ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 340/60

COMMISSION REGULATION (EC) No 2140/2005

of 22 December 2005

fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 1809/2005

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 Portugal from third countries was opened pursuant to Commission Regulation (EC) No 1809/2005 (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 16 to 22 December 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1809/2005, the maximum reduction in the duty on maize imported shall be 22,72 EUR/t and be valid for a total maximum quantity of 1 500 t.

Article 2

This Regulation shall enter into force on 23 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 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 291, 5.11.2005, p. 4.

(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 2235/2005 (OJ L 256, 10.10.2005, p. 13).
EN Official Journal of the European Union L 342/65

COMMISSION REGULATION (EC) No 2160/2005

of 23 December 2005

altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 1918/2005

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), and in particular the third subparagraph of Article 27(5) thereof,

Whereas:

(1) The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 2131/2005 (2).

(2) Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 2131/2005 was adopted, those refunds should be adjusted,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 2131/2005 are hereby altered to the amounts shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 24 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 340, 23.12.2005, p. 45.
EN Official Journal of the European Union L 340/59

COMMISSION REGULATION (EC) No 2139/2005

of 22 December 2005

fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005

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 common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 1059/2005 (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 16 to 22 December 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1059/2005, the maximum refund on exportation of common wheat shall be 8,00 EUR/t.

Article 2

This Regulation shall enter into force on 23 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 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 174, 7.7.2005, p. 15.

(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).
EN Official Journal of the European Union L 342/11

COMMISSION REGULATION (EC) No 2146/2005

of 23 December 2005

fixing the production refund on white sugar used in the chemical industry for the period from 1 to 31 January 2006

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), and in particular the fifth indent of Article 7(5) thereof,

Whereas:

(1) Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.

(2) Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (2) provides that these refunds shall be determined according to the refund fixed for white sugar.

(3) Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month.

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

HAS ADOPTED THIS REGULATION:

Article 1

The production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 31,180 EUR/100 kg net for the period from 1 to 31 January 2006.

Article 2

This Regulation shall enter into force on 1 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 178, 30.6.2001, p. 63.
EN Official Journal of the European Union L 74/38

COMMISSION REGULATION (EC) No 454/2005

of 18 March 2005

determining the extent to which applications lodged in March 2005 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 April 2005 to 30 June 2005 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1458/2003 of 18 August 2003 opening and providing for the administration of tariff quotas for certain products in the pigmeat sector (1) , and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged for the period 1 April to 30 June 2005 are for quantities less than the quantities available and can therefore be met in full.

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences for the period 1 April to 30 June 2005 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in the Annex.

Article 2

This Regulation shall enter into force on 1 April 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 March 2005. For the Commission J. M. SILVA RODRÍGUEZ Director-General for Agriculture and Rural Development

(1) OJ L 208, 19.8.2003, p. 3.
EN Official Journal of the European Union L 97/13

COMMISSION REGULATION (EC) No 570/2005

of 14 April 2005

amending Regulation (EC) No 118/2005 as regards the fixing of budgetary ceilings for direct payments to be granted under Article 71 of 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 71(2) thereof,

Whereas:

(1) Annex IV to Regulation (EC) No 118/2005 modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation establishes, for the 2005 financial year, budgetary ceilings for direct payments to be granted under Article 71 of Regulation (EC) No 1782/2003.

(2) In calculating single payment entitlements France recently discovered a not inconsiderable disparity between the financial result using the individual physical data relating to the different direct payments during the reference period, which are used to establish the reference amounts, and the data which had been communicated by France and used to establish the budgetary ceilings for the various direct payments in Regulation (EC) No 118/2005.

(3) The budgetary ceilings applicable in France for the year 2005 for the direct payments fixed in Regulation (EC) No 118/2005 should therefore be amended.

(4) Regulation (EC) No 118/2005 should therefore be amended accordingly.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 118/2005 is hereby replaced by the Annex to this Regulation.

Article 2

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, 14 April 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 270, 21.10.2003, p. 1. Regulation last amended by Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005, p. 15).
EN Official Journal of the European Union L 2/3

COMMISSION REGULATION (EC) No 6/2005

of 4 January 2005

correcting Regulations (EC) No 46/2003 and (EC) No 47/2003 as regards mixes of different types of fresh fruit and vegetables in the same sales package

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 2(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 48/2003 of 10 January 2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package (2) applies to sales packages of a net weight of three kilograms or less.

(2) There is a mistake in Commission Regulation (EC) No 46/2003 of 10 January 2003 amending the marketing standards for fresh fruit and vegetables as regards mixes of different types of fresh fruit and vegetables in the same sales package (3) and in Commission Regulation (EC) No 47/2003 of 10 January 2003 amending Annex I to Council Regulation (EC) No 2200/96, which provide that different types of products covered by the marketing standards for fresh fruit and vegetables may be combined in sales packages of a net weight of less than three kilograms.

