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***** COMMISSION REGULATION (EEC) No 2432/86 of 31 July 1986 amending Regulation (EEC) No 2041/75 on special detailed rules for the application of the system of import and export licences and advance fixing certificates for oils and fats THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1454/86 (2), and in particular Article 28 (3) thereof, Whereas Commission Regulation (EEC) No 2041/75 (3), as last amended by Regulation (EEC) No 3818/85 (4), lays down, inter alia, the period of validity of import and export licences and the amount of the relevant securities; whereas in order to take account of developments in the trade in olive oil with third countries and of the amounts of the levies and refunds applicable, the amounts of the securities should be altered and the period of validity of the export licences should be harmonized; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2041/75 is hereby amended as follows: 1. Article 6 is replaced by the following: 'Article 6 1. A licence without advance fixing of the levy shall be valid from its actual day of issue until the end of the third month following that of issue. 2. An import licence where the levy is fixed in advance shall be valid from its actual day of issue until the end of the month following that of issue. 3. An export licence shall be valid from its actual day of issue until the end of the fourth month following that of issue.' 2. Article 7 is replaced by the following: 'Article 7 1. The amounts of the securities for import licences shall be as follows: (a) for a licence without advance fixing of the levy: 2,50 ECU per 100 kilograms net; (b) for a licence where the levy is fixed in advance: 10 ECU per 100 kilograms net. 2. The amounts of the securities for export licences shall be as follows: (a) for a licence without advance fixing of the refund: 1,25 ECU per 100 kilograms net; (b) for a licence where the refund is fixed in advance: 10 ECU per 100 kilograms net.' Article 2 This Regulation shall enter into force on the third day, following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 July 1986.

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Commission Regulation (EC) No 864/2002 of 23 May 2002 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1789/2001 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), Having regard to 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), as last amended by Regulation (EC) No 602/2001(4), Having regard to Commission Regulation (EC) No 1789/2001 of 12 September 2001 on a special intervention measure for cereals in Finland and Sweden(5), and in particular Article 8 thereof, Whereas: (1) An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries was opened pursuant to Regulation (EC) No 1789/2001. (2) According to Article 8 of Regulation (EC) No 1789/2001 the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to make no award. (3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be 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 No action shall be taken on the tenders notified from 17 to 23 May 2002 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1789/2001. Article 2 This Regulation shall enter into force on 24 May 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 May 2002.

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COMMISSION REGULATION (EC) No 3345/93 of 6 December 1993 amending Regulation (EEC) No 2137/93 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 (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 56 (4) thereof, Whereas Commission Regulation (EEC) No 2137/93 (3), as amended by Regulation (EC) No 3169/93 (4), fixing the export refunds on wine for certain destinations, including east European countries, should be amended; Whereas certain disturbances on the world market and the necessity to carry out control measures necessitate a temporary suspension of export refunds on export to Bosnia-Herzegovina, Croatia, Slovenia, the former Yugoslav Republic of Macedonia, Republics of Serbia and Montenegro, Bulgaria, the Czech Republic, the Slovak Republic, Hungary and Romania; Whereas exporters of wine sector products benefiting from export refunds should be admitted a delay allowing the completion of appropriate arrangements; Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EEC) No 2137/93 is hereby replaced by the Annex hereto. No application for refunds for the countries mentioned in the Annex, note (1), point (09) (b) can be presented before 1 February 1994. Article 2 This Regulation shall enter into force on the 14th day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 December 1993.

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***** COMMISSION REGULATION (EEC) No 1968/90 of 10 July 1990 on the application of the lowest rate of export refund for certain products in the raw tobacco sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 727/70/EEC of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) No 1329/90 (2), and in particular Article 9 (5) thereof, Having regard to Council Regulation (EEC) No 326/71 of 15 February 1971 laying down general rules for granting export refunds on raw tobacco and criteria for fixing the amount of such refunds (3), as amended by Regulation (EEC) No 1977/87 (4), and in particular Article 5 (2) thereof, Whereas, to take account of present circumstances in the German Democratic Republic and their effects on the market situation, no refund has been fixed on raw tobacco exported to that country; whereas the fact that the refund is not fixed should not be taken into account for the purposes of determining the lowest rate of the refund granted; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Raw Tobacco, HAS ADOPTED THIS REGULATION: Article 1 The fact that the refund on raw tobacco exported to the German Democratic Republic is not fixed shall not be taken into account: - for the purposes of determining the lowest rate of the refund within the meaning of Article 20 of Commission Regulation (EEC) No 3665/87 (5); - for the purposes of applying Articles 4 (7) and 5 (3) of Council Regulation (EEC) No 565/80 (6). Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 2 July 1990. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 July 1990.

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COMMISSION REGULATION (EC) No 2177/2005 of 23 December 2005 fixing the Community selling prices for the fishery products listed in Annex II to Council Regulation (EC) No 104/2000 for the 2006 fishing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 25(1) and (6) thereof, Whereas: (1) A Community selling price is to be fixed for each of the products listed in Annex II to Regulation (EC) No 104/2000 before the beginning of the fishing year, at a level at least equal to 70 % and not exceeding 90 % of the guide price. (2) Council Regulation (EC) No …./… (2) fixes the guide prices for the 2006 fishing year for all the products concerned. (3) Market prices vary considerably depending on the species and how the products are presented, particularly in the case of squid and hake. (4) Conversion factors should therefore be fixed for the different species and presentations of frozen products landed in the Community in order to determine the price level that trigger the intervention measure provided for in Article 25(2) of Regulation (EC) No 104/2000. (5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION: Article 1 The Community selling prices, as referred to in Article 25(1) of Regulation (EC) No 104/2000, applicable during the 2006 fishing year for the products listed in Annex II to that Regulation and the presentations and conversion factors to which they relate are set out in the Annex to this Regulation. 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. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2005.

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***** COMMISSION DECISION of 27 October 1982 on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1982 pursuant to Council Directives 72/159/EEC, 72/160/EEC and 75/268/EEC (Only the German text is authentic) (82/764/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Directive 81/528/EEC (2), and in particular Article 18 (3) thereof, Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming in certain less-favoured areas (3), as last amended by Directive 80/666/EEC (4), and in particular Article 13 thereof, Having regard to Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purpose of structural improvement (5), and in particular Article 9 (3) thereof, Whereas the Government of the Federal Republic of Germany has notified, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the texts of the following provisions: - principles for the encouragement of investment in individual farms and settlement of rural areas, in the version of 29 April 1982, - principles for the encouragement of farms in mountain areas and in certain less-favoured areas of 29 April 1982, - principles regarding adaptation grants to assist elderly agricultural workers of 24 April 1982; Whereas the Government of the Federal Republic of Germany also communicated, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the amended texts of the following provisions adopted by the Laender, or confirmed their continued validity for 1982: SCHLESWIG-HOLSTEIN - Directives of 29 June 1978 to encourage the formation of associations for the rational use of agricultural machinery (machinery syndicates), - Directives of 17 April 1978 and 20 February 1981 to encourage farmers to employ auxiliary farm labour, - Directives of 2 April 1981 to encourage the construction of buildings for cattle and pig farming, - Directives of 20 January 1982 concerning grants to farmers for securing their existence (part I), - Directives of 19 June 1980 to encourage the draining of individual farms; LOWER SAXONY - Directives on the granting of subsidies to machinery syndicates in the version of 10 October 1979, - Directives of 1 May 1982 to encourage the pooling of labour resources by farms, - Directives on special measures relating to agricultural holdings in Lower Saxony (phased investment plan), in the version of 19 February 1977, - Directives of 24 April 1974 on measures to facilitate cessation of farming, in the version of 2 August 1976, - Directives of 8 January 1982 to encourage the restructuring of fruit production in the Niederelbe, - Directives of the year 1982 concerning loans for the horticultural settlement of Papenburg; HESSE - Directives of 8 March 1975 on the granting by the Land of subsidies to land development associations, - Directives of 21 December 1972 on the promotion of joint land development schemes, - Directives of 4 August 1979 to provide incentives enabling young persons to set themselves up in agriculture (point 2.4), - Directives of 31 March 1980 to encourage farming or maintenance of the countryside carried on as a part-time or other activity in the version of 13 February 1981; RHINELAND-PALATINATE - Order of 20 May 1981 to promote the formation of machinery syndicates and the pooling of labour resources; BADEN-WURTTEMBERG - Directives of 1 January 1977 to encourage the joint use of machinery through the formation of machinery syndicates, - Directives of 8 April 1980 on the use of land funds for the provision of local female helpers and auxiliary farm labourers, - Directives of 19 April 1974 on additional measures to encourage the construction of buildings on development farms, in the version of 29 May 1981, - Directives of 29 May 1981 on agricultural credits in the Land, - Directives of 10 May 1980 for encouraging agricultural measures designed to protect agricultural land (subsidies to sheep farms), - Directives of 28 March 1978, 11 August 1978, 29 May 1981, 7 August 1981 and 5 October 1981 relating to the programme of regional reservation and development (investments in farms), - Directives of 2 August 1974 on aid for the creation and improvement of pasture on land which otherwise could no longer be used, - Directives of 29 May 1981 on aid for the development of farms, - Directives of 20 October 1981 concerning aid inter alia for the modernization of vineyards; SAARLAND - Order of 5 June 1973 to promote cooperation between farms, - Directives of 1 September 1972 on interest-free subsidies for agriculture; BAVARIA - Order of 7 November 1976 laying down special conditions for financial assistance under Article 6 (5) of the law on the promotion of agriculture in Bavaria (machinery syndicates), - Order of 8 November 1976 laying down general conditions relating to financial assistance for central services for local female helpers and auxiliary farm labourers, - Directives of 29 March 1978 on the encouragement of village improvements, in the version of 13 August 1979, - Directives of 9 February 1982 on agricultural credits in the Land, - Directives concerning the Bavarian alpine and high-land programme of 9 July 1980; Whereas the version for 1981 of the abovementioned laws, regulations and administrative provisions were the subject of Commission Decision 82/252/EEC (1); Whereas under Article 18 (3) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 9 (3) of Directive 72/160/EEC the Commission must decide whether, having regard to the compatibility of the provisions notified with those Directives and to the objectives of the said Directives and to the need for a proper connection between the various measures, the conditions for continued financial contribution by the Community in 1981 are satisfied; Whereas the provisions notified are consistent with the objectives of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC; Whereas the EAGGF Committee has been consulted on the financial aspects; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure, HAS ADOPTED THIS DECISION: Article 1 The abovementioned provisions for the implementation of the Federal Republic of Germany in respect of the year 1982 of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC satisfy the conditions for financial contribution by the Community to common measures as referred to in Article 15 of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 6 of Directive 72/160/EEC. Article 2 This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 27 October 1982.

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COMMISSION DECISION of 1 October 1991 making an initial allocation to Denmark of part of the resources to be charged to the 1992 budget year for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community (91/529/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to the most deprived persons in the Community (1), Having regard to Commission Regulation (EEC) No 3744/87 of 14 December 1987 laying down the detailed rules for the supply of food from intervention stocks to the most deprived persons in the Community (2), as last amended by Regulation (EEC) No 583/91 (3), and in particular Article 2 (3) thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (4), as last amended by Regulation (EEC) No 2205/90 (5), and in particular Article 2 (4) thereof, Whereas on 7 August 1991, Denmark requested Commission authorization to initiate already in 1991 the action on its territory to be financed by resources chargeable to the 1992 budget and indicated the quantities of produce that it wished to distribute; whereas it is desirable to initiate the scheme now in Denmark by making an allocation to that country; whereas this allocation shall not exceed 50 % of the resources allocated by Commission decision to Denmark in respect of the plan for 1991; Whereas in order to facilitate the implementation of this scheme it is necessary to specify the rate of exchange to be employed in converting the ecu into the national currency and to do so at a rate which reflects economic reality, HAS ADOPTED THIS DECISION: Article 1 1. The allocation for Denmark of the appropriations referred to in Article 2 (3) of Regulation (EEC) No 3744/87 to be charged to the 1992 budget shall be ECU 609 500. This sum shall be converted into national currency at the rate applicable on 3 January 1991 and published in the C series of the Official Journal of the European Communities. 2. Subject to the limit set out in paragraph 1, the following quantities of produce may be withdrawn from intervention for distribution in Denmark: - 30 tonnes of butter, - 250 tonnes of beef. 3. The withdrawals referred to in paragraph 2 may be made from 1 October 1991. Article 2 This Decision is addressed to the Member States. Done at Brussels, 1 October 1991.

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COMMISSION REGULATION (EEC) No 184/93 of 29 January 1993 amending Regulation (EEC) No 1725/79 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 2071/92 (2), and in particular Article 10 (3) thereof, Whereas, pursuant to Article 4 (1) of Commission Regulation (EEC) No 1725/79 (3), as last amended by Regulation (EEC) No 3480/90 (4), the granting of aid for skimmed-milk powder processed into compound feedingstuffs is conditional upon the requirement that the latter contain not less than 50 kilograms of powder per 100 kg of the finished product; whereas the situation of the skimmed milk market makes it possible to adjust the aforementioned inclusion rate; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION: Article 1 The following paragraph is added to Article 4 of Regulation (EEC) No 1725/79: '1a. Notwithstanding paragraph 1, for compound feedingstuffs manufactured between 1 February and 31 December 1993, the minimum quantity of 50 kilograms referred to in the first subparagraph, point (a), and in the fourth subparagraph shall be reduced to 35 kilograms; in this event, the quantity of 45 kilograms referred to in the fourth subparagraph of paragraph 1 shall be reduced to 30 kilograms.' Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 January 1993.

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COMMISSION DIRECTIVE 1999/100/EC of 15 December 1999 adapting to technical progress Council Directive 80/1268/EEC relating to the carbon dioxide emissions and the fuel consumption of motor vehicles (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof, Having regard to Council Directive 80/1268/EEC of 16 December 1980 relating to the carbon dioxide emissions and the fuel consumption of motor vehicles(3), as last amended by Commission Directive 93/116/EC(4), and in particular Article 3 thereof, Whereas: (1) Directive 80/1268/EEC is one of the separate Directives of the EC type-approval procedure which was established by Directive 70/156/EEC. Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive. (2) In Directive 98/69/EC of the European Parliament and Council of 13 October 1998 relating to measures to be taken against air pollution from motor vehicles and amending Council Directive 70/220/EEC(5), the type I test cycle for emission measurement was amended by abolishing the initial 40 seconds of engine idle time. It is necessary to align the test cycle for the measurement of CO2 emissions and fuel consumption in Directive 80/1268/EEC accordingly. (3) With a view to the monitoring of CO2 emissions in the framework of the Community strategy to reduce CO2 emissions of passenger cars, it is appropriate to introduce into Directive 80/1268/EEC new technical requirements regarding the measurement of CO2 emissions and fuel consumption for the EC type-approval of gas-fuelled vehicles (LPG and NG). In this respect, it is appropriate to follow the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 101(6). (4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Annexes I and II to Directive 80/1268/EEC are hereby amended in accordance with the Annex to this Directive. Article 2 1. With effect from 1 January 2000, Member States may not, on grounds relating to the emission of carbon dioxide or to fuel consumption: - refuse, in respect of any given type of motor vehicle, to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or - refuse to grant national type-approval, or - prohibit the registration, sale or entry into service of vehicles pursuant to Article 7 of Directive 70/156/EEC if the emission and consumption figures have been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive. 2. With effect from 1 January 2000, for vehicles in category M1 as defined in Annex II, Section A, to Directive 70/156/EEC, except vehicles of which the maximum mass exceeds 2500 kg, and with effect from 1 January 2001 for vehicles in category M1 the maximum mass of which exceeds 2500 kg, Member States: - shall no longer grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and - shall refuse to grant national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for a type of vehicle if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive. 3. With effect from 1 January 2001, for vehicles in category M1 as defined in Annex II, Section A, to Directive 70/156/EEC, except vehicles of which the maximum mass exceeds 2500 kg, and with effect from 1 January 2002 for vehicles in category M1 the maximum mass of which exceeds 2500 kg, Member States: - shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and - shall refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive. Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999. They shall forthwith inform the Commissin thereof. When Member States adopt those provisions, they shall contain a reference to this Diective or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 4 This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 5 This Directive is addressed to the Member States. Done at Brussels, 15 December 1999.

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Council Decision of 10 November 2003 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Banque centrale du Luxembourg (2003/799/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community and in particular to Article 27(1) thereof, Having regard to Recommendation ECB/2003/11 of the European Central Bank of 3 October 2003 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg(1), Whereas: (1) The accounts of the European Central Bank (ECB) and of the national central banks are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union. (2) The mandate of the current external auditors of the Banque centrale du Luxembourg will expire at the end of 2003. (3) The Governing Council of the ECB recommended the Council to approve the appointment, starting from the financial year 2004, for a renewable period of one year, of new external auditors of the Banque centrale du Luxembourg, which were selected by it in accordance with its public procurement rules. (4) It is appropriate to follow the recommendation of the Governing Council of the ECB, HAS DECIDED AS FOLLOWS: Article 1 Article 1(7) of Decision 1999/70/EC(2) shall be replaced by the following: "7. Deloitte & Touche Luxembourg are hereby approved as the external auditors of the Banque centrale du Luxembourg as from the financial year 2004, for a renewable period of one year." Article 2 This Decision shall be notified to the ECB. Article 3 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 10 November 2003.

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COUNCIL REGULATION (EC) No 243/2008 of 17 March 2008 imposing certain restrictive measures on the illegal authorities of the island of Anjouan in the Union of the Comoros THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof, Having regard to Common Position 2008/187/CFSP of 3 March 2008 concerning restrictive measures against the illegal authorities of the island of Anjouan in the Union of the Comoros (1), Having regard to the proposal from the Commission, Whereas: (1) On 25 October 2007, by letter addressed to the Secretary General/High Representative, the President of the African Union Commission asked for the support of the European Union and its Member States in the enforcement of the sanctions that the Peace and Security Council of the African Union had decided to impose on the illegal authorities of Anjouan and certain associated persons. (2) Common Position 2008/187/CFSP provides for restrictive measures to be imposed on the illegal authorities of Anjouan and certain associated persons. Those measures include freezing funds and economic resources belonging to the persons concerned. (3) The said measures fall within the scope of the Treaty establishing the European Community. Accordingly, with a view to ensuring their uniform application by economic operators in all Member States, a Community act is necessary to implement them as far as the Community is concerned, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘funds’ means financial assets and economic benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; (vii) documents evidencing an interest in funds or financial resources; (b) ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; (c) ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services; (d) ‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; (e) ‘territory of the Community’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty. Article 2 1. All funds and economic resources belonging to, owned, held or controlled by the natural and legal persons, entities and bodies listed in Annex I shall be frozen. 2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I. 3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited. 4. The prohibition set out in paragraph 2 shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and could not reasonably have known, that their actions would infringe this prohibition. Article 3 1. Article 2(2) shall not apply to the addition to frozen accounts of: (a) interest or other remuneration on those accounts; (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Regulation, provided that any such interest, remuneration or payments continue to be subject to Article 2(1). 2. Article 2(2) shall not prevent financial or credit institutions in the Community from crediting frozen accounts where they receive funds transferred by third parties to the account of a natural or legal person, entity or body listed in Annex I, provided that any additions to such accounts are also frozen. The financial or credit institution shall inform the competent authorities of such transactions without delay. Article 4 1. The competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as they deem appropriate, provided that the funds or economic resources concerned are: (a) necessary to satisfy the basic needs of persons listed in Annex I and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; (b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; (d) necessary for extraordinary expenses, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted at least two weeks before the authorisation. 2. Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1. Article 5 The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence. Article 6 1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall: (a) supply immediately the competent authorities indicated in the websites listed in Annex II of the Member States where they are resident or located with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, and shall forward such information, directly or through the Member States, to the Commission; (b) cooperate with the competent authorities indicated in the websites listed in Annex II in any verification of this information. 2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. Article 7 The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violations and enforcement problems and judgments handed down by national courts. Article 8 1. The Commission shall be empowered to: (a) amend Annex I on the basis of decisions taken in respect of the Annex to Common Position 2008/187/CFSP; (b) amend Annex II on the basis of information supplied by Member States. 2. A notice shall be published regarding the procedures for submitting information in relation to Annex I (2). Article 9 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive. 2. Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment. Article 10 1. Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites listed in Annex II. 2. Member States shall notify the Commission of their competent authorities once this Regulation enters into force and shall notify it of any subsequent changes. Article 11 This Regulation shall apply: (a) within the territory of the Community, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Community who is a national of a Member State; (d) to any legal person, entity or body which is incorporated or constituted under the law of a Member State; (e) to any legal person, entity or body in respect of any business done in whole or in part within the territory of the Community. Article 12 This Regulation shall enter into force on the day 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, 17 March 2008.

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***** COMMISSION REGULATION (EEC) No 189/83 of 26 January 1983 amending Regulation (EEC) No 2042/75 as regards the period of validity of export licences for cereal-based feedingstuffs issued pursuant to invitations to tender opened in non-member countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1451/82 (2), and in particular Article 12 (2) thereof, Whereas Article 9d (2) of Commission Regulation (EEC) No 2042/75 of 25 July 1975 on special detailed rules for the application of the system of import and export licences for cereals and rice (3), as last amended by Regulation (EEC) No 3480/80 (4), specifies the date from which the period of validity of the export licences for cereal-based compound feedingstuffs is calculated; whereas the said provision has given rise to some pursuant concerning the date on which the period of validity should begin where certificates are issued pursuant to invitations to tender opened in non-member countries; whereas, to dispel such uncertainty, the abovementioned Regulation should be amended to indicate that the date on which the application is lodged constitutes a precise and definite reference point for calculating the period of validity of the said licences; Whereas 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 Regulation (EEC) No 2042/75 is hereby amended as follows: 1. Article 9d (2) is replaced by the following: '2. The period of validity of export licences issued in accordance with paragraph 1 shall be calculated as from their actual day of issue, except in the case referred to in Article 10 (2).' 2. Article 10 is amended as follows: (a) the present text becomes paragraph 1; (b) the following paragraph 2 is added: '2. In the case of exports effected on the basis of an invitation to tender opened in an importing non-member country, export licences for products subject to the provisions of Article 9d (1) shall be valid from the time when they were issued, within the meaning of Article 21 (1) of Regulation (EEC) No 3183/80.' Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 January 1983.

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COMMISSION DIRECTIVE of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (79/700/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), and in particular Article 6 thereof, Whereas that Directive requires that the official checks provided for therein to ensure compliance with maximum levels for pesticide residues in and on fruit and vegetables shall be carried out according to Community methods of sampling and of qualitative and quantitative analysis; Whereas, as a first stage, methods of sampling should be laid down; Whereas, in formulating these methods, it has been recognized that on account of the variation in size, state and packaging (if any) of fruit and vegetables which are in circulation, the methods will only be practicable if certain operations are sufficiently empirical; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 The Member States shall require that sampling for the checks provided for in Article 6 of Directive 76/895/EEC be carried out in accordance with the methods described in the Annex hereto. Article 2 The Member States shall, not later than 31 December 1980, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith notify the Commission thereof. Article 3 This Directive is addressed to the Member States. Done at Brussels, 24 July 1979.

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COMMISSION REGULATION (EC) No 2162/2005 of 23 December 2005 determining the world market price for unginned cotton THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1), Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof, Whereas: (1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined. (2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001. (3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter, HAS ADOPTED THIS REGULATION: Article 1 The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 22,051 EUR/100 kg. 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.

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COUNCIL DECISION of 18 October 1993 appointing a member of the Economic and Social Committee (93/541/Euratom, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof, Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof, Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1), Whereas a seat has become vacant on the Economic and Social Committee following the election of Mr Robert Delorozoy as a Member of the European Parliament, notified to the Council on 4 May 1993, Having regard to the nominations submitted by the French Government on 13 July 1993, Having obtained the opinion of the Commission of the European Communities, HAS DECIDED AS FOLLOWS: Sole Article Mr Roger Seguy is hereby appointed member of the Economic and Social Committee in place of Mr Robert Delorozoy for the remainder of the latter's term of office, which runs until 20 September 1994. Done at Luxembourg, 18 October 1993.

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Commission Regulation (EC) No 229/2004 of 10 February 2004 derogating from Regulation (EC) No 565/2002 as regards the dates for lodging the licence applications for imports of garlic for the first quarter of the period 2004 to 2005 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 31(2) thereof, Whereas: (1) Importers from the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as "the new Member States") should benefit from the provisions contained in Commission Regulation (EC) No 565/2002 of 2 April 2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries(2). (2) To ensure the correct use of quotas and allow traditional importers from the new Member States to be in a position to apply for sufficient quantities during the first quarter of the import period 2004 to 2005, provisions should be made as regards the dates for lodging the applications. (3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 By way of derogation from Article 5(2) of Regulation (EC) No 565/2002, importers shall submit their applications for import licences for the first quarter of the import period 2004 to 2005 to the national competent authorities from 3 May 2004 till the last Friday of August 2004, both inclusive. Article 2 This Regulation shall enter into force on the third 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, 10 February 2004.

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COMMISSION REGULATION (EC) No 118/2009 of 9 February 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1), Having regard 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 (2), and in particular Article 36(2), second subparagraph, second sentence thereof, Whereas: (1) The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 100/2009 (4). (2) The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, HAS ADOPTED THIS REGULATION: Article 1 The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto. Article 2 This Regulation shall enter into force on 10 February 2009. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 9 February 2009.

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COMMISSION REGULATION (EEC) No 2815/93 of 13 October 1993 concerning the stopping of fishing for European plaice by vessels flying the flag of Germany THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2241/87 of 23 July 1987, establishing certain control measures for fishing activities (1), as amended by Regulation (EEC) No 3483/88 (2), and in particular Article 11 (3) thereof, Whereas Council Regulation (EEC) No 3919/92 of 20 December 1992, fixing, for certain fish stocks and groups of stocks, the total allowable catches for 1993 and certain conditions under which they may be fished (3), as amended by Regulation (EEC) No 927/93 (4), provides for European plaice quotas for 1993; Whereas, in order to ensure compliance with the provisions relating to the quantitiative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated; Whereas, according to the information communicated to the Commission, catches of European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany have reached the quota allocated for 1993; whereas Germany has prohibited fishing for this stock as from 10 October 1993; whereas it is necessary to abide by that date, HAS ADOPTED THIS REGULATION: Article 1 Catches of European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany or registered in Germany are deemed to have exhausted the quota allocated to Germany for 1993. Fishing for European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany or registered in Germany is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of 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 Communities. It shall apply with effect from 10 October 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 October 1993.

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***** COMMISSION REGULATION (EEC) No 3963/87 of 23 December 1987 extending the Community surveillance of imports of certain products originating in Japan THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports (1), amended by Regulation (EEC) No 1243/86 (2), and in particular Article 10 (1) thereof, After consultation within the Committee provided by the abovementioned Regulation, Whereas Commission Regulation (EEC) No 653/83 (3), as last amended by Regulation (EEC) No 4088/86 (4), introduced until 31 December 1987 Community retrospective surveillance of imports of certain products originating in Japan; Whereas it is necessary to continue in 1988 retrospective surveillance of the imports of the abovementioned products, originating in Japan; Whereas the reasons which were the basis for Regulation (EEC) No 653/83 are essentially still valid and consequently the surveillance arrangements for the products listed in the Annex hereto should be extended, HAS ADOPTED THIS REGULATION: Article 1 In the last sentence of Article 5 of Regulation (EEC) No 653/83, '31 December 1983' is hereby replaced by '31 December 1988'. Article 2 The list of NIMEXE codes named in the Annex to Regulation (EEC) No 653/83 is revised in accordance with the table in the Annex hereto. Article 3 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. It is applicable from 1 January 1988. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 1987.

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COMMISSION DECISION of 25 February 2000 amending Decision 94/652/EC establishing the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food (notified under document number C(2000) 498) (Text with EEA relevance) (2000/198/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food(1), and in particular Article 3 thereof, Whereas: (1) Commission Decision 94/458/EC(2) has laid down rules on the administrative management of cooperation in the scientific examination of questions relating to food. (2) Commission Decision 94/652/EC(3) has established the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food. Whereas Article 3 of Directive 93/5/EEC provides for the updating at least every six months of the inventory and distribution of tasks. (3) The inventory of tasks should be established and updated having regard to the need for the protection of public health within the Community and the requirements of Community legislation in the foodstuffs sector. (4) The tasks should be distributed having regard to the scientific expertise and resources available within the Member States and in particular, within the institutes which will be participating in the scientific cooperation. (5) The measures provided for by this Decision are in accordance with the opinion of the Standing Committee on Food, HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision 94/652/EC establishing the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food is hereby replaced by the Annex to this Decision. Article 2 This Decision is addressed to the Member States. Done at Brussels, 25 February 2000.

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DECISION OF THE EUROPEAN CENTRAL BANK of 18 December 2006 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks (ECB/2006/26) (2007/47/EC) THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK, Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 48 thereof, Whereas: (1) Decision ECB/2004/10 of 23 April 2004 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks (1), determined the percentage of the subscription to the European Central Bank's (ECB's) capital which the national central banks (NCBs) of the Member States that would not have adopted the euro on 1 May 2004 were under an obligation to pay up on 1 May 2004 as a contribution to the ECB's operational costs. (2) In view of the accession of Bulgaria and Romania to the European Union and their respective NCBs joining the European System of Central Banks (ESCB) on 1 January 2007, Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank's capital (2) establishes with effect from 1 January 2007 the new weightings assigned to each NCB that will be a member of the ESCB on 1 January 2007 in the key for subscription to the ECB's expanded capital (hereinafter the capital key weightings and the capital key respectively). (3) The ECB's subscribed capital will be EUR 5 760 652 402,58 with effect from 1 January 2007. (4) The expanded capital key requires the adoption of a new ECB decision repealing Decision ECB/2004/10 with effect from 1 January 2007 and determining the percentage of the ECB's subscribed capital which the NCBs of the Member States that will not have adopted the euro by 1 January 2007 (hereinafter the non-participating NCBs) are under an obligation to pay up with effect from 1 January 2007. (5) In view of Articles 3.5 and 6.6 of the Rules of Procedure of the General Council of the European Central Bank, the Governors of the Bulgarian National Bank and Banca Naţională a României have had the opportunity to submit observations regarding this Decision prior to its adoption, HAS DECIDED AS FOLLOWS: Article 1 Extent and form of paid-up capital Each non-participating NCB shall pay up 7 % of its subscription to the ECB's capital with effect from 1 January 2007. Taking into account the capital key weightings described in Article 2 of Decision ECB/2006/21, each non-participating NCB shall pay up with effect from 1 January 2007 the amount shown next to its name in the following table: Non-participating NCB (EUR) Bulgarian National Bank 3 561 868,99 Česká národní banka 5 597 049,87 Danmarks Nationalbank 6 104 332,92 Eesti Pank 686 727,37 Central Bank of Cyprus 503 653,84 Latvijas Banka 1 134 330,06 Lietuvos bankas 1 684 760,40 Magyar Nemzeti Bank 5 299 051,33 Central Bank of Malta 250 818,81 Narodowy Bank Polski 19 657 419,83 Banca Naţională a României 10 156 951,89 Národná banka Slovenska 2 727 956,95 Sveriges Riksbank 9 400 866,26 Bank of England 56 187 041,67 Article 2 Adjustment of the paid-up capital 1. Given that each non-participating NCB, with the exception of the Bulgarian National Bank and Banca Naţională a României, has already paid up 7 % of its share in the ECB's subscribed capital as applicable until 31 December 2006 under Decision ECB/2004/10, each of them, with the exception of the Bulgarian National Bank and Banca Naţională a României, shall either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1. 2. The Bulgarian National Bank and Banca Naţională a României shall transfer to the ECB the amount shown next to their names in the table in Article 1. 3. All transfers pursuant to this Article shall be made in accordance with Decision ECB/2006/23 of 15 December 2006 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and for the adjustment of the paid-up capital (3). Article 3 Final provisions 1. This Decision shall enter into force on 1 January 2007. 2. Decision ECB/2004/10 is hereby repealed with effect from 1 January 2007. 3. References to Decision ECB/2004/10 shall be construed as references to this Decision. Done at Frankfurt am Main, 18 December 2006.

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COMMISSION REGULATION (EEC) No 249/93 of 4 February 1993 amending Regulation (EEC) No 2118/74 laying down detailed rules for the application of the system of reference prices for fruit and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1754/92 (2), and in particular Article 27 (1) thereof, Whereas Article 4 of Commission Regulation (EEC) No 2118/74 (3), as last amended by Regulation (EEC) No 3811/85 (4), establishes a list of representative import markets on which, for the purpose of calculating the entry price, the prices of products imported into the Community must be recorded; Whereas, since the integration of the new German Laender, the Berlin market has become an important import market for fruit and vegetables; whereas Berlin should therefore be inserted in the list of representative import markets; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 In Article 4 of Regulation (EEC) No 2118/74, the entry 'Berlin` is added against the entry 'Federal Republic of Germany`. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 February 1993.

