and biogas residues. |
| --- | --- |

—

Chapter II of Annex VI of Regulation (EC) No 1774/2002 in the case of compost and biogas residues.

II.   Packaging and labelling

| 1. | After processing and/or transformation in accordance with Article 5(2) or 6(2), as the case may be, of Regulation (EC) No 1774/2002, organic fertilisers and soil improvers shall be properly stored and transported packaged. |
| --- | --- |

1.

| 2. | The packaging shall be clearly and legibly labelled with the name and address of the manufacturing plant and shall bear the words ‘organic fertilisers and soil improvers/farmed animals must not be allowed access to the land for at least 21 days following application to land’. |
| --- | --- |

2.

III.   Transport

| 1. | The competent authority may decide not to apply points II(1) and (2) to organic fertilisers and soil improvers that are transported and/or used in the same Member State or transported to and/or used in another Member State where there is a mutual agreement to that effect, provided that decision does not present a risk to animal or public health. |
| --- | --- |

1.

| 2. | The commercial document accompanying organic fertilisers and soil improvers shall bear the words ‘organic fertilisers and soil improvers/farmed animals must not be allowed access to the land for at least 21 days following application to land’. |
| --- | --- |

2.

| 3. | A commercial document is not required if the organic fertilisers and soil improvers are supplied by retailers to final users other than business operators. |
| --- | --- |

3.

IV.   Special grazing restrictions

| 1. | The competent authority shall take all necessary measures to ensure that farmed animals do not have access to land to which organic fertilisers and soil improvers have been applied before 21 days have elapsed since the date of last application. |
| --- | --- |

1.

| 2. | Where over 21 days have elapsed since the date of last application of organic fertilisers and soil improvers, grazing may be allowed or the grass or other herbage may be cut for use in feedingstuffs, provided the competent authority does not consider that the practice presents a risk to animal or public health. |
| --- | --- |

2.

| 3. | The competent authority may lay down a longer period than specified in point 2 during which grazing is prohibited on animal or public health grounds. |
| --- | --- |

3.

| 4. | The competent authority shall ensure that codes of good agricultural practice are drafted and made available for use by those applying organic fertilisers and soil improvers to land, taking account of local circumstances. |
| --- | --- |

4.

---

| 2.2.2006 | EN | Official Journal of the European Union | L 29/35 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/35

---

COMMISSION REGULATION (EC) No 182/2006

of 1 February 2006

on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (2),

Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (3), and in particular Article 5(3) thereof,

Whereas:

| (1) | Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(1)

Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (2) | Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(2)

Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (3) | Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries. |
| --- | --- |

(3)

Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries.

| (4) | In the week of 23 to 27 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation. |
| --- | --- |

(4)

In the week of 23 to 27 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation.

| (5) | In the week 23 to 27 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding the contingent stipulated in Article 16 of Regulation (EC) No 1159/2003 for special preferential sugar. |
| --- | --- |

(5)

In the week 23 to 27 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding the contingent stipulated in Article 16 of Regulation (EC) No 1159/2003 for special preferential sugar.

| (6) | In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached, |
| --- | --- |

(6)

In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of import licence applications presented from 23 to 27 January 2006 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 2 February 2006.

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

Done at Brussels, 1 February 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 987/2005 (OJ L 167, 29.6.2005, p. 12).

1

(2)  
  OJ L 146, 20.6.1996, p. 1.

2

(3)  
  OJ L 162, 1.7.2003, p. 25. Regulation as last amended by Regulation (EC) No 568/2005 (OJ L 97, 15.4.2005, p. 9).

3

---

ANNEX

ACP–INDIA preferential sugar

Title II of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Barbados | 100 | |
| Belize | 100 | |
| Congo | 0 | reached |
| Fiji | 100 | |
| Guyana | 100 | |
| India | 92,9965 | reached |
| Côte d'Ivoire | 100 | |
| Jamaica | 100 | |
| Kenya | 100 | |
| Madagascar | 100 | |
| Malawi | 100 | |
| Mauritius | 100 | |
| Mozambique | 0 | reached |
| Saint Kitts and Nevis | 100 | |
| Swaziland | 100 | |
| Tanzania | 0 | reached |
| Trinidad and Tobago | 100 | |
| Zambia | 100 | |
| Zimbabwe | 0 | reached |

Country

Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted

Limit

Barbados

100

Belize

100

Congo

0

reached

Fiji

100

Guyana

100

India

92,9965

reached

Côte d'Ivoire

100

Jamaica

100

Kenya

100

Madagascar

100

Malawi

100

Mauritius

100

Mozambique

0

reached

Saint Kitts and Nevis

100

Swaziland

100

Tanzania

0

reached

Trinidad and Tobago

100

Zambia

100

Zimbabwe

0

reached

Special preferential sugar

Title III of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| India | 100 | reached |
| ACP | 0 | reached |

Country

Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted

Limit

India

100

reached

ACP

0

reached

CXL concessions sugar

Title IV of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Brazil | 0 | reached |
| Cuba | 100 | |
| Other third countries | 0 | reached |

Country

Week of 23.1.2006-27.1.2006: percentage of requested quantity to be granted

Limit

Brazil

0

reached

Cuba

100

Other third countries

0

reached

---

II Acts whose publication is not obligatory

Council

| 2.2.2006 | EN | Official Journal of the European Union | L 29/37 |
| --- | --- | --- | --- |

