----

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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 829/2006

of 2 June 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 3 June 2006.

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

Done at Brussels, 2 June 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).

----

ANNEX

to Commission Regulation of 2 June 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(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 830/2006

of 2 June 2006         

amending Regulation (EC) No 1342/2003 as regards imports of cereals and rice

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 the second paragraph of Article 24 thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 25(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In Article 16 of Regulation (EC) No 1342/2003, the paragraph 2 is replaced by the following:

‘2.   With regard to import licences issued, each day the Member States shall forward the quantities covered by licences by origin and product code and, in the case of common wheat, by quality grade. The origin shall also be indicated in the notifications of import licences for rice.’

Article 2

This Regulation shall enter into force on 1 July 2006.

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

Done at Brussels, 2 June 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(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 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 247/2006 (OJ L 42, 14.2.2006, p. 1).

(3)OJ L 240, 23.9.2000, p. 1. Regulation as last amended by Regulation (EC) No 1946/2005 (OJ L 312, 29.11.2005, p. 1).

(4)OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1092/2004 (OJ L 209, 11.6.2004, p. 9).

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            COMMISSION REGULATION (EC) No 831/2006

of 2 June 2006         

amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security

(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 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1) and in particular Article 4(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.

Article 3 of that Regulation shall apply as regards the confidential nature of this Annex.

Article 2

This Regulation shall enter into force on 1 January 2007.

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

Done at Brussels, 2 June 2006.

For the Commission

Jacques BARROT            

Vice-President

----

(1)OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).

(2)OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 240/2006 (OJ L 40, 11.2.2006, p. 3).

(3)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

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ANNEX

In accordance with Article 1 the annex is secret and shall not be published in the Official Journal of the European Union.

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            COMMISSION REGULATION (EC) No 832/2006

of 2 June 2006         

on the division between ‘deliveries’ and ‘direct sales’ of national reference quantities fixed for 2005/2006 in Annex I to Council Regulation (EC) No 1788/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (1), and in particular Articles 6(4) and 8 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The division between ‘deliveries’ and ‘direct sales’ of the national reference quantities applicable for the period from 1 April 2005 to 31 March 2006 fixed in Annex I to Regulation (EC) No 1788/2003 is set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 2 June 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 123. Regulation as amended by Regulation (EC) No 2217/2004 (OJ L 375, 23.12.2004, p. 1).

(2)OJ L 81, 30.3.2005, p. 38.

(3)OJ L 94, 31.3.2004, p. 22.

(4)OJ L 70, 30.3.1995, p. 2. Regulation as amended by Regulation (EC) No 1390/95 (OJ L 135, 21.6.1995, p. 4).

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ANNEX

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(1)  Except Madeira.

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            COMMISSION REGULATION (EC) No 833/2006

of 2 June 2006         

fixing the compensatory aid for bananas produced and marketed in the Community in 2005 and the unit value of the advances for 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), and in particular the first subparagraph of Article 12(6) and Article 14 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   The compensatory aid provided for in Article 12 of Regulation (EEC) No 404/93 for fresh bananas falling within CN code ex 0803, excluding plantain bananas, produced and marketed in the Community in 2005 shall be EUR 5,90 per 100 kilograms.

2.   The aid fixed in paragraph 1 shall be increased by EUR 11,27 per 100 kilograms for bananas produced in Martinique, by EUR 12,12 per 100 kilograms for bananas produced in Guadeloupe and by EUR 7,76 per 100 kilograms for bananas produced in Greece.

Article 2

The advance for bananas marketed from January to December 2006 shall amount to EUR 4,13 per 100 kilograms. The relevant security shall be EUR 2,06 per 100 kilograms.

Article 3

Notwithstanding Article 10 of Regulation (EEC) No 1858/93, the competent authorities of the Member States shall pay the balance of the compensatory aid to be granted in respect of 2005 and the advance for bananas marketed during January and February 2006 within two months of the entry into force of this Regulation, after the verifications provided for in Article 10 of Regulation (EEC) No 1858/93.