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COMMISSION REGULATION (EC) No 1463/2004 of 17 August 2004 concerning the authorisation for 10 years of the additive ‘Sacox 120 microGranulate’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), and in particular Article 9g(5)(b) thereof, Whereas: (1) In accordance with Directive 70/524/EEC, coccidiostats included in Annex I to that Directive before 1 January 1988 were provisionally authorised as from 1 April 1998 and transferred to Chapter I of Annex B with a view to their re-evaluation as additives linked to a person responsible for putting them into circulation. The salinomycin sodium product, Sacox 120 microGranulate, is an additive belonging to the group ‘Coccidiostats and other medicinal substances’ listed in Chapter I of Annex B to Directive 70/524/EEC. (2) The person responsible for putting Sacox 120 microGranulate into circulation submitted an application for authorisation and a dossier, according to Article 9g(2) and (4) of that Directive. (3) Article 9g(6) of Directive 70/524/EEC allows the automatic extension of the period of authorisation of the additives concerned until the Commission takes a decision in cases where, for reasons beyond the control of the authorisation holder, no decision may be taken on the application before the expiry date of the authorisation. This provision is applicable to the authorisation of Sacox 120 microGranulate. The Commission requested a full risk evaluation from the Scientific Committee for Animal Nutrition on 26 April 2001 and this request was consequently transferred to the European Food Safety Authority. Several requests for additional information were made during the re-evaluation process making it impossible to complete the re-evaluation within the time limit required by Article 9g. (4) The Scientific Panel on Additives and Products or Substances used in Animal Feed attached to the European Food Safety Authority has delivered a favourable opinion with regard to the safety and to the efficacy of Sacox 120 microGranulate for chickens for fattening. (5) The re-evaluation of Sacox 120 microGranulate carried out by the Commission showed that the relevant conditions laid down in Directive 70/524/EEC are satisfied. Sacox 120 microGranulate should therefore be authorised for 10 years as an additive linked to the person responsible for putting it into circulation and included in Chapter I of the list referred to Article 9t(b) of that Directive. (6) As the authorisation for the additive is now linked to a person responsible for putting it into circulation, and replaces the previous authorisation which was not linked to any specific person, it is appropriate to delete the latter authorisation. (7) Since there are no safety reasons for withdrawing the product salinomycin sodium from the market immediately, it is appropriate to allow a transitional period of six months for the disposal of existing stocks of the additive. (8) 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 Chapter I of Annex B to Directive 70/524/EEC is amended as follows: The additive salinomycin sodium, belonging to the group ‘Coccidiostats and other medical substances’, is deleted. Article 2 The additive Sacox 120 microGranulate belonging to the group ‘Coccidiostats and other medical substances’ as set out in the Annex to the present Regulation is authorised for use in animal nutrition under the conditions laid down in that Annex. Article 3 A period of six months from the date of entry into force of this Regulation is permitted to use up the existing stocks of salinomycin sodium. Article 4 This Regulation shall enter into force on the third 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, 17 August 2004.

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COUNCIL REGULATION (EC) No 1419/2007 of 29 November 2007 terminating the partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China 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 Articles 9 and 11(3) thereof, Having regard to the proposal from the Commission, after consulting the Advisory Committee, Whereas: A. PROCEDURE (1) By Regulation (EC) No 1470/2001 (2), the Council imposed definitive anti-dumping duties ranging from 0 to 66,1 % on imports of integrated electronic fluorescent lamps (CFL-i) originating in the People's Republic of China (PRC) following an investigation. Prior to that, the Commission had imposed provisional anti-dumping duties by Regulation (EC) No 255/2001 (3). (2) By Regulation (EC) No 866/2005 (4), the Council extended the anti-dumping measures to also cover imports of CFL-i consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan or the Republic of the Philippines whether declared as originating in the Socialist Republic of Vietnam, the Islamic Republic of Pakistan or the Republic of the Philippines or not. The extension followed an anti-circumvention investigation carried out pursuant to Article 13 of the basic Regulation. (3) By Regulation (EC) No 1322/2006 (5), the Council amended the anti-dumping measures in force. The amendment was made following an interim review carried out with regard to the product scope. The result of the investigation and the effect of the amending Regulation was that direct current voltage lamps (DC-CFL-i) should be excluded from the scope of the measures. The anti-dumping measures would accordingly only cover alternating current voltage lamps (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current) (AC-CFL-i). (4) By Regulation (EC) No 1205/2007 (6) the Council prolonged the anti-dumping measures in force. The prolongation was made following an expiry review carried out pursuant to Article 11(2) of the Basic Regulation. (5) The initiation of the investigation followed a request for a review pursuant to Article 11(3) of the basic Regulation. The request was lodged by the Community Federation of Lighting Industry of Compact Fluorescent Lamps Integrated (2CFLI) (the applicant). (6) Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission, on 8 September 2006, initiated an investigation (7) pursuant to Article 11(3) of the basic Regulation. The scope of the interim review is limited to the level of dumping as far as one exporting producer, Lisheng Electronic & Lighting (Xiamen), is concerned. (7) The Commission officially advised the applicant and the exporting producer in the PRC, as well as the representatives of the government of the exporting country, of the initiation of the review. (8) Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. (9) In order to obtain the information deemed necessary for its investigation, the Commission sent questionnaires to the exporting producer concerned. The exporting producer cooperated by replying to the questionnaires and verification visits were subsequently carried out at the premises of the exporting producer as well as to other parties related to this exporting producer, namely: - Lisheng Electronic & Lighting (Xiamen) Co., Ltd. Related company in the PRC - Megaman Electrical & Lighting Ltd (Xiamen). Related companies in Hong Kong - Neonlite Electronic & Lighting Ltd (HK), - Electric Light Systems Ltd (HK). Related importer in the Community - IDV, Import und Direkt-Vertriebs-Ges.mbH, Germany. (10) The investigation period as concerns the level of dumping for the interim review of the one exporting producer, Lisheng Electronic & Lighting (Xiamen) Co. Ltd., covered the period from 1 July 2005 to 30 June 2006. B. PRODUCT CONCERNED AND LIKE PRODUCT (11) The product concerned is the same as determined in the amending Regulation, i.e. electronic compact fluorescent discharge lamps functioning on alternating current (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current), with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot, or integrated in the lamp foot originating in the People's Republic of China (the product concerned), currently classifiable within CN code ex 8539 31 90. (12) As in the original investigation, it was found that CFL-i manufactured and sold domestically in the PRC, and CFL-i exported from the PRC has the same basic physical and technical characteristics and uses. Therefore and as concluded in the prolongation Regulation, these products are alike within the meaning of Article 1(4) of the basic Regulation. C. DUMPING (13) Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value is to be determined in accordance with paragraphs 1 to 6 of the said Article for those exporting producers which can show that they meet the criteria laid down in Article 2(7)(c) of that Regulation, i.e. that market economy conditions prevail in respect of the manufacture and sale of the like product. (14) While the Chinese exporting producer was granted Market economy treatment in the original investigation, an assessment had to be made in the interim review as to whether the relevant criteria for fulfilment of MET were still in place. A MET claims form pursuant to Article 2(7)(b) of the basic Regulation was consequently sent and completed by the Chinese Exporting producer, and its related company Megaman Electrical & Lighting Ltd. (Xiamen). (15) Briefly, and for ease of reference only, the criteria for MET are set out in summarised form below: 1. business decisions and costs are made in response to market signals, and without significant State interference; 2. firms have one clear set of accounting records which are independently audited in line with international accounting standards (IAS) and are applied for all purposes; 3. there are no significant distortions carried over from former non-market-economy system; 4. legal certainty and stability is provided by bankruptcy and property laws; 5. currency exchanges are carried out at market rate. (16) As stated before, the Commission sought and verified at the premises of the exporting producer and its related company Megaman Electrical & Lighting Ltd., all information submitted in the MET applications and deemed necessary. The investigation revealed that the Chinese exporting producer fulfilled all of the conditions for granting MET. (17) In order to establish normal value, it was first verified whether the total domestic sales of the exporting producer were representative in accordance with Article 2(2) of the Basic Regulation, i.e. that they accounted for 5 % or more of the total sales volume of the product concerned exported to the Community. (18) In view of the above requirements, the investigation revealed that domestic sales of the exporting producer could not be considered representative and the normal value therefore had to be constructed in accordance with Article 2(3) of the basic Regulation, thus calculated based on the cost of production in the exporting country plus a reasonable amount for selling, general and administrative costs and profits. (19) The normal value was accordingly established based on the exporting producer's own data for the cost of manufacturing (COM) for production destined for domestic consumption. (20) Conversely, the amount for selling general and administrative expenses (SGA) and profits could not be established in accordance with the chapeau of Article 2(6) of the Basic Regulation on actual data pertaining to production and sales in the ordinary course of trade of the product concerned. (21) It was examined whether SGA and profit could be established in accordance with Article 2(6)(a) and (b). However, since no other exporter were investigated in this review the methodology in Article 2(6)(a) namely the weighted average of the actual amounts of other exporters could not be used. Similarly, the methodology in Article 2(6)(b) was not appropriate since there were no sales in the domestic market of products belonging to the same category. (22) Consequently, the Commission calculated a weighted average using the SGA expenses and profit rates from two cooperating exporting producers in the analogue country used in the expiry review pursuant to Article 11(2) of the basic Regulation and that had domestic sales in the ordinary course of trade. The SGA expenses and profit average rates found in these cooperating South Korean exporting producers were added to the cost of manufacturing incurred by the exporting producer in question with regard to the exported types as stipulated by Article 2(3) of the basic Regulation. (23) The exporting producer made export sales to the Community both directly to independent customers and via related importers in a third country and the Community. In all cases where the product concerned was exported to independent customers in the Community, the export price was established in accordance with Article 2(8) of the basic Regulation, namely on the basis of export prices actually paid or payable. (24) In cases where sales were made via a related importer or trader, the export price was constructed on the basis of the resale prices of that related importer to independent customers. Adjustments were made for all costs incurred between importation and resale including sales, general and administrative expenses, and a reasonable profit margin, in accordance with Article 2(9) of the basic Regulation. The appropriate profit margin was established on the basis of information provided by unrelated cooperating traders/importers operating on the Community market. (25) For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. For the investigated exporting producer, allowances for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, warranty and guarantee costs and commissions have been granted where applicable and justified. (26) With regard to the credit cost allowance, the exporting producer claims that the deposit rate instead of the credit rate should be used on the grounds that, the company having sufficient liquidity, its credit costs are limited to the interest earnings not perceived on its bank deposit account. (27) Following the practice consistently applied by the Community institutions, it was not found appropriate to base the calculation of the credit cost allowance on the deposit rate on the grounds that these constitute opportunity costs as compared to actual costs. (28) In this context it is noted that the interest customers would have to pay in case of payment delays suggest that the company determined such interests on the basis of credit rates rather than deposit rates. (29) As provided by Article 2(11) and (12) of the basic Regulation, the weighted average normal values of each type of the product concerned exported to the Community were compared to the weighted average export price of each corresponding type of the product concerned. This comparison showed the existence of a dumping margin below de minimis for the exporting producer that exported to the Community in the RIP. D. CONCLUSION (30) On this basis, it was concluded that, the circumstances with regard to dumping on the basis on which measures were established for the company in the original investigation has not changed. The partial interim review pursuant to Article 11(3) of the basic Regulation should therefore be terminated. E. TERMINATION OF THE REVIEW (31) Based on the above considerations, the partial interim review concerning Lisheng Electronic & Lighting (Xiamen) Co., Ltd should be terminated without any amendment to Regulation (EC) No 1205/2007. (32) Interested parties were informed of the essential facts and considerations on which basis the Commission proposed to terminate this proceeding. Views made known were then examined but were not such as alter the above conclusions, HAS ADOPTED THIS REGULATION: Article 1 The partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent discharge lamps manufactured by Lisheng Electronic & Lighting (Xiamen) Co., Ltd and originating in the People's Republic of China, initiated pursuant to Article 11(3) of Regulation (EC) No 384/96, is hereby terminated without any amendment to Regulation (EC) No 1205/2007. Article 2 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, 29 November 2007.

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COMMISSION DIRECTIVE 2008/89/EC of 24 September 2008 amending, for the purposes of its adaptation to technical progress, Council Directive 76/756/EEC concerning the installation of lighting and light-signalling devices on motor vehicles and their trailers (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (1), and in particular Article 39(2) thereof, Whereas: (1) Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (2) is one of the separate Directives in the context of the EC type approval procedure established under Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (3). The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 76/756/EEC. (2) In order to increase road safety by improving the conspicuity of motor vehicles the obligation for fitting dedicated daytime running lights on these vehicles should be introduced into Directive 76/756/EEC. (3) New technologies like the Adaptive Front Lighting System (AFS) and the Emergency Stop Signal (ESS) are expected to have a positive influence on road safety. Directive 76/756/EEC should therefore be amended in order to allow the fitting of these devices. (4) In order to take into account further amendments to UN/ECE Regulation No 48 (4) on which the Community has already voted, it is appropriate to adapt Directive 76/756/EEC to technical progress by aligning it to the technical requirements of this UN/ECE Regulation. In the interest of clarity Annex II to Directive 76/756/EEC should be amended. (5) Directive 76/756/EEC should therefore be amended accordingly. (6) The measures provided for in this Directive are in accordance with the opinion of the Technical Committee - Motor Vehicles, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex II, paragraph 1 to Directive 76/756/EEC is amended as follows: ‘1. The technical requirements shall be those set out in paragraphs 2, 5 and 6 of UN/ECE Regulation No 48 (5) and Annexes 3 to 11 thereto. Article 2 With effect from 7 February 2011 for vehicles of categories M1 and N1 and from 7 August 2012 for vehicles of other categories, if the requirements laid down in Directive 76/756/EEC, as amended by this Directive, are not complied with, Member States, on grounds related to the installation of lighting and light-signalling devices, shall refuse to grant EC type approval or national type approval for new types of vehicles. Article 3 1. Member States shall adopt and publish, by 15 October 2009, at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from 16 October 2009. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 4 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Article 5 This Directive is addressed to the Member States. Done at Brussels, 24 September 2008.

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DECISION No 171 of 9 December 1998 amending Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72 (1999/370/EC) THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS, Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations, Having regard to Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72, Having regard to Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro, Having regard to Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, Having regard to Decision No 135, Whereas the amounts referred to in Decision No 135, which are expressed in national currencies prior to the introduction of the euro, should be converted into euro; Whereas the principal aim of Decision No 135 is to fix an identical threshold amount for all Member States, expressed in euro, which shall apply to all Member States, including those not participating in the euro, HAS DECIDED AS FOLLOWS: 1. Paragraph 2(2) of Decision No 135 of 1 July 1987 shall be replaced by the following: "2.2. the expected or actual cost of that benefit exceeds the flat-rate amount of EUR 500." 2. This Decision shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1999. The Chairman of the Administrative Commission Helmut SIEDL

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DECISION No 1926/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 153 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) The Community can contribute to protecting the health, safety and economic and legal interests of citizens through actions in the field of consumer protection. (2) It is therefore appropriate to establish a programme of Community action in the field of consumer policy, replacing Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (4). That Decision should therefore be repealed. (3) Integrating consumer interests in all Community policies, in accordance with Article 153 of the Treaty, should be given high priority, together with the consumer policy objectives set out in this programme. Coordination with other Community policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies. In order to promote synergies and avoid duplication, other Community funds and programmes should provide for financial support for the integration of consumer interests in their respective fields. (4) This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure. (5) It is of general European interest that the health and safety aspects of services and non-food products and the economic and legal interests of citizens, as well as consumers' interests in the development of standards for products and services, be represented at Community level. Given the particular nature of the organisations concerned, the renewal of Community support for the functioning of such organisations should not be subject to the principle of gradual decrease of the extent of Community support. (6) It is appropriate to ensure a transition between this programme and the programme it replaces, in particular regarding the continuation of multi-annual measures and the evaluation of the previous programme's successes and areas that need more attention. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not completed by the end of 2013. (7) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). (8) Implementation of the programme should take into account the fact that the internal market will not function properly if consumers are less well protected in some Member States than in others. The programme should therefore focus especially on consumer protection and consumer awareness in the Member States which have acceded on or after 1 May 2004, in order to ensure a level playing field for all Member States. (9) The Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’) provides for cooperation in the field of consumer protection between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as ‘the EFTA/EEA countries’), on the other. Provision should also be made to open the programme to participation by other countries, in particular the neighbouring countries of the European Union and countries which are applying for, are candidates for, or are acceding to, membership of the European Union. (10) In the context of the implementation of the programme, cooperation with third countries not participating in the programme should be encouraged, taking into account any relevant agreements between those countries and the Community. (11) The value and impact of the measures taken under the programme should be regularly monitored and evaluated, including by independent external evaluators. For the purposes of evaluating consumer policy, measurable objectives should be formulated and indicators developed. (12) Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, and can therefore by reason of the greater potential of Community action efficiently and effectively to protect the health, safety and economic and legal interests of citizens be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives, HAVE DECIDED AS FOLLOWS: Article 1 Establishment of the programme A programme of Community action in the field of consumer policy covering the period from 31 December 2006 to 31 December 2013, hereinafter referred to as ‘the Programme’, is hereby established. Article 2 Aim and objectives 1. The aim of the Programme shall be to complement, support and monitor the policies of the Member States and to contribute to protecting the health, safety and economic and legal interests of consumers, as well as to promoting their rights to information, to education and to organise themselves in order to safeguard their interests. 2. The aim referred to in paragraph 1 shall be pursued through the following objectives: (a) to ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests; (b) to ensure the effective application of consumer protection rules, in particular through enforcement cooperation, information, education and redress. These objectives shall be achieved through a combination of actions and instruments drawn from the list set out in Annex I according to the priorities set out in the annual work plan referred to in Article 7(2)(a). Article 3 Funding 1. The financial envelope for the implementation of the Programme for the period from 31 December 2006 to 31 December 2013 is hereby set at EUR 156 800 000. 2. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. Article 4 Financial contributions 1. Financial contributions by the Community shall not exceed the following levels: (a) 50 % of the costs of actions jointly financed by the Community and one or more Member States, or by the Community and the competent authorities of the third countries participating pursuant to Article 8; except in the case of actions of exceptional utility, the Community contribution to the costs of which shall not exceed 70 %; (b) 85 % of the costs of actions intended to develop integrated European Master Degree courses in consumer issues; (c) 50 % of expenditure for the functioning of European consumer organisations; (d) 95 % of expenditure for the functioning of European consumer organisations representing consumer interests in the development of standards for products and services at Community level. 2. Financial contributions by the Community may take the form of: (a) scholarship grants for individual mobility of teachers and students in the framework of integrated European Master Degree courses in consumer issues. The management of these grants may be entrusted to the Erasmus National Agencies of the Life Long Learning programme; (b) travel and subsistence allowances for the exchange of enforcement officials. 3. The criteria for assessing whether actions exhibit exceptional utility within the meaning of paragraph 1(a) shall be established in advance in the annual work plan. Actions of exceptional utility shall benefit, in particular, consumers from Member States which acceded to the European Union on or after 1 May 2004. 4. The renewal of financial contributions set out in paragraphs 1(c) and 1(d) shall be exempted from the principle of gradual decrease. 5. For the purposes of paragraphs 1 and 2, financial contributions by the Community may also be given in the form of flat-rate or lump sum financing where this is suited to the nature of the actions concerned as defined in the annual work plan. In the case of flat-rate or lump sum financing, the percentage limits provided for in paragraph 1 shall not apply, although co-financing is still required. Article 5 Beneficiaries The classes of beneficiaries eligible for the financial contributions established in Article 4 are set out in Annex II. Article 6 Administrative and technical assistance 1. The financial allocation for the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the Programme and the achievement of its objectives; in particular, studies, meetings, information and publication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Programme. 2. The financial allocation for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Decision No 20/2004/EC. If necessary, appropriations may be entered in the budget beyond 2013 to cover these expenses, to enable the management of actions not completed by 31 December 2013. Article 7 Implementation 1. The Commission shall be responsible for the implementation of the Programme. Actions in pursuit of the aim and objectives set out in Article 2 shall make full use of appropriate available methods of implementation including, in particular, direct or indirect implementation by the Commission on a centralised basis. 2. The procedure referred to in Article 10(2) shall apply to the adoption of: (a) the annual work plan for the implementation of the Programme, setting out; - priorities and actions to be undertaken, including the allocation of financial resources, - selection and award criteria and criteria for the percentage of Community financial contributions, - use made of flat rate and lump sum financing, and - the planned timing of calls for tenders, joint actions and calls for proposals; (b) the arrangements, including selection and award criteria, for the implementation of the actions referred to in Article 4(1)(a). 3. The Commission shall inform the Committee referred to in Article 10 of the actions undertaken in the implementation of the Programme. Article 8 Participation of third countries The Programme shall be open to the participation of: (a) the EFTA/EEA countries, in accordance with the conditions established in the EEA Agreement; (b) third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements with those countries establishing the general principles for their participation in Community programmes. Article 9 Monitoring, evaluation and dissemination of results 1. The Commission, in close cooperation with the Member States, shall monitor the implementation of the actions of the Programme in the light of its objectives. It shall report thereon to the Committee referred to in Article 10, and shall keep the European Parliament and the Council informed thereof. 2. At the request of the Commission, Member States shall submit to it information on the implementation and impact of the Programme. 3. The Commission shall ensure that the Programme is evaluated three years after its start, and following its end. The Commission shall communicate the results of those evaluations, accompanied by its comments, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission shall make the results of actions undertaken pursuant to this Decision publicly available. Article 10 Committee procedure 1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. The Committee shall adopt its rules of procedure. Article 11 Repeal Decision No 20/2004/EC is hereby repealed. Article 12 Entry into force This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Brussels, 18 December 2006.

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COUNCIL REGULATION (EC) No 3084/95 of 21 December 1995 allocating, for 1996, catch quotas between Member States for vessels fishing in Latvian waters THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8 (4) thereof, Having regard to the proposal from the Commission, Whereas, in accordance with the procedure provided for in the Agreement on fisheries relations between the European Economic Community and the Republic of Latvia (2), and in particular Articles 3 and 6 thereof, the Community, as constituted on 31 December 1994, and Latvia have held consultations concerning their mutual fishing rights for 1996 and the management of common living resources; Whereas, in accordance with Articles 96 and 124 of the 1994 Act of Accession, fisheries agreements concluded by the Republic of Finland and the Kingdom of Sweden with third countries are managed by the Community; Whereas, in accordance with the procedure provided for in the Agreement on fisheries between the Republic of Finland and the Republic of Latvia of 25 October 1993, the Community, on behalf of Finland and Latvia have held consultations concerning their mutual fishing rights for 1996; Whereas, in accordance with the procedure provided for in the Agreement on fisheries between the Kingdom of Sweden and the Republic of Latvia of 27 April 1993, the community, on behalf of Sweden, and Latvia have held consultations concerning their mutual fishing rights for 1996; Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1996 should be fixed for the vessels of the other Party; Whereas the necessary measures should be taken to implement, for 1996, the results of the consultations with Latvia; Whereas, to ensure efficient management of the catch possibilities available in Latvian waters, they should by allocated among Member States as quotas in accordance with Article 8 of Regulation (EEC) No 3760/92; Whereas the fishing activities covered by this Regulation are subject to the relevant control measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), HAS ADOPTED THIS REGULATION: Article 1 From 1 January to 31 December 1996, vessels flying the flag of a Member State are hereby authorized to make catches within the quota limits set out in the Annex in waters falling within the fisheries jurisdiction of Latvia. Article 2 1. The financial contribution provided for in Article 7 of the Agreement on fisheries relations between the European Economic Community and Latvia shall be set for the period referred to in Article 1 at ECU 451 000 payable to an account designated by Latvia. 2. The financial contribution provided for in Article 8 of that Agreement shall be set for the period referred to in Article 1 at ECU 45 100 payable to an account designated by Latvia. Article 3 This Regulation shall enter into force on 1 January 1996. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 1995.

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***** COMMISSION REGULATION (EEC) No 1450/88 of 27 May 1988 on duties applicable in the Community as constituted at 31 December 1985 to iceberg lettuce from Spain and Portugal THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular points (b) of the first subparagraphs of Articles 75 (4) and 243 (4), Whereas Council Regulation (EEC) No 4161/87 (1) determines the basic duties to be used in the Community as constituted at 31 December 1985 for the calculation of the successive reductions provided for by the Act of Accession; Whereas the marketing of crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (iceberg) from Spain and Portugal should be promoted in the Community as constituted at 31 December 1985; whereas the customs duty applicable in the Community as constituted at 31 December 1985 for the said products meeting the conditions laid down in Article 9 (2) of the Treaty in Spain and Portugal should accordingly be reduced at a faster rate than originally laid down and for the periods 1 July to 30 September in 1988 and 1989; Whereas the measures provided for in this Regulation are in accordance with the opinion of the management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 For crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (iceberg) covered by CN code ex 0705 11 10 from Spain and Portugal meeting the conditions laid down in Article 9 (2) of the Treaty, the customs duty applicable in the Community as constituted at 31 December 1985 is hereby reduced to: 1.2.3 // // // // Period // Spain // Portugal // // // // 1 July to 30 September 1988 // 9,4 % + minimum 1,7 ECU/100 kg net // 9,4 % + minimum 1,6 ECU/100 kg net // 1 July to 30 September 1989 // 8,2 % + minimum 1,5 ECU/100 kg net // 8,2 % + minimum 1,3 ECU/100 kg net // // // Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 May 1988.

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Commission Regulation (EC) No 1387/2003 of 1 August 2003 amending Regulation (EC) No 2300/97 on detailed rules to implement Council Regulation (EC) No 1221/97 laying down general rules for the application of measures to improve the production and marketing of honey THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1221/97 of 25 June 1997 laying down general rules for the application of measures to improve the production and marketing of honey(1), as amended by Regulation (EC) No 2070/98(2), and in particular Article 5 thereof, Whereas: (1) Commission Regulation (EC) No 2300/97(3), as last amended by Regulation (EC) No 1216/2002(4), lays down provisions for the implementation of the national annual programmes provided for in Regulation (EC) No 1221/97. The Community's financial contribution to these programmes is based on the total number of hives in each Member State as listed in the Annex to Regulation (EC) No 2300/97. (2) There have been changes to the number of hives in the Member States' communications to update the structural data on the situation in the sector as provided for in Article 1(a) of Regulation (EC) No 2300/97. (3) Regulation (EC) No 2300/97 should therefore be amended accordingly. (4) Given that Article 2(2) of Regulation (EC) No 2300/97 fixes the 31 August as the final date for implementation of measures under annual programmes, this Regulation should apply from the 2003/04 marketing year. (5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EC) No 2300/97 is replaced by the Annex hereto. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall apply for the first time to the annual programmes covering the 2003/2004 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 August 2003.

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Commission Regulation (EC) No 1353/2001 of 4 July 2001 amending Regulation (EEC) No 2257/92 laying down detailed rules for implementing the specific arrangements for supplying Madeira with certain vegetable oils THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products(1), as last amended by Regulation (EC) No 2826/2000(2), and in particular Article 10 thereof, Whereas: (1) Pursuant to Article 2 of Regulation (EEC) No 1600/92, Commission Regulation (EEC) No 2257/92(3), as last amended by Regulation (EC) No 865/2001(4), establishes the forecast supply balance for certain vegetable oils for Madeira for the 2000/2001 marketing year. (2) Pending the entry into force of the reform of the specific supply arrangements and in order to avoid any break in the application of the specific supply arrangements in force, the supply balance should be established for the period 1 July to 31 December 2001. The Annex to Regulation (EEC) No 2257/92 should therefore be replaced. (3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EEC) No 2257/92 is replaced by the Annex hereto. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 July 2001. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 July 2001.

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COMMISSION REGULATION (EC) No 2247/97 of 11 November 1997 establishing unit values for the determination of the customs value of certain perishable goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), as last amended by Regulation (EC) No 82/97 (2), Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3), as last amended by Regulation (EC) No 1427/97 (4), and in particular Article 173 (1) thereof, Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation; Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, HAS ADOPTED THIS REGULATION: Article 1 The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto. Article 2 This Regulation shall enter into force on 14 November 1997. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 November 1997.

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COMMISSION REGULATION (EC) No 354/2009 of 29 April 2009 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 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof, Whereas: Regulation (EC) No 1580/2007 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 Annex XV, Part A thereto, HAS ADOPTED THIS REGULATION: Article 1 The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto. Article 2 This Regulation shall enter into force on 30 April 2009. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 April 2009.

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COUNCIL DIRECTIVE 94/76/EC of 22 December 1994 amending Directive 77/388/EEC by the introduction of transitional measures applicable, in the context of the enlargement of the European Union on 1 January 1995, as regards value added tax THE COUNCIL OF THE EUROPEAN UNION, Having regard to the 1994 Accession Treaty, and in particular Articles 2 and 3 thereof, and the 1994 act of Accession, and in particular Article 169 thereof, Having regard to the proposal from the Commission, Whereas, subject to the special provisions set out in Chapter IX of Annex XV to the Act of Accession, the common system of value added tax is to apply to the new Member States as from the date on which the Accession Treaty enters into force; Whereas, as a result of the abolition on that date of the imposition of tax on importation and remission of tax on exportation in trade between the Community as constituted at present and the new Member States, and between the new Member States themselves, transitional measures are necessary to safeguard the neutrality of the common system of value added tax and prevent situations of double taxation or non-taxation; Whereas such measures must, in this respect, meet concerns akin to those that led to the measures adopted on completion of the internal market on 1 January 1993, and in particular the provisions of Article 28n of Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turn-over taxes - Common system of value added tax: uniform basis of assessment (1); Whereas, in the customs sphere, goods will be deemed to be in free circulation in the enlarged Community where it is shown that they were in free circulation in the current Community or in one of the new Member States at the time of accession; whereas conclusions should be drawn from this, particularly for Article 7 (1) and (3) and Article 10 (3) of Directive 77/388/EEC; Whereas it is necessary in particular to cover situations in which goods have been placed, prior to accession, under one of the arrangements referred to in Article 16 (1) (B) (a) to (d), under a temporary admission procedure with full exemption from import duties or under a similar procedure in the new Member States; Whereas it is also necessary to lay down specific arrangements for cases where a special procedure (export or transit), initiated prior to the entry into force of the Accession Treaty in the framework of trade between the current Community and the new Member States and between those Member States for the purposes of a supply effected prior to that date by a taxable person acting as such, is not terminated until after the date of accession, HAS ADOPTED THIS DIRECTIVE: Article 1 In Directive 77/388/EEC, the following Title and Article shall be inserted: 'TITLE XVIc Transitional measures applicable in the context of the accession to the European Union of Austria, Finland and Sweden Article 28p 1. For the purpose of applying this Article: - 'Community` shall mean the territory of the Community as defined in Article 3 before accession, - 'new Member States` shall mean the territory of the Member States acceding to the European Union by the Treaty signed on 24 June 1994, as defined for each of those Member States in Article 3 of this Directive, - 'enlarged Community` shall mean the territory of the Community as defined in Article 3, after accession. 2. When goods: - entered the territory of the Community or of one of the new Member States before the date of accession, and - were placed, on entry into the territory of the Community or of one of the new Member States, under a temporary admission procedure with full exemption from import duties, under one of the regimes referred to in Article 16 (1) (B) (a) to (d) or under a similar regime in one of the new Member States, and - have not left that regime before the date of accession, the provisions in force at the moment the goods were placed under that regime shall continue to apply until the goods leave this regime, after the date of accession. 3. When goods: - were placed, before the date of accession, under the common transit procedure or under another customs transit procedure, and - have not left that procedure before the date of accession, the provisions in force at the moment the goods were placed under that procedure shall continue to apply until the goods leave this procedure, after the date of accession. For the purposes of the first indent, 'common transit procedure` shall mean the measures for the transport of goods in transit between the Community and the countries of the European Free Trade Association (EFTA) and between the EFTA countries themselves, as provided for in the Convention of 20 May 1987 on a common transit procedure (1). 4. The following shall be deemed to be an importation of goods within the meaning of Article 7 (1) where it is shown that the goods were in free circulation in one of the new Member States or in the Community: (a) the removal, including irregular removal, of goods from a temporary admission procedure under which they were placed before the date of accession under the conditions set out in paragraph 2; (b) the removal, including irregular removal, of goods either from one of the regimes referred to in Article 16 (1) (B) (a) to (d) or from a similar regime under which they were placed before the date of accession under the conditions set out in paragraph 2; (c) the termination of one of the procedures referred to in paragraph 3 which was started before the date of accession in one of new Member States for the purposes of a supply of goods for consideration effected before that date in that Member State by a taxable person acting as such; (d) any irregularity or offence committed during one of the procedures referred to in paragraph 3 under the conditions set out at (c). 5. The use after the date of accession within a Member State, by a taxable or non-taxable person, of goods supplied to him before the date of accession within the Community or one of the new Member States shall also be deemed to be an importation of goods within the meaning of Article 7 (1) where the following conditions are met: - the supply of those goods has been exempted, or was likely to be exempted, either under Article 15 (1) and (2) or under a similar provision in the new Member States, - the goods were not imported into one of the new Member States or into the Community before the date of accession. 6. In the cases referred to in paragraph 4, the place of import within the meaning of Article 7 (3) shall be the Member State within whose territory the goods cease to be covered by the regime under which they were placed before the date of accession. 7. By way of derogation from Article 10 (3), the importation of goods within the meaning of paragraphs 4 and 5 of this Article shall terminate without the occurrence of a chargeable event when: (a) the imported goods are dispatched or transported outside the enlarged Community; or (b) the imported goods within the meaning of paragraph 4 (a) are other than means of transport and are redispatched or transported to the Member State from which they were exported and to the person who exported them; or (c) the imported goods within the meaning of paragraph 4 (a) are means of transport which were acquired or imported before the date of accession in accordance with the general conditions of taxation in force on the domestic market of one of the new Member States or of one of the Member States of the Community and/or have not been subject, by reason of their exportation, to any exemption from, or refund of, value added tax. This condition shall be deemed to be fulfilled when the date of the first use of the means of transport was before 1 January 1987 or when the amount of tax due by reason of the importation is insignificant. (1) OJ No L 226, 13. 8. 1987, p. 2.` Article 2 1. Subject to the entry into force of the 1994 Accession Treaty, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on the date of entry into force of this Directive. They shall forthwith inform the Commission thereof. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the provisions of domestic law which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the same date as the 1994 Accession Treaty. Article 4 This Directive is addressed to the Member States. Done at Brussels, 22 December 1994.

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COMMISSION REGULATION (EC) No 1880/2005 of 17 November 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 18 November 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 November 2005.

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***** COMMISSION REGULATION (EEC) No 3648/88 of 23 November 1988 derogating from the quality standard for citrus fruit THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 2238/88 (2), and in particular Article 2 (3) thereof; Whereas Commission Regulation (EEC) No 379/71 (3) laid down quality standards for citrus fruit, which are contained in the Annex to that Regulation; Whereas, in view of the development of marketing, certain provisions as formulated at present relating to packaging may lead to confusion; whereas steps should be taken to remedy this situation pending a full revision of the standard; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 By way of derogation from Regulation (EEC) No 379/71, until 15 July 1989, the last subparagraph under B ('Packaging') in item V ('Packaging and presentation') of the Annex thereto is hereby replaced by the following: 'The package, or bulk consignment for produce dispatched in bulk, must be free from any foreign matter; however, a presentation where a short twig with some green leaves adheres to the fruit is allowed.' Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 November 1988.

