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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 1028/2006

of 19 June 2006         

on marketing standards for eggs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 2(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter and scope

1.   This Regulation lays down the conditions of marketing within the Community of the eggs produced in the Community or imported from third countries.

Those conditions of marketing shall also apply to eggs intended for export outside the Community.

2.   Member States may exempt from the requirements of this Regulation, with the exception of Article 4(3), eggs sold directly to the final consumer by the producer:

Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or not. Where this exemption is applied, no quality and weight grading may be used.

The Member State may establish, according to national law, the definition of the terms local public market, door-to-door selling and region of production.

Article 2

Definitions

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

Article 3

Quality and weight grading

1.   Eggs shall be graded by quality as follows:

2.   Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered to the food and non-food industry.

3.   Class B eggs shall only be delivered to the food and non-food industry.

Article 4

Marking of eggs

1.   Class A eggs shall be marked with the producer code.

Class B eggs shall be marked with the producer code and/or with another indication.

Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on their territory.

2.   The marking of eggs in accordance with paragraph 1 shall take place at the production site or at the first packing centre to which eggs are delivered.

3.   Eggs sold by the producer to the final consumer on a local public market in the region of production of the Member State concerned shall be marked in accordance with paragraph 1 of this Article.

However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that the name and address of the producer are indicated at the point of sale.

Article 5

Packing centres

1.   Packing centres shall grade and pack eggs and label their packs.

2.   The competent authority shall authorise packing centres to grade eggs and shall allot a packing centre code to any operator whose premises and technical equipment are suitable for grading eggs by quality and weight. No suitable technical equipment for grading eggs by weight shall be required for packing centres working exclusively for the food and non-food industry.

3.   Such authorisation may be withdrawn whenever the required conditions laid down in the implementing rules adopted pursuant to Article 11 are no longer fulfilled.

Article 6

Import of eggs

1.   The Commission shall evaluate marketing standards for eggs applicable in exporting third countries on request of the country concerned. This evaluation shall extend to the rules on marking and labelling, farming methods and controls as well as implementation. If it finds that the rules applied offer sufficient guarantees as to equivalence with Community legislation, eggs imported from the countries concerned shall be marked with a distinguishing number equivalent to the producer code.

2.   The Commission shall, where necessary, conduct negotiations with third countries aimed at finding appropriate ways of offering guarantees as referred to in paragraph 1 and concluding agreements on such guarantees.

3.   If sufficient guarantees as to equivalence of rules are not provided, imported eggs from the third country concerned shall bear a code permitting the identification of the country of origin and the indication that the farming method is ‘unspecified’.

Article 7

Checks

1.   The Member States shall appoint inspection services to check compliance with this Regulation.

2.   The inspection services referred to in paragraph 1 shall check the products covered by this Regulation at all stages of marketing. Apart from random sampling, checks shall be carried out on the basis of a risk analysis, taking into account the type and throughput of the establishment concerned, as well as the operator's past records as regards compliance with the marketing standards for eggs.

3.   For Class A eggs imported from third countries, checks provided for in paragraph 2 shall be made at the time of customs clearance and prior to the release for free circulation.

Class B eggs imported from third countries shall be released for free circulation only after checking at the time of customs clearance that their final destination is the processing industry.

Article 8

Penalties

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

Article 9

Communications

The Member States and the Commission shall communicate to each other the information necessary for the application of this Regulation.

Article 10

Committee

1.   The Commission shall be assisted by the Management Committee for Poultrymeat and Eggs.

2.   Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3.   The Committee shall adopt its Rules of Procedure.

Article 11

Implementing rules

Detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure referred to in Article 10(2), in particular regarding:

Article 12

Repeal

1.   Regulation (EEC) No 1907/90 is repealed with effect from 1 July 2007.

2.   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

Article 13

Entry into force

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

It shall apply from 1 July 2007.

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

Done at Luxembourg, 19 June 2006.

For the Council

The President

J. PRÖLL            

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(1)OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2)OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation (EC) No 1039/2005 (OJ L 172, 5.7.2005, p. 1).

(3)OJ L 30, 31.1.2002, p. 44. Directive as amended by the 2003 Act of Accession.

(4)OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(5)OJ L 184, 17.7.1999, p. 23.

