# Official Journal L 106/27 A

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 106 |
| | |
| English edition | Legislation | Volume 4827 April 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 106

English edition

Legislation

Volume 4827 April 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 631/2005 of 26 April 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 632/2005 of 26 April 2005 amending Regulation (EC) No 1185/2004 opening a standing invitation to tender for the export of rye held by the German intervention agency | 3 |
| | | Commission Regulation (EC) No 633/2005 of 26 April 2005 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples) | 4 |
| | * | Commission Regulation (EC) No 634/2005 of 26 April 2005 concerning the classification of certain goods in the Combined Nomenclature | 7 |
| | * | Commission Regulation (EC) No 635/2005 of 26 April 2005 concerning the classification of certain goods in the Combined Nomenclature | 10 |
| | | Commission Regulation (EC) No 636/2005 of 26 April 2005 on the issue of import licences for rice against applications submitted during the first 10 working days of April 2005 pursuant to Regulation (EC) No 327/98 | 13 |
| | | Commission Regulation (EC) No 637/2005 of 26 April 2005 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 | 15 |
| | | Commission Regulation (EC) No 638/2005 of 26 April 2005 fixing the production refund for olive oil used in the manufacture of certain preserved foods | 16 |
| | * | Commission Directive 2005/30/EC of 22 April 2005 amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles (
  1
  ) | 17 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 631/2005 of 26 April 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 632/2005 of 26 April 2005 amending Regulation (EC) No 1185/2004 opening a standing invitation to tender for the export of rye held by the German intervention agency

3

Commission Regulation (EC) No 633/2005 of 26 April 2005 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)

4

*

Commission Regulation (EC) No 634/2005 of 26 April 2005 concerning the classification of certain goods in the Combined Nomenclature

7

*

Commission Regulation (EC) No 635/2005 of 26 April 2005 concerning the classification of certain goods in the Combined Nomenclature

10

Commission Regulation (EC) No 636/2005 of 26 April 2005 on the issue of import licences for rice against applications submitted during the first 10 working days of April 2005 pursuant to Regulation (EC) No 327/98

13

Commission Regulation (EC) No 637/2005 of 26 April 2005 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

15

Commission Regulation (EC) No 638/2005 of 26 April 2005 fixing the production refund for olive oil used in the manufacture of certain preserved foods

16

*

Commission Directive 2005/30/EC of 22 April 2005 amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles (
  1
  )

1

17

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Common Position 2005/329/PESC of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons | 32 |
| | * | Council Joint Action 2005/330/CFSP of 26 April 2005 amending the mandate of the Special Representative of the European Union for the South Caucasus | 36 |

Acts adopted under Title V of the Treaty on European Union

*

Council Common Position 2005/329/PESC of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons

32

*

Council Joint Action 2005/330/CFSP of 26 April 2005 amending the mandate of the Special Representative of the European Union for the South Caucasus

36

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 426/2005 of 15 March 2005 imposing a provisional anti-dumping duty on imports of certain finished polyester filament apparel fabrics originating in the People’s Republic of China ( OJ L 69, 16.3.2005 ) | 37 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 426/2005 of 15 March 2005 imposing a provisional anti-dumping duty on imports of certain finished polyester filament apparel fabrics originating in the People’s Republic of China ( OJ L 69, 16.3.2005 )

37

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 27.4.2005 | EN | Official Journal of the European Union | L 106/1 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/1

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COMMISSION REGULATION (EC) No 631/2005

of 26 April 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. |
| --- | --- |

(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, |
| --- | --- |

(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 27 April 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

---

ANNEX

to Commission Regulation of 26 April 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 103,6 |
| 204 | 98,1 |
| 212 | 129,8 |
| 624 | 168,0 |
| 999 | 124,9 |
| 0707 00 05 | 052 | 152,4 |
| 204 | 76,2 |
| 999 | 114,3 |
| 0709 90 70 | 052 | 99,0 |
| 204 | 44,2 |
| 999 | 71,6 |
| 0805 10 20 | 052 | 54,4 |
| 204 | 45,2 |
| 212 | 58,1 |
| 220 | 47,8 |
| 388 | 62,0 |
| 400 | 53,3 |
| 624 | 73,9 |
| 999 | 56,4 |
| 0805 50 10 | 052 | 65,2 |
| 220 | 65,0 |
| 388 | 67,8 |
| 400 | 69,6 |
| 528 | 65,2 |
| 624 | 67,3 |
| 999 | 66,7 |
| 0808 10 80 | 388 | 86,3 |
| 400 | 122,8 |
| 404 | 94,3 |
| 508 | 67,2 |
| 512 | 69,4 |
| 524 | 65,9 |
| 528 | 65,1 |
| 720 | 82,6 |
| 804 | 112,9 |
| 999 | 85,2 |
| 0808 20 50 | 388 | 87,9 |
| 512 | 63,9 |
| 528 | 65,2 |
| 720 | 72,2 |
| 999 | 72,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

103,6

204

98,1

212

129,8

624

168,0

999

124,9

0707 00 05

052

152,4

204

76,2

999

114,3

0709 90 70

052

99,0

204

44,2

999

71,6

0805 10 20

052

54,4

204

45,2

212

58,1

220

47,8

388

62,0

400

53,3

624

73,9

999

56,4

0805 50 10

052

65,2

220

65,0

388

67,8

400

69,6

528

65,2

624

67,3

999

66,7

0808 10 80

388

86,3

400

122,8

404

94,3

508

67,2

512

69,4

524

65,9

528

65,1

720

82,6

804

112,9

999

85,2

0808 20 50

388

87,9

512

63,9

528

65,2

720

72,2

999

72,3

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘
  999
  ’ stands for ‘of other origin’.

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| 27.4.2005 | EN | Official Journal of the European Union | L 106/3 |
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27.4.2005

EN

Official Journal of the European Union

L 106/3

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COMMISSION REGULATION (EC) No 632/2005

of 26 April 2005

amending Regulation (EC) No 1185/2004 opening a standing invitation to tender for the export of rye held by the German intervention agency

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 6 thereof,

Whereas:

| (1) | Regulation (EC) No 1185/2004 (2) has opened a standing invitation to tender for the export of rye held by the German intervention agency. |
| --- | --- |

(1)

Regulation (EC) No 1185/2004 (2) has opened a standing invitation to tender for the export of rye held by the German intervention agency.

| (2) | Article 5(4) thereof states the address where the tenders must be lodged with the German intervention agency. As a result of an internal reorganisation within the German administrative authorities, this address must be amended. |
| --- | --- |

(2)

Article 5(4) thereof states the address where the tenders must be lodged with the German intervention agency. As a result of an internal reorganisation within the German administrative authorities, this address must be amended.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(3)

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

Article 5(4) of Regulation (EC) No 1185/2004 is hereby replaced by the following:

‘4.   Tenders must be lodged with the German intervention agency:

| Bundesanstalt für Landwirtschaft und Ernährung (BLE) |
| --- |
| Deichmannsaue 29 |
| D-53179 Bonn |
| Fax | (49) 228 6845 3985
  (49) 228 6845 3276 |

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Deichmannsaue 29

D-53179 Bonn

Fax

(49) 228 6845 3985

(49) 228 6845 3276

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 apply from 9.00 (Brussels time) on 28 April 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 227, 26.6.2004, p. 11. Regulation last amended by Regulation (EC) No 1730/2004 (OJ L 307, 5.10.2004, p. 3).

2

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| 27.4.2005 | EN | Official Journal of the European Union | L 106/4 |
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27.4.2005

EN

Official Journal of the European Union

L 106/4

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COMMISSION REGULATION (EC) No 633/2005

of 26 April 2005

opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular the third subparagraph of Article 35(3) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables. |
| --- | --- |

(1)

Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

| (2) | Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty. |
| --- | --- |

(2)

Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

| (3) | Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned. |
| --- | --- |

(3)

Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned.

| (4) | Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned. |
| --- | --- |

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

| (5) | In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint. |
| --- | --- |

(5)

In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

| (6) | The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination. |
| --- | --- |

(6)

The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

| (7) | Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities. |
| --- | --- |

(7)

Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

| (8) | In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned. |
| --- | --- |

(8)

In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables, |
| --- | --- |

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender for the allocation of A3 export licences is hereby opened. The products concerned, the tender submission period, the indicative refund rates and the scheduled quantities are laid down in the Annex hereto.

2.   The licences issued in respect of food aid as referred to in Article 16 of Commission Regulation (EC) No 1291/2000 (4) shall not count against the eligible quantities in the Annex hereto.

3.   Notwithstanding Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of the A3 licences shall be two months.

Article 2

This Regulation shall enter into force on 4 May 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

2

(3)  
  OJ L 366, 24.12.1987, p. 1. Regulation as last amended by Regulation (EC) No 2180/2003 (OJ L 335, 22.12.2003, p. 1).

3

(4)  
  OJ L 152, 24.6.2000, p. 1.

4

---

ANNEX

INVITATION TO TENDER FOR THE ALLOCATION OF A3 EXPORT LICENCES FOR FRUIT AND VEGETABLES (TOMATOES, ORANGES, LEMONS AND APPLES)

| Tender submission period: 4 to 5 May 2005 |
| --- |
| Product code (1) | Destination (2) | Indicative refund amount
  (EUR/t net) | Scheduled quantity
  (t) |
| 0702 00 00 9100 | F08 | 45 | 10 000 |
| 0805 10 20 9100 | A00 | 45 | 10 000 |
| 0805 50 10 9100 | A00 | 70 | 10 000 |
| 0808 10 80 9100 | F09 | 46 | 33 333 |

Tender submission period: 4 to 5 May 2005

Product code (1)

Destination (2)

Indicative refund amount

(EUR/t net)

Scheduled quantity

(t)

0702 00 00 9100

F08

45

10 000

0805 10 20 9100

A00

45

10 000

0805 50 10 9100

A00

70

10 000

0808 10 80 9100

F09

46

33 333

---

(1)  The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

(2)  The ‘
  A
  ’ series destination codes are defined in Annex II to Regulation (EEC) No 3846/87. The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). The other destinations are defined as follows:

| F03 | All destinations except Switzerland. |
| --- | --- |
| F04 | Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay, Paraguay, Argentina, Mexico, Costa Rica. |
| F08 | All destinations except Bulgaria. |
| F09 | The following destinations:






  — | Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia, |

F03

All destinations except Switzerland.

F04

Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay, Paraguay, Argentina, Mexico, Costa Rica.

F08

All destinations except Bulgaria.

F09

The following destinations:

—

Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia,

| — | African countries and territories except South Africa, |
| --- | --- |

—

African countries and territories except South Africa,

| — | destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11). |
| --- | --- |

—

destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11).

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/7 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/7

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COMMISSION REGULATION (EC) No 634/2005

of 26 April 2005

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

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

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

Done at Brussels, 26 April 2005.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

1

(2)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.

2

---

ANNEX

| Description of the goods | Classification
  (CN-code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| 1. | Audio-frequency amplifier, incorporating a digital sound decoder, a digital sound processor to produce a multi-channel sound effect (surround) and circuitry for video/sound synchronisation.
  The device is capable of receiving signals from different sources (e.g. DVD player, satellite tuner, cassette player, video recorder). These signals may be decoded and passed to digital/analogue converters before being amplified. |

Description of the goods

Classification

(CN-code)

Reasons

(1)

(2)

(3)

1.

Audio-frequency amplifier, incorporating a digital sound decoder, a digital sound processor to produce a multi-channel sound effect (surround) and circuitry for video/sound synchronisation.

The device is capable of receiving signals from different sources (e.g. DVD player, satellite tuner, cassette player, video recorder). These signals may be decoded and passed to digital/analogue converters before being amplified.

8518 40 99

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8518 , 8518 40 and 8518 40 99 .

The decoding and processing of sound signals is considered to be a part of the audio-frequency amplification function.

Since the video-related function only synchronises the sound and the video signals, it remains classified in heading 8518 .

| 2. | Apparatus consisting of:






  — | an AM/FM radio-broadcast receiver, |
| --- | --- | --- |

2.

Apparatus consisting of:

—

an AM/FM radio-broadcast receiver,

| — | a multi-channel amplifier, and |
| --- | --- |

—

a multi-channel amplifier, and

| — | a digital sound processor. |
| --- | --- |

—

a digital sound processor.

The product, which is designed to provide home entertainment, is presented with a remote control.

8527 39 80

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8527 , 8527 39 and 8527 39 80 .

Within the meaning of Note 3 to Section XVI, the component which provides the principal function of the composite machine is the radio-broadcast receiver.

The amplification and processing of sound are considered to be secondary functions compared with reception for radio-broadcasting.

Consequently, the composite machine is classified as radio-broadcast reception apparatus under CN code 8527 39 80 .

| 3. | Apparatus consisting of:






  — | an AM/FM radio-broadcast receiver, |
| --- | --- | --- |

3.

Apparatus consisting of:

—

an AM/FM radio-broadcast receiver,

| — | a multi-channel amplifier, |
| --- | --- |

—

a multi-channel amplifier,

| — | a digital sound processor, and |
| --- | --- |

—

a digital sound processor, and

| — | circuitry for video/sound synchronisation. |
| --- | --- |

—

circuitry for video/sound synchronisation.

The product which is designed to provide home entertainment by receiving signals from different sources (e.g. DVD player, satellite tuner, cassette player, video recorder) is presented with a remote control.

The sound signals may be decoded and passed to digital/analogue converters before being amplified.

8527 39 80

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8527 , 8527 39 and 8527 39 80 .

