----

----

I Acts whose publication is obligatory

----

            COMMISSION REGULATION (EC) No 5/2005

of 4 January 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:

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 5 January 2005.

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

Done at Brussels, 4 January 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).

----

ANNEX

to Commission Regulation of 4 January 2005 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 6/2005

of 4 January 2005         

correcting Regulations (EC) No 46/2003 and (EC) No 47/2003 as regards mixes of different types of fresh fruit and vegetables in the same sales package

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 2(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 46/2003, ‘of a net weight of less than three kilograms’ is hereby replaced by ‘of a net weight of three kilograms or less’.

Article 2

In Article 1 of Regulation (EC) No 47/2003, ‘of a net weight of less than three kilograms’ is hereby replaced by ‘of a net weight of three kilograms or less’.

Article 3

This Regulation shall enter into force on the 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, 4 January 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).

(2)OJ L 7, 11.1.2003, p. 65.

(3)OJ L 7, 11.1.2003, p. 61.

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 22 December 2004         

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement

(2005/4/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement between the European Community and the Palestinian Authority is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The measures necessary for the implementation of Protocols 1 and 2 shall be adopted in accordance with the procedure referred to in Article 3.

Article 3

1.   The Commission shall be assisted by the committees established by the corresponding provisions of the regulations on the common organisation of markets or by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3.   The Committee shall adopt its Rules of Procedure.

Article 4

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement so as to bind the Community.

Done at Brussels, 22 December 2004.

For the Council

The President

C. VEERMAN            

----

(1)OJ L 187, 16.7.1997, p. 3.

(2)OJ L 184, 17.7.1999, p. 23.

(3)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 60/2004 (OJ L 9, 15.1.2004, p. 8).

----

            AGREEMENT         

in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement

A.   Letter from the Community

Sir,

I have the honour to refer to the negotiations which took place under Article 12 of the Euro-Mediterranean Interim Association Agreement between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter the Palestinian Authority), of the other part (hereinafter the Interim Association Agreement), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.

These negotiations were held in accordance with the provisions of Article 14, which stipulates that, from 1 January 1999, the Community and the Palestinian Authority shall examine the situation in order to determine the measures to be applied by the Community and the Palestinian Authority from 1 January 2000 in accordance with the objective set out in said Article 12.

On the conclusion of the negotiations, the two Parties agreed to the following:

The provisions of this Agreement in the form of an Exchange of Letters shall apply from 1 January 2005.

I would be grateful if you could inform me of the agreement of your Government to the above.

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

On behalf of the Council of the European Union

B.   Letter from the Palestinian Authority

Sir,

I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:

                  ‘I have the honour to refer to the negotiations which took place under Article 12 of the Euro-Mediterranean Interim Association Agreement between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter the Palestinian Authority), of the other part (hereinafter the Interim Association Agreement), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.

These negotiations were held in accordance with the provisions of Article 14, which stipulates that, from 1 January 1999, the Community and the Palestinian Authority shall examine the situation in order to determine the measures to be applied by the Community and the Palestinian Authority from 1 January 2000 in accordance with the objective set out in said Article 12.

On the conclusion of the negotiations, the two Parties agreed to the following:

The provisions of this Agreement in the form of an Exchange of Letters shall apply from 1 January 2005.

I would be grateful if you could inform me of the agreement of your Government to the above.’               

I have the honour to inform you of the agreement of the Palestinian Authority to the contents of this letter.

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

For the Palestinian Authority

ANNEX I

PROTOCOL 1

concerning the arrangements applicable to imports into the Community of agricultural products originating in the West Bank and the Gaza Strip

ANNEX TO PROTOCOL 1

----

(1)  CN codes corresponding to Regulation (EC) No 1789/2003 (OJ L 281, 30.10.2003, p. 1).

(2)  Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(3)  Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10, the duty reduction applies to the specific duty.

ANNEX II

PROTOCOL 2

concerning the arrangements applicable to imports into the West Bank and the Gaza Strip of agricultural products originating in the Community

ANNEX TO PROTOCOL 2

----

Commission

----

            COMMISSION DECISION         

of 27 December 2004         

setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009

(notified under document number C(2004) 5264)

(Text with EEA relevance)

(2005/5/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 20(3)(4) and (5) thereof,

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (2), and in particular Article 20(3)(4) and (5) thereof,

Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (3), and in particular Article 16(3)(4) and (5) thereof,

Having regard to Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (4), and in particular Article 20(4)(5) and (6) thereof,

Having regard to Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (5), and in particular Article 26(3)(4) and (5) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (6), and in particular Article 43(3)(4) and (5) thereof,

Having regard to Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (7), and in particular Article 20(3)(4) and (5) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (8), and in particular Article 23(3)(4) and (5) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Community comparative trials and tests shall be carried out in the years 2005 to 2009 on seeds and propagating material of the plants listed in the Annex.

