# Official Journal L 7/12 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 7 |
| | |
| English edition | Legislation | Volume 4912 January 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 7

English edition

Legislation

Volume 4912 January 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 33/2006 of 9 January 2006 extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic | 1 |
| | | Commission Regulation (EC) No 34/2006 of 11 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables | 6 |
| | * | Commission Regulation (EC) No 35/2006 of 11 January 2006 amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries | 8 |
| | * | Commission Regulation (EC) No 36/2006 of 10 January 2006 establishing unit values for the determination of the customs value of certain perishable goods | 15 |
| | | Commission Regulation (EC) No 37/2006 of 11 January 2006 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements | 21 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 33/2006 of 9 January 2006 extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic

1

Commission Regulation (EC) No 34/2006 of 11 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

6

*

Commission Regulation (EC) No 35/2006 of 11 January 2006 amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

8

*

Commission Regulation (EC) No 36/2006 of 10 January 2006 establishing unit values for the determination of the customs value of certain perishable goods

15

Commission Regulation (EC) No 37/2006 of 11 January 2006 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

21

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 6 January 2006 amending Annex I to Council Decision 79/542/EEC as regards transitional measures for transit of live animals from Bulgaria and Romania via the former Yugoslav Republic of Macedonia, Serbia and Montenegro
  (notified under document number C(2005) 5885)

   (
  1
  ) | 23 |
| | * | Commission Decision of 10 January 2006 concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC
  (notified under document number C(2005) 5964) | 27 |
| | * | Commission Decision of 11 January 2006 amending Decision 2005/758/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC
  (notified under document C(2005) 6025)

   (
  1
  ) | 29 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 6 January 2006 amending Annex I to Council Decision 79/542/EEC as regards transitional measures for transit of live animals from Bulgaria and Romania via the former Yugoslav Republic of Macedonia, Serbia and Montenegro
  (notified under document number C(2005) 5885)

   (
  1
  )

(notified under document number C(2005) 5885)

1

23

*

Commission Decision of 10 January 2006 concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC
  (notified under document number C(2005) 5964)

(notified under document number C(2005) 5964)

27

*

Commission Decision of 11 January 2006 amending Decision 2005/758/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC
  (notified under document C(2005) 6025)

   (
  1
  )

(notified under document C(2005) 6025)

1

29

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 2024/2005 of 12 December 2005 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia ( OJ L 326, 13.12.2005 ) | 32 |
| | * | Corrigendum to Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of Avena fatua in fodder plant and cereal seed ( OJ L 141, 24.5.1974 ) | 32 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 2024/2005 of 12 December 2005 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia ( OJ L 326, 13.12.2005 )

32

*

Corrigendum to Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of Avena fatua in fodder plant and cereal seed ( OJ L 141, 24.5.1974 )

32

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

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 12.1.2006 | EN | Official Journal of the European Union | L 7/1 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/1

---

COUNCIL REGULATION (EC) No 33/2006

of 9 January 2006

extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 9 and 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Existing measures

| (1) | By Regulation (EC) No 119/97 (2) (the original Regulation), the Council imposed definitive anti-dumping duties on imports of certain ring-binder mechanisms (RBMs or the product concerned) originating in the People’s Republic of China (China), equal to the difference between the minimum import price of EUR 325 per 1 000 pieces for mechanisms with 17 and 23 rings and the net, free-at-Community-frontier price, before duty, ranging from 32,5 % to 39,4 % for mechanisms other than with 17 and 23 rings. |
| --- | --- |

(1)

By Regulation (EC) No 119/97 (2) (the original Regulation), the Council imposed definitive anti-dumping duties on imports of certain ring-binder mechanisms (RBMs or the product concerned) originating in the People’s Republic of China (China), equal to the difference between the minimum import price of EUR 325 per 1 000 pieces for mechanisms with 17 and 23 rings and the net, free-at-Community-frontier price, before duty, ranging from 32,5 % to 39,4 % for mechanisms other than with 17 and 23 rings.

2

| (2) | Following an investigation pursuant to Article 12 of Regulation (EC) No 384/96, the Council amended and increased the above duties for mechanisms other than with 17 or 23 rings through Regulation (EC) No 2100/2000 (3) (the anti-absorption investigation). The amended definitive anti-dumping duties ranged from 51,2 % to 78,8 %. |
| --- | --- |

(2)

Following an investigation pursuant to Article 12 of Regulation (EC) No 384/96, the Council amended and increased the above duties for mechanisms other than with 17 or 23 rings through Regulation (EC) No 2100/2000 (3) (the anti-absorption investigation). The amended definitive anti-dumping duties ranged from 51,2 % to 78,8 %.

3

| (3) | By Council Regulation (EC) No 1208/2004 (4), the Council extended the measures imposed by the original Regulation to imports of RBMs consigned from the socialist Republic of Vietnam (Vietnam). |
| --- | --- |

(3)

By Council Regulation (EC) No 1208/2004 (4), the Council extended the measures imposed by the original Regulation to imports of RBMs consigned from the socialist Republic of Vietnam (Vietnam).

4

| (4) | Following an expiry review, the duties were re-imposed by Council Regulation (EC) No 2074/2004 (5). |
| --- | --- |

(4)

Following an expiry review, the duties were re-imposed by Council Regulation (EC) No 2074/2004 (5).

5

2.   Request

| (5) | On 28 February 2005, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of certain RBMs originating in China. The request was submitted by Ring Alliance Ringbuchtechnik GmbH on behalf of producers representing a major proportion of the Community production of certain RBMs (the applicants). The request alleged that the anti-dumping measures in force on imports of certain RBMs originating in China were being circumvented by means of transhipment via Lao People’s Democratic Republic (Laos). |
| --- | --- |

(5)

On 28 February 2005, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of certain RBMs originating in China. The request was submitted by Ring Alliance Ringbuchtechnik GmbH on behalf of producers representing a major proportion of the Community production of certain RBMs (the applicants). The request alleged that the anti-dumping measures in force on imports of certain RBMs originating in China were being circumvented by means of transhipment via Lao People’s Democratic Republic (Laos).

| (6) | The request further alleged that there was insufficient due cause or justification other than the imposition of anti-dumping measures for such change in the pattern of trade and that the remedial effects of the existing anti-dumping measures were being undermined both in terms of quantity and price. Significant volumes of imports of certain RBMs from Laos appeared to have replaced imports of certain RBMs from China and Vietnam. In addition, there was sufficient evidence that this increase in imports was made at prices below the non-injurious price established in the investigation that led to the existing measures. |
| --- | --- |

(6)

The request further alleged that there was insufficient due cause or justification other than the imposition of anti-dumping measures for such change in the pattern of trade and that the remedial effects of the existing anti-dumping measures were being undermined both in terms of quantity and price. Significant volumes of imports of certain RBMs from Laos appeared to have replaced imports of certain RBMs from China and Vietnam. In addition, there was sufficient evidence that this increase in imports was made at prices below the non-injurious price established in the investigation that led to the existing measures.

| (7) | Finally, the applicants alleged that the prices of certain RBMs consigned from Laos were dumped in relation to the normal value previously established for the product concerned. |
| --- | --- |

(7)

Finally, the applicants alleged that the prices of certain RBMs consigned from Laos were dumped in relation to the normal value previously established for the product concerned.

3.   Initiation

| (8) | Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation according to Regulation (EC) No 559/2005 (6) (the initiating Regulation). Pursuant to Articles 13(3), 14(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of certain RBMs consigned from Laos, whether declared as originating in Laos or not, as from 14 April 2005. |
| --- | --- |

(8)

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation according to Regulation (EC) No 559/2005 (6) (the initiating Regulation). Pursuant to Articles 13(3), 14(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of certain RBMs consigned from Laos, whether declared as originating in Laos or not, as from 14 April 2005.

6

4.   Investigation

| (9) | The Commission officially advised the authorities of China and Laos, the producers/exporters and the importers in the Community known to be concerned as well as the applicant Community industry of the initiation of the investigation. Questionnaires were sent to the producers/exporters in China and Laos as well as to the importers in the Community named in the request or known to the Commission from the original investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being made on the basis of the facts available. |
| --- | --- |

(9)

The Commission officially advised the authorities of China and Laos, the producers/exporters and the importers in the Community known to be concerned as well as the applicant Community industry of the initiation of the investigation. Questionnaires were sent to the producers/exporters in China and Laos as well as to the importers in the Community named in the request or known to the Commission from the original investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being made on the basis of the facts available.

| (10) | No replies to the questionnaires were received from exporters/producers in China or in Laos, nor did the Commission receive any comments from the Chinese or the Laotian authorities. |
| --- | --- |

(10)

No replies to the questionnaires were received from exporters/producers in China or in Laos, nor did the Commission receive any comments from the Chinese or the Laotian authorities.

| (11) | One Community importer replied by declaring that it had not imported any type of RBMs from Laos during the investigation period but did not submit any other information. |
| --- | --- |

(11)

One Community importer replied by declaring that it had not imported any type of RBMs from Laos during the investigation period but did not submit any other information.

5.   Investigation period

| (12) | The investigation period covered the period from 1 January 2004 to 31 December 2004 (the IP). Data were collected from 2001 up to the end of the IP to investigate the alleged change in the pattern of trade. |
| --- | --- |

(12)

The investigation period covered the period from 1 January 2004 to 31 December 2004 (the IP). Data were collected from 2001 up to the end of the IP to investigate the alleged change in the pattern of trade.

B.   RESULTS OF THE INVESTIGATION

1.   General considerations/degree of cooperation

| (13) | As mentioned above in recitals 10 and 11, no producers/exporters of RBMs in China or in Laos cooperated in the investigation nor did any Community importers submit information relevant for the investigation. Accordingly, findings in respect of RBMs consigned from Laos to the Community had to be made on the basis of the facts available in accordance with Article 18 of the basic Regulation. |
| --- | --- |

(13)

As mentioned above in recitals 10 and 11, no producers/exporters of RBMs in China or in Laos cooperated in the investigation nor did any Community importers submit information relevant for the investigation. Accordingly, findings in respect of RBMs consigned from Laos to the Community had to be made on the basis of the facts available in accordance with Article 18 of the basic Regulation.

2.   Product concerned and like product

| (14) | The product concerned is, as defined in the original investigation, certain ring-binder mechanisms currently classifiable within CN code ex 8305 10 00. These RBMs consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half-rings or by using a small steel-made trigger mechanism fixed to the product concerned. Generally, RBMs are composed of elements such as ring, blade, cover, eyelet and, where applicable, trigger. |
| --- | --- |

(14)

The product concerned is, as defined in the original investigation, certain ring-binder mechanisms currently classifiable within CN code ex 8305 10 00. These RBMs consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half-rings or by using a small steel-made trigger mechanism fixed to the product concerned. Generally, RBMs are composed of elements such as ring, blade, cover, eyelet and, where applicable, trigger.

| (15) | From the information available, it was concluded that RBMs exported to the Community from China and those consigned from Laos to the Community have the same basic physical characteristics and the same uses. Therefore, they are considered as like products within the meaning of Article 1(4) of the basic Regulation and Eurostat. No submissions to the contrary were made during the investigation. |
| --- | --- |

(15)

From the information available, it was concluded that RBMs exported to the Community from China and those consigned from Laos to the Community have the same basic physical characteristics and the same uses. Therefore, they are considered as like products within the meaning of Article 1(4) of the basic Regulation and Eurostat. No submissions to the contrary were made during the investigation.

