----

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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1844/2005

of 11 November 2005         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

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

----

ANNEX

to Commission Regulation of 11 November 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

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

----

----

            COMMISSION REGULATION (EC) No 1845/2005

of 11 November 2005         

opening a standing invitation to tender for the resale on the Community market of maize held by the Czech intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Czech intervention agency shall open a standing invitation to tender for the sale on the Community market of 31 185 tonnes of maize held by it.

Article 2

The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.

However, notwithstanding that Regulation:

Article 3

Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93 the tender security shall be set at EUR 10 per tonne.

Article 4

1.   The first partial invitation to tender shall expire at 15.00 (Brussels time) on 23 November 2005.

The time-limit for submitting tenders under subsequent partial invitations to tender shall be 15.00 (Brussels time) each Wednesday thereafter, with the exception of 28 December 2005, 12 April 2006 and 24 May 2006, there being no invitation to tender in the weeks concerned.

The closing date for the submission of tenders for the last partial invitation to tender shall be 28 June 2006 at 15.00 (Brussels time).

2.   Tenders must be lodged with the Czech intervention agency at the following address:

Article 5

Within two hours of the expiry of the time-limit for the submission of tenders, the Czech intervention agency shall notify the Commission of tenders received. This notification shall be made by e-mail, using the form in the Annex hereto.

Article 6

Under the procedure laid down in Article 25(2) of Regulation (EC) No 1784/2003, the Commission shall set the minimum selling price or decide not to award any quantities. In the event that tenders are submitted for the same lot and for a quantity larger than that available, the Commission may fix this price separately for each lot.

Where tenders are offering the minimum sale price, the Commission may fix an award coefficient for the quantities offered at the same time as it fixes the minimum sale price.

Article 7

This Regulation shall enter into force on the third 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, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 11549/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

----

ANNEX

Standing invitation to tender for the resale of 31 185  tonnes of maize held by the Czech intervention agency

Form (*1)

(Regulation (EC) No 1845/2005)

----

(*1)  To be sent to DG AGRI, Unit D.2.

----

----

            COMMISSION REGULATION (EC) No 1846/2005

of 11 November 2005         

fixing the minimum selling prices for butter for the 174th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The minimum selling prices of butter from intervention stocks and processing securities applying for the 174th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

ANNEX

to the Commission Regulation of 11 November 2005 fixing the minimum selling prices for butter for the 174th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

----

----

            COMMISSION REGULATION (EC) No 1847/2005

of 11 November 2005         

fixing the maximum aid for cream, butter and concentrated butter for the 174th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The maximum aid and processing securities applying for the 174th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

ANNEX

to the Commission Regulation of 11 November 2005 fixing the maximum aid for cream, butter and concentrated butter for the 174th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

----

----

            COMMISSION REGULATION (EC) No 1848/2005

of 11 November 2005         

fixing the maximum aid for concentrated butter for the 346th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 346th tender under the standing invitation to tender opened by Regulation (EEC) No 429/90 the maximum aid and the end-use security are fixed as follows:

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 45, 21.2.1990, p. 8. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

            COMMISSION REGULATION (EC) No 1849/2005

of 11 November 2005         

fixing the minimum selling price for butter for the 30th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 30th individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 8 November 2005, the minimum selling price for butter is fixed at 258,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

            COMMISSION REGULATION (EC) No 1850/2005

of 11 November 2005         

fixing the minimum selling price for skimmed-milk powder for the 29th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 29th individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 8 November 2005, the minimum selling price for skimmed milk is fixed at 186,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 12 November 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

----

----

            COMMISSION REGULATION (EC) No 1851/2005

of 11 November 2005         

setting the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2005/06

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 October 2005 to 30 September 2006, the coefficients referred to in Article 4 of Regulation (EEC) No 2825/93 applicable to cereals used in Ireland in the production of Irish whiskey shall be as set out in the Annex hereto.

Article 2

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

It shall apply from 1 October 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

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

(2)OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

----

ANNEX

----

(1)  Including malted barley.

----

----

            COMMISSION REGULATION (EC) No 1852/2005

of 11 November 2005         

setting the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2005/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 October 2005 to 30 September 2006, the coefficients referred to in Article 4 of Regulation (EEC) No 2825/93 applicable to cereals used in the United Kingdom in the production of Scotch whisky shall be as set out in the Annex hereto.