Within the meaning of Note 3 to Section XVI, the component which provides the principal function of the composite machine is the radio-broadcast receiver.

The amplification and processing of sound are considered to be secondary functions compared with reception for radio-broadcasting.

Since the video related function only synchronises the sound and the video signals, the product remains classified in heading 8527 .

Consequently, the composite machine is classified as radio-broadcast reception apparatus under CN code 8527 39 80 .

| 4. | A colour monitor of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 38,1 cm (15′′) and overall dimensions of 30,5 (W) × 22,9 (H) × 8,9 (D) cm with:






  — | maximum resolution of 1 024  × 768 pixels |
| --- | --- | --- |

4.

A colour monitor of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 38,1 cm (15′′) and overall dimensions of 30,5 (W) × 22,9 (H) × 8,9 (D) cm with:

—

maximum resolution of 1 024  × 768 pixels

| — | scan frequencies of 30-80 kHz (horizontal) and 56-75 Hz (vertical). |
| --- | --- |

—

scan frequencies of 30-80 kHz (horizontal) and 56-75 Hz (vertical).

The product has the following interfaces:

| — | VGA in |
| --- | --- |

—

VGA in

| — | DVI in |
| --- | --- |

—

DVI in

| — | BNC in and out |
| --- | --- |

—

BNC in and out

| — | S-video (Y/C) in and out |
| --- | --- |

—

S-video (Y/C) in and out

| — | Audio in and out |
| --- | --- |

—

Audio in and out

The product can display signals received from various sources, such as an automatic data-processing machine, a closed circuit television system, a DVD player or a camcorder.

8528 21 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 8528 , 8528 21 and 8528 21 90 .

Classification under subheading 8471 60 is excluded, as the monitor is not of a kind solely or principally used in an automatic data-processing system (see Note 5 to Chapter 84), in view of its capabilities to display signals from various sources.

Likewise, the product is not classifiable under heading 8531 , because its function is not to provide visual indication for signalling purposes (see the HS explanatory notes to heading 8531 , point D).

| 5. | A system consisting of:






  — | a central processing unit with a keyboard, mouse and a visual display (personal computer), |
| --- | --- | --- |

5.

A system consisting of:

—

a central processing unit with a keyboard, mouse and a visual display (personal computer),

| — | a central processing unit (server) and |
| --- | --- |

—

a central processing unit (server) and

| — | a precision scanner. |
| --- | --- |

—

a precision scanner.

The precision scanner consists of a device referred to as a ‘scanner sensor support’ on a frame.

The ‘scanner sensor support’ is equipped with various sensors for measuring paper quality in respect of moisture, temperature, weight, etc.

It moves back and forth on the frame gathering information, using bands within infrared light or laser beams or other forms of measurement. This information is sent, via the server, to the personal computer which processes the information to generate data for the purpose of paper quality control.

The information processed by the personal computer is used for adjusting the output from the paper manufacturing equipment, the latter not being part of the system.

9032 89 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7(b) to Chapter 90 and by the wording of CN codes 9032 , 9032 89 and 9032 89 90 .

Note 5(B) to Chapter 84 precludes classification of the system under heading 8471 since it performs a specific function other than data-processing as prescribed by Note 5(E) to Chapter 84.

The system is an automatic regulator for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled (Note 7(b) to Chapter 90).

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/10 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/10

---

COMMISSION REGULATION (EC) No 635/2005

of 26 April 2005

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to the said general rules, the goods described in column 1 of the table, set out in the Annex to this Regulation, should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3. |
| --- | --- |

(3)

Pursuant to the said general rules, the goods described in column 1 of the table, set out in the Annex to this Regulation, should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3.

| (4) | It is appropriate to provide that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which is not in accordance with this Regulation, can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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, 26 April 2005.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

1

(2)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| 1. | A product comprised of dried, pre-cooked wheat flour noodles (approximately 80 g) and spices (approximately 11 g).
  The product is put up for retail sale in a 250 ml expanded polystyrene bowl, which contains noodles and a small sachet of spices.
  According to the instructions printed on the packaging, the spices and boiling water (max 200 ml) have to be added to the bowl of noodles. After three minutes, the pasta is ready for consumption.
  (See photograph) (*1) |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

1.

A product comprised of dried, pre-cooked wheat flour noodles (approximately 80 g) and spices (approximately 11 g).

The product is put up for retail sale in a 250 ml expanded polystyrene bowl, which contains noodles and a small sachet of spices.

According to the instructions printed on the packaging, the spices and boiling water (max 200 ml) have to be added to the bowl of noodles. After three minutes, the pasta is ready for consumption.

(See photograph) (*1)

1902 30 10

Classification is determined by General Rules 1, 3 (b) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 1902 , 1902 30 and 1902 30 10 .

The product is presented as a set, the components of which are put up for retail sale. The essential character of the product is given by noodles considering their large proportion.

The product cannot be classified in heading 2104 as the addition of the quantity of water into the bowl is not sufficient to prepare a soup or a broth but gives it the characteristics of a noodle dish.

| 2. | Diuretic/renal tea put up in bags for retail sale.
  The label contains the following information:






  1) | Composition of each bag (1,8 g):
  Medicinally active ingredients:







  — | horsetail | 0,47  g |
| --- | --- | --- | --- | --- |
| — | birch leaves | 0,45  g |
| — | golden rod | 0,38  g |
| — | spiny restharrow root | 0,20  g |

2.

Diuretic/renal tea put up in bags for retail sale.

The label contains the following information:

1)

Composition of each bag (1,8 g):

Medicinally active ingredients:

—

horsetail

0,47  g

—

birch leaves

0,45  g

—

golden rod

0,38  g

—

spiny restharrow root

0,20  g

Other ingredients:

Rose hip husks, cornflower leaves, peppermint leaves, marigold blossom, liquorice root.

| 2) | Dosage and mode of application:
  Pour one cup (approximately 150 ml) of boiling water onto one tea bag, cover and leave to brew for approximately 15 minutes and then remove the tea bag. Unless otherwise prescribed, one cup of freshly brewed tea 3 to 4 times a day between meals. |
| --- | --- |

2)

Dosage and mode of application:

Pour one cup (approximately 150 ml) of boiling water onto one tea bag, cover and leave to brew for approximately 15 minutes and then remove the tea bag. Unless otherwise prescribed, one cup of freshly brewed tea 3 to 4 times a day between meals.

| 3) | Applications:
  To increase the volume of urine in the case of kidney or bladder catarrh and to prevent urinary gravel or stones. |
| --- | --- |

3)

Applications:

To increase the volume of urine in the case of kidney or bladder catarrh and to prevent urinary gravel or stones.

2106 90 92

Classification in accordance with General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Additional Note 1 to Chapter 30, the description for CN codes 2106 , 2106 90 and 2106 90 92 .

See also the HS Explanatory Notes to heading 2106 , paragraph 14 and the Combined Nomenclature Explanatory Notes to Chapter 30.

Neither the user directions nor packaging contain any details of the type and concentration of the active substance(s). They mention only the amount and type of plants or parts of plants used. The conditions of Additional Note 1(b) to Chapter 30 are not therefore met.

Image 1

---

(*1)  The photograph is purely for information.

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/13 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/13

---

COMMISSION REGULATION (EC) No 636/2005

of 26 April 2005

on the issue of import licences for rice against applications submitted during the first 10 working days of April 2005 pursuant to Regulation (EC) No 327/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of concessions set out in Schedule CXL drawn up in the wake of the conclusion of GATT XXIV.6 negotiations (1),

Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII (2),

Having regard to Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3), as last amended by Regulation (EC) No 2458/2001, and in particular Article 5(2) thereof,

Whereas:

Examination of the quantities for which applications have been submitted under the April 2005 tranche shows that licences should be issued for the quantities applied for, reduced, where appropriate, by the percentages not covered and fixing the quantities carried over to the subsequent tranche,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Import licences for rice against applications submitted during the first 10 working days of April 2005 pursuant to Regulation (EC) No 327/98 and notified to the Commission shall be issued for the quantities applied for, reduced by the percentages set out in the Annex to this Regulation.

2.   The available quantities carried over to the subsequent tranche are set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 27 April 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 146, 20.6.1996, p. 1.

1

(2)  
  OJ L 122, 22.5.1996, p. 15.

2

(3)  
  OJ L 37, 11.2.1998, p. 5. Regulation as last amended by Regulation (EC) No 2296/2003 (OJ L 340, 24.12.2003, p. 35).

3

---

ANNEX

Reduction percentages to be applied to quantities applied for under the tranche for April 2005 and quantities carried over to the following tranche:

(a)   semi-milled and wholly milled rice falling within CN code 1006 30

| Origin | Reduction percentage for the April 2005 tranche | Quantity carried over to the tranche for July 2005 (tonnes) |
| --- | --- | --- |
| United States of America | 0  (1) | 9 630,927 |
| Thailand | 0  (1) | 3 543,197 |
| Australia | 0  (1) | 631,040 |
| Other origins | 98,1762 | — |

Origin

Reduction percentage for the April 2005 tranche

Quantity carried over to the tranche for July 2005 (tonnes)

United States of America

0  (1)

9 630,927

Thailand

0  (1)

3 543,197

Australia

0  (1)

631,040

Other origins

98,1762

—

(b)   husked rice falling within CN code 1006 20

| Origin | Reduction percentage for the April 2005 tranche | Quantity carried over to the tranche for July 2005 (tonnes) |
| --- | --- | --- |
| United States of America | 0  (1) | 5 732 |
| Thailand | 0  (1) | 1 812 |
| Australia | 0  (1) | 7 822 |
| Other origins | 0  (1) | 117 |

Origin

Reduction percentage for the April 2005 tranche

Quantity carried over to the tranche for July 2005 (tonnes)

United States of America

0  (1)

5 732

Thailand

0  (1)

1 812

Australia

0  (1)

7 822

Other origins

0  (1)

117

---

(1)  Issue for the quantity applied for.

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/15 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/15

---

COMMISSION REGULATION (EC) No 637/2005

of 26 April 2005

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),

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 (2), 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 2005/2006 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 2005 to 30 June 2006 shall be multiplied by the following allocation coefficients:

| — | 0,787132 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999, |
| --- | --- |

—

0,787132 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999,

| — | 0,062633 for applications submitted for the part of the quota referred to in Article 20a(4)(b) of Regulation (EC) No 174/1999. |
| --- | --- |

—

0,062633 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 27 April 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 558/2005 (OJ L 94, 13.4.2005, p. 22).

2

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/16 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/16

---

COMMISSION REGULATION (EC) No 638/2005

of 26 April 2005

fixing the production refund for olive oil used in the manufacture of certain preserved foods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 20a thereof,

Whereas:

| (1) | Article 20a of Regulation No 136/66/EEC provides for the granting of a production refund for olive oil used in the preserving industry. Pursuant to paragraph 6 of that Article, and without prejudice to paragraph 3 thereof, the Commission shall fix this refund every two months. |
| --- | --- |

(1)

Article 20a of Regulation No 136/66/EEC provides for the granting of a production refund for olive oil used in the preserving industry. Pursuant to paragraph 6 of that Article, and without prejudice to paragraph 3 thereof, the Commission shall fix this refund every two months.

| (2) | By virtue of Article 20a(2) of the abovementioned Regulation, the production refund must be fixed on the basis of the gap between prices on the world market and on the Community market, taking account of the import charge applicable to olive oil falling within CN subheading 1509 90 00 and the factors used for fixing the export refunds for those olive oils during the reference period. It is appropriate to take as a reference period the two-month period preceding the beginning of the term of validity of the production refund. |
| --- | --- |

(2)

By virtue of Article 20a(2) of the abovementioned Regulation, the production refund must be fixed on the basis of the gap between prices on the world market and on the Community market, taking account of the import charge applicable to olive oil falling within CN subheading 1509 90 00 and the factors used for fixing the export refunds for those olive oils during the reference period. It is appropriate to take as a reference period the two-month period preceding the beginning of the term of validity of the production refund.

| (3) | The application of the above criteria results in the refund being fixed as shown below, |
| --- | --- |

(3)

The application of the above criteria results in the refund being fixed as shown below,

HAS ADOPTED THIS REGULATION:

Article 1

For the months of May and June 2005, the amount of the production refund referred to in Article 20a(2) of Regulation No 136/66/EEC shall be 44,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 1 May 2005.

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

Done at Brussels, 26 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

1

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/17 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/17

---

COMMISSION DIRECTIVE 2005/30/EC

of 22 April 2005

amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (1), and in particular Article 7 thereof,

Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two and three-wheel motor vehicles and repealing Council Directive 92/61/EEC (2), and in particular Article 17 thereof,

Whereas:

| (1) | Directive 97/24/EC is one of the separate Directives for the purposes of the EC type approval procedure laid down by Directive 2002/24/EC. |
| --- | --- |

(1)

Directive 97/24/EC is one of the separate Directives for the purposes of the EC type approval procedure laid down by Directive 2002/24/EC.

| (2) | Technical measures for the type-approval, as separate technical units, of replacement catalytic converters should be introduced in order to ensure an appropriate emissions performance. Measures should be introduced in order to aid enforcement in Member States through the marking of replacement catalytic converters and their packaging. |
| --- | --- |

(2)

Technical measures for the type-approval, as separate technical units, of replacement catalytic converters should be introduced in order to ensure an appropriate emissions performance. Measures should be introduced in order to aid enforcement in Member States through the marking of replacement catalytic converters and their packaging.

| (3) | The Member State type-approval code for Malta and Cyprus, in Annex V to Directive 2002/24/EC, should be updated. |
| --- | --- |

(3)

The Member State type-approval code for Malta and Cyprus, in Annex V to Directive 2002/24/EC, should be updated.

| (4) | Directives 97/24/EC and 2002/24/EC should be amended accordingly. |
| --- | --- |

(4)

Directives 97/24/EC and 2002/24/EC should be amended accordingly.

| (5) | The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress, |
| --- | --- |

(5)

The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The text annexed to Directive 97/24/EC is amended in accordance with Annex I to this Directive.

