----

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I Acts whose publication is obligatory

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COUNCIL REGULATION (EC) No 2182/2004

of 6 December 2004

concerning medals and tokens similar to euro coins

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third sentence of Article 123(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation the following definitions shall apply:

Article 2

Protective provisions

Subject to Articles 3 and 4, the production and sale of medals and tokens, and their importation and distribution for sale or for other commercial purposes, shall be prohibited in the following circumstances:

Article 3

Exemptions

1.   Medals and tokens bearing the terms ‘euro’ or ‘euro cent’ or the euro symbol without an associated nominal value shall not be prohibited when their size is outside the reference band.

2.   Medals and tokens whose size is inside the reference band shall not be prohibited when:

Article 4

Derogations by authorisation

1.   The Commission may grant specific authorisations to use the terms ‘euro’ or ‘euro cent’ or the euro symbol under controlled conditions of utilisation in cases where no risk of confusion exists. In such cases, the economic operator concerned within a Member State shall be clearly identifiable on the surface of the medal or token and the indication ‘Not legal tender’ must be stamped on the obverse or the reverse of the medal or token.

2.   The Commission shall be competent to declare whether a design is ‘similar’ within the meaning of Article 2(c).

Article 5

Existing medals and tokens

Medals and tokens issued before the entry into force of this Regulation which do not satisfy the conditions set out in Articles 2, 3 and 4 may continue to be used until the end of the year 2009, at the latest, unless they are capable of being used in place of euro coins. Those medals and tokens shall be recorded, if appropriate, according to the procedures applicable in the Member States and communicated to the ETSC.

Article 6

Sanctions

1.   Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

2.   Member States shall adopt by 1 July 2005 the laws, regulations and administrative provisions for applying this Article. They shall forthwith inform the Commission thereof.

Article 7

Applicability

This Regulation shall apply in the participating Member States as defined in Regulation (EC) No 974/98.

Article 8

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at Brussels, 6 December 2004.

For the Council

The President

H. HOOGERVORST

----

(1)OJ C 134, 12.5.2004, p. 11.

(2)OJ L 139, 11.5.1998, p. 1. Regulation as amended by Regulation (EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2).

(3)OJ L 139, 11.5.1998, p. 6. Regulation as amended by Regulation (EC) No 423/1999 (OJ L 52, 27.2.1999, p. 2).

(4)OJ L 225, 22.8.2002, p. 34.

(5)OJ C 318, 13.11.2001, p. 3.

(6)OJ C 373, 28.12.2001, p. 1.

----

ANNEX I

APPEARANCE OF THE EURO SYMBOL AS MENTIONED IN ARTICLE 1

----

ANNEX II

1.   Definition of the reference band referred to in Article 1

2.   Ranges referred to in Article 3(2)(c)(i)

3.   Ranges referred to in Article 3(2)(c)(ii)

4.   Graphical representation

The following graph provides an indicative illustration of definitions in this Annex:

----

----

COUNCIL REGULATION (EC) No 2183/2004

of 6 December 2004

extending to the non-participating Member States the application of Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The application of Regulation (EC) No 2182/2004 shall be extended to Member States other than the participating Member States as defined in Regulation (EC) No 974/98.

Article 2

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

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

Done at Brussels, 6 December 2004.

For the Council

The President

H. HOOGERVORST

----

(1)  Opinion of 1 April not yet published in the Official Journal.

(2)  See page 1 of this Official Journal.

(3)OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2).

----

----

COMMISSION REGULATION (EC) No 2184/2004

of 20 December 2004

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:

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 21 December 2004.

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

Done at Brussels, 20 December 2004.

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).

----

ANNEX

to Commission Regulation of 20 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(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’.

----

----

COMMISSION REGULATION (EC) No 2185/2004

of 17 December 2004

opening for the year 2005 a tariff quota applicable to the importation into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular, Article 7(2) thereof,

Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular article 3 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   For 1 January to 31 December 2005, the Community tariff quota set out in Annex I is opened for the goods originating in Norway which are listed in that Annex under the conditions specified therein.

2.   The rules of origin mutually applicable under this agreement shall be as set out in Protocol 3 of the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway.