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COMMISSION REGULATION (EC) No 2122/98 of 2 October 1998 fixing the production levies in the sugar sector for the 1997/98 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 1148/98 (2), and in particular Articles 28(8) and 28a(5) thereof, Whereas Article 7(1) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector (3), as last amended by Regulation (EC) No 392/94 (4), provides that the basic production levy and the B levy together with, if required, the coefficient referred to in Article 28a(2) of Regulation (EEC) No 1785/81 for sugar, isoglucose and inulin syrup are to be fixed before 15 October in respect of the preceding marketing year; Whereas Commission Regulation (EC) No 1753/97 (5) increased, for the 1997/98 marketing year, the maximum amount referred to in the first indent of Article 28(4) of Regulation (EEC) No 1785/81 to 37,5 % of the intervention price for white sugar; Whereas the estimated total loss recorded in accordance with Article 28(1) and (2) of Regulation (EEC) No 1785/81 necessitates in respect of the 1997/98 marketing year, the retention of the maximum amounts referred to in Article 28(3) of the said Regulation in so far as the basic production levy is concerned and the taking into account of an amount equal to 36,8891 % of the intervention price for white sugar for the calculation of the B levy in conformity with Article 28(4) and (5) of the same Regulation; Whereas the total uncovered loss recorded on the basis of the known information and in application of Article 28(1) and (2) of Regulation (EEC) No 1785/81 is covered in its entirety by the receipts from the basic production levy and the B levy; whereas the coefficient referred to in Article 28a(2) of the said Regulation should not as a consequence be fixed for the 1997/98 marketing year; Whereas 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 levies in the sugar sector for the 1997/98 marketing year are hereby fixed as follows: (a) ECU 1,2638 per 100 kilograms of white sugar as the basic production levy on A sugar and B sugar; (b) ECU 23,3102 per 100 kilograms of white sugar as the B levy on B sugar; (c) ECU 0,5330 per 100 kilograms of dry matter as the basic production levy on A isoglucose and B isoglucose; (d) ECU 9,7833 per 100 kilograms of dry matter as the B levy on B isoglucose; (e) ECU 1,2638 per 100 kilograms of dry matter equivalent sugar/isoglucose of the basic production levy on A inulin syrup and B inulin syrup; (f) ECU 23,3102 per 100 kilograms of dry matter equivalent sugar/isoglucose as the B levy on B inulin syrup. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 October 1998.

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COMMISSION REGULATION (EC) No 1337/2005 of 12 August 2005 on the issuing of export licences for wine-sector products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof, Whereas: (1) Article 63(7) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2), limits the grant of export refunds for wine-sector products to the volumes and expenditure contained in the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations. (2) Article 9 of Regulation (EC) No 883/2001 lays down the conditions under which the Commission may take specific measures to prevent an overrun of the quantity laid down or the budget available under the said Agreement. (3) On the basis of information on export licence applications available to the Commission on 10 August 2005, the quantity still available for the period until 31 August 2005, for destination zones (2) Asia and (4) eastern Europe, referred to in Article 9(5) of Regulation (EC) No 883/2001, could be exceeded unless the issue of export licences with advance fixing of the refund is restricted. Therefore, a single percentage for the acceptance of applications submitted from 3 to 9 August 2005 should be applied and the submission of applications and the issue of licences suspended for this zone until 16 September 2005, HAS ADOPTED THIS REGULATION: Article 1 1. Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 3 to 9 August 2005 under Regulation (EC) No 883/2001 shall be issued in concurrence with 100,00 % of the quantities requested for zone (2) Asia and in concurrence with 100,00 % of the quantities requested for zone (4) eastern Europe. 2. The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 10 August 2005 and the submission of export licence applications from 13 August 2005 for destination zones (2) Asia and (4) eastern Europe shall be suspended until 16 September 2005. Article 2 This Regulation shall enter into force on 13 August 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 August 2005.

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COMMISSION REGULATION (EC) No 1841/2005 of 10 November 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 4 to 10 November 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1059/2005, the maximum refund on exportation of common wheat shall be 5,00 EUR/t. Article 2 This Regulation shall enter into force on 11 November 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 November 2005.

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COMMISSION REGULATION (EC) No 2228/2004 of 23 December 2004 fixing the maximum export refund for white sugar to certain third countries for the 15th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004 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 second indent of Article 27(5) thereof, Whereas: (1) Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. (2) Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. (3) 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 For the 15th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 45,543 EUR/100 kg. Article 2 This Regulation shall enter into force on 24 December 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 December 2004.

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COUNCIL DECISION of 18 December 1990 on the signing of the International Agreement on Jute and Jute Products, 1989 (91/51/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof, Having regard to the proposal from the Commission, Whereas the International Agreement on Jute and Jute Products, 1989, is open for signature from 1 January to 31 December 1990; Whereas all Member States have indicated their intention to sign the Agreement; Whereas the Community and its Member States should proceed simultaneously to sign the Agreement, HAS DECIDED AS FOLLOWS: Article 1 Not later than 31 December 1990 the Community and its Member States shall, acting simultaneously, sign the International Agreement on Jute and Jute Products, 1989, in accordance with Article 37 (1) thereof. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement on behalf of the Community. The text of the Agreement is attached to this Decision. Done at Brussels, 18 December 1990.

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COMMISSION REGULATION (EEC) No 3059/91 of 18 October 1991 laying down definitive measures on the issuing of STM licences for beef and veal in trade with Portugal THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 252 (3) thereof, Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7 (1) thereof, Whereas Commission Regulation (EEC) No 3815/90 of 19 December 1990 laying down detailed rules for the application of the supplementary trade mechanism for certain beef and veal products intended for Portugal (3), as last amended by Regulation (EEC) No 840/91 (4), sets the annual indicative ceiling for imports into Portugal of certain beef and veal products; Whereas STM licences issued in response to applications lodged from 9 to 13 September 1991 have exhausted that fraction of the indicative ceiling set aside for the third quarter of 1991 for fresh and chilled meat; Whereas the Commission had already adopted, by an emergency procedure, appropriate interim protective measures by Regulations (EEC) No 2132/91 (5), (EEC) No 2438/91 (6) and (EEC) No 2577/91 (7); whereas definitive measures must be adopted; whereas, in view of the situation of the market in Portugal, an increase in the indicative ceiling cannot be contemplated; Whereas, as a definitive measure as referred to in Article 252 (1) of the Act of Accession, the issue of STM licences should be definitively discontinued in order to prevent any disturbance on the Portuguese market; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 For fresh and chilled meat: 1. the issuing of STM Portugal licences is suspended until 6 October 1991; 2. further applications for STM Portugal licences may be lodged from 23 September 1991. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 October 1991.

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COMMISSION REGULATION (EC) No 833/2006 of 2 June 2006 fixing the compensatory aid for bananas produced and marketed in the Community in 2005 and the unit value of the advances for 2006 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), and in particular the first subparagraph of Article 12(6) and Article 14 thereof, Whereas: (1) Under Article 12(3) of Regulation (EEC) No 404/93, compensatory aid to Community producers for any loss of income is calculated on the basis of the difference between the flat-rate reference income and the average production income from bananas produced and marketed in the Community during the year in question. (2) Article 2(2) of Commission Regulation (EEC) No 1858/93 of 9 July 1993 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the banana sector (2) fixes the flat-rate reference income at EUR 64,03 per 100 kilograms net weight of green bananas ex-packing shed. (3) In 2005, the average production income, calculated on the basis of the average of the prices for bananas marketed outside the producer regions at the stage of delivery at first port of unloading (goods not unloaded), on the one hand, and the selling prices on local markets for bananas marketed in their producer region, on the other, less the flat-rate amounts laid down in Article 3(2) of Regulation (EEC) No 1858/93, was less than the flat-rate reference income fixed for 2005. The compensatory aid to be granted in respect of 2005 should be fixed accordingly. (4) Under the second subparagraph of Article 12(6) of Regulation (EEC) No 404/93, supplementary aid is granted in one or more producer regions where the average income from production is significantly lower than the average for the Community. (5) The annual average production income from the marketing of bananas produced in Martinique, Guadeloupe and Greece has proved to be significantly lower than the Community average during 2005. As a result, supplementary aid should be granted in the producer regions of Martinique, Guadeloupe and Greece. In view of the data for 2005, which point to very difficult production and marketing conditions, supplementary aid covering 75 % of the difference between the average income in the Community and the average income recorded on selling products in these regions should be fixed. (6) The unit amount of the advances and the amount of the relevant security are established, in accordance with Article 4(2) and (3) of Regulation (EEC) No 1858/93, on the basis of the aid fixed for the preceding year. (7) Given that not all the necessary data were available, it has not hitherto been possible to determine the compensatory aid for 2005. Provision should be made for the balance of the aid for 2005 and of the advances for bananas marketed during January and February 2006 to be paid within two months of the entry into force of this Regulation. (8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas, HAS ADOPTED THIS REGULATION: Article 1 1. The compensatory aid provided for in Article 12 of Regulation (EEC) No 404/93 for fresh bananas falling within CN code ex 0803, excluding plantain bananas, produced and marketed in the Community in 2005 shall be EUR 5,90 per 100 kilograms. 2. The aid fixed in paragraph 1 shall be increased by EUR 11,27 per 100 kilograms for bananas produced in Martinique, by EUR 12,12 per 100 kilograms for bananas produced in Guadeloupe and by EUR 7,76 per 100 kilograms for bananas produced in Greece. Article 2 The advance for bananas marketed from January to December 2006 shall amount to EUR 4,13 per 100 kilograms. The relevant security shall be EUR 2,06 per 100 kilograms. Article 3 Notwithstanding Article 10 of Regulation (EEC) No 1858/93, the competent authorities of the Member States shall pay the balance of the compensatory aid to be granted in respect of 2005 and the advance for bananas marketed during January and February 2006 within two months of the entry into force of this Regulation, after the verifications provided for in Article 10 of Regulation (EEC) No 1858/93. Article 4 This Regulation shall enter into force on the third 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, 2 June 2006.

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COUNCIL DECISION of 24 September 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period from 3 May 1996 to 2 May 1999 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola (96/569/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola (1), Having regard to the proposal from the Commission, Whereas the Community and the Republic of Angola have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement; Whereas, as a result of these negotiations, a new Protocol was initialled on 2 May 1996; Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period from 3 May 1996 to 2 May 1999; Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said Protocol from the day following the date of expiry of the Protocol previously in force; whereas that Agreement should be approved subject to a definitive decision pursuant to Article 43 of the Treaty; Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities under the fisheries agreement, HAS DECIDED AS FOLLOWS: Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period from 3 May 1996 to 2 May 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community. The text of the Agreement in the form of an Exchange of Letters is attached to this Decision. Article 2 The fishing possibilities provided for in the Protocol are allocated among the Member States as follows: - Shrimp vessels: 6 550 grt, per month, as an annual average, 22 vessels Spain, - Demersal tawlers: 2 000 grt, per month, as an annual average, Spain, - Bottom longliners: 1 750 grt, per month, as an annual average, Portugal, - Freezer tuna seiners: nine vessels, France, - Surface longliners: two vessels Portugal, 10 vessels Spain. If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol the Commission may entertain licence applications from any other Member State. Article 3 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community. Done at Brussels, 24 September 1996.

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COMMISSION REGULATION (EEC) No 2093/79 of 26 September 1979 amending Regulation (EEC) No 2036/74 fixing prices for the sale at reduced prices to certain institutions and bodies of a social character of hindquarters of adult bovine animals held by the intervention agencies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 425/77 (2), and in particular Article 7 (3) thereof, Whereas Commission Regulation (EEC) No 2036/74 (3), as last amended by Regulation (EEC) No 1356/79 (4), limits the sales to meat bought in before 31 March 1979; Whereas it is now appropriate to release further beef for this sale; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 The date "31 March 1979" appearing in Article 1a of Regulation (EEC) No 2036/74 is hereby replaced by "30 April 1979". Article 2 This Regulation shall enter into force on 5 October 1979. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 September 1979.

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COMMISSION REGULATION (EEC) No 1064/93 of 30 April 1993 introducing private storage premium for peas and field beans THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EEC) No 364/93 (2), and in particular Article 16 thereof, Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rate to be applied for the purpose of the common agricultural policy (3), and in particular Article 6 (2) thereof, Whereas the support arrangements foreseen in Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (4), as last amended by Regulation (EEC) No 1750/92 (5), expire on 30 June 1993; whereas Regulation (EEC) No 1765/92 introduces a compensatory payment to arable producers, including pea and field bean producers; whereas the transition between the two support arrangements could give rise to considerable disturbance of the market for peas and field beans and pose substantial difficulties to the disposal of the 1992/93 pea and field bean crop; Whereas it is necessary to establish specific measures which can facilitate the transition; whereas introducing a private storage premium for peas and field beans could facilitate the transition between the two support arrangements; Whereas, contracts shall be concluded only with first buyers or approved users; whereas, to make the scheme more effective, contracts must relate to a certain minimum quantity; whereas in order to facilitate application of the system of contracts, a maximum quantity to be stored should be fixed per Member State, with the possibility of a redistribution of the quantities within these limits not taken up in any Member State; Whereas the period during which contracts may be concluded should be restricted; Whereas the amount of the security designed to ensure compliance with the contractual obligations should be fixed at an amount per 100 kilograms; Whereas the contract shall include the obligations to be fulfilled by the co-contracting party, in particular those enabling the competent authority to make an effective inspection of storage, must be specified; Whereas the peas or field beans may not be removed from storage before 1 July 1993; whereas the removal of peas or field beans from storage should be discouraged; whereas the entitlement to the aid and 50 % of the security shall be forfeited if the peas or field beans are removed from storage before the end of the contract period; Whereas, pursuant to Article 6 (2) of Regulation (EEC) No 3813/92, it should be specified that, in the case of a storage premium, the operative event to determine the amount of the security and the aid in national currency is the latest day for the lodging of applications; Whereas provision should be made for a system of checks to ensure that aid is not granted unduly; whereas for this purpose the Member States should make checks appropriate to the various stages of storage; Whereas the Management Committee for Dried Fodder has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: I Article 1 The competent authorities in the Member States shall conclude storage contracts, for peas or field beans harvested on their territory in the 1992/93 marketing year, as provided for in this Regulation. Article 2 1. Storage contracts (hereinafter called 'contracts') shall be concluded only with first buyers or approved users. 2. Contracts shall be made only in respect of peas or field beans, in lots of at least 500 tonnes, for which a minimum price certificate has been issued according to Article 6 of Commission Regulation (EEC) No 3540/85 (6). 3. Contracts shall be concluded for a period of 200 days starting from 17 May or 14 June 1993. Contracts may not be renewed. 4. The maximum quantity that may be covered by contracts shall be 100 000 tonnes, distributed as follows: - 70 000 tonnes in France, - 10 000 tonnes in Denmark, - 20 000 tonnes in the United Kingdom, - 0 tonnes in other Member States. If the quantities covered by contract in a Member State at 1 June are below the ceiling set, the balance may be reallocated by the Commission. Article 3 1. With a view to conclusion of a contract, a written application must be lodged with the competent authority of the Member State in which the peas and field beans are located. It must be accompanied by proof that a security of ECU 0,5 per 100 kilograms of peas and field beans has been lodged. 2. Applications must be lodged by the end of: 10 May 1993 for storage commencing on 17 May 1993, or 4 June 1993 for storage commencing on 14 June 1993. 3. Member States shall notify the Commission of the quantities for which valid applications have been made, by the end of the first working day following the deadline for lodging applications. 4. The Commission shall total the quantities for which applications are made and shall, until exhaustion of the maximum quantity specified in Article 2 (4), authorize Member States to accept the applications made. Should there be a risk of exhaustion of the quantity it shall authorize acceptance of quantities applied for proportionally to the quantity available. 5. After authorization by the Commission, contracts shall be concluded without discrimination and as rapidly as possible. In all cases, the date of conclusion of the contract shall be before the first day of the relevant storage period. II Article 4 1. Contract applications and contracts shall relate to only those peas and field beans for which premium may be granted. 2. Contract applications shall not be acceptable unless they include the particulars referred to in paragraph 4 and proof has been furnished that a security has been provided. 3. Contracts shall include a declaration by which the co-contracting party undertakes to place in storage and to store only products for which a minimum price certificate according to Article 7 of Regulation (EEC) No 3540/85 has been issued. 4. Contracts shall be drawn up in two copies and shall include the following information: (a) the business name of the co-contracting party; (b) its full postal address; (c) the name and address of the competent authority; (d) the exact location of the place of storage; (e) the number and individual particulars of the lots covered by the contract and the weight of each lot; (f) the consent of the owner of the stored peas or field beans, if the contracting party is not the owner; (g) the date of commencement of storage; (h) the reference to this regulation; (i) the date of conclusion of the contract; (j) the amount of the aid per unit of weight; (k) the amount of the security. 5. Contracts shall make the following obligations incumbent upon the co-contracting party: (a) that of holding in store during the period stipulated of the agreed quantity of peas or field beans on their own behalf and at their own risk, any change to be authorized by the competent authority; (b) that of authorizing the competent authority to verify at any time that the obligations laid down in the contract are being complied with. 6. The co-contracting party may, after 1 July 1993, cancel the contract by notifying the competent authority. Thereby the co-contracting party shall lose entitlement to the premium for the whole storage period and shall forfeit 50 % of the security lodged pursuant to Article 3 (1). The co-contracting party may under no circumstance cancel the contract or remove contracted peas or field beans from stores before 1 July 1993. 7. The obligation of compliance with the quantity shown in the contract shall be met if at least 98 % of that quantity has been maintained in store. Article 5 1. For each of the 200 day storage periods a premium of ECU 3 per 100 kilograms shall be granted. 2. The rate applicable for the conversion into national currency for the storage premium shall be the agricultural conversion rate in force on the latest day for the lodging of applications. 3. The amount of premium shall be calculated by reference to the quantity identified. Article 6 Subject to the provisions of Article 7, the premium shall be paid only where all the obligations in the contract have been complied with. The aid shall be paid, and the securities specified in Article 3 (1) released after verification of compliance with the said obligations, within 60 days following expiry of the contract. Article 7 1. In the cases of force majeure, the competent authority shall determine what action is necessary given the circumstances invoked. Such action may, in particular, involve payment of the premium due pro rata for the quantity stored and the actual period of storage. 2. Member States shall inform the Commission immediately of all cases that they deem to be cases of force majeure and of the action taken in each case. III Article 8 1. Member States shall ensure that the conditions giving rise to entitlements to aid are fulfilled. For this purpose they shall designate the national authority or other delegated competent authority to be responsible for checking storage operations. If such delegation takes place, the Member State shall ensure that the delegated competent authority is independent of the co-contracting party. 2. The co-contracting party shall make available to the authority responsible for checking storage operations all documentation, for each contract, permitting in particular the following information on the products placed under contract to be verified: (a) the ownership at the time of placing in storage; (b) the date of placing in storage; (c) the weight; (d) the presence of products in the storage. 3. Products stored must be easily identifiable and must be identified individually by contract. When the products are placed in storage, the authority responsible for checking operations shall verify the identification referred to in the first subparagraph and shall seal the products placed in storage. 4. The authority responsible for checking operations shall undertake: (a) for each contract, a check on the compliance with all the obligations laid down in Article 4; (b) a compulsory check to ensure that the products are present in the warehouse during the final week of the contractual storage period; (c) an unanounced check on a representative proportion of the contracts and the contracted produce. The sealing or handling costs of the check are born by the co-contracting party. 5. Failure to comply with the contractual obligations shall entail forfeiture of the security, specified in Article 3 (1), without prejudice to any other penalties applicable. 6. Member States shall notify the Commission of all national measures adopted in implementation of this Regulation, with a specimen of the contract, and the means of assurance of sealing the peas and field beans into store. Article 9 Member States shall notify the Commission of: - the quantities of peas and field beans for which contracts have been concluded, before the start of each storage period, - the quantities of peas and field beans for which the contractual obligations were met and in respect of which the premium has been paid, within 90 days of the end of each storage period. Article 10 1. By derogation the conclusion of a storage contract shall in the meaning of Article 17 of Regulation (EEC) No 3540/85, shall be considered as a request for identification, and the aid payable will be the aid of the day according to the second subparagraph, second indent of Article 18 (2) on the day of application. 2. By derogation from Article 3 of Commission Regulation (EEC) No 3328/92 (7) and Article 19 (1) of Regulation (EEC) No 3540/85 the obligation of using the products within the meaning of Article 9 of Regulation (EEC) No 3540/85 must be complied with no later than three months later the ending of the contract within the Member State of harvest. Member States shall establish all the necessary control measures for the provisions foreseen in this Article, and which shall include a specific bookkeeping for the contracted peas. Article 11 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 April 1993.

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COMMISSION REGULATION (EC) No 1128/2007 of 28 September 2007 fixing the import duties in the cereals sector applicable from 1 October 2007 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 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof, Whereas: (1) Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. (2) Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question. (3) Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. (4) Import duties should be fixed for the period from 1 October 2007, and should apply until new import duties are fixed and enter into force, HAS ADOPTED THIS REGULATION: Article 1 From 1 October 2007, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II. Article 2 This Regulation shall enter into force on 1 October 2007. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 September 2007.

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COMMISSION REGULATION (EC) No 586/2006 of 12 April 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: (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 13 April 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 April 2006.

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COMMISSION DECISION of 14 February 1994 concerning the grant of assistance from the cohesion financial instrument to the following stage of project in Ireland: Dublin ring road: Northern Cross (Stage I) No CF: 93/07/65/032 (Only the English text is authentic) (94/379/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof, Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks; Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2) amended by Regulation (EEC) No 2082/93 (3), are to apply, mutatis mutandis; Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measures for which the cohesion financial instrument may provide assistance; Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that measures which are described in Annex V to this Decision are undertaken; Whereas references to 'project' shall be understood to mean also 'stage of project'; Whereas on 30 August 1993 Ireland submitted an application for assistance from the cohesion financial instrument for the project Dublin ring road: Northern Cross (Stage I); Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93; Whereas the application for assistance contains all the information required by Article 8 (4) of Regulation (EEC) No 792/93 and satisfies the criteria set out in Article 8 (3) and (5) of that Regulation; Whereas the project is a transport infrastructure project of common interest; Whereas the project forms part of the master plan for a trans-European road network; Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 792/93, technically and financially discrete stages of the project have been identified for the purpose of granting assistance from the financial instrument; Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Council Regulation (Euratom ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted; Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project; Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; Whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to Article 9 (3) of Regulation (EEC) No 792/93; Whereas all the other conditions laid down have been complied with, HAS ADOPTED THIS DECISION: Article 1 1. The stage of project Dublin ring road: Northern Cross (Stage I) situated in Ireland as described in Annex I hereto is hereby approved for the period from 1 January 1993 to 31 December 1994. 2. References to 'project' in the present decision and Annexes shall be understood to mean also 'stage of project'. Article 2 1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 20 000 000. 2. The rate of Community assistance granted to the project shall be fixed at 80 %. 3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 16 000 000. 4. The contribution is committed from the 1994 budget. Article 3 1. Community assistance shall be based on the financial plan for the project set out in Annex II. 2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III. 3. The amount of the first advance payment shall be fixed at ECU 4 000 000. Article 4 1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Ireland and for which the requisite finance has been specifically allocated to works to be completed not later than 31 December 1994. 2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance. 3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1. Article 5 1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the EC Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures. 2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the EC Treaty. Article 6 Systematic monitoring and assessment of the project take place in accordance with the provisions set out in Annex IV hereto. Article 7 The Member State concerned shall ensure adequate publicity for the project as specified in Annex V. Article 8 Each Annex to this Decision shall form an integral part of it. Article 9 Failure to comply with the provisions of this Decision or its Annexes may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI. Article 10 This Decision is addressed to Ireland. Done at Brussels, 14 February 1994.

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DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December 2008 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2009/80/EC) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), Having regard to the Commission proposal, Whereas: (1) The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters. (2) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion. (3) Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised. (4) Cyprus has submitted an application to mobilise the Fund, concerning a disaster caused by drought, HAVE DECIDED AS FOLLOWS: Article 1 For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 7 605 445 in commitment and payment appropriations. Article 2 This Decision shall be published in the Official Journal of the European Union. Done at Strasbourg, 18 December 2008.