Article 2

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

It shall apply from 1 October 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

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

(2)OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

----

ANNEX

----

----

            COMMISSION DIRECTIVE 2005/77/EC

of 11 November 2005         

amending Annex V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular point (d) of the second paragraph of Article 14 thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

In point 2.4 of section I of part A of Annex V to Directive 2000/29/EC the last indent is replaced by the following:

Article 2

1.   Member States shall adopt and publish, by 30 April 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 May 2006.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 11 November 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 8 November 2005         

appointing a member of the Committee of the Regions

(2005/785/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the United Kingdom Government,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Ms Gabrielle KAGAN, Councillor — Brent Council, is hereby appointed a member of the Committee of the Regions in place of Ms Sally POWELL for the remainder of her term of office, which runs until 25 January 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 8 November 2005.

For the Council

The President

G. BROWN            

----

(1)OJ L 24, 26.1.2002, p. 38.

----

Commission

----

            COMMISSION DECISION         

of 2 March 2005         

on the State aid implemented by Germany for Chemische Werke Piesteritz

(notified under document number C(2005) 427)

(Only the German text is authentic)

(Text with EEA relevance)

(2005/786/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments,

Whereas:

I.   PROCEDURE

II.   DESCRIPTION

A.   The beneficiary

B.   Financial measures by the public authorities

Financial measures notified by Germany in 1997

C.   The restructuring

The original restructuring plan

Amendment of the plan

D.   Costs of the restructuring

E.   Private contribution

F.   Market analysis

III.   REASONS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE

IV.   REASONS FOR ISSUING THE INFORMATION INJUNCTION

V.   COMMENTS FROM INTERESTED PARTIES

A.   Comments from Prayon-Rupel

B.   Comments from Chemische Fabrik Budenheim A. Oetker

C.   Comments from BK Giulini

D.   Comments from CWP

VI.   COMMENTS FROM GERMANY

VII.   ASSESSMENT

A.   Introduction

B.   The relevant undertaking

C.   Existing aid

D.   Other State aid within the meaning of Article 87(1) of the EC Treaty

E.   Compatibility

Eligibility of the company

Restoration of viability

Aid in proportion to the restructuring costs and benefits

Full implementation of the restructuring plan

F.   Conclusion

HAS ADOPTED THIS DECISION:

Article 1

The State aid which Germany has implemented for Chemische Werke Piesteritz is incompatible with the common market.

The aid consists of the following measures:

Article 2

1.   Germany shall take all necessary measures to recover from the beneficiary the aid referred to in Article 1 and unlawfully made available to the beneficiary.

The loan under Measure 7 (including Measure 7a) and the loan under Measure 8 (including Measure 8a) shall be discontinued within two months following notification of this Decision.

2.   Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the Decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiary until the date of its recovery. Interest shall be calculated in accordance with the provisions of Chapter V of Commission Regulation (EC) No 794/2004 (26).

Article 3

Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.

Germany shall provide this information using the questionnaire attached in the Annex to this Decision. In particular, it shall submit to the Commission all documents proving that recovery proceedings have been initiated against the beneficiary of the unlawful aid.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 2 March 2005.

For the Commission

Neelie KROES            

Member of the Commission

----

(1)OJ C 226, 11.8.2001, p. 2.

(2)OJ C 51, 18.2.1998, p. 7.

(3)  Judgment of the Court of First Instance of 15 March 2001, Case T-73/98 Société chimique Prayon-Rupel SA v Commission of the European Communities [2001] ECR II-867.

(4)  See footnote 1.

(5)  CWP changed its accounting method in 1998. The data for 1998 correspond to October-December 1998.

(6)  Following the information injunction, Germany informed the Commission that CWP had a wholly owned subsidiary, KEB Kali Elektrolyse GmbH, Bitterfeld. The subsidiary had been set up in 1998 in order to operate a potassium electrolysis unit. Since this did not function properly, the company was renamed Vopelius-Bioprodukte GmbH and subsequently sold to Vopelius Chemie AG.

(7)  http://www.bvt.de/

(*1)  Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(8)  http://europa.eu.int/comm/competition/State_aid/others/reference_rates.html

(9)  List No 33 concerning BvS’s’ follow-up negotiations reported as being concluded in August 1999. The waiver was conditional on a new associate of CWP contributing a liquidity-related capital increase of EUR 2,05 million (DEM 4 million).

(10)Reinigung von Nassphosphorsäure durch Flüssig-flüssig-Extraktion, DLM, November 1997.

(11)Betriebskostenabschätzung für eine Extraktionsanlage zur Extraktion von Nassphosphorsäure, DLM, September 1996.

(12)  Annex 42 to the letter of 4 July 2003.

(13)  See footnote 3.

(14)OJ C 368, 23.12.1994, p. 12.

(15)OJ L 107, 30.4.1996, p. 4.