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ANNEX

Correlation table

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            COUNCIL REGULATION (EC) No 1029/2006

of 19 June 2006         

amending Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular Article 2(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1906/90 is hereby amended as follows:

Article 2

This Regulation shall enter into force on the seventh day after 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 Luxembourg, 19 June 2006.

For the Council

The President

J. PRÖLL            

----

(1)OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2)OJ L 55, 8.3.1971, p. 23.

(3)OJ L 157, 30.4.2004, p. 33. Corrected version in OJ L 195, 2.6.2004, p. 12.

(4)OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226, 25.6.2004, p. 3.

(5)OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(6)OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21).

(7)OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(8)OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation (EC) No 1101/98 (OJ L 157, 30.5.1998, p. 12).

(9)OJ L 251, 24.9.1980, p. 10.

(10)OJ L 62, 15.3.1993, p. 1. Directive as amended by the 1994 Act of Accession.

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            COMMISSION REGULATION (EC) No 1030/2006

of 6 July 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 7 July 2006.

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

Done at Brussels, 6 July 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 6 July 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 1031/2006

of 4 July 2006         

implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society

(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 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (1), and in particular Articles 8 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The data to be transmitted for the production of Community statistics on the information society as laid down in Articles 3(2) and 4 of Regulation (EC) No 808/2004 shall be as specified in Annexes I and II to this Regulation.

Article 2

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

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

Done at Brussels, 4 July 2006.

For the Commission

Joaquín ALMUNIA            

Member of the Commission

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(1)OJ L 143, 30.4.2004, p. 49.

(2)OJ L 181, 28.6.1989, p. 47.

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ANNEX I

Module 1:   Enterprises and the information society

1.   SUBJECTS AND THEIR CHARACTERISTICS

(a)   The subjects to be covered for the reference year 2007, selected from the list in Annex I to Regulation (EC) No 808/2004, are the following:

(b)   The following enterprise characteristics shall be collected:

ICT systems and their usage in enterprises

Characteristics to be collected for all enterprises:

Characteristics to be collected for enterprises that use computers:

Characteristics to be collected for enterprises that have an IT system to manage the placing and/or receipt of orders:

Use of Internet and other electronic networks by enterprises

Characteristics to be collected for enterprises that use computers:

Characteristics to be collected for enterprises that have access to Internet:

Characteristics to be collected for enterprises that interacted with public authorities via Internet, in the previous calendar year:

Characteristics to be collected for enterprises that have a website:

e-Commerce and e-Business processes

Characteristics to be collected for enterprises that use computers:

Characteristics to be collected for enterprises that have access to Internet, and not classified in Section J of NACE Rev. 1.1:

Characteristics to be collected for enterprises that have ordered via Internet, and not classified in Section J of NACE Rev. 1.1:

Characteristics to be collected for enterprises that have received orders via Internet, and not classified in Section J of NACE Rev. 1.1:

Characteristics to be collected for enterprises that use computers, and not classified in Section J of NACE Rev. 1.1:

Characteristics to be collected for enterprises that have ordered via computer networks other than Internet, and not classified in Section J of NACE Rev. 1.1:

Characteristics to be collected for enterprises that have received orders via computer networks other than Internet, and not classified in Section J of NACE Rev. 1.1:

ICT competence in the enterprise unit and the demand for ICT skills

Characteristics to be collected for enterprises that use computers:

Characteristics to be collected for enterprises that employ ICT/IT specialists:

Characteristics to be collected for enterprises that have recruited or have tried to recruit ICT/IT specialists:

Characteristics to be collected for enterprises that have recruited or have tried to recruit personnel for jobs requiring skills in the use of ICT:

Characteristics to be collected for enterprises that engaged foreign suppliers to perform ICT functions:

(Optional) characteristics to be collected for enterprises that engaged foreign suppliers to perform business functions:

Characteristics to be collected for enterprises that have hard-to-fill vacancies for jobs requiring ICT/IT specialists:

(c)   The following enterprise background characteristics shall be collected or obtained from alternative sources:

2.   COVERAGE

The characteristics defined in headings 1(b) and 1(c) of this Annex are to be collected and obtained for enterprises classified in the following economic activities, of the following enterprise size and with the following geographical scope.

(a)   Economic activity: enterprises classified in the following categories of NACE-Rev. 1.1:

Enterprises classified in the following categories of NACE-Rev. 1.1 are to be covered optionally:

(b)   Enterprise size: enterprises with 10 or more persons employed; enterprises with fewer than 10 persons employed are to be covered optionally;

(c)   Geographical scope: enterprises located in any part of the territory of the Member State.