3.   Change in the pattern of trade between third countries and the Community

| (16) | Due to the non-cooperation of any Laotian company, the volume and value of Laotian exports of the product concerned to the Community were determined on the basis of the information available, which in this case was statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation and Eurostat. |
| --- | --- |

(16)

Due to the non-cooperation of any Laotian company, the volume and value of Laotian exports of the product concerned to the Community were determined on the basis of the information available, which in this case was statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation and Eurostat.

| (17) | Following the imposition of definitive measures on imports of the product concerned from China into the Community, imports from China decreased significantly, i.e. from 1 684 tonnes in 1999 to 302 tonnes in 2001 and 2002 and started to increase slightly to 330 tonnes in 2003 and 354 tonnes in 2004. It should be noted, however, that in the second half of 2004 imports from China started to show again a decreasing trend, as shown in the table below. At the same time, imports into the Community of RBMs from Laos have increased from a situation of zero imports between 2001 and 2003 up to 492 tonnes in 2004 (= IP). Statistics show that imports from Laos continue to increase in 2005. |
| --- | --- |

(17)

Following the imposition of definitive measures on imports of the product concerned from China into the Community, imports from China decreased significantly, i.e. from 1 684 tonnes in 1999 to 302 tonnes in 2001 and 2002 and started to increase slightly to 330 tonnes in 2003 and 354 tonnes in 2004. It should be noted, however, that in the second half of 2004 imports from China started to show again a decreasing trend, as shown in the table below. At the same time, imports into the Community of RBMs from Laos have increased from a situation of zero imports between 2001 and 2003 up to 492 tonnes in 2004 (= IP). Statistics show that imports from Laos continue to increase in 2005.

| (18) | It is also noted that the pattern found, consisting of a coinciding decrease of imports from China and parallel significant increase of imports from Laos in 2004, shows a direct link with the pattern found in the anti-circumvention investigation leading to the extension of the measures imposed by the original investigation to imports of RBMs from Vietnam. Indeed, from 1999 on, imports of RBMs from Vietnam increased significantly, i.e. from zero tonnes between 1999 and 2001 to 1 105 tonnes in 2002 and to 1 778 tonnes in 2003. Following the extension of the measures imposed by the original investigation to imports of RBMs from Vietnam, imports from Vietnam into the Community decreased substantially to 353 tonnes in 2004 (= IP). Statistics show no imports in 2005. In fact, when analysed on a per-six-months basis, imports from Vietnam almost stopped in the first semester 2004, when measures in place in respect of imports of RBMs from China were extended to imports consigned from Vietnam (publication on 1 July 2004, see recital 3). As from the same time, imports from Laos started from nil in the preceding periods to 100 tonnes in the first semester 2004 and to 392 tonnes in the second semester 2004; it is clear therefore that imports from Laos replaced, at least partially imports from Vietnam and China. The reported imports from Laos thus confirm a pattern of trade that commenced from 1999, since before the extension of the measures to Vietnam, there were no imports from Laos into the Community.










  Country | 2001 | 2002 | 2003 | 2004 (IP)
  1st semester | 2004 (IP)
  2nd semester |
| --- | --- | --- | --- | --- | --- | --- |
| China (7) | 302 | 302 | 330 | 212 | 142 |
| Vietnam (8) | 0 | 1 105 | 1 778 | 353 | 0 |
| Laos (9) | 0 | 0 | 0 | 100 | 392 |
| Source: Statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation and Eurostat. |

(18)

It is also noted that the pattern found, consisting of a coinciding decrease of imports from China and parallel significant increase of imports from Laos in 2004, shows a direct link with the pattern found in the anti-circumvention investigation leading to the extension of the measures imposed by the original investigation to imports of RBMs from Vietnam. Indeed, from 1999 on, imports of RBMs from Vietnam increased significantly, i.e. from zero tonnes between 1999 and 2001 to 1 105 tonnes in 2002 and to 1 778 tonnes in 2003. Following the extension of the measures imposed by the original investigation to imports of RBMs from Vietnam, imports from Vietnam into the Community decreased substantially to 353 tonnes in 2004 (= IP). Statistics show no imports in 2005. In fact, when analysed on a per-six-months basis, imports from Vietnam almost stopped in the first semester 2004, when measures in place in respect of imports of RBMs from China were extended to imports consigned from Vietnam (publication on 1 July 2004, see recital 3). As from the same time, imports from Laos started from nil in the preceding periods to 100 tonnes in the first semester 2004 and to 392 tonnes in the second semester 2004; it is clear therefore that imports from Laos replaced, at least partially imports from Vietnam and China. The reported imports from Laos thus confirm a pattern of trade that commenced from 1999, since before the extension of the measures to Vietnam, there were no imports from Laos into the Community.

Country

2001

2002

2003

2004 (IP)

1st semester

2004 (IP)

2nd semester

China (7)

7

302

302

330

212

142

Vietnam (8)

8

0

1 105

1 778

353

0

Laos (9)

9

0

0

0

100

392

Source: Statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation and Eurostat.

Source:

4.   Insufficient due cause or economic justification

| (19) | The imports into the Community from Laos started in 2004 after the initiation of the investigation on imports of RBMs from Vietnam in August 2003 coinciding with the change of pattern of trade between China, Vietnam and Laos on the one hand, and the Community on the other hand, as shown in recital 18. |
| --- | --- |

(19)

The imports into the Community from Laos started in 2004 after the initiation of the investigation on imports of RBMs from Vietnam in August 2003 coinciding with the change of pattern of trade between China, Vietnam and Laos on the one hand, and the Community on the other hand, as shown in recital 18.

| (20) | There is a coincidence in time between the significant decrease of imports of RBMs from Vietnam, which occurred at the time of the extension of the measures following the anti-circumvention investigation, and the parallel increase of imports of RBMs from Laos. It is recalled that the authorithies in Laos as well as potential producers/exporters in this country were informed of the ongoing investigation. However, no evidence was received that there was a genuine production of this product in Laos nor in fact, did any Laotian company cooperate with the investigation. On the basis of the available information, it is therefore concluded that, in the absence of any other sufficient due cause or economic justification within the meaning of the second sentence of Article 13(1) of the basic Regulation, the change in the pattern of trade stemmed from the extension of the anti-dumping duty to goods consigned from Vietnam. |
| --- | --- |

(20)

There is a coincidence in time between the significant decrease of imports of RBMs from Vietnam, which occurred at the time of the extension of the measures following the anti-circumvention investigation, and the parallel increase of imports of RBMs from Laos. It is recalled that the authorithies in Laos as well as potential producers/exporters in this country were informed of the ongoing investigation. However, no evidence was received that there was a genuine production of this product in Laos nor in fact, did any Laotian company cooperate with the investigation. On the basis of the available information, it is therefore concluded that, in the absence of any other sufficient due cause or economic justification within the meaning of the second sentence of Article 13(1) of the basic Regulation, the change in the pattern of trade stemmed from the extension of the anti-dumping duty to goods consigned from Vietnam.

5.   Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like product

| (21) | It is evident from the data mentioned in recital 18 that a clear quantitative change in the pattern of Community imports of the product concerned occurred since the extension of measures on RBMs from China to Vietnam in 2004. Following this extension, Vietnamese imports into the Community decreased significantly in 2004 and have stopped in 2005, while there was a parallel surge of exports of the product concerned to the Community from Laos. According to the Eurostat data, in 2004 the total amount of the Laotian exports to the Community was 492 tonnes, while the first quarter of 2005 shows the same trend. It is therefore clear that the marked change in trade flows undermined the remedial effects of the measures in terms of the quantities imported into the Community market. |
| --- | --- |

(21)

It is evident from the data mentioned in recital 18 that a clear quantitative change in the pattern of Community imports of the product concerned occurred since the extension of measures on RBMs from China to Vietnam in 2004. Following this extension, Vietnamese imports into the Community decreased significantly in 2004 and have stopped in 2005, while there was a parallel surge of exports of the product concerned to the Community from Laos. According to the Eurostat data, in 2004 the total amount of the Laotian exports to the Community was 492 tonnes, while the first quarter of 2005 shows the same trend. It is therefore clear that the marked change in trade flows undermined the remedial effects of the measures in terms of the quantities imported into the Community market.

| (22) | With regard to prices of the products concerned consigned from Laos, in the absence of cooperation, it was necessary to refer to Eurostat data, which was the best evidence available. It was found that the average export price of the Laotian exports to the Community were below the injury elimination level of Community prices as established in the original investigation. Hence, the remedial effects of the duty imposed in terms of prices are undermined. |
| --- | --- |

(22)

With regard to prices of the products concerned consigned from Laos, in the absence of cooperation, it was necessary to refer to Eurostat data, which was the best evidence available. It was found that the average export price of the Laotian exports to the Community were below the injury elimination level of Community prices as established in the original investigation. Hence, the remedial effects of the duty imposed in terms of prices are undermined.

| (23) | It is therefore concluded that the imports of the product concerned from Laos undermine the remedial effects of the duty both in terms of quantities and prices. |
| --- | --- |

(23)

It is therefore concluded that the imports of the product concerned from Laos undermine the remedial effects of the duty both in terms of quantities and prices.

6.   Evidence of dumping in relation to the normal values previously established for like or similar products

| (24) | As explained in recital 13, given the absence of cooperation, in order to determine whether evidence of dumping could be found with respect to the exports of the product concerned to the Community from Laos during the IP, Eurostat data at CN level were used pursuant to Article 18 of the basic Regulation as the basis for establishing export prices to the EU. |
| --- | --- |

(24)

As explained in recital 13, given the absence of cooperation, in order to determine whether evidence of dumping could be found with respect to the exports of the product concerned to the Community from Laos during the IP, Eurostat data at CN level were used pursuant to Article 18 of the basic Regulation as the basis for establishing export prices to the EU.

| (25) | In accordance with Article 13(1) of the basic Regulation, these export prices were compared with the normal value previously established, in this case the normal value established in the most recent expiry review. In the expiry review (see recital 4), India was considered to be the appropriate market economy analogue country for China and normal value was established on the basis of prices as well as constructed normal value in that analogue country. |
| --- | --- |

(25)

In accordance with Article 13(1) of the basic Regulation, these export prices were compared with the normal value previously established, in this case the normal value established in the most recent expiry review. In the expiry review (see recital 4), India was considered to be the appropriate market economy analogue country for China and normal value was established on the basis of prices as well as constructed normal value in that analogue country.

| (26) | In the absence of cooperation and pursuant to Article 18 of the basic Regulation, for the purpose of comparing the export price and normal value, it was considered appropriate to assume that the product mix of the goods observed during this investigation was the same as in the expiry review on imports of RBMs originating in China. |
| --- | --- |

(26)

In the absence of cooperation and pursuant to Article 18 of the basic Regulation, for the purpose of comparing the export price and normal value, it was considered appropriate to assume that the product mix of the goods observed during this investigation was the same as in the expiry review on imports of RBMs originating in China.

| (27) | In accordance with Article 2(11) and 2(12) of the basic Regulation, a comparison of the weighted average normal value as established during the expiry review investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of CIF price at the Community frontier duty unpaid, revealed significant dumping. |
| --- | --- |

(27)

In accordance with Article 2(11) and 2(12) of the basic Regulation, a comparison of the weighted average normal value as established during the expiry review investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of CIF price at the Community frontier duty unpaid, revealed significant dumping.