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COUNCIL DECISION of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010 (2004/904/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 63(2)(b) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), After consulting the Committee of the Regions, Whereas: (1) A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union. (2) Implementation of this policy should be based on solidarity between Member States and requires the existence of mechanisms to promote a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons. To that end, a European Refugee Fund was established for the period 2000 to 2004 by Decision 2000/596/EC (3). (3) It is necessary to establish a European Refugee Fund (the Fund) for the period 2005 to 2010 to ensure continued solidarity between Member States in the light of recently adopted Community legislation in the field of asylum, taking account of the experience acquired when implementing the first phase of the Fund for the period 2000 to 2004. (4) It is necessary to support the efforts made by Member States to grant appropriate reception conditions to refugees and displaced persons and to apply fair and effective asylum procedures so as to protect the rights of persons requiring international protection. (5) The integration of refugees into the society of the country in which they are established is one of the objectives of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967. Such persons must be enabled to share the values set out in the Charter of Fundamental Rights of the European Union. To this end, there should be support for action by Member States to promote their social, economic and cultural integration in so far as it contributes to economic and social cohesion, the maintenance and strengthening of which is one of the Community's fundamental objectives provided for by Articles 2 and 3(1)(k) of the Treaty. (6) It is in the interests of both Member States and the persons concerned that refugees and displaced persons who are allowed to stay in the territory of the Member States should be given the opportunity to provide for themselves by working in accordance with the provisions of the related Community instruments. (7) Since measures supported by the Structural Funds and other Community measures in the field of education and vocational training are not in themselves sufficient to promote such integration, support should be given for special measures to enable refugees and displaced persons to benefit fully from the programmes which are organised. (8) Practical support is needed to create or improve conditions enabling refugees and displaced persons to take an informed decision to leave the territory of the Member States and return home, should they so wish. (9) Action involving bodies of two or more Member States and action of Community interest in this field should be eligible for support by the Fund, and exchanges between Member States should be encouraged with a view to identifying and promoting the most effective practices. (10) A financial reserve should be established for the implementation of emergency measures to provide temporary protection in the event of a mass influx of refugees pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (4). (11) With a view to establishing financial solidarity in an effective and proportionate way and taking account of the experience acquired when the Fund was implemented between 2000 and 2004, the Commission's responsibilities and those of the Member States for the implementation and management of the Fund should be delineated. Member States should designate appropriate national authorities for that purpose, the duties of which should be set out. (12) The support provided by the Fund will be more efficient and better targeted if co-financing of eligible actions is based on two multiannual programmes and on an annual work programme drawn up by each Member State taking into account its situation and needs. (13) It is fair to allocate resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons, including refugees enjoying international protection within the framework of national programmes. (14) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). (15) Efficient monitoring is one way of ensuring that the actions supported by the Fund are effective. The conditions governing monitoring should be determined. (16) Without prejudice to the Commission’s responsibilities for financial control, cooperation between Member States and the Commission should be established in that regard. (17) Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution. The responsibility of Member States for pursuing and correcting irregularities and infringements, and the responsibility of the Commission where Member States do not comply with their obligations, should be specified. (18) The effectiveness and impact of actions supported by the Fund also depend on their evaluation. The responsibilities of Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be clearly defined. (19) Actions should be evaluated with a view to a mid-term review and assessment of their impact, and the evaluation process should be incorporated into project-monitoring arrangements. (20) Since the objective of this Decision, namely to promote a balance of effort between Member States in receiving refugees and displaced persons, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective. (21) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. (22) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified its wish to take part in the adoption and application of this Decision. (23) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to its application, HAS ADOPTED THIS DECISION: CHAPTER I OBJECTIVES AND TASKS Article 1 Establishment and objectives 1. This Decision establishes the European Refugee Fund (the Fund) for the period from 1 January 2005 to 31 December 2010. 2. The purpose of the Fund shall be to support and encourage the efforts made by the Member States in receiving and bearing the consequences of receiving refugees and displaced persons, taking account of Community legislation in these matters by co-financing the actions provided for by this Decision. Article 2 Financial provisions 1. The financial reference amount for the implementation of the Fund from 1 January 2005 to 31 December 2006 shall be EUR 114 million. 2. The annual appropriations for the Fund shall be authorised by the budgetary authority within the limits of the financial perspectives. Article 3 Groups targeted by the actions For the purposes of this Decision the target groups shall comprise the following categories: 1. any third-country nationals or stateless persons having the status defined by the Geneva Convention of 28 July 1951 relating to the Status of Refugees and the 1967 protocol thereto and who are permitted to reside as refugees in one of the Member States; 2. any third-country nationals or stateless persons enjoying a form of subsidiary protection within the meaning of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (6); 3. any third-country nationals or stateless persons who have applied for one of the forms of protection described in points 1 and 2; 4. any third-country nationals or stateless persons enjoying temporary protection within the meaning of Directive 2001/55/EC. Article 4 Actions 1. The Fund shall support actions in Member States relating to one or more of the following: (a) reception conditions and asylum procedures; (b) integration of persons referred to in Article 3 whose stay in the Member State is of a lasting and stable nature; (c) voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State. 2. Actions provided for by paragraph 1 shall, in particular, promote the implementation of the provisions of the relevant existing and future Community legislation in the field of the common European asylum system. 3. Actions shall take account of the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. Article 5 Eligible national actions relating to reception Conditions and asylum procedures Actions relating to reception conditions and asylum procedures, and in particular the following, shall be eligible for support from the Fund: (a) accommodation infrastructure or services; (b) provision of material aid and medical or psychological care; (c) social assistance, information or help with administrative formalities; (d) legal aid and language assistance; (e) education, language training and other initiatives which are consistent with the status of the person; (f) the provision of support services such as translation and training to help improve reception conditions and the efficiency and quality of asylum procedures; (g) information for local communities who will be interacting with those being received in the host country. Article 6 Eligible national actions relating to integration Actions relating to integration into Member States' society of persons referred to in Article 4(1)(b) and members of their family, and in particular the following, shall be eligible for support from the Fund: (a) advice and assistance in areas such as housing, means of subsistence, integration into the labour market, medical, psychological and social care; (b) actions enabling recipients to adapt to the society of the Member State in socio-cultural terms, and to share the values enshrined in the Charter of Fundamental Rights of the European Union; (c) actions to promote durable and sustainable participation in civil and cultural life; (d) measures focusing on education, vocational training, recognition of qualifications and diplomas; (e) actions designed to promote self-empowerment and to enable these persons to provide for themselves; (f) actions that promote meaningful contact and constructive dialogue between these persons and the receiving society, including actions which promote the involvement of key partners such as the general public, local authorities, refugee associations, voluntary groups, social partners and the broader civil society; (g) measures to support the acquisition of skills by these persons, including language training; (h) actions that promote both equality of access and equality of outcomes in relation to these persons' dealings with public institutions. Article 7 Eligible national actions relating to voluntary return Actions relating to voluntary return, and in particular the following, shall be eligible for support from the Fund: (a) information and advisory services concerning voluntary return initiatives or programmes; (b) information on the situation in the country or region of origin or former habitual residence; (c) general or vocational training and help with reintegration; (d) action by communities of origin resident in the European Union to facilitate the voluntary return of the persons referred to in this Decision; (e) actions which facilitate the organisation and implementation of national voluntary return programmes. Article 8 Community actions 1. In addition to the projects provided for by Articles 5, 6 and 7, at the Commission’s initiative, up to 7 % of the Fund’s available resources may be used to finance transnational actions or actions of interest to the Community as a whole concerning asylum policy and measures applicable to refugees and displaced persons as referred to in paragraph 2. 2. Eligible Community actions essentially concern the following areas: (a) the furthering of Community cooperation in implementing Community law and good practices; (b) support for the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of asylum policy; (c) support for transnational awareness-raising campaigns on European asylum policy and the situation and circumstances of the persons referred to in Article 3; (d) support for dissemination and exchange of information, including the use of IT and communications technology, on best practices and all other aspects of the Fund. 3. The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 11(2). Article 9 Emergency measures 1. In the event of temporary protection mechanisms within the meaning of Directive 2001/55/EC being implemented, the Fund shall also finance measures to help the Member States, such measures being separate from, and in addition to, the actions referred to in Article 4. 2. Eligible emergency measures shall concern the following types of action: (a) reception and accommodation; (b) provision of means of subsistence, including food and clothing; (c) medical, psychological or other assistance; (d) staff and administration costs linked to the reception of persons concerned and implementation of measures; (e) logistical and transport costs. CHAPTER II IMPLEMENTATION AND MANAGEMENT PROVISIONS Article 10 Implementation The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary. Article 11 Committee procedure 1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply. 4. The Committee shall adopt its rules of procedure. Article 12 Respective responsibilities of the Commission and the Member States 1. The Commission shall: (a) adopt guidelines, in accordance with the procedure referred to in Article 11(2), for the priorities of the multiannual programmes provided for by Article 15 and shall notify the Member States of the indicative financial allocations for the Fund; (b) ensure, as part of its responsibility for executing the general budget of the European Union, that appropriate management and control systems are in place in the Member States and that they operate smoothly, so as to guarantee that Community funds are used properly and effectively. These measures shall include documentary and on-the-spot checks carried out on a prior basis on implementation procedures, control systems, accounting procedures and the procurement and grant allocation procedures followed by the responsible authorities. The Commission shall review procedures or systems whenever substantial changes are made; (c) implement the Community actions provided for by Article 8. 2. Member States shall: (a) be responsible for implementing national actions supported by the Fund; (b) take the measures needed for the effective operation of the Fund at national level, and involving all those concerned by asylum policy in accordance with national practice; (c) appoint a responsible authority to manage national projects supported by the Fund in accordance with the applicable Community legislation and the principle of sound financial management; (d) be responsible in the first instance for financial control of actions and ensure that management systems and checks are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems; (e) certify that the declarations of expenditure submitted to the Commission are accurate and shall ensure that they result from accounting systems based on verifiable supporting documents; (f) cooperate with the Commission for the collection of the statistics needed for the implementation of Article 17. 3. In cooperation with the Member States, the Commission shall: (a) assume responsibility for disseminating the results of actions undertaken during the 2000 to 2004 phase of the Fund and of those to be implemented in the 2005 to 2010 phase; (b) ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund; (c) ensure that actions are cohesive with, and complementary to, other relevant Community policies, instruments and initiatives. Article 13 Responsible authorities 1. Each Member State shall appoint a responsible authority which shall handle all communication with the Commission. The authority shall be a functional body of the Member State or a national public body. The responsible authority may delegate some or all of its implementation tasks to another public administration or a private-law body governed by the law of the Member State and which has a public-service mission. Where the Member State designates a responsible authority other than itself, it shall lay down all the arrangements governing its relations with the said authority and the latter's relations with the Commission. 2. The body designated as the responsible authority or any delegated authority shall meet the following minimum conditions: (a) it shall have legal personality, except where it is a functional body of the Member State; (b) it shall have a financial and management capacity commensurate with the volume of Community funds which it will be called upon to manage and allowing it to carry out its tasks correctly, in accordance with the rules governing the management of Community funds. 3. The responsible authorities' tasks shall include the following: (a) consulting with appropriate partners to establish the multiannual programme; (b) organising and advertising calls for tenders and proposals; (c) organising selection and award procedures for co-financing by the Fund in accordance with the principles of transparency and equal treatment, and taking all necessary measures to avoid any possible conflict of interests; (d) ensuring consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments; (e) administrative, contractual and financial management of actions; (f) information and advisory activities, as well as dissemination of results; (g) monitoring and evaluation; (h) cooperation and liaison with the Commission and the responsible authorities in the other Member States. 4. Member States shall provide the responsible authority or any delegated authority with adequate resources so that it can continue to carry out its tasks properly throughout the period of implementation of actions financed by the Fund. The implementation activities may be financed under the technical and administrative assistance arrangements referred to in Article 18. 5. Acting in accordance with the procedure referred to in Article 11(2), the Commission shall adopt rules concerning the Member States' management and control systems, including rules for the administrative and financial management of national projects co-financed by the Fund. Article 14 Selection criteria The responsible authority shall select projects on the basis of the following criteria: (a) the situation and requirements in the Member State; (b) the cost-effectiveness of the expenditure, in view of the number of persons concerned by the project; (c) the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation; (d) the extent to which the projects complement other action funded by the general budget of the European Union or as part of national programmes. CHAPTER III PROGRAMMES Article 15 Multiannual programmes 1. Actions in the Member States shall be implemented on the basis of two multiannual programme phases, each lasting three years (2005 to 2007 and 2008 to 2010). 2. For each programme phase, on the basis of guidelines for the priorities of the multiannual programmes and indicative financial allocations provided by the Commission and provided for by Article 12(1)(a), each Member State shall propose a draft multiannual programme which includes the following elements: (a) a description of the current situation in the Member State as regards arrangements for reception, asylum procedures, integration and voluntary return of the persons covered by Article 3; (b) an analysis of requirements in the Member State in question in terms of reception, asylum procedures, integration and voluntary return and an indication of operational objectives designed to meet these requirements during the period covered by the programme; (c) presentation of an appropriate strategy to achieve these objectives and the priority attached to their attainment, taking account of the consultation of the partners provided for in Article 13(3)(a), and a brief description of the actions envisaged to implement the priorities; (d) an indication of whether this strategy is compatible with other regional, national and Community instruments; (e) an indicative financing plan which sets out, for each priority and each year, the Fund's proposed financial contribution and the overall amount of public or private co-financing. 3. Member States shall submit their draft multiannual programme no more than four months after the Commission has provided the guidelines and indicative financial allocations for the period in question. 4. Acting in accordance with the procedure referred to in Article 11(3), the Commission shall approve the draft multiannual programmes within three months of their receipt, in the light of the recommendations in the guidelines adopted pursuant to Article 12(1)(a). Article 16 Annual programmes 1. The multiannual programmes approved by the Commission shall be implemented by means of annual work programmes. 2. No later than 1 July each year, the Commission shall provide Member States with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided by Article 17. 3. No later than 1 November each year, Member States shall submit to the Commission a draft annual programme for the following year, drawn up in accordance with the approved multiannual programme and including: (a) the general rules for selection of projects to be financed under the annual programme if these differ from the modalities laid down in the multiannual programme; (b) a description of the tasks to be carried out by the responsible authority when implementing the annual programme; (c) the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical and administrative assistance under Article 18 for the purpose of implementing the annual programme. 4. When examining the Member State’s proposal, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure and shall adopt the decision on co-financing from the Fund no later than 1 March of the year in question. The decision shall indicate the amount allocated to the Member State and the period for which the expenditure is eligible. 5. In the event of significant changes affecting the implementation of the annual programme which imply a transfer of funds between actions exceeding 10 % of the total amount allocated to a Member State for the year in question, the Member State shall submit for the Commission’s approval a revised annual programme at the latest at the time of submission of the progress report referred to in Article 23(3). Article 17 Annual breakdown of resources for actions in the Member States provided for by Articles 5, 6 and 7 1. Each Member State shall receive a fixed amount of EUR 300 000 from the Fund's annual allocation. This amount shall be fixed at EUR 500 000 per annum for 2005, 2006 and 2007 in conformity with new financial perspectives for the states which acceded to the European Union on 1 May 2004. 2. The remainder of the available annual resources shall be broken down between the Member States as follows: (a) 30 % in proportion to the number of persons admitted in one of the categories referred to in Article 3(1) and (2) over the previous three years; (b) 70 % in proportion to the number of persons referred to in Article 3(3) and (4) registered over the previous three years. 3. The reference figures shall be the latest statistics produced by the Statistical Office of the European Communities in accordance with Community law on the collection and analysis of asylum data. Article 18 Technical and administrative assistance Part of the annual co-financing allocated to a Member State may be set aside to cover expenditure on technical and administrative assistance for preparation, monitoring and evaluation of actions. The annual amount set aside for technical and administrative assistance may not exceed 7 % of the total annual co-financing allocated to a Member State, plus EUR 30 000. Article 19 Special provisions concerning emergency measures 1. Member States shall provide the Commission with a statement of requirements and an implementation plan for the emergency measures provided for by Article 9, including a description of the planned measures and the bodies responsible for implementing them. 2. Financial assistance from the Fund for the emergency measures provided for by Article 9 shall be limited to a period of six months and shall not exceed 80 % of the cost of each measure. 3. Available resources shall be distributed among the Member States on the basis of the number of persons benefiting from temporary protection in each Member State as referred to in Article 9(1). 4. Articles 20(1) and (2), 21 and 23 to 26 shall apply. CHAPTER IV FINANCIAL MANAGEMENT AND SUPERVISION Article 20 Financing structure 1. The Fund's financial participation shall take the form of non-refundable grants. 2. Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union. 3. Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision. 4. The Community contribution to supported projects shall not exceed: (a) as regards actions implemented in the Member States under Articles 5, 6 and 7, 50 % of the total cost of a specific action. This may be increased to 60 % for particularly innovative actions, such as actions carried out by transnational partnerships or actions that involve the active participation of persons referred to in Article 3 or organisations established by these target groups, and shall be increased to 75 % in the Member States covered by the Cohesion Fund; (b) as regards calls for proposals within the framework of Community actions under Article 8, 80 % of the total cost of a specific action. 5. As a general rule, Community financial aid granted for actions supported by the Fund shall be given for a period of no more than three years, subject to periodic progress reports. Article 21 Eligibility 1. Expenditure shall correspond to the payments effected by the final grant recipients. It shall be justified by receipted invoices or accounting documents of equivalent status. 2. Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the Commission decision on co-financing referred to in Article 16(4). 3. The Commission, acting in accordance with the procedure referred to in Article 11(3), shall adopt the rules governing eligibility of expenditure within the framework of actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund. Article 22 Commitments Community budgetary commitments shall be made annually on the basis of the Commission decision on co-financing referred to in Article 16(4). Article 23 Payments 1. The contribution from the Fund shall be paid by the Commission to the responsible authority in accordance with budgetary commitments. 2. A first pre-financing payment representing 50 % of the amount allocated in the Commission's annual decision on co-financing by the Fund shall be made to the Member State within 60 days following the adoption of the co-financing decision. 3. A second pre-financing payment shall be made no more than three months after the Commission has approved a progress report on implementation of the annual work programme and a declaration of expenditure accounting for at least 70 % of the amount of the initial payment. The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the co-financing decision or, in any event, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment. 4. Payment of the balance shall be made no more than three months after the Commission has approved the annual programme's final implementation report and the final declaration of expenditure provided for by Articles 24(3) and 28(2); failing that, a request for reimbursement of amounts released under the first or second payments in excess of the final expenditure approved for the Fund shall be issued within that deadline. Article 24 Declarations of expenditure 1. For all expenditure which it declares to the Commission, the responsible authority shall provide assurance that the national implementation programmes are managed in accordance with the Community regulations applicable and that the funds are used in accordance with the principle of sound financial management. 2. Declarations of expenditure shall be certified by an individual or department operationally independent of any authorising department of the responsible authority. 3. Within nine months of the deadline laid down in the co-financing decision whereby expenditure must be effected, the responsible authority shall forward a final declaration of expenditure to the Commission. Failing that, the Commission shall automatically terminate the annual programme and release the relevant appropriations. Article 25 Audit of accounts and financial corrections by the Member States 1. Without prejudice to the Commission’s responsibilities for implementing the general budget of the European Union, the Member States shall be take responsibility in the first instance for financial control of actions. To that end, the measures they take shall include: (a) organising, on the basis of an appropriate sample, checks on actions covering at least 10 % of the total eligible expenditure for each annual implementing programme and on a representative sample of approved actions. Member States shall ensure an appropriate separation between checks and implementation or payment procedures concerning actions; (b) preventing, detecting and correcting irregularities, notifying the Commission of them in accordance with the rules and keeping the Commission informed of the progress of administrative and judicial proceedings; (c) cooperating with the Commission to ensure that Community funds are used in accordance with the principle of sound financial management. 2. Member States shall make the financial corrections required where an irregularity is ascertained, having regard to whether it is an individual or a systemic case. The corrections made by the Member State shall consist in cancelling all or part of the Community contribution, and, where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for by Article 26(4). 3. Acting in accordance with the procedure referred to in Article 11(3), the Commission shall adopt the rules and procedures for financial corrections made by the Member States in connection with actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund. Article 26 Audit of accounts and financial corrections by the Commission 1. Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or servants may carry out on-the-spot checks, including sample checks, on the operations financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or servants of the Member State concerned may take part in such checks. The Commission may require the Member State concerned to carry out an on-the-spot check to verify the correctness of one or more transactions. Commission officials or servants may take part in such checks. 2. If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 25, it shall suspend the pre-financing or final payment relating to co-financing from the Fund for the relevant annual programmes in cases where: (a) a Member State is not implementing the actions as agreed in the co-financing decision; or (b) all or part of an action justifies neither part nor the whole of the co-financing from the Fund; or (c) there are serious deficiencies in management and control systems that could give rise to systemic irregularities. In those cases, the Commission shall, stating its reasons, request the Member State to submit its comments and, where appropriate, to carry out any corrections within a specified period of time. 3. At the end of the period set by the Commission, the Commission may, if no agreement has been reached and the Member State has not made the corrections, and taking account of any comments made by the Member State, decide within three months to: (a) reduce the pre-financing or final payments; or (b) make the financial corrections required by cancelling all or part of the contribution of the Fund to the actions in question. In the absence of a decision pursuant to either (a) or (b), the payments shall immediately cease to be suspended. 4. Any sum received unduly or to be recovered shall be repaid to the Commission. If the amount owed has not been repaid by the deadline set by the Commission, it shall bear interest at the rate applied by the European Central Bank to its principal refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. 5. The Commission, acting in accordance with the procedure referred to in Article 11(3), shall adopt rules and procedures for financial corrections made by the Commission in connection with actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund. CHAPTER V MONITORING, EVALUATION AND REPORTS Article 27 Monitoring and evaluation 1. The Commission shall carry out regular monitoring on the Fund in cooperation with the Member States. 2. The Fund shall be evaluated regularly by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the objectives referred to in Article 1. The Commission shall also look at complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives. Article 28 Report 1. In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation. To that end, the agreements and contracts it concludes with the organisations responsible for action implementation shall include clauses laying down an obligation to submit regular detailed progress reports on the implementation of these actions and a detailed final implementation report on the extent to which stated objectives have been achieved. 2. No more than nine months after the eligibility deadline for expenditure laid down in the co-financing decision for each annual programme, the responsible authority shall submit a final implementation report and a final declaration of expenditure to the Commission as provided for by Article 24(3). 3. Member States shall submit to the Commission: (a) no later than 31 December 2006, an evaluation report on the implementation of actions co-financed by the Fund; (b) no later than 30 June 2009 and 30 June 2012, an evaluation report on the results and impact of actions co-financed by the Fund. 4. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: (a) no later than 30 April 2007, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with any proposed amendments; (b) no later than 31 December 2009, an intermediate evaluation report and a proposal on the Fund's future development; (c) no later than 31 December 2012, an ex post evaluation report. CHAPTER VI TRANSITIONAL PROVISIONS Article 29 2005 to 2007 multiannual programme By way of derogation from Article 15, the following timetable shall apply for implementation of the multiannual programme for the period 2005 to 2007: (a) no later than 31 January 2005, the Commission shall notify Member States of planning guidelines and shall provide an indication of the financial amounts allocated to them; (b) no later than 1 May 2005, Member States shall designate the national responsible authority referred to in Article 13 and shall submit the proposal for a multiannual programme for the period 2005 to 2007 referred to in Article 15; (c) acting in accordance with the procedure referred to in Article 11(3), the Commission shall approve the multiannual programmes no more than two months after the proposal for a multiannual programme has been received. Article 30 2005 annual programme By way of derogation from Article 16, the following timetable shall apply for implementation in the financial year 2005: (a) by 31 January 2005, the Commission shall provide Member States with an estimate of the amounts allocated to them; (b) Member States shall present the proposal for an annual programme referred to in Article 16 to the Commission by 1 June 2005; the proposal shall be accompanied by details of the management systems and checks which will be implemented with a view to ensuring that Community funds are used properly and effectively; (c) the Commission shall adopt co-financing decisions no more than two months after the draft annual programme has been presented, following verification of the aspects indicated in Article 12(1)(b). Expenditure actually disbursed between 1 January 2005 and that date on which the co-financing decisions are adopted may qualify for support from the Fund. CHAPTER VII FINAL PROVISIONS Article 31 Review The Council shall review this Decision on the basis of a proposal from the Commission by 31 December 2010. Article 32 Addressees This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, 2 December 2004.

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Commission Regulation (EC) No 1048/2001 of 30 May 2001 amending representative prices and additional duties for the import of certain products in the sugar sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2), Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(3), as last amended by Regulation (EC) No 624/98(4), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof, Whereas: (1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1411/2000(5), as last amended by Regulation (EC) No 998/2001(6). (2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto, HAS ADOPTED THIS REGULATION: Article 1 The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto. Article 2 This Regulation shall enter into force on 31 May 2001. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 May 2001.

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COMMISSION REGULATION (EEC) No 3324/90 of 19 November 1990 opening a standing invitation to tender for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1340/90 (2), and in particular Article 7 (6) thereof, Whereas Article 3 of Council Regulation (EEC) No 1581/86 of 23 May 1986 laying down general rules for intervention of the market in cereals (3), as last amended by Regulation (EEC) No 2203/90 (4), lays down that the sale of cereals held by intervention agencies is to be effected by tendering procedure; Whereas Article 4 of Commission Regulation (EEC) No 1836/82 of 7 July 1982 laying down the procedure and conditions for the disposal of cereals held by intervention agencies (5), as last amended by Regulation (EEC) No 2619/90 (6), allows for the imposition of restrictions on use and/or destination; Whereas, in the present situation of the market, a feature of which is a shortage of common wheat suitable for malting, a standing invitation to tender should be opened for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt; Whereas, moreover, as regards verification, the provisions of Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down detailed rules for verifying the use and/or destination of products from intervention (7), as last amended by Regulation (EEC) No 3183/90 (8), are applicable; Whereas 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 1. The German intervention agency shall issue a standing invitation to tender for the disposal on the internal market of 10 000 tonnes of common wheat for processing into malt. 2. Without prejudice to Regulation (EEC) No 1836/82 and in particular the second subparagraph of Article 13 (4) thereof, the following special rules shall apply to this invitation to tender: (a) tenderers shall undertake: - to process or have processed the common wheat, except grains passing through a sieve with a 2,2 mm opening, into malt before 30 June 1991. Processing shall be deemed to have taken place when the wheat has undergone soaking, and - to keep stock accounts showing quantities purchased and the use to which they have been put and, in the case of resale, the names and addresses of purchasers and the quantities sold; (b) a security of ECU 15 per tonne shall be lodged by the successful tenderer with the German intervention agency to ensure that the conditions laid down in the first indent are complied with. The security shall be lodged at the latest two working days following the day on which the notification of award of the contract is received. 3. The minimum price to be observed shall be the intervention price plus ECU 3,4 per tonne. Article 2 1. The obligations laid down in the first indent of Article 1 (2) shall be considered primary requirements as indicated in Article 20 of Commission Regulation (EEC) No 2220/85 (9). They shall be deemed to have been fulfilled only if the successful tenderer provides proof to that effect. 2. Proof of processing into malt of the cereals referred to in this Regulation shall be furnished in accordance with Regulation (EEC) No 569/88. Article 3 The following point and footnote are added in Part II, 'Products subject to a use and/or destination other than that mentioned under I', of the Annex to Regulation (EEC) No 569/88: '36. Commission Regulation (EEC) No 3324/90 of 19 November 1990 opening a standing invitation to tender for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt (36). On the dispatch of the common wheat, section 104: - Destinado a ser transformado en malta [apartado 1 del artículo 1 del Reglamento (CEE) no 3324/90] - Bestemt til forarbejdning til malt (artikel 1, stk. 1, i forordning (EOEF) nr. 3324/90) - Zur Verarbeitung zu Malz bestimmt (Artikel 1 Absatz 1 der Verordnung (EWG) Nr. 3324/90) - Proorizetai na metapoiithei se vyni [arthro 1 paragrafos 1 toy kanonismoy (EOK) arith. 3324/90] - For processing into malt (Article 1 (1) of Regulation (EEC) No 3324/90) - Destiné à être transformé en malt [article 1er paragraphe 1 du règlement (CEE) no 3324/90] - Destinato ad essere trasformato in malto [articolo 1, paragrafo 1 del regolamento (CEE) n. 3324/90] - Bestemd om tot mout te worden verwerkt (artikel 1, lid 1, van Verordening (EEG) nr. 3324/90) - Destinado a ser transformado em malte [nº 1 do artigo 1º do Regulamento (CEE) nº 3324/90]. (36) OJ No L 320, 20. 11. 1990, p. 12.' Article 4 1. The closing date for submission of tenders for the first partial invitation to tender shall be 20 November 1990. 2. The closing date for submission for the last partial invitation to tender shall be 18 December 1990. 3. Tenders are to be submitted to the German intervention agency: Bundesanstalt fuer landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt-am-Main, (Telex: 4-11475, 4-16044). Article 5 The German intervention agency shall notify the Commission, at the latest by Tuesday of the week following the closing date for the submission of tenders, of the quantities and average prices of the various lots sold. Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 November 1990.

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COMMISSION REGULATION (EC) No 38/2007 of 17 January 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular Articles 40(1)(g) and 40(2)(d) thereof, Whereas: (1) Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission. (2) Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden have intervention stocks of sugar. In order to respond to market needs, it is appropriate to open a standing invitation to tender to make these stocks available for export. (3) In order to prevent any abuse associated with the re-import or re-introduction into the Community of sugar sector products that have qualified for export refunds, no export refund should be fixed for the countries of the western Balkans. (4) To take account of the situation on the Community market, provision should be made for the Commission to fix a maximum export refund for each partial invitation to tender. (5) The intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous. (6) Pursuant to Article 42(1)(d) of Regulation (EC) No 952/2006, the price to be paid by the successful tenderer should be determined by the invitation to tender. (7) Pursuant to Article 42(2)(e) of Regulation (EC) No 952/2006, it is appropriate to determine the period of validity of the export licences. (8) In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold and exported. (9) The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 of 27 June 2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying-in and sale of sugar by intervention agencies (3) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation. (10) The quantities available for a Member State that can be awarded when the Commission fixes the maximum export refund should take into account the quantities awarded pursuant to Commission Regulation (EC) No 1039/2006 of 7 July 2006 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Germany, Spain, Ireland, Italy, Hungary, Poland, Slovenia, Slovakia and Sweden (4). (11) The Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 The intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden shall offer for sale by standing invitation to tender for export to all destinations excluding Albania, Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia, Kosovo and Montenegro a total quantity of 852 681 tonnes of sugar accepted into intervention and available for export. The maximum quantities involved per Member State are set out in Annex I. Article 2 1. The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 19 January 2007 and shall end on 24 January 2007 at 15.00, Brussels time. The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time: - on 7 and 21 February 2007, - on 7 and 28 March 2007, - on 18 and 25 April 2007, - on 9 and 23 May 2007, - on 13 and 27 June 2007, - on 11 and 18 July 2007, - on 8 and 29 August 2007, - on 12 and 26 September 2007. 2. Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I. Article 3 The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1). The tenderers shall not be identified. Tenders submitted shall be communicated in electronic form according to be the model laid down in Annex II. When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit. Article 4 1. The Commission shall fix a maximum export refund for white sugar and for raw sugar or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006. 2. The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1039/2006. Where an award at a maximum export refund set pursuant to paragraph 1 would result in that reduced available quantity for a lot being exceeded, that award shall be limited to that reduced available quantity. Where awards for a Member State to all tenderers offering the same export refund for one lot would result in that reduced available quantity for that lot being exceeded, that reduced available quantity shall be awarded as follows: (a) by division among the tenderers concerned in proportion of the total quantities in each of their tenders; or (b) by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or (c) by drawing of lots. 3. The price to be paid by the successful tenderer in accordance with article 42(1)(d) of Regulation (EC) No 952/2006 shall be EUR 632 per tonne for white sugar and EUR 497 per tonne for raw sugar. Article 5 1. Export licence applications and licences shall contain in box 20 one of the entries listed in Annex III. 2. Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued. Article 6 1. On the fifth working day at the latest after the Commission fixes the maximum export refund, the intervention agencies involved shall communicate to the Commission, in the form laid down in Annex IV, the exact quantity sold by partial invitation to tender. 2. Not later than the end of each calendar month in respect of the preceding calendar month, Member States shall notify to the Commission the quantities of sugar of the export licences returned to the competent authorities and the corresponding quantities of sugar exported, taking account of the tolerances permitted by Article 8(4) and (5) of Commission Regulation (EC) No 1291/2000 (5). Article 7 By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, that Regulation shall apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006. Article 8 This Regulation shall enter into force on the third 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, 17 January 2007.

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COMMISSION REGULATION (EC) No 1735/2004 of 5 October 2004 establishing unit values for the determination of the customs value of certain perishable goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 (2), and in particular Article 173(1) thereof, Whereas: (1) Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation. (2) The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, HAS ADOPTED THIS REGULATION: Article 1 The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto. Article 2 This Regulation shall enter into force on 8 October 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 October 2004.

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COUNCIL REGULATION (EEC) No 470/93 of 25 February 1993 temporarily suspending the autonomous Common Customs Tariff duty and the agricultural levy on, and opening and providing for the administration of a Community tariff quota for, certain mixtures of malt sprouts and barley screenings THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas the products referred to in Article 1 have been imported, free of duty and for several years, from the United States into the Community, and classified under CN code 2303 30 00; Whereas Commission Regulation (EEC) No 3802/92 (1) has recently classified the products in question under CN code 2309 90 31 or under CN code 2309 90 41, as appropriate, which provide for collection of the levy; Whereas it is appropriate to adopt measures to avoid a sudden disturbance to trade in the products in question, for the period from 1 January 1992 to 31 March 1993; Whereas, for the period from 1 January to 31 December 1992, collection of the Common Customs Tariff duties and the agricultural levies for the goods in question should be suspended; Whereas, in order to avoid any undue increase in the quantities imported free of duty, it is appropriate to open a duty-free tariff quota of 35 000 tonnes for the period from 1 January to 31 March 1993; Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quota and to guarantee the uninterrupted application of the exoneration from collection of the duties to all imports of the products concerned into all Member States until the quota has been used up; Whereas the decision to open autonomous suspensions and tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of this quota, there is, however, no obstacle to authorizing the Member States to draw from the quota volume the necessary quantities corresponding to actual imports; whereas this method of administration nevertheless requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly; Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within, and jointly represented by, the Benelux Economic Union, all transactions concerning the administration of the quotas may be carried out by any one of its members, HAS ADOPTED THIS REGULATION: Article 1 From 1 January to 31 December 1992, the customs duties and agricultural levies applicable to imports of the products listed below shall be suspended: ex 2309 90 31 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein ex 2309 90 41 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein and not more than 18 % of starch (1) Taric codes: ex 2309 90 31 * 10 ex 2309 90 41 * 30 Article 2 From 1 January to 31 March 1993, the customs duties and the agricultural levies applicable to imports of the products listed below shall be suspended, within the limits of a Community tariff quota of 35 000 tonnes: 09.2901 ex 2309 90 31 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein ex 2309 90 41 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein and not more than 18 % of starch (1) Taric codes: ex 2309 90 31 * 10 ex 2309 90 41 * 30 Article 3 The tariff quota referred to in Article 2 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that it is managed efficiently. Article 4 Where an importer presents a product covered by Article 2 for release for free circulation in a Member State, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the appropriate quota volume. Requests for drawings, indicating the date on which the entries were accepted, must be sent to the Commission without delay. Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation, to the extent that the available balance so permits. If a Member State does not use a drawing in full, it shall return any unused portion to the corresponding quota volume as soon as possible. If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made. Article 5 Each Member State shall ensure that importers of the products listed in Article 2 have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits. Article 6 The Member States and the Commission shall cooperate closely to ensure that Articles 2 to 5 are complied with. Article 7 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 1 shall be applicable from 1 January 1992 and Article 2 shall be applicable from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 February 1993.

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***** COUNCIL REGULATION (EEC) No 789/89 of 20 March 1989 instituting specific measures for nuts and locust beans and amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas the situation on the market for nuts, that is essentially that for almonds, hazelnuts or filberts, walnuts and pistachios, is markedly out of step with technical and commercial requirements from the point of view of both technical production conditions, which are typified by a large number of small holdings and a low level of mechanization, leading in turn to low productivity and high costs, and marketing conditions; Whereas the same situation is a feature of locust bean cultivation; whereas, in certain regions of the Community, such cultivation is closely linked to orchards producing nuts and may be amalgamated with nut cultivation to constitute one homogenous plantation; whereas therefore the measures introduced for nuts should be extended to cover locust beans; Whereas the formation of producers' organizations, placing an obligation on their members to comply with rules adopted by the organizations in order to improve product quality and to adapt the volume of supply to market requirements, would be a suitable way of remedying the said structural deficiencies; whereas provisions for facilitating the formation and operation of such organizations should be adopted; Whereas an incentive of this kind can be provided in the first instance by granting a flat-rate aid for the formation of these organizations which would be paid at the end of the first and second marketing year following the date of an organization's specific recognition by the appropriate Member State, and in addition to the aid provided for in Article 14 of Regulation (EEC) No 1035/72 (2), as last amended by Regulation (EEC) No 2238/88 (3); whereas provisions should be made for the Community to co-finance this scheme by paying 50 % of the aid granted by the Member State; Whereas, in order to allow producers' organizations which produce and market nuts and/or locust beans to concentrate supplies, to stagger the release on to the market of their products, particularly by creating the appropriate storage capacity, and to improve product quality, the creation of revolving funds for these organizations should be encouraged; whereas such an incentive could be provided by financial contributions from the Member State and from the Community to setting up such revolving funds, with a ceiling determined with reference to the value of the products marketed by the producers' organizations over a given marketing year; Whereas in the interests of further encouraging producers who are members of an organization to modernize their orchards in order to meet market requirements, the granting of aid for the formation of an organization and for the creation of a revolving fund should be made conditional on presentation of a quality and marketing improvement plan which must be approved by the national authorities designated by the Member States; whereas, in order to be consistent with the aims of the scheme, this plan must seek primarily to bring about a genetic and cultural improvement of products grown in plantations which are given over to producing one homogenous product and are not scattered among other plantations; whereas a specific aid should be granted for the drawing up of such a plan and should be co-financed by the Member States and the Community; whereas the level of the aid should nevertheless be restricted and the aid itself temporary and degressive to allow a progressive shift of financial responsibility on to the producers; Whereas, in the interests of bringing the products to the attention of all existing and potential users, promoting marketing which is in line with market needs and giving impetus to the activity of nut producers' organizations, provision should be made for the Community to contribute to the financing of measures to develop and improve the consumption and use of these products; Whereas it is appropriate to include locust beans among the products covered by the common organization of the market in fruit and vegetables and to amend Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the markets in certain products listed in Annex II to the Treaty (4), as last amended by Regulation (EEC) No 3911/87 (5), HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1035/72 is hereby amended as follows: 1. The following is added to Article 1 (2): 1.2 // // // 'CN code // Description // // // 1212 10 10 // Locust beans' // // 2. The following indent is added to the first subparagraph of Article 1 (3): '- nuts, fresh or dried, and locust beans from 1 September to 31 August.' 3. The following Title is inserted: 'TITLE IIa Specific measures for nuts and locust beans Article 14a The measures provided for by this Title shall apply to: - almonds falling within CN codes 0802 11 90 and 0802 12 90, - hazelnuts or filberts falling within CN codes 0802 21 00 and 0802 22 00, - walnuts falling within CN codes 0802 31 00 and 0802 32 00, - pistachios falling within CN code 0802 50 00, - locust beans falling within CN code 1212 10 10. Article 14b 1. Without prejudice to Article 14, Member States shall grant an additional flat-rate aid, as an incentive to formation, to producers' organizations whose economic activity centres on the production and marketing of nuts and/or locust beans and which have presented a quality and marketing improvement plan approved by the competent national authorities pursuant to Article 14d. The aid shall be granted to producers' organizations recognized by the competent national authority under the provisions of this Article. 2. The level of the aid referred to in paragraph 1 shall be calculated according to the quantity of nuts and/or locust beans marketed by the producers' organization during the first marketing year which follows the date of its specific recognition, as referred to in paragraph 1. A single amount of aid shall be fixed for each quantity tranche. The aid shall be paid at the end of the first and second marketing years which follow recognition. The aid granted shall be refunded by the European Agricultural Guidance and Guarantee Fund, Guidance Section, at a rate of 50 %. 3. The Member States shall notify to the Commission details of the producers' organizations recognized under this Article, giving their membership figures and the quantities marketed by each during the first marketing year. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the size of the tranches referred to in paragraph 2 and the amount of aid to apply within the span of each tranche. Article 14c 1. Member States shall grant a specific aid to producers' organizations which set up a revolving fund in accordance with this Article and which have presented a quality and marketing improvement plan approved by the competent national authorities pursuant to Article 14d. 2. The revolving fund shall be used to stabilize supply by providing funding for the storage needed to allow an appropriate timing of sales on the market, and to permit an improvement in packaging in the interests of better marketing. The producers' organization shall use the fund in particular to finance storage, sorting, cracking and packaging. 3. The specific aid shall be paid once only, subject to the fund being financed as follows: - 45 % by the producers' organization, - 10 % by the Member State. The Community contribution shall be 45 % of the capital of the fund. However, the overall financial commitment of the Member State and the Community may not exceed 16,5 % of the value of the production marketed by the producers' organization in one marketing year. Article 14d 1. Producers' organizations shall qualify for the aid provided for in Articles 14b and 14c provided they present a quality and marketing improvement plan approved by the competent authorities of the appropriate Member State. The plan referred to in the first subparagraph shall have as its primary aim the improvement, by means of varietal conversion or cultural improvement, of the quality of produce from orchards which are given over to producing one homogenous crop and are not scattered among other plantations and, where needed, the improvement of marketing. It shall implement the types of measures adopted according to the procedure referred to in Article 33. 2. The approved plan shall qualify for Community aid of 45 % for its execution provided it is funded to a level of 45 % by the producers' organizations and a level of 10 % by the Member State. Funding from the Member State and aid from the Community shall nevertheless be subject to a ceiling. The ceiling shall be determined on the basis of the area of a crop which is not scattered among other plantations and on the basis of a maximum amount per hectare. Funding from the Member State and aid from the Community shall be paid over a period of 10 years. The maximum level shall progressively decrease. 3. Acting by a qualified majority on a proposal from the Commission, the Council shall fix: - the maximum amount per hectare imposed on funding from the Member State and aid from the Community, - the rate at which funding from the Member State and aid from the Community shall decrease. 4. Member States shall forward to the Commission the plans submitted to them by the producers' organizations. These plans may be approved by the competent authority of the Member State only after they have been forwarded to the Commission, and once a 60-day period, during which the Commission may request changes or rejection, has elapsed. Article 14e 1. The Community shall provide 50 % of the funding for measures aimed at developing and improving the consumption and use of nuts and/or locust beans in the Community. 2. The measures referred to in paragraph 1 shall have as their aim: - to promote product quality, particularly by means of market research and research into new product uses, including ways to adapt the products to the findings of this research, - the development of new packaging methods, - the dissemination of marketing advice to the various economic operators in the sector, - organization of, and participation in, trade fairs and other events. 3. Following the procedure referred to in Article 33, the Commission shall give details of the measures referred to in paragraph 2 or shall define new measures. Article 14f 1. The aid provided for in Articles 14c, 14d and 14e shall be deemed to be intervention intended to stabilize the agricultural markets within the meaning of Article 3 (1) of Regulation (EEC) No 729/70 (1), as last amended by Regulation (EEC) No 2048/88 (2). 2. As regards the aid referred to in pargraph 1, the Commission may, at the request of the interested Member State and in accordance with the procedure provided for in Article 13 of Regulation (EEC) No 729/70, decide to pay an initial part of allocations on the basis of the quality and marketing improvement plans approved by the Member States. Article 14g The Commission shall, in accordance with the procedure provided for in Article 33, adopt detailed rules for the application of this Title. These rules shall include measures of a kind which will enable use of the financial contribution provided by the Community to be monitored. (1) OJ No L 94, 28. 4. 1970, p. 13. (2) OJ No L 185, 15. 7. 1988, p. 1.' 4. In Annex I, under the heading 'fruit', the following is added: 'almonds, hazelnuts or filberts and walnuts'. Article 2 In the Annex to Regulation (EEC) No 827/68 the line which refers to locust beans falling within CN code 1212 10 10 is deleted. Article 3 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. It shall apply from 1 September 1989. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 March 1989.