3.   The benefit from the exoneration of the duties within the quota set out in Annex I shall be conditional upon the presentation to the Community customs authorities of the certificate set out in Annex II, as issued to the exporters by the Norwegian authorities in one of the Community languages.

4.   For quantities imported above the quota or for which the certificate referred to in paragraph 3 has not been presented, a duty of 0,047 EUR/litre shall apply.

Article 2

The Community tariff quota referred to in article 1(1) shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

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

It shall be applicable from 1 January 2005.

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

Done at Brussels, 17 December 2004.

For the Commission

Günter VERHEUGEN

Vice-President

----

(1)OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)OJ L 370, 17.12.2004, p. 70.

(3)OJ L 171, 27.6.1973, p. 1.

(4)OJ L 22, 24.1.2002, p. 37.

(5)OJ L 342, 18.11.2004, p. 30.

----

ANNEX I

Tariff Quota applicable upon import into the Community of goods originating in Norway

----

ANNEX II

----

----

COMMISSION REGULATION (EC) No 2186/2004

of 20 December 2004

amending Regulation (EC) No 1613/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Laos regarding certain exports of textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 76 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1613/2000 is amended as follows:

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

László KOVÁCS

Member of the Commission

----

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

(2)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(3)OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1928/2004 (OJ L 321, 22.10.2004, p. 23).

(4)OJ L 185, 25.7.2000, p. 38.

(5)OJ L 46, 16.2.2002, p. 12.

(6)OJ L 332, 19.12.2003, p. 1.

(7)  COM(2003) 787 final.

(8)  COM(2004) 461 final.

----

----

COMMISSION REGULATION (EC) No 2187/2004

of 20 December 2004

amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 76 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1615/2000 is amended as follows:

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

László KOVÁCS

Member of the Commission

----

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

(2)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(3)OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1828/2004 (OJ L 321, 22.10.2004, p. 23).

(4)OJ L 185, 25.7.2000, p. 46.

(5)OJ L 46, 16.2.2002, p. 14.

(6)OJ L 332, 19.12.2003, p. 1.

(7)  COM(2003) 787 final.

(8)  COM(2004) 461 final.

----

----

COMMISSION REGULATION (EC) No 2188/2004

of 20 December 2004

amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 76 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1615/2000 is amended as follows:

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

László KOVÁCS

Member of the Commission

----

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

(2)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(3)OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 1828/2004 (OJ L 321, 22.10.2004, p. 23).

(4)OJ L 185, 25.7.2000, p. 54.

(5)OJ L 46, 16.2.2002, p. 16.

(6)OJ L 332, 19.12.2003, p. 1.

(7)  COM(2003) 787 final.

(8)  COM(2004) 461 final.

----

----

COMMISSION REGULATION (EC) No 2189/2004

of 20 December 2004

fixing the standard fee per farm return for the 2005 accounting year of the farm accountancy data network

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1),

Having regard to Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (2), and in particular Article 5(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard fee provided for in Article 5(1) of Regulation (EEC) No 1915/83 shall be fixed at EUR 142.

Article 2

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

It shall apply for the 2005 accounting year.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ 109, 23.6.1965, p. 1859/65. Regulation last amended by Commission Regulation (EC) No 660/2004 (OJ L 104, 8.4.2004, p. 97).

(2)OJ L 190, 14.7.1983, p. 25. Regulation amended by Regulation (EC) No 1388/2004 (OJ L 255, 31.7.2004, p. 5).

(3)OJ L 21, 28.1.2004, p. 8.

----

----

COMMISSION REGULATION (EC) No 2190/2004

of 20 December 2004

amending Regulation (EC) No 1433/2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial assistance

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 48 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1433/2003 is hereby amended as follows:

Article 2

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

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

Done at Brussels, 20 December 2004.

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).

(2)OJ L 203, 12.8.2003, p. 25. Regulation as last amended by Regulation (EC) No 1813/2004 (OJ L 319, 20.10.2004, p. 5).