C.   MEASURES

| (28) | In view of the findings above it is found that circumvention has taken place within the meaning of Article 13(1), second sentence, of the basic Regulation. In accordance with Article 13(1) first sentence of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in China, as amended by the anti-absorption investigation, should be extended to imports of the same product consigned from Laos, whether declared as originating in Laos or not. |
| --- | --- |

(28)

In view of the findings above it is found that circumvention has taken place within the meaning of Article 13(1), second sentence, of the basic Regulation. In accordance with Article 13(1) first sentence of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in China, as amended by the anti-absorption investigation, should be extended to imports of the same product consigned from Laos, whether declared as originating in Laos or not.

| (29) | In accordance with Article 14(5) of the basic Regulation, which provides that measures shall be applied on registered imports from the date of registration, the anti-dumping duty should be collected on imports of RBMs consigned from Laos which entered the Community under registration imposed by the initiating Regulation. |
| --- | --- |

(29)

In accordance with Article 14(5) of the basic Regulation, which provides that measures shall be applied on registered imports from the date of registration, the anti-dumping duty should be collected on imports of RBMs consigned from Laos which entered the Community under registration imposed by the initiating Regulation.

| (30) | The measures to be extended should be the ones established in Article 1(2) of the original Regulation as last amended by the expiry review, and are as follows:






  (a) | for mechanisms with 17 and 23 rings the amount of duty shall be equal to the difference between the minimum import price of EUR 325 per 1 000 pieces and the net, free-at-Community-frontier price before duty; |
| --- | --- | --- |

(30)

The measures to be extended should be the ones established in Article 1(2) of the original Regulation as last amended by the expiry review, and are as follows:

(a)

for mechanisms with 17 and 23 rings the amount of duty shall be equal to the difference between the minimum import price of EUR 325 per 1 000 pieces and the net, free-at-Community-frontier price before duty;

| (b) | for mechanisms other than those with 17 or 23 rings, the residual duty of 78,8 %. |
| --- | --- |

(b)

for mechanisms other than those with 17 or 23 rings, the residual duty of 78,8 %.

| (31) | In accordance with Article 14(5) of the basic Regulation, which provides that any extended measure should apply to imports which entered the Community under registration imposed by the initiating Regulation, duties should be collected on those registered imports of certain RBMs consigned from Laos. |
| --- | --- |

(31)

In accordance with Article 14(5) of the basic Regulation, which provides that any extended measure should apply to imports which entered the Community under registration imposed by the initiating Regulation, duties should be collected on those registered imports of certain RBMs consigned from Laos.

D.   REQUESTS FOR EXEMPTION

| (32) | Although during this investigation no genuine exporter of RBMs to the Community was found to exist in Laos or made itself known to the Commission, other exporters concerned which would consider lodging a request for an exemption from the extended anti-dumping duty pursuant to Article 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company’s activities linked to production and sales. |
| --- | --- |

(32)

Although during this investigation no genuine exporter of RBMs to the Community was found to exist in Laos or made itself known to the Commission, other exporters concerned which would consider lodging a request for an exemption from the extended anti-dumping duty pursuant to Article 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company’s activities linked to production and sales.

E.   PROCEDURE

| (33) | Interested parties were informed of the essential facts and considerations on the basis of which the Council intended to extend the definitive anti-dumping duty in force and were given the opportunity to comment and to be heard. No comments which were of a nature to change the above conclusions were received, |
| --- | --- |

(33)

Interested parties were informed of the essential facts and considerations on the basis of which the Council intended to extend the definitive anti-dumping duty in force and were given the opportunity to comment and to be heard. No comments which were of a nature to change the above conclusions were received,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms falling within CN code ex 8305 10 00 originating in the People’s Republic of China:

| (a) | for mechanisms with 17 and 23 rings (TARIC codes 8305100021, and 8305100029) equal to the difference between the minimum import price of EUR 325 per 1 000 pieces and the net free-at-Community-frontier price before duty; |
| --- | --- |

(a)

for mechanisms with 17 and 23 rings (TARIC codes 8305100021, and 8305100029) equal to the difference between the minimum import price of EUR 325 per 1 000 pieces and the net free-at-Community-frontier price before duty;

| (b) | for mechanisms other than those with 17 or 23 rings (TARIC codes 8305100011, and 8305100019) of 78,8 %; |
| --- | --- |

(b)

for mechanisms other than those with 17 or 23 rings (TARIC codes 8305100011, and 8305100019) of 78,8 %;

is hereby extended to imports of certain ring-binder mechanisms consigned from the Lao People’s Democratic Republic whether declared as originating in the Lao People’s Democratic Republic or not (TARIC codes 8305100013 and 8305100023).

For the purpose of this Regulation, ring-binder mechanisms shall consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half-rings or with a small steel-made trigger mechanism fixed to the ring-binder mechanism.

2.   The duties extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

3.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate B |
| Office: J-79 05/17 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |
| Telex COMEU B 21877 |

European Commission

Directorate-General for Trade

Directorate B

Office: J-79 05/17

B-1049 Brussels

Fax (32-2) 295 65 05

Telex COMEU B 21877

2.   In accordance with Article 13(4) of Regulation (EC) No 384/96, the Commission, after consulting the Advisory Committee, may authorise by decision, the exemption of imports which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 2074/2004 from the duty extended by Article 1.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EC) No 559/2005.

Article 4

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, 9 January 2006.

For the Council

The President

U. PLASSNIK

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 22, 24.1.1997, p. 1.

2

(3)  
  OJ L 250, 5.10.2000, p. 1.

3

(4)  
  OJ L 232, 1.7.2004, p. 1.

4

(5)  
  OJ L 359, 4.12.2004, p. 11.

5

(6)  
  OJ L 94, 13.4.2005, p. 26.

6

(7)  Starting from 1 684 tonnes in 1999.

7

(8)  Starting from nil in 1999.

8

(9)  Starting from nil in 1999.

9

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/6 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/6

---

COMMISSION REGULATION (EC) No 34/2006

of 11 January 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 12 January 2006.

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

Done at Brussels, 11 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 11 January 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 85,0 |
| 204 | 40,5 |
| 212 | 88,1 |
| 999 | 71,2 |
| 0707 00 05 | 052 | 150,1 |
| 204 | 79,9 |
| 999 | 115,0 |
| 0709 90 70 | 052 | 113,0 |
| 204 | 72,4 |
| 999 | 92,7 |
| 0805 10 20 | 052 | 48,5 |
| 204 | 57,8 |
| 220 | 49,9 |
| 624 | 51,9 |
| 999 | 52,0 |
| 0805 20 10 | 052 | 74,2 |
| 204 | 81,7 |
| 999 | 78,0 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 71,2 |
| 204 | 62,8 |
| 400 | 86,4 |
| 464 | 143,2 |
| 624 | 70,6 |
| 662 | 35,9 |
| 999 | 78,4 |
| 0805 50 10 | 052 | 50,7 |
| 999 | 50,7 |
| 0808 10 80 | 400 | 111,9 |
| 404 | 102,5 |
| 720 | 88,2 |
| 999 | 100,9 |
| 0808 20 50 | 400 | 87,5 |
| 720 | 63,2 |
| 999 | 75,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

85,0

204

40,5

212

88,1

999

71,2

0707 00 05

052

150,1

204

79,9

999

115,0

0709 90 70

052

113,0

204

72,4

999

92,7

0805 10 20

052

48,5

204

57,8

220

49,9

624

51,9

999

52,0

0805 20 10

052

74,2

204

81,7

999

78,0

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

052

71,2

204

62,8

400

86,4

464

143,2

624

70,6

662

35,9

999

78,4

0805 50 10

052

50,7

999

50,7

0808 10 80

400

111,9

404

102,5

720

88,2

999

100,9

0808 20 50

400

87,5

720

63,2

999

75,4

---

(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’.

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/8 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/8

---

COMMISSION REGULATION (EC) No 35/2006

of 11 January 2006

amending Annexes I, V and VII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), and in particular Article 19 thereof,

Whereas:

| (1) | For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description. |
| --- | --- |

(1)

For the implementation of the Memorandum of Understanding between the European Commission and its Chinese counterpart it is necessary to reintroduce the original provisions under Annex I regarding the product description.

| (2) | The Council has approved by Decision 2005/948/EC (2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products. |
| --- | --- |

(2)

The Council has approved by Decision 2005/948/EC (2) the signing and the provisional application of a bilateral agreement between the European Community and the Republic of Belarus on trade in textile products.

| (3) | Regulation (EEC) No 3030/93 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EEC) No 3030/93 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3030/93 is amended as follows:

| 1. | in Annex I, paragraph 2 is replaced by the following:






  ‘2. | When the constitutive material of the products of categories 1 to 114 originating in Vietnam and China is not specifically mentioned, these products shall be taken to be made exclusively of wool of or fine animal hair, of cotton or of man-made fibres.’; |
| --- | --- | --- |

1.

in Annex I, paragraph 2 is replaced by the following:

‘2.

| 2. | Annex V is replaced by the text in Annex I to this Regulation; |
| --- | --- |

2.

Annex V is replaced by the text in Annex I to this Regulation;

| 3. | in Annex VII, the table is replaced by the table in Annex II to this Regulation. |
| --- | --- |

3.

in Annex VII, the table is replaced by the table in Annex II to this Regulation.

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 with effect from 1 January 2006.

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

Done at Brussels, 11 January 2006.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  
  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1478/2005 (OJ L 236, 13.9.2005, p. 3).

1

(2)  
  OJ L 345, 28.12.2005, p. 21.