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Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Council Directive 70/156/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee(1), Acting in accordance with the procedure laid down in Article 251 of the Treaty(2), Whereas: (1) In order to reduce the number of road accident casualties in the Community, it is necessary to introduce measures so as to improve the protection of pedestrians and other vulnerable road users before and in the event of a collision with the front of a motor vehicle. (2) A package of passive and active measures for improving safety (avoidance of accidents and reduction of secondary effects by traffic calming and infrastructure improvements) for vulnerable road users, such as pedestrians, cyclists and motorcyclists, is urgently needed in the framework of the road safety action programme. (3) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured and to that end a Community type-approval system for motor vehicles is in place; the technical requirements for the type-approval of motor vehicles with regard to pedestrian protection should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market. (4) Pedestrian protection objectives can be achieved by a combination of active and passive safety measures; the recommendations by the European Enhanced Vehicle-Safety Committee (EEVC) of June 1999 are the subject of a wide consensus in this area; those recommendations propose performance requirements for the frontal structures of certain categories of motor vehicles to reduce their aggressiveness; this Directive presents tests and limit values based on the EEVC recommendations. (5) The Commission should examine the feasibility of extending the scope of this Directive to vehicles with a maximum mass of up to 3,5 tonnes, and report its findings to the European Parliament and to the Council. (6) This Directive should be considered as one element of a broader package of measures, to be undertaken by the Community, the industry and the relevant authorities of the Member States, on the basis of exchanges in best practice, in order to address pre-crash (active), in-crash (passive), and post-crash safety of pedestrians and other vulnerable road users, with respect to road users, vehicles and infrastructure. (7) In view of the speed of technological development in this area, alternative measures at least equivalent in terms of actual effectiveness to the requirements of this Directive - either passive or a combination of active and passive measures - may be proposed by the industry and shall be assessed following a feasibility study carried out by independent experts by 1 July 2004; the introduction of alternative measures at least equivalent in terms of actual effectiveness would require adapting or amending this Directive. (8) Because of the ongoing research and technical progress in the area of pedestrian protection, it is appropriate to introduce a degree of flexibility in this field. Accordingly, this Directive should establish the fundamental provisions regarding pedestrian protection in the form of tests to be complied with by new types of vehicles and by new vehicles. The technical prescriptions for the application of such tests should be adopted by Commission decision. (9) The rapidly advancing technology in active safety means that collision mitigation and avoidance systems could provide major safety benefits, for example in reducing collision speed and adjusting impact direction. The development of such technologies should be encouraged by this Directive. (10) The associations representing the European, Japanese and Korean motor vehicle manufacturers have made commitments to start applying the EEVC recommendations concerning limit values and tests, or agreed alternative measures of at least equivalent effect, as from 2010, and a first set of limit values and tests as from 2005 to new types of vehicles and to apply the first set of tests to 80 % of all new vehicles as from 1 July 2010, to 90 % of all new vehicles as from 1 July 2011 and to all new vehicles as from 31 December 2012. (11) This Directive should also contribute to establishing a high level of protection in the context of the international harmonisation of legislation in this area, which started under the 1998 Agreement of the UN/ECE concerning the establishment of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles. (12) This Directive is one of the separate Directives which have to be complied with in order to conform to the EC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(3). (13) Directive 70/156/EEC should therefore be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to the frontal surfaces of vehicles. For the purpose of this Directive, "vehicle" means any motor vehicle as defined in Article 2 of and Annex II to Directive 70/156/EEC, of category M1, of a maximum mass not exceeding 2,5 tonnes, and N1 derived from M1, of a maximum mass not exceeding 2,5 tonnes. 2. The purpose of this Directive is to reduce injuries to pedestrians and other vulnerable road users who are hit by the frontal surfaces of the vehicles defined in paragraph 1. Article 2 1. With effect from 1 January 2004 no Member State may, on grounds relating to pedestrian protection: - refuse, in respect of a type of vehicle, to grant EC type-approval, or national type-approval, or - prohibit the registration, sale or entry into service of vehicles, provided that the vehicles comply with the technical provisions set out in section 3.1. or 3.2. of Annex I. 2. With effect from 1 October 2005, Member States shall no longer grant: - EC type-approval, or - national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with. 3. Paragraph 2 shall not apply to vehicles which do not differ with respect to their essential aspects of bodywork construction and design forward of the A pillars from vehicle types which have been granted EC type-approval or national type-approval before 1 October 2005 and which have not already been approved under this Directive. 4. With effect from 1 September 2010, Member States shall no longer grant: - EC type-approval, or - national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I to this Directive are not complied with. 5. With effect from 31 December 2012, Member States shall: - consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and - prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with. 6. With effect from 1 September 2015, Member States shall: - consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and - prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I are not complied with. Article 3 Subject to the provisions of Article 2, Member States shall ensure that the tests laid down in section 3.1. or 3.2. of Annex I are carried out in accordance with the technical prescriptions to be specified by Commission decision. Article 4 Every month the approval authorities of the Member States shall each send to the Commission a copy of the type-approval certificate, the model for which is set out in Appendix 2 to Annex II, in respect of each vehicle they have approved in accordance with this Directive during that month. Article 5 1. The Commission, acting on the basis of relevant information communicated by the approval authorities and interested parties as well as of independent studies, shall monitor the progress made by the industry in the area of pedestrian protection, and shall carry out, by 1 July 2004, an independent feasibility assessment concerning the provisions of Annex I, section 3.2, and in particular alternative measures - either passive or a combination of active and passive measures - which are at least equivalent in terms of actual effectiveness. The feasibility study shall be based, inter alia, on practical tests and independent scientific studies. 2. If, as a result of the feasibility assessment referred to in paragraph 1, it is considered necessary to adapt the provisions of Annex I, section 3.2, to include a combination of passive and active measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, the Commission shall submit a proposal to the European Parliament and the Council to amend this Directive accordingly. 3. As long as adaptation of this Directive is restricted to the introduction of alternative passive measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, such adaptation may be carried out by the Committee for Adaptation to Technical Progress, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. 4. Before 1 April 2006, and every two years thereafter, the Commission shall report to the European Parliament and the Council on the results of the monitoring referred to in paragraph 1. Article 6 Directive 70/156/EEC is hereby amended as follows: 1. The following points shall be inserted in Annex I: "9.23. Pedestrian protection 9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed." 2. The following points shall be inserted in Section A of Annex III: "9.23. Pedestrian protection 9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed." 3. The following item 58 and footnotes shall be inserted in Part I of Annex IV: TABLE " 4. Annex XI shall be amended as follows: - the following item 58 shall be inserted in Appendix 1: TABLE " - the following item 58 shall be inserted in Appendix 2: TABLE " - the following item 58 shall be inserted in Appendix 3: TABLE " Article 7 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest. They shall forthwith inform the Commission thereof. They shall apply these measures with effect from 1 January 2004. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 8 This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. Article 9 This Directive is addressed to the Member States. Done at Brussels, 17 November 2003.

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Council Decision of 24 September 2001 on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2001 (2001/877/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(1), thereof, Having regard to the proposal from the Commission, Whereas: (1) The International Coffee Council approved the text of the International Coffee Agreement 2001 by Resolution No 393 of 28 September 2000. (2) This new Agreement has been negotiated to replace the International Coffee Agreement 1994 which was extended to 30 September 2001. (3) The International Coffee Agreement 2001 is open for signature and deposit of the instruments of ratification, acceptance or approval up to 25 September 2001. (4) The Community is a member of the 1994 International Agreement, as extended, and it is therefore in its interest to approve the agreement which replaces it. (5) Notwithstanding the exclusive Community competence in this matter, and in order to avoid certain temporary operational difficulties, it is appropriate to authorise the Member States to conclude the Agreement at the same time as the Community and to participate on a temporary basis in the new arrangement. (6) Member States should ensure that the Community's participation in the Agreement is regularised in accordance with the applicable Treaty provisions, HAS DECIDED AS FOLLOWS: Article 1 The International Coffee Agreement 2001 is hereby approved on behalf of the European Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is authorised to designate the person authorised to sign the Agreement and deposit the instrument of approval on behalf of the Community by 25 September 2001. Article 3 The Community and the Member States shall ensure that, within a year from its entry into force, the provisions of the International Coffee Agreement which create operational difficulties for the sole Community membership are amended. Done at Brussels, 24 September 2001.

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Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder 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), as amended by Regulation (EC) No 1040/2000(2), and in particular Article 10 thereof, Whereas: (1) Regulation (EC) No 1255/1999 replaced Council Regulation (EEC) No 804/68(3) and also, inter alia, Council Regulation (EEC) No 777/87(4) dealing with the buying-in arrangements for butter and skimmed-milk powder. In view of those new arrangements and in the light of the experience gained, the detailed rules governing intervention on the market in skimmed-milk powder should be amended. In the interests of clarity, therefore, the recasting of the specific regulations which previously governed the various aspects of intervention, namely Commission Regulations (EEC) No 2213/76 of 10 September 1976 on the sale of skimmed-milk powder from public storage(5), as last amended by Regulation (EC) No 2080/96(6), (EEC) No 1362/87 of 18 May 1987 laying down detailed rules for the application of Regulation (EEC) No 777/87 with respect to the buying-in and the granting of aid for the private storage of skimmed-milk powder(7), as last amended by Regulation (EC) No 569/96(8), (EEC) No 1158/91 of 3 May 1991 on the buying-in by tender of skimmed-milk powder to intervention agencies(9), as last amended by Regulation (EC) No 124/1999(10), and (EC) No 322/96 of 22 February 1996 laying down detailed rules of application for the public storage of skimmed-milk powder(11), as last amended by Regulation (EC) No 419/98(12), should be undertaken and their provisions should be brought together in a single regulation. (2) The intervention agencies may only buy in skimmed-milk powder which meets the requirements laid down in Article 7(1) of Regulation (EC) No 1255/1999 as well as the conditions of quality and presentation, which need to be defined. The methods of analysis and detailed rules governing quality control should also be specified and, if the situation so requires, provision should be made for checks of the radioactivity in skimmed-milk powder, the maximum levels of which need to be established, where appropriate, by Community legislation. (3) To ensure that the intervention arrangements function smoothly, it is necessary to specify the conditions for the approval of manufacturing undertakings and verification of compliance therewith. To ensure that the arrangements are effective, provision should be made for action to be taken if these conditions are not complied with. Since skimmed-milk powder may be bought in by an intervention agency belonging to a Member State other than that on whose territory it was produced, the intervention agency which does the buying-in should be able to verify that the conditions relating to quality and presentation are complied with in such cases. (4) Failure to comply with such requirements should not burden the Community budget; non-compliant skimmed-milk powder should therefore be taken back by the operator, who should be made to bear the storage costs incurred. (5) The minimum quantity offered for sale should be specified. Offers should be accompanied by a security, in order to guarantee that the offer will be maintained and that the skimmed-milk powder will be delivered within the time limits to be laid down. (6) Under Article 7 of Regulation (EC) No 1255/1999, intervention agencies may buy in only skimmed-milk powder which has a minimum protein content. Furthermore, the buying-in price may vary according to the protein content. The method for calculating the buying-in price should be defined. (7) Member States' obligations should be specified with a view to the proper management of stocks in storage, by stipulating a maximum distance for the place of storage and the costs to be borne when that distance is exceeded, and requiring, in particular, that stocks be accessible, that batches be identified and that skimmed-milk powder in storage be insured against risks. In order to ensure a uniform frequency and level of checks, it is necessary to specify the nature and number of inspections of storage premises to be performed by the national authorities. Since intervention agencies are bound by existing contracts for the current storage period, provision should be made whereby the new requirements to be met by storage depots regarding entry into and removal from storage will apply only to quantities of skimmed-milk powder bought into intervention from 1 September 2000. (8) Under Article 7(2) of Regulation (EC) No 1255/1999, the buying-in of skimmed-milk powder may be suspended as soon as the quantities offered for intervention in the period from 1 March to 31 August each year exceed 109000 tonnes. When that occurs, buying-in may be performed under a standing invitation to tender, the detailed rules for which need to be laid down. The components of the tender, particularly the minimum quantity, the time limits for submission and the maximum buying-in price should be defined. To ensure compliance with the requirements as to the quality and presentation of the skimmed-milk powder at the time of the tender and after entry into storage, tenderers should be required to submit a written undertaking to that effect, together with their tender. A security should also accompany a tender, in order to guarantee that the tender will be maintained after the closing date for submission of tenders and that the skimmed-milk powder will be delivered within certain deadlines to be laid down. Furthermore, the method used for calculating the buying-in price by reference to the protein content of the skimmed-milk powder bought in should be defined. (9) Proper management of intervention stock requires the skimmed-milk powder to be resold as soon as outlets become available. To ensure equal access to skimmed-milk powder for sale, all interested parties should be able to buy. In order not to destabilise the market, the selling price should be fixed having regard to the market situation. Conditions for sale, entailing the lodging of a performance bond, should be laid down, particularly as regards the taking-over of the skimmed-milk powder and the time limits for payment. In order to monitor the situation of stocks, Member States should inform the Commission of the quantities of skimmed-milk powder sold. (10) Article 7(3) of Regulation (EC) No 1255/1999 provides for aid to be granted for the private storage of skimmed-milk powder. To ensure that the arrangements can be monitored properly, provision should be made for a contract and a set of specifications regarding storage conditions. For the same reason, detailed rules should also be laid down regarding documentation, accounting and the frequency of checks and inspection procedures, particularly in respect of the requirements laid down in Article 7(3). To facilitate checks on the presence of products stored under private storage contracts, there should be provision for them to be removed from storage in lots unless the Member State authorises removal of a smaller quantity. (11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION: CHAPTER I SCOPE Article 1 This Regulation lays down the detailed rules for intervention on the market in skimmed-milk powder as provided for in Article 7 of Regulation (EC) No 1255/1999, as regards: (a) buying-in at the intervention price; (b) buying-in under a standing invitation to tender; (c) the sale at a fixed price of skimmed-milk powder from public storage; (d) the grant of private storage aid. CHAPTER II PUBLIC STORAGE Section 1 Conditions for buying-in Article 2 1. The intervention agencies shall buy in only skimmed-milk powder which complies with the first and second subparagraphs of Article 7(1) of Regulation (EC) No 1255/1999 and paragraphs 2 to 7 of this Article and which is offered for intervention in the period from 1 March to 31 August. 2. The competent authorities shall check the quality of skimmed-milk powder using the analytical methods set out in Annex I on the basis of samples taken in accordance with the rules set out in Annex III. The checks must establish that the skimmed-milk powder does not contain other products, in particular buttermilk or whey, as defined in Annex I. However, if the Commission so agrees, Member States may set up a system of self-checking under their own supervision for certain quality requirements and certain approved undertakings. 3. Radioactivity levels in the skimmed-milk powder may not exceed the maximum levels permitted, where applicable, under Community rules. The level of radioactive contamination of the product shall be monitored if the situation so requires and during the period necessary only. Where necessary, the duration and scope of checks shall be determined in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999. 4. The skimmed-milk powder must have been manufactured during the 30 days preceding the day on which the intervention agency received the offer to sell. If the skimmed-milk powder is stored in silos, it must have been manufactured during the four weeks preceding the week during which the offer was received. 5. The minimum quantity offered for sale shall be 20 tonnes. Member States may require skimmed-milk powder to be offered by the complete tonne only. 6. The skimmed-milk powder shall be put up in bags of a net weight of 25 kg meeting the requirements laid down in Annex II and showing the following particulars, where appropriate in code: (a) the approval number identifying the factory and the Member State of manufacture; (b) the date or, where appropriate, the week of manufacture; (c) the number of the manufacturing batch; (d) the description "spray skimmed-milk powder". 7. The skimmed-milk powder shall be delivered on pallets suitable for long-term storage: If delivery is on expendable pallets, the buying-in price of the skimmed-milk powder shall cover purchase of the pallet. If delivery is on EUR palettes or palettes of a comparable quality, they shall be returned to the seller or exchanged against equivalent palettes not later than on removal from storage. Article 3 1. Undertakings as referred to in Article 7(1) of Regulation (EC) No 1255/1999 shall be approved only if they: (a) are approved in accordance with Article 10 of Council Directive 92/46/EEC(13), and have the appropriate technical equipment; (b) undertake to keep permanent records in the form determined by the competent agency of each Member State, listing the origin of the raw materials, the quantities of skimmed-milk powder, buttermilk and whey obtained and the market preparation, identification and exit date of each batch of skimmed-milk powder, buttermilk and whey; (c) agree to submit their production of skimmed-milk powder liable to be offered for intervention to a specific official inspection; (d) undertake to inform the body responsible for inspection, at least two working days in advance, of their intention to manufacture skimmed-milk powder for public intervention; however, the Member State may set a shorter time limit. 2. To ensure compliance with this Regulation, the competent authorities shall carry out unannounced on-the-spot inspections, on the basis of the intervention skimmed-milk powder production schedule of the undertakings concerned. They shall carry out at least: (a) one inspection per period of 28 days of manufacture for intervention, with at least one inspection every six months, to examine the records referred to in paragraph 1(b); (b) one inspection every six months, to verify compliance with the other approval requirements referred to in paragraph 1. 3. Approval shall be withdrawn if the prior requirements laid down in paragraph 1(a) are no longer satisfied. Approval may be reinstated after no less than six months, at the request of the undertaking concerned, following an in-depth inspection. Where an undertaking is found not to have complied with one of its undertakings as referred to in paragraph 1(b), (c) and (d), except in cases of force majeure, approval shall be suspended for a period of between 1 and 12 months, depending on the seriousness of the irregularity. A Member State shall not impose the said suspension where it finds that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minimal importance in terms of the effectiveness of the checks provided for in paragraph 2. 4. A report shall be drawn up on the inspections carried out under paragraphs 2 and 3 specifying: (a) the date of the check; (b) its duration; (c) the operations carried out. The report shall be signed by the inspector responsible and notified to the undertaking. 5. Member States shall inform the Commission of the measures taken with regard to the inspections provided for in paragraphs 2 and 3 within one month of their adoption. Article 4 1. Where skimmed-milk powder is offered for intervention in a Member State other than that in which it was manufactured, buying-in shall be subject to presentation, no later than 45 days after the day on which the offer was received, of a certificate supplied by the competent agency of the Member State of manufacture. The certificate shall contain the information referred to in points (a), (b) and (c) of Article 2(6) and a confirmation that the skimmed-milk powder has been produced directly and exclusively from skimmed milk, within the meaning of Article 7(5) of Regulation (EC) No 1255/1999, in an approved undertaking in the Community. 2. Where the Member State of manufacture has performed the checks referred to in Article 2(2), the certificate shall also contain the results of those checks and confirm that the product concerned is skimmed-milk powder within the meaning of Article 7(1) of Regulation (EC) No 1255/1999. In that case, the bags referred to in Article 2(6) shall be sealed with a numbered label issued by the competent authority of the Member State of manufacture. The number shall be entered on the certificate referred to in paragraph 1. Section 2 Procedure for buying-in at the intervention price Article 5 1. Offers shall give: (a) the name and address of the seller; (b) the quantity offered; (c) the place where the skimmed-milk powder is held. 2. The intervention agency shall register the date on which the offer is received, the corresponding quantities and dates of manufacture and the place at which the skimmed-milk powder is stored. Where buying-in at the intervention price is suspended in accordance with the first subparagraph of Article 7(2) of Regulation (EC) No 1255/1999, reception and registration of offers shall be interrupted from the day following that on which the suspension decision is taken. 3. Offers shall be valid only if: (a) they relate to a quantity of skimmed-milk powder meeting the requirements of Article 2(5); (b) they are accompanied by a written undertaking by the seller to comply with Articles 2(4) and 9; (c) proof is furnished that the seller has lodged a security of EUR 2 per 100 kg in the Member State in which the offer is submitted, no later than the day on which the offer is received. 4. The undertaking provided for in paragraph 3(b), if sent initially to the intervention agency, shall be valid by tacit renewal for subsequent offers until explicitly cancelled by the seller or the intervention agency, provided that: (a) the original offer stipulates that the seller intends to avail himself of this provision; (b) subsequent offers refer to this provision (by a reference to "Article 5(4)") and to the date of the original offer. Article 6 Maintenance of the offer and delivery of the skimmed-milk powder to the depot designated by the intervention agency within the time limit laid down in Article 7(2) shall constitute primary requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85(14). Article 7 1. After checking the offer, and within five working days following the day of receipt, the intervention agency shall issue a dated and numbered delivery order showing: (a) the quantity of the skimmed-milk powder to be delivered; (b) the final date for delivery; (c) the storage depot to which it must be delivered. 2. The skimmed-milk powder shall be delivered within 28 days of the day of receipt of the offer to sell. Delivery may be in several consignments. 3. The security referred to in point (c) of Article 5(3) shall be released as soon as the quantity indicated in the offer has been delivered. However, where the checks referred to in Article 2(2) show that the skimmed-milk powder does not conform to the requirements laid down in that Article, the security shall nevertheless be released for the quantities not yet delivered. 4. The skimmed-milk powder shall be deemed to be taken over by the intervention agency on the day when the full quantity of skimmed-milk powder covered by the offer enters the storage depot designated by the intervention agency, but no earlier than the day after the delivery order is issued. 5. Except in cases of force majeure, where the seller fails to deliver within the time limit laid down, not only shall the security provided for in point (c) of Article 5(3) be forfeit in proportion to the quantities not delivered, but buying-in shall also be cancelled in respect of the remaining quantities. Article 8 1. The intervention agency shall pay for the skimmed-milk powder taken over between the 120th and the 140th day following the date of taking-over, provided that it is found to comply with the requirements laid down in Article 2. 2. Where the protein content of the non-fat dry matter, determined using the method described in Annex I, is 35,6 % or more, the buying-in price shall be equal to the intervention price applicable on the day on which the skimmed-milk powder was manufactured. Where that protein content is 31,4 % or more but less than 35,6 %, the buying-in price shall be equal to the intervention price less an amount calculated as follows: intervention price x ((0,356 - protein content) x 1,75). Article 9 In making the offer the seller shall undertake, should the inspection show that the skimmed milk powder does not comply with the requirements laid down in Article 2: (a) to take back the goods in question; (b) before taking back the goods, to pay the storage costs for the quantities concerned from the date they are taken over to the date of their removal from storage. The storage costs due shall be determined on the basis of flat-rate amounts for entry, removal and storage costs, set pursuant to Article 6 of Council Regulation (EEC) No 1883/78(15). Section 3 Entry into and removal from storage Article 10 1. The stores referred to in the fourth subparagraph of Article 7(1) of Regulation (EC) No 1255/1999 shall: (a) be dry, well maintained and free of vermin; (b) be free of extraneous odours; (c) permit good ventilation; (d) have a capacity of at least 1000 tonnes and removal facilities able to accommodate the removal each day of at least 3 % of the quantity stored in the depot, at a minimum rate of 100 tonnes per day. For the purposes of this requirement, only the quantities of skimmed-milk powder bought in from 1 September 2000 shall be taken into account. The risks of storing the skimmed-milk powder shall be covered by insurance in the form of either a contractual obligation on storers or a comprehensive coverage of the liability borne by the intervention agency. The Member State may also act as its own insurer. 2. The intervention agencies shall require that the skimmed-milk powder be placed and kept in storage on pallets and in easily identifiable and readily accessible lots. 3. The competent authority responsible for inspection shall check on the presence of the products in the depot as provided for in Article 4 of Commission Regulation (EC) No 2148/96(16). Article 11 1. The intervention agency shall choose the available storage depot nearest to the place where the skimmed-milk powder is stored. However, it may choose another depot situated within the distance referred to in paragraph 2. It may choose a depot situated beyond that distance, taking account of storage and transport costs. In that case the intervention agency shall notify the Commission of its choice forthwith. 2. The maximum distance referred to in the third subparagraph of Article 7(1) of Regulation (EC) No 1255/1999 shall be 350 km. Beyond that distance, the additional transport costs borne by the intervention agency shall be EUR 0,05 per tonne and per kilometre. However, where the intervention agency buying in the skimmed-milk powder offered for sale is in a Member State other than that in whose territory it is stored, no account shall be taken of the distance between the storage depot of the seller and the border of the Member State of the purchasing intervention agency when calculating the maximum distance referred to in the first subparagraph. Article 12 1. At the time of removal from storage, the intervention agency shall make the skimmed-milk powder available on pallets at the depot's loading bay, loaded onto the means of transport but not stowed. Where the skimmed-milk powder is made available on EUR pallets or pallets of comparable quality, the buyer shall return equivalent pallets to the intervention agency on removal from storage. 2. The stowage costs and any depalletising costs shall be borne by the buyer of the skimmed milk powder. These costs shall be fixed by the Member State on a flat-rate basis and notified on request to interested parties. The Commission shall be informed thereof within one month following adoption of this Regulation and prior to any changes subsequently made. Section 4 Special rules applicable to buying-in by tendering procedure Article 13 Where the Commission decides that skimmed-milk powder is to be bought in through an open standing invitation to tender pursuant to Article 7(2) of Regulation (EC) No 1255/1999 and in accordance with the procedure under Article 42 thereof, Articles 2, 3, 4, 10, 11 and 12 of this Regulation shall apply unless otherwise provided in this section. Article 14 1. Notices of invitation to tender shall be published in the Official Journal of the European Communities. 2. The period for the submission of tenders for each round shall expire at 12 noon (Brussels time), on the second and fourth Tuesdays of the month, except for the second Tuesday in August. If the Tuesday is a public holiday, the closing date shall be the last preceding working day at noon (Brussels time). Article 15 1. Interested parties shall participate in the tendering procedure announced by the intervention agency of a Member State, either by submitting a written tender against a receipt or by any means of telecommunication with proof of receipt. 2. Tenders must give: (a) the name and address of the tenderer; (b) the quantity offered; (c) the proposed price per 100 kg of skimmed-milk powder, not including national taxes, delivered on pallets to the loading bay of the storage depot, in euro to no more than two decimal places; (d) the place at which the skimmed-milk powder is stored. 3. Tenders shall be valid only if: (a) they relate to skimmed-milk powder manufactured during the 21 days or, where applicable, three weeks preceding the closing date for submission of tenders as referred to in Article 14(2). Where the interval between two invitations to tender is longer than 21 days, the skimmed-milk powder may have been manufactured during that period; (b) they relate to a quantity of skimmed-milk powder complying with Article 2(5); (c) they are accompanied by a written undertaking from the tenderer to comply with point (a) of this paragraph and with Article 9; (d) proof is furnished that the tenderer has lodged a security of EUR 2 per 100 kg for the invitation to tender concerned, in the Member State in which the tender was submitted, before the closing date for submission of tenders. 4. The undertaking provided for in point (c) of paragraph 3, if forwarded initially to the intervention agency, shall be valid by tacit renewal for subsequent tenders until explicitly cancelled by the tenderer or the intervention agency, provided that: (a) the original tender stipulates that the tenderer intends to avail himself of this provision, (b) subsequent tenders refer to this provision (by reference to "Article 15(4)") and to the date of the original tender. 5. Tenders may not be withdrawn after the closing date referred to in Article 14(2) for the submission of tenders relating to the invitation to tender concerned. Article 16 Maintenance of the tender after the closing date for submission of tenders and delivery of the skimmed-milk powder to the depot designated by the intervention agency within the time limit laid down in Article 19(3) shall constitute primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85. Article 17 1. Member States shall inform the Commission of the quantities and prices offered by tenderers, no later than 9.00 a.m. (Brussels time) on the day after the closing date referred to in Article 14(2). 2. In the light of the tenders received for each invitation to tender, the Commission shall fix a maximum buying-in price, by reference to the intervention prices applicable, in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999. 3. The Commission may decide to make no award under the round. Article 18 1. Tenders shall be refused if the price proposed is higher than the maximum price referred to in Article 17(2) fixed for the invitation to tender concerned. 2. Rights and obligations arising under invitations to tender shall not be transferable. Article 19 1. The intervention agency shall inform tenderers immediately of the outcome of their participation in the invitation to tender. Where tenders have been unsuccessful, the security referred to in point (d) of Article 15(3) shall be released immediately. 2. The intervention agency shall immediately issue to successful tenderers a dated and numbered delivery order indicating: (a) the quantity to be delivered; (b) the final date for delivery of the skimmed-milk powder; (c) the storage depot to which it must be delivered. 3. Successful tenderers shall deliver the skimmed-milk powder not later than 28 days after the closing date for the submission of tenders. Delivery may be made in several consignments. 4. The security shall be released as soon as the successful tenderer has delivered the quantity indicated on the delivery order within the time limit laid down. 5. Except in cases of force majeure, where the successful tenderer fails to deliver within the time limit laid down, not only shall the security provided for in point (d) of Article 15(3) be forfeit in proportion to the quantities not delivered, but buying-in shall also be cancelled in respect of the remaining quantities. Article 20 1. The intervention agency shall pay the successful tenderer the price indicated in paragraph 2 of this Article, between the 120th and the 140th day following the date on which the skimmed-milk powder is taken over, provided that it is found to comply with Article 2(1), (2), (3), (5), (6) and (7) and Article 15(3)(a). 2. Where the protein content of the non-fat dry matter, determined using the method described in Annex I, is 35,6 % or more, the buying-in price shall be equal to the price indicated in the tender. Where that protein content is 31,4 % or more but less than 35,6 %, the buying-in price shall be equal to the price indicated in the tender less an amount calculated as follows: price tendered x ((0,356 - protein content) x 1,75). 3. The skimmed-milk powder shall be deemed to be taken over by the intervention agency on the day when full quantity of skimmed-milk powder covered by the tender enters the storage depot designated by the intervention agency, but no earlier than the day after the delivery order is issued. Section 5 Sales Article 21 Intervention agencies in the Member States shall sell to any interested party skimmed-milk powder which they hold and which entered storage before 1 September 1997. Article 22 1. Skimmed-milk powder shall be sold ex-storage depot at a price equal to the intervention price fixed in Article 4(1)(b) of Regulation (EC) No 1255/1999 and applying on the day on which the sale contract is concluded, plus EUR 1 per 100 kg. 2. Applications to purchase shall state: (a) the name and address of the buyer; (b) the quantity desired; (c) where applicable, the depot where the skimmed-milk powder is stored and, if desired, a substitute depot. 3. Applications to purchase shall be valid only if: (a) they relate to at least 10 tonnes: however, where the remaining quantity in a storage depot is less than 10 tonnes, the sale shall relate to that remaining quantity; (b) proof is furnished that the buyer has lodged a security equal to EUR 7 per 100 kg, in order to ensure that the primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 are fulfilled as regards the taking over of the skimmed-milk powder within the time limit laid down in the first subparagraph of Article 24(1) of this Regulation. Article 23 1. For the purposes of sale, the intervention agency shall award the skimmed-milk powder according to the date when it was placed in storage, starting with the oldest of the total available quantity or, as the case may be, the quantity available in the storage depot or depots designated by the buyer. 2. Where acceptance of an application to purchase would result in the sale of a quantity exceeding the skimmed-milk powder still available in the depot concerned, only the quantity available shall be awarded to the buyer in question. However, the intervention agency may designate other depots to make up the quantity applied for, provided that the buyer agrees. 3. Where the acceptance of two or more applications to purchase skimmed-milk powder in a particular depot would lead to the sale of a quantity in excess of that available, the award shall be made by allocating the quantity available in proportion to the quantities applied for. However, should such allocation lead to the award of quantities of less than five tonnes, the award shall be made by drawing lots. 4. All valid applications to purchase reaching the intervention agency on the same day shall be deemed to have been submitted at the same time. 5. Intervention agencies shall make the necessary arrangements to enable interested parties to examine samples of the skimmed-milk powder put up for sale at their own expense before concluding the contract of sale. Article 24 1. The buyer shall take delivery of the skimmed-milk powder within one month from the date of conclusion of the contract of sale. Delivery may be taken in instalments of not less than 10 tonnes each. However, where the remaining quantity in a storage depot is less than 10 tonnes, that remaining quantity may be delivered. 2. Before taking delivery of each quantity of skimmed-milk powder, the buyer shall pay the intervention agency the price corresponding to the quantity being delivered. 3. Except in cases of force majeure, the sales contract shall be terminated in respect of any quantities of which the buyer has not taken delivery within the period specified in paragraph 1. 4. The security provided for in point (b) of Article 22(3) shall be forfeit in respect of any quantities for which the contract of sale is terminated in accordance with paragraph 3 of this Article. It shall be released immediately in respect of quantities of which delivery is taken within the prescribed period. 5. In the event of force majeure the intervention agency shall take such action as it considers necessary having regard to the circumstances invoked. CHAPTER III PRIVATE STORAGE Section 1 Contract and storage conditions Article 25 For the purposes of this chapter: (a) "storage lot" means a quantity weighing at least 10 tonnes and of homogeneous composition and quality, originating in a single factory, taken into storage in a single depot on a single day; (b) "day of commencement of contractual storage" means the day following that of entry into store; (c) "last day of contractual storage" means the day before that of removal from storage. Article 26 Where the Commission decides to grant aid for the private storage of skimmed-milk powder in accordance with Article 7(3) of Regulation (EC) No 1255/1999, private storage contracts shall be concluded between the intervention agency of the Member State on whose territory the skimmed-milk powder is stored and natural or legal persons, hereinafter called "contractors". Article 27 Private storage contracts may be concluded only for skimmed-milk powder, as referred to in the first subparagraph of Article 7(3) of Regulation (EC) No 1255/1999, which: (a) contains not more than 11 % fat and 5 % water and has a protein content of the non-fat dry matter of at least 31,4 %; (b) has been manufactured during the 28 days or four weeks preceding the day of commencement of contractual storage in an undertaking approved in accordance with points (a) and (b) of Article 3(1) and which agrees to submit its production of skimmed-milk powder liable to be covered by a storage contract to a specific official inspection; (c) has a radioactivity level not exceeding the maximum levels referred to in Article 2(3); (d) is stored in bags with a net content of 25 kg or in "big bags" weighing no more than 1500 kg, bearing the following information, where appropriate in code: (i) the approval number identifying the factory and the Member State of manufacture, (ii) the date or week of manufacture, (iii) the number of the manufacturing batch, (iv) the net weight; (e) has not been placed under the arrangements referred to in Article 5(1) of Council Regulation (EEC) No 565/80(17); subsequent placing under those arrangements shall be regarded as ending the contractual storage period. Article 28 1. Storage contracts shall be concluded in writing for one or more storage lots and shall include, in particular, provisions concerning: (a) the quantity of skimmed-milk powder to which the contract applies; (b) the amount of aid; (c) the dates relating to the execution of the contract, without prejudice to a Commission decision pursuant to the second sentence of the third subparagraph of Article 7(3) of Regulation (EC) No 1255/1999 and in accordance with the procedure under Article 42 thereof; (d) the identity of the storage depots. 2. The checks, particularly those referred to in Article 33, shall be the subject of specifications drawn up by the intervention agency of the Member State of storage. The storage contract shall refer to these specifications. Article 29 1. The periods of entry into and removal from storage shall be fixed at the time of the decision to grant private storage aid for skimmed-milk powder. 2. Removal from storage shall be in whole storage lots. However, in the circumstances referred to in point (a) of Article 33(2), only a sealed quantity may be removed from storage. Article 30 1. Applications to conclude contracts with the intervention agency may relate only to lots of skimmed-milk powder which have been fully taken into storage. Applications must reach the intervention agency within no more than 30 days of the date of entry into storage. Intervention agencies shall register the date of receipt. If an application reaches the intervention agency within 10 working days following the deadline, a storage contract may still be concluded but the aid shall be reduced by 30 %. 2. Storage contracts shall be concluded within no more than 30 days of the date of registration of the application. Article 31 Where the skimmed-milk powder is stored in a Member State other than the Member State of manufacture, a storage contract as referred to in Article 30 may be concluded only on condition that a certificate supplied by the competent agency of the Member State of manufacture is presented within 50 days of the date on which the skimmed-milk powder entered storage. This certificate shall indicate the approval number identifying the factory and the Member State of manufacture, the date or week of manufacture and the number of the manufacturing batch, and shall confirm that the product concerned is skimmed-milk powder as referred to in the first subparagraph of Article 7(3) of Regulation (EC) No 1255/1999. In the case referred to in the first paragraph of this Article, storage contracts shall be concluded within no more than 60 days of the date of registration of the application. Section 2 Checks Article 32 1. The Member State shall ensure that all the conditions conferring entitlement to payment of the aid are fulfilled. 2. The contractor or, at the request of the Member State or with its authorisation, the person responsible for the storage depot, shall make available to the competent authority responsible for inspection any documentation permitting verification of the following particulars of products placed in private storage: (a) the approval number identifying the factory and the Member State of manufacture; (b) the date of manufacture; (c) the date of entry into storage; (d) the manufacturing batch number; (e) presence in the depot and the address of the depot; (f) the date of removal from storage. 3. The contractor or, where applicable, the person responsible for the storage depot shall keep stock records available at the depot for each contract, covering: (a) the storage lot number of the products placed in private storage; (b) the dates of entry into and removal from storage; (c) the quantity of skimmed-milk powder, indicated per storage lot; (d) the location of the products in the depot. 4. Products stored shall be easily identifiable and easily accessible. They shall be identified individually by contract. Article 33 1. On entry into storage the competent authority shall conduct checks within the period beginning on the date of entry into the store and ending 28 days after the date of registration of the application for conclusion of the contract. To ensure that the products stored are eligible for aid, the checks shall be made on a representative sample of at least 5 % of the quantities placed in storage to ensure that the storage lots in their entirety physically conform to the application for conclusion of a contract as regards the weight, identification and nature of the products. 2. The competent authority shall: (a) either seal the products by contract, storage lot or smaller quantity at the time of the check provided for in paragraph 1; (b) or make an unannounced check, by random sampling, to ensure that the products are present in the depot. The random sample concerned shall be representative and shall correspond to at least 10 % of the total quantity under contract for a private storage aid measure. 3. At the end of the contractual storage period, the competent authority shall check, by random sampling, to verify weight and identification. However, where the skimmed-milk powder is still in storage after expiry of the maximum contractual storage period, this check may be made when the product is removed from storage. For the purposes of the check, the contractor shall inform the competent authority, indicating the storage lots concerned, at least five working days before: (a) the end of the maximum contractual storage period of 180 days; or (b) the start of the removal operations, where these take place during or after the 180 day period. The Member State may accept a shorter time limit than five working days. 4. A report shall be drawn up on the checks carried out under paragraphs 1, 2 and 3, specifying: (a) the date of the check; (b) its duration; (c) the operations carried out. The report shall be signed by the inspector responsible and countersigned by the contractor or, as the case may be, the person responsible for the storage depot, and shall be included in the payment dossier. 5. In the event of irregularities affecting at least 5 % of the quantities of products checked, the check shall be extended to a larger sample to be determined by the competent authority. The Member States shall notify such cases to the Commission within four weeks. Section 3 Storage aid Article 34 1. Private storage aid as provided for in Article 7(3) of Regulation (EC) No 1255/1999 may be granted only where the contractual storage period is between 60 and 180 days. Where the contractor fails to comply with the time limit referred to in Article 33(3) of this Regulation, the aid shall be reduced by 15 % and shall be paid only in respect of the period for which the contractor supplies satisfactory proof to the competent authority that the skimmed-milk powder has remained in contractual storage. 2. Without prejudice to Article 35 of this Regulation, the Commission shall set the amount of aid in accordance with the second subparagraph of Article 7(3) of Regulation (EC) No 1255/1999. 3. The aid shall be paid on application by the contractor, at the end of the contractual storage period, within 120 days of receipt of the application, provided that the checks referred to in Article 33(3) have been carried out and that the conditions for entitlement to the aid have been met. However, if an administrative enquiry into entitlement to the aid is under way, payment shall not be made until entitlement has been recognised. Article 35 If the market situation so requires, the amount of the aid, the periods of entry into and removal from storage and the maximum length of storage may be altered during the year in respect of contracts yet to be concluded. CHAPTER IV NOTIFICATION Article 36 Not later than 12 noon (Brussels time) of each Wednesday, the Member States shall inform the Commission of the quantities of skimmed-milk powder which, during the preceding week, have been the subject of: (a) an offer to sell in accordance with Article 5; (b) a contract of sale in accordance with Article 22(1); (c) a private storage contract in accordance with Article 28. CHAPTER V FINAL PROVISIONS Article 37 Regulations (EEC) No 2213/76, (EEC) No 1362/87, (EEC) No 1158/91 and (EC) No 322/96 are hereby repealed. References to the repealed regulations shall be construed as references to this Regulation. Article 38 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 January 2001.