2.2.2006

EN

Official Journal of the European Union

L 29/37

---

COUNCIL DECISION

of 23 January 2006

amending Decision 90/424/EEC on expenditure in the veterinary field

(2006/53/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

| (1) | Avian influenza, previously called ‘avian plague’, is a very severe infection of birds that causes a very serious risk for animal health. The influenza virus of avian origin may, in certain conditions, also pose a risk for human health. |
| --- | --- |

(1)

Avian influenza, previously called ‘avian plague’, is a very severe infection of birds that causes a very serious risk for animal health. The influenza virus of avian origin may, in certain conditions, also pose a risk for human health.

| (2) | Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (3) provides for the possibility of a financial contribution from the Community to the Member States for the eradication of certain animal diseases. This Decision envisages the possibility of granting such contribution for the eradication of avian influenza caused by the so-called ‘highly pathogenic’ strains of virus. |
| --- | --- |

(2)

Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (3) provides for the possibility of a financial contribution from the Community to the Member States for the eradication of certain animal diseases. This Decision envisages the possibility of granting such contribution for the eradication of avian influenza caused by the so-called ‘highly pathogenic’ strains of virus.

| (3) | During recent avian influenza epidemics, outbreaks of disease caused by low pathogenic avian influenza viruses subsequently mutated into highly pathogenic viruses causing devastating consequences and risks for public health. Once mutation has occurred, the virus is extremely difficult to control. Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (4), establishes compulsory surveillance and control measures also in relation with the low pathogenic viruses, so that outbreaks of highly pathogenic avian influenza may be prevented. |
| --- | --- |

(3)

During recent avian influenza epidemics, outbreaks of disease caused by low pathogenic avian influenza viruses subsequently mutated into highly pathogenic viruses causing devastating consequences and risks for public health. Once mutation has occurred, the virus is extremely difficult to control. Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (4), establishes compulsory surveillance and control measures also in relation with the low pathogenic viruses, so that outbreaks of highly pathogenic avian influenza may be prevented.

| (4) | In the light of the adoption of Directive 2005/94/EC it is appropriate to modify Decision 90/424/EEC so that Community financial assistance may also be granted for those eradication measures carried out by the Member States to combat avian influenza virus strains of low pathogenicity that may mutate into highly pathogenic strains, |
| --- | --- |

(4)

In the light of the adoption of Directive 2005/94/EC it is appropriate to modify Decision 90/424/EEC so that Community financial assistance may also be granted for those eradication measures carried out by the Member States to combat avian influenza virus strains of low pathogenicity that may mutate into highly pathogenic strains,

HAS ADOPTED THIS DECISION:

Article 1

Decision 90/424/EEC is hereby amended as follows:

| 1. | Article 3 shall be amended as follows:






  (a) | in paragraph 1, the sixth indent shall be deleted; |
| --- | --- | --- |

1.

Article 3 shall be amended as follows:

(a)

in paragraph 1, the sixth indent shall be deleted;

| (b) | in paragraph 2, the first indent shall be replaced by the following:






  ‘— | the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,’; |
| --- | --- | --- |

(b)

in paragraph 2, the first indent shall be replaced by the following:

‘—

the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,’;

| (c) | paragraph 4 shall be replaced by the following:

  ‘4.   If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 3a, a new decision concerning the financial contribution by the Community, which might exceed the figure of 50 % laid down in the first indent of paragraph 5, may be adopted in accordance with the procedure laid down in Article 41. When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those mentioned in paragraph 2.’; |
| --- | --- |

(c)

paragraph 4 shall be replaced by the following:

‘4.   If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 3a, a new decision concerning the financial contribution by the Community, which might exceed the figure of 50 % laid down in the first indent of paragraph 5, may be adopted in accordance with the procedure laid down in Article 41. When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those mentioned in paragraph 2.’;

| 2. | the following Article shall be inserted:

  ‘Article 3a

  1.   This Article and Article 3(3) and (4) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.


  2.   The Member State concerned shall obtain a financial contribution from the Community for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (*1) have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately.


  3.   The financial contribution by the Community, divided if necessary into several tranches, shall be:






  — | 50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds; |
| --- | --- | --- |

2.

the following Article shall be inserted:

‘Article 3a

1.   This Article and Article 3(3) and (4) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.

2.   The Member State concerned shall obtain a financial contribution from the Community for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (*1) have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately.

3.   The financial contribution by the Community, divided if necessary into several tranches, shall be:

—

50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds;

| — | 50 % of the costs incurred by the Member State for, the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected; |
| --- | --- |

—

50 % of the costs incurred by the Member State for, the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected;

| — | where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination. |
| --- | --- |

—

where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.

(*1)  
  OJ L 10, 14.1.2006, p. 16.’;"

*1

| 3. | in Articles 6(1), 7(1) and 8(1) the reference ‘3a(1)’ shall be inserted after the reference ‘3(1)’. |
| --- | --- |

3.

in Articles 6(1), 7(1) and 8(1) the reference ‘3a(1)’ shall be inserted after the reference ‘3(1)’.

| 4. | in the Annex, the following indent shall be added to Group 1:






  ‘— | avian influenza’. |
| --- | --- | --- |

4.

in the Annex, the following indent shall be added to Group 1:

‘—

avian influenza’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 January 2006.

For the Council

The President

J. PRÖLL

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(1)  Opinion delivered on 1 December 2005 (not yet published in the Official Journal).

1

(2)  Opinion delivered on 28 September 2005 (not yet published in the Official Journal).

2

(3)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

3

(4)  
  OJ L 10, 14.1.2006, p. 16.

4

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