Commission Regulation (EC) No 322/2006 of  23 February 2006  amending Regulation (EC) No 1043/2005 by reason of the provisions on the hygiene of foodstuffs and for food of animal origin provided for by Regulation (EC) No 852/2004 of the European Parliament and of the Council and by Regulation (EC) No 853/2004 of the European Parliament and of the Council
Date: 2006-02-23
Institutions: European Commission
Subjects: animal protein, export refund, milk product, yoghourt

24.2.2006

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Official Journal of the European Union

L 54/3

COMMISSION REGULATION (EC) No 322/2006

of 23 February 2006

amending Regulation (EC) No 1043/2005 by reason of the provisions on the hygiene of foodstuffs
and for food of animal origin provided for by Regulation (EC) No 852/2004 of the European
Parliament and of the Council and by Regulation (EC) No 853/2004 of the European Parliament
and of the Council

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), and in particular the first subparagraph of Article
8(3) thereof,

Whereas:

(1)

(2)

and milk-based products (2)

As from 1 January 2006 Council Directive 92/46/EEC of
16 June 1992 laying down the health rules for the
production and placing on the market of raw milk,
and
heat-treated milk
Council Directive 89/437/EEC of 20 June 1989 on
hygiene and health problems affecting the production
and the placing on the market of egg products (3) are
repealed by Directive 2004/41/EC of
the European
Parliament and of the Council (4) and replaced by Regu-
lation (EC) No 852/2004 of the European Parliament and
of the Council of 29 April 2004 on the hygiene of
foodstuffs (5) and by Regulation (EC) No 853/2004 of
the European Parliament and of
the Council of 29
April 2004 laying down specific hygiene rules for food
of animal origin (6).

clarity it

reasons of

For
to adapt
accordingly the references made to Directive 92/46/EEC
and Directive 89/437/EEC in Commission Regulation
(EC) No 1043/2005 of 30 June 2005 implementing

appropriate

is

(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regu-

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2) OJ L 268, 14.9.1992, p. 1.
(3) OJ L 212, 22.7.1989, p. 87.
(4) OJ L 157, 30.4.2004, p. 33. Corrected by OJ L 195, 2.6.2004,

p. 12.

(5) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226, 25.6.2004, p. 3.
(6) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Commission Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

Council Regulation (EC) No 3448/93 as regards the
system of granting export refunds on certain agricultural
products exported in the form of goods not covered by
Annex I to the Treaty, and the criteria for fixing the
amount of such refunds (7).

(3)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex I to
the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 52 of Regulation (EC) No 1043/2005, paragraph 4 is
replaced by the following:

to

0403 90 71

0403 10 51

0405 20 10,

0405 20 30,

‘4.
For a refund to be granted on goods falling within CN
to
0403 10 99,
codes
2105 00 99,
0403 90 99,
3502 11 90 and 3502 19 90 the goods shall meet
the
relevant requirements of Regulation (EC) No 852/2004 of
the European Parliament and of the Council (*) and Regu-
lation (EC) No 853/2004 of the European Parliament and of
the Council (**), in particular the requirement of having been
prepared in an approved establishment and of complying
with the health marking requirements specified in Section
I of Annex II to Regulation (EC) No 853/2004.

___________
(*) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226,

25.6.2004, p. 3.

(**) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’.

Article 2

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

It shall apply from 1 January 2006.

(7) OJ L 172, 5.7.2005, p. 24.

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Official Journal of the European Union

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

Done at Brussels, 23 February 2006.

For the Commission

Günter VERHEUGEN
Vice-President