Article 2

Annexes II and V to Directive 2002/24/EC are amended in accordance with Annex II to this Directive.

Article 3

1.   With effect from 18 May 2006 Member States shall not, in respect of new replacement catalytic converters which are intended to be fitted on vehicles that have been type-approved in accordance with Directive 97/24/EC:

| (a) | refuse to grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC; |
| --- | --- |

(a)

refuse to grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC;

| (b) | prohibit the sale or installation on a vehicle. |
| --- | --- |

(b)

prohibit the sale or installation on a vehicle.

2.   With effect from 18 May 2006, Member States shall, on grounds relating to the measures to be taken against air pollution, permissible sound level or anti-tampering measures, no longer grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC in respect of a new replacement catalytic converter which fails to comply with Directive 97/24/EC, as amended by this Directive.

Article 4

1.   Member States shall adopt and publish, by 17 May 2006 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 18 May 2006.

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 5

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

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 22 April 2005.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 226, 18.8.1997, p. 1. Directive as last amended by Directive 2003/77/EC (OJ L 211, 21.8.2003, p. 24).

1

(2)  
  OJ L 124, 9.5.2002, p. 1. Directive as last amended by the 2003 Act of Accession.

2

---

ANNEX I

AMENDMENTS TO DIRECTIVE 97/24/EC

1.   Chapter 5 annexed to Directive 97/24/EC is amended as follows:

| (a) | in the ‘LIST OF ANNEXES’ the following new references are added:







  ‘ANNEX VII | type-approval of replacement catalytic converter as separate technical unit for two or three-wheel motor vehicles ... |
| --- | --- | --- |

(a)

in the ‘LIST OF ANNEXES’ the following new references are added:

‘ANNEX VII

| Appendix 1 | Information document in respect of a replacement catalytic converter, as separate technical unit(s), for a type of two or three-wheel motor vehicle ... |
| --- | --- |

Appendix 1

| Appendix 2 | Type-approval certificate in respect of a replacement catalytic converter, as separate technical unit, for a type of two or three-wheel motor vehicle ... |
| --- | --- |

Appendix 2

| Appendix 3 | Examples of type-approval mark ...’; |
| --- | --- |

Appendix 3

| (b) | Annex I is amended as follows:






  (i) | The following sections 1.4, 1.5 and 1.6 are added:






  ‘1.4. | “original equipment catalytic converter” means a catalytic converter or an assembly of catalytic converters covered by the type-approval delivered for the vehicle; |
| --- | --- | --- | --- |

(b)

Annex I is amended as follows:

(i)

The following sections 1.4, 1.5 and 1.6 are added:

‘1.4.

| 1.5. | “replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter, which can be type approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC; |
| --- | --- |

1.5.

| 1.6. | “original replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type-approval.’; |
| --- | --- |

1.6.

| (ii) | the following section 2.3 is added:
  ‘2.3.   Diagram and markings








  2.3.1. | A diagram and a cross-sectional drawing indicating the dimensions of the original equipment catalytic converter(s) (if any) must be annexed to the document referred to in Annex V. |
| --- | --- | --- |

(ii)

the following section 2.3 is added:

‘2.3.   Diagram and markings

2.3.1.

| 2.3.2. | All original equipment catalytic converter(s) must bear the “e” mark followed by the identification of the country which granted the type-approval. This reference must be legible and indelible and also visible (where possible) in the position at which it is to be fitted.’; |
| --- | --- |

2.3.2.

| (iii) | the following section 5 is added:
  ‘5.   REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS
  5.1.   Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.
  5.2.   Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.
  5.2.1.   Marking
  Original replacement catalytic converters shall bear at least the following identifications:








  5.2.1.1. | the vehicle manufacturer's name or trade mark; |
| --- | --- | --- |

(iii)

the following section 5 is added:

‘5.   REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS

5.1.   Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.

5.2.   Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.

5.2.1.   Marking

Original replacement catalytic converters shall bear at least the following identifications:

5.2.1.1.

| 5.2.1.2. | the make and identifying part number. |
| --- | --- |

5.2.1.2.

5.2.2.   Documentation

Original replacement catalytic converters shall be accompanied by the following information:

| 5.2.2.1. | the vehicle manufacturer's name or trade mark; |
| --- | --- |

5.2.2.1.

| 5.2.2.2. | make and identifying part number; |
| --- | --- |

5.2.2.2.

| 5.2.2.3. | the vehicles for which the original replacement catalytic converter is of a type covered by section 5 of Annex VI; |
| --- | --- |

5.2.2.3.

| 5.2.2.4. | installation instructions, where necessary; |
| --- | --- |

5.2.2.4.

| 5.2.2.5. | this information shall be provided either on a leaflet accompanying the original replacement catalytic converter, or, on the packaging in which the original replacement catalytic converter is sold, or, by any other applicable means.’ |
| --- | --- |

5.2.2.5.

| (c) | Annex II is amended as follows:






  (i) | the following sections 1.7, 1.8 and 1.9 are added:






  ‘1.7. | “original equipment catalytic converter” means a catalytic converter or an assembly of catalytic converters covered by the type-approval delivered for the vehicle; |
| --- | --- | --- | --- |

(c)

Annex II is amended as follows:

(i)

the following sections 1.7, 1.8 and 1.9 are added:

‘1.7.

| 1.8. | “replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter, which can be type-approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC; |
| --- | --- |

1.8.

| 1.9. | “original replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type approval.’; |
| --- | --- |

1.9.

| (ii) | the following section 2.4 is added:
  ‘2.4.   Diagram and markings








  2.4.1. | A diagram and a cross-sectional drawing indicating the dimensions of the original equipment catalytic converter(s) (if any) must be annexed to the document referred to in Annex V. |
| --- | --- | --- |

(ii)

the following section 2.4 is added:

‘2.4.   Diagram and markings

2.4.1.

| 2.4.2. | All original equipment catalytic converter(s) must bear the “e” mark followed by the identification of the country which granted the type-approval. This reference must be legible and indelible and also visible (where possible) in the position at which it is to be fitted.’; |
| --- | --- |

2.4.2.

| (iii) | the following section 5 is added:
  ‘5.   REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS
  5.1.   Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.
  5.2.   Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.
  5.2.1.   Marking
  Original replacement catalytic converters shall bear at least the following identifications:








  5.2.1.1. | the vehicle manufacturer's name or trade mark; |
| --- | --- | --- |

(iii)

the following section 5 is added:

‘5.   REPLACEMENT CATALYTIC CONVERTERS AND ORIGINAL REPLACEMENT CATALYTIC CONVERTERS

5.1.   Replacement catalytic converters intended to be fitted to vehicles type-approved in compliance with this Chapter must be tested in accordance with Annex VII.

5.2.   Original replacement catalytic converters, which are of a type covered by section 5 of Annex VI and are intended for fitment to a vehicle to which the relevant type approval document refers, do not need to comply with Annex VII provided they fulfil the requirements of sections 5.2.1 and 5.2.2 of this Annex.

5.2.1.   Marking

Original replacement catalytic converters shall bear at least the following identifications:

5.2.1.1.

| 5.2.1.2. | the make and identifying part number. |
| --- | --- |

5.2.1.2.

5.2.2.   Documentation

Original replacement catalytic converters shall be accompanied by the following information:

| 5.2.2.1. | the vehicle manufacturer's name or trade mark; |
| --- | --- |

5.2.2.1.

| 5.2.2.2. | make and identifying part number; |
| --- | --- |

5.2.2.2.

| 5.2.2.3. | the vehicles for which the original replacement catalytic converter is of a type covered by section 5 of Annex VI; |
| --- | --- |

5.2.2.3.

| 5.2.2.4. | installation instructions, where necessary; |
| --- | --- |

5.2.2.4.

| 5.2.2.5. | this information shall be provided either on a leaflet accompanying the original replacement catalytic converter, or, on the packaging in which the original replacement catalytic converter is sold, or, by any other applicable means.’; |
| --- | --- |

5.2.2.5.

| (d) | In Annex VI the following section 4a is inserted:
  ‘4a.   Catalytic converters








  4a.1. | Make and type of original equipment catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document). |
| --- | --- | --- |

(d)

In Annex VI the following section 4a is inserted:

‘4a.   Catalytic converters

4a.1.

| 4a.2. | Make(s) and type(s) of original replacement catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document)’; |
| --- | --- |

4a.2.

| (e) | the following Annex VII is added:


  ‘ANNEX VII
  TYPE-APPROVAL OF REPLACEMENT CATALYTIC CONVERTER AS SEPARATE TECHNICAL UNIT FOR TWO OR THREE-WHEEL MOTOR VEHICLES
  This Annex applies to the type-approval, as separate technical units within the meaning of Article 2(5) of Directive 2002/24/EC, of catalytic converters to be fitted, on one or more types of two or three-wheel motor vehicles, as replacement parts.
  1.   DEFINITIONS
  For the purposes of this Annex, the following definitions shall apply:
  1.1.   
  “original equipment catalytic converter” means a catalytic converter or an assembly of catalytic converters covered by the type approval delivered for the vehicle;
  1.2.   
  “replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter which can be type-approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC;
  1.3.   
  “original replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type-approval;
  1.4.   
  “type of catalytic converter” means catalytic converters which do not differ in such essential respects as the following:








  1.4.1. | number of coated substrates, structure and material; |
| --- | --- | --- |

(e)

the following Annex VII is added:

‘ANNEX VII

TYPE-APPROVAL OF REPLACEMENT CATALYTIC CONVERTER AS SEPARATE TECHNICAL UNIT FOR TWO OR THREE-WHEEL MOTOR VEHICLES

This Annex applies to the type-approval, as separate technical units within the meaning of Article 2(5) of Directive 2002/24/EC, of catalytic converters to be fitted, on one or more types of two or three-wheel motor vehicles, as replacement parts.

1.   DEFINITIONS

For the purposes of this Annex, the following definitions shall apply:

1.1.   
  “original equipment catalytic converter” means a catalytic converter or an assembly of catalytic converters covered by the type approval delivered for the vehicle;

1.2.   
  “replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters intended to replace an original equipment catalytic converter on a vehicle type-approved in accordance with this Chapter which can be type-approved as a separate technical unit as defined in Article 2(5) of Directive 2002/24/EC;

1.3.   
  “original replacement catalytic converter” means a catalytic converter or an assembly of catalytic converters whose types are indicated in section 5 of Annex VI but are offered on the market as separate technical units by the holder of the vehicle type-approval;

1.4.   
  “type of catalytic converter” means catalytic converters which do not differ in such essential respects as the following:

1.4.1.

| 1.4.2. | type of catalytic activity (oxidising, three-way, etc.); |
| --- | --- |

1.4.2.

| 1.4.3. | volume, ratio of frontal area and substrate length; |
| --- | --- |

1.4.3.

| 1.4.4. | catalyst material content; |
| --- | --- |

1.4.4.

| 1.4.5. | catalyst material ratio; |
| --- | --- |

1.4.5.

| 1.4.6. | cell density; |
| --- | --- |

1.4.6.

| 1.4.7. | dimensions and shape; |
| --- | --- |

1.4.7.

| 1.4.8. | thermal protection; |
| --- | --- |

1.4.8.

1.5.   
  “vehicle type with regard to the emission of gaseous pollutants from the engine” means two or three-wheel motor vehicles which do not differ in such essential respects as the following:

| 1.5.1. | the equivalent inertia determined in relation to the reference mass, as laid down in section 5.2 of Appendix 1 of Annex I or Annex II (depending upon the type of vehicle); |
| --- | --- |

1.5.1.

| 1.5.2. | the characteristics of the engine and the two or three-wheel motor vehicle as defined in Annex V; |
| --- | --- |

1.5.2.

1.6.   
  “gaseous pollutants” means carbon monoxide, hydrocarbons and oxides of nitrogen expressed in terms of nitrogen dioxide (NO2) equivalence.

2.   APPLICATION FOR TYPE-APPROVAL

2.1.   An application for type-approval of a type of replacement catalytic converter as a separate technical unit shall be submitted by the manufacturer of the system or by his authorised representative.

2.2.   A model for the information document is given in Appendix 1.

2.3.   For each type of catalytic converter for which approval is requested, the type-approval application must be accompanied by the following documents in triplicate, and by the following particulars:

| 2.3.1. | description of the type(s) of vehicle for which the device is intended, in respect of the characteristics referred to in section 1.1 of Annex I or Annex II (depending upon the type of vehicle); |
| --- | --- |

2.3.1.

| 2.3.2. | the numbers and/or symbols specific to the type of engine and vehicle; |
| --- | --- |

2.3.2.

| 2.3.3. | description of the replacement catalytic converter stating the relative position of each of its components, together with the fitting instructions; |
| --- | --- |

2.3.3.

| 2.3.4. | drawings of each component to facilitate location and identification, and statement of materials used. These drawings must also indicate the intended location of the mandatory type-approval number. |
| --- | --- |

2.3.4.