2

---

ANNEX I

Annex V to Regulation (EEC) No 3030/93 is replaced by the following:

‘ANNEX V

COMMUNITY QUANTITATIVE LIMITS

(a)   applicable for the year 2006

| (The complete description of the goods is shown in Annex I) | Community quantitative limits |
| --- | --- |
| Third country | Category | Unit | 2006 |
| Belarus | GROUP IA | | |
| 1 | tonnes | 1 585 |
| 2 | tonnes | 6 000 |
| 3 | tonnes | 242 |
| GROUP IB | | |
| 4 | 1 000 pieces | 1 672 |
| 5 | 1 000 pieces | 1 105 |
| 6 | 1 000 pieces | 1 550 |
| 7 | 1 000 pieces | 1 252 |
| 8 | 1 000 pieces | 1 160 |
| GROUP IIA | | |
| 9 | tonnes | 363 |
| 20 | tonnes | 329 |
| 22 | tonnes | 524 |
| 23 | tonnes | 255 |
| 39 | tonnes | 241 |
| GROUP IIB | | |
| 12 | 1 000 pairs | 5 959 |
| 13 | 1 000 pieces | 2 651 |
| 15 | 1 000 pieces | 1 569 |
| 16 | 1 000 pieces | 186 |
| 21 | 1 000 pieces | 930 |
| 24 | 1 000 pieces | 844 |
| 26/27 | 1 000 pieces | 1 117 |
| 29 | 1 000 pieces | 468 |
| 73 | 1 000 pieces | 329 |
| 83 | tonnes | 184 |
| GROUP IIIA | | |
| 33 | tonnes | 387 |
| 36 | tonnes | 1 309 |
| 37 | tonnes | 463 |
| 50 | tonnes | 207 |
| GROUP IIIB | | |
| 67 | tonnes | 356 |
| 74 | 1 000 pieces | 377 |
| 90 | tonnes | 208 |
| GROUP IV | | |
| 115 | tonnes | 95 |
| 117 | tonnes | 2 100 |
| 118 | tonnes | 471 |
| Serbia (1) | GROUP IA | | |
| 1 | tonnes | |
| 2 | tonnes | |
| 2a | tonnes | |
| 3 | tonnes | |
| GROUP IB | | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIA | | |
| 9 | tonnes | |
| GROUP IIB | | |
| 15 | 1 000 pieces | |
| 16 | 1 000 pieces | |
| GROUP IIIB | | |
| 67 | tonnes | |
| Vietnam (2) | GROUP IB | | |
| 4 | 1 000 pieces | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIA | | |
| 9 | tonnes | |
| 20 | tonnes | |
| 39 | tonnes | |
| GROUP IIB | | |
| 12 | 1 000 pairs | |
| 13 | 1 000 pieces | |
| 14 | 1 000 pieces | |
| 15 | 1 000 pieces | |
| 18 | tonnes | |
| 21 | 1 000 pieces | |
| 26 | 1 000 pieces | |
| 28 | 1 000 pieces | |
| 29 | 1 000 pieces | |
| 31 | 1 000 pieces | |
| 68 | tonnes | |
| 73 | 1 000 pieces | |
| 76 | tonnes | |
| 78 | tonnes | |
| 83 | tonnes | |
| GROUP IIIA | | |
| 35 | tonnes | |
| 41 | tonnes | |
| GROUP IIIB | | |
| 10 | 1 000 pairs | |
| 97 | tonnes | |
| GROUP IV | | |
| 118 | tonnes | |
| GROUP V | | |
| 161 | tonnes | |

(The complete description of the goods is shown in Annex I)

Community quantitative limits

Third country

Category

Unit

2006

Belarus

GROUP IA

1

tonnes

1 585

2

tonnes

6 000

3

tonnes

242

GROUP IB

4

1 000 pieces

1 672

5

1 000 pieces

1 105

6

1 000 pieces

1 550

7

1 000 pieces

1 252

8

1 000 pieces

1 160

GROUP IIA

9

tonnes

363

20

tonnes

329

22

tonnes

524

23

tonnes

255

39

tonnes

241

GROUP IIB

12

1 000 pairs

5 959

13

1 000 pieces

2 651

15

1 000 pieces

1 569

16

1 000 pieces

186

21

1 000 pieces

930

24

1 000 pieces

844

26/27

1 000 pieces

1 117

29

1 000 pieces

468

73

1 000 pieces

329

83

tonnes

184

GROUP IIIA

33

tonnes

387

36

tonnes

1 309

37

tonnes

463

50

tonnes

207

GROUP IIIB

67

tonnes

356

74

1 000 pieces

377

90

tonnes

208

GROUP IV

115

tonnes

95

117

tonnes

2 100

118

tonnes

471

Serbia (1)

GROUP IA

1

tonnes

2

tonnes

2a

tonnes

3

tonnes

GROUP IB

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIA

9

tonnes

GROUP IIB

15

1 000 pieces

16

1 000 pieces

GROUP IIIB

67

tonnes

Vietnam (2)

GROUP IB

4

1 000 pieces

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIA

9

tonnes

20

tonnes

39

tonnes

GROUP IIB

12

1 000 pairs

13

1 000 pieces

14

1 000 pieces

15

1 000 pieces

18

tonnes

21

1 000 pieces

26

1 000 pieces

28

1 000 pieces

29

1 000 pieces

31

1 000 pieces

68

tonnes

73

1 000 pieces

76

tonnes

78

tonnes

83

tonnes

GROUP IIIA

35

tonnes

41

tonnes

GROUP IIIB

10

1 000 pairs

97

tonnes

GROUP IV

118

tonnes

GROUP V

161

tonnes

(b)   applicable for the years 2005, 2006 and 2007

| (The complete description of the goods is shown in Annex I) | Agreed levels |
| --- | --- |
| Third country | Category | Unit | 11 June to 31 December 2005 (3) | 2006 | 2007 |
| China | GROUP IA | | | | |
| 2 (including 2a) | tonnes | 20 212 | 61 948 | 69 692 |
| GROUP IB | | | | |
| 4 (4) | 1 000 pieces | 161 255 | 540 204 | 594 225 |
| 5 | 1 000 pieces | 118 783 | 189 719 | 219 674 |
| 6 | 1 000 pieces | 124 194 | 338 923 | 382 880 |
| 7 | 1 000 pieces | 26 398 | 80 493 | 88 543 |
| GROUP IIA | | | | |
| 20 | tonnes | 6 451 | 15 795 | 17 770 |
| 39 | tonnes | 5 521 | 12 349 | 13 892 |
| GROUP IIB | | | | |
| 26 | 1 000 pieces | 8 096 | 27 001 | 29 701 |
| 31 | 1 000 pieces | 108 896 | 219 882 | 248 261 |
| GROUP IV | | | | |
| 115 | tonnes | 2 096 | 4 740 | 5 214 |

(The complete description of the goods is shown in Annex I)

Agreed levels

Third country

Category

Unit

11 June to 31 December 2005 (3)

2006

2007

China

GROUP IA

2 (including 2a)

tonnes

20 212

61 948

69 692

GROUP IB

4 (4)

1 000 pieces

161 255

540 204

594 225

5

1 000 pieces

118 783

189 719

219 674

6

1 000 pieces

124 194

338 923

382 880

7

1 000 pieces

26 398

80 493

88 543

GROUP IIA

20

tonnes

6 451

15 795

17 770

39

tonnes

5 521

12 349

13 892

GROUP IIB

26

1 000 pieces

8 096

27 001

29 701

31

1 000 pieces

108 896

219 882

248 261

GROUP IV

115

tonnes

2 096

4 740

5 214

‘Appendix A to Annex V

| Category | Third country | Remarks |
| --- | --- | --- |
| 4 | China | For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies’ garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.
  The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied” |

Category

Third country

Remarks

4

China

For the purpose of setting off exports against the agreed levels a conversion rate of five garments (other than babies’ garments) of a maximum commercial size of 130 cm for three garments whose commercial size exceeds 130 cm may be applied for up to 5 % of the agreed levels.

The export licence concerning these products must bear, in box 9, the words “The conversion rate for garments of a commercial size of not more than 130 cm must be applied”

---

(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

1

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

2

(3)  Imports into the Community of products which were shipped to the Community before 11 June 2005 but presented for free circulation on or after that date shall not be subject to quantitative limits. Import authorisations for such products shall be granted automatically and without quantitative limits by the competent authorities of the Member States, upon adequate proof, such as the bill of lading, and the presentation of a signed declaration by the importer, that the goods have been shipped to the Community before that date. By way of derogation of Article 2(2) of Regulation (EEC) No 3030/93, imports of goods shipped before 11 June 2005 shall also be released for free circulation upon the presentation of a surveillance document issued in accordance with Article 10a(2a) of Regulation (EEC) No 3030/93.

3

Import authorisations for goods shipped to the Community between 11 June 2005 and 12 July shall be granted automatically and cannot be denied on the grounds that there are no quantities available within the 2005 quantitative limits. However, the import of all products shipped from 11 June 2005 will be counted against the 2005 quantitative limits.

The granting of import authorisations will not require the presentation of the corresponding export licenses for goods shipped to the Community before China has put in place its export licensing system (20 July 2005).

Applications for import licences for the import, from the date of entry into force of this Regulation, of goods that have been shipped between 11 June 2005 and 19 July 2005 (inclusive) shall be presented to the competent authorities of a Member State no later than 20 September 2005.

Goods shipped before 12 July do not need to have been shipped directly to the Community to benefit from the exemption of quantitative limits, although the competent authorities of the Community may deny such benefits if they have reasons to suspect that they have been shipped to another destination before 12 July in order to circumvent this Regulation, in case such transactions do not respond to normal business practices or purely logistical reasons. By way of example, are considered as corresponding to a normal conduct of business goods shipped to distribution centres for the importing companies, or when the importer can present a contract or letter of credit preceding the date of shipment, or when the goods have been transhipped outside China onto another means of transport within a reasonably short period of time.

The increases to the agreed levels introduced by the Regulation are made available to enable the issuance of import licences for goods shipped to the Community between 13 and 19 July 2005, or for goods shipped to the Community after 20 July 2005 with a valid Chinese export licence, which are in excess of the agreed levels introduced by Commission Regulation (EC) No 1084/2005 (OJ L 177, 9.7.2005, p. 19) in Annex V to Regulation (EEC) No 3030/93.

Should any goods shipped to the Community between 13 and 19 July 2005 exceed these levels, the Commission may authorise the issuance of further import licences after informing the Textiles Committee, and after effecting the transfer of 2 072 924 kg of products of category 2 as provided for in Annex VIII.

(4)  See Appendix A.