3.   REFERENCE PERIODS

The reference period is the year 2006 for the characteristics which refer to the previous calendar year. The reference period is January 2007 for the other characteristics.

4.   BREAKDOWNS

The subjects and their characteristics listed in heading 1(b) of this Annex shall be provided separately for the following breakdowns.

(a)   Economic activity breakdown: Data shall be broken down according to the following NACE Rev. 1.1 aggregates:

NACE aggregation

(b)   Size class breakdown: data shall be broken down by the following size classes of the number of persons employed:

Size class

(c)   Geographical breakdown: data shall be broken down by the following regional groups:

Regional Group

5.   PERIODICITY

The data shall be provided once for the year 2007.

6.   DEADLINES

(a)   The aggregate data, where necessary flagged for confidentiality or unreliability, referred to in Article 6 of Regulation (EC) No 808/2004 shall be forwarded to Eurostat before 5 October 2007. By that date, the dataset has to be finalised, validated and accepted. The tabulated, computer readable transmission format shall follow the instructions provided by Eurostat.

(b)   The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be forwarded to Eurostat before 31 May 2007. The metadata shall follow the report template provided by Eurostat.

(c)   The quality report referred to in Article 7(4) of Regulation (EC) No 808/2004 shall be forwarded to Eurostat by 5 November 2007. The quality report shall follow the report template provided by Eurostat.

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ANNEX II

Module 2:   Individuals, households and the information society

1.   SUBJECTS AND THEIR CHARACTERISTICS

(a)   The subjects to be covered for the reference year 2007, selected from the list in Annex II to Regulation (EC) No 808/2004 of the European Parliament and of the Council, are the following:

(b)   The following characteristics shall be collected:

Access to and use of ICT systems by individuals and/or in households

Characteristics to be collected for all households:

Characteristics to be collected for households with access to the Internet at home:

Characteristics to be collected for all individuals:

Characteristics to be collected for all individuals, except retired persons:

Characteristics to be collected for individuals having used a computer in the last three months:

Use of Internet for different purposes by individuals and/or in households

Characteristics to be collected for all individuals:

Characteristics to be collected for individuals having already used the Internet:

Characteristics to be collected for individuals having used the Internet in the last three months:

Characteristics to be collected for individuals having used the Internet in the last 3 months for private purposes for reading or downloading online newspapers and news magazines:

Characteristics to be collected for individuals having used the Internet in the last three months and having taken part in a course in the last three months:

Characteristics to be collected for individuals having used the Internet for Internet commerce activities in the last twelve months:

ICT security

Characteristics to be collected for individuals having used the Internet in the last three months:

ICT competence

Characteristics to be collected for individuals having ever used a computer:

Characteristics to be collected for individuals having ever used the Internet:

Characteristics to be collected for individuals having one or more computer or Internet skills:

Barriers to use of ICT and the Internet

Characteristics to be collected for households with access to the Internet at home, but not via broadband connection:

Characteristics to be collected for individuals having used the Internet in the last three months and wanting to make more use of the Internet:

Characteristics to be collected for individuals having ever used a computer but not having taken a course (of at least three hours) on any aspect of computer use in the last three years:

Characteristics to be collected for individuals having ever used a computer but not having taken a course (of at least three hours) on any aspect of computer use in the last three years but possibly needing to take one:

2.   COVERAGE

(a)   The statistical units to be represented for the characteristics listed in heading 1(b) of this Annex that relate to households are households with at least one member in the age group 16 to 74.

(b)   The statistical units to be represented for the characteristics listed in heading 1(b) of this Annex that relate to individuals are the individuals aged 16 to 74.

(c)   The geographical scope shall cover households and/or individuals living in any part of the territory of the Member State.

3.   REFERENCE PERIOD

The reference period for the statistics to be collected is the first quarter of 2007.

4.   BREAKDOWNS

(a)   For the subjects and their characteristics listed in heading 1(b) of this Annex that relate to households, the following background characteristics shall be collected:

(b)   For the subjects and their characteristics listed in heading 1(b) of this Annex that relate to individuals, the following background characteristics shall be collected:

5.   PERIODICITY

The data shall be provided once for the year 2007.