2.4.   The following must be submitted to the technical service responsible for the type approval test:

| 2.4.1. | Vehicle(s) of a type approved in accordance with this Chapter equipped with a new original equipment catalytic converter. This (these) vehicle(s) shall be selected by the applicant with the agreement of the technical service. It (they) shall comply with the requirements of Section 3 of Appendix 1 to Annex I, II or III (depending upon the type of vehicle).
  The test vehicle(s) shall have no emission control system defects; any excessively worn out or malfunctioning emission-related original part shall be repaired or replaced. The test vehicle(s) shall be tuned properly and set to the manufacturer's specification prior to emission testing. |
| --- | --- |

2.4.1.

The test vehicle(s) shall have no emission control system defects; any excessively worn out or malfunctioning emission-related original part shall be repaired or replaced. The test vehicle(s) shall be tuned properly and set to the manufacturer's specification prior to emission testing.

| 2.4.2. | One sample of the type of the replacement catalytic converter. This sample shall be clearly and indelibly marked with the applicant's trade name or mark and its commercial designation. |
| --- | --- |

2.4.2.

3.   GRANTING OF TYPE-APPROVAL

| 3.1. | Upon completion of the tests laid down in this Annex, the competent authority shall issue a certificate based on the model set out in Appendix 2. |
| --- | --- |

3.1.

| 3.2. | An approval number in accordance with Annex V to Directive 2002/24/EC shall be assigned to each type of replacement catalytic converter approved. The same Member State shall not assign the same number to another replacement catalytic converter type. The same type-approval number may cover the use of that replacement catalytic converter type on a number of different vehicle types. |
| --- | --- |

3.2.

4.   MARKING REQUIREMENT

4.1.   Every replacement catalytic converter conforming to the type approved under this Directive as a separate technical unit, but not the mounting parts and pipes, shall bear a type-approval mark composed in accordance with the requirements of Article 8 of Directive 2002/24/EC, supplemented by further information as referred to in section 4.2 of this Annex. The type-approval mark must be affixed in such a way as to be legible and indelible and also visible (where possible) in the position at which it is to be fitted.

The dimensions of “a” must be ≥ 3 mm.

4.2.   Further information contained in the type-approval mark

4.2.1.   Every replacement catalytic converter, but not the mounting parts and pipes, must bear, in the type-approval mark, the number of the Chapter(s) under which the type approval has been granted.

4.2.1.1.   Replacement catalytic converter which consists of a sole part integrating both the catalytic converter and the exhaust system (silencer)

The type-approval mark referred to in section 4.1 must be followed by two circles surrounding a number 5 and a number 9, respectively.

4.2.1.2.   Replacement catalytic converter separated from the exhaust system (silencer)

The mark of the type-approval referred to in section 4.1 affixed to the replacement catalytic converter must be followed by a circle surrounding a number 5.

Examples of type-approval marks are given in Appendix 3.

5.   REQUIREMENTS

5.1.   General requirements

The design, construction and mounting of the replacement catalytic converter must be such that:

| 5.1.1. | the vehicle complies with the requirements of the Annex under normal conditions of use, and in particular regardless of any vibrations to which it may be subjected; |
| --- | --- |

5.1.1.

| 5.1.2. | the replacement catalytic converter displays reasonable resistance to the corrosion phenomena to which it is exposed, with due regard to the normal conditions of use of the vehicle; |
| --- | --- |

5.1.2.

| 5.1.3. | the ground clearance available under the original equipment catalytic converter, and the angle at which the vehicle can lean over, are not reduced; |
| --- | --- |

5.1.3.

| 5.1.4. | the surface does not reach unduly high temperatures; |
| --- | --- |

5.1.4.

| 5.1.5. | the outline has no projections or sharp edges; |
| --- | --- |

5.1.5.

| 5.1.6. | shock absorbers and suspension have adequate clearance; |
| --- | --- |

5.1.6.

| 5.1.7. | adequate safety clearance is provided for pipes; |
| --- | --- |

5.1.7.

| 5.1.8. | it is impact-resistant in a way that is compatible with clearly-defined maintenance and installation requirements; |
| --- | --- |

5.1.8.

| 5.1.9. | if the original equipment catalytic converter includes thermal protection, the replacement catalytic converter shall include equivalent protection; |
| --- | --- |

5.1.9.

| 5.1.10. | if (an) oxygen probe(s) and other sensors are originally installed on the exhaust line, the installation of the replacement catalytic converter shall be at the exact position of the original equipment catalytic converter, and the position on the exhaust line of the oxygen probe(s) and other sensors, shall not be modified. |
| --- | --- |

5.1.10.

5.2.   Requirements regarding emissions

5.2.1.   The vehicle referred to in section 2.4.1, equipped with a replacement catalytic converter of the type for which type-approval is requested, shall undergo the tests laid down in Appendices 1 and 2 to Annexes I, II or III (according to the type-approval of the vehicle) (*1).

5.2.1.1.   Evaluation of the emission of pollutants of vehicles equipped with replacement catalytic converter

Requirements regarding emissions are deemed to be complied with if the test vehicle equipped with the replacement catalytic converter complies with the limit values according to Annex I, II or III (according to the type-approval of the vehicle) (*2).

Where type-approval is applied for different types of vehicles from the same manufacturer, and provided that these different types of vehicle are fitted with the same type of original equipment catalytic converter, the type I test may be limited to at least two vehicles selected after agreement with the technical service responsible for approval.

5.2.2.   Requirements regarding permissible sound level

The vehicle referred to in section 2.4.1, equipped with a replacement catalytic converter of the type for which type-approval is requested, shall satisfy the requirements of section 3 to Annex II, III or IV to Chapter 9 (according to the type approval of the vehicle). The test result for the vehicle in motion and for the stationary test shall be mentioned in the test report.

5.3.   Testing of vehicle performance

| 5.3.1. | The replacement catalytic converter must be such as to ensure that the vehicle’s performance is comparable to that achieved with the original equipment catalytic converter. |
| --- | --- |

5.3.1.

| 5.3.2. | The replacement catalytic converter must be compared with an original equipment catalytic converter, also in new condition, fitted in turn to the vehicle referred to in section 2.4.1. |
| --- | --- |

5.3.2.

| 5.3.3. | This test is carried out by measuring the engine power curve. The net maximum power and the top speed measured with the replacement catalytic converter must not deviate from the net maximum power and top speed measured under the same conditions with the original equipment catalytic converter by more than ± 5 %. |
| --- | --- |

5.3.3.

6.   CONFORMITY OF PRODUCTION

The provisions of Annex VI to Directive 2002/24/EC apply to the checking of conformity of production.

In order to test conformity as required above, a sample replacement catalytic converter must be taken from the production line of the type-approved, pursuant to this Annex.

Production will be regarded as being in conformity with the provisions of this Annex if the requirements of section 5.2 (Requirements regarding emissions) and section 5.3 (Testing of vehicle performance) are satisfied.

7.   DOCUMENTATION

7.1.   Each new replacement catalytic converter shall be accompanied by the following information:

| 7.1.1. | the catalyst manufacturer's name or trade mark; |
| --- | --- |

7.1.1.

| 7.1.2. | the vehicles (including year of manufacture) for which the replacement catalytic converter is approved; |
| --- | --- |

7.1.2.

| 7.1.3. | installation instructions, where necessary. |
| --- | --- |

7.1.3.

7.2.   This information shall be provided either on a leaflet accompanying the replacement catalytic converter, or on the packaging in which the replacement catalytic converter is sold, or by any other applicable means.

‘Appendix 1

Information document in respect of a replacement catalytic converter, as separate technical unit, for a type of two or three-wheel vehicle

Order No (assigned by applicant) ...

The type-approval application for replacement catalytic converter for a type of two or three-wheel vehicle must include the following details:

| 1. | Make of the device: ... |
| --- | --- |

1.

Make of the device: ...

| 2. | Type of the device: ... |
| --- | --- |

2.

Type of the device: ...

| 3. | Name and address of the manufacturer of the device: ...
  ... |
| --- | --- |

3.

Name and address of the manufacturer of the device: ...

...

| 4. | If applicable, name and address of the authorised representative of the manufacturer of the device: ...
  ... |
| --- | --- |

4.

If applicable, name and address of the authorised representative of the manufacturer of the device: ...

...

| 5. | Make(s) and type(s) of vehicle for which the device is designed (*3 *4): |
| --- | --- |

5.

Make(s) and type(s) of vehicle for which the device is designed (*3 *4):

| 6. | Drawings of the replacement catalytic converter, identifying in particular all the characteristics referred to in section 1.4 of Annex VII to Chapter 5 annexed to Directive 97/24/EC: ...
  ... |
| --- | --- |

6.

Drawings of the replacement catalytic converter, identifying in particular all the characteristics referred to in section 1.4 of Annex VII to Chapter 5 annexed to Directive 97/24/EC: ...

...

| 7. | Description and drawings showing the position of the replacement catalytic converter relative to the engine exhaust manifold(s) and the oxygen sensor (if any): ... |
| --- | --- |

7.

Description and drawings showing the position of the replacement catalytic converter relative to the engine exhaust manifold(s) and the oxygen sensor (if any): ...

| 8. | Any restrictions on use and fitting instructions: ... |
| --- | --- |

8.

Any restrictions on use and fitting instructions: ...

| 9. | The details listed in Annex II to Directive 2002/24/CE, part 1 (A), sections:





  0.1, |
| --- | --- |

9.

The details listed in Annex II to Directive 2002/24/CE, part 1 (A), sections:

0.1,

| 0.2, |
| --- |

0.2,

| 0.5, |
| --- |

0.5,

| 0.6, |
| --- |

0.6,

| 2.1, |
| --- |

2.1,

| 3, |
| --- |

3,

| 3.0, |
| --- |

3.0,

| 3.1, |
| --- |

3.1,

| 3.1.1, |
| --- |

3.1.1,

| 3.2.1.7, |
| --- |

3.2.1.7,

| 3.2.12, |
| --- |

3.2.12,

| 4 to 4.4.2, |
| --- |

4 to 4.4.2,

| 4.5, |
| --- |

4.5,

| 4.6, |
| --- |

4.6,

| 5.2. |
| --- |

5.2.

‘Appendix 2

Type-approval certificate in respect of a replacement catalytic converter for a type of two or three-wheel vehicle

Report No: ... by technical service: ... Date: ...

Type-approval No: ... No of extension: ...

| 1. | Make of the device: ... |
| --- | --- |

1.

Make of the device: ...

| 2. | Type of the device: ... |
| --- | --- |

2.

Type of the device: ...

| 3. | Name and address of the manufacturer of the device: ...
  ... |
| --- | --- |

3.

Name and address of the manufacturer of the device: ...

...

| 4. | If applicable, name and address of the authorised representative of the manufacturer of the device: ...
  ... |
| --- | --- |

4.

If applicable, name and address of the authorised representative of the manufacturer of the device: ...

...

| 5. | Make(s) and type(s) and any variant(s) or version(s) of the vehicle(s) for which the device is designed: ...
  ... |
| --- | --- |

5.

Make(s) and type(s) and any variant(s) or version(s) of the vehicle(s) for which the device is designed: ...

...

| 6. | Date device submitted for testing: ... |
| --- | --- |

6.

Date device submitted for testing: ...

| 7. | Type-approval granted/refused (*3 *4): |
| --- | --- |

7.

Type-approval granted/refused (*3 *4):

*3 *4

| 8. | Place: ... |
| --- | --- |

8.

Place: ...

| 9. | Date: ... |
| --- | --- |

9.

Date: ...

| 10. | Signature: ... |
| --- | --- |

10.

Signature: ...

‘Appendix 3

Examples of type-approval mark

Image 2

The above represented type-approval mark was issued by Germany [e1] under number 1230 for a replacement catalytic converter consisting of a sole part integrating both the catalytic converter and the exhaust system (silencer).

Image 3

The above represented type-approval mark was issued by Germany [e1] under number 1230 for the replacement catalytic converter not integrated in the exhaust system (catalytic converter and silencer not integrated in a sole element).

Image 4

The above represented type-approval mark was issued by Germany [e1] under number 1230 for the non-original silencer not integrating a catalytic converter (catalytic converter and silencer not integrated in a sole element or vehicle not equipped with a catalytic converter) (see Chapter 9).

2.   Chapter 7 annexed to Directive 97/24/EC is amended as follows:

| (a) | Section 1.10 is replaced by the following:






  ‘1.10. | “Exhaust system” means the combination of the exhaust pipe, the expansion box, the exhaust silencer and the catalytic converter (if any).’ |
| --- | --- | --- |

(a)

Section 1.10 is replaced by the following:

‘1.10.

“Exhaust system” means the combination of the exhaust pipe, the expansion box, the exhaust silencer and the catalytic converter (if any).’

| (b) | The following section 3.10.1.3.7a is inserted:






  ‘3.10.1.3.7a. | catalytic converter(s) (only if not integrated in the silencer)’ |
| --- | --- | --- |

(b)

The following section 3.10.1.3.7a is inserted:

‘3.10.1.3.7a.

catalytic converter(s) (only if not integrated in the silencer)’

3.   Chapter 9 annexed to Directive 97/24/EC is amended as follows:

| (a) | In the ‘LIST OF ANNEXES’, the following Appendix reference is inserted between ‘Annex VI’ and ‘Annex VII’:







  ‘Appendix | Examples of type-approval mark ... ’ |
| --- | --- | --- |

(a)

In the ‘LIST OF ANNEXES’, the following Appendix reference is inserted between ‘Annex VI’ and ‘Annex VII’:

‘Appendix

| (b) | In Annex II, the following section 3.5.5 is added:
  ‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system
  The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.
  The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’ |
| --- | --- |

(b)

In Annex II, the following section 3.5.5 is added:

‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’

| (c) | In Annex III, the following section 3.5.5 is added:
  ‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system
  The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.
  The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’ |
| --- | --- |

(c)

In Annex III, the following section 3.5.5 is added:

‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’

| (d) | In Annex IV, the following section 3.5.5 is added:
  ‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system
  The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.
  The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’ |
| --- | --- |

(d)

In Annex IV, the following section 3.5.5 is added:

‘3.5.5.   Evaluation of the emission of pollutants of vehicles equipped with replacement silencer system

The vehicle referred to in section 3.2.3.3, equipped with a silencer of the type for which approval is requested, shall undergo a Type I and a Type II test under the conditions described in the corresponding Annex to Chapter 5 annexed to this Directive according to the type-approval of the vehicle.

