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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 1288/2006

of 25 August 2006         

amending Regulation (EC) No 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 and amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2026/1997 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation) and, in particular, Article 19 thereof,

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 (2) and, in particular, Article 14(1) thereof,

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

Whereas:

A.   PROCEDURE

I.   Previous investigation and existing measures

II.   Request for a partial interim review

III.   Investigation

B.   PRODUCT CONCERNED AND LIKE PRODUCT

I.   Product concerned

II.   Like product

C.   SUBSIDIES

I.   Introduction

(a)   Nationwide schemes

(b)   Regional schemes

II.   Nationwide schemes

1.   Advance Licence Scheme (ALS)/Advance Release Order (ARO)

(a)   Legal basis

(b)   Eligibility

2.   Duty Entitlement Passbook Scheme (DEPBS)

(a)   Legal basis

(b)   Eligibility

(c)   Practical implementation

(d)   Conclusions on DEPBS

(e)   Calculation of the subsidy amount

3.   Export Oriented Unit Scheme (EOUS)/Special Economic Zones Scheme (SEZS)

(a)   Legal basis

(b)   Eligibility

4.   Export Promotion Capital Goods Scheme (EPCGS)

(a)   Legal basis

(b)   Eligibility

(c)   Practical implementation

(d)   Conclusion on the EPCGS

(e)   Calculation of the subsidy amount

5.   Income Tax Exemption Scheme (ITES)

(a)   Legal basis

(b)   Practical implementation

6.   Export Credit Scheme (ECS)

(a)   Legal basis

(b)   Eligibility

(c)   Practical implementation

(d)   Conclusion on the ECS

(e)   Calculation of the subsidy amount

7.   Duty-Free Replenishment Certificate (DFRC)

(a)   Legal basis

(b)   Practical Implementation

III.   Regional schemes

Package Scheme of Incentives (PSI) of the Government of Maharashtra (GOM)

(a)   Legal basis

(b)   Eligibility

(c)   Practical implementation

(d)   Conclusion on the PSI of the GOM

(e)   Calculation of the subsidy amount

IV.   Amount of countervailable subsidies

V.   Lasting nature of changed circumstances with regard to subsidisation

VI.   Conclusion

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(2) of Council Regulation (EC) No 367/2006 shall be replaced by the following:

‘2.   The rate of the duty applicable to the net free-at-Community-frontier price, before duty for imports produced in India by the companies listed below, shall be as follows:

Article 2

Article 1(2) of Council Regulation (EC) No 1676/2001 shall be replaced by the following:

‘2.   The rate of the definitive anti-dumping duty applicable to the net free-at-Community-frontier price, before duty, shall be as follows for products originating in:

Article 3

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, 25 August 2006.

For the Council

The President

E. TUOMIOJA            

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(1)OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(3)OJ L 316, 10.12.1999, p. 1.

(4)OJ L 68, 8.3.2006, p. 15.

(5)OJ L 68, 8.3.2006, p. 6.

(6)OJ L 227, 23.8.2001, p. 1.

(7)OJ C 172, 12.7.2005, p. 5.

(8)  Notification No 1/2002-07 of 31.3.2002 of the Ministry of Commerce and Industry of the Government of India.

(9)              European Commission, Directorate General for Trade, Directorate B, J-79 5/17, Rue de la Loi/Wetstraat 200, B-1049 Brussels.

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            COUNCIL REGULATION (EC) No 1289/2006

of 25 August 2006         

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain side-by-side refrigerators originating in the Republic of Korea

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 Article 9 thereof,

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

Whereas:

A.   PROVISIONAL MEASURES

B.   SUBSEQUENT PROCEDURE

C.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   Claim (i)

2.   Claim (ii)

D.   DUMPING

1.   Normal value

2.   Export price

3.   Comparison

4.   Dumping margin

E.   COMMUNITY PRODUCTION AND COMMUNITY INDUSTRY

F.   INJURY

Imports from the country concerned

G.   CAUSATION

1.   Effects of the dumped imports

2.   Effects of other factors

Imports of the product concerned manufactured by Samsung

H.   COMMUNITY INTEREST

I.   DEFINITIVE MEASURES

J.   DEFINITIVE COLLECTION OF THE PROVISIONAL DUTY

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on side-by-side refrigerators, i.e. combined refrigerator-freezers of a capacity exceeding 400 litres, with the freezer and refrigerator compartments placed side-by-side, falling within CN code ex 8418 10 20 (TARIC code 8418102091) and originating in the Republic of Korea.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below shall be as follows:

3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

1.   The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 355/2006 on imports of side-by-side refrigerators, i.e. combined refrigerator-freezers of a capacity exceeding 400 litres, with at least two separate external doors fitted side-by-side, produced by Samsung Electronics Corporation falling within CN code ex 8418 10 20 shall be released.

2.   The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 355/2006 on imports of combined refrigerator-freezers of a capacity exceeding 400 litres, with two doors on the refrigerator compartment above and one door on the freezer compartment below, falling within CN code ex 8418 10 20 and originating in the Republic of Korea shall be released.

3.   The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 355/2006 on imports of side-by-side refrigerators, i.e. combined refrigerator-freezers of a capacity exceeding 400 litres, with the freezer and refrigerator compartments placed side-by-side, falling within CN code ex 8418 10 20 and originating in the Republic of Korea shall be definitively collected. The amounts secured in excess of the definitive duties as set out in Article 1(2), shall be released.

Article 3

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, 25 August 2006.