6.   DEADLINES FOR TRANSMISSION OF RESULTS

(a)   The aggregate data, where necessary flagged for confidentiality or unreliability, referred to in Article 6 of Regulation (EC) No 808/2004 of the European Parliament and of the Council shall be forwarded to Eurostat before 5 October 2007. By that date, the dataset has to be finalised, validated and accepted. The tabulated, computer readable transmission format shall follow the instructions provided by Eurostat.

(b)   The metadata referred to in Article 6 of Regulation (EC) No 808/2004 of the European Parliament and of the Council shall be forwarded to Eurostat before 31 May 2007. The metadata shall follow the report template provided by Eurostat.

(c)   The quality report referred to in Article 7(4) of Regulation (EC) No 808/2004 of the European Parliament and of the Council shall be forwarded to Eurostat by 5 November 2007. The quality report shall follow the report template provided by Eurostat.

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            COMMISSION REGULATION (EC) No 1032/2006

of 6 July 2006         

laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units

(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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (1), and in particular Article 3(1) thereof,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter and scope

1.   This Regulation lays down requirements for the automatic exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units and for the purposes of civil-military coordination.

2.   This Regulation shall apply to:

3.   This Regulation shall not apply to the exchange of flight data between air traffic control units served by flight data processing systems identified in paragraph 2 for which the flight data covered by this Regulation are synchronised by means of a common system.

Article 2

Definitions

1.   For the purpose of this Regulation the definitions set out in Regulation (EC) No 549/2004 shall apply.

2.   In addition to the definitions referred to in paragraph 1 the following definitions shall apply:

Article 3

Interoperability and performance requirements

1.   Air navigation service providers shall ensure that the systems referred to in Article 1(2)(a) and serving ACCs, comply with the interoperability and performance requirements specified in Annex I, Parts A and B.

2.   Air navigation service providers that have specified in their letter of agreement that they will implement the notification, the initial coordination, the revision of coordination, the abrogation of coordination, the basic flight data or the change to basic flight data processes between ATC units other than ACCs, shall ensure that the systems referred to in Article 1(2)(a), comply with the interoperability and performance requirements specified in Annex I, Parts A and B.

3.   Air navigation service providers that have specified in their letter of agreement that they will implement the pre-departure notification and coordination, the change of frequency or the manual assumption of communications processes, shall ensure that the systems referred in Article 1(2)(a) comply with the interoperability and performance requirements specified in Annex I, Parts A and C.

4.   Member States shall ensure that the systems referred to in Article 1(2)(b) comply with the interoperability and performance requirements specified in Annex I, Parts A and B, in respect of the basic flight data and the change of basic flight data processes.

5.   When air traffic services units and controlling military units have implemented between their systems referred to in Article 1(2)(b) the crossing intention notification, the crossing clearance request, the crossing counter-proposal or the crossing cancellation processes, Member States shall ensure that these systems comply with the interoperability and performance requirements specified in Annex I, Parts A and C.

Article 4

Quality of service requirements

1.   Air navigation service providers shall ensure that the systems referred to in Article 1(2)(a) comply with the requirements concerning quality of service, specified in Annex II.

2.   Member States shall ensure that the systems referred to in Article 1(2)(b) comply with the requirements concerning quality of service, specified in Annex II.

Article 5

Associated procedures

1.   For a flight subject to initial coordination, the agreed transfer conditions of a flight shall be operationally binding for both ATC units unless the coordination is abrogated or revised.

2.   For a flight subject to revision of coordination, the agreed transfer conditions of a flight shall be operationally binding for both ATC units unless the coordination is abrogated or the conditions are further revised.

3.   Where completion of the revision or abrogation of coordination process is not confirmed in accordance with the applicable quality of service requirements, the transferring unit shall initiate verbal coordination.

Article 6

Safety requirements

Member States shall take the necessary measures to ensure that any changes to the existing automatic systems for the exchange of flight data covered by this Regulation or the introduction of new systems are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned.

During this safety assessment, the safety requirements specified in Annex III shall be taken into consideration as a minimum.

Article 7

Conformity or suitability for use of constituents

Before issuing an EC declaration of conformity or suitability for use referred to in Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 1(2)(a) and (b) shall assess the conformity or suitability for use of these constituents in compliance with the requirements set out in Annex IV, Part A.

Article 8

Verification of systems

1.   Air navigation service providers which can demonstrate that they fulfil the conditions set out in Annex V shall conduct a verification of the systems referred to in Article 1(2)(a) in compliance with the requirements set out in Annex IV, Part B.

