ddrg/super_eurlex huggingface dataset:
(6)

Articles 2 and 5 of Council Regulation (EEC) No 3492/90 of 27 November 1990 laying down the factors to be taken into consideration in the annual accounts for the financing of intervention measures in the form of public storage by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (5), lay down the rules on responsibility. Those Articles specify in particular that Member States are to take all measures necessary to ensure the proper preservation of products which have been the subject of Community intervention and that quantities which have deteriorated on account of the normal physical storage conditions or by reason of overlong preservation are to be recorded in the accounts as having left the intervention stock on the date when the loss or deterioration was established. They also specify that a product is to be deemed to have deteriorated if it no longer meets the quality requirements applicable when it was bought in. Consequently, only such deterioration as that laid down in those provisions may be covered by the Community budget. Where a decision taken by a Member State at the time of purchase of a product is inadequate in the light of the risk analysis required by these rules, that Member State should therefore be liable if it later emerges that the product did not comply with the minimum standards. Such a decision would not make it possible to guarantee the quality of the product and, therefore, ensure its proper preservation. Consequently, the circumstances in which a Member State is to be held liable should be specified.
EN Official Journal of the European Union L 346/7

COMMISSION REGULATION (EC) No 2171/2005

of 23 December 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, 23 December 2005. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1719/2005 (OJ L 286, 28.10.2005, 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).
EN Official Journal of the European Union L 300/54

Corrigendum to Commission Regulation (EC) No 742/2006 of 17 May 2006 adapting certain fish quotas for 2006 pursuant to Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas

( Official Journal of the European Union L 130 of 18 May 2006 )

Annex I, on page 10, the first four lines of the table should read as follows:
EN Official Journal of the European Union L 255/7

Corrigendum to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector

( Official Journal of the European Union L 178 of 1 July 2006 )

On page 34, in the first paragraph of Article 39:

for:

‘If the difference between the trigger price in question referred to in Article 34 for molasses or Article 36 for sugar products and the cif import price of the consignment in question:’

read:
EN Official Journal of the European Union L 10/12

Corrigendum to Commission Regulation (EC) No 1551/2006 of 17 October 2006 imposing a provisional anti-dumping duty on imports of certain frozen strawberries originating in the People's Republic of China

( Official Journal of the European Union L 287 of 18 October 2006 )

On page 8, in recital 29:

for:

‘… exporting producer concerned whether its total domestic sales … represented at least 5 % of its total volume of export sales’,

read:

‘… exporting producers concerned whether their total domestic sales … represented at least 5 % of the total volume of their export sales’.

On page 11, in recital 50:

for:

‘… frontier price.’,

read:

‘frontier price, duty unpaid.’

On page 11, in recital 53:

for:

‘… together with other Community producers …’,

read:

‘… together with the other Community producer …’.

On page 13, in recital 63:

for:

‘… net of discounts and adjusted …’

read:

‘… net of discounts and rebates and adjusted …’
‘(c)

it was placed on the market in the Community, or in the countries acceding to the European Union on 1 January 1995, on 1 May 2004 or on 1 January 2007, by the manufacturer or importer before the entry into force of this Regulation and it was considered as having been notified in accordance with the first indent of Article 8(1) of Directive 67/548/EEC in the version of Article 8(1) resulting from the amendment effected by Directive 79/831/EEC, but it does not meet the definition of a polymer as set out in this Regulation, provided the manufacturer or importer has documentary evidence of this, including proof that the substance was placed on the market by any manufacturer or importer between 18 September 1981 and 31 October 1993 inclusive;’.
EN Official Journal of the European Union L 277/61

Corrigendum to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste

( Official Journal of the European Union L 190 of 12 July 2006 )

On page 59, Annex V, Part 1, code A4110, second indent:

for:

‘— any congenor of polychlorinated dibenzo-dioxin’,

read:

‘— any congenor of polychlorinated dibenzo-p-dioxin’;

on page 60, Annex V, Part 1, code B1080:

for:

‘B1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.3 (2)’,

read:

‘B1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics (2)’;

on page 61, Annex V, Part 1, code B1120, second indent, second column:

for:

‘Neodym’,

read:

‘Neodymium’;

on page 63, Annex V, Part 1, code B2060:

for:

‘…not containing any Annex I constituents to an extent they exhibit…’,

read:

‘…not containing any Annex I constituents to the extent that they exhibit…’;

on page 66, Annex V, Part 1, code B3060, third indent:

for:

‘— Degras: residues resulting …’,

read:

‘— Degras; residues resulting …’;

on page 66, Annex V, Part 1, code B4020:

for:

‘… e.g. water based, or glues based on casein starch, dextrin, cellulose ethers, …’,

read:

‘… e.g. water-based, or glues based on casein, starch, dextrin, cellulose ethers, …’.
EN Official Journal of the European Union L 23/19

Corrigendum to Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)

( Official Journal of the European Union L 381 of 28 December 2006 )

On page 4, recital 3, second sentence, and footnote 5:

for:

‘Council Decision 2006/000/JHA of … on the establishment, operation and use of the second generation Schengen Information System (SIS II) (1) constitutes …

,

read:

‘Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (2) constitutes …

;

on page 15, Article 27(3) and page 16, Article 31(6):

for:

‘Decision 2006/000/JHA’,

read:

‘Decision 2007/533/JHA’.
EN Official Journal of the European Union L 3/14

COMMISSION REGULATION (EC) No 13/2006

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 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 30 December 2005 to 5 January 2006, pursuant to the invitation to tender issued in Regulation (EC) No 1809/2005, the maximum reduction in the duty on maize imported shall be 22,95 EUR/t and be valid for a total maximum quantity of 325 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 291, 5.11.2005, p. 4.

