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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 456/2006

of 20 March 2006         

correcting Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 36 and the third subparagraph of Article 37(2) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1786/2003 is hereby corrected as follows:

Article 2

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

It shall apply from 1 April 2005.

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

Done at Brussels, 20 March 2006.

For the Council

The President

J. PRÖLL            

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(1)  Not yet published in the Official Journal.

(2)OJ L 270, 21.10.2003, p. 114. Regulation as amended by Regulation (EC) No 583/2004 (OJ L 91, 30.3.2004, p. 1).

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            COMMISSION REGULATION (EC) No 457/2006

of 20 March 2006         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 March 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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

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ANNEX

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

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

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            COMMISSION REGULATION (EC) No 458/2006

of 20 March 2006         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

Article 3

This Regulation shall enter into force on 21 March 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

----

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

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

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

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

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            COMMISSION REGULATION (EC) No 459/2006

of 20 March 2006         

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 21,897 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 March 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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

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

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

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            COMMISSION REGULATION (EC) No 460/2006

of 20 March 2006         

on the issue of import licences for garlic imported under the autonomous tariff quota opened by Regulation (EC) No 393/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 393/2006 of 6 March 2006 opening and providing for the administration of an autonomous tariff quota for garlic (1), and in particular Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers to the competent authorities of the Member States pursuant to Article 4(1) of Regulation (EC) No 393/2006, exceed the available quantities. The extent to which licences may be issued should therefore be determined,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences made by traditional importers pursuant to Article 4(1) of Regulation (EC) No 393/2006 and submitted to the Commission by the Member States on 16 March 2006 shall be issued for 2,319 % of the quantity applied for.

2.   Applications for import licences made by new importers pursuant to Article 4(1) of Regulation (EC) No 393/2006 and submitted to the Commission by the Member States on 16 March 2006 shall be issued for 0,857 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 21 March 2006.

It shall apply until 30 June 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 65, 7.3.2006, p. 18.

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            COMMISSION REGULATION (EC) No 461/2006

of 20 March 2006         

on the issue of import licences for certain preserved mushrooms imported under the autonomous tariff quota opened by Regulation (EC) No 392/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 392/2006 of 6 March 2006 opening and providing for the administration of an autonomous tariff quota for preserved mushrooms (1), and in particular Article 6(3) thereof,

Whereas:

Licence applications submitted by traditional and new importers to the competent authorities of the Member States under Article 4(1) of Regulation (EC) No 392/2006 exceed the available quantities. The extent to which licences may be issued should therefore be determined,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Import licences applied for by traditional importers pursuant to Article 4(1) of Regulation (EC) No 392/2006 and submitted to the Commission on 16 March 2006 shall be issued for 8,587 % of the quantity applied for.

2.   Import licences applied for by new importers pursuant to Article 4(1) of Regulation (EC) No 392/2006 and submitted to the Commission on 16 March 2006 shall be issued for 17,391 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 21 March 2006.

It shall apply until 30 June 2006.

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

Done at Brussels, 20 March 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 65, 7.3.2006, p. 14.

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            COMMISSION DIRECTIVE 2006/33/EC

of 20 March 2006         

amending Directive 95/45/EC as regards sunset yellow FCF (E 110) and titanium dioxide (E 171)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (1), and in particular Article 3(3)(a) thereof,

After consulting the European Food Safety Authority,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 95/45/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 April 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

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 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 20 March 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 40, 11.2.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 226, 22.9.1995, p. 1. Directive as last amended by Directive 2004/47/EC (OJ L 113, 20.4.2004, p. 24).

(3)OJ L 237, 10.9.1994, p. 13. Directive as amended by Regulation (EC) No 1882/2003.

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ANNEX

In the Annex to Directive 95/45/EC, Part B is amended as follows:

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 18 July 2005         

on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of API/PNR data

(2006/230/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Government of Canada on the processing of API/PNR data is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community in order to bind the Community (2).

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 18 July 2005.