2.   Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex V shall subcontract to a notified body a verification of the systems referred to in Article 1(2)(a). This verification shall be conducted in compliance with the requirements set out in Annex IV, Part C.

3.   Member States shall ensure that the verification of the systems referred in Article 1(2)(b) demonstrates the conformity of these systems with the interoperability and performance, quality of service and safety requirements of this Regulation.

Article 9

Compliance

Member States shall take the necessary measures to ensure compliance with this Regulation.

Article 10

Transitional arrangements

1.   The transitional arrangements provided for in Article 10(1) of Regulation (EC) No 552/2004 shall apply to the European air traffic management network (hereinafter EATMN) systems referred in Article 1(2), as from the entry into force of this Regulation in respect of the notification and the initial coordination processes.

They shall apply to the EATMN systems from 1 January 2009 in respect of the revision of coordination, the abrogation of coordination, the basic flight data and the change to the basic flight data processes.

2.   The transitional arrangements provided for in Article 10(2) of Regulation (EC) No 552/2004 shall apply to the systems referred in Article 1(2), from 31 December 2012.

Article 11

Entry into force

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

It shall apply from 1 January 2009 to all EATMN systems referred to in Article 1(2) in respect of the revision of coordination, the abrogation of coordination, the basic flight data and the change to the basic flight data processes.

It shall apply from 31 December 2012 to all EATMN systems referred to in Article 1(2) in operation by that date.

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

Done at Brussels, 6 July 2006.

For the Commission

Jacques BARROT            

Vice-President

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(1)OJ L 96, 31.3.2004, p. 26.

(2)OJ L 96, 31.3.2004, p. 1.

(3)OJ L 254, 9.10.2000, p. 1.

(4)OJ L 96, 31.3.2004, p. 9.

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ANNEX I

Interoperability and performance requirements

(referred to in Article 3)

PART A:   GENERAL REQUIREMENTS

1.   SYSTEM REQUIREMENTS

2.   RECORDING OF SYSTEM INFORMATION EXCHANGE DATA

PART B:   REQUIREMENTS FOR MANDATORY PROCESSES SUPPORTED BY SYSTEM INFORMATION EXCHANGES

1.   NOTIFICATION

1.1.   Flight information concerned

1.2.   Rules of application

1.3.   Time criteria for the initiation of the notification process

2.   INITIAL COORDINATION

2.1.   Flight information concerned

2.2.   Rules of application

3.   REVISION OF COORDINATION

3.1.   Flight information concerned

3.2.   Rules of application

4.   THE ABROGATION OF COORDINATION

4.1.   Flight information concerned

4.2.   Rules of application

5.   BASIC FLIGHT DATA

5.1.   Flight information concerned

5.2.   Rules of application

6.   CHANGE TO BASIC FLIGHT DATA

6.1.   Flight information concerned

6.2.   Rules of application

PART C:   REQUIREMENTS FOR OPTIONAL PROCESSES SUPPORTED BY SYSTEM INFORMATION EXCHANGES

1.   PRE-DEPARTURE NOTIFICATION AND COORDINATION

1.1.   Flight information concerned

1.2.   Rules of Application

2.   CHANGE OF FREQUENCY

2.1.   Flight information concerned

2.2.   Rules of application

3.   MANUAL ASSUMPTION OF COMMUNICATIONS

3.1.   Flight information concerned

3.2.   Rules of application

4.   CROSSING INTENTION NOTIFICATION

4.1.   Flight information concerned

4.2.   Rules of application

5.   CROSSING CLEARANCE REQUEST

5.1.   Flight information concerned

5.2.   Rules of application

5.3.   Operational reply

6.   CROSSING COUNTER-PROPOSAL

6.1.   Flight information concerned

6.2.   Rules of application

6.3.   Operational reply

7.   CROSSING CANCELLATION

7.1.   Flight information concerned

7.2.   Rules of application

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ANNEX II

Requirements concerning quality of service

(referred to in Article 4)

1.   Availability, reliability, data security and data integrity

2.   Process times

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ANNEX III

Safety requirements

(referred to in Article 6)

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ANNEX IV

PART A:   REQUIREMENTS FOR THE ASSESSMENT OF THE CONFORMITY OR SUITABILITY FOR USE OF CONSTITUENTS REFERRED TO IN ARTICLE 7

