ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 318/3

COMMISSION REGULATION (EC) No 1980/2005

of 5 December 2005

amending the conditions for authorisation of a feed additive belonging to the group of trace elements and of a feed additive belonging to the group of binders and anti-caking agents

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular the third sentence of Article 13(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 1334/2003 of 25 July 2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (2) establishes a maximum level for lead in zinc oxide and Commission Regulation (EC) No 2148/2004 of 16 December 2004 concerning the permanent and provisional authorisations of certain additives and the authorisation of new uses of an additive already authorised in feedingstuffs (3) establishes a maximum level for lead in clinoptilolite of volcanic origin.

(2) Maximum levels for lead have been established for additives belonging to the functional group of compounds of trace elements, including zinc oxide, and for additives belonging to the functional groups of binders and anti-caking agents, including clinoptilolite of volcanic origin by Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (4), as amended by Commission Directive 2005/87/EC (5). Since the rules governing undesirable substances should be collected in a single text for greater clarity, it is appropriate to remove the corresponding references from Regulations (EC) No 1334/2003 and (EC) No 2148/2004.

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

HAS ADOPTED THIS REGULATION:

Article 1

1. In Regulation (EC) No 1334/2003, the words ‘maximum content of lead: 600 mg/kg’ are deleted from the entry in the Annex concerning zinc.

2. In Regulation (EC) No 2148/2004, the words ‘maximum lead content: 80 mg/kg’ are deleted from the entry in the Annex concerning clinoptilolite of volcanic origin.

Article 2

This Regulation shall enter into force 12 months after the entry into force of Commission Directive 2005/87/EC.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 268, 18.10.2003, p. 29. Regulation as amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 8).

(2) OJ L 187, 26.7.2003, p. 11. Regulation as amended by Regulation (EC) No 2112/2003 (OJ L 317, 2.12.2003, p. 22).

(3) OJ L 370, 17.12.2004, p. 24.

(4) OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2005/8/EC (OJ L 27, 29.1.2005, p. 44).

(5) See page 19 of this Official Journal.
EN Official Journal of the European Union L 201/36

COMMISSION REGULATION (EC) No 1268/2005

of 1 August 2005

amending Regulation (EEC) No 2191/81 on the granting of aid for the purchase of butter by non-profit making institutions and organisations

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 15 thereof,

Whereas:

(1) Commission Regulation (EEC) No 2191/81 (2) provides for the grant of aid for the purchase of butter by non-profit making institutions and organisations. In view of the reduction in the butter intervention price and the subsequent reduction of aid levels in other butter support schemes, the aid amount should be reduced.

(2) Given the nature of the final beneficiaries of this scheme, it is necessary to provide for some time to elapse between the entry into force of the Regulation and its application in order to allow beneficiaries to adapt to the new aid level.

(3) The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

In the first subparagraph of Article 2(1) of Regulation (EEC) No 2191/81, the amount ‘EUR 80’ is replaced by the amount ‘EUR 60’.

Article 2

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

It shall apply from 1 September 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 August 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 213, 1.8.1981, p. 20. Regulation last amended by Regulation (EC) No 181/2005 (OJ L 30, 3.2.2005, p. 8).
EN Official Journal of the European Union L 106/10

COMMISSION REGULATION (EC) No 635/2005

of 26 April 2005

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to the said general rules, the goods described in column 1 of the table, set out in the Annex to this Regulation, should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3.

(4) It is appropriate to provide that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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, 26 April 2005. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.
EN Official Journal of the European Union L 6/1

COUNCIL REGULATION (EC, EURATOM) No 23/2005

of 20 December 2004

adjusting, from 1 July 2004, the rate of contribution to the pension scheme of officials and other servants of the European Communities and, from 1 January 2005, the interest rate used for transfers between the Community scheme and national pension schemes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of employment of other servants of the European Communities, as laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom) No 723/2004 (2), and in particular Articles 83 and 83a of the Staff Regulations and Annex XII thereto,

Having regard to the proposal presented by the Commission after consulting the Staff Regulations Committee,

Whereas:

(1) In accordance with Article 13 of Annex XII to the Staff Regulations, on 1 September 2004 Eurostat submitted a report on the 2004 five-yearly actuarial assessment of the pension scheme updating the parameters referred to in that Annex.

(2) On the basis of that report, the rate of contribution required to maintain actuarial balance of the pension scheme of officials and other servants of the European Communities should be adjusted. Under Article 2 of Annex XII, the 2004 adjustment may not exceed 9,75 %.

(3) The rate referred to in Articles 4 and 8 of Annex VIII to the Staff Regulations, and in Articles 40 and 110 of the Conditions of employment of other servants, should be amended in accordance with Article 12 of Annex XII,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2004, the rate of the contribution referred to in Article 83(2) of the Staff Regulations shall be 9,75 %.

Article 2

With effect from 1 January 2005, the interest rate referred to in Articles 4 and 8 of Annex VIII to the Staff Regulations and in Articles 40 and 110 of the Conditions of employment of other servants shall be 3,9 %.

Article 3

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, 20 December 2004. For the Council The President P. VAN GEEL

(1) OJ L 56, 4.3.1968, p. 1.