----

----

COMMISSION REGULATION (EC) No 2191/2004

of 20 December 2004

fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

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

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

----

----

COMMISSION REGULATION (EC) No 2192/2004

of 20 December 2004

fixing the corrective amount applicable to the refund on cereals

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 15(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

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

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing the corrective amount applicable to the refund on cereals

----

----

COMMISSION REGULATION (EC) No 2193/2004

of 20 December 2004

fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on malt listed in Article 1(1)(c) of Regulation (EC) No 1784/2003 shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

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

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing the export refunds on malt

----

----

COMMISSION REGULATION (EC) No 2194/2004

of 20 December 2004

fixing the corrective amount applicable to the refund on malt

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 organization of the market in cereals (1), and in particular Article 15(2),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 15(3) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance in respect of malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

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

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing the corrective amount applicable to the refund on malt

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

----

----

COMMISSION REGULATION (EC) No 2195/2004

of 20 December 2004

fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

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

(2)OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

(3)OJ L 288, 25.10.1974, p. 1.

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing the refunds applicable to cereal and rice sector products supplied as Comunity and national food aid

----

----

COMMISSION REGULATION (EC) No 2196/2004

of 20 December 2004

fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 21 December 2004.

It shall apply from 22 December 2004 to 4 January 2005.

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

Done at Brussels, 20 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 5.7.1997, p. 1).

(2)OJ L 72, 18.3.1988, p. 16. Regulation as last amended by Regulation (EC) No 2062/97 (OJ L 289, 22.10.1997, p. 1).

----

ANNEX

to the Commission Regulation of 20 December 2004 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

----

----

COMMISSION REGULATION (EC) No 2197/2004

of 20 December 2004

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 16,658 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 December 2004.

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

Done at Brussels, 20 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 148, 1.6.2001, p. 1.

(2)OJ L 148, 1.6.2001, p. 3.

(3)OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

----

----

COMMISSION REGULATION (EC) No 2198/2004

of 20 December 2004

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:

HAS ADOPTED THIS REGULATION:

Article 1

For the months of January and February 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 January 2005.

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

Done at Brussels, 20 December 2004.

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).

----

----

COUNCIL DIRECTIVE 2004/113/EC

of 13 December 2004

implementing the principle of equal treatment between men and women in the access to and supply of goods and services

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 13(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having regard to the Opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Whereas:

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.

Article 2

Definitions

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

Article 3

Scope

1.   Within the limits of the powers conferred upon the Community, this Directive shall apply to all persons who provide goods and services, which are available to the public irrespective of the person concerned as regards both the public and private sectors, including public bodies, and which are offered outside the area of private and family life and the transactions carried out in this context.

2.   This Directive does not prejudice the individual's freedom to choose a contractual partner as long as an individual's choice of contractual partner is not based on that person's sex.

3.   This Directive shall not apply to the content of media and advertising nor to education.

4.   This Directive shall not apply to matters of employment and occupation. This Directive shall not apply to matters of self-employment, insofar as these matters are covered by other Community legislative acts.

Article 4

Principle of equal treatment

1.   For the purposes of this Directive, the principle of equal treatment between men and women shall mean that

2.   This Directive shall be without prejudice to more favourable provisions concerning the protection of women as regards pregnancy and maternity.

3.   Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited. A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

4.   Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of this Directive.

5.   This Directive shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Article 5

Actuarial factors

1.   Member States shall ensure that in all new contracts concluded after 21 December 2007 at the latest, the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services shall not result in differences in individuals' premiums and benefits.

2.   Notwithstanding paragraph 1, Member States may decide before 21 December 2007 to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data. The Member States concerned shall inform the Commission and ensure that accurate data relevant to the use of sex as a determining actuarial factor are compiled, published and regularly updated. These Member States shall review their decision five years after 21 December 2007, taking into account the Commission report referred to in Article 16, and shall forward the results of this review to the Commission.

3.   In any event, costs related to pregnancy and maternity shall not result in differences in individuals' premiums and benefits.

Member States may defer implementation of the measures necessary to comply with this paragraph until two years after 21 December 2007 at the latest. In that case the Member States concerned shall immediately inform the Commission.

Article 6

Positive action

With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex.

Article 7

Minimum requirements

1.   Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive.