The requirements regarding emissions shall be deemed to be fulfilled if the results meet the limit values according to the type-approval of the vehicle.’

| (e) | Annex VI is amended as follows:






  (i) | Section 1.3 is replaced by the following:






  ‘1.3. | the type-approval mark composed and affixed in accordance with the requirements of Article 8 of Directive 2002/24/EC, supplemented by further information referred to in section 6 of this Annex. The dimensions of “a” must be ≥ 3 mm.’ |
| --- | --- | --- | --- |

(e)

Annex VI is amended as follows:

(i)

Section 1.3 is replaced by the following:

‘1.3.

the type-approval mark composed and affixed in accordance with the requirements of Article 8 of Directive 2002/24/EC, supplemented by further information referred to in section 6 of this Annex. The dimensions of “a” must be ≥ 3 mm.’

| (ii) | The following section 6 is added:
  ‘6.   FURTHER INFORMATION CONTAINED IN THE TYPE-APPROVAL MARK
  6.1.   The non-original exhaust system or components thereof, but not the mounting parts and pipes, must bear in the type-approval mark the number of the Chapter(s) under which the type-approval has been granted, except as referred to in section 6.1.3.
  6.1.1.   Non-original exhaust system which consists of a sole part integrating both the silencer and the catalytic converter
  The type-approval mark referred to in section 1.3 must be followed by two circles surrounding a number 5 and a number 9, respectively.
  6.1.2.   Non-original exhaust system separated from the catalytic converter
  The type-approval mark referred to in section 1.3 affixed to the silencer must be followed by a circle surrounding a number 9.
  6.1.3.   Non-original exhaust system consisting of a sole part (silencer) for vehicles which are not type-approved according to the Chapter 5
  The type-approval mark referred to in 1.3 affixed to the silencer must not be followed by any further information.
  Examples of type-approval marks are shown in the Appendix.’ |
| --- | --- |

(ii)

The following section 6 is added:

‘6.   FURTHER INFORMATION CONTAINED IN THE TYPE-APPROVAL MARK

6.1.   The non-original exhaust system or components thereof, but not the mounting parts and pipes, must bear in the type-approval mark the number of the Chapter(s) under which the type-approval has been granted, except as referred to in section 6.1.3.

6.1.1.   Non-original exhaust system which consists of a sole part integrating both the silencer and the catalytic converter

The type-approval mark referred to in section 1.3 must be followed by two circles surrounding a number 5 and a number 9, respectively.

6.1.2.   Non-original exhaust system separated from the catalytic converter

The type-approval mark referred to in section 1.3 affixed to the silencer must be followed by a circle surrounding a number 9.

6.1.3.   Non-original exhaust system consisting of a sole part (silencer) for vehicles which are not type-approved according to the Chapter 5

The type-approval mark referred to in 1.3 affixed to the silencer must not be followed by any further information.

Examples of type-approval marks are shown in the Appendix.’

| (iii) | The following Appendix is added:



  ‘Appendix
  Examples of type-approval mark





  The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original exhaust system consisting of a sole part integrating both the silencer and the catalytic converter.





  The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original silencer not integrating a catalytic converter (catalytic converter and silencer not integrated in a sole element or vehicle not equipped with a catalytic converter)





  The above represented type-approval mark was issued by France [e2] under number 6789 for the replacement catalytic converter not integrated in the exhaust system (catalytic converter and silencer not integrated in a sole element) (see Chapter 5).





  The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original exhaust system consisting of a sole part (silencer) intended to be fitted on vehicles which are not type-approved according to Chapter 5.’ |
| --- | --- |

(iii)

The following Appendix is added:

‘Appendix

Examples of type-approval mark

Image 5

The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original exhaust system consisting of a sole part integrating both the silencer and the catalytic converter.

Image 6

The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original silencer not integrating a catalytic converter (catalytic converter and silencer not integrated in a sole element or vehicle not equipped with a catalytic converter)

Image 7

The above represented type-approval mark was issued by France [e2] under number 6789 for the replacement catalytic converter not integrated in the exhaust system (catalytic converter and silencer not integrated in a sole element) (see Chapter 5).

Image 8

The above represented type-approval mark was issued by France [e2] under number 6789 for a non-original exhaust system consisting of a sole part (silencer) intended to be fitted on vehicles which are not type-approved according to Chapter 5.’

---

(*1)  As provided for in this Directive in the version applicable to the type-approval of that vehicle.

*1

(*2)  As provided for in this Directive in the version applicable to the type-approval of that vehicle.

*2

(*3)  Delete as appropriate.

*3

(*4)  Delete as appropriate.

*4

---

ANNEX II

AMENDMENTS TO DIRECTIVE 2002/24/EC

Directive 2002/24/EC is amended as follows:

| (a) | in Annex II, section 3.2.12 is replaced by the following:
  ‘3.2.12.   Measures taken against air pollution
  3.2.12.1.   Device for recycling crankcase gases, solely in the case of four-stroke engines (description and drawings):
  3.2.12.2.   Additional anti-pollution devices (if any, and if not covered by another heading):
  3.2.12.2.1.   Catalytic converter: yes/no (*1)

  3.2.12.2.1.1.   Number of catalytic converters and elements:
  3.2.12.2.1.2.   Dimensions, shape and volume of the catalytic converter(s):
  3.2.12.2.1.3.   Type of catalytic action:
  3.2.12.2.1.4.   Total charge of precious metal:
  3.2.12.2.1.5.   Relative concentration:
  3.2.12.2.1.6.   Substrate (structure and material):
  3.2.12.2.1.7.   Cell density:
  3.2.12.2.1.8.   Type of casing for the catalytic converter(s):
  3.2.12.2.1.9.   Location of the catalytic converter(s) (place and reference distance in the exhaust line):
  3.2.12.2.2.   Oxygen sensor: yes/no (*1)

  3.2.12.2.2.1.   Type:
  3.2.12.2.2.2.   Location:
  3.2.12.2.2.3.   Control range:
  3.2.12.2.3.   Air injection: yes/no (*1)

  3.2.12.2.3.1.   Type (pulse air, air pump etc.):
  3.2.12.2.4.   Exhaust gas recirculation: yes/no (*1)

  3.2.12.2.4.1.   Characteristics (flow rate etc.):
  3.2.12.2.5.   Other systems (description and operation):

  (*1)  Delete as appropriate.’
  "


  (*1)  Delete as appropriate.’
  "


  (*1)  Delete as appropriate.’
  "


  (*1)  Delete as appropriate.’
  " |
| --- | --- |

(a)

in Annex II, section 3.2.12 is replaced by the following:

‘3.2.12.   Measures taken against air pollution

3.2.12.1.   Device for recycling crankcase gases, solely in the case of four-stroke engines (description and drawings):

3.2.12.2.   Additional anti-pollution devices (if any, and if not covered by another heading):

3.2.12.2.1.   Catalytic converter: yes/no (*1)

3.2.12.2.1.1.   Number of catalytic converters and elements:

3.2.12.2.1.2.   Dimensions, shape and volume of the catalytic converter(s):

3.2.12.2.1.3.   Type of catalytic action:

3.2.12.2.1.4.   Total charge of precious metal:

3.2.12.2.1.5.   Relative concentration:

3.2.12.2.1.6.   Substrate (structure and material):

3.2.12.2.1.7.   Cell density:

3.2.12.2.1.8.   Type of casing for the catalytic converter(s):

3.2.12.2.1.9.   Location of the catalytic converter(s) (place and reference distance in the exhaust line):

3.2.12.2.2.   Oxygen sensor: yes/no (*1)

3.2.12.2.2.1.   Type:

3.2.12.2.2.2.   Location:

3.2.12.2.2.3.   Control range:

3.2.12.2.3.   Air injection: yes/no (*1)

3.2.12.2.3.1.   Type (pulse air, air pump etc.):

3.2.12.2.4.   Exhaust gas recirculation: yes/no (*1)

3.2.12.2.4.1.   Characteristics (flow rate etc.):

3.2.12.2.5.   Other systems (description and operation):

(*1)  Delete as appropriate.’
  "

(*1)  Delete as appropriate.’
  "

(*1)  Delete as appropriate.’
  "

(*1)  Delete as appropriate.’
  "

| (b) | Annex V is amended as follows:






  (i) | in the list in section 1 of point 1 under the heading A, the text ‘CY for Cyprus’ and ‘MT for Malta’ is replaced by: ‘49 for Cyprus’ and ‘50 for Malta’. |
| --- | --- | --- |

(b)

Annex V is amended as follows:

(i)

in the list in section 1 of point 1 under the heading A, the text ‘CY for Cyprus’ and ‘MT for Malta’ is replaced by: ‘49 for Cyprus’ and ‘50 for Malta’.

| (ii) | in the list in point 1.1 under the heading B, the text ‘CY for Cyprus’ and ‘MT for Malta’ is replaced by ‘49 for Cyprus’ and ‘50 for Malta’. |
| --- | --- |

(ii)

in the list in point 1.1 under the heading B, the text ‘CY for Cyprus’ and ‘MT for Malta’ is replaced by ‘49 for Cyprus’ and ‘50 for Malta’.

---

(*1)  Delete as appropriate.’
  ’

---

Acts adopted under Title V of the Treaty on European Union

| 27.4.2005 | EN | Official Journal of the European Union | L 106/32 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/32

---

COUNCIL COMMON POSITION 2005/329/PESC

of 25 April 2005

relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | The European Union continues to regard the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as the cornerstone of the global nuclear non-proliferation regime, the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI of the NPT and an important element in the further development of nuclear energy applications for peaceful purposes. |
| --- | --- |

(1)

The European Union continues to regard the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as the cornerstone of the global nuclear non-proliferation regime, the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI of the NPT and an important element in the further development of nuclear energy applications for peaceful purposes.

| (2) | On 17 November 2003 the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). On 12 December 2003 the European Council adopted a Strategy against proliferation of Weapons of Mass Destruction. |
| --- | --- |

(2)

On 17 November 2003 the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). On 12 December 2003 the European Council adopted a Strategy against proliferation of Weapons of Mass Destruction.

| (3) | The United Nations Security Council unanimously adopted Resolution 1540 (2004), describing the proliferation of weapons of mass destruction and their means of delivery as a threat to international peace and security. |
| --- | --- |

(3)

The United Nations Security Council unanimously adopted Resolution 1540 (2004), describing the proliferation of weapons of mass destruction and their means of delivery as a threat to international peace and security.

| (4) | The 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons with the task of examining the Treaty and the question of its extension adopted decisions on the indefinite extension of the Treaty on the Non-Proliferation of Nuclear Weapons, on principles and objectives for nuclear non proliferation and disarmament and on strengthening the review process for that Treaty and a resolution on the Middle East. |
| --- | --- |

(4)

The 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons with the task of examining the Treaty and the question of its extension adopted decisions on the indefinite extension of the Treaty on the Non-Proliferation of Nuclear Weapons, on principles and objectives for nuclear non proliferation and disarmament and on strengthening the review process for that Treaty and a resolution on the Middle East.

| (5) | On 13 April 2000 the Council adopted Common Position 2000/297/CFSP relating to the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (2). |
| --- | --- |

(5)

On 13 April 2000 the Council adopted Common Position 2000/297/CFSP relating to the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (2).

| (6) | The 2000 NPT Review Conference adopted a final document. |
| --- | --- |

(6)

The 2000 NPT Review Conference adopted a final document.

| (7) | The Preparatory Committee for the 2005 NPT Review Conference held three sessions, from 8 to 19 April 2002 in New York, 28 April to 9 May 2003 in Geneva and 26 April to 7 May 2004 in New York. |
| --- | --- |

(7)

The Preparatory Committee for the 2005 NPT Review Conference held three sessions, from 8 to 19 April 2002 in New York, 28 April to 9 May 2003 in Geneva and 26 April to 7 May 2004 in New York.

| (8) | On 29 April 1997 the Council adopted Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls (3). |
| --- | --- |

(8)

On 29 April 1997 the Council adopted Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls (3).

| (9) | On 17 May 2004 the Council adopted Joint Action 2004/495/CFSP on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (4). |
| --- | --- |

(9)

On 17 May 2004 the Council adopted Joint Action 2004/495/CFSP on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (4).

| (10) | On 1 June 2004 the Council adopted a statement of support for the Proliferation Security Initiative on Weapons of Mass Destruction. |
| --- | --- |

(10)

On 1 June 2004 the Council adopted a statement of support for the Proliferation Security Initiative on Weapons of Mass Destruction.

| (11) | The Additional Protocol to the Verification Agreement between the Non-Nuclear-Weapon States of the European Atomic Energy Community (EURATOM), EURATOM and the International Atomic Energy Agency (IAEA), the Additional Protocol to the Safeguards Agreement between France, EURATOM and the IAEA, and the Additional Protocol to the Safeguards Agreement between the United Kingdom, EURATOM and the IAEA have been signed and entered into force on 30 April 2004. |
| --- | --- |

(11)

The Additional Protocol to the Verification Agreement between the Non-Nuclear-Weapon States of the European Atomic Energy Community (EURATOM), EURATOM and the International Atomic Energy Agency (IAEA), the Additional Protocol to the Safeguards Agreement between France, EURATOM and the IAEA, and the Additional Protocol to the Safeguards Agreement between the United Kingdom, EURATOM and the IAEA have been signed and entered into force on 30 April 2004.

| (12) | In the light of the outcome of the 2000 Review Conference and of the discussions at the three sessions of the Preparatory Committee for the NPT 2005 Review Conference, and bearing in mind the current situation, it is appropriate to update and develop further the objectives set out in Common Position 2000/297/CFSP, and the initiatives carried out under its terms, |
| --- | --- |

(12)

In the light of the outcome of the 2000 Review Conference and of the discussions at the three sessions of the Preparatory Committee for the NPT 2005 Review Conference, and bearing in mind the current situation, it is appropriate to update and develop further the objectives set out in Common Position 2000/297/CFSP, and the initiatives carried out under its terms,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The objective of the European Union shall be to strengthen the international nuclear non proliferation regime by promoting the successful outcome of the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT).

