(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,

(1)

The third indent of Article 31(10) of Regulation (EC) No 1255/1999 stipulates that in the case of differentiated refunds the refund is to be paid on presentation of proof that the products have reached the destination indicated on the licence or another destination for which a refund was fixed. Exceptions may be made to this rule in accordance with the procedure laid down in Article 42 of the same Regulation, provided conditions are laid down which offer equivalent guarantees.

(2)

Commission Regulation (EC) No 351/2004 of 26 February 2004 fixing the export refunds on milk and milk products (2) has introduced refunds differentiated according to destination for all milk products from 27 February 2004.

(3)

Article 16 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (3) indicates which documents may serve as proof that customs formalities for importation have been completed in a third country in cases where the refund rate is differentiated according to destination. Under that Article, the Commission may decide, in certain specific cases to be determined, that proof of import as referred to in that Article may be furnished by a specific document or in any other way.

(4)

Since subjecting the payment of refunds to the requirements of Article 16 of Regulation (EC) No 800/1999 entails a substantial change in the administrative procedures for both the national authorities and exporters, it has administrative implications and represents a significant financial burden. Obtaining the proof referred to in Article 16 of that Regulation can pose considerable administrative difficulties in some countries. Furthermore, the particular conditions of export of dairy products may render obtaining such proofs even more difficult and burdensome.

(5)

To alleviate some of the administrative and financial constraints imposed on exporters, and in order to allow the authorities and exporters to set up the new arrangements for the products concerned and introduce the procedures needed to ensure that all the formalities to be completed run smoothly, Commission Regulation (EC) No 423/2006 of 13 March 2006 derogating from Regulation (EC) No 800/1999 as regards proof that customs formalities for importation of milk and milk products in third countries have been completed (4) as provided for in Article 16 of Regulation (EC) No 800/1999, provides for a transitional period during which the proof that customs formalities for importation have been completed is made easier. That period expired on 31 December 2006.

(6)

However, in many of the countries of destination appropriate procedures and adequate means to provide for the necessary documents are still not in place. In order to prevent traders from not being granted the export refund for that reason, it is necessary to continue to provide for a transitional regime.

(7)

It is appropriate to remind the provisions of Article 20 of Regulation (EC) No 800/1999 allowing the competent authorities of the Member States, in case any doubt exists as to the destination of the exported products, to require additional evidence for all refunds proving to their satisfaction that the product has actually been placed on the market in the importing third country.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2006 to 30 June 2007 at 11 500 t.

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

(1)

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

(2)

Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished.

(3)

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

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wines,

(1)

Under Article 3(1)(u) of the EC Treaty, the activities of the Community are to include measures in the sphere of civil protection.

(2)

To that effect, a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (the Mechanism) was established by Decision 2001/792/EC, Euratom (2).

(3)

Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (3) expired on 31 December 2006.

(4)

It is necessary to establish a civil protection financial instrument (the Instrument) under which financial assistance may be given, both as a contribution to improving the effectiveness of response to major emergencies, in particular in the context of Decision 2001/792/EC, Euratom, and to enhancing preventive and preparedness measures for all kinds of emergencies such as natural and man-made disasters, acts of terrorism including chemical, biological, radiological and nuclear terrorism, and technological, radiological or environmental accidents, including the continuation of measures that were previously taken under Decision 1999/847/EC.

(5)

In order to ensure continuity with Decision 1999/847/EC, this Decision should apply from 1 January 2007.

(6)

The Instrument will ensure the visible expression of European solidarity towards countries affected by major emergencies by facilitating the provision of assistance through mobilisation of Member States' intervention assets.

(7)

The isolated and outermost regions and some other regions or islands of the Community often have special characteristics and needs owing to their geography, terrain, and social and economic circumstances. These have adverse effects, hamper the deployment of assistance and intervention resources making it difficult to deliver aid and means of assistance, and create particular needs for assistance in the event of serious risk of a major emergency.

(8)

This Decision should not affect actions falling under Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (4), the public health measures adopted under Community legislation concerning Community action programmes in the field of health, nor the consumer safety measures adopted under 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) (5).

(9)

For reasons of coherence, actions falling under Council Decision 2007/124/EC, Euratom of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Security and Safeguarding Liberties, the specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’ (6) or relating to the maintenance of law and order and the safeguarding of internal security should not be covered by this Decision.

(10)

This Decision should not apply to activities covered by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (7).

(11)

Following the expiry, on 31 December 2006, of Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (8) this Decision should cover the response to accidental marine pollution emergencies through the Mechanism. The preparedness and prevention aspects should be covered by other instruments such as Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing the European Maritime Safety Agency (9).