(2) OJ L 124, 27.4.2004, p. 1.
EN Official Journal of the European Union L 266/50

COMMISSION REGULATION (EC) No 1655/2005

of 10 October 2005

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the twentieth 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, 10 October 2005. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).
(100)

In view of the above, it cannot be excluded that the impact of the anti-competitive conduct has had some effect on part of the Community market, i.e. the Dutch market, during part of the period considered and consequently on the injury indicators of the Community producers involved in the cartel. It has been common practice in cases where decisions concerning price cartels have been taken by public authorities that a particularly prudent approach be adopted even when such decisions are still under appeal. In order to avoid any doubts that the overall performance of the sampled Community producer, Accell Group N.V., could have been influenced by the anti-competitive conduct of some its subsidiaries, it has been decided to exclude this producer from the injury analysis, although it was found that only some of the companies in the group were involved in the anti-competitive conduct. Regarding the anti-competitive conduct of the other two Community producers that also participated in the cartel, it is noted that they were not part of the sample of Community producers. For these two producers, considering that the cartel was based on common minimum price lists, the likely impact of the cartel on these producers' performance would be reflected in prices and profit levels. Since no assessment of trends in prices and profitability for the non-sampled Community producers has been made, the participation in the cartel of these two companies has no impact on the injury analysis. It has also been considered whether the anti-competitive behaviour in part of the Community market may have had an impact also on the performance of the other sampled Community producers. However, it has been found that these producers' operations on the Dutch market have been of an extremely limited nature during the period considered (less than 1 % of total units sold). Furthermore, the consumption on the Dutch market only represents 7 % of the total consumption in the Community and, in addition, the duration of the cartel was very limited in time. It is therefore not considered necessary to make any adjustments to the injury findings concerning the performance of these other producers.
EN Official Journal of the European Union L 43/42

Corrigendum to Commission Regulation (EC) No 1876/2006 of 18 December 2006 concerning the provisional and permanent authorisation of certain additives in feedingstuffs

( Official Journal of the European Union L 360 of 19 December 2006 )

On page 128 in the table in Annex I, additive No 12, column 9, ‘End of period of authorisation’:

for:

‘8.1.2010’,

read:

‘8.1.2011’;

and on page 129 in the table in Annex II, additive No 59, column 9, ‘End of period of authorisation’:

for:

‘8.1.2010’,

read:
Corrigendum to Council Regulation (EC) No 1989/2006 of 21 December 2006 amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

( Official Journal of the European Union L 411 of 30 December 2006 )

Regulation (EC) No 1989/2006 should read as follows:

COUNCIL REGULATION (EC) No 1989/2006

of 21 December 2006

amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,

Having regard the Act of Accession of Bulgaria and Romania (2), and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts shall be adopted by the Council, unless the Commission adopted the original act.

(2) Regulation (EC) No 1083/2006 (3) defines the general rules governing the assistance of the European Regional Development Fund, the European Social Fund and the Cohesion Fund and their objectives. Pursuant to Article 53, Annex III to that Regulation establishes the ceilings applicable to co-financing rates in the operational programmes, by Member State and by objective, on the basis of objective criteria. Annex III to Regulation (EC) No 1083/2006 should be adapted in order to take into account the accession of Bulgaria and Romania to the European Union.

(3) It is necessary to ensure that any technical adaptation to the Structural and Cohesion Funds legislation is adopted as soon as possible so as to allow Bulgaria and Romania to present programming documents as from the date of their accession to the European Union.

(4) Regulation (EC) No 1083/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1083/2006 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
EN Official Journal of the European Union L 51/34

Corrigendum to Commission Regulation (EC) No 1854/2006 of 15 December 2006 publishing, for 2007, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87

( Official Journal of the European Union L 361 of 19 December 2006 )

On page 12, footnote 6:

for:

‘… dry matter content of less than 78 % …’,

read:

‘… dry matter content of at least 78 % …’;

and on page 22, against the entry for CN code ex 0207 12 10:

for:

‘Plucked and gutted …’,

read:

‘Plucked and drawn …’.
EN Official Journal of the European Union L 3/13

COMMISSION REGULATION (EC) No 12/2006

of 5 January 2006

fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 2093/2005

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 12(1) thereof,

Whereas:

(1) An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 2093/2005 (2).

(2) Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3) the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 30 December 2005 to 5 January 2006, pursuant to the invitation to tender issued in Regulation (EC) No 2093/2005, the maximum reduction in the duty on maize imported shall be 19,19 EUR/t and be valid for a total maximum quantity of 37 000 t.

Article 2

This Regulation shall enter into force on 6 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 January 2006. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 335, 20.12.2005, p. 3.

(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 1558/2005 (OJ L 249, 24.9.2005, p. 6).
EN Official Journal of the European Union L 3/17

COMMISSION REGULATION (EC) No 15/2006

of 5 January 2006

fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1058/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

(1) An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).

(2) In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.

(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 30 December 2005 to 5 January 2006, pursuant to the invitation to tender issued in Regulation (EC) No 1058/2005, the maximum refund on exportation of barley shall be 2,99 EUR/t.

Article 2

This Regulation shall enter into force on 6 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 January 2006. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78.

(2) OJ L 174, 7.7.2005, p. 12.

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