Article 2

For the purposes of the objective laid down in Article 1, the European Union shall:

| (a) | contribute to a structured and balanced review of the operation of the NPT at the 2005 Review Conference, including the implementation of undertakings of the States Parties under the said Treaty, as well as the identification of areas in which, and of means through which, further progress should be sought in future; |
| --- | --- |

(a)

contribute to a structured and balanced review of the operation of the NPT at the 2005 Review Conference, including the implementation of undertakings of the States Parties under the said Treaty, as well as the identification of areas in which, and of means through which, further progress should be sought in future;

| (b) | help build a consensus on the basis of the framework established by the NPT by supporting the Decisions and the Resolution adopted at the 1995 Review and Extension Conference and the final document of the 2000 NPT Review Conference, and shall bear in mind the current situation and shall promote inter alia the following essential issues, including:






  1. | undertaking efforts to preserve the integrity of the NPT and strengthen its implementation; |
| --- | --- | --- |

(b)

help build a consensus on the basis of the framework established by the NPT by supporting the Decisions and the Resolution adopted at the 1995 Review and Extension Conference and the final document of the 2000 NPT Review Conference, and shall bear in mind the current situation and shall promote inter alia the following essential issues, including:

1.

undertaking efforts to preserve the integrity of the NPT and strengthen its implementation;

| 2. | recognising that the NPT is a unique and irreplaceable multilateral instrument for maintaining and reinforcing international peace, security and stability, in that it establishes a legal framework for preventing increased proliferation of nuclear weapons and for developing further a verification system guaranteeing that non-nuclear-weapons States use nuclear energy solely for peaceful purposes, and that it represents the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI thereof; |
| --- | --- |

2.

recognising that the NPT is a unique and irreplaceable multilateral instrument for maintaining and reinforcing international peace, security and stability, in that it establishes a legal framework for preventing increased proliferation of nuclear weapons and for developing further a verification system guaranteeing that non-nuclear-weapons States use nuclear energy solely for peaceful purposes, and that it represents the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI thereof;

| 3. | working towards universal accession to the NPT; |
| --- | --- |

3.

working towards universal accession to the NPT;

| 4. | stressing the absolute necessity of full compliance with all the provisions of the NPT by all States Parties; |
| --- | --- |

4.

stressing the absolute necessity of full compliance with all the provisions of the NPT by all States Parties;

| 5. | calling on all States not party to the NPT to pledge commitments to non-proliferation and disarmament and calling on those States to become States Parties to the NPT as non nuclear weapon States. |
| --- | --- |

5.

calling on all States not party to the NPT to pledge commitments to non-proliferation and disarmament and calling on those States to become States Parties to the NPT as non nuclear weapon States.

| 6. | recognising that serious nuclear proliferation events have occurred since the end of the 2000 Review Conference; |
| --- | --- |

6.

recognising that serious nuclear proliferation events have occurred since the end of the 2000 Review Conference;

| 7. | stressing the need to strengthen the role of the UN Security Council, as final arbiter, in order that it can take appropriate action in the event of non-compliance with NPT obligations, in keeping with the Statute of the International Atomic Energy Agency (IAEA), including the application of safeguards; |
| --- | --- |

7.

stressing the need to strengthen the role of the UN Security Council, as final arbiter, in order that it can take appropriate action in the event of non-compliance with NPT obligations, in keeping with the Statute of the International Atomic Energy Agency (IAEA), including the application of safeguards;

| 8. | drawing attention to the potential implications for international peace and security of withdrawal from the NPT. Urging the adoption of measures to discourage withdrawal from the said Treaty; |
| --- | --- |

8.

drawing attention to the potential implications for international peace and security of withdrawal from the NPT. Urging the adoption of measures to discourage withdrawal from the said Treaty;

| 9. | calling for nuclear cooperation to be suspended where the IAEA is not able to provide adequate assurances that a State's nuclear programme is designed exclusively for peaceful purposes, until such time as the Agency is able to provide such assurances; |
| --- | --- |

9.

calling for nuclear cooperation to be suspended where the IAEA is not able to provide adequate assurances that a State's nuclear programme is designed exclusively for peaceful purposes, until such time as the Agency is able to provide such assurances;

| 10. | calling on all States in the region to make the Middle East into an effectively verifiable zone free of nuclear weapons and other weapons of mass destruction and their delivery systems, in keeping with the Resolution on the Middle East adopted at the 1995 Review and Extension Conference; |
| --- | --- |

10.

calling on all States in the region to make the Middle East into an effectively verifiable zone free of nuclear weapons and other weapons of mass destruction and their delivery systems, in keeping with the Resolution on the Middle East adopted at the 1995 Review and Extension Conference;

| 11. | since security in Europe is linked to security in the Mediterranean, giving top priority to implementation of the nuclear non-proliferation regime in that region; |
| --- | --- |

11.

since security in Europe is linked to security in the Mediterranean, giving top priority to implementation of the nuclear non-proliferation regime in that region;

| 12. | acknowledging the importance of nuclear-weapon-free zones for peace and security, on the basis of arrangements freely entered into between the States of the region concerned; |
| --- | --- |

12.

acknowledging the importance of nuclear-weapon-free zones for peace and security, on the basis of arrangements freely entered into between the States of the region concerned;

| 13. | stressing the need to do everything possible to prevent the risk of nuclear terrorism, linked to possible terrorist access to nuclear weapons or materials that could be used in the manufacture of radiological dispersal devices and, in this context, stressing the need for compliance with obligations under Security Council Resolution 1540 (2004). Calling for tighter security for high activity radioactive sources. Supporting G8 and IAEA action in this regard; |
| --- | --- |

13.

stressing the need to do everything possible to prevent the risk of nuclear terrorism, linked to possible terrorist access to nuclear weapons or materials that could be used in the manufacture of radiological dispersal devices and, in this context, stressing the need for compliance with obligations under Security Council Resolution 1540 (2004). Calling for tighter security for high activity radioactive sources. Supporting G8 and IAEA action in this regard;

| 14. | recognising that, in the light of the increased threat of nuclear proliferation and terrorism, the Proliferation Security Initiative, the Global Threat Reduction Initiative and the G8 Global Partnership Initiative should be approved; |
| --- | --- |

14.

recognising that, in the light of the increased threat of nuclear proliferation and terrorism, the Proliferation Security Initiative, the Global Threat Reduction Initiative and the G8 Global Partnership Initiative should be approved;

| 15. | calling for universal accession to the Comprehensive Safeguards Agreements and Additional Protocols; |
| --- | --- |

15.

calling for universal accession to the Comprehensive Safeguards Agreements and Additional Protocols;

| 16. | recognising that Comprehensive Safeguards Agreements and Additional Protocols have a deterrent effect on nuclear proliferation and form today's verification standard, and continuing to work for increased detectability of any violations of Treaty obligations; |
| --- | --- |

16.

recognising that Comprehensive Safeguards Agreements and Additional Protocols have a deterrent effect on nuclear proliferation and form today's verification standard, and continuing to work for increased detectability of any violations of Treaty obligations;

| 17. | working for recognition by the IAEA Board of Governors that the conclusion of a Comprehensive Safeguards Agreement and an Additional Protocol is today's verification standard; |
| --- | --- |

17.

working for recognition by the IAEA Board of Governors that the conclusion of a Comprehensive Safeguards Agreement and an Additional Protocol is today's verification standard;

| 18. | highlighting the IAEA's unique role in verifying States' compliance with their nuclear Non-proliferation commitments and helping them, on request, to tighten up the security of nuclear materials and installations, and calling on States to support the Agency; |
| --- | --- |

18.

highlighting the IAEA's unique role in verifying States' compliance with their nuclear Non-proliferation commitments and helping them, on request, to tighten up the security of nuclear materials and installations, and calling on States to support the Agency;

| 19. | recognising the importance of appropriate effective export controls, in compliance with Security Council Resolution 1540 (2004) and in accordance with Article III.2 of the NPT; |
| --- | --- |

19.

recognising the importance of appropriate effective export controls, in compliance with Security Council Resolution 1540 (2004) and in accordance with Article III.2 of the NPT;

| 20. | implementing, at national level, effective export, transit, transhipment and re-export controls, including appropriate laws and regulations for that purpose; |
| --- | --- |

20.

implementing, at national level, effective export, transit, transhipment and re-export controls, including appropriate laws and regulations for that purpose;

| 21. | enacting effective criminal sanctions to deter illegal export, transit, brokering, trafficking and related financing, in compliance with UNSC Resolution 1540 (2004); |
| --- | --- |

21.

enacting effective criminal sanctions to deter illegal export, transit, brokering, trafficking and related financing, in compliance with UNSC Resolution 1540 (2004);

| 22. | urging the Zangger Committee and the Nuclear Suppliers Group to share their experience on export controls, so that all States can draw on the arrangements of the Zangger Committee and the Nuclear Suppliers Group (NSG) guidelines; |
| --- | --- |

22.

urging the Zangger Committee and the Nuclear Suppliers Group to share their experience on export controls, so that all States can draw on the arrangements of the Zangger Committee and the Nuclear Suppliers Group (NSG) guidelines;

| 23. | pointing up the need to strengthen the (NSG) Guidelines at an early date, to adapt them to new non-proliferation challenges; |
| --- | --- |

23.

pointing up the need to strengthen the (NSG) Guidelines at an early date, to adapt them to new non-proliferation challenges;

| 24. | calling on the States Parties to the Convention on the Physical Protection of Nuclear Material to work for rapid conclusion of an amended Convention; |
| --- | --- |

24.

calling on the States Parties to the Convention on the Physical Protection of Nuclear Material to work for rapid conclusion of an amended Convention;

| 25. | recognising the right of States Parties to the NPT to nuclear energy for peaceful purposes, in accordance with Article IV thereof, with due regard for Articles I, II and III of the Treaty; |
| --- | --- |

25.

recognising the right of States Parties to the NPT to nuclear energy for peaceful purposes, in accordance with Article IV thereof, with due regard for Articles I, II and III of the Treaty;

| 26. | underlining the importance of continuing international cooperation in order to strengthen nuclear safety, safe waste management and radiological protection and calling upon States that have not yet done so to accede to all the relevant conventions as soon as possible and to implement fully the ensuing commitments; |
| --- | --- |

26.

underlining the importance of continuing international cooperation in order to strengthen nuclear safety, safe waste management and radiological protection and calling upon States that have not yet done so to accede to all the relevant conventions as soon as possible and to implement fully the ensuing commitments;

| 27. | noting that the States Parties to the NPT, may, pursuant to Article IV thereof, have resort to peaceful uses of nuclear energy, inter alia in the area of production of electricity, industry, health and agriculture; |
| --- | --- |

27.

noting that the States Parties to the NPT, may, pursuant to Article IV thereof, have resort to peaceful uses of nuclear energy, inter alia in the area of production of electricity, industry, health and agriculture;

| 28. | urging the formulation of guarantees of access to nuclear fuel services, or to fuel itself, subject to appropriate conditions; |
| --- | --- |

28.

urging the formulation of guarantees of access to nuclear fuel services, or to fuel itself, subject to appropriate conditions;

| 29. | noting the report of the IAEA's expert group on multinational approaches to the nuclear fuel cycle and promoting an early start to its scrutiny by the IAEA; |
| --- | --- |

29.

noting the report of the IAEA's expert group on multinational approaches to the nuclear fuel cycle and promoting an early start to its scrutiny by the IAEA;

| 30. | stressing, while acknowledging the nuclear arms reductions which have taken place since the end of the cold war, the need for an overall reduction in nuclear arsenals in the pursuit of gradual, systematic nuclear disarmament under Article VI of the NPT and welcoming, in this context, the ratification of the Moscow Treaty by the Russian Federation and the United States of America in 2002, while stressing the need for more progress in reducing their arsenals; |
| --- | --- |

30.