2.   The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.

CHAPTER II

REMEDIES AND ENFORCEMENT

Article 8

Defence of rights

1.   Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of the obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

2.   Member States shall introduce into their national legal systems such measures as are necessary to ensure real and effective compensation or reparation, as the Member States so determine, for the loss and damage sustained by a person injured as a result of discrimination within the meaning of this Directive, in a way which is dissuasive and proportionate to the damage suffered. The fixing of a prior upper limit shall not restrict such compensation or reparation.

3.   Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

4.   Paragraphs 1 and 3 shall be without prejudice to national rules on time limits for bringing actions relating to the principle of equal treatment.

Article 9

Burden of proof

1.   Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.

2.   Paragraph 1 shall not prevent Member States from introducing rules of evidence, which are more favourable to plaintiffs.

3.   Paragraph 1 shall not apply to criminal procedures.

4.   Paragraphs 1, 2 and 3 shall also apply to any proceedings brought in accordance with Article 8(3).

5.   Member States need not apply paragraph 1 to proceedings in which it is for the court or other competent authority to investigate the facts of the case.

Article 10

Victimisation

Member States shall introduce into their national legal systems such measures as are necessary to protect persons from any adverse treatment or adverse consequence as a reaction to a complaint or to legal proceedings aimed at enforcing compliance with the principle of equal treatment.

Article 11

Dialogue with relevant stakeholders

With a view to promoting the principle of equal treatment, Member States shall encourage dialogue with relevant stakeholders which have, in accordance with national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of sex in the area of access to and supply of goods and services.

CHAPTER III

BODIES FOR THE PROMOTION OF EQUAL TREATMENT

Article 12

1.   Member States shall designate and make the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds of sex. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, or the implementation of the principle of equal treatment.

2.   Member States shall ensure that the competencies of the bodies referred to in paragraph 1 include:

CHAPTER IV

FINAL PROVISIONS

Article 13

Compliance

Member States shall take the necessary measures to ensure that the principle of equal treatment is respected in relation to the access to and supply of goods and services within the scope of this Directive, and in particular that:

Article 14

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties, which may comprise the payment of compensation to the victim, shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 21 December 2007 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 15

Dissemination of information

Member States shall take care that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought to the attention of the persons concerned by all appropriate means throughout their territory.

Article 16

Reports

1.   Member States shall communicate all available information concerning the application of this Directive to the Commission, by 21 December 2009. and every five years thereafter.

The Commission shall draw up a summary report, which shall include a review of the current practices of Member States in relation to Article 5 with regard to the use of sex as a factor in the calculation of premiums and benefits. It shall submit this report to the European Parliament and to the Council no later 21 December 2010. Where appropriate, the Commission shall accompany its report with proposals to modify the Directive.

2.   The Commission's report shall take into account the viewpoints of relevant stakeholders.

Article 17

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such publication of reference shall be laid down by the Member States.

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 18

Entry into force

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

Article 19

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 13 December 2004.

For the Council

The President

B. R. BOT

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(1)  Opinion delivered on 30 March 2004 (not yet published in the Official Journal).

(2)OJ C 241, 28.9.2004, p. 44.

(3)OJ C 121, 30.4.2004, p. 27.

(4)OJ L 17, 19.1.2001, p. 22.

(5)OJ L 180, 19.7.2000, p. 22.

(6)OJ C 321, 31.12.2003, p. 1.

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II Acts whose publication is not obligatory

Commission

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COMMISSION DECISION

of 29 November 2004

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix I to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, taking into account the enlargement

(2004/881/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1), and in particular Article 5(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commissioner of Agriculture is hereby empowered to sign the Exchange of Letters in order to bind the Community.

Done at Brussels, 29 November 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)OJ L 352, 30.12.2002, p. 1.

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community and the Republic of Chile concerning amendment of Appendix I to the Agreement on trade in spirits drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Brussels, 30 November 2004

Sir,

I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend this Agreement.

As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004.

I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the European Community

Mariann FISCHER BOEL

Brussels, 30 November 2004

Madam,

I have the honour to acknowledge receipt of your letter of 30 November 2004 which reads as follows:

‘I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend this Agreement.

As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004.

I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.’