Article 4

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

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

Done at Brussels, 2 June 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 47, 25.2.1993, p. 1. Regulation last amended by the 2003 Act of Accession.

(2)OJ L 170, 13.7.1993, p. 5. Regulation last amended by Regulation (EC) No 789/2005 (OJ L 132, 26.5.2005, p. 13).

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 15 May 2006         

authorising the Kingdom of Spain to apply a measure derogating from Article 11 and Article 28e of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2006/387/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States in relation to turnover taxes — Common System of Value Added Tax; uniform basis of assessment (1), and in particular Article 27 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 11(A)(1)(a) and Article 28e of Directive 77/388/EEC, the Kingdom of Spain is hereby authorised to provide that the taxable amount of a supply of goods or services or of an intra-Community acquisition of goods shall be the same as the open-market value, as defined in Article 11(A)(1)(d) of the said Directive where the consideration is significantly lower than the open-market value and the recipient of the supply, or in the case of an intra-Community acquisition, the acquirer, does not have a right to full deduction under Article 17 of Directive 77/388/EEC.

This measure may only be used in order to prevent tax avoidance or evasion and when the consideration on which the taxable amount would otherwise be based has been influenced by family, management, ownership, financial or legal ties as defined in national legislation. For these purposes, legal ties shall include the formal relationship between employer and employee.

Article 2

The authorisation granted under Article 1 shall expire on the date of entry into force of a Directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which counter avoidance or evasion of VAT through the valuation of supplies between connected persons, or on 31 December 2009, whichever is the earlier.

Article 3

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 15 May 2006.

For the Council

The President

U. PLASSNIK            

----

(1)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/18/EC (OJ L 51, 22.2.2006, p. 12).

(2)OJ C 125, 24.5.2005, p. 12.

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----

            COUNCIL DECISION         

of 15 May 2006         

authorising the Republic of Lithuania to apply a measure derogating from Article 21 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2006/388/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 21(1)(a) of Directive 77/388/EEC, in the version set out in Article 28g thereof, Lithuania is hereby authorised to designate the taxable person, to whom the supplies of goods or services referred to in Article 2 are made, as the person liable to pay VAT.

Article 2

The recipient of the supply of goods or services may be designated as the person liable to pay VAT in the following instances:

Article 3

The authorisation granted under Article 1 shall expire on 31 December 2009. However, points (3) and (4) of Article 2 shall cease to have effect on the date of the entry into force of a Directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which includes a special scheme for the application of VAT to that sector, provided that date is before 31 December 2009.

Article 4

This Decision is addressed to the Republic of Lithuania.

Done at Brussels, 15 May 2006.

For the Council

The President

U. PLASSNIK            

----

(1)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/18/EC (OJ L 51, 22.2.2006, p. 12).

(2)OJ C 125, 24.5.2005, p. 12.

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----

            COUNCIL DECISION         

of 15 May 2006         

authorising the Republic of Lithuania to apply a measure derogating from Article 11 and Article 28e of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2006/389/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common System of Valued Added Tax; uniform basis of assessment (1), and in particular Article 27 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 11(A)(1)(a) and Article 28e of Directive 77/388/EEC, Lithuania is hereby authorised to provide that the taxable amount of a supply of goods or services or of an intra-Community acquisition of goods shall be the same as the open-market value, as defined in Article 11(A)(1)(d) of the said Directive, in either of the following circumstances:

This measure may only be used in order to prevent tax avoidance or evasion and when the consideration on which the taxable amount would otherwise be based has been influenced by family, management, ownership, financial or legal ties as defined in national legislation. For these purposes, legal ties shall include the formal relationship between employer and employee.

Article 2

The authorisation granted under Article 1 shall expire on the date of entry into force of a Directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which counter avoidance or evasion of VAT through the valuation of supplies between connected persons, or on 31 December 2009, whichever is the earlier.