4

---

ANNEX II

In Annex VII to Regulation (EEC) No 3030/93 the table is replaced by the following:

‘TABLE

COMMUNITY QUANTITATIVE LIMITS FOR GOODS REIMPORTED UNDER OPT

| Community quantitative limits |
| --- |
| Third country | Category | Unit | 2006 |
| Belarus | GROUP IB | | |
| 4 | 1 000 pieces | 5 055 |
| 5 | 1 000 pieces | 7 047 |
| 6 | 1 000 pieces | 9 398 |
| 7 | 1 000 pieces | 7 054 |
| 8 | 1 000 pieces | 2 402 |
| GROUP IIB | | |
| 12 | 1 000 pairs | 4 749 |
| 13 | 1 000 pieces | 744 |
| 15 | 1 000 pieces | 4 120 |
| 16 | 1 000 pieces | 839 |
| 21 | 1 000 pieces | 2 741 |
| 24 | 1 000 pieces | 706 |
| 26/27 | 1 000 pieces | 3 434 |
| 29 | 1 000 pieces | 1 392 |
| 73 | 1 000 pieces | 5 337 |
| 83 | tonnes | 709 |
| GROUP IIIB | | |
| 74 | 1 000 pieces | 931 |
| Serbia (1) | GROUP IB | | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIB | | |
| 15 | 1 000 pieces | |
| 16 | 1 000 pieces | |
| Vietnam (2) | GROUP IB | | |
| 4 | 1 000 pieces | |
| 5 | 1 000 pieces | |
| 6 | 1 000 pieces | |
| 7 | 1 000 pieces | |
| 8 | 1 000 pieces | |
| GROUP IIB | | |
| 12 | 1 000 pairs | |
| 13 | 1 000 pieces | |
| 15 | 1 000 pieces | |
| 18 | tonnes | |
| 21 | 1 000 pieces | |
| 26 | 1 000 pieces | |
| 31 | 1 000 pieces | |
| 68 | tonnes | |
| 76 | tonnes | |
| 78 | tonnes | |

Community quantitative limits

Third country

Category

Unit

2006

Belarus

GROUP IB

4

1 000 pieces

5 055

5

1 000 pieces

7 047

6

1 000 pieces

9 398

7

1 000 pieces

7 054

8

1 000 pieces

2 402

GROUP IIB

12

1 000 pairs

4 749

13

1 000 pieces

744

15

1 000 pieces

4 120

16

1 000 pieces

839

21

1 000 pieces

2 741

24

1 000 pieces

706

26/27

1 000 pieces

3 434

29

1 000 pieces

1 392

73

1 000 pieces

5 337

83

tonnes

709

GROUP IIIB

74

1 000 pieces

931

Serbia (1)

GROUP IB

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIB

15

1 000 pieces

16

1 000 pieces

Vietnam (2)

GROUP IB

4

1 000 pieces

5

1 000 pieces

6

1 000 pieces

7

1 000 pieces

8

1 000 pieces

GROUP IIB

12

1 000 pairs

13

1 000 pieces

15

1 000 pieces

18

tonnes

21

1 000 pieces

26

1 000 pieces

31

1 000 pieces

68

tonnes

76

tonnes

78

tonnes

| Third country | Category | Unit | Specific agreed levels |
| --- | --- | --- | --- |
| 11 June to 31 December 2005 (3) | 2006 | 2007 |
| China | GROUP IB | | | | |
| 4 | 1 000 pieces | 208 | 408 | 449 |
| 5 | 1 000 pieces | 453 | 886 | 975 |
| 6 | 1 000 pieces | 1 642 | 3 216 | 3 538 |
| 7 | 1 000 pieces | 439 | 860 | 946 |
| GROUP IIB | | | | |
| 26 | 1 000 pieces | 791 | 1 550 | 1 705 |
| 31 | 1 000 pieces | 6 301 | 12 341 | 13 575 |

Third country

Category

Unit

Specific agreed levels

11 June to 31 December 2005 (3)

2006

2007

China

GROUP IB

4

1 000 pieces

208

408

449

5

1 000 pieces

453

886

975

6

1 000 pieces

1 642

3 216

3 538

7

1 000 pieces

439

860

946

GROUP IIB

26

1 000 pieces

791

1 550

1 705

31

1 000 pieces

6 301

12 341

13 575

---

(1)  Quantitative restrictions for Serbia do not apply pursuant to the Agreement between the European Community and Serbia on trade in textile products (OJ L 90, 8.4.2005, p. 36). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

1

(2)  Quantitative restrictions for Vietnam are suspended pursuant to the Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access (OJ L 75, 22.3.2005, p. 35). The European Community retains the right to reapply quantitative restrictions under certain circumstances.

2

(3)  The relevant textile products sent from the Community to the People’s Republic of China for processing before 11 June 2005 and reimported into the Community after that date will, upon adequate proof such as the export declaration, benefit from these provisions.’

3

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/15 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/15

---

COMMISSION REGULATION (EC) No 36/2006

of 10 January 2006

establishing unit values for the determination of the customs value of certain perishable goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,

Whereas:

| (1) | Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation. |
| --- | --- |

(1)

Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.

| (2) | The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, |
| --- | --- |

(2)

The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,

HAS ADOPTED THIS REGULATION:

Article 1

The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 January 2006.

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

Done at Brussels, 10 January 2006.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 (OJ L 117, 4.5.2005, p. 13).

1

(2)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

2

---

ANNEX

| Code | Description | Amount of unit values per 100 kg |
| --- | --- | --- |
| Species, varieties, CN code | EUR
  LTL
  SEK | CYP
  LVL
  GBP | CZK
  MTL | DKK
  PLN | EEK
  SIT | HUF
  SKK |
| 1.10 | New potatoes
  0701 90 50 | 89,04 | 51,08 | 2 575,90 | 664,27 | 1 393,16 | 22 330,07 |
| 307,43 | 61,98 | 38,22 | 339,31 | 21 323,93 | 3 348,57 |
| 829,30 | 61,33 | | | | |
| 1.30 | Onions (other than seed)
  0703 10 19 | 23,69 | 13,59 | 685,35 | 176,74 | 370,67 | 5 941,22 |
| 81,80 | 16,49 | 10,17 | 90,28 | 5 673,52 | 890,93 |
| 220,65 | 16,32 | | | | |
| 1.40 | Garlic
  0703 20 00 | 145,83 | 83,67 | 4 218,98 | 1 087,98 | 2 281,81 | 36 573,73 |
| 503,54 | 101,52 | 62,61 | 555,74 | 34 925,81 | 5 484,53 |
| 1 358,28 | 100,45 | | | | |
| 1.50 | Leeks
  ex 0703 90 00 | 77,08 | 44,22 | 2 229,92 | 575,05 | 1 206,04 | 19 330,89 |
| 266,14 | 53,66 | 33,09 | 293,74 | 18 459,89 | 2 898,82 |
| 717,92 | 53,09 | | | | |
| 1.60 | Cauliflowers
  0704 10 00 | — | — | — | — | — | — |
| 1.80 | White cabbages and red cabbages
  0704 90 10 | 49,51 | 28,40 | 1 432,32 | 369,36 | 774,66 | 12 416,61 |
| 170,95 | 34,46 | 21,25 | 188,67 | 11 857,15 | 1 861,97 |
| 461,13 | 34,10 | | | | |
| 1.90 | Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)
  ex 0704 90 90 | — | — | — | — | — | — |
| — | — | — | — | — | — |
| — | — | | | | |
| 1.100 | Chinese cabbage
  ex 0704 90 90 | 104,01 | 59,67 | 3 009,01 | 775,96 | 1 627,40 | 26 084,67 |
| 359,13 | 72,40 | 44,65 | 396,36 | 24 909,35 | 3 911,61 |
| 968,74 | 71,64 | | | | |
| 1.110 | Cabbage lettuce (head lettuce)
  0705 11 00 | — | — | — | — | — | — |
| 1.130 | Carrots
  ex 0706 10 00 | 30,30 | 17,38 | 876,58 | 226,05 | 474,09 | 7 598,94 |
| 104,62 | 21,09 | 13,01 | 115,47 | 7 256,55 | 1 139,52 |
| 282,21 | 20,87 | | | | |
| 1.140 | Radishes
  ex 0706 90 90 | 63,28 | 36,30 | 1 830,69 | 472,09 | 990,12 | 15 869,99 |
| 218,49 | 44,05 | 27,17 | 241,15 | 15 154,93 | 2 379,83 |
| 589,38 | 43,59 | | | | |
| 1.160 | Peas (Pisum sativum)
  0708 10 00 | 479,10 | 274,86 | 13 860,40 | 3 574,29 | 7 496,31 | 120 153,84 |
| 1 654,24 | 333,50 | 205,68 | 1 825,76 | 114 739,99 | 18 018,05 |
| 4 462,30 | 330,01 | | | | |
| 1.170 | Beans: | | | | | | |
| 1.170.1 | — | Beans (Vigna spp., Phaseolus spp.)
  ex 0708 20 00 |

Code

Description

Amount of unit values per 100 kg

Species, varieties, CN code

EUR

LTL

SEK

CYP

LVL

GBP

CZK

MTL

DKK

PLN

EEK

SIT

HUF

SKK

1.10

New potatoes

0701 90 50

89,04

51,08

2 575,90

664,27

1 393,16

22 330,07

307,43

61,98

38,22

339,31

21 323,93

3 348,57

829,30

61,33

1.30

Onions (other than seed)

0703 10 19

23,69

13,59

685,35

176,74

370,67

5 941,22

81,80

16,49

10,17

90,28

5 673,52

890,93

220,65

16,32

1.40

Garlic

0703 20 00

145,83

83,67

4 218,98

1 087,98

2 281,81

36 573,73

503,54

101,52

62,61

555,74

34 925,81

5 484,53

1 358,28

100,45

1.50

Leeks

ex 0703 90 00

77,08

44,22

2 229,92

575,05

1 206,04

19 330,89

266,14

53,66

33,09

293,74

18 459,89

2 898,82

717,92

53,09

1.60

Cauliflowers

0704 10 00

—

—

—

—

—

—

1.80

White cabbages and red cabbages

0704 90 10

49,51

28,40

1 432,32

369,36

774,66

12 416,61

170,95

34,46

21,25

188,67

11 857,15

1 861,97

461,13

34,10

1.90

Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)

ex 0704 90 90

—

—

—

—

—

—

—

—

—

—

—

—

—

—

1.100

Chinese cabbage

ex 0704 90 90

104,01

59,67

3 009,01

775,96

1 627,40

26 084,67

359,13

72,40

44,65

396,36

24 909,35

3 911,61

968,74

71,64

1.110

Cabbage lettuce (head lettuce)

0705 11 00

—

—

—

—

—

—

1.130

Carrots

ex 0706 10 00

30,30

17,38

876,58

226,05

474,09

7 598,94

104,62

21,09

13,01

115,47

7 256,55

1 139,52

282,21

20,87

1.140

Radishes

ex 0706 90 90

63,28

36,30

1 830,69

472,09

990,12

15 869,99

218,49

44,05

27,17

241,15

15 154,93

2 379,83

589,38

43,59

1.160

Peas (Pisum sativum)

0708 10 00

479,10

274,86

13 860,40

3 574,29

7 496,31

120 153,84

1 654,24

333,50

205,68

1 825,76

114 739,99

18 018,05

4 462,30

330,01

1.170

Beans:

1.170.1

—

Beans (Vigna spp., Phaseolus spp.)

ex 0708 20 00

131,92

75,68

3 816,48

984,18

2 064,12

33 084,49

455,50

91,83

56,63

502,72

31 593,78

4 961,29

1 228,70

90,87

1.170.2

| — | Beans (Phaseolus spp., vulgaris var. Compressus Savi)
  ex 0708 20 00 |
| --- | --- |

—

Beans (Phaseolus spp., vulgaris var. Compressus Savi)

ex 0708 20 00

151,09

86,68

4 371,03

1 127,19

2 364,04

37 891,86

521,68

105,17

64,86

575,77

36 184,54

5 682,19

1 407,24

104,07

1.180

Broad beans

ex 0708 90 00

—

—

—

—

—

—

1.190

Globe artichokes

0709 10 00

—

—

—

—

—

—

1.200

Asparagus:

1.200.1

| — | green
  ex 0709 20 00 |
| --- | --- |

—

green

ex 0709 20 00

268,17

153,85

7 758,28

2 000,69

4 196,01

67 255,41

925,95

186,68

115,13

1 021,96

64 225,04

10 085,50

2 497,75

184,72

1.200.2

| — | other
  ex 0709 20 00 |
| --- | --- |

—

other

ex 0709 20 00

397,58

228,09

11 502,07

2 966,13

6 220,82

99 709,77

1 372,77

276,76

170,68

1 515,11

95 217,08

14 952,29

3 703,05

273,85

1.210

Aubergines (eggplants)

0709 30 00

122,07

70,03

3 531,49

910,69

1 909,98

30 613,94

421,48

84,97

52,40

465,18

29 234,54

4 590,81

1 136,95

84,08

1.220

Ribbed celery (Apium graveolens L., var. dulce (Mill.) Pers.)

ex 0709 40 00

103,56

59,41

2 995,99

772,60

1 620,36

25 971,81

357,57

72,09

44,46

394,65

24 801,58

3 894,68

964,55

71,33

1.230

Chantarelles

0709 59 10

334,34

191,81

9 672,46

2 494,31

5 231,28

83 849,13

1 154,41

232,73

143,53

1 274,10

80 071,09

12 573,86

3 114,01

230,29

1.240

Sweet peppers

0709 60 10

132,07

75,77

3 820,89

985,32

2 066,50

33 122,76

456,02

91,94

56,70

503,31

31 630,33

4 967,03

1 230,12

90,97

1.250

Fennel

0709 90 50

—

—

—

—

—

—

1.270

Sweet potatoes, whole, fresh (intended for human consumption)

0714 20 10

88,83

50,96

2 569,73

662,68

1 389,82

22 276,60

306,70

61,83

38,13

338,50

21 272,87

3 340,56

827,31

61,18

2.10

Chestnuts (Castanea spp.) fresh

ex 0802 40 00

—

—

—

—

—

—

2.30

Pineapples, fresh

ex 0804 30 00

87,36

50,12

2 527,28

651,73

1 366,87

21 908,66

301,63

60,81

37,50

332,91

20 921,51

3 285,38

813,65

60,17

2.40

Avocados, fresh

ex 0804 40 00

145,29

83,35

4 203,29

1 083,93

2 273,32

36 437,68

501,66

101,14

62,37

553,68

34 795,89

5 464,13

1 353,23

100,08

2.50

Guavas and mangoes, fresh

ex 0804 50

—

—

—

—

—

—

2.60

Sweet oranges, fresh:

2.60.1

| — | Sanguines and semi-sanguines
  ex 0805 10 20 |
| --- | --- |

—

Sanguines and semi-sanguines

ex 0805 10 20

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.2

| — | Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins
  ex 0805 10 20 |
| --- | --- |

—

Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins

ex 0805 10 20

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.3

| — | Others
  ex 0805 10 20 |
| --- | --- |

—

Others

ex 0805 10 20

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70

Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids, fresh:

2.70.1

| — | Clementines
  ex 0805 20 10 |
| --- | --- |

—

Clementines

ex 0805 20 10

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.2

| — | Monreales and satsumas
  ex 0805 20 30 |
| --- | --- |

—

Monreales and satsumas

ex 0805 20 30

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.3

| — | Mandarines and wilkings
  ex 0805 20 50 |
| --- | --- |

—

Mandarines and wilkings

ex 0805 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.4

| — | Tangerines and others
  ex 0805 20 70
  ex 0805 20 90 |
| --- | --- |

—

Tangerines and others

ex 0805 20 70

ex 0805 20 90

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.85

Limes (Citrus aurantifolia, Citrus latifolia), fresh

0805 50 90

79,57

45,65

2 301,97

593,63

1 245,00

19 955,41

274,74

55,39

34,16

303,23

19 056,27

2 992,48

741,11

54,81

2.90

Grapefruit, fresh:

2.90.1

| — | white
  ex 0805 40 00 |
| --- | --- |

—

white

ex 0805 40 00

65,87

37,79

1 905,63

491,42

1 030,65

16 519,66

227,44

45,85

28,28

251,02

15 775,33

2 477,26

613,51

45,37

2.90.2

| — | pink
  ex 0805 40 00 |
| --- | --- |

—

pink

ex 0805 40 00

89,01

51,06

2 575,01

664,04

1 392,68

22 322,42

307,33

61,96

38,21

339,19

21 316,62

3 347,43

829,02

61,31

2.100

Table grapes

0806 10 10

198,91

114,11

5 754,43

1 483,94

3 112,25

49 884,34

686,79

138,46

85,39

758,00

47 636,67

7 480,56

1 852,62

137,01

2.110

Water melons

0807 11 00

41,42

23,76

1 198,28

309,01

648,08

10 387,72

143,01

28,83

17,78

157,84

9 919,68

1 557,72

385,78

28,53

2.120

Melons (other than water melons):

2.120.1

| — | Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro
  ex 0807 19 00 |
| --- | --- |

—

Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro

ex 0807 19 00

50,68

29,08

1 466,20

378,10

792,98

12 710,24

174,99

35,28

21,76

193,13

12 137,54

1 906,00

472,04

34,91

2.120.2

| — | Other
  ex 0807 19 00 |
| --- | --- |

—

Other

ex 0807 19 00

90,35

51,84

2 613,95

674,08

1 413,74

22 659,98

311,98

62,90

38,79

344,32

21 638,98

3 398,05

841,55

62,24

2.140

Pears

2.140.1

| — | Pears — nashi (Pyrus pyrifolia),
  Pears — Ya (Pyrus bretscheideri)
  ex 0808 20 50 |
| --- | --- |

—

Pears — nashi (Pyrus pyrifolia),

Pears — Ya (Pyrus bretscheideri)

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.140.2

| — | Other
  ex 0808 20 50 |
| --- | --- |

—

Other

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.150

Apricots

0809 10 00

214,34

122,97

6 200,77

1 599,04

3 353,65

53 753,60

740,06

149,20

92,01

816,80

51 331,59

8 060,79

1 996,31

147,64

2.160

Cherries

0809 20 95

0809 20 05

504,68

289,54

14 600,52

3 765,15

7 896,60

126 569,83

1 742,57

351,31

216,66

1 923,25

120 866,89

18 980,17

4 700,58

347,63

2.170

Peaches

0809 30 90

259,07

148,63

7 494,99

1 932,79

4 053,61

64 972,97

894,53

180,34

111,22

987,28

62 045,44

9 743,22

2 412,98

178,45

2.180

Nectarines

ex 0809 30 10

173,71

99,66

5 025,52

1 295,97

2 718,02

43 565,53

599,80

120,92

74,58

661,99

41 602,57

6 533,01

1 617,95

119,65

2.190

Plums

0809 40 05

215,27

123,50

6 227,87

1 606,03

3 368,30

53 988,47

743,30

149,85

92,42

820,36

51 555,87

8 096,01

2 005,04

148,28

2.200

Strawberries

0810 10 00

330,04

189,35

9 548,18

2 462,26

5 164,07

82 771,81

1 139,58

229,74

141,69

1 257,73

79 042,31

12 412,31

3 074,00

227,33

2.205

Raspberries

0810 20 10

841,58

482,81

24 346,92

6 278,53

13 167,87

211 059,97

2 905,81

585,82

361,29

3 207,09

201 550,11

31 650,16

7 838,40

579,68

2.210

Fruit of the species Vaccinium myrtillus

0810 40 30

1 030,95

591,46

29 825,38

7 691,30

16 130,86

258 551,95

3 559,66

717,64

442,59

3 928,74

246 902,22

38 771,97

9 602,17

710,12

2.220

Kiwi fruit (Actinidia chinensis Planch.)

0810 50 00

132,12

75,80

3 822,23

985,67

2 067,23

33 134,37

456,18

91,97

56,72

503,48

31 641,42

4 968,77

1 230,55

91,00

2.230

Pomegranates

ex 0810 90 95

201,31

115,49

5 823,90

1 501,85

3 149,82

50 486,53

695,08

140,13

86,42

767,15

48 211,73

7 570,87

1 874,98

138,66

2.240

Khakis (including sharon fruit)

ex 0810 90 95

132,41

75,97

3 830,73

987,86

2 071,82

33 208,01

457,20

92,17

56,85

504,60

31 711,73

4 979,81

1 233,29

91,21

2.250

Lychees

ex 0810 90

—

—

—

—

—

—

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/21 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/21

---

COMMISSION REGULATION (EC) No 37/2006

of 11 January 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

| (4) | In the week of 2 to 6 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation. |
| --- | --- |

(4)

In the week of 2 to 6 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation.

| (5) | In the week 2 to 6 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding the contingent stipulated in Article 16 of Regulation (EC) No 1159/2003 for special preferential sugar. |
| --- | --- |

(5)

In the week 2 to 6 January 2006 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding the contingent stipulated in Article 16 of Regulation (EC) No 1159/2003 for special preferential sugar.

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

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

In the case of import licence applications presented from 2 to 6 January 2006 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 12 January 2006.

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

Done at Brussels, 11 January 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

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

2

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

3

---

ANNEX

ACP–INDIA preferential sugar

Title II of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Barbados | 100 | |
| Belize | 100 | |
| Congo | 0 | reached |
| Fiji | 100 | |
| Guyana | 100 | |
| India | 0 | reached |
| Côte d'Ivoire | 100 | |
| Jamaica | 100 | |
| Kenya | 100 | |
| Madagascar | 100 | |
| Malawi | 100 | |
| Mauritius | 100 | |
| Mozambique | 0 | reached |
| Saint Kitts and Nevis | 100 | |
| Swaziland | 100 | |
| Tanzania | 100 | reached |
| Trinidad and Tobago | 100 | |
| Zambia | 100 | |
| Zimbabwe | 0 | reached |

Country

Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted

Limit

Barbados

100

Belize

100

Congo

0

reached

Fiji

100

Guyana

100

India

0

reached

Côte d'Ivoire

100

Jamaica

100

Kenya

100

Madagascar

100

Malawi

100

Mauritius

100

Mozambique

0

reached

Saint Kitts and Nevis

100

Swaziland

100

Tanzania

100

reached

Trinidad and Tobago

100

Zambia

100

Zimbabwe

0

reached

Special preferential sugar

Title III of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| India | 100 | |
| ACP | 70,2359 | reached |

Country

Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted

Limit

India

100

ACP

70,2359

reached

CXL concessions sugar

Title IV of Regulation (EC) No 1159/2003

2005/06 marketing year

| Country | Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Brazil | 0 | reached |
| Cuba | 100 | |
| Other third countries | 0 | reached |

Country

Week of 2.1.2006-6.1.2006: percentage of requested quantity to be granted

Limit

Brazil

0

reached

Cuba

100

Other third countries

0

reached

---

II Acts whose publication is not obligatory

Commission

| 12.1.2006 | EN | Official Journal of the European Union | L 7/23 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/23