For the Council

The President

E. TUOMIOJA            

----

(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ C 135, 2.6.2005, p. 4.

(3)OJ L 59, 1.3.2006, p. 12.

(4)  See Council Regulation (EC) No 2041/2000 (OJ L 244, 29.9.2000, p. 33, recital 26).

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            COMMISSION REGULATION (EC) No 1290/2006

of 30 August 2006         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 31 August 2006.

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

Done at Brussels, 30 August 2006.

For the Commission

Jean-Luc 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).

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ANNEX

to Commission Regulation of 30 August 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

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

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            COMMISSION REGULATION (EC) No 1291/2006

of 30 August 2006         

amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145(c) and (d) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 795/2004 is amended as follows:

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 as of the date of entry into force, except Article 1(2) which shall apply from 1 January 2005 and Article 1(4) which shall apply from 1 January 2006.

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

Done at Brussels, 30 August 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 953/2006 (OJ L 175, 29.6.2006, p. 1).

(2)OJ L 141, 30.4.2004, p. 1. Regulation as last amended by Regulation (EC) No 1134/2006 (OJ L 203, 26.7.2006, p. 4).

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            COMMISSION REGULATION (EC) No 1292/2006

of 30 August 2006         

establishing a prohibition of fishing for cod in ICES zone I, II (Norwegian waters) by vessels flying the flag of Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

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

Done at Brussels, 30 August 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

----

(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3)OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1262/2006 (OJ L 230, 24.8.2006, p. 4).

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ANNEX

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            COMMISSION REGULATION (EC) No 1293/2006

of 30 August 2006         

establishing a prohibition of fishing for anglerfish in ICES zone IV (Norwegian waters) by vessels flying the flag of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

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

Done at Brussels, 30 August 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

----

(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3)OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1262/2006 (OJ L 230, 24.8.2006, p. 4).

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ANNEX

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            COMMISSION REGULATION (EC) No 1294/2006

of 30 August 2006         

establishing a prohibition of fishing for tusk in ICES zone IV (Norwegian waters) by vessels flying the flag of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

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

Done at Brussels, 30 August 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

----

(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3)OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1262/2006 (OJ L 230, 24.8.2006, p. 4).

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ANNEX

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II Acts whose publication is not obligatory

Commission

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            COMMISSION RECOMMENDATION         

of 24 August 2006         

on the digitisation and online accessibility of cultural material and digital preservation

(2006/585/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

HEREBY RECOMMENDS THAT MEMBER STATES:

Digitisation and online accessibility

Digital preservation

Follow-up to this Recommendation

Done at Brussels, 24 August 2006.

For the Commission

Viviane REDING            

Member of the Commission

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(1)  COM(2005) 465 final.

(2)OJ L 323, 9.12.2005, p. 57.

(3)OJ L 167, 22.6.2001, p. 10.

(4)OJ C 162, 6.7.2002. p. 4.

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            COMMISSION DECISION         

of 25 August 2006         

recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of chromafenozide, halosulfuron, tembotrione, valiphenal and Zucchini yellow mosaic virus — weak strain in Annex I to Council Directive 91/414/EEC

(notified under document number C(2006) 3820)

(Text with EEA relevance)

(2006/586/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 on the market (1), and in particular Article 6(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossiers concerning the active substances identified in the Annex to this Decision, which were submitted to the Commission and the Member States with a view to obtaining the inclusion of those substances in Annex I to that Directive, satisfy in principle the data and information requirements set out in Annex II to that Directive.

The dossiers also satisfy the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.

Article 2

The rapporteur Member States shall pursue the detailed examination for the dossiers concerned and shall report the conclusions of their examinations accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I of Directive 91/414/EEC and any conditions related thereto to the European Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 August 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/41/EC (OJ L 187, 8.7.2006, p. 24).

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ANNEX

ACTIVE SUBSTANCES CONCERNED BY THIS DECISION

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Documents annexed to the general budget for the European Union

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First amending budget of the European Medicines Agency (EMEA) for 2006

(2006/587/EC, Euratom)

Pursuant to Article 26(2) of the Financial Regulation of the European Medicines Agency (EMEA), adopted by the Management Board on 10 June 2004, ‘the budget and amending budgets, as finally adopted, shall be published in the Official Journal of the European Union         ’.

The first amending budget of the EMEA for 2006 was adopted by the Management Board on 26 July 2006 (MB/275072/2006).

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Corrigenda

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Corrigendum to Commission Regulation (EC) No 1285/2006 of 29 August 2006 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2007 under certain GATT quotas

(Official Journal of the European Union L 235 of 30 August 2006)

On page 11, in Annex II, first line:

for:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1282/2006:’,

read:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1285/2006:’,

and the second line:

for:

               ‘Name of group indicated in column 2 of Annex I to Regulation (EC) No 1282/2006:’,

read:

               ‘Name of group indicated in column 2 of Annex I to Regulation (EC) No 1285/2006:’.

On page 12, in Annex III, first line:

for:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1282/2006:’,

read:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1285/2006:’,

and the second line:

for:

               ‘Name of group indicated in column 2 of Annex I to Regulation (EC) No 1282/2006:’,

read:

               ‘Name of group indicated in column 2 of Annex I to Regulation (EC) No 1285/2006:’.

On page 13, in Annex IV, heading of first column:

for:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1282/2006:’,

read:

               ‘Identification of group and quota referred to in column 3 of Annex I to Regulation (EC) No 1285/2006:’.

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