Article 3

This Decision is addressed to the Republic of Lithuania.

Done at Brussels, 15 May 2006.

For the Council

The President

U. PLASSNIK            

----

(1)OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/18/EC (OJ L 51, 22.2.2006, p. 12).

(2)OJ C 125, 24.5.2005, p. 12.

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Commission

----

            COMMISSION DECISION         

of 24 May 2006         

on the national provisions notified by the Czech Republic under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers

(notified under document number C(2006) 2036)

(Only the Czech version is authentic)

(Text with EEA relevance)

(2006/390/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof,

Whereas:

I.   FACTS

1.   ARTICLE 95(4) AND (6) OF THE TREATY

2.   COMMUNITY LEGISLATION

3.   NATIONAL DEROGATIONS GRANTED TO AUSTRIA, FINLAND AND SWEDEN

4.   CZECH NATIONAL LEGISLATION

II.   PROCEDURE

III.   ASSESSMENT

1.   CONSIDERATION OF ADMISSIBILITY

2.   ASSESSMENT OF MERITS

2.1.   JUSTIFICATION ON GROUNDS OF MAJOR NEEDS REFERRED TO IN ARTICLE 30 OR RELATING TO THE PROTECTION OF THE ENVIRONMENT OR WORKING ENVIRONMENT

2.1.1.   General information on cadmium

2.1.2.   Cadmium in fertilisers

2.1.3.   The risk assessment carried out by the Czech Republic

2.1.3.1.   The accumulation module

2.1.3.2.   The exposure module

2.1.3.3.   The risk characterisation module

2.1.4.   The results of the risk assessment

2.1.5.   Evaluation of the position of the Czech Republic

2.2.   RECOURSE TO ARTICLE 95(6), THIRD SUBPARAGRAPH, OF THE TREATY

2.2.1.   Justification based on the complexity of the matter

2.2.2.   Absence of danger to human health

IV.   CONCLUSION

HAS ADOPTED THIS DECISION:

Article 1

Pursuant Article 95(6), third subparagraph, of the Treaty, the period referred to in the first subparagraph of the said Article to approve or reject the national provisions on cadmium in fertilisers notified by the Czech Republic on 1 December 2005 pursuant to Article 95(4) is extended until 6 December 2006.

Article 2

This Decision is addressed to the Czech Republic.

Done at Brussels, 24 May 2006.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 304, 21.11.2003, p. 1.

(2)OJ L 24, 30.1.1976, p. 21.

(3)OJ L 18, 23.1.1999, p. 60.

(4)  Commission Decision 2002/366/EC of 15 May 2002 on the national provisions notified by the Republic of Austria under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (OJ L 132, 17.5.2002, p. 65).

(5)  Commission Decision 2002/398/EC of 24 May 2002 on the national provisions notified by the Republic of Finland under Article 95(4) of the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (OJ L 138, 28.5.2002, p. 15).

(6)  Commission Decision 2002/399/EC of 24 May 2002 on the national provisions notified by the Kingdom of Sweden under Article 95(4) o the EC Treaty concerning the maximum admissible content of cadmium in fertilisers (OJ L 138, 28.5.2002, p. 24).

(7)OJ L 129, 17.5.2006, p. 31.

(8)OJ L 129, 17.5.2006, p. 25.

(9)OJ L 129, 17.5.2006, p. 19.

(10)  Act 156/1998 of 12 June 1998 on fertilisers, supplementary soil substances, supplementary plant preparations and substrates and on agrochemical testing of agricultural land (Sbírka zákonů České Republiky No 54, 13.7.1998, p. 6709).

(11)  Sbírka zákonů České Republiky No 137, 20.12.2000, p. 7404.

(12)  Sbírka zákonů České Republiky No 75, 20.5.2005, p. 3928.