---

COMMISSION DECISION

of 6 January 2006

amending Annex I to Council Decision 79/542/EEC as regards transitional measures for transit of live animals from Bulgaria and Romania via the former Yugoslav Republic of Macedonia, Serbia and Montenegro

(notified under document number C(2005) 5885)

(Text with EEA relevance)

(2006/9/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (1) in particular Article 3(1) and Article 17 thereof,

Whereas:

| (1) | Part 1 of Annex I to Council Decision 79/542/EEC of 21 December 1979 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2) sets out a list of third countries and parts of third countries from which Member States are authorised to import certain live animals. |
| --- | --- |

(1)

Part 1 of Annex I to Council Decision 79/542/EEC of 21 December 1979 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2) sets out a list of third countries and parts of third countries from which Member States are authorised to import certain live animals.

| (2) | The former Yugoslav Republic of Macedonia, Serbia and Montenegro are listed in Part 1 of Annex II to Decision 79/542/EEC for import into the Community of meat but are not listed in Part 1 of Annex I and therefore import and transit through the EU of the live animals covered by this Decision is not presently authorised. |
| --- | --- |

(2)

The former Yugoslav Republic of Macedonia, Serbia and Montenegro are listed in Part 1 of Annex II to Decision 79/542/EEC for import into the Community of meat but are not listed in Part 1 of Annex I and therefore import and transit through the EU of the live animals covered by this Decision is not presently authorised.

| (3) | However the disease situation in these countries is acceptable and, in addition, in the interest of animal welfare it would be preferable to allow transit of slaughter animals through these countries subject to certain conditions. Therefore for a transitional period until 31 December 2006 and pending a Commission mission to these countries, transit through these countries of consignments of live animals referred to in Decision 79/542/EEC for direct slaughter may be allowed coming from the acceding countries of Bulgaria and Romania and destined to a Member State. This transitional period should apply only for Bulgaria and Romania in view of their intended accession. |
| --- | --- |

(3)

However the disease situation in these countries is acceptable and, in addition, in the interest of animal welfare it would be preferable to allow transit of slaughter animals through these countries subject to certain conditions. Therefore for a transitional period until 31 December 2006 and pending a Commission mission to these countries, transit through these countries of consignments of live animals referred to in Decision 79/542/EEC for direct slaughter may be allowed coming from the acceding countries of Bulgaria and Romania and destined to a Member State. This transitional period should apply only for Bulgaria and Romania in view of their intended accession.

| (4) | In order to ensure the health status of the individual consignments additional conditions such as sealing of the lorries and stamping of the certificate must be laid down. |
| --- | --- |

(4)

In order to ensure the health status of the individual consignments additional conditions such as sealing of the lorries and stamping of the certificate must be laid down.

| (5) | Part 1 of Annex I to Decision 79/542/EEC should be amended accordingly. |
| --- | --- |

(5)

Part 1 of Annex I to Decision 79/542/EEC should be amended accordingly.

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

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

Part 1 of Annex I to Decision 79/542/EEC is replaced by the Annex to this Decision.

Article 2

This Decision shall apply from 12 January 2006.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 6 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 139, 30.4.2004, p. 321, as corrected by OJ L 226, 25.6.2004, p. 128.

1

(2)  
  OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission Decision 2005/753/EC (OJ L 282, 26.10.2005, p. 22).

2

---

ANNEX

‘ANNEX I

LIVE ANIMALS

Part 1

LIST OF THIRD COUNTRIES OR PARTS THEREOF (*1)

| Country (1) | Code of territory | Description of territory | Veterinary certificate | Specific conditions |
| --- | --- | --- | --- | --- |
| Model(s) | SG |
| 1 | 2 | 3 | 4 | 5 | 6 |
| BG — Bulgaria | BG-0 | Whole country | — | | VI |
| BG-1 | The provinces of Varna, Dobrich, Silistra, Choumen, Targovitchte, Razgrad, Rousse, V. Tarnovo, Gabrovo, Pleven, Lovetch, Plovdic, Smolian, Pasardjik, Sofia distric, Sofia city, Pernik, Kustendil, Blagoevgrad, Sliven, Starazagora, Vratza, Montana and Vidin | BOV-X, BOV-Y, RUM, OVI-X, OVI-Y | A |
| CA — Canada | CA-0 | Whole country | POR-X | | IVb
  IX |
| CA-1 | Whole country except the Okanagan Valley region of British Columbia described as follows:






  — | From a point on the Canada/United States border 120° 15′ longitude, 49° latitude |

Country (1)

Code of territory

Description of territory

Veterinary certificate

Specific conditions

Model(s)

SG

1

2

3

4

5

6

BG — Bulgaria

BG-0

Whole country

—

VI

BG-1

The provinces of Varna, Dobrich, Silistra, Choumen, Targovitchte, Razgrad, Rousse, V. Tarnovo, Gabrovo, Pleven, Lovetch, Plovdic, Smolian, Pasardjik, Sofia distric, Sofia city, Pernik, Kustendil, Blagoevgrad, Sliven, Starazagora, Vratza, Montana and Vidin

BOV-X, BOV-Y, RUM, OVI-X, OVI-Y

A

CA — Canada

CA-0

Whole country

POR-X

IVb

IX

CA-1

Whole country except the Okanagan Valley region of British Columbia described as follows:

—

From a point on the Canada/United States border 120° 15′ longitude, 49° latitude

| — | Northerly to a point 119° 35′ longitude, 50° 30′ latitude |
| --- | --- |

—

Northerly to a point 119° 35′ longitude, 50° 30′ latitude

| — | North-easterly to a point 119° longitude, 50° 45′ latitude |
| --- | --- |

—

North-easterly to a point 119° longitude, 50° 45′ latitude

Southerly to a point on the Canada/United States border 118° 15′ longitude, 49° latitude

BOV-X, OVI-X, OVI-Y, RUM (*2)

A

CH — Switzerland

CH-0

Whole country

BOV-X, BOV-Y, OVI-X, OVI-Y, RUM

POR-X, POR-Y, SUI

B

CL — Chile

CL-0

Whole country

OVI-X, RUM

POR-X, SUI

B

GL — Greenland

GL-0

Whole country

OVI-X, RUM

V

HR — Croatia

HR-0

Whole country

BOV-X, BOV-Y, RUM, OVI-X, OVI-Y

IS — Iceland

IS-0

Whole country

BOV-X, BOV-Y, RUM, OVI-X, OVI-Y

I

POR-X, POR-Y

B

MK — The former Yugoslav Republic of Macedonia (*4)

MK-0

Whole country

X

NZ — New Zealand

NZ-0

Whole country

BOV-X, BOV-Y, RUM, POR-X, POR-Y, OVI-X, OVI-Y

I

PM — Saint Pierre and Miquelon

PM-0

Whole country

BOV-X, BOV-Y, RUM, OVI-X, OVI-Y, CAM

RO — Romania

RO-0

Whole country

BOV-X, BOV-Y, RUM, OVI-X, OVI-Y

V

XM — Montenegro (*3)

XM-0

Whole custom territory (1)

X

XS — Serbia (*3)

XS-0

Whole custom territory (1)

X

Specific conditions (see footnotes in each certificate):

| “I” | : | territory where the presence of BSE in native cattle has been assessed as highly unlikely, for the purpose of exporting to the European Community animals certified according to the models of certificate BOV-X and BOV-Y. |
| --- | --- | --- |
| “II” | : | territory recognised as having an official tuberculosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X. |
| “III” | : | territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X. |
| “IVa” | : | territory recognised as having an official enzootic-bovine-leukosis (EBL)-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X. |
| “IVb” | : | territory with approved holdings recognised as having an official enzootic-bovine-leukosis (EBL)-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X. |
| “V” | : | territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate OVI-X. |
| “VI” | : | Geographical constraints: |
| “VII” | : | territory recognised as having an official tuberculosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate RUM. |
| “VIII” | : | territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate RUM. |
| “IX” | : | territory recognised as having an official Aujeszky’s disease-free status for the purposes of exports to the European Community of animals certified according to the model of certificate POR-X. |
| “X” | : | only until 31.12.2006 for transit through the territory of animals for direct slaughter which are consigned from Bulgaria or Romania and destined to a Member States in lorries which have been sealed with a serially numbered seal. The seal number must be entered on the health certificate and the seal must be intact on arrival at the designated border inspection post of entry into the Community and recorded in TRACES . The certificate must be stamped at the exit point of Bulgaria or Romania by the competent veterinary authorities prior to transiting a third country with the following appropriate wording “ONLY FOR TRANSIT TO THE EU FROM BULGARIA/ROMANIA (delete country as applicable) VIA THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA/MONTENEGRO/SERBIA (delete country as applicable)”.’ |

“I”

:

territory where the presence of BSE in native cattle has been assessed as highly unlikely, for the purpose of exporting to the European Community animals certified according to the models of certificate BOV-X and BOV-Y.

“II”

:

territory recognised as having an official tuberculosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X.

“III”

:

territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X.

“IVa”

:

territory recognised as having an official enzootic-bovine-leukosis (EBL)-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X.

“IVb”

:

territory with approved holdings recognised as having an official enzootic-bovine-leukosis (EBL)-free status for the purposes of exports to the European Community of animals certified according to the model of certificate BOV-X.

“V”

:

territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate OVI-X.

“VI”

:

Geographical constraints:

“VII”

:

territory recognised as having an official tuberculosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate RUM.

“VIII”

:

territory recognised as having an official brucellosis-free status for the purposes of exports to the European Community of animals certified according to the model of certificate RUM.

“IX”

:

territory recognised as having an official Aujeszky’s disease-free status for the purposes of exports to the European Community of animals certified according to the model of certificate POR-X.

“X”

:

only until 31.12.2006 for transit through the territory of animals for direct slaughter which are consigned from Bulgaria or Romania and destined to a Member States in lorries which have been sealed with a serially numbered seal. The seal number must be entered on the health certificate and the seal must be intact on arrival at the designated border inspection post of entry into the Community and recorded in TRACES . The certificate must be stamped at the exit point of Bulgaria or Romania by the competent veterinary authorities prior to transiting a third country with the following appropriate wording “ONLY FOR TRANSIT TO THE EU FROM BULGARIA/ROMANIA (delete country as applicable) VIA THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA/MONTENEGRO/SERBIA (delete country as applicable)”.’

---

(*1)  Without prejudice to specific certification requirements provided for by any relevant Community agreement with third countries.

*1

(*2)  Exclusively for live animals other than animals belonging to the cervidae species.

*2

cervidae

(*3)  Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

*3

(*4)  The former Yugoslav Republic of Macedonia; provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

*4

(1)  Serbia and Montenegro are republics with individual customs forming a State Union and therefore are listed separately.