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COMMISSION DIRECTIVE of 22 July 1983 introducing temporary measures for the designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate consumer (83/463/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (1), and in particular Article 19 thereof, Whereas, pursuant to the second indent of Article 6 (5) (b) of Directive 79/112/EEC, ingredients belonging to one of the categories listed in Annex II thereof must be designated in the list of ingredients by the name of that category, followed by their specific name or EEC number; Whereas, as Community legislation currently stands, not all of the ingredients in question have been assigned an EEC number ; whereas full advantage cannot therefore be taken of the choice offered by the abovementioned labelling rule; Whereas the Community is required to complete its rules relating to the categories of ingredients listed in Annex II to Directive 79/112/EEC ; whereas, as new Community provisions are adopted in these areas, EEC numbers that can be used in the labelling of foodstuffs will become available; Whereas, as an interim measure aimed at facilitating the application of Directive 79/112/EEC, a temporary numbering system for those ingredients that have not yet received an EEC number should be made available to those responsible for labelling foodstuffs, pending the adoption of these new provisions; Whereas a system of this kind is not intended to affect the provisions under which the use of the ingredients in question is authorized, prohibited or limited; Whereas this Directive can relate only to ingredients belonging to the categories of use listed in Annex II to Directive 79/112/EEC ; whereas if, however, other categories were added to that Annex, it could also prove necessary to assign numbers to ingredients belonging to such categories; Whereas, due to the scientific and technical developments in progress on artificial sweeteners, the ingredients in that category cannot yet all be enumerated and in view of this difficulty it is not yet appropriate to include these ingredients in the temporary arrangements introduced by this Directive; Whereas, pursuant to Article 23 (1) (a) of Directive 79/112/EEC, Member States may make it optional to designate the specific name or EEC number of (1) OJ No L 33, 8.2.1979, p. 1. ingredients belonging to one of the categories listed in Annex II thereof ; whereas this provision is not affected by this Directive; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs, HAS ADOPTED THIS DIRECTIVE: Article 1 Pending the implementation of Community provisions introducing new EEC numbers, the numbers listed in the Annex may, in accordance with the second indent of Article 6 (5) (b) of Directive 79/112/EEC, be used in place of the specific name to designate the corresponding ingredients where the latter's technological function classifies them in one or more of the categories listed in Annex II to Directive 79/112/EEC. Article 2 Member States shall make such amendments to their laws as may be necessary to comply with this Directive and shall forthwith inform the Commission thereof. Without prejudice to the provisions under which the use of the corresponding ingredients is authorized, prohibited or limited, Member States shall, not later than 1 July 1984, allow the numbers listed in the Annex to be used. Article 3 This Directive is addressed to the Member States. Done at Brussels, 22 July 1983.

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Commission Regulation (EC) No 499/2002 of 20 March 2002 determining the world market price for unginned cotton THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1), Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof, Whereas: (1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001(3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined. (2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001. (3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter, HAS ADOPTED THIS REGULATION: Article 1 The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 21,630/100 kg. Article 2 This Regulation shall enter into force on 21 March 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 March 2002.

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Commission Regulation (EC) No 2195/2001 of 12 November 2001 authorising transfers between the quantitative limits of textiles and clothing products originating in the People's Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), as last amended by Commission Regulation (EC) No 1809/2001(2), and in particular Article 7 thereof, Whereas: (1) Article 5 of the Agreement between the European Community and the People's Republic of China on trade in textile products, initialled on 9 December 1988 and approved by Council Decision 90/647/EEC(3), as last amended and extended by an Agreement in the form of an Exchange of Letters, initialled on 19 May 2000 and approved by Decision 2000/787/EC(4), and Article 8 of the Agreement between the European Community and the People's Republic of China on trade in textile products not covered by the MFA bilateral agreement, initialled on 19 January 1995 and approved by Decision 95/155/EC(5), as last amended by an Agreement in the form of an Exchange of Letters, initialled on 19 May 2000 and approved by Decision 2000/787/EC, provides that transfer may be made between quota years. (2) The People's Republic of China submitted a request for transfers between quota years on 18 July 2001 for additional flexibilities, and most specifically for a carry-over of quantities from the quantitative limits of year 2000 into year 2001. (3) The transfers requested by the People's Republic of China fall within the limits of the flexibility provisions referred to in Article 5 of the agreement between the Community and the People's Republic of China on trade in textiles products, initialled on 9 December 1988 and as set out in Annex VIII to Regulation (EEC) No 3030/93. (4) It is, therefore, appropriate to grant the request to the extent that quantities are available. (5) It is desirable for this Regulation to enter into force on the day after its publication in order to allow operators to benefit from it as soon as possible. (6) The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee, HAS ADOPTED THIS REGULATION: Article 1 Transfers between the quantitative limits for textile goods originating in the People's Republic of China fixed by the Agreement between the EC and the People's Republic of China are authorised for the quota year 2001 in accordance with 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 Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 November 2001.

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COMMISSION REGULATION (EC) No 185/2006 of 2 February 2006 fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 3 February 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 market in sugar (1), and in particular Article 24(4) thereof, Whereas: (1) Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68. (2) For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation. (3) Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68. (4) Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed. (5) The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95. (6) 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 representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto. Article 2 This Regulation shall enter into force on 3 February 2006. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 February 2006.

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COMMISSION DECISION of 3 November 1992 amending Commission Decisions 92/460/EEC, 92/461/EEC, 92/462/EEC and 93/463/EEC concerning the animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Switzerland, Sweden, Finland and Iceland (92/518/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon the import of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 1601/92 (2), and in particular Articles 8 and 11 thereof, Whereas Commission Decisions 92/460/EEC (3), 92/461/EEC (4), 92/462/EEC (5) and 92/463/EEC (6) lay down the animal health conditions and veterinary certification required for the importation of domestic animals of the bovine and porcine species coming from Switzerland, Sweden, Finland and Iceland; Whereas practical difficulties have been encountered in the time foreseen for the establishment of the veterinary certificates introduced by these Decisions; Whereas it is necessary to postpone the date of implementation of the abovementioned Decisions, in order to take into account these difficulties; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 The text of Article 4 of Decisions 92/460/EEC, 92/461/EEC, 92/462/EEC and 92/463/EEC is replaced by the following: 'Article 4 The present Decision shall apply from the 9 November 1992.` Article 2 This Decision is addressed to the Member States. Done at Brussels, 3 November 1992.

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COUNCIL DECISION of 18 July 1994 concerning the conclusion of the International Coffee Agreement 1994 (94/570/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence thereof, Having regard to the proposal from the Commission, Whereas the International Coffee Agreement 1994 is open for signing as well as for ratification, acceptance or approval from 18 April to 26 September 1994; Whereas the International Coffee Agreement 1993 as extended expires on 30 September 1994 and the new Agreement, in accordance with Article 40 thereof, provides for its entry into force, provisionally or definitively as of 1 October 1994; Whereas the objectives pursued by the Agreement fit into the context of the common commercial policy; Whereas the Member States are called upon to participate, by financial contributions, in the actions provided for by the said Agreement; Whereas all Member States have expressed their intention to sign, and to submit for ratification the Agreement; whereas the Community should therefore sign the Agreement lodged with the Secretary-General of the United Nations Organization and notify, by 26 September 1994, its approval thereof, HAS DECIDED AS FOLLOWS: Article 1 The International Coffee Agreement 1994 is hereby approved by the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement and to deposit the instrument of approval on behalf of the Community by 26 September 1994. Done at Brussels, 18 July 1994.

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Commission Decision of 20 July 2001 amending for the fifth time Decision 2000/284/EC establishing the list of approved semen collection centres for imports of equine semen from third countries (notified under document number C(2001) 2216) (Text with EEA relevance) (2001/612/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1), as last amended by Commission Decision 95/176/EC(2), and in particular Article 17(3)(b) thereof, Whereas: (1) Commission Decision 2000/284/EC(3), as last amended by Decision 2001/392/EC(4), established the list of approved semen collection centres for imports of equine semen from third countries. (2) The competent authorities of the United States of America officially informed the Commission of the approval in accordance with the provisions of Directive 92/65/EEC of eight additional equine semen collection centres, and the need to change certain details of two other equine semen collection centres. (3) Furthermore, the competent authorities of the United States of America officially informed the Commission that the approval has been withdrawn from the two centres Honor Bright Farm (00CA009-EQS) and Burchett Training Center (98GA002-EQS). (4) It is appropriate to amend the list in the light of new information received from the non-member country concerned, and to highlight the amendments in the Annex for clarity. (5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision 2000/284/EC is replaced by the Annex to this Decision. Article 2 This Decision is addressed to the Member States. Done at Brussels, 20 July 2001.

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Commission Regulation (EC) No 1823/2001 of 14 September 2001 fixing the import duties in the cereals sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), 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(3), as last amended by Regulation (EC) No 2235/2000(4), and in particular Article 2(1) thereof, Whereas: (1) Article 10 of Regulation (EEC) No 1766/92 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. (2) Pursuant to Article 10(3) of Regulation (EEC) No 1766/92, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market. (3) Regulation (EC) No 1249/96 lays down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector. (4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available for the reference exchange referred to in Annex II to Regulation (EC) No 1249/96 during the two weeks preceding the next periodical fixing. (5) In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties. (6) Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in the Annex to this Regulation, HAS ADOPTED THIS REGULATION: Article 1 The import duties in the cereals sector referred to in Article 10(2) of Regulation (EEC) No 1766/92 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II. Article 2 This Regulation shall enter into force on 16 September 2001. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 September 2001.

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Commission Regulation (EC) No 2053/2001 of 19 October 2001 amending Regulation (EEC) No 1627/89 on the buying-in of beef by invitation to tender THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Regulation (EC) No 1512/2001(2), and in particular Article 47(8) thereof, Whereas: (1) Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying-in of beef by invitation to tender(3), as last amended by Regulation (EC) No 1957/2001(4), opened buying-in by invitation to tender in certain Member States or regions of a Member State for certain quality groups. (2) The application of Article 47(3), (4) and (5) of Regulation (EC) No 1254/1999 and the need to limit intervention to buying-in the quantities necessary to ensure reasonable support for the market result, on the basis of the prices of which the Commission is aware, in an amendment, in accordance with the Annex hereto, to the list of Member States or regions of a Member State where buying-in is open by invitation to tender, and the list of the quality groups which may be bought in. (3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EEC) No 1627/89 is hereby replaced by the Annex hereto. Article 2 This Regulation shall enter into force on 20 October 2001. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 October 2001.

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***** COUNCIL DECISION of 3 October 1984 adjusting the amounts made available to the European Development Fund (1979) for the ACP States and for the overseas countries and territories (St Christopher and Nevis) (84/470/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (1), hereinafter referred to as the 'Internal Agreement', as last amended by Decision 83/369/EEC (2), and in particular Article 1 (4) thereof, Having regard to the proposal from the Commission, Whereas St Kitts-Nevis which was formerly associated with the Community under Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (3), gained independence on 19 September 1983 under the name of St Christopher and Nevis and acceded to the Second ACP-EEC Convention on 5 March 1984; Whereas, in accordance with Article 1 (4) of the Internal Agreement, the amounts laid down for the overseas countries and territories in Article 1 (3) (b) of the said Agreement should be reduced and the amounts laid down for the ACP States in Article 1 (3) (a) should be correspondingly increased, HAS DECIDED AS FOLLOWS: Article 1 Article 1 (3) of the Internal Agreement is hereby replaced by the following: '3. The amount stated in paragraph 2 shall be allocated as follows: (a) 4 647,4 million ECU for the ACP States, comprising: - 2 999,4 million ECU in the form of grants, - 525 million ECU in the form of special loans, - 284 million ECU in the form of risk capital, - 557 million ECU in the form of transfers pursuant to Title II, Chapter I of the Convention, - 282 million ECU in the form of the special financing facility pursuant to Title III, Chapter I of the Convention; (b) 64,6 million ECU for the countries and territories, comprising: - 37,6 million ECU in the form of grants, - 20 million ECU in the form of special loans, - 7 million ECU in the form of risk capital, - (for the record) in the form of the special financing facility pursuant to the provisions of the Decision relating to mining products; (c) 9 million ECU in the form of transfers for the countries and territories, pursuant to those provisions of the Decision which concern the system for stabilizing export earnings.' Article 2 This Decision shall apply from 1 September 1984. Done at Luxembourg, 3 October 1984.

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COUNCIL REGULATION (EC) No 1436/2005 of 31 August 2005 temporarily reducing the autonomous Common Customs Tariff duties for certain tropical fishery products (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1) The Common Customs Tariff is laid down in Regulation (EEC) No 2658/87 (1). (2) The Community is a major consumer of certain tropical fishery products. It has to import large quantities of such products in order to satisfy its needs. In order to avoid disruptions of trade, it is in the Community’s interest to reduce temporarily the Common Customs tariff duties for the importation of these products. (3) Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I.3 of the Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Community on the role of national parliaments in the European Union. (4) Since this Regulation is to apply from 1 August 2005, it should enter into force immediately, HAS ADOPTED THIS REGULATION: Article 1 The autonomous Common Customs Tariff duties as contained in Regulation (EEC) No 2658/87 shall be reduced, in respect of the products listed in the Annex to this Regulation, to the rates of duty laid down in that Annex. 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 August 2005 to 31 December 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 August 2005.

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COMMISSION DIRECTIVE 2009/84/EC of 28 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride as an active substance in Annex I thereto (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof, Whereas: (1) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes sulfuryl fluoride. (2) Commission Directive 2006/140/EC (3) included sulfuryl fluoride as an active substance in Annex I to Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC. (3) Pursuant to Regulation (EC) No 1451/2007, sulfuryl fluoride has now been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, as defined in Annex V to that Directive. (4) Sweden was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 19 June 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007. (5) The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report. (6) It appears from the examinations made that biocidal products used as insecticides and containing sulfuryl fluoride may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include sulfuryl fluoride in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as insecticides and containing sulfuryl fluoride can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. (7) In the light of the conclusions of the assessment report, it is appropriate to require that products containing sulfuryl fluoride and used as insecticides be authorised only for use by trained professionals in accordance with Article 10(2)(i)(e) of Directive 98/8/EC, and that specific risk mitigation measures are applied at product authorisation level to ensure the safety of operators and of bystanders. (8) In addition, it is appropriate to require continuous monitoring of sulfuryl fluoride in remote tropospheric air and to require results of such monitoring to be regularly reported to the Commission. (9) It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance sulfuryl fluoride and also to facilitate the proper operation of the biocidal products market in general. (10) A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion. (11) After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 18 containing sulfuryl fluoride to ensure that they comply with Directive 98/8/EC. (12) Directive 98/8/EC should therefore be amended accordingly. (13) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive. Article 2 1. Member States shall adopt and publish, by 30 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 July 2011. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 4 This Directive is addressed to the Member States. Done at Brussels, 28 July 2009.

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COUNCIL DIRECTIVE 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission (1), drawn up after consultation with the Safety and Health Commission for the Mining and other Extractive Industries, In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 118a of the EEC Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers; Whereas, pursuant to that Article, such Directives must avoid imposing administrative, financial and legal constraints which would hold back the creation and development of small and medium-sized undertakings; Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations; Whereas Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC (4)) does not apply to the extractive industries; Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health for the mineral-extracting industries through drilling is essential to ensure the safety and health of workers; Whereas the mineral-extracting industries through drilling constitute an area of activity likely to expose workers to particularly high levels of risk; Whereas this Directive is an individual directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5); whereas, therefore, the provisions of the said Directive apply in full to the mineral-extracting industries through drilling without prejudice to more stringent and/or specific provisions contained in this Directive; Whereas this Directive is a practical contribution towards creating the social dimension of the internal market, HAS ADOPTED THIS DIRECTIVE: SECTION 1 GENERAL PROVISIONS Article 1 Subject 1. This Directive, which is the eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers in the mineral-extracting industries through drilling defined in Article 2 (a). 2. The provisions of Directive 89/391/EEC shall apply in full to the sphere referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive. Article 2 Definitions For the purpose of this Directive: (a) mineral-extracting industries through drilling shall mean all the industries practising: - extraction, in the strict sense of the word, of minerals through drilling by boreholes, and/or - prospection with a view to such extraction, and/or - preparation of extracted materials for sale, excluding the activities of processing the materials extracted; (b) workplace shall mean the whole area intended to house workstations, relating to the immediate and ancillary activities and installations of the mineral-extracting industries through drilling, including accommodation, where provided, to which workers have access in the context of their work. SECTION II EMPLOYERS' OBLIGATIONS Article 3 General obligations 1. To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that: (a) workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers; (b) the operation of workplaces when workers are present takes place under the supervision of a person in charge; (c) work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given; (d) all safety instructions are comprehensible to all the workers concerned; (e) appropriate first-aid facilities are provided; (f) any relevant safety drills are performed at regular intervals. 2. The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391 /EEC, is drawn up and kept up to date. The safety and health document shall demonstrate in particular: - that the risks incurred by the workers at the work place have been determined and assessed, - that adequate measures will be taken to attain the aims of this Directive, - that the design, use and maintenance of the workplace and of the equipment are safe. The safety and health document must be drawn up prior to the commencement of work and be revised if the workplace has undergone major changes, extensions or conversions. 3. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control. The employer who, in accordance with national laws and /or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it. The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC. 4. The employer shall, without delay, report any serious and /or fatal occupational accidents and situations of serious danger to the competent authorities. If necessary, the employer shall update the safety and health document recording measures taken to avoid any repetition. Article 4 Protection from fire, explosions and health-endangering atmospheres The employer shall take measures and precautions appropriate to the nature of the operation: - to avoid, detect and combat the starting and spread of fires and explosions, and - to prevent the occurance of explosive and/or health-endangering atmospheres. Article 5 Escape and rescue facilities The employer shall provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely in the event of danger. Article 6 Communication, warning and alarm systems The employer shall take the requisite measures to provide the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises. Article 7 Keeping workers informed 1. Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken concerning safety and health at workplaces, and in particular of those relating to the implementation of Article 3 to 6. 2. The information must be comprehensible to the workers concerned. Article 8 Health surveillance 1. To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices. 2. The measures referred to in paragraph 1 shall be such that each worker shall be entitled to or shall undergo health surveillance before being assigned to duties related to the activities referred to in Article 2 and subsequently at regular intervals. 3. Health surveillance may be provided as part of a national health system. Article 9 Consultation of workers and workers' participation Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391 /EEC on the matters covered by this Directive. Article 10 Minimum requirements for safety and health 1. Workplaces used for the first time after the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex. 2. Workplaces already in use before the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex as soon as possible and at the latest five years after that date. 3. When workplaces undergo changes, extensions and /or conversions after the date on which this Directive is brought into effect as referred to in Article 12 (1), the employer shall take the measures necessary to ensure that those changes, extensions and/or conversions are in compliance with the corresponding minimum requirements laid down in the Annex. SECTION III OTHER PROVISIONS Article 11 Adjustments to the Annexes Purely technical adjustments to the Annexes in line with: - the adoption of Directives in the field of technical harmonization and standardization concerning the mineral-extracting industries through drilling, and/or - technical progress, changes in international regulations or specifications, and new findings concerning the mineral-extracting industries through drilling, shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC. Article 12 Final provisions 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 24 months after its adoption. They shall forthwith inform the Commission thereof. 2. When Member States adopt the provisions referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. 3. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or are adopt in the field governed by this Directive. 4. Member States shall report to the Commission every five years on the practical implementation of this Directive, indicating the views of employers and workers. The Commission shall inform the European Parliament, the Council, the Economic and Social Committee, the Safety and Health Commission for the Mining and Other Extractive Industries and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof. Article 13 This Directive is addressed to the Member States. Done at Brussels, 3 November 1992.

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COMMISSION REGULATION (EC) No 759/94 of 5 April 1994 establishing unit values for the determination of the customs value of certain perishable goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), as amended by Regulation (EC) No 3665/93 (3), and in particular Article 173 (1) thereof, Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation; Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, HAS ADOPTED THIS REGULATION: Article 1 The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto. Article 2 This Regulation shall enter into force on 8 April 1994. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 April 1994.

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***** COMMISSION REGULATION (EEC) No 3713/86 of 4 December 1986 authorizing the United Kingdom to permit under certain conditions an additional increase in the alcoholic strength of certain wines and certain products intended for wine making THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 3805/85 (2), and in particular Articles 32 (4) and 65 thereof, Whereas under Article 32 (1) of Regulation (EEC) No 337/79 Member States may permit an increase in the actual or potential natural alcoholic strength only within certain limits; Whereas, because of extremely heavy rainfall in several regions of the United Kingdom during the summer of 1986, the limits upon increases in the natural alcoholic strength as fixed by Article 32 (1) of Regulation (EEC) No 337/79 in the case of grapes harvested in the United Kingdom wine area prevent the production of the wines which are normally required by the market; whereas this Member State should accordingly be authorized to permit, in the regions affected, an additional increase in the natural alcoholic strength as provided for in Article 32 (2) of Regulation (EEC) No 337/79; whereas provision should be made for the United Kingdom to communicate to the Commission certain information, in particular under Commission Regulation (EEC) No 1594/70 (3), as last amended by Regulation (EEC) No 418/86 (4); Whereas 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 The United Kingdom is hereby authorized for the 1986/87 wine-growing year to permit, in the counties specified in the Annex, the additional increase in the alcoholic strength laid down in respect of wine-growing zone A in Article 32 (2) of Regulation (EEC) No 337/79 as regards products listed in the first subparagraph of paragraph 1 of the said Article 32 which are produced from grapes intended for the production of table wines. Article 2 1. On the basis of the declarations referred to in the second subparagraph of Article 36 (1) of Regulation (EEC) No 337/79, the United Kingdom shall communicate to the Commission not later than 31 May 1987, the quantities of sugar, concentrated grape must and rectified concentrated grape must used to make an additional increase in the natural alcoholic strength of the products referred to in Article 1. 2. Such communications shall give estimates of the quantities of sugar, concentrated grape must and rectified concentrated grape must used to produce an additional increase in the alcoholic strength as provided for in Article 32 (2) of Regulation No 337/79. Article 3 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 December 1986.

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Commission Regulation (EC) No 381/2003 of 28 February 2003 fixing the production refund on white sugar used in the chemical industry 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), as amended by Commission Regulation (EC) No 680/2002(2), and in particular 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(3) lays down the rules for determining the production refunds and specifies the chemical products the basic products used in the manufacture of which attract a production refund. Articles 5, 6 and 7 of Regulation (EC) No 1265/2001 provide that the production refund applying to raw sugar, sucrose syrups and unprocessed isoglucose is to be derived from the refund fixed for white sugar in accordance with a method of calculation specific to each basic product. (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. It may be adjusted in the intervening period where there is a significant change in the prices for sugar on the Community and/or world markets. The application of those provisions results in the production refund fixed in Article 1 of this Regulation for the period shown. (4) As a result of the amendment to the definition of white sugar and raw sugar in Article 1(2)(a) and (b) of Regulation (EC) No 1260/2001, flavoured or coloured sugars or sugars containing any other added substances are no longer deemed to meet those definitions and should thus be regarded as "other sugar". However, in accordance with Article 1 of Regulation (EC) No 1265/2001, they attract the production refund as basic products. A method should accordingly be laid down for calculating the production refund on these products by reference to their sucrose content. (5) 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 39,525 EUR/100 kg net. Article 2 This Regulation shall enter into force on 1 March 2003. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 February 2003.

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COMMISSION REGULATION (EEC) No 1980/92 of 16 July 1992 amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultrymeat (1), and in particular Article 3 (3) and 9 thereof, Whereas Article 8 of Commission Regulation (EEC) No 1538/91 (2), as last amended by Regulation (EEC) No 315/92 (3), lays down the detailed rules for the optional classification of frozen and quick-frozen poultrymeat by weight categories; Whereas these provisions should be modified in order to take account of current trade practices regarding the marketing of heavier carcases in certain Member States and to allow the continuation of weight indication in imperial units until 31 December 1994 for products marketed in the United Kingdom; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, HAS ADOPTED THIS REGULATION: Article 1 Article 8 of Regulation (EEC) No 1538/91 is hereby replaced by the following: 'Article 8 1. Prepackaged frozen or quick frozen poultrymeat may be classified by weight category in accordance with Article 3 (3) of Regulation (EEC) No 1906/90 in prepackages within the meaning of Article 2 of Directive 76/211/EEC. These prepackages may be: - prepackages containing one poultry carcase, or - prepackages containing one or several poultry cuts of the same type and species, as defined in Article 1. 2. All prepackages shall in accordance with paragraphs 3 and 4 bear an indication of the weight of the product known as 'nominal weight' which they are required to contain. 3. Prepackages of frozen or quick-frozen poultrymeat may by classified by categories of nominal weights as follows: - carcases: - 1 100 g: classes of 50 g (1 050 1 000 950 etc.), - 1 100- 2400 g: classes of 100 g (1 100 1 200 1 300 etc.), - 2400 g: classes of 200 g (2 400 2 600 2 800 etc.), - cuts: - 1 100 g: classes of 50 g (1 050 1 000 950 etc.), - 1 100 g: classes of 100 g (1 100 1 200 1 300 etc.). 4. Prepackages referred to in paragraph 1 shall be made up in such a way that they satisfy the following requirements: - the actual contents shall not be less, on average, than the nominal weight, - the proportion of prepackages having a negative error greater than the tolerable negative error laid down in paragraph 9 shall be sufficiently small for batches of prepackages to satisfy the requirements of the tests specified in paragraph 10, - no prepackage having a negative error greater than twice the tolerable negative error given in paragraph 9 shall be marketed. The definitions of nominal weight, actual content and negative error laid down in Annex I to Directive 76/211/EEC shall apply to this Regulation. 5. Regarding responsibility of the packer or importer of frozen or quick-frozen poultrymeat and checks to be carried out by competent authorities, points 4,5 and 6 of Annex I to Directive 76/211/EEC apply mutatis mutandis. 6. The checking of prepackages shall be carried out by sampling and shall be in two parts: - a check covering the actual content of each prepackage in the sample, - a check on the average actual contents of the prepackages in the sample. A batch of prepackages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria referred to in paragraphs 10 and 11. 7. A batch shall be made up of all the prepackages of the same nominal weight, the same type and the same production rund, packed in the same place, which are to be inspected. The batch size shall be limited to the quantities laid down below: - when prepackages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size, - in other cases the batch size shall be limited to 10 000. 8. A sample consisting of the following numbers of prepackages shall be drawn at random from each batch to be inspected: Batch size Sample size 100 to 500 30 501 to 3 200 50 3 200 80 For batches of fewer than 100 prepackages, the non-destructive test, within the meaning of Annex II to Directive 76/211/EEC, where carried out, shall be 100 %. 9. In the case of prepackaged poultrymeat the following tolerable negative errors are permitted: (g) Nominal weight, g Tolerable negative error, g carcases cuts less than 1 000 25 25 1 100- 2 400 50 2 400 and more 100 50 10. For the checking of the actual content of each prepackage in the sample, the minimum acceptable content shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal weight of the prepackage. The prepackages in the sample whose actual contents are less than the minimum acceptable content shall be considered defective. The batch of prepackages, checked shall be considered acceptable or rejected, if the number of defective units found in the sample is less than or equal to the acceptance criterion or equal to or greater than the criterion for rejection shown below: Number in sample Number of defective units Acceptance criterion Rejection criterion 30 2 3 50 3 4 80 5 6 11. For the checking of the average actual contents, a batch of prepackages shall be considered acceptable, if the average actual content of the prepackages forming the sample is greater than the acceptance criterion shown below: Sample size Acceptance criterion for average actual content 30 x Qn - 0,503 s 50 x Qn - 0,379 s 80 x Qn - 0,295 s x = average actual content of prepackages, Qn = nominal quantity of the prepackage, s = standard deviation of the actual contents of the prepackages in the batch. The standard deviation shall be estimated as set out under point 2.3.2.2. of Annex II to Directive 76/211/EEC. 12. For so long as Directive 80/181/EEC authorizes the use of supplementary indications, the indication of the nominal weight of prepackages to which this Article applies may be accompanied by a supplementary indication. 13. As an alternative to making use of the provisions of paragraphs 2 to 12, operators may market in the United Kingdom until 31 December 1994 prepackages referred to in this Article which are lawfully marked in accordance with national legislation with the nominal weights expressed in imperial units. In respect of poultrymeat coming into the United Kingdom from other Member States and complying with the provisions of the preceding subparagraph, checks shall be carried out on a random basis and shall not be made at the border.' Article 2 This Regulation shall enter into force on 1 August 1992. However, until 31 December 1992 operators may classify prepackaged frozen or quick-frozen poultrymeat by weight categories in accordance with the provisions applicable before the entry into force of this Regulation. These products may then be marketed until 31 December 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 July 1992.