(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 6/27

COMMISSION REGULATION (EC) No 29/2006

of 10 January 2006

amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to customs codes for bromochloromethane

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (1) and in particular Article 6(5) thereof;

Whereas:

(1) The ozone-depleting substance bromochloromethane (BCM) is listed as a controlled substance in Group IX of Annex I to Regulation (EC) No 2037/2000.

(2) Following the establishment of customs codes for BCM and mixtures containing BCM, those codes should be added to the table in Annex IV to Regulation (EC) No 2037/2000. In the interest of clarity the Annex should be replaced.

(3) Regulation (EC) No 2037/2000 should therefore be amended accordingly.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 2037/2000 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th 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 January 2006. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).
EN Official Journal of the European Union L 4/10

COMMISSION REGULATION (EC) No 20/2006

of 6 January 2006

amending the import duties in the cereals sector applicable from 7 January 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 (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

(1) The import duties in the cereals sector are fixed by Commission Regulation (EC) No 2159/2005 (3).

(2) Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 2159/2005,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 2159/2005 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 7 January 2006.

It shall apply from 7 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 January 2006. For the Commission J. L. DEMARTY Director-General for Agriculture and Rural Development

(1) OJ L 270, 29.9.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

(3) OJ L 342, 24.12.2005, p. 62.

ANNEX I Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 7 January 2006 CN code Description Import duty (1) (EUR/tonne) 1001 10 00 Durum wheat high quality 0,00 medium quality 0,00 low quality 0,00 1001 90 91 Common wheat seed 0,00 ex 1001 90 99 Common high quality wheat other than for sowing 0,00 1002 00 00 Rye 35,95 1005 10 90 Maize seed other than hybrid 53,35 1005 90 00 Maize other than seed (2) 53,35 1007 00 90 Grain sorghum other than hybrids for sowing 35,95 (1) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of: — EUR 3/t, where the port of unloading is on the Mediterranean Sea, or — EUR 2/t, where the port of unloading is in Ireland, the United Kingdom, Denmark, Estonia, Latvia, Lithuania, Poland, Finland, Sweden or the Atlantic coasts of the Iberian peninsula. (2) The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.
EN Official Journal of the European Union L 8/3

COMMISSION REGULATION (EC) No 39/2006

of 12 January 2006

derogating from Regulation (EC) No 1282/2001 as regards the final date for submitting harvest and production declarations for the 2005/06 wine year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 73 thereof,

Whereas:

(1) Article 11(1) of Commission Regulation (EC) No 1282/2001 (2) requires wine growers to submit harvest and production declarations no later than 10 December, with a view to knowing the volume of Community wine production in good time.

(2) In a particular Member State the procedure for notifying declarations has just been computerised. Most producers must prepare their declarations at local support centres for farmers. As these centres must also simultaneously set up the electronic case-files for these declarations and update the area declarations and single payment scheme for the first year, it will not be possible to deal with all the producers' files by the deadline.

(3) To resolve the problem, which is not the fault of the producers, and to avoid their being unjustly penalised, those producers should be granted an extension for the submission of harvest and production declarations.

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

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 11(1) of Regulation (EC) No 1282/2001, for the 2005/06 wine year the declarations referred to in Articles 2 and 4 of that Regulation may be submitted up to 25 January 2006.

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 10 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 January 2006. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(2) OJ L 176, 29.6.2001, p. 14.
EN Official Journal of the European Union L 8/35

COMMISSION REGULATION (EC) No 45/2006

of 12 January 2006

amending Regulation (EC) No 2805/95 fixing the export refunds in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular the second subparagraph of Articles 63(3) and 64(5) thereof,

Whereas:

(1) Pursuant to Article 63(1) of Regulation (EC) No 1493/1999, to the extent necessary to enable the products listed in Article 1(2)(a) and (b) of that Regulation to be exported on the basis of the prices for those products on the world market and within the limits of the Agreements concluded in accordance with Article 300 of the Treaty, the difference between those prices and the prices in the Community may be covered by an export refund.

(2) Under Article 64(3) of Regulation (EC) No 1493/1999, the amounts and destinations for refunds are to be fixed periodically taking account of the existing situation and likely trends with regard to the prices and availability of the products concerned on the Community market and the world market prices for those products.

(3) Commission Regulation (EC) No 2805/95 (2) should therefore be amended accordingly.

(4) The Management Committee for Wines has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2805/95 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 13 January 2006.

It shall apply from 16 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 January 2006. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(2) OJ L 291, 6.12.1995, p. 10. Regulation as last amended by Regulation (EC) No 1481/2005 (OJ L 237, 14.9.2005, p. 3).
EN Official Journal of the European Union L 12/5

COMMISSION REGULATION (EC) No 75/2006

of 17 January 2006

on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, lemons and apples)

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 the third subparagraph of Article 35(3) thereof,

Whereas:

(1) Commission Regulation (EC) No 2078/2005 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid.

(2) In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set.

(3) In the case of tomatoes, oranges, lemons and apples, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is not more than one-and-a-half times the indicative refund rate,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of tomatoes, oranges, lemons and apples, the maximum refund rates and the percentages for reducing the quantities awarded under the invitation to tender opened by Regulation (EC) No 2078/2005 shall be fixed in the Annex.

Article 2

This Regulation shall enter into force on 18 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 January 2006. For the Commission J. L. DEMARTY Director-General for Agriculture and Rural Development

(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 333, 20.12.2005, p. 3.