For the Council

The President

J. STRAW            

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(1)  Not yet published in the Official Journal.

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

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            AGREEMENT         

between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data

THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA, hereinafter referred to as the ‘Parties’:

RECOGNISING the importance of respecting fundamental rights and freedoms, notably the right to privacy, and the importance of respecting these values while preventing and combating terrorism and related crimes and other serious crimes that are transnational in nature, including organised crime;

HAVING REGARD to the Government of Canada requirement of air carriers carrying persons to Canada to provide Advance Passenger Information and Passenger Name Record (hereinafter API/PNR) data to the competent Canadian authorities, to the extent it is collected and contained in carriers’ automated reservation systems and departure control systems (DCS);

HAVING REGARD to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and in particular Article 7(c) thereof;

HAVING REGARD to the Commitments made by the relevant competent authority with regard to the way in which it will process API/PNR data received from air carriers (hereinafter the Commitments);

HAVING REGARD to the relevant Commission Decision, pursuant to Article 25(6) of Directive 95/46/EC, (hereinafter the Decision), whereby the relevant Canadian competent authority is considered as providing an adequate level of protection for API/PNR data transferred from the European Community (hereinafter the Community) concerning passenger flights to Canada, in accordance with the relevant Commitments, which are annexed to the respective Decision;

HAVING REGARD to the Revised Guidelines on API adopted by the World Customs Organisation (WCO), the International Air Transport Association (IATA) and the International Civil Aviation Organisation (ICAO);

COMMITTED to work together to assist the ICAO in the development of a multilateral standard for the transmission of PNR data obtained from commercial airlines;

HAVING REGARD to the possibility of effecting modifications to Annex I to this Agreement in the future by simplified procedures, particularly with regard to ensuring reciprocity between the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

1.   The purpose of this Agreement is to ensure that API/PNR data of persons on eligible journeys is provided in full respect of fundamental rights and freedoms, in particular the right to privacy.

2.   An eligible journey is a passage by an air carrier from the territory of one Party to the territory of the requesting Party.

Article 2

Competent authorities

A competent authority of a requesting Party is an authority responsible in Canada or in the European Union for processing API/PNR data of persons on eligible journeys as specified in Annex I to this Agreement, which forms an integral part thereof.

Article 3

Processing of API/PNR data

1.   The Parties agree that API/PNR data of persons on eligible journeys will be processed as outlined in the Commitments made by the competent authority obtaining the API/PNR data.

2.   The Commitments set forth the rules and procedures for the transmission and protection of API/PNR data of persons on eligible journeys provided to a competent authority.

3.   The competent authority shall process API/PNR data received and treat persons on eligible journeys to which the API/PNR data relates in accordance with applicable laws and constitutional requirements, without discrimination, in particular on the basis of nationality and/or country of residence.

Article 4

Access, correction and notation

1.   A competent authority shall afford to a person who is not present in the territory in which that authority exercises jurisdiction, to whom the API/PNR data processed pursuant to this Agreement relates, access to the data as well as the opportunity to seek correction if it is erroneous or add a notation to indicate a correction request was made.

2.   The opportunity provided by the competent authority for access, correction and notation with respect to such data shall be afforded in circumstances similar to those where it would be available to persons present in the territory in which that authority exercises jurisdiction.

Article 5

Obligation to process API/PNR data

1.   In relation to the application of this Agreement within the Community, as it relates to the processing of personal data, air carriers operating eligible journeys from the Community to Canada shall process API/PNR data contained in their automated reservation systems and DCS as required by the competent Canadian authorities pursuant to Canadian law. The list of PNR data elements that air carriers operating eligible journeys shall transfer to the Canadian competent authority is contained in Annex II to this Agreement, which forms an integral part thereof.

2.   The obligation set forth in paragraph 1 shall only apply for as long as the Decision is applicable, ceasing to have effect on the date that the Decision is repealed, suspended or expires without being renewed.