PART B:   REQUIREMENTS FOR THE VERIFICATION OF SYSTEMS REFERRED TO IN ARTICLE 8(1)

PART C:   REQUIREMENTS FOR THE VERIFICATION OF SYSTEMS REFERRED TO IN ARTICLE 8(2)

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ANNEX V

Conditions referred to in Article 8

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            COMMISSION REGULATION (EC) No 1033/2006

of 4 July 2006         

laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky

(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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management Network (the interoperability Regulation) (1), and in particular Article 3(1) thereof,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.   This Regulation lays down the requirements on procedures for flight plans in the pre-flight phase in order to ensure the consistency of flight plans, repetitive flight plans and associated update messages between operators, pilots and air traffic services units through the Integrated Initial Flight Plan Processing System, either in the period preceding the first delivery of air traffic control clearance for flights taking off from within the airspace covered by this Regulation or in the period preceding entry into that airspace for other flights.

2.   This Regulation shall apply to all flights intended to operate or operating as general air traffic in accordance with instrument flight rules within the airspace defined in Article 1(3) of Regulation (EC) No 551/2004.

3.   This Regulation shall apply to each of the following parties involved in the submission, modification, acceptance and distribution of flight plans:

Article 2

Definitions

1.   For the purposes of this Regulation the definitions set out in Regulation (EC) No 549/2004 shall apply.

2.   In addition to the definitions referred to in paragraph 1 the following definitions shall apply:

Article 3

Interoperability and performance requirements

1.   The ICAO provisions specified in the Annex shall apply to the submission, acceptance and distribution of flight plans for every flight subject to this Regulation and to all changes to a key item in a flight plan in the pre-flight phase in accordance with this Regulation.

2.   Member States shall take the necessary measures to ensure that when IFPS receives a flight plan, or change thereto, it:

3.   Member States shall take the necessary measures to ensure that IFPS communicates to all affected ATS units the accepted flight plan and any accepted pre-flight phase changes to the key items of the flight plan and associated update messages.

4.   The originator, when not being the operator or the pilot, shall ensure that the conditions of acceptance of a flight plan and any necessary changes to these conditions as notified by IFPS are made available to the operator or the pilot who has submitted the flight plan.

5.   The operator shall ensure that the conditions of acceptance of a flight plan and any necessary changes thereto as notified by IFPS to the originator are incorporated into the planned flight operation and communicated to the pilot.

6.   The operator shall ensure prior to operation of the flight that the content of the initial flight plan correctly reflects the operational intentions.

7.   ATC units shall, during the pre-flight phase, make available through IFPS any necessary changes affecting the route or flight level key items of a flight plan that could affect the safe conduct of a flight, for flight plans and associated update messages previously received by them from IFPS.

No other changes to or cancellation of a flight plan shall be made by an ATC unit in the pre-flight phase without coordination with the operator.

8.   Member States shall take the necessary measures to ensure that IFPS communicates any necessary pre-flight phase changes referred to in the first subparagraph of paragraph 7 to the originator of the flight plan.

9.   When no flight plan has previously been received from IFPS by ATS units for a flight entering the airspace under their responsibility, the units concerned shall make available through IFPS at least the aircraft identification, aircraft type, point of entry to their area of responsibility, time and flight level at that point, route and destination aerodrome for such flights.

Article 4

Safety requirements

Member States shall take the necessary measures to ensure that any changes to the existing procedures for flight plans in the pre-flight phase covered by this Regulation or any introduction of new procedures are preceded by a safety assessment, including hazard identification, risk assessment and mitigation processes, conducted by the parties concerned.

Article 5

Additional requirements

1.   ATS units shall ensure that their personnel involved in flight planning are made duly aware of the relevant provisions in this Regulation and that they are adequately trained for their job functions.

2.   Member States shall take the necessary measures to ensure that the personnel operating the IFPS involved in flight planning are made duly aware of the relevant provisions of this Regulation and that they are adequately trained for their job functions.

3.   ATS units shall:

4.   Member States shall take the necessary measures to ensure that the centralised flight planning processing and distribution service:

5.   Member States shall take the necessary measures to ensure compliance with this Regulation.

Article 6

Entry into force and application

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

It shall apply from 1 January 2009.

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

Done at Brussels, 4 July 2006.

For the Commission

Jacques BARROT            

Vice-President

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(1)OJ L 96, 31.3.2004, p. 26.