stressing, while acknowledging the nuclear arms reductions which have taken place since the end of the cold war, the need for an overall reduction in nuclear arsenals in the pursuit of gradual, systematic nuclear disarmament under Article VI of the NPT and welcoming, in this context, the ratification of the Moscow Treaty by the Russian Federation and the United States of America in 2002, while stressing the need for more progress in reducing their arsenals;

| 31. | stressing the need to implement the declarations made by the Presidents of Russia and America in 1991 and 1992 on unilateral reductions in their stocks of non-strategic nuclear weapons and calling on all States with non-strategic nuclear weapons to include them in their general arms control and disarmament processes, with a view to their reduction and elimination; |
| --- | --- |

31.

stressing the need to implement the declarations made by the Presidents of Russia and America in 1991 and 1992 on unilateral reductions in their stocks of non-strategic nuclear weapons and calling on all States with non-strategic nuclear weapons to include them in their general arms control and disarmament processes, with a view to their reduction and elimination;

| 32. | recognising application of the principle of irreversibility to guide all measures in the field of nuclear disarmament and arms control, as a contribution to the maintenance and reinforcement of international peace, security and stability, taking these conditions into account; |
| --- | --- |

32.

recognising application of the principle of irreversibility to guide all measures in the field of nuclear disarmament and arms control, as a contribution to the maintenance and reinforcement of international peace, security and stability, taking these conditions into account;

| 33. | recognising the importance, from the point of view of nuclear disarmament, of the programmes for the destruction and elimination of nuclear weapons and the elimination of fissile material as defined under the G8 World Partnership; |
| --- | --- |

33.

recognising the importance, from the point of view of nuclear disarmament, of the programmes for the destruction and elimination of nuclear weapons and the elimination of fissile material as defined under the G8 World Partnership;

| 34. | pursuing efforts to secure transparency, as a voluntary Confidence Building Measure to support further progress in disarmament; |
| --- | --- |

34.

pursuing efforts to secure transparency, as a voluntary Confidence Building Measure to support further progress in disarmament;

| 35. | since the Comprehensive Nuclear Test Ban Treaty (CTBT) forms an essential part of the nuclear disarmament and non-proliferation regime and with a view to its entry into force as soon as possible, without conditions, calling on States, particularly those listed in Annex II, to sign and ratify the said Treaty without delay and without conditions and, pending the entry into force of the said Treaty, calling on all States to abide by a moratorium and to refrain from any action contrary to the obligations and provisions of the said Treaty. Highlighting the importance of the work of the CTBT Organisation Preparatory Commission and actively supporting the work of the Special Representative of the States which have ratified the Treaty charged with promoting universal accession to the Treaty; |
| --- | --- |

35.

since the Comprehensive Nuclear Test Ban Treaty (CTBT) forms an essential part of the nuclear disarmament and non-proliferation regime and with a view to its entry into force as soon as possible, without conditions, calling on States, particularly those listed in Annex II, to sign and ratify the said Treaty without delay and without conditions and, pending the entry into force of the said Treaty, calling on all States to abide by a moratorium and to refrain from any action contrary to the obligations and provisions of the said Treaty. Highlighting the importance of the work of the CTBT Organisation Preparatory Commission and actively supporting the work of the Special Representative of the States which have ratified the Treaty charged with promoting universal accession to the Treaty;

| 36. | appealing again to the Disarmament Conference for the immediate commencement and early conclusion of a non-discriminatory, universally applicable Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, without pre-conditions, and bearing in mind the special coordinator's report and the mandate included therein and, pending entry into force of the said Treaty, calling on all States to declare and uphold a moratorium on the production of fissile material for nuclear weapons or other nuclear explosive devices. The EU welcomes the action of those of the five nuclear-weapon States which have decreed the relevant moratorium; |
| --- | --- |

36.

appealing again to the Disarmament Conference for the immediate commencement and early conclusion of a non-discriminatory, universally applicable Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, without pre-conditions, and bearing in mind the special coordinator's report and the mandate included therein and, pending entry into force of the said Treaty, calling on all States to declare and uphold a moratorium on the production of fissile material for nuclear weapons or other nuclear explosive devices. The EU welcomes the action of those of the five nuclear-weapon States which have decreed the relevant moratorium;

| 37. | calling on all States concerned to take appropriate practical measures in order to reduce the risk of accidental nuclear war; |
| --- | --- |

37.

calling on all States concerned to take appropriate practical measures in order to reduce the risk of accidental nuclear war;

| 38. | pursuing consideration of the issue of security assurances to the non-nuclear-weapon States Parties to the NPT; |
| --- | --- |

38.

pursuing consideration of the issue of security assurances to the non-nuclear-weapon States Parties to the NPT;

| 39. | calling on nuclear-weapon States to reaffirm existing security assurances noted by the United Nations Security Council in Resolution 984(1995) and to sign and ratify the relevant protocols on nuclear-weapon-free zones, drawn up following the requisite consultations, recognising that Treaty-based security assurances are available to such zones; |
| --- | --- |

39.

calling on nuclear-weapon States to reaffirm existing security assurances noted by the United Nations Security Council in Resolution 984(1995) and to sign and ratify the relevant protocols on nuclear-weapon-free zones, drawn up following the requisite consultations, recognising that Treaty-based security assurances are available to such zones;

| 40. | stressing the need for general disarmament; |
| --- | --- |

40.

stressing the need for general disarmament;

| 41. | highlighting the importance of universal accession and implementation of the Biological and Toxins Weapons Convention (BTWC), the Chemical Weapons Convention (CWC) and the conventions, measures and initiatives contributing to conventional arms control; |
| --- | --- |

41.

highlighting the importance of universal accession and implementation of the Biological and Toxins Weapons Convention (BTWC), the Chemical Weapons Convention (CWC) and the conventions, measures and initiatives contributing to conventional arms control;

| 42. | calling for universal accession to and effective implementation of the Hague Code of Conduct against Ballistic Missile Proliferation; |
| --- | --- |

42.

calling for universal accession to and effective implementation of the Hague Code of Conduct against Ballistic Missile Proliferation;

| 43. | working for the resolution of the problems of regional instability and insecurity and of the conflict situations which are often at the root of armament programmes. |
| --- | --- |

43.

working for the resolution of the problems of regional instability and insecurity and of the conflict situations which are often at the root of armament programmes.

Article 3

Action taken by the European Union for the purposes of Article 2 shall comprise:

| (a) | where appropriate, demarches by the Presidency, pursuant to Article 18 of the Treaty on European Union, with a view to promoting the universality of the NPT; |
| --- | --- |

(a)

where appropriate, demarches by the Presidency, pursuant to Article 18 of the Treaty on European Union, with a view to promoting the universality of the NPT;

| (b) | demarches by the Presidency, pursuant to Article 18 of the Treaty on European Union, with regard to States Parties to the NPT, in order to urge their support for the objectives set out in Article 2 of this Common Position; |
| --- | --- |

(b)

demarches by the Presidency, pursuant to Article 18 of the Treaty on European Union, with regard to States Parties to the NPT, in order to urge their support for the objectives set out in Article 2 of this Common Position;

| (c) | the pursuit of agreement by Member States on draft proposals on substantive issues for submission on behalf of the European Union for consideration by States Parties to the NPT which may form the basis for decisions of the NPT 2005 Review Conference; |
| --- | --- |

(c)

the pursuit of agreement by Member States on draft proposals on substantive issues for submission on behalf of the European Union for consideration by States Parties to the NPT which may form the basis for decisions of the NPT 2005 Review Conference;

| (d) | Statements by the European Union delivered by the Presidency in the General Debate and in the debates in the three Main Committees. |
| --- | --- |

(d)

Statements by the European Union delivered by the Presidency in the General Debate and in the debates in the three Main Committees.

Article 4

This Common Position shall take effect on the date of its adoption.

Article 5

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 25 April 2005.

For the Council

The President

J. ASSELBORN

---

(1)  
  OJ L 302, 20.11.2003, p. 34.

1

(2)  
  OJ L 97, 19.4.2000, p. 1.

2

(3)  
  OJ L 120, 12.5.1997, p. 1.

3

(4)  
  OJ L 182, 19.5.2004, p. 46.

4

---

| 27.4.2005 | EN | Official Journal of the European Union | L 106/36 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/36

---

COUNCIL JOINT ACTION 2005/330/CFSP

of 26 April 2005

amending the mandate of the Special Representative of the European Union for the South Caucasus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 8 December 2003 the Council adopted Joint Action 2003/872/CFSP (1) amending and extending until 30 June 2004 the mandate of the Special Representative of the European Union for the South Caucasus (‘EUSR’). |
| --- | --- |

(1)

On 8 December 2003 the Council adopted Joint Action 2003/872/CFSP (1) amending and extending until 30 June 2004 the mandate of the Special Representative of the European Union for the South Caucasus (‘EUSR’).

| (2) | On 2 February 2005, the Council adopted Joint Action 2005/100/CFSP, extending the mandate of the EUSR for the South Caucasus until 31 August 2005. |
| --- | --- |

(2)

On 2 February 2005, the Council adopted Joint Action 2005/100/CFSP, extending the mandate of the EUSR for the South Caucasus until 31 August 2005.

| (3) | Following the closure of the OSCE border monitoring mission in Georgia, the Political and Security Committee agreed on 8 March 2005 to respond to the situation by strengthening the EUSR for the South Caucasus. |
| --- | --- |

(3)

Following the closure of the OSCE border monitoring mission in Georgia, the Political and Security Committee agreed on 8 March 2005 to respond to the situation by strengthening the EUSR for the South Caucasus.

| (4) | The mandate of the EUSR should be amended accordingly, |
| --- | --- |

(4)

The mandate of the EUSR should be amended accordingly,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2003/872/CFSP shall be amended as follows:

| | In Article 3 the following shall be added:






  ‘h) | through a support team in Tbilisi, provide the European Union with reporting and a continued assessment of the border situation and to facilitate confidence-building between Georgia and the Russian Federation, thereby ensuring efficient co-operation and liaison with all relevant actors.’ |
| --- | --- | --- |

In Article 3 the following shall be added:

‘h)

through a support team in Tbilisi, provide the European Union with reporting and a continued assessment of the border situation and to facilitate confidence-building between Georgia and the Russian Federation, thereby ensuring efficient co-operation and liaison with all relevant actors.’

Article 2

This Joint Action shall enter into force on the day of its adoption.

It shall apply as of 4 April 2005.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Luxembourg, 26 April 2005.

For the Council

The President

F. BODEN

---

(1)  
  OJ L 326, 13.12.2003, p. 44, Joint Action as last amended by Joint Action 2005/100/CFSP (OJ L 31 4.2.2005, p. 74).

1

---

Corrigenda

| 27.4.2005 | EN | Official Journal of the European Union | L 106/37 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

L 106/37

---

Corrigendum to Commission Regulation (EC) No 426/2005 of 15 March 2005 imposing a provisional anti-dumping duty on imports of certain finished polyester filament apparel fabrics originating in the People’s Republic of China

(
  Official Journal of the European Union L 69 of 16 March 2005
  )

On page 31, in Article 1(2):

for:

| ‘Company | Antidumping duty | TARIC Additional code |
| --- | --- | --- |
| Fuzhou Fuhua Textile & Printing Dyeing Co. Ltd. | 20,00  % | A617 |
| Fuzhou Ta Tung Textile Works Co. Ltd. | 20,00  % | A617 |
| Hangzhou Delicacy Co. Ltd. | 20,00  % | A617 |
| Far Eastern Industries (Shangai) Ltd. | 20,00  % | A617 |
| Hangzhou Hongfeng Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou Jieenda Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou Mingyuan Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou Shenda Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou Yililong Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou Yongsheng Textile Co. Ltd. | 20,00  % | A617 |
| Hangzhou ZhenYa Textile Co. Ltd. | 20,00  % | A617 |
| Huzhou Styly Jingcheng Textile Co. Ltd. | 20,00  % | A617 |
| Nantong Teijin Co Ltd. | 20,00  % | A617 |
| Shaoxing Ancheng Cloth industrial Co. Ltd. | 20,00  % | A617 |
| Shaoxing County Jiade Weaving and Dyeing Co. Ltd. | 20,00  % | A617 |
| Shaoxing County Pengyue Textile Co. Ltd. | 20,00  % | A617 |
| Shaoxing County Xingxin Textile Co. Ltd. | 20,00  % | A617 |
| Shaoxing Yinuo Printing Dyeing Co. Ltd. | 20,00  % | A617 |
| Wujiang Longsheng Textile Co. Ltd. | 20,00  % | A617 |
| Wujiang Xiangshen Textile Dyeing Finishing Co. Ltd. | 20,00  % | A617 |
| Zheijang Tianyuan Textile printing and Dying Co. Ltd. | 20,00  % | A617 |
| Zhejiang Shaoxing Yongli Printing and Dyeing Co. Ltd. | 20,00  % | A617 |
| Zhejiang Xiangsheng Group Co. Ltd. | 20,00  % | A617 |
| Zhejiang Yonglong enterprises Co. Ltd. | 20,00  % | A617 |
| Zhuji Bolan Textile Industrial development Co. Ltd. | 20,00  % | A617 |
| Wujiang Canhua Import & Export Co. Ltd. | 74,80  % | A618 |
| Shaoxing County Huaxiang Textile Co. Ltd. | 26,70  % | A619 |
| Shaoxing Ronghao Textiles Co. Ltd. | 33,90  % | A620 |
| Shaoxing County Quing Fang Cheng Textile import and export Co. Ltd. | 33,90  % | A621 |
| Shaoxing Tianlong import and export Ltd. | 63,40  % | A622 |
| Hangzhou CaiHong Textile Co. Ltd. | 39,40  % | A623 |
| Hangzhou Fuen Textile Co Ltd. | 39,40  % | A623 |
| Hangzhou Jinsheng Textile Co. Ltd. | 39,40  % | A623 |
| Hangzhou Xiaonshan Phoenix Industry Co. Ltd. | 39,40  % | A623 |
| Hangzhou Zhengda Textile Co. Ltd. | 39,40  % | A623 |
| Shaoxing China Light & Textile Industrial City Somet Textile Co. Ltd. | 39,40  % | A623 |
| Shaoxing County Fengyi Textile Printing and Dying Co. Ltd. | 39,40  % | A623 |
| Shaoxing Nanchi Textile Printing Dyeing Co. Ltd. | 39,40  % | A623 |
| Shaoxing Xinghui Textiles Co. Ltd. | 39,40  % | A623 |
| Shaoxing Yongda Textile Co. Ltd. | 39,40  % | A623 |
| Zhejiang Huagang Dyeing and Weaving Co. Ltd. | 39,40  % | A623 |
| Zheijang Golden time printing and Dying knitwear Co. Ltd. | 39,40  % | A623 |
| Zheijang Golden tree SLK printing Dying and Sandwshing Co. Ltd. | 39,40  % | A623 |
| Zheijang Shaoxiao Printing and Dying Co. Ltd. | 39,40  % | A623 |
| All other companies | 85,30  % | A999 ’ |

‘Company

Antidumping duty

TARIC Additional code

Fuzhou Fuhua Textile & Printing Dyeing Co. Ltd.