Article 6

Joint Committee

1.   A Joint Committee is hereby established, consisting of representatives of each Party, who will be notified to the other Party through diplomatic channels. The Joint Committee shall meet at a place, on a date and with an agenda fixed by mutual consent. The first meeting shall take place within six months of entry into force of this Agreement.

2.   The Joint Committee shall, inter alia:

3.   The Parties represented in the Joint Committee may agree modifications to Annex I to this Agreement, which will apply as from the date of such agreement.

Article 7

Settlement of disputes

The Parties shall consult promptly at the request of either concerning any dispute, which has not been resolved by the Joint Committee.

Article 8

Joint reviews

In accordance with Annex III to this Agreement, which forms an integral part thereof, the Parties shall conduct on an annual basis, or as otherwise agreed, a Joint Review of the implementation of this Agreement and any matters related thereto, including developments such as the definition by the ICAO of relevant PNR guidelines.

Article 9

Entry into force, amendments to and termination of the Agreement

1.   This Agreement shall enter into force following an exchange of notifications between the Parties advising that the procedures required for entry into force thereof have been completed. This Agreement shall come into force on the date of the second notification.

2.   Without prejudice to Article 6(3), this Agreement may be amended by an Agreement between the Parties. Such amendment shall enter into force 90 days after the Parties have exchanged notifications of completion of the relevant internal procedures.

3.   This Agreement may be terminated by either Party at any time following written notification not less than 90 days in advance of the proposed termination date.

Article 10

This Agreement is not intended to derogate from or amend legislation of the Parties.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.

DONE, in duplicate, in Luxembourg, this third day of October two thousand and five, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic. In case of divergence the English and French versions shall prevail.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por el Gobierno de Canadá

Za vládu Kanady

For Canadas regering

Für die Regierung Kanadas

Kanada valitsuse nimel

Για την Κυβέρνηση του Καναδά

For the Government of Canada

Pour le gouvernement du Canada

Per il governo del Canada

Kanādas Valdības vārdā

Kanados Vyriausybės vardu

Kanada kormánya részéről

Għall-Gvern tal-Kanada

Voor de Regering van Canada

W imieniu rządu Kanady

Pelo Governo do Canadá

Za vládu Kanady

Za Vlado Kanade

Kanadan hallituksen puolesta

På Canadas regerings vägnar

ANNEX I

Competent authorities

For the purpose of Article 3, the competent authority for Canada is the Canada Border Services Agency (CBSA).

ANNEX II

PNR data elements to be collected

ANNEX III

Joint review

The Parties will communicate to each other in advance of the joint review the composition of their respective teams, which may include appropriate authorities concerned with privacy/data protection, customs, immigration, enforcement, intelligence and interdiction, and other forms of law enforcement, border security and/or aviation security, including experts from Member States of the European Union.

Subject to applicable laws, any participants in the review will be required to respect the confidentiality of the discussions and have appropriate security clearances. Confidentiality will not however be an obstacle to each Party making an appropriate report on the results of the joint review to their respective competent bodies, including the Parliament of Canada and the European Parliament.

The Parties will jointly determine the detailed modalities of the joint review.

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Acts adopted under Title V of the Treaty on European Union

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            COUNCIL COMMON POSITION 2006/231/CFSP

of 20 March 2006         

updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2005/936/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

HAS ADOPTED THIS COMMON POSITION:

Article 1

The list of persons, groups and entities to which Common Position 2001/931/CFSP applies is contained in the Annex hereto.

Article 2

Common Position 2005/936/CFSP is hereby repealed.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 20 March 2006.

For the Council

The President

U. PLASSNIK            

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(1)OJ L 344, 28.12.2001, p. 93.

(2)OJ L 340, 23.12.2005, p. 80.

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ANNEX

List of persons, groups and entities referred to in Article 1 (1)

1.   PERSONS

2.   GROUPS AND ENTITIES

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(1)  Persons, groups and entities marked with an * shall be the subject of Article 4 of Common Position 2001/931/CFSP only.

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