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COMMISSION REGULATION (EC) No 1201/95 of 29 May 1995 amending Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1), as last amended by Commission Regulation (EC) No 2381/94 (2), and in particular Article 13 thereof, Having regard to Commission Regulation (EEC) No 207/93 of 25 January 1993 defining the content of Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5 (4) thereto (3), and in particular Article 3 thereof, Whereas certain Member States have notified to the other Member States and the Commission that authorizations were granted for use of certain ingredients of agricultural origin not included in section C of Annex VI to Regulation (EEC) No 2092/91; whereas for certain of these notified products it has appeared that no sufficient production was taking place in the Community; whereas therefore these products should be introduced into section C of Annex VI; Whereas it has appeared that there is an important production in the Community in the context of organic farming of chicory, vinegar from various fermented beverages as well as of a large number of spices and herbs; whereas therefore chicory, vinegar, spices and herbs should be deleted from section C of Annex VI; Whereas a positive list of the main spices and herbs which are not available from organic production in sufficient quantities in the European Community will be developped as soon as possible; whereas pending the adoption of this list, the procedure of Article 3 of Regulation (EEC) No 207/93 can be applied under the conditions set out in that Article; Whereas the measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 14 of Regulation (EEC) No 2092/91, HAS ADOPTED THIS REGULATION: Article 1 Annex VI to Regulation (EEC) No 2092/91 is amended as defined in the Annex to the present Regulation. Article 2 This Regulation shall enter into force seven days from the date of its publication in the Official Journal of the European Communities. The products referred to in the first and fourth indents of the Annex to this Regulation may continue to be used under the previously applicable conditions until three months from the date of entry into force of the Regulation. The products referred to in the third indent of the Annex to this Regulation may continue to be used under the previously applicable conditions until seven months from the date of entry into force of the Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 May 1995.

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COMMISSION DECISION of 8 April 1994 repealing Decision 91/282/EEC concerning importation of fishery and aquaculture products from Colombia (Text with EEA relevance) (94/270/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 92/118/EEC (2), and in particular Article 19 thereof, Whereas Commission Decision 91/282/EEC (3), as last amended by Decision 92/147/EEC (4) was adopted because of the development of a cholera epidemic in that country; Whereas according to the World Health Organization the cholera situation in Colombia no longer presents a serious risk to public health; whereas, therefore, Decision 91/282/EEC should be repealed and imports of fishery products from Colombia should be made subject to the provisions of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (5); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 Decision 91/282/EEC is repealed with effect from 1 June 1994. Article 2 This Decision is addressed to the Member States. Done at Brussels, 8 April 1994.

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***** COUNCIL REGULATION (EEC) No 3878/88 of 12 December 1988 establishing Community supervision for the imports of certain agricultural products originating in the Canary Islands (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1391/87 of 18 May 1987 concerning certain adjustments to the arrangements applied to the Canary Islands (1), and in particular Articles 4, 6 and 10 thereof, Having regard to the proposal from the Commission, Whereas, in Regulation (EEC) No 1391/87, the Council decided, for certain agricultural products originating in the Canary Islands, upon a progressive reduction of the customs duties applicable in the limits of reference quantities with the possibility for the Community to replace in future the facilities by a system of tariff quotas if it should appear that under the preferential system imported quantities exceed, during the course of a determined year, the reference quantities laid down, and if simultaneously these imports cause damage on the Community market; whereas the application of such a system demands that the Community is regularly informed of the development of these imports originating in the Canary Islands; whereas it is therefore indicated to submit the imports of these products to a system of supervision; Whereas this objective may be achieved by means of an administrative procedure based on setting off imports of the products in question against the reference quantities at Community level, as and when these products are entered with customs authorities for free circulation; Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States and the Commission; whereas the latter must, in particular, be able to follow the progress of amounts set off against the reference quantities and keep the Member States informed, HAS ADOPTED THIS REGULATION: Article 1 1. Imports into the Community of certain goods originating in the Canary Islands shall be subject to Community supervision and to annual reference quantities. The description of the goods referred to in the preceding subparagraph, their order numbers, their CN codes and the levels and periods of application of the reference quantities are indicated in the annexed table. 2. Quantities shall be charged against the reference quantities as and when products are entered with customs authorities for free circulation and accompanied by a movement certificate. If the movement certificate is submitted a posteriori, the goods shall be charged against the corresponding reference quantity at the moment when the goods are entered for free circulation. The extent to which the reference quantities are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined in the first subparagraph. Member States shall periodically inform the Commission of imports effected in accordance with the above rules; such information shall be supplied under the conditions laid down in paragraph 3. 3. Member States shall forward to the Commission: - not later than 1 July 1989, the final amounts set off for products mentioned under Order Nos 17.0003 and 17.0005, - by 15 October 1989, the cumulative amounts set off for the period from 1 January to 30 September, and by not later than the 20th day of each following month those set off during the preceding month, for the product mentioned under Order No 17.0001. Article 2 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. Article 3 This Regulation shall enter into force on 1 January 1989. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 December 1988.

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***** COMMISSION REGULATION (EEC) No 1385/88 of 20 May 1988 laying down special detailed rules for the application of the system of import licences for fresh sour cherries originating in Yugoslavia THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1200/88 of 28 April 1988 establishing a surveillance mechanism for imports of fresh sour cherries originating in Yugoslavia (1), and in particular Article 3 thereof, Whereas Regulation (EEC) No 1200/88 provides in particular for a system of import licences to ensure the proper application of the agreement concluded with Yugoslavia on its exports of fresh sour cherries to the Community; whereas the special rules governing that system should be laid down; Whereas exceptions to certain provisions of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EEC) No 2082/87 (3), should be made to avoid exceeding the quantities fixed in Regulation (EEC) No 1200/88; Whereas import licences are issued using the most detailed CN code; whereas the combined nomenclature comprises two codes according to the periods of importation of sour cherries; whereas provision should accordingly be made for the issue of import licences for the two CN codes concerned; whereas, however, the period of validity of licences take into account the time for transporting the product to the Community; Whereas, in order to ensure the proper operation of this system, provision should be made for weekly notification by the Member States of the quantities for totally or partly unused licences; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 1. The provisions of Regulation (EEC) No 3183/80 shall apply to import licences for fresh sour cherries originating in Yugoslavia subject to the specific provisions of this Regulation. Notwithstanding Article 8 (4) of the abovementioned Regulation, the provisions permitting a tolerance for quantities in excess shall not apply. 2. CN codes ex 0809 20 10 and ex 0809 20 90 must be marked in section 8 of applications for licences and import licences. 3. The security shall be 0,60 ECU/100 kg net. 4. Import licences shall be valid for eight days from the date of actual issue. Article 2 1. Yugoslavia must be marked in section 14 of applications for licences and import licences proper as the country of origin of the products. Import licences shall be valid for products originating in Yugoslavia only. 2. One of the following must be marked in section 20 of import licences: - no válido en España y Portugal - ikke gyldig i Spanien og Portugal - in Spanien und Portugal ungueltig - den ischýei stin Ispanía kai stin Portogalía - not valid in Spain and Portugal - non valable en Espagne et au Portugal - non valido in Spagna e in Portogallo - niet geldig in Spanje en Portugal - não é válido em Espanha ou em Portugal. 3. Import licences shall be issued on the fifth working day following the day on which the application was lodged unless measures are taken within that time. 4. The Commission shall take the necessary measures to limit imports on the basis of the import licences to 3 000 tonnes as provided for in Regulation (EEC) No 1200/88. Article 3 Member States shall notify the Commission of: 1. quantities of fresh sour cherries corresponding to import licences applied for in respect of each of the following days. Such quantities shall be notified at the following intervals: - each Wednesday for applications lodged on Mondays and Tuesdays, - each Friday for applications lodged on Wednesdays and Thursdays, - each Monday for applications lodged in the previous week on Friday; 2. quantities corresponding to import licences not used or partly used amounting to the difference between the quantities deducted on the back of the licences and the quantities for which the latter were issued. Such quantities shall be notified on Wednesday each week as regards data received the previous week. If no application for an import licence is lodged during one of the periods mentioned in point 1 or if there are no quantities unused within the meaning of point 2, the Member State in question shall so inform the Commission on the days indicated in this Article. Article 4 This Regulation shall enter into force on the eighth day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 May 1988.

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COMMISSION REGULATION (EC) No 642/2006 of 27 April 2006 setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2006/07 delivery period 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), Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (2), and in particular Article 9(1) thereof, Whereas: (1) Article 9 of Regulation (EC) No 1159/2003 sets out the detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India. (2) Application of Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India and Articles 11 and 12 of Regulation (EC) No 1159/2003 has resulted in the Commission setting delivery obligations for 2006/07 taking account, on the basis of the information currently available, of the difference between the amount of such delivery obligations and the quantities actually imported during past delivery periods. (3) 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 delivery obligations for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India in respect of products falling within CN code 1701, expressed in white-sugar equivalent, in the 2006/07 delivery period for each exporting country concerned, are hereby fixed as shown in the Annex hereto. Article 2 This Regulation shall enter into force on the day 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, 27 April 2006.

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***** COMMISSION DECISION of 2 October 1985 supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorize imports of bovine animals, swine and fresh meat (85/473/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Article 3 thereof, Whereas, in order to decide in respect both of bovine animals and swine and of fresh meat whether a country or part of a country may be included in the list, particular account is taken of the criteria set out in Article 3 (2) of Directive 72/462/EEC; Whereas Zimbabwe may be considered to satisfy these criteria for fresh meat of bovine animals; whereas it is necessary to supplement, by the addition of Zimbabwe and as regards the abovementioned category of fresh meat, the list referred to in Article 3 (1) of Directive 72/462/EEC adopted by the Council and contained in the Annex to its Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine and fresh meat (3); Whereas it will be necessary to specify the regions of Zimbabwe from which such imports may be authorized; whereas other measures concerning animal health inspection remain to be taken; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 Without prejudice to Directive 72/462/EEC, and in particular any measures which may have to be taken under the procedure provided for in Article 29 of that Directive, the list of countries from which Member States authorize importation of bovine animals, swine and fresh meat contained in Decision 79/542/EEC is hereby supplemented by the addition of Zimbabwe as regards fresh meat of bovine animals. Article 2 This Decision is addressed to the Member States. Done at Brussels, 2 October 1985.

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Commission Regulation (EC) No 1662/2002 of 18 September 2002 imposing provisional anti-dumping duties on imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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) (basic Regulation), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1) On 20 December 2001, the Commission announced by a notice (Notice of Initiation) published in the Official Journal of the European Communities(3), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain non-textured artificial filament yarn of cellulose acetate originating in Lithuania and the United States of America. (2) The anti-dumping proceeding was initiated as a result of a complaint lodged in November 2001 by the Comité international de la rayonne et des fibres synthetiques (CIRFS) on behalf of Community producers representing over 90 % of the total production in the Community. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. (3) Certain exporting producers claimed that the United States of America should not have been included in the proceeding due to the lack of adequate and accurate information on injurious dumping and causality at initiation stage. It should be noted that complainants have to show that their complaints are non-discriminatory with respect to third countries. Therefore, they have to provide an analysis of the situation of all countries with significant imports with a view of concluding whether such countries' imports are made at injurious volumes and prices and whether such countries' export prices are, prima facie, dumped. The information contained in the complaint showed similar behaviour for Lithuanian and United States exports in this respect. Imports from both countries were allegedly dumped and undercut/undersold the Community industry's prices/costs. Furthermore, the difficult situation of the industry coincided with the increase in imports from both countries concerned, the market shares of which were significant. Given also the analyses of the other possible causes of injury, these imports were found to have contributed to the injury suffered and the initiation of an investigation was therefore warranted. (4) The Commission officially advised the exporting producers and importers/traders known to be concerned as well as their associations, the representatives of the exporting countries concerned, users, suppliers and the complainant Community producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the Notice of Initiation. (5) A number of parties made their views known in writing. All parties who so requested within the time limit and showed that there were particular reasons why they should be heard were granted the opportunity to be heard orally. (6) The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the Notice of Initiation. Replies were received from the two complaining Community producers, three exporting producers, and their related importers in the Community, seven users and one trader. (7) The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping, resulting injury and Community interest. Verification visits were carried out at the premises of the following companies: (A) Exporting producers - AB Dirbtinis Pluostas, Kaunas, Lithuania, - Celanese Acetate LLC, Charlotte (NC), United States of America, - Eastman Chemical Company, Kingsport (TN), United States of America. (B) Companies related to the exporting producers - DPI, Milan, Italy, - Celanese NV, Lanaken, Belgium, - Eastman Chemical Company BV, Rotterdam, Netherlands. (C) Community producers - Industrias del acetato de Celulosa, SA (INACSA), Barcelona, Spain, - Novaceta SpA, Magenta, Italy. (D) Users - Marioboselli Yarns SpA, Garbagnate Monastero, Italy, - Tessitura Serica A.M. Taborelli srl, Faloppio, Italy. (8) The investigation of dumping and injury covered the period from 1 October 2000 to 30 September 2001 (investigation period or IP). The examination of trends in the context of the injury analysis covered the period from 1 January 1997 to the end of the IP (period under consideration). B. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned (9) The product concerned is certain non-textured artificial filament yarn of cellulose acetate (CAY). CAY is used to make textile fabrics. It is classifiable within CN codes 5403 33 10, 5403 33 90 and 5403 42 00. (10) The most important characteristics of CAY are the colour, the decitex (weight per length of yarn), and the package (known in the market in the form of cheese, beam or back beam). Nylon or polyester might also be added to the yarn of cellulose acetate. All types of models of the product concerned have the same basic physical and chemical characteristics in spite of the differences in packaging, colour and decitex. Therefore, CAY can be considered as one single product. 2. Like product (11) The imported products, the Community produced products and the products sold on the market of both exporting countries are similar in their essential physical and technical characteristics and in their uses. They are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation. C. DUMPING 1. Lithuania (a) Normal value (12) For the sole Lithuanian exporting producer, since total domestic sales of the product concerned during the IP represented less than 5 % of export sales to the Community, normal value had to be constructed. In accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding an amount for selling, general and administrative (SG& A) costs and for profit to the exporter's cost of manufacturing. As domestic sales of the product concerned were not representative, and in the absence of any other apparent basis, for the purpose of a preliminary determination of dumping the information contained in the complaint was used for the establishment of SG& A costs and profit, in accordance with Article 2(6)(c) of the basic Regulation. (b) Export price (13) For those sales made to independent customers in the Community, the export price was established on the basis of the prices actually paid or payable for the product when sold to the Community, in accordance with Article 2(8) of the basic Regulation. (14) For sales made via a related importer, the export price was constructed on the basis of resale prices to the first independent customers. Adjustments were made for all costs incurred between importation and resale. These costs included the related importer's SG& A costs and a reasonable profit margin. In order to establish a reasonable profit margin, and in the absence of any cooperating unrelated importer in the current investigation whose profit margin could be used for this purpose, the profit margin net of transport costs established for unrelated importers in another investigation covering the same general category of products (i.e. artificial filament yarns), was used. As a significant part of the exported product was further processed by the related importer through independent subcontractors in the Community before being resold to the first independent customer, the relevant processing costs, which represented a significant percentage of the selling price, were also deducted from the export price. (c) Comparison (15) For the purposes of a fair comparison between the normal value and the export price at an ex-works level, due allowance in the form of adjustments was made for differences that were claimed and demonstrated to affect prices and price comparability. These adjustments were made, where appropriate, in respect of discounts and rebates, transport, insurance, handling, loading and ancillary costs, commissions and credit costs in accordance with Article 2(10) of the basic Regulation. (d) Dumping margin (16) In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price. The provisional dumping margin expressed as a percentage of the cif Community frontier price duty unpaid, for the exporting producer concerned is: Dirbtinis Pluostas: 30,8 %. As the level of cooperation for Lithuania was high, the residual provisional dumping margin was set at the same level as for the cooperating company, i.e. 30,8 %. 2. United States (a) Cooperation (17) One of the two United States exporting producers submitted only the sections of the questionnaire relevant to the injury determination. However, the company allowed the Commission services to carry out on-spot verification visits at its premises, as well as the premises of its related importer. The company was warned in accordance with Article 18(6) of the basic Regulation that as a result of its only partial cooperation the dumping findings may be less favourable for it than if it had fully cooperated. (b) Normal value (18) For the other exporting producer which cooperated fully, in the absence of profitable domestic sales of the like product during the IP, normal value had to be constructed, in accordance with Article 2(3) of the basic Regulation. Normal value was constructed on the basis of this exporting producer's own cost of manufacturing and SG& A costs. Its own SG& A costs could be used because the domestic sales of the like product made by the exporting producer were representative as defined in Article 2(2) of the basic Regulation. For the profit margin, in the absence of profitable sales in the same general category of products and of any other basis, for the purpose of a preliminary determination of dumping, the information contained in the complaint was used, in accordance with Article 2(6)(c) of the basic Regulation. (19) In the absence of relevant information from the partially cooperating exporting producer, the normal value for the partially cooperating producer was established on the basis of information obtained from the fully cooperating exporting producer in the United States of America, in accordance with Article 18(1) of the basic Regulation. (c) Export price (20) Since all the sales of the two exporting producers were made via related importers, export price was constructed on the basis of the resale prices to independent customers. Adjustments were made for all costs incurred between importation and resale. These costs included the related importer's SG& A costs and a reasonable profit margin. In order to establish a reasonable profit margin, and in the absence of any cooperating unrelated importer in the current investigation whose profit margin could be used for this purpose, the profit margin net of transport costs established for unrelated importers in another investigation covering the same general category of products (i.e. artificial filament yarns), was used. Some of the exports from one exporting producer were further processed by its related importer in the Community. These processing costs were also deducted from the export price. (d) Comparison (21) For the purposes of a fair comparison between the normal value and the export price at an ex-works level, due allowance in the form of adjustments was made for differences that were claimed and demonstrated to affect prices and price comparability. These adjustments were made, where appropriate, in respect of physical differences, discounts and rebates, transport, insurance, handling, loading and ancillary costs, commissions and credit costs in accordance with Article 2(10) of the basic Regulation. (e) Dumping margin (22) In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal values with the weighted average export price. The provisional dumping margins expressed as a percentage of the cif Community frontier price, duty unpaid, for the exporting producers concerned are: Celanese Acetate LLC: 84,8 % and Eastman Chemical Company: 104,8 %. (23) As the volume of imports from the United States companies which either partially or fully cooperated was high, the provisional residual dumping margin was set at the same level as for the United States company with the highest dumping margin established, i.e. 104,8 %. D. DEFINITION OF THE COMMUNITY INDUSTRY (24) Within the Community, the product considered was manufactured by: - two producers located in Italy and Spain, on behalf of which the complaint was lodged and which fully cooperated in the investigation, - one producer related to a United States exporter and not supporting the investigation. (25) Due to a lack of cooperation and therefore a lack of data, the economic operator which is related to a producer in the countries concerned (Celanese) has provisionally been excluded from the definition of the Community industry. (26) The two cooperating complaining Community producers fulfil the requirements of Article 5(4) of the basic Regulation, since they account for 93 % of Community production of the product concerned. They are therefore deemed to constitute the Community industry within the meaning of Article 4(1) of the basic Regulation. E. INJURY (a) Apparent Community consumption (27) For the calculation of the apparent consumption of the product concerned on the Community market, the Commission added the sales volume of the Community industry and of the other Community producer to the total imports into the Community as shown under CN codes 5403 33 10, 5403 33 90 and 5403 42 00. (28) On this basis, apparent consumption of the product concerned in the Community decreased from around 38000 tonnes in 1997 to 29000 tonnes in the IP, this means by 24 %. (29) The drop was particularly marked between 1998 and 1999 (- 28 %), mainly in the aftermath of the Asian crisis which happened in autumn of 1997. Afterwards it partly recovered and consumption was up 6 % between 1999 and the IP. The overall decrease in Community consumption is mainly attributable to the substitution of filament yarn of cellulose acetate by lower-priced polyester yarn as well as final products, directly imported from Asia. (b) Cumulative assessment of the effects of the imports concerned (30) The Commission examined whether imports of CAY originating in Lithuania and the United States of America should be assessed cumulatively in accordance with Article 3(4) of the basic Regulation. (31) The margin of dumping established in relation to the imports from each of the countries concerned was above the de minimis threshold as defined in Article 9(3) of the basic Regulation and the volume of imports from each of these countries was not negligible. (32) As regards the conditions of competition, the investigation showed that CAY imported from the countries concerned, were alike in all their essential physical and technical characteristics. Furthermore, on that basis, CAY was interchangeable and was marketed in the Community during the period under consideration through comparable sales channels under similar commercial conditions. (33) It was argued that imports originating in the United States of America should be decumulated from the investigation as the complainants clearly distinguished the effects of imports from the United States of America and Lithuania. Secondly, it was argued that imports from the United States of America are not undercutting domestic prices to the same degree as imports from Lithuania. Thirdly, one exporting producer from the United States of America has decided not to make any future investments in the acetate yarn business. Fourthly, it was argued that the increase in imports from the United States of America is mainly due to the closing of a production facility in the Community and substitution by sales of United States origin. As far as the first argument is concerned, it should be noted that both countries are included in the complaint and both of them are underselling. Secondly, whilst it is true that United States prices are only slightly undercutting, it should however be borne in mind that prices of the Community industry have been depressed to a significant degree and that underselling occurred. As far as the remaining two arguments are concerned, they do not seem to be relevant in the context of the decision on decumulation. (34) In the light of the above, the Commission services provisionally considered that all the criteria set out in Article 3(4) of the basic Regulation were met and that imports from the countries concerned should therefore be examined cumulatively. (c) Imports originating in the countries concerned Volume (35) The volume of imports of the product concerned originating in Lithuania and the United States of America into the Community increased by 63 % over the period under consideration. (36) Imports decreased by 13 % between 1997 and 1998. Imports remained practically stable in 1999 despite the fact that consumption in the Community market decreased by 28 % in this year. Subsequently, import volumes more than doubled in 2000 although consumption remained by and large stable during the period 1999-IP. Market share (37) Over the period under consideration the share of the Community market held by the dumped imports from the countries concerned increased by 14 percentage points. (38) The joint market share held by the two countries concerned increased by 14 percentage points during the period under consideration. After a slight decrease in 1998, it increased significantly in 1999 and 2000. (d) Prices Price evolution (39) Between 1997 and the IP, the average cif prices of imports originating in Lithuania and the United States of America decreased by 14 %. The decrease occurred steadily over the period under consideration. Price undercutting (40) A comparison for comparable types of the product concerned was made between the exporting producers' and the Community industry's average selling prices in the Community, net of all rebates and taxes to unrelated customers, at the same level of trade (both related importers and the Community industry sell to the same types of users). The prices of the Community industry were at an ex-works level. The constructed cif Community frontier prices of exporting producers of the countries concerned were adjusted for post importation costs, applicable duties (in the case of the United States imports) and a profit margin for importers. However, some of the exports from two exporting producers were further processed by their related importers in the Community. These processing costs were not deducted from the export price for reasons of comparability with the corresponding product types of the Community industry. (41) This comparison showed that during the IP the products concerned originating in the countries concerned were sold in the Community at prices which undercut the Community industry's prices, when expressed as a percentage of the latter, as follows: Lithuania between 4 % and 8 %, United States of America: between 0 % and around 2 %. The relatively low undercutting margins are not an indication of non-injurious export prices. On the contrary, they are a result of the price depression exerted on the sales prices of the Community industry. (e) Situation of the Community industry Preliminary remarks (42) Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indices having a bearing on the state of the Community industry. For reasons of confidentiality, figures are presented in an indexed or approximate form. Capacity, production and capacity utilisation rate (43) The production capacity was reduced significantly by 23 % during the period under consideration, mainly as a result of the rationalisation of the production facilities by one of the complaining Community producers. The first reduction of capacity was introduced in 1999 and downsizing continued in the IP. (44) The production of the Community industry decreased by 28 % during the period under consideration. (45) After a decrease of 5 % in 1998, production plummeted in 1999 with a drop of 28 %. This was in line with the shrinking market. After stabilisation in 2000, production recovered slightly during the IP. It should be noted that production decreased following the trend of Community industry's decreasing sales. (46) Given the practically stable production capacity in the period 1997 to 1999, capacity utilisation first followed the same trend as production. After the sharp drop of production in 1999 of 25 %, the Community industry reduced capacity and thereby improved capacity utilisation by 11 % in 2000 and another 13 % during the IP, albeit against the background of an overall capacity reduction. Inventories (47) The level of closing stocks of the Community industry evolved as follows: (48) Stocks decreased by 5 % during the period under consideration but constituted 13 % of the sales volume in 1997 whereas in the IP they accounted for 18 % of the sales volume. Sales volume and market share (49) The sales by the Community industry on the Community market decreased by 35 % in terms of volume and by 40 % in terms of value during the period under consideration. (50) In line with the market, sales to unrelated customers dropped sharply in 1999. While the total consumption in the Community increased after 1999, the Community industry nevertheless sold less during the IP than in the year after the Asian crisis. (51) The market share held by the Community industry decreased by 15 % over the period under consideration. (52) The Community industry lost some market share in the year 1999 and incurred a further substantial loss in 2000. In the IP it was able to regain some market share but was still far below the of 1999. Growth (53) While the Community consumption decreased by 24 % between 1997 and the investigation period, the sales volume of the Community industry decreased by around 35 %. On the other hand, volume of imports concerned increased by 63 %. The Community industry thus lost 12 percentage points of its market share, whereas the imports concerned managed to increase their market share by 14 percentage points during the same period. This means that the Community industry reduced its presence in the market to an extent exceeding the decline in growth of the market between 1997 and the IP. Sales prices (54) The Community producers average net sales price of the product concerned produced and sold in the Community decreased by 6 % between 1997 and the IP. (55) Sales prices remained practically stable until 1999 and were reduced slightly in 2000 and the IP. (56) The evolution in prices should be seen in comparison with the evolution of the unit cost of production. In 1999, the unit cost of the Community industry increased by 16 % mainly because of the decrease in production. Due to the restructuring and the dismissal of employees, the unit costs could be reduced gradually. However, they were still 10 % above the 1997 level. Employment (57) Between 1997 and the IP, the level of employment of the Community industry decreased by 29 %. (58) In an effort to increase productivity in order to reduce unit costs, staff was reduced significantly from 1999 onwards. The reduction was particularly marked in 2000 with a decline of 14 %. Productivity (59) Between 1997 and 1999 productivity, measured as output per person employed per year, fell by 29 % and improved subsequently due to the restructuring of the Community industry. In the IP it just slightly exceeded the 1997 level. Wages (60) Between 1997 and the IP, the average wage per employee increased by 8 %. (61) After stable wages in 1998 and a slight reduction in 1999, nominal average wages per employee increased to a level that was 8 % higher in the IP than in 1997. It should be noted that total wages paid decreased given the lay off of staff. Investments (62) The Community industry's total investments in the product concerned decreased by 42 % between 1997 and the IP. (63) In 1999 investments plummeted by 55 %, then recovered in the IP by 14 % but were still far below the 1997/1998 level. Profitability (64) Over the period under consideration, profitability of sales in the EC to unrelated customers in terms of profit/loss before tax on net sales decreased by 13 to 16 percentage points. (65) The Community industry was profitable in the years 1997 and 1998 with average profitability between 8 % and 16 %. In the aftermath of the Asian crisis, they incurred losses in the range of 17 % and 12 % of turnover. As a result of the reorganisation, the Community industry just reached profitable levels again in the IP but these still remained far below sustainable profit margins. Cash flow, return on investment and ability to raise capital (66) The cash flow generated by the product concerned declined by 84 % during the period under consideration. (67) The cash flow fell by 32 % in 1998 and a further 47 % in 1999. In 2000, it continued to decline and then stabilised in the IP. (68) The return on capital employed developed similarly to the profitability and fell by 93 % between 1997 and the IP. The most significant decline occurred in 1999 when the Community industry incurred losses. Due to the reorganisation it improved by 19 % in 2000 and 21 % in the IP. (69) The investigation has shown that the complaining Community producers were not experiencing difficulties in their ability to raise capital. In this respect, it should be noted that the shareholders of the Community industry decided to support the cellulose acetate business and to provide necessary capital. Magnitude of dumping margin (70) As concerns the impact on the Community industry of the magnitude of the actual margin of dumping, given the volume and the prices of the imports from the countries concerned, this impact is substantial. (f) Conclusion on injury (71) The examination of the abovementioned factors shows that between 1997 and the IP the situation of the Community industry deteriorated. This resulted in a deteriorating market share (- 12 %), profitability (between - 13 % and - 16 %), cash flow (- 84 %) and return on capital employed (-93 %). There were also negative effects as regards production volume (- 28 %) and sales volume (- 35 %). Staff was reduced by 29 % during the period under consideration. However, part of these negative developments were the result of the contraction in demand. The development in terms of capacity utilisation which looks at first sight positive, should be seen in the light of the decreasing sales and market share and the ensuing adjustment process undertaken by the Community industry in terms of capacity reduction. (72) In the light of the foregoing it is provisionally concluded that the Community industry has suffered material injury within the meaning of Article 3 of the basic Regulation. F. CAUSATION (a) Introduction (73) In order to reach its conclusions on the cause of the injury suffered by the Community industry and in accordance with Article 3(6) and (7) of the basic Regulation, the Commission services examined the impact of all known factors and their consequences on the situation in that industry. Known factors other than the dumped imports, which could at the same time have injured the Community industry, were also examined to ensure that the possible injury caused by these other factors was not attributed to the dumped imports. (b) Effects of the dumped imports (74) Between 1997 and the IP, dumped imports from the countries concerned increased significantly in volume (63 %) and in market share (from 12 % in 1997 to 26 % in the IP). As regards the export prices, they decreased substantially during the whole period under consideration and undercut Community's industry prices during the IP on average by 2,9 %. Moreover, undercutting figures did not show the full impact of the dumped imports, since Community prices were depressed (see recital 54). All this coincided with the deterioration of the situation of the Community industry in terms of price reductions, reduced market shares as well as deteriorating profitability. (75) Prices of dumped imports were below those of the Community industry throughout the period under consideration and exerted a pressure on them which forced the Community industry to decrease prices in spite of increasing costs of production. It is therefore considered that the dumped imports caused material injury to the Community industry. (c) Effects of other factors Performance of other Community producers (76) One Community producer not supporting the complaint closed its production facility in the beginning of 2002, phasing out production already during the investigation period. Therefore it can be concluded that the products produced and sold by this only other Community producer did not contribute to the injury suffered by the Community industry. (77) It was submitted that the increase in imports from the United States of America was only due to the lower sales volume by Celanese from its Community production. This argument was provisionally rejected, as the demoralisation of the production was an internal company decision whereas the investigation has to focus on the developments of dumped imports as a whole. Moreover, these dumped imports also coincided with the deterioration of the Community industry's situation. Self-inflicted injury (78) It was submitted that the Community industry imported filament yarn of cellulose acetate from the United States of America at low prices thereby inflicting injury upon itself. This purchase was due to timing problems in the production process. Given the small quantity involved (approximately 1 % of total imports from the countries concerned during the IP), it is provisionally concluded that these imports cannot have contributed to the injury suffered by the Community industry. Adverse exchange rate movements (79) One exporting producer submitted that adverse currency rates (GBP/EUR) were a major contributing factor to the closure of two production plants of a Community producer in the United Kingdom. Indeed, in the press release announcing the plant closure, exchange rate problems were listed as a reason for the decision. However, after examination this seems to have been a minor factor in a wider context. Furthermore, the production facilities in the United Kingdom constituted only a small part of the Community production whereas most of the production capacity as well as the consumption is located in Italy and Spain. Therefore, it was provisionally concluded that this had only a minor impact on the Community industry, if any. Contraction of demand (80) Increased substitution of lower-priced polyester filament yarn for cellulose acetate yarn has occurred in many fabrics, including linings and apparels. In addition, the Community industry as well as the users suffered from competition from downstream products such as fabrics or garments directly imported from the Far East, reinforced after the Asian financial crisis. All parties involved in the proceeding agreed on this aspect. However, the sharp drop of consumption in the Community market occurred between 1998 and 1999 (- 28 %) whilst the imports from the countries concerned remained mainly stable. It was also during that period that the Community industry incurred heavy losses. Subsequently, i.e. in 2000, imports from the countries concerned more than doubled, thereby nearly doubling their market share as well. The consumption in the Community market increased after the Asian crisis by 6 % (1999-IP), whereas the sales volume of the Community industry remained stable during the same period. In terms of sales value, it lost another 6 %. The Community industry adjusted its production capacity as well as the number of employees to the contracted market, but during the IP due to the reduction in its market share, which has been taken over by the dumped imports, it was still only just breaking even. In other words, during the IP the problem for the Community industry was not the contraction in demand (because the industry has adjusted to that already before) but the dumped imports from the countries concerned. It is therefore provisionally concluded that the contraction of demand contributed only to a minor extent to the injury suffered by the Community industry. Imports from third countries (81) According to the available information, the total import volume of the product concerned originating in third countries decreased by 62 %, and their market share fluctuated around 1 %. Therefore, they are provisionally considered not to have had a significant impact on the Community industry. (d) Conclusion on causation (82) Given the above analysis which has properly distinguished and separated the effects of all known factors on the situation of the Community industry from the injurious effects of the dumped imports, it is provisionally concluded that these other factors as such did not reverse the fact that the material injury found may be attributed to the dumped imports. (83) It is therefore provisionally concluded that the dumped imports originating in Lithuania and the United States of America have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation. G. COMMUNITY INTEREST (84) In order to assess the Community interest, the Commission carried out an investigation into the likely effects of the imposition/non-imposition of anti-dumping measures on the economic operators concerned. Questionnaires were sent to all interested parties known to be concerned, including importers, other Community producers and users known to the Commission services. (a) Interest of the Community industry (85) Following an imposition of measures, it is expected that the volume of sales of the product concerned by the Community industry on the Community market would stabilise. This would enable the Community industry to recover lost market shares and, by increasing capacity utilisation, decrease unit production costs and increase productivity. Furthermore, the level of the Community industry's prices would in all likelihood increase moderately as a result. In conclusion, it is expected that the stabilisation in production and sales volume, on the one hand, and the further decrease in unit costs, on the other hand, combined with a moderate price increase, will allow the Community industry to improve its financial situation. (86) On the other hand, should anti-dumping measures not be imposed, it is likely that the negative trend of the Community industry will continue. The Community industry is particularly marked by a loss of sales volume and market shares and insufficient profitability. Indeed, in view of the decreasing sales volume and the material injury suffered during the IP, it is obvious that the financial situation of the Community industry will deteriorate further in the absence of any measures. This would ultimately lead to further cuts in production, closures of certain production lines and therefore threaten employment and investments in the Community. (87) Accordingly, it is provisionally concluded that the imposition of anti-dumping measures would allow the Community industry to recover from the injurious dumping. (b) Interest of unrelated importers/traders in the Community (88) Questionnaires were sent to nine importers named in the complaint, out of which five declared not to be concerned by the investigation as they did not import from the countries concerned or they did not import the product concerned at all during the IP, one is related to a producer in Lithuania and two declared to be users of the product concerned and accordingly received the corresponding questionnaire for users. (89) A trader purchasing only from the Community industry was in favour of anti-dumping duties in order to stabilise the market. (90) Therefore, it can be provisionally concluded that the likely effects of the imposition of anti-dumping measures on unrelated importers/traders would not be significant as no objections were raised. (c) Interest of the user industry (91) The main user of the product concerned in the Community is the textile industry producing linings, women's apparel and furnishings. Most of the users are located in Italy and Spain. (92) Questionnaires were sent to 40 users out of which seven returned a complete questionnaire reply. They represent a total turnover of around EUR105 million and sales of nearly EUR1 million of products incorporating the product concerned. This means that 49 % of their turnover is generated by products incorporating the product concerned. Their purchases of filament yarn of cellulose acetate amounted to 2726 tons which represented 9,5 % of the total consumption in the Community. (93) In addition, several users sent letters outlining their concerns regarding the possible imposition of anti-dumping duties. (94) During the period under consideration, profitability of sales of products incorporating the product concerned in terms of profit/loss before taxes on net sales increased from 3,1 % to 5,1 %. (95) Cellulose acetate presents on average around 27 % of the users' cost of production of products incorporating the product concerned which means that an imposition of a duty would have an impact on their costs of production. As the Community industry still has free capacity and the market might shrink even further, as well as there is also the possibility of sourcing from countries or companies not subject to anti-dumping duty, price increases, if any, are expected to be moderate. (96) Nearly all users expect a decline in demand for filament yarn of cellulose acetate in the Community in the years to come due to the strong competition from the Far East both from finished products and alternative yarns. Consequently, the importance of the product concerned for users will diminish in the future. (97) Users expressed quite diverse opinions on the possible imposition of duties. Some users stressed that the low-priced raw material is essential in order to compete with cheap imports of products from Asia using the product concerned as raw material. Other users claimed that the imports destabilise the market and therefore they supported the imposition of measures. Users processing imports from the countries concerned were against measures and users processing EU material were in favour of measures. (98) Overall, given the diverse views, the user's profitability and the possibility to pass on at least partially price increased in the product concerned, it is provisionally concluded that the imposition of anti-dumping measures will not have serious consequences on the user industry. (d) Interest of raw material suppliers (99) The Community industry as well as one exporting producer buy the main raw material, cellulose flakes from sources in the Community. It was submitted that purchases by the Lithuanian exporting producer would come to a halt affecting the company from which it is sourcing its raw material seriously as this company has only a small customer base. As this claim was not substantiated, it was provisionally rejected. (e) Competition and trade distorting effects (100) It was submitted that the Community industry had a market sharing agreement and thus inflated prices artificially and that an imposition of a duty would lead to a monopoly of the Italian producer as the capacity of the Spanish producer is limited. As these allegations were not substantiated, they were provisionally rejected. (f) Consequences for relations with third countries (101) It has been argued that the imposition of measures is against the Community interest as it will have a negative impact on the Lithuania-EU relations. In this respect, it should be noted that the Community interest test is designed to examine the effect of a possible imposition or non-imposition of anti-dumping measures on the various economic operators in the Community. Therefore, the point raised is not included in the Community interest test. (g) Conclusion on Community interest (102) In the light of the above, it is provisionally concluded that no compelling reasons exist against imposing measures in the present case and that the application of measures would be in the interest of the Community. H. PROVISIONAL MEASURES (a) Injury elimination level (103) The level of the provisional anti-dumping measures should be sufficient to eliminate the injurious effect caused to the Community industry by the dumped imports, without exceeding the dumping margins found. When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports. (104) On the basis of the information available, it was preliminarily found that a profit margin of 12 % of turnover could be regarded as an appropriate level which the Community industry could be expected to obtain in the absence of injurious dumping, taking into account the average level of profitability obtained by the Community Industry in the period 1997 to 1998 i.e. before the effects of the Asian crisis were felt (see recital 80). It is considered that in these years there was a normal competitive and representative situation on the Community market where Community producers competed normally with imports and where the Community industry, in the absence of injurious dumping, made a normal profit margin which in some cases exceeded the level of 12 %. The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market. The non-injurious price has been obtained by adjusting the sales price of the Community industry by the actual loss/profit made during the IP and by adding the abovementioned profit margin. Any difference resulting from this comparison was then expressed as a percentage of the total cif import value. (105) The injury elimination margins thus established are as follows: TABLE (b) Provisional anti-dumping measures (106) In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, a provisional anti-dumping duty should be imposed in respect of imports originating in Lithuania and the United States of America at the level of the lower of the injury margins found, as they are lower than the dumping margins. (107) The levels of the duties proposed are as follows: TABLE (108) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the country wide duty applicable to "all other companies") are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to "all other companies". (109) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission(4) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend the Regulation accordingly by updating the list of companies benefiting from individual rates. I. UNDERTAKINGS (110) The sole cooperating exporting producer in Lithuania, expressed its willingness to offer an undertaking. However, it was provisionally determined that due to the large number of product types concerned in this case, the complexity of distinguishing between these different product types, and the large variance of the unit price of these product types, the monitoring of an undertaking would be impractical. Therefore, the Commission did not consider that an undertaking would provide a satisfactory solution for the purposes of this determination. J. FINAL PROVISION (111) In the interest of a sound administration, a period should be fixed within which the interested parties may make their views known in writing and request a hearing. Furthermore it should be stated that the findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive finding, HAS ADOPTED THIS REGULATION: Article 1 1. A provisional anti-dumping duty is hereby imposed on imports of certain non-textured artificial filament yarn of cellulose acetate, falling within CN codes 5403 33 10, 5403 33 90 and 5403 42 00 and originating in Lithuania and the United States of America. 2. The rate of the provisional anti-dumping duty applicable to the net-at-Community-frontier price, before duty, for products produced by the following companies shall be as follows: TABLE 3. Unless otherwise specified, the provisions in force concerning customs duties shall apply. 4. The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provisions of a security, equivalent to the amount of the provisional duty. Article 2 1. Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may present their views in writing and request a hearing from the Commission within one month of the date of entry into force of this Regulation. 2. Pursuant to Article 21(4) of Regulation No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force. Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. Article 1 of this Regulation shall apply for a period of six months. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 September 2002.