1

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/27 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/27

---

COMMISSION DECISION

of 10 January 2006

concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC

(notified under document number C(2005) 5964)

(Only the Greek text is authentic)

(2006/10/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 18 thereof,

Whereas:

| (1) | The Commission has, in accordance with Article 17 of Directive 2002/53/EC, published on 17 September 2004 in the C series of the Official Journal of the European Union a list of seventeen genetically modified varieties of maize derived from the genetically modified organism MON 810 in the 13th supplement to the 22nd complete edition of the common catalogue of varieties of agricultural plant species (2). |
| --- | --- |

(1)

The Commission has, in accordance with Article 17 of Directive 2002/53/EC, published on 17 September 2004 in the C series of the Official Journal of the European Union a list of seventeen genetically modified varieties of maize derived from the genetically modified organism MON 810 in the 13th supplement to the 22nd complete edition of the common catalogue of varieties of agricultural plant species (2).

| (2) | Under Article 16(1) of the Directive, Member States shall ensure that, with effect from the publication referred to in Article 17, seed of varieties accepted in accordance with this Directive or in accordance with the principles corresponding to those of this Directive is not subject to any marketing restrictions relating to the variety. |
| --- | --- |

(2)

Under Article 16(1) of the Directive, Member States shall ensure that, with effect from the publication referred to in Article 17, seed of varieties accepted in accordance with this Directive or in accordance with the principles corresponding to those of this Directive is not subject to any marketing restrictions relating to the variety.

| (3) | According to Article 7(4) of the said Directive, genetically modified varieties shall only be accepted for inclusion in a national catalogue after having been accepted for marketing in accordance with Council Directive 90/220/EEC (3), which provides for the assessment of the risks for human health and the environment of genetically modified organisms. |
| --- | --- |

(3)

According to Article 7(4) of the said Directive, genetically modified varieties shall only be accepted for inclusion in a national catalogue after having been accepted for marketing in accordance with Council Directive 90/220/EEC (3), which provides for the assessment of the risks for human health and the environment of genetically modified organisms.

| (4) | Commission Decision 98/294/EC of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON 810), decided pursuant to Council Directive 90/220/EEC (4) that consent shall be given for the placing on the market of that product. On 3 August 1998 the French authorities effectively allowed the placing on the market of that product. |
| --- | --- |

(4)

Commission Decision 98/294/EC of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON 810), decided pursuant to Council Directive 90/220/EEC (4) that consent shall be given for the placing on the market of that product. On 3 August 1998 the French authorities effectively allowed the placing on the market of that product.

| (5) | On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order No 243267 of 3.3.2005 prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen above-mentioned varieties and asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC. |
| --- | --- |

(5)

On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order No 243267 of 3.3.2005 prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen above-mentioned varieties and asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC.

| (6) | Article 18 of Directive 2002/53/EC, provides that if it is established that the cultivation of a variety included in the common catalogue of varieties could in any Member State be harmful from a point of view of plant health to the cultivation of other varieties or species, or present a risk for the environment or for human health, that Member State may upon application, be authorised to prohibit the marketing of the seed in question in all or part of its territory. Where there is imminent danger of the spread of harmful organisms or imminent danger for human health or for the environment, that prohibition may be imposed by the Member State concerned as soon as its application has been lodged until such time as a final decision has been taken. |
| --- | --- |

(6)

Article 18 of Directive 2002/53/EC, provides that if it is established that the cultivation of a variety included in the common catalogue of varieties could in any Member State be harmful from a point of view of plant health to the cultivation of other varieties or species, or present a risk for the environment or for human health, that Member State may upon application, be authorised to prohibit the marketing of the seed in question in all or part of its territory. Where there is imminent danger of the spread of harmful organisms or imminent danger for human health or for the environment, that prohibition may be imposed by the Member State concerned as soon as its application has been lodged until such time as a final decision has been taken.

| (7) | The Greek authorities explained in the notification that the prohibition measure is deemed necessary in so far as the cultivation of the genetically modified varieties may cause adverse effects to the rural environment. Greece did not supply information supporting its measure which could have been referred to the European Food Safety Authority for a risk assessment as regards human health or the environment of these genetically modified varieties. On 4 May 2005, the Commission wrote to the Greek authorities and asked for clarifications, in particular, on the possible effects of the marketing of those seeds on the rural environment. The Greek authorities replied on 12 May 2005, that adverse effects caused to the rural environment by the seeds of those 17 genetically modified varieties, are of an economic nature and do not concern the environment in general or human health. In this regard, the response also stated that the Greek authorities are aware that in application of Community legislation for environmental risk assessment, MON 810 has already been assessed as safe for the environment and human health. |
| --- | --- |

(7)

The Greek authorities explained in the notification that the prohibition measure is deemed necessary in so far as the cultivation of the genetically modified varieties may cause adverse effects to the rural environment. Greece did not supply information supporting its measure which could have been referred to the European Food Safety Authority for a risk assessment as regards human health or the environment of these genetically modified varieties. On 4 May 2005, the Commission wrote to the Greek authorities and asked for clarifications, in particular, on the possible effects of the marketing of those seeds on the rural environment. The Greek authorities replied on 12 May 2005, that adverse effects caused to the rural environment by the seeds of those 17 genetically modified varieties, are of an economic nature and do not concern the environment in general or human health. In this regard, the response also stated that the Greek authorities are aware that in application of Community legislation for environmental risk assessment, MON 810 has already been assessed as safe for the environment and human health.

| (8) | On this basis, none of the specific provisions of Article 18 of Directive 2002/53/EC are applicable in the case of the prohibition of the cultivation of these varieties by the Greek authorities and an authorisation for such a prohibition may thus not be granted. |
| --- | --- |

(8)

On this basis, none of the specific provisions of Article 18 of Directive 2002/53/EC are applicable in the case of the prohibition of the cultivation of these varieties by the Greek authorities and an authorisation for such a prohibition may thus not be granted.

| (9) | The Standing Committee on Seeds and Plant Propagating Material for Agriculture, Horticulture and Forestry did not deliver a favourable opinion in the time limit laid down by its chairman. The Commission therefore submitted a proposal relating to these measures to the Council on 30 August 2005, pursuant to Article 23, paragraph 3 of Directive 2002/53/EC and in accordance with Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). |
| --- | --- |

(9)

The Standing Committee on Seeds and Plant Propagating Material for Agriculture, Horticulture and Forestry did not deliver a favourable opinion in the time limit laid down by its chairman. The Commission therefore submitted a proposal relating to these measures to the Council on 30 August 2005, pursuant to Article 23, paragraph 3 of Directive 2002/53/EC and in accordance with Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

| (10) | Since, on the expiry of the period laid down in Article 23(3) of Directive 2002/53/EC, the Council had neither adopted the proposed measures nor indicated its opposition to them, in accordance with Article 5(6) of Decision 1999/468/EC, the measures should be adopted by the Commission, |
| --- | --- |

(10)

Since, on the expiry of the period laid down in Article 23(3) of Directive 2002/53/EC, the Council had neither adopted the proposed measures nor indicated its opposition to them, in accordance with Article 5(6) of Decision 1999/468/EC, the measures should be adopted by the Commission,

HAS ADOPTED THIS DECISION:

Article 1

The Hellenic Republic is not authorised to prohibit the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties.

Article 2

The Hellenic Republic shall take the necessary steps to comply with this Decision within 20 days after its notification, at the latest.

Article 3

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 10 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

1

(2)  
  OJ C 232 A, 17.9.2004, p. 1.

2

(3)  
  OJ L 117, 8.5.1990, p. 15. Directive as last amended by Commission Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).

3

(4)  
  OJ L 131, 5.5.1998, p. 32.

4

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

5

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/29 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/29

---

COMMISSION DECISION

of 11 January 2006

amending Decision 2005/758/EC concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC

(notified under document C(2005) 6025)

(Text with EEA relevance)

(2006/11/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

| (1) | Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products. |
| --- | --- |

(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbance which can quickly take on epizootic proportions liable to present a serious threat to animal and public health and to reduce the profitability of poultry farming sharply. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

| (2) | Croatia has notified the Commission of the isolation of an influenza A virus of subtype H5N1 Asian strain collected from a clinical case in a wild species. Commission Decision 2005/749/EC (3) was therefore adopted and later replaced by Commission Decision 2005/758/EC of 27 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC (4). |
| --- | --- |

(2)

Croatia has notified the Commission of the isolation of an influenza A virus of subtype H5N1 Asian strain collected from a clinical case in a wild species. Commission Decision 2005/749/EC (3) was therefore adopted and later replaced by Commission Decision 2005/758/EC of 27 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Croatia and repealing Decision 2005/749/EC (4).

| (3) | Croatia has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to the affected part of the territory of Croatia. |
| --- | --- |

(3)

Croatia has applied strict disease control measures and has sent further information on the disease situation to the Commission which justify limiting the suspension of imports to the affected part of the territory of Croatia.

| (4) | Decision 2005/758/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2005/758/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/758/EC is amended as follows:

| 1. | In Article 1(1), the introductory phrase is replaced by the following:

  ‘Member States shall suspend imports of the following from that part of the territory of Croatia referred to in the Annex:’; |
| --- | --- |

1.

In Article 1(1), the introductory phrase is replaced by the following:

‘Member States shall suspend imports of the following from that part of the territory of Croatia referred to in the Annex:’;

| 2. | The Annex the text of which is set out in the Annex to this Decision is added. |
| --- | --- |

2.

The Annex the text of which is set out in the Annex to this Decision is added.

Article 2

Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 11 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1).

2

(3)  
  OJ L 280, 25.10.2005, p. 23.

3

(4)  
  OJ L 285, 28.10.2005, p. 50.

4

---

ANNEX

‘ANNEX

Part of the territory of Croatia referred to in Article 1(1)

| ISO
  country code | Name of country | Part of territory |
| --- | --- | --- |
| HR | Croatia | In Croatia the counties of:






  — | Viroviticko-Podravska |

ISO

country code

Name of country

Part of territory

HR

Croatia

In Croatia the counties of:

—

Viroviticko-Podravska

| — | Osjecko-Baranjska’ |
| --- | --- |

—

Osjecko-Baranjska’

---

Corrigenda

| 12.1.2006 | EN | Official Journal of the European Union | L 7/32 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/32

---

Corrigendum to Commission Regulation (EC) No 2024/2005 of 12 December 2005 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

(
  Official Journal of the European Union L 326 of 13 December 2005
  )

On page 11, point 2, under (f):

for:

‘Bukava Aviation Transport’,

read:

‘Bukavu Aviation Transport’.

On page 11, point 2, under (n):

for:

‘DHH Enterprise, Inc.’

read:

‘DHH Enterprises, Inc.’.

On page 12, point 2, under (u):

for:

‘Orient Star Cooperation’,

read:

‘Orient Star Corporation’.

---

| 12.1.2006 | EN | Official Journal of the European Union | L 7/32 |
| --- | --- | --- | --- |

12.1.2006

EN

Official Journal of the European Union

L 7/32

---

Corrigendum to Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of ‘Avena fatua’ in fodder plant and cereal seed

(
  Official Journal of the European Communities L 141 of 24 May 1974
  )

On page 19, Article 2, first paragraph:

for:

‘Member States shall issue the official certificate provided for in Article 11 of the Directive on the marketing of cereal seed,’;

read:

‘Member States shall issue, on request, the official certificate provided for in Article 11 of the Directive on the marketing of cereal seed,’.

---