(13)OJ C 29, 4.2.2006, p. 8.

(14)  Čupr, P., Sáňka, M., Holoubek, I.: Study to assess risks to the environment and health resulting from the use of phosphate fertilisers containing cadmium, November 2005; RECETOX Research Centre for Environmental Chemistry and Ecotoxicology, Masaryk University; TOCOEN REPORT No 285. http://europa.eu.int/comm/enterprise/chemicals/legislation/fertilizers/cadmium/sctee.pdf

(15)OJ L 84, 5.4.1993, p. 1.

(16)  ERM, study on data requirements and programme for data production and gathering to support a future evaluation of the risks to health and the environment for cadmium in fertilisers, March 1999; See also ERM, study to establish a programme of detailed procedures for the assessment of risks to health and the environment from cadmium in fertilisers, February 2000.

(17)  http://europa.eu.int/comm/enterprise/chemicals/legislation/fertilizers/cadmium/reports_en.htm

(18)  ERM, analysis and conclusions from Member States' assessment of the risk to health and the environment from Cadmium in fertilisers, October 2001.

(19)  Renamed SCHER (Scientific Committee on Health and Environmental Risks).

(20)  CSTEE's opinion on Member State assessments of the risk to health and the environment from cadmium in fertilisers. Opinion expressed at the 33rd CSTEE Plenary meeting, Brussels, 24 September 2002. http://europa.eu.int/comm/enterprise/chemicals/legislation/fertilizers/cadmium/sctee.pdf

(21)  Pore water means that part of the water contained in the soil which is maintained by capillarity between the solid particles of the soil.

(22)  PNEC: Predictable No-Effect Concentration.

(23)  The risk-assessment methodology, outlined in Commission Regulation (EC) No 1488/94 and further detailed in the Technical Guidance Document on risk assessment for new and existing substances, consists in calculating the ratios between the Predicted Environmental Concentration (PEC) of a given substance and the Predicted No-Effect Concentration (PNEC) of that substance in any specific environmental compartment. Risk is quantified by the PEC/PNEC ratio, a quantity referred to in the Czech report as the hazard index. A PEC/PNEC ratio below 1 indicates no risk to the environment, whereas a ratio of 1 or greater indicates a situation of real or potential risk; the larger the value, the greater the magnitude of the effect. Proportionate risk management measures are indicated in cases where the PEC/PNEC ratio is greater than 1.

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----

            COMMISSION DECISION         

of 30 May 2006         

amending Decision 2006/346/EC concerning certain protection measures relating to classical swine fever in Germany

(notified under document number C(2006) 2058)

(Text with EEA relevance)

(2006/391/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (2) and in particular Article 11(1)(f) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular the first subparagraph of Article 4(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/346/EC is amended as follows:

Article 2

The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 May 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

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

(2)OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(3)OJ L 18, 23.1.2003, p. 11.

(4)OJ L 128, 16.5.2006, p. 10.

(5)OJ L 155, 30.4.2004, p. 206; corrected version (OJ L 226, 25.6.2004, p. 83). Regulation as last amended by Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

----

ANNEX I

                     ‘ANNEX II

In accordance with Article 5(1)(e), Germany shall ensure that in the areas listed in Annex I the following surveillance measures are implemented:

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ANNEX II

                     ‘ANNEX III
Text of image

Part II: Certification

EUROPEAN COMMUNITY Fresh meat restricted area

II. Health information

II.a. Certificate reference number

II.b. Local reference number

I, the undersigned official veterinarian, certify that the meat described above

Animal health attestation:

was obtained in a slaughterhouse (name), from pigs situated in a restricted region or area of (name of Member State) due to (name of the disease) according to the Decision (number) and conforms to the requirement of Article(s) of this Decision.

Official veterinarian or official inspector

Name (in Capital): Qualification and title:

Local Veterinary Unit: No of the related LVU:

Date:

Stamp

Signature’                     

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