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Commission Decision of 26 April 2002 amending Decisions 2001/925/EC, 2002/33/EC and 2002/209/EC to prolong certain protection measures and detailed conditions in relation to classical swine fever in Spain (notified under document number C(2002) 1501) (Text with EEA relevance) (2002/313/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10(4) thereof, Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(3), and, in particular Article 10(1)(b), Article 11(1)(f), Article 25(3) and Article 29(4) thereof, Whereas: (1) Outbreaks of classical swine fever have occurred in Cataluña in Spain. (2) Spain has taken measures within the framework of Directive 2001/89/EC. (3) In relation to these outbreaks of disease, the Commission adopted: (i) Decision 2001/925/EC(4), as last amended by Decision 2002/243/EC(5), concerning certain protection measures relating to classical swine fever in Spain; (ii) Decision 2002/33/EC(6), as last amended by Decision 2002/243/EC, on the use of two slaughterhouses, in accordance with Article 10(1)(b) of Council Directive 2001/89/EC, by Spain; and (iii) Decision 2002/209/EC(7) updating the conditions for the granting of authorisation for the removal of pigs from holdings located within the protection and surveillance zones established in Spain in relation to classical swine fever and establishing conditions for the marking and use of pigmeat in application of Article 11 of Council Directive 2001/89/EC. (4) In the light of the evolution of the epidemiological situation in the concerned area of Spain, it is appropriate to prolong the adopted measures until 31 May 2002. (5) Decisions 2001/925/EC, 2002/33/EC and 2002/209/EC should therefore be amended accordingly. (6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Article 1 In Article 8 of Decision 2001/925/EC: (a) the words "20 April" are replaced by the words "20 May 2002"; (b) the words "30 April 2002" are replaced by the words "31 May 2002". Article 2 In Article 2 of Decision 2002/33/EC the words "30 April 2002" are replaced by the words "31 May 2002". Article 3 In Article 1 of Decision 2002/209/EC the words "5 March 2002" are replaced by the words "10 April 2002". In Article 9 of Decision 2002/209/EC the words "30 April 2002" are replaced by the words "31 May 2002". Article 4 This Decision is addressed to the Member States. Done at Brussels, 26 April 2002.

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Commission Regulation (EC) No 887/2002 of 28 May 2002 determining the allocation of export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Article 20a of Regulation (EC) No 174/1999 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), as last amended by Commission Regulation (EC) No 509/2002(2), Having regard to Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products(3), as last amended by Regulation (EC) No 787/2002(4), and in particular Article 20a(11) thereof, Whereas: Article 20a of Regulation (EC) No 174/1999 determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country. Applications submitted for the 2002/2003 quota year cover quantities greater than those available. As a result, allocation coefficients should be set for the quantities applied for, HAS ADOPTED THIS REGULATION: Article 1 The quantities covered by export licence applications for the products referred to in Article 20a(3) of Regulation (EC) No 174/1999 submitted for the period 1 July 2002 to 30 June 2003 shall be multiplied by the following allocation coefficients: - 0,607181 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999, - 0,269879 for applications submitted for the part of the quota referred to in Article 20a(4)(b) of Regulation (EC) No 174/1999. Article 2 This Regulation shall enter into force on 1 June 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 May 2002.

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***** COUNCIL DECISION of 17 November 1987 adopting a research and development coordination programme of the European Economic Community in the field of medical and health research (1987 to 1991) (87/551/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 130Q (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 2 of the Treaty assigns to the Community the task, inter alia, of promoting throughout the Community a harmonious development of economic activities, a continuous and balanced expansion and an accelerated raising of the standard of living; Whereas, by Decision 78/167/EEC (4), as amended by Decision 81/21/EEC (5), and Decisions 78/168/EEC (6) and 78/169/EEC (7), the Council adopted three concerted projects as a first programme in the field of medical and public health research; Whereas, by Decision 80/344/EEC (8), the Council adopted a second research programme in the field of medical and public health research; Whereas, by Decision 82/616/EEC (9), the Council adopted a third and sectoral research programme in the field of medical and public health research; Whereas the fourth research and development programme dealt with by this Decision appears necessary to attain, in the course of the operation of the common market, the objectives of the Community as regards the harmonious development of economic activities, a continuous and balanced expansion and an accelerated raising of the standard of living, account being taken in particular of potential economic and industrial development within the fields covered by the research areas; Whereas the Member States intend, in accordance with the rules and procedures applicable to their national programmes, to carry out all or part of the research indicated in Annex I, and are prepared to integrate such research into a process of coordination at Community level until 31 December 1991; Whereas the cost of the research indicated in Annex I, performed in the Member States, is estimated at more than 1 500 million ECU; Whereas, by Decision 87/516/Euratom, EEC (10), the Council has adopted a framework programme of Community activities in the field of research and technological development (1987 to 1991) providing for research to be undertaken related to the quality of life including health; whereas Community research in the field of medical and health research has already contributed effectively to the aim of improving safety and protecting health within the objective of improving living and working conditions; Whereas the European Council in Milan on 28 and 29 June 1985 emphasized the value of launching a European action programme against cancer; whereas, pursuant to the conclusions of further European Councils, the Commission forwarded to the Council a proposal for a 'Europe against cancer' programme for a plan of action (1987 to 1989) towards which the respective research part covered by this Decision would effectively contribute; Whereas AIDS (Acquired Immune Deficiency Syndrome) is a rapidly increasing transmissible disease of the greatest concern to the public healh authorities of the Member States; whereas, pursuant to the resolution on AIDS of the European Parliament (1) and that of the representatives of the Governments of the Member States, meeting within the Council (2), and to the demand of the European Council in London on 5 and 6 December 1986, the Commission forwarded to the Council a 'communication on the fight against AIDS' in which the respective research part covered by this Decision would represent an integral part; Whereas, in addition to the target 'AIDS research' newly incorporated in this programme, the Community shall, as foreseen in the communication from the Commission of 11 February 1987, take steps as soon as possible, in conformity with the conclusions adopted by Community Health Ministers on 15 May 1987, to implement a European action programme on 'the fight against AIDS'; Whereas, in addition to the medical AIDS research to be coordinated by the Commission, the main thrust of this action programme will be psychosocial (information, prevention and assistance to HIV carriers); Whereas the Community is empowered to conclude agreements with non-member States in the fields covered by this Decision; whereas it may prove advisable to associate the non-member States participating in European cooperation in the field of scientific and technical research (COST), wholly or partly with the programme by this Decision; whereas, by Decisions 82/178/EEC (3), 83/224/EEC (4), 83/225/EEC (5), 85/150/EEC (6), 86/71/EEC (7) and 86/233/EEC (8), the Council has concluded or amended such agreements on concerted projects in the field of medical and public health research; Whereas the Committee of Scientific and Technological Reserch (CREST) has given its opinion on the Commission's proposal, HAS DECIDED AS FOLLOWS: Article 1 A research and development coordination programme of the European Economic Community in the field of medical and health research is hereby adopted for a period of five years commencing on 1 January 1987. The programme shall consist of the coordination at Community level, within the research areas described in Annex I, of those activities which form part of the research programmes of the Member States. Article 2 The funds estimated as necessary for the Community contribution to the coordination amount to 65 million ECU, including expenditure on a staff of 12. The internal and indicative distribution of these funds is set out in Annex II. It is anticipated that projects relating to this programme shall be carried out mainly by means of the concerted action method, with the Commission meeting the coordination costs. In other cases, such as fellowships and support for centralized facilities, a more substantial funding may be provided. The Committee referred to in Article 3 will be consulted. Article 3 The Commission shall be responsible for the execution of the programme. It shall be assisted in its tasks by the Management and Coordination Advisory Committee (CGC) on Medical and Health Research, set up by Decision 84/338/Euratom/ECSC/EEC (9). The Committee may be assisted by 'concerted action committee' (COMAC) composed of experts designated by the competent authorities of the Member States. Article 4 During the course of its third year, the Commission shall proceed to the evaluation of the programme, having regard to its objectives set out in Annex I. As a result of this evaluation, the Commission may, following the appropriate procedures and after the Committee referred to in Article 3 has been consulted, submit a proposal to revise the programme. The Council and the European Parliament shall be informed of the results of the evaluation. Article 5 Implementation and coordination of the national contributions to the programme shall be carried out by the national bodies in the list given for guidance in Annex III. Article 6 In accordance with a procedure to be laid down by the Commission, after having consulted the Committee referred to in Article 3, the participating Member States and the Commission shall regularly exchange all useful information concerning the execution of the research covered by this Decision. The participating Member States and the Commission shall exchange all information relevant for coordination purposes. Member States shall also endeavour to provide the Commission with information on similar research planned or carried out by bodies which are not under their authority. Any information shall be treated as confidential if so required by the Member State which provides it. On completion of the programme, the Commission, in agreement with the Committee, shall send to the Member States and the European Parliament a summary report on the implementation and results of the programme, particularly so that the results obtained may be accessible as rapidly as possible to the undertakings, institutions and other parties concerned, especially in the social area. Article 7 1. In accordance with Article 228 of the Treaty, the Council may conclude agreements with the non-member States participating in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with this programme. 2. The Commission is hereby authorized to negotiate the agreements referred to in paragraph 1. Article 8 This Decision shall apply from 1 January 1987 until 31 December 1991. Done at Brussels, 17 November 1987.

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***** COMMISSION REGULATION (EEC) No 3559/86 of 20 November 1986 re-establishing the levying of customs duties on woven fabrics of man-made fibres (discontinuous or waste), unbleached or bleached, products of category ex 3 (code 40.0033), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3600/85 apply THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3600/85 of 17 December 1985 applying generalized tariff preferences for 1986 to textile products originating in developing countries (1), and in particular Article 4 thereof, Whereas Article 2 of that Regulation provides that preferential tariff treatment shall be accorded, for each category of products subjected to individual ceilings not allocated among the Member States, within the limits of the quantities specified in column 7 of Annex I or II thereto, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; whereas Article 3 of that Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level; Whereas, in respect of woven fabrics of man-made fibres (discontinuous or waste), unbleached or bleached, products of category ex 3 (code 40.0033), the relevant ceiling amounts to 5,1 tonnes; whereas on 12 November 1986, imports of the products in question into the Community, originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling; Whereas it is appropriate to re-establish the levying of customs duties for the products in quesiton with regard to Pakistan, HAS ADOPTED THIS REGULATION: Article 1 As from 25 November 1986, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3600/85, shall be re-established in respect of the following products, imported into the Community and originating in Pakistan: 1.2.3.4.5 // // // // // // Code // Category // CCT heading No // NIMEXE code // Description // // // // // // // (1) // (2) // (3) // (4) // // // // // // 40.0033 // ex 3 // ex 56.07 A // // Woven fabrics of man-made fibres (discontinuous or waste): // // // // // A. Of synthetic textile fibres: // // // // // Woven farics of synthetic fibres (discontinuous or waste), other than narrow woven farics, pile fabrics (including terry fabrics) and chenille fabrics: // // // // 56.07-04, 10, 20, 30, 39, 45 // - Unbleached or bleached // // // // // Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 November 1986.

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COMMISSION DECISION of 24 June 2005 concerning the financing of studies, impact assessments and evaluations covering the areas of food safety, animal health and welfare and zootechnics (2005/472/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof, Whereas: (1) In accordance with Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field, the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training. (2) Studies, impact assessments as well as systematic and timely evaluations of its expenditure programmes are an established priority for the European Commission (EC), as a means of accounting for the management of allocated funds and as a way of promoting a lesson-learning culture throughout the organisation, particularly in a context of increased focus on results-based management. (3) In order to carry out these tasks, a call for tender for an evaluation framework contract covering the policy areas of food safety, animal health and welfare and zootechnics has been launched following an open procedure during the last quarter 2004. (4) This framework contract is expected to provide high quality, timely and relevant information which will serve as a basis for Community decision making. (5) All individual tasks shall be subject to specific agreements. These agreements shall be signed between the Commission and the selected contractor as defined in the framework contract. (6) The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS DECIDED AS FOLLOWS: Sole Article The actions described in the Annex to this Decision are approved for the purpose of their financing. Done at Brussels, 24 June 2005.

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Commission Regulation (EC) No 1220/2002 of 5 July 2002 determining the extent to which applications lodged in June 2002 for import rights in respect of frozen beef intended for processing may be accepted THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Commission Regulation (EC) No 995/2002 of 11 June 2002 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2002 to 30 June 2003) [1], and in particular the second subparagraph of Article 3(4) thereof, Whereas: (1) Article 1(2) of Regulation (EC) No 995/2002 fixes the quantities of frozen beef intended for processing which may be imported under special terms in the period from 1 July 2002 to 30 June 2003. (2) Article 3(4) of Regulation (EC) No 995/2002 lays down that the quantities applied for may be reduced. The applications lodged for "A" products relate to total quantities which exceed the quantities available. Under these circumstances and taking care to ensure an equitable distribution of the available quantities, it is appropriate to reduce proportionally the quantities applied for. The quantities for "B" products covered by import rights applications are such that import licenses may be granted for the full quantities applied for, HAS ADOPTED THIS REGULATION: Article 1 Every application for import rights lodged in accordance with Regulation (EC) No 995/2002 for the period 1 July 2002 to 30 June 2003 shall be granted to the following extent, expressed as bone-in beef: (a) 88,0903 % of the quantity requested for beef imports intended for the manufacture of "preserves" as defined by Article 1(2)(a) of Regulation (EC) No 995/2002; (b) 100 % of the quantity requested for beef imports intended for the manufacture of products as defined by Article 1(2)(b) of Regulation (EC) No 995/2002. Article 2 This Regulation shall enter into force on 6 July 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 July 2002.

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COMMISSION REGULATION (EC) No 1346/97 of 14 July 1997 fixing for the 1997/98 marketing year the minimum price and the amount of production aid for processed tomato products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products (1), and in particular Articles 3 (3) and 4 (9) thereof, Whereas pursuant to Article 3 (1) of Regulation (EC) No 2201/96 the minimum price to be paid to producers is to be determined on the basis of the minimum price applying during the previous marketing year, the movement of basic prices in the fruit and vegetable sector and the need to ensure the normal marketing of fresh products for the various uses, including supply to the processing industry; Whereas Commission Regulation (EEC) No 2022/92 (2), which lays down detailed rules of application for the minimum price to be paid to producers for certain tomatoes used in the production of tomato concentrate, juice and flakes on the basis of the soluble dry weight content, should continue to apply; Whereas Article 4 of Regulation (EC) No 2201/96 lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed or calculated before the reduction provided for in paragraph 10 of that Article for the previous marketing year, adjusted to take account of changes in the minimum price to be paid to producers and the difference between the cost of the raw material in the Community and in the major competing third countries; whereas, in respect of tomato concentrates, preserved whole peeled and unpeeled tomatoes and tomato juices, trends in the volume and prices of imports must be taken into consideration; Whereas Article 4 (10) of Regulation (EC) No 2201/96 stipulates that the aid fixed for tomato concentrates and their derivatives is to be reduced by 5,37 %; whereas a supplement to the reduced aid is to be paid on the basis of the quantities of tomato concentrate produced for France and Portugal; Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by his chairman, HAS ADOPTED THIS REGULATION: Article 1 For the 1997/98 marketing year the minimum price referred to in Article 3 of Regulation (EC) No 2201/96 to be paid to producers shall be as set out in Annex I. Article 2 1. For the 1997/98 marketing year the level of production aid referred to in Article 4 of the same Regulation shall be as set out in Annex II. 2. The additional aid for tomato concentrate, juice and flakes as referred to in the second subparagraph of Article 4 (10) of Regulation (EC) No 2201/96 shall be fixed by the Commission if the condition provided for in the said subparagraph is met. Article 3 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 July 1997.

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COUNCIL DECISION of 18 July 1995 appointing an alternate member of the Committee of the Regions (95/316/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof, Having regard to the Council Decision 94/65/EC of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1), Whereas a seat for an alternate member has become vacant on the Committee of the Regions following the resignation of Mr Pupillo, notified to the Council on 10 May 1995; Having regard to the proposal from the Italian Government, HAS DECIDED AS FOLLOWS: Sole Article Mr Aldo Bottin is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pupillo for the remainder of the latter's term of office, which runs until 25 January 1998. Done at Brussels, 18 July 1995.

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COMMISSION REGULATION (EEC) No 1129/93 of 7 May 1993 fixing the minimum import price applicable to certain types of processed cherries during the 1993/94 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1569/92 (2), and in particular Article 9 (6) thereof, Whereas, by Council Regulation (EEC) No 3953/92 of 21 December 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, Slovenia and the territory of the former Yugoslav Republic of Macedonia (3), and in particular Article 10 thereof; Whereas Council Regulation (EEC) No 3225/88 (4) fixes general rules for the system of minimum import prices for certain processed cherries; Whereas, pursuant to Article 9 (2) of Regulation (EEC) No 426/86, minimum import prices are to be determined having regard in particular to: - the free-at-frontier prices on import into the Community, - the prices obtained on world markets, - the situation on the internal Community market, - the trend of trade with non-member countries; Whereas a minimum import price should be fixed on the basis of the abovementioned criteria for the 1993/94 marketing year for certain types of processed cherries listed in Annex I (B) to Regulation (EEC) No 426/86; whereas the minimum price thus established must apply to the same products originating in the Republics of Bosnia-Herzegovina, Croatia, Slovenia and the territory of the former Yugoslav Republic of Macedonia, referred to in Regulation (EEC) No 3953/92; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 Pursuant to Article 9 (1) of Regulation (EEC) No 426/86 and the second subparagraph of Article 5 (2) of Regulation (EEC) No 3953/92, for each of the products listed in the Annex to this Regulation, the minimum import price applicable during the 1993/94 marketing year shall be as set out in that Annex. Article 2 This Regulation shall enter into force on 10 May 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 May 1993.

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Commission Directive 2004/21/EC of 24 February 2004 relating to restrictions on the marketing and use of "azo colourants" (thirteenth adaptation to technical progress of Council Directive 76/769/EEC) (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2002/61/EC(1) of the European Parliament and of the Council of 19 July 2002 amending for the nineteenth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (azocolourants)and in particular Article 2 thereof, Whereas: (1) According to Directive 2002/61/EC amending for the nineteenth time Council Directive 76/769/EEC(2) of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations certain azocolourants are not to be used in textiles and leather articles. Those textiles or leather articles may not be placed on the market unless they conform to the requirements set out in that Directive. (2) Article 2 of Directive 2002/61/EC requires the adoption of testing methods for the application of point 43 of Annex I to Directive 76/769/EEC. (3) The European Committee for Standardisation (CEN) has developed testing methods, which should be used for testing textile and leather articles in accordance with the application of point 43 of Annex I to Directive 76/769/EEC. (4) This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(3), and Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC(4)). (5) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex I to Directive 76/769/EEC is amended as set out in the Annex to this Directive. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof. When Member States adopt those provisions, these shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Article 4 This Directive is addressed to the Member States. Done at Brussels, 24 February 2004.

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***** COMMISSION REGULATION (EEC) No 1680/87 of 16 June 1987 amending Regulation (EEC) No 1726/84 as regards the time limit for the entry into storage of butter sold under Regulations (EEC) No 262/79 and (EEC) No 3143/85 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 773/87 (2), and in particular Article 6 (7) thereof, Whereas under Article 1 of Commission Regulation (EEC) No 262/79 of 12 February 1979 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs (3), as last amended by Regulation (EEC) No 665/86 (4), the butter put up for sale must have entered into storage before a date to be determined; whereas the same procedure is to be followed for the sale of butter under the regime laid down by Commission Regulation (EEC) No 3143/85 (5), as last amended by Regulation (EEC) No 1096/87 (6); whereas, in view of the level of butter stocks, the dates specified in Article 1 of Commission Regulation (EEC) No 1726/84 (7), as last amended by Regulation (EEC) No 1257/87 (8), determining the time limit for the entry into storage of butter sold pursuant to Regulations (EEC) No 262/79 and (EEC) No 3143/85, should be altered; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1726/84 is hereby amended as follows: 1. In the first subparagraph of Article 1, '1 January 1985' is hereby replaced by '1 January 1986'. 2. In the second subparagraph of Article 1, '1 January 1985' is hereby replaced by '1 July 1985'. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 June 1987.

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COMMISSION DECISION of 13 December 1995 authorizing a method for grading pig carcases in Austria (Only the German text is authentic) (96/4/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 thereof, Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), as last amended by Regulation (EC) No 3513/93 (2), and in particular Article 5 (2) thereof, Whereas Article 2 (3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; whereas the authorization of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; whereas this tolerance has been defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3), as amended by Regulation (EC) No 3127/94 (4); Whereas the Austrian Government has requested the Commission to authorize the use of a single method of grading pig carcases on its territory and has submitted for this purpose the information required in Article 3 of Regulation (EEC) No 2967/85 before its amendment by Regulation (EC) No 3127/94; whereas the authorization of that method of grading as a transitional method applicable until 31 December 1997 is justified for the purposes of facilitating the transition from Austria's current grading system to the Community system; Whereas no modification of the grading method may be authorized except by means of a Commission decision adopted in the light of experience gained; whereas, for this reason, the present authorization may be revoked; Whereas Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorized to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant this; Whereas in Austria the technical requirements relating to the use of the grading method and, consequently, commercial practice, necessitate the attachment of the flare fat, kidneys and diaphragm to the carcase; whereas this should be taken into account in adjusting the weight recorded to the weight for standard presentation; Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat, HAS ADOPTED THIS DECISION: Article 1 Use of the assessment method known as the 'Zwei-Punkte-Meßverfahren (ZP)`, details of which are given in the Annex hereto, is hereby authorized as the only method for the grading of pig carcases in Austria in accordance with Regulation (EEC) No 3220/84. Article 2 No modification of the assessment method (site of measurement or formula) shall be authorized. Article 3 Notwithstanding the standard presentation referred to in Article 2 of Regulation (EEC) No 3220/84, the pig carcases can be presented with the flare fat, kidneys, and diaphragm when being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be decreased by 2,3 %. Article 4 This Decision is addressed to the Republic of Austria. It shall apply until 31 December 1997. Done at Brussels, 13 December 1995.

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COMMISSION REGULATION (EC) No 1557/2005 of 23 September 2005 determining the extent to which applications lodged in September 2005 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 October to 31 December 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: (1) The applications for import licences lodged for the fourth quarter of 2005 are for quantities less than the quantities available and can therefore be met in full. (2) The surplus to be added to the quantity available for the following period should be determined, HAS ADOPTED THIS REGULATION: Article 1 1. Applications for import licences for the period 1 October to 31 December 2005 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in Annex I. 2. For the period 1 January to 31 March 2006, applications may be lodged pursuant to Regulation (EC) No 1458/2003 for import licences for a total quantity as referred to in Annex II. Article 2 This Regulation shall enter into force on 1 October 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 September 2005.

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COMMISSION REGULATION (EC) No 1257/2004 of 7 July 2004 prohibiting fishing for blue whiting by vessels flying the flag of a Member State THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 1954/2003 (2), and in particular Article 21(3) thereof, Whereas: (1) Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required lays down quotas for blue whiting for 2004 (3). (2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated. (3) According to the information received by the Commission, catches of blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State have exhausted the quota allocated for 2004. The Community has prohibited fishing for this stock from 29 April 2004. This date should be adopted in this Regulation also, HAS ADOPTED THIS REGULATION: Article 1 Catches of blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State are hereby deemed to have exhausted the quota allocated to the Community for 2004. Fishing for blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State is hereby prohibited, as are the retention on board, transshipment and landing of this stock caught by the above vessels after the date of application of 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. It shall apply from 29 April 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 July 2004.

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***** COMMISSION DECISION of 5 March 1987 on the improvement of agricultural structures in the Netherlands pursuant to Council Regulation (EEC) No 797/85 (Only the Dutch text is authentic) (87/193/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 2224/86 (2), and in particular Article 25 (3) thereof, Whereas on 19 November and 8 December 1986, the Netherlands Government notified, pursuant to Article 24 (4) of Regulation (EEC) No 797/85: - Decree No J 4765 of 8 September 1986 amending the Decree on the aids granted to less-favoured areas, - the Decision of 16 October 1986 of the Board of the Foundation administering the Agricultural Development and Reorganization Fund, amending Decision No 352 of the Board adopting the Order on the improvement of agricultural structures; Whereas, under Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether, in the light of the above communications, the provisions adopted in the Netherlands pursuant to Titles I and III of Regulation (EEC) No 797/85 continue to satisfy the conditions for a financial contribution by the Community; Whereas, moreover, the Commission reserved the right in its Decision 86/117/EEC (3), to check whether the provisions taken in Decision No 352 of the Board adopting the Order on the improvement of farm structures continue to satisfy the objectives of Title I of Regulation (EEC) No 797/85; Whereas, in the light of the situation on the markets in agricultural products and the Development of the common agricultural policy, the system of aid for investments provided for in Decision No 352 must be regarded as meeting the objectives of Regulation (EEC) No 797/85; Whereas the measures laid down by the provisions notified on 19 November and 8 December 1986 satisfy the conditions of Regulation (EEC) No 797/85; Whereas the European Agricultural Guidance and Guarantee Fund (EAGGF) Committee has been consulted on the financial aspects; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure, HAS ADOPTED THIS DECISION: Article 1 The measures adopted in the Netherlands pursuant to Titles I and III of Regulation (EEC) No 797/85 and referred to in the recitals continue to satisfy the conditions for a financial contribution by the Community towards the common measure referred to in Article 1 of that Regulation. Article 2 This Decision is addressed to the Netherlands. Done at Brussels, 5 March 1987.

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COMMISSION REGULATION (EC) No 1186/2008 of 28 November 2008 fixing the import duties in the cereals sector applicable from 1 December 2008 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (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 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof, Whereas: (1) Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. (2) Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. (3) Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. (4) Import duties should be fixed for the period from 1 December 2008 and should apply until new import duties are fixed and enter into force. (5) However, in accordance with Commission Regulation (EC) No 608/2008 of 26 June 2008 temporarily suspending customs duties on imports of certain cereals for the 2008/2009 marketing year (3), the application of certain duties set by this Regulation is suspended, HAS ADOPTED THIS REGULATION: Article 1 From 1 December 2008, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II. Article 2 This Regulation shall enter into force on 1 December 2008. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 November 2008.

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