(2)OJ L 96, 31.3.2004, p. 1.

(3)OJ L 96, 31.3.2004, p. 20.

(4)  Tenth edition — July 2005 — www.icao.int

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ANNEX

ICAO provisions referred to in Article 3(1)

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            COMMISSION REGULATION (EC) No 1034/2006

of 6 July 2006         

fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 July 2006.

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

Done at Brussels, 6 July 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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ANNEX

to the Commission Regulation of 6 July 2006 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

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            COMMISSION REGULATION (EC) No 1035/2006

of 6 July 2006         

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 935/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 30 June to 6 July 2006 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 935/2006.

Article 2

This Regulation shall enter into force on 7 July 2006.

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

Done at Brussels, 6 July 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 172, 24.6.2006, p. 3.

(3)OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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            COMMISSION REGULATION (EC) No 1036/2006

of 6 July 2006         

fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 936/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 30 June to 7 July 2006, pursuant to the invitation to tender issued in Regulation (EC) No 936/2006, the maximum refund on exportation of common wheat shall be 2,00 EUR/t.

Article 2

This Regulation shall enter into force on 7 July 2006.

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

Done at Brussels, 6 July 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 172, 24.6.2006, p. 3.

(3)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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            COMMISSION REGULATION (EC) No 1037/2006

of 6 July 2006         

amending the import duties in the cereals sector applicable from 7 July 2006         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 1008/2006 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 7 July 2006.

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

Done at Brussels, 6 July 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 270, 29.9.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

(3)OJ L 179, 1.7.2006, p. 48. Regulation as amended by Regulation (EC) No 1012/2006 (OJ L 180, 4.7.2006, p. 16)

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ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 7 July 2006

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(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

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ANNEX II

Factors for calculating duties

(30.6.2006-5.7.2006)

1.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

2.   
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:
Freight/cost: Gulf of Mexico–Rotterdam: 19,55 EUR/t; Great Lakes–Rotterdam: 25,65 EUR/t.

3.   

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(*1)  A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

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II Acts whose publication is not obligatory

European Parliament

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            DECISION OF THE EUROPEAN PARLIAMENT         

of 18 January 2006         

on setting up a Committee of Inquiry into the crisis of the Equitable Life Assurance Society

(2006/469/EC)

THE EUROPEAN PARLIAMENT,

Having regard to Article 193 of the EC Treaty,

Having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of enquiry (1),

Having regard to Rule 176 of its Rules of Procedure,

Having regard to the request presented by 213 Members of the European Parliament,

Having regard to the decision of the Conference of Presidents of 14 December 2005, agreeing in principle to establish a Committee of Inquiry into the allegations raised by petitions 0611/2004 by Arthur White (British) and 0029/2005 by Paul Braithwaite (British), on behalf of the Equitable Members' Action Group and by subsequent petitions on the same subject submitted by German and Irish petitioners, all of which related to the Equitable Life Assurance Society (Equitable Life),

HAS DECIDED AS FOLLOWS:

Article 1

A Committee of Inquiry shall be set up to investigate alleged contraventions or maladministration in the application of Community law in relation to the crisis of Equitable Life, without prejudice to the jurisdiction of national or Community courts.

Article 2

The Committee of Inquiry shall:

Article 3

The Committee of Inquiry shall present an interim report to Parliament within 4 months of starting its work, with a view to presenting its final report to Parliament within 12 months of the adoption of this decision.

Article 4

The Committee of Inquiry will be composed of 22 Members of the European Parliament.

Done at Strasbourg, 18 January 2006.

For the European Parliament

The President

               J.               BORRELL FONTELLES            

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(1)OJ L 113, 19.5.1995, p. 1.

(2)OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2002/87/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).

(3)OJ L 345, 19.12.2002, p 1. Directive as last amended by Directive 2005/68/EC (OJ L 323, 9.12.2005, p. 1).

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Corrigenda

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Corrigendum to Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98

(Official Journal of the European Union L 150 of 30 April 2004, corrected by Official Journal of the European Union L 185 of 24 May 2004)

On page 7, in Article 9, paragraph 1:

for:

‘1.   From 1 January laying down the procedures for the exercise of implementing powers conferred 2008, it shall be prohibited to keep on board, or use for fishing, driftnets.’,

read:

‘1.   From 1 January 2008, it shall be prohibited to keep on board, or use for fishing, driftnets.’

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