20,00  %

A617

Fuzhou Ta Tung Textile Works Co. Ltd.

20,00  %

A617

Hangzhou Delicacy Co. Ltd.

20,00  %

A617

Far Eastern Industries (Shangai) Ltd.

20,00  %

A617

Hangzhou Hongfeng Textile Co. Ltd.

20,00  %

A617

Hangzhou Jieenda Textile Co. Ltd.

20,00  %

A617

Hangzhou Mingyuan Textile Co. Ltd.

20,00  %

A617

Hangzhou Shenda Textile Co. Ltd.

20,00  %

A617

Hangzhou Yililong Textile Co. Ltd.

20,00  %

A617

Hangzhou Yongsheng Textile Co. Ltd.

20,00  %

A617

Hangzhou ZhenYa Textile Co. Ltd.

20,00  %

A617

Huzhou Styly Jingcheng Textile Co. Ltd.

20,00  %

A617

Nantong Teijin Co Ltd.

20,00  %

A617

Shaoxing Ancheng Cloth industrial Co. Ltd.

20,00  %

A617

Shaoxing County Jiade Weaving and Dyeing Co. Ltd.

20,00  %

A617

Shaoxing County Pengyue Textile Co. Ltd.

20,00  %

A617

Shaoxing County Xingxin Textile Co. Ltd.

20,00  %

A617

Shaoxing Yinuo Printing Dyeing Co. Ltd.

20,00  %

A617

Wujiang Longsheng Textile Co. Ltd.

20,00  %

A617

Wujiang Xiangshen Textile Dyeing Finishing Co. Ltd.

20,00  %

A617

Zheijang Tianyuan Textile printing and Dying Co. Ltd.

20,00  %

A617

Zhejiang Shaoxing Yongli Printing and Dyeing Co. Ltd.

20,00  %

A617

Zhejiang Xiangsheng Group Co. Ltd.

20,00  %

A617

Zhejiang Yonglong enterprises Co. Ltd.

20,00  %

A617

Zhuji Bolan Textile Industrial development Co. Ltd.

20,00  %

A617

Wujiang Canhua Import & Export Co. Ltd.

74,80  %

A618

Shaoxing County Huaxiang Textile Co. Ltd.

26,70  %

A619

Shaoxing Ronghao Textiles Co. Ltd.

33,90  %

A620

Shaoxing County Quing Fang Cheng Textile import and export Co. Ltd.

33,90  %

A621

Shaoxing Tianlong import and export Ltd.

63,40  %

A622

Hangzhou CaiHong Textile Co. Ltd.

39,40  %

A623

Hangzhou Fuen Textile Co Ltd.

39,40  %

A623

Hangzhou Jinsheng Textile Co. Ltd.

39,40  %

A623

Hangzhou Xiaonshan Phoenix Industry Co. Ltd.

39,40  %

A623

Hangzhou Zhengda Textile Co. Ltd.

39,40  %

A623

Shaoxing China Light & Textile Industrial City Somet Textile Co. Ltd.

39,40  %

A623

Shaoxing County Fengyi Textile Printing and Dying Co. Ltd.

39,40  %

A623

Shaoxing Nanchi Textile Printing Dyeing Co. Ltd.

39,40  %

A623

Shaoxing Xinghui Textiles Co. Ltd.

39,40  %

A623

Shaoxing Yongda Textile Co. Ltd.

39,40  %

A623

Zhejiang Huagang Dyeing and Weaving Co. Ltd.

39,40  %

A623

Zheijang Golden time printing and Dying knitwear Co. Ltd.

39,40  %

A623

Zheijang Golden tree SLK printing Dying and Sandwshing Co. Ltd.

39,40  %

A623

Zheijang Shaoxiao Printing and Dying Co. Ltd.

39,40  %

A623

All other companies

85,30  %

A999 ’

read:

| ‘Company | Antidumping duty | TARIC Additional code |
| --- | --- | --- |
| Far Eastern Industries (Shanghai) Ltd | 20,00  % | A617 |
| Fuzhou Fuhua Textile & Printing Dyeing Co., Ltd | 20,00  % | A617 |
| Fuzhou Ta-Tung Textile Works Co., Ltd | 20,00  % | A617 |
| Hangzhou CaiHong Textile Co., Ltd | 39,40  % | A623 |
| Hangzhou De Licacy Textile Co., Ltd | 20,00  % | A617 |
| Hangzhou Fuen Textile Co. Ltd | 39,40  % | A623 |
| Hangzhou Hongfeng Textile Co., Ltd | 20,00  % | A617 |
| Hangzhou Jieenda Textile Co. Ltd | 20,00  % | A617 |
| Hangzhou Jinsheng Textile Co. Ltd | 39,40  % | A623 |
| Hangzhou Mingyuan Textile Co. Ltd | 20,00  % | A617 |
| Hangzhou Shenda Textile Co. Ltd | 20,00  % | A617 |
| Hangzhou Xiaoshan Phoenix Industry Co. Ltd | 39,40  % | A623 |
| Hangzhou Yililong Textile Co. Ltd | 20,00  % | A617 |
| Hangzhou Yongsheng Textile Co. Ltd | 20,00  % | A617 |
| Hangzhou Zhengda Textile Co., Ltd | 39,40  % | A623 |
| Hangzhou ZhenYa Textile Co. Ltd | 20,00  % | A617 |
| Huzhou Styly Jingcheng Textile Co. Ltd | 20,00  % | A617 |
| Nantong Teijin Co. Ltd | 20,00  % | A617 |
| Shaoxing Ancheng Cloth industrial Co. Ltd | 20,00  % | A617 |
| Shaoxing China Light & Textile Industrial City Somet Textile Co., Ltd | 39,40  % | A623 |
| Shaoxing County Fengyi Textile Printing & Dyeing Co., Ltd | 39,40  % | A623 |
| Shaoxing County Huaxiang Textile Co., Ltd | 26,70  % | A619 |
| Shaoxing County Jiade Weaving and Dyeing Co. Ltd | 20,00  % | A617 |
| Shaoxing County Pengyue Textile Co. Ltd | 20,00  % | A617 |
| Shaoxing County Qing Fang Cheng Textiles Imp. & Exp. Co., Ltd | 33,90  % | A621 |
| Shaoxing County Xingxin Textile Co. Ltd | 20,00  % | A617 |
| Shaoxing Golden tree silk Printing Dyeing and Sandwashing Co., Ltd | 39,40  % | A623 |
| Shaoxing Nanchi Textile Printing-Dyeing Co. Ltd | 39,40  % | A623 |
| Shaoxing Ronghao Textiles Co., Ltd | 33,90  % | A620 |
| Shaoxing Tianlong Import and Export Ltd | 63,40  % | A622 |
| Shaoxing Xinghui Textile Co. Ltd | 39,40  % | A623 |
| Shaoxing Yinuo Printing & Dyeing Co. Ltd | 20,00  % | A617 |
| Shaoxing Yongda Textiles Co. Ltd | 39,40  % | A623 |
| Wujiang Canhua Imp. & Exp. Co. Ltd | 74,80  % | A618 |
| Wujiang Longsheng Textile Co. Ltd | 20,00  % | A617 |
| Wujiang Xiangsheng Textile Dyeing & Finishing Co. Ltd | 20,00  % | A617 |
| Zhejiang Golden Time Printing and Dyeing knitwear Co. Ltd | 39,40  % | A623 |
| Zhejiang Huagang Dyeing and Weaving Co. Ltd | 39,40  % | A623 |
| Zhejiang Shaoxiao Printing and Dying Co. Ltd | 39,40  % | A623 |
| Zhejiang Shaoxing Yongli Printing and Dyeing Co. Ltd | 20,00  % | A617 |
| Zhejiang Shaoxing Tianyuan Textile Printing and Dying Co. Ltd | 20,00  % | A617 |
| Zhejiang XiangSheng Group Co. Ltd | 20,00  % | A617 |
| Zhejiang Yonglong Enterprises Co. Ltd | 20,00  % | A617 |
| Zhuji Bolan Textile Industrial Development Co. Ltd | 20,00  % | A617 |
| All other companies | 85,30  % | A999 ’ |

‘Company

Antidumping duty

TARIC Additional code

Far Eastern Industries (Shanghai) Ltd

20,00  %

A617

Fuzhou Fuhua Textile & Printing Dyeing Co., Ltd

20,00  %

A617

Fuzhou Ta-Tung Textile Works Co., Ltd

20,00  %

A617

Hangzhou CaiHong Textile Co., Ltd

39,40  %

A623

Hangzhou De Licacy Textile Co., Ltd

20,00  %

A617

Hangzhou Fuen Textile Co. Ltd

39,40  %

A623

Hangzhou Hongfeng Textile Co., Ltd

20,00  %

A617

Hangzhou Jieenda Textile Co. Ltd

20,00  %

A617

Hangzhou Jinsheng Textile Co. Ltd

39,40  %

A623

Hangzhou Mingyuan Textile Co. Ltd

20,00  %

A617

Hangzhou Shenda Textile Co. Ltd

20,00  %

A617

Hangzhou Xiaoshan Phoenix Industry Co. Ltd

39,40  %

A623

Hangzhou Yililong Textile Co. Ltd

20,00  %

A617

Hangzhou Yongsheng Textile Co. Ltd

20,00  %

A617

Hangzhou Zhengda Textile Co., Ltd

39,40  %

A623

Hangzhou ZhenYa Textile Co. Ltd

20,00  %

A617

Huzhou Styly Jingcheng Textile Co. Ltd

20,00  %

A617

Nantong Teijin Co. Ltd

20,00  %

A617

Shaoxing Ancheng Cloth industrial Co. Ltd

20,00  %

A617

Shaoxing China Light & Textile Industrial City Somet Textile Co., Ltd

39,40  %

A623

Shaoxing County Fengyi Textile Printing & Dyeing Co., Ltd

39,40  %

A623

Shaoxing County Huaxiang Textile Co., Ltd

26,70  %

A619

Shaoxing County Jiade Weaving and Dyeing Co. Ltd

20,00  %

A617

Shaoxing County Pengyue Textile Co. Ltd

20,00  %

A617

Shaoxing County Qing Fang Cheng Textiles Imp. & Exp. Co., Ltd

33,90  %

A621

Shaoxing County Xingxin Textile Co. Ltd

20,00  %

A617

Shaoxing Golden tree silk Printing Dyeing and Sandwashing Co., Ltd

39,40  %

A623

Shaoxing Nanchi Textile Printing-Dyeing Co. Ltd

39,40  %

A623

Shaoxing Ronghao Textiles Co., Ltd

33,90  %

A620

Shaoxing Tianlong Import and Export Ltd

63,40  %

A622

Shaoxing Xinghui Textile Co. Ltd

39,40  %

A623

Shaoxing Yinuo Printing & Dyeing Co. Ltd

20,00  %

A617

Shaoxing Yongda Textiles Co. Ltd

39,40  %

A623

Wujiang Canhua Imp. & Exp. Co. Ltd

74,80  %

A618

Wujiang Longsheng Textile Co. Ltd

20,00  %

A617

Wujiang Xiangsheng Textile Dyeing & Finishing Co. Ltd

20,00  %

A617

Zhejiang Golden Time Printing and Dyeing knitwear Co. Ltd

39,40  %

A623

Zhejiang Huagang Dyeing and Weaving Co. Ltd

39,40  %

A623

Zhejiang Shaoxiao Printing and Dying Co. Ltd

39,40  %

A623

Zhejiang Shaoxing Yongli Printing and Dyeing Co. Ltd

20,00  %

A617

Zhejiang Shaoxing Tianyuan Textile Printing and Dying Co. Ltd

20,00  %

A617

Zhejiang XiangSheng Group Co. Ltd

20,00  %

A617

Zhejiang Yonglong Enterprises Co. Ltd

20,00  %

A617

Zhuji Bolan Textile Industrial Development Co. Ltd

20,00  %

A617

All other companies

85,30  %

A999 ’

Where applicable, the correct spelling of the company names, as set out above, should also apply throughout the text of Regulation (EC) No 426/2005 wherever they appear, and namely under recitals 8b, 23, 28, 58 and 139.

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