(16)  Point 3.1 of THA scheme N 768/94 states that privatisations of companies must be notified to the Commission only if the company has more than 250 workers at the time of privatisation (SG(95) D/1062 of 1.2.1995).

(17)  SG(92) D/17613 of 8.12.1992.

(18)  N 413/91, Guarantee rules of the Land of Saxony-Anhalt (SG(91) D/15633 of 8.8.1991).

(19)  26th General Plan of the joint Federal Government/Länder scheme for improving regional economic structures, N 123/97 (SG(97) D/7104 of 18.8.1997 and SG(98) D/7191 of 18.8.1998).

(20)OJ C 273, 9.9.1997, p. 3.

(21)  See footnote 14.

(22)  Point 7.5 of the 1999 guidelines states that ‘the Commission will examine the compatibility with the common market of any rescuing and restructuring aid granted without its authorisation (...) on the basis of the Guidelines in force at the time the aid is granted (...)’ (OJ C 288, 9.10.1999, p. 2).

(23)OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession.

(24)  Judgment of the Court of Justice of 14 January 1997 in Case C-169/95 Kingdom of Spain v Commission of the European Communities [1997] ECR I-135, and Judgment of the Court of First Instance of 5 August 2003 in Joined Cases T-116/01 and T-118/01 P & O European Ferries (Vizcaya), SA v and Diputación Foral de Vizcaya v Commission of the European Communities [2003] ECR II-2957.

(25)  Joined Cases T-116/01 and T-118/01, (already cited, recital 209).

(26)OJ L 140, 30.4.2004, p. 1.

----

----

            COMMISSION DECISION         

of 11 November 2005         

amending Decision 97/569/EC as regards the inclusion of one establishment in South Africa in provisional lists of third country establishments from which Member States authorise imports of meat products

(notified under document number C(2005) 4283)

(Text with EEA relevance)

(2005/787/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(1) and (4) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 97/569/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 15 November 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 11 November 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 243, 11.10.1995, p. 17. Decision as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected version in OJ L 195, 2.6.2004, p. 12).

(2)OJ L 234, 26.8.1997, p. 16. Decision as last amended by the 2003 Act of Accession.

(3)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 version in OJ L 191, 28.5.2004, p. 1).

----

ANNEX

The following text is inserted in Annex I in the part concerning South Africa in accordance with the national reference:

----

----

            COMMISSION DECISION         

of 11 November 2005         

concerning the non-inclusion of naled in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance

(notified under document number C(2005) 4351)

(Text with EEA relevance)

(2005/788/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Naled shall not be included as an active substance in Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

Article 3

Any period of grace granted by Member States in accordance with Article 4(6) of Directive 91/414/EEC, for the disposal, storage, placing on the market and use of existing stocks shall be as short as possible and shall expire on 11 May 2007 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 11 November 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).

(2)OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3)OJ L 98, 7.4.2001, p. 6.

----

----

            COMMISSION DECISION         

of 11 November 2005         

on a Community financial contribution for 2005 to cover expenditure incurred by Belgium, France and the Netherlands for the purpose of combating organisms harmful to plants or plant products

(notified under document number C(2005) 4356)

(Only the French and Dutch texts are authentic)

(2005/789/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 23 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The allocation of a Community financial contribution for 2005 to cover expenditure incurred by Belgium, France and the Netherlands relating to necessary measures as specified in Article 23(2) of Directive 2000/29/EC and taken for the purpose of combating the organisms concerned by the eradication programmes listed in the Annex is hereby approved.

Article 2

1.   The total amount of the financial contribution referred to in Article 1 is EUR 689 449.

2.   The maximum amounts of the Community financial contribution for each of the programmes shall be as indicated in the Annex.

Article 3

The Community financial contribution as set out in the Annex shall be paid on the following conditions:

The payment of the financial contribution is without prejudice of the verifications by the Commission in accordance with Article 24 of Directive 2000/29/EC.

Article 4

This Decision is addressed to the Kingdom of Belgium, the French Republic and the Kingdom of the Netherlands.

Done at Brussels, 11 November 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

(2)OJ L 157, 15.6.2002, p. 38. Regulation as amended by Regulation (EC) No 738/2005 (OJ L 122, 14.5.2005, p. 17).

(3)OJ L 341, 17.11.2004, p. 27.

(4)OJ L 160, 26.6.1999, p. 103.

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ANNEX

ERADICATION PROGRAMMES

Legend:

SECTION I

Programmes whose Community financial contribution corresponds to 50 % of eligible expenditure

SECTION II

Programmes whose Community financial contribution rates differ, in application of degressivity

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