(12)

To ensure the effective operation of the Instrument, it is appropriate that actions for which financial assistance is granted have the potential to make a practical and timely contribution to prevention of and preparedness for emergencies and to response to major emergencies.

(13)

The Mechanism should be supported by an effective and integrated detection and early warning system that can alert Member States and the Community to disasters or threats of disasters that may affect the territory of the Member States. While decisions on the creation of such systems should be made under other specific instruments, the Instrument should, as the Mechanism is a user, contribute to the creation of such systems by indicating what is needed and by ensuring those systems are both interlinked and connected to the Mechanism. Once these systems are in place, the Mechanism should make full use of them and contribute to their development through all means that are otherwise available under this Decision.

(14)

The Commission should provide appropriate logistical support for the assessment and/or coordination experts it deploys.

(15)

It is the responsibility of the Member States to provide equipment and transport for the civil protection assistance they offer in the framework of the Mechanism. Member States should also provide adequate logistical support for the intervention teams or modules that they deploy.

(16)

The Commission has, however, a role in supporting Member States by facilitating the pooling of Member States' transport and equipment resources. The Commission could also assist the Member States to identify, and facilitate their access to, transport resources that may be available from other sources, including the commercial market. The Commission could assist the Member States to identify the equipment that may be available from other sources.

(17)

The Commission should also be in a position to complement, where necessary, the transport provided by Member States by financing additional transport necessary to ensure the timely delivery and effectiveness of the civil protection response under the Mechanism. Such financing should be subject to certain criteria and to reimbursement of part of the funding received.

(18)

The award of public procurement contracts and grants under the Instrument should be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) (the Financial Regulation). Due to the specific nature of action in the field of civil protection, it is appropriate to provide that financial assistance may also be awarded to natural persons. It is also important that the rules of that Regulation have been met, in particular regarding the principles of economy, efficiency and effectiveness laid down therein.

(19)

Participation of third countries in the Instrument should be possible.

(20)

Where the Mechanism is responding to a request for assistance outside the Community as a part of the overall Community humanitarian response, it is of particular importance that there be complementarity and coherence between actions under this Decision and actions financed under Regulation (EC) No 1257/96 and that actions under this Decision be governed by the humanitarian principles established in that Regulation, namely that those actions should, as is the general rule in civil protection, be non discriminatory, independent, impartial and in accordance with the victim's needs and interests.

(21)

Coordination and consistency with the actions of international organisations and agencies should be ensured for interventions in third countries.

(22)

To improve the Commission's ability to follow the implementation of this Decision, it should be possible, on the initiative of the Commission, to finance expenditure related to the monitoring, control, audit and evaluation thereof.

(23)

Appropriate provision should be made to ensure adequate monitoring of the implementation of the actions receiving financial assistance under the Instrument.

(24)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities financial interests (11), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (12) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (13).

(25)

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 (14), with a distinction being made between those measures which are subject to the management procedure and those which are subject to the regulatory procedure, the latter, in certain cases, given the importance of the measures to be taken, being the most appropriate.

(26)

A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15), is included in this Decision for the entire duration of the Instrument, without thereby affecting the powers of the budgetary authority as they are defined by the EC Treaty. It is understood that this amount should be financed partly from subheading 3B ‘Citizenship’ and partly from subheading 4 ‘The EU as a global partner’ of the financial framework 2007-2013.

(27)

The implementation of this Decision should be evaluated regularly.

(28)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States acting alone and can therefore, by reason of the scale and effects of the actions to be financed under the Instrument, taking into account the benefits in terms of reducing the loss of human life, injuries, environmental, economic and material damage, 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 EC 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.

(29)

The EC Treaty and the Euratom Treaty provide for no powers, other than those under Articles 308 and 203, respectively, for the adoption of this Decision,

(a)

‘emergency’ means any situation which has or may have an adverse impact on people, the environment or property;

(b)

‘major emergency’ means any situation which has or may have an adverse impact on people, the environment or property and that may result in a call for assistance under the Mechanism;

(c)

‘response’ means any action taken under the Mechanism during or after a major emergency to address its immediate consequences;

(d)

‘preparedness’ means a state of readiness and capability of human and material means enabling them to ensure an effective rapid response to an emergency, obtained as a result of action taken in advance;

(e)

‘prevention’ means any action that supports Member States in preventing risks or reducing harm to people, the environment or property resulting from emergencies;

(f)

‘early warning’ means the timely and effective provision of information that allows action to be taken to avoid or reduce risks and ensure preparedness for an effective response.