(3) Regulations (EC) No 46/2003 and (EC) No 47/2003 must therefore be corrected to allow sales packages covered by this provision to be of a net weight of three kilograms or less.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 46/2003, ‘of a net weight of less than three kilograms’ is hereby replaced by ‘of a net weight of three kilograms or less’.

Article 2

In Article 1 of Regulation (EC) No 47/2003, ‘of a net weight of less than three kilograms’ is hereby replaced by ‘of a net weight of three kilograms or less’.

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, 4 January 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2) OJ L 7, 11.1.2003, p. 65.

(3) OJ L 7, 11.1.2003, p. 61.
EN Official Journal of the European Union L 62/5

COMMISSION REGULATION (EC) No 387/2005

of 8 March 2005

amending (EC) Regulation No 831/97 laying down marketing standards applicable to avocados

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 2(2) thereof,

Whereas:

(1) The Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE) has recently amended standard FFV-42 concerning the marketing and commercial quality control of avocados. For the sake of clarity and international transparency, account should be taken of such amendments in Commission Regulation (EC) No 831/97 (2).

(2) Maturity and development of avocados can be assessed by their dry matter contents. In order to exclude fruit unable to ripen, a requirement as to the minimum dry matter content should be introduced.

(3) Trade in small-sized Hass avocados is growing and meets the demand of certain consumers. It is therefore necessary to decrease the minimum size for avocados of this variety.

(4) Regulation (EC) No 831/97 should therefore be amended accordingly.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 831/97 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 May 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 March 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2) OJ L 119, 8.5.1997, p. 13. Regulation as last amended by Regulation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).
3.

Article 17(2), (3) and (4) is replaced by the following: ‘2. Before 15 February 2006, in accordance with the procedure laid down in Article 23(2) of Regulation (EEC) No 2075/92, an indicative allocation between the Member States of financing under the Fund for the measures referred to in Articles 13 and 14 of this Regulation shall be drawn up based on the national guarantee thresholds fixed for the 2005 harvest. 3. Before 30 April 2006, the Member States shall draw up and notify to the Commission their projected financing plans for the measures for which assistance has been requested. 4. Where it is established, on the basis of the information referred to in paragraph 3, that part of the funding allocated to one or more Member States will not be committed due to a lack of applications for assistance, the Commission shall draw up, before 30 June 2006, a definitive allocation of this funding among Member States that have received applications for assistance for a total amount greater than their budget as determined in accordance with paragraph 2. This definitive allocation shall be in proportion to the indicative allocation drawn up in accordance with paragraph 2.’
(26)

The applicants argued that the dumping calculation should have been made on the basis of a comparison of the weighted average normal value to individual export transactions, since they alleged that targeted dumping to a special category of purchaser existed. They argued that if sales of a particular film type were made only to customers within a specific end-use segment, this would amount to targeting by customer. They also considered that their approach was justified in view of an increase in Indian production capacity, which they believed related mainly to that particular film type. In this regard, it should first be noted that the film type concerned was sold not only to customers solely purchasing that film type, but also to customers purchasing other film types. A comparison of prices for the same film types sold to different customers did not show a pattern of price differentiation by customer. In the absence of such a pattern, the existence of an alleged pattern of dumping by model is irrelevant for the purpose of the selection of the dumping calculation methodology, as indicated in Article 2(11) of the basic Regulation. Moreover, it should also be noted that changes in production capacity are not a relevant factor in determining the methodology to be followed for the determination of the dumping margin either. Since no targeting by customer, region or time period was identified, the applicants’ claim was rejected and the comparison of normal value to export price on the basis of a weighted average to weighted average approach was maintained as the appropriate methodology,
EN Official Journal of the European Union L 194/1

COMMISSION REGULATION (EC) No 1191/2005

of 25 July 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:

(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,

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 26 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 July 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 1947/2002 (OJ L 299, 1.11.2002, p. 17).

ANNEX

to Commission Regulation of 25 July 2005 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 00 052 101,8 999 101,8 0707 00 05 052 72,3 999 72,3 0709 90 70 052 66,4 999 66,4 0805 50 10 388 62,9 508 58,8 524 73,5 528 64,5 999 64,9 0806 10 10 052 111,0 204 79,7 220 156,7 508 134,4 624 165,2 999 129,4 0808 10 80 388 85,0 400 84,0 404 86,2 508 82,4 512 69,7 524 52,1 528 58,0 720 57,5 804 80,7 999 72,8 0808 20 50 052 105,4 388 72,6 512 38,7 528 52,5 999 67,3 0809 10 00 052 132,2 094 100,2 999 116,2 0809 20 95 052 293,6 400 307,1 404 385,7 999 328,8 0809 30 10, 0809 30 90 052 101,2 999 101,2 0809 40 05 624 86,7 999 86,7

(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’.