I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Republic of Chile

Alberto VAN KLAVEREN

‘APPENDIX 1

(referred to in Article 6)

PROTECTED DESIGNATIONS FOR SPIRIT DRINKS AND AROMATISED DRINKS

A.   List of protected designations of spirit drinks originating in the Community

1.   Rum

2. (a)   Whisky

(These designations may be supplemented by the terms “malt” or “grain”)

2. (b)   Whiskey

(These designations may be supplemented by the terms “Pot Still”)

3.   Grain spirit

4.   Wine spirit

5.   Brandy

6.   Grape marc spirit

7.   Fruit spirit

8.   Cider spirit and perry spirit

9.   Gentian spirit

10.   Fruit spirit drinks

11.   Juniper-flavoured spirit drinks

12.   Caraway-flavoured spirit drinks

13.   Aniseed-flavoured spirit drinks

14.   Liqueur

15.   Spirit drinks

16.   Vodka

17.   Bitter-tasting spirit drinks

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COMMISSION DECISION

of 3 December 2004

amending Annex I and II to Council Decision 79/542/EEC as regards the updating of the import conditions and model health certificates relating to wild and farmed game meat

(notified under document number C(2004) 4554)

(Text with EEA relevance)

(2004/882/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 72/462/EEC (1) of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries, and in particular Article 3(1), last sentence, Article 11(2) and Article 16(1) thereof.

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular Article 8(1) and (4) and Article 9(4)(b) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Part 1 of Annex I to Decision 79/542/EEC is replaced by the text in Annex I to this decision.

Article 2

Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in Annex II to this Decision.

Article 3

Part 2 of Annex II to Decision 79/542/EEC is amended as follows:

Article 4

Articles 1 and 2 of this Decision shall apply from 24 December 2004.

Article 3 shall apply from 1 January 2005.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2004.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)OJ L 302, 31.12.1972, p. 28. Directive, as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2)OJ L 18, 23.1.2002, p. 11.

(3)OJ L 146, 14.6.1979, p. 15. As last amended by Decision 2004/620/EC (OJ L 279, 28.8.2004, p. 30).

(4)OJ L 147, 31.5.2001, p. 1. as last amended by Commission Regulation (EC) No 1993/2004 (OJ L 344, 20.11.2004, p. 12).

(5)OJ L 271, 18.8.2004, p. 24.

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ANNEX I

‘ANNEX I

LIVE ANIMALS

PART 1

List of third countries or parts thereof (1)

Specific conditions

(see footnotes in each certificate)

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(1)  Without prejudice to specific certification requirements provided for by any relevant Community agreement with third countries.

(2)  Exclusively for live animals other than animals belonging to the cervidae species.

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ANNEX II

‘ANNEX II

FRESH MEAT

PART 1

List of third countries or parts thereof (1)

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(1)  Without prejudice to specific certification requirements provided for by Community agreements with third countries.

(2)  Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

(3)  Former Yugoslav Republic of Macedonia; provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

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ANNEX III

SG (Supplementary guarantees)

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ANNEX IV

MODEL RUF

MODEL RUF

----

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COMMISSION DECISION

of 10 December 2004

adjusting the Annex to Council Directive 95/57/EC on the collection of statistical information in the field of tourism as regards country lists

(notified under document number C(2004) 4723)

(Text with EEA relevance)

(2004/883/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism (1), and in particular Articles 3(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 95/57/EC is amended as shown in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 December 2004.

For the Commission

Joaquín ALMUNIA

Member of the Commission

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(1)OJ L 291, 6.12.1995, p. 32. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 181, 28.6.1989, p. 47.

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ANNEX

The section headed ‘Breakdown by geographical areas’ in the Annex to Directive 95/57/EC is replaced by the following text:

‘BREAKDOWN BY GEOGRAPHICAL AREAS

1.   Supply side statistics

World total

Total European Economic Area

Total European Union (25)

Total EFTA

Total other European countries

of which:

Total Africa

of which:

South Africa

Total North America

of which:

Total South and Central America

of which:

Brazil

Total Asia

of which:

Total Australia, Oceania and other territories

of which:

Australia

Unspecified

2.   Demand side statistics

World total

Total European Economic Area

Total European Union (25)

Total EFTA

Total other European countries

of which:

Total Africa

of which:

Total North America

of which:

United States of America

Total South and Central America

of which:

Total Asia

of which:

Total Australia, Oceania and other territories

of which:

Australia

Unspecified’

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