The eligible costs as well as the maximum Community financial contribution for the trials and tests for 2005 shall be as set out in the Annex.

The details of the trials and tests are set out in the Annex.

Article 2

In so far as propagating and planting material of the plants listed in the Annex is usually reproduced or marketed in their territories, the Member States shall take samples of this material and make them available to the Commission.

Article 3

Subject to budgetary availability, the Commission may decide to continue the trials and tests set out in the Annex in 2006 to 2009.

The maximum Community financial contribution corresponding to 80 % of the eligible costs of a trial or test continued on this basis shall not exceed the amount specified in the Annex.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 27 December 2004.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Commission Directive 2004/55/EC (OJ L 114, 21.4.2004, p. 18).

(2)OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(3)OJ L 93, 17.4.1968, p. 15. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

(4)OJ L 157, 10.6.1992, p. 1. Directive as last amended by Directive 2003/61/EC.

(5)OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive 2003/61/EC.

(6)OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EC) No 1829/2003.

(7)OJ L 193, 20.7.2002, p. 60. Directive as last amended by Directive 2003/61/EC.

(8)OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2003/61/EC.

(9)  http://europa.eu.int/comm/food/plant/call2004/index_en.htm.

----

ANNEX

Trials and tests to be carried out in 2005

Trials and tests to be carried out in 2006

Trials and tests to be carried out in 2007

Trials and tests to be carried out in 2008

Trials and tests to be carried out in 2009

----

(*1)  Trial and tests lasting more than one year.

(*2)  Trial and tests lasting more than one year.

(*3)  Trial and tests lasting more than one year.

(*4)  Trial and tests lasting more than one year.

(*5)  Trial and tests lasting more than one year.

----

----

            COMMISSION DECISION         

of 27 December 2004         

setting out the arrangements for Community comparative trials and tests on propagating and planting material of Fragaria x ananassa Duch. under Council Directive 92/34/EEC for the year 2005

(notified under document number C(2004) 5290)

(2005/6/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production (1), and in particular Article 20(4), (5) and (6) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Community comparative trials and tests shall be carried out in 2005 on propagating and planting material of Fragaria x ananassa Duch.

The eligible costs as well as the maximum Community financial contribution for the trials and tests for 2005 shall be as set out in the Annex.

The details of the trials and tests are set out in the Annex.

Article 2

In so far as propagating and planting material of the plants of Fragaria x ananassa Duch. is usually reproduced or marketed in their territories, the Member States shall take samples of this material and make it available to the Commission.

The Member States shall cooperate for technical aspects such as the sampling and inspections related to carrying out tests and trials.

Article 3

The maximum Community financial contribution corresponding to 80 % of the eligible costs of a trial or test continued on this basis shall not exceed the amount specified in the Annex.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 27 December 2004.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Directive 2003/111/EC (OJ L 311, 27.11.2003, p. 12).

(2)  http://europa.eu.int/comm/food/plant/call2004/index_en.htm.

----

ANNEX

Trials and tests to be carried out in 2005

----

----

            COMMISSION DECISION         

of 27 December 2004         

authorising a method for grading pig carcases in Cyprus

(notified under document number C(2004) 5296)

(Only the Greek text is authentic)

(2005/7/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), and in particular Article 5(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The use of the following method is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Cyprus:

Article 2

Notwithstanding the standard presentation referred to in Article 2 of Regulation (EEC) No 3220/84, pig carcases may be presented in Cyprus with the tongue and kidneys attached before being weighted and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be reduced by 0,8 kg.

Article 3

Modifications of the apparatus or the assessment method shall not be authorised.

Article 4

This Decision is addressed to the Republic of Cyprus.

Done at Brussels, 27 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 301, 20.11.1984, p. 1. Regulation as last amended by Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).

(2)OJ L 285, 25.10.1985, p. 39. Regulation amended by Regulation (EC) No 3127/94 (OJ L 330, 21.12.1994, p. 43).

----

ANNEX

Methods for grading pig carcases in Cyprus

Hennessy Grading Probe (HGP 4)

----