----

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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 207/2005

of 7 February 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 8 February 2005.

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

Done at Brussels, 7 February 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).

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ANNEX

to Commission Regulation of 7 February 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’.

----

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            COMMISSION REGULATION (EC) No 208/2005

of 4 February 2005         

amending Regulation (EC) No 466/2001 as regards polycyclic aromatic hydrocarbons

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,

After consulting the Scientific Committee on Food,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 466/2001 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 April 2005.

This regulation shall not apply to products placed on the market before 1 April 2005 in conformity with the provisions applicable. The burden of proving when the products were placed on the market shall be borne by the food business operator.

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

Done at Brussels, 4 February 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 37, 13.2.1993, p. 1. Regulation as 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 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 684/2004 (OJ L 106, 15.4.2004, p. 6).

(3)OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 2003/14/EC (OJ L 41, 14.2.2003, p. 37).

(4)OJ L 49, 28.2.1996, p. 17. Directive as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).

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ANNEX

In Annex I to Regulation (EC) No 466/2001 the following Section 7 is added:

‘Section 7: Polycyclic aromatic hydrocarbons (PAH)

----

(*1)  See page 15 of this Official Journal.

(1)  Benzo(a)pyrene, for which maximum levels are listed, is used as a marker for the occurrence and effect of carcinogenic PAH. These measures therefore provide full harmonisation on PAH in the listed foods across the Member States. The Commission shall review the maximum levels for PAH in the listed food categories by 1 April 2007, taking into account the progress in scientific and technological knowledge on the occurrence of benzo(a)pyrene and other carcinogenic PAH in food.

(2)  Cocoa butter is excluded from this category whilst investigations into the presence of benzo(a)pyrene in cocoa butter are made. This derogation will be reviewed by 1 April 2007.

(3)  Baby foods and processed cereal-based foods for infants and young children as defined in Article 1 of Directive 96/5/EC. The maximum level refers to the product as sold.

(4)  Infant formulae and follow-on formulae as defined in Article 1 of Directive 91/321/EEC. The maximum level refers to the product as sold.

(5)  Dietary foods for special medical purposes as defined in Article 1(2) of Directive 1999/21/EC. The maximum level refers to the product as sold.

(6)  Fish and fishery products as defined in the categories (b), (c), and (f) of the list in Article 1 of Regulation (EC) No 104/2000.

(7)  Fish as defined in the category (a) of the list in Article 1 of Regulation (EC) No 104/2000.

----

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            COMMISSION REGULATION (EC) No 209/2005

of 7 February 2005         

establishing the list of textile products for which no proof of origin is required on release for free circulation in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1541/98 of 13 July 1998 on proof of origin for certain textile products falling within Section XI of the Combined Nomenclature and released for free circulation in the Community, and on the conditions for the acceptance of such proof (1), and in particular Article 4 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The release for free circulation of the textile products listed in the Annex to this Regulation shall not be subject to the presentation of any proof of origin.

Article 2

The Regulation (EC) No 2579/98 is repealed.

Article 3

This Regulation shall enter into force seven days 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, 7 February 2005.

For the Commission

László KOVÁCS            

Member of the Commission

----

(1)OJ L 202, 18.7.1998, p. 11.

(2)OJ L 322, 1.12.1998, p. 27.

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ANNEX

LIST OF TEXTILE PRODUCTS

----

----

            COMMISSION DIRECTIVE 2005/10/EC

of 4 February 2005         

laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a)pyrene in foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (1), and in particular Article 1 thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of benzo(a)pyrene in foodstuffs is carried out in accordance with the methods described in the Annex I to this Directive.

Article 2

The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of benzo(a)pyrene in foodstuffs comply with the criteria described in the Annex II to this Directive.

Article 3

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 12 months following its publication. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

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

This Directive is addressed to the Member States.

Done at Brussels, 4 February 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 372, 31.12.1985, p. 50. Directive as 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 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 208/2005 (See page 3 of this Official Journal).

(3)OJ L 290, 24.11.1993, p. 14. Directive as amended by Regulation (EC) No 1882/2003.

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ANNEX I

METHODS OF SAMPLING FOR OFFICIAL CONTROL OF THE LEVELS OF BENZO(A)PYRENE IN FOODSTUFFS

1.   Purpose and Scope

Samples intended for official checking of the levels of benzo(a)pyrene in foodstuffs shall be taken according to the methods described below. Aggregate samples thus obtained shall be considered as representative of the lots. Compliance with maximum levels laid down in Regulation (EC) No 466/2001 shall be established on the basis of the levels determined in the laboratory samples.

2.   Definitions

               ‘Lot’: an identifiable quantity of a food commodity delivered at one time and having been determined by the official to have common characteristics, such as origin, variety, type of packing, packer, consignor or markings.

               ‘Sublot’: designated part of a lot in order to apply the sampling method on that designated part; each sublot must be physically separate and identifiable.

               ‘Incremental sample’: a quantity of material taken from a single place in the lot or sublot.

               ‘Aggregate sample’: the combined total of all the incremental samples taken from the lot or sublot.

               ‘Laboratory sample’: sample intended for the laboratory.

3.   General provisions

3.1.   Personnel

Sampling shall be performed by an authorised person as specified by the Member States.

3.2.   Material to be sampled

Each lot which is to be examined must be sampled separately.

3.3.   Precautions to be taken

In the course of sampling and preparation of the samples precautions must be taken to avoid any changes, which would affect the benzo(a)pyrene content, adversely affect the analytical determination or make the aggregate samples unrepresentative.

3.4.   Incremental samples

As far as possible incremental samples should be taken at various places distributed throughout the lot or sublot. Departure from this procedure must be recorded in the record.

3.5.   Preparation of the aggregate sample

The aggregate sample is made up by uniting all incremental samples. This aggregate sample is homogenised in the laboratory unless this is incompatible with implementation of point 3.6.

3.6.   Replicate laboratory samples

Replicate laboratory samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised aggregate sample unless this conflicts with Member States’ rules on sampling.

3.7.   Packaging and transmission of samples

Each sample shall be placed in a clean, inert container offering adequate protection from contamination and against damage in transit. All necessary precautions shall be taken to avoid any change in composition of the sample, which might arise during transportation or storage.

3.8.   Sealing and labelling of samples

Each sample taken for official use shall be sealed at the place of sampling and identified following the Member State’s rules.

A record must be kept of each sampling, permitting each lot to be identified unambiguously and giving the date and place of sampling together with any additional information likely to be of assistance to the analyst.

4.   Sampling plans

The sampling method applied shall ensure that the aggregate sample is representative for the lot that is to be controlled.

4.1.   Number of incremental samples

In the case of oils, for which a homogeneous distribution of benzo(a)pyrene can be assumed within a given lot, it is sufficient to take three incremental samples per lot to form the aggregate sample. Reference to the lot number shall be given. For olive oil and olive pomace oil further information on sampling is given in Commission Regulation (EC) No 1989/2003 (1).

For other products, the minimum number of incremental samples to be taken from the lot shall be as given in Table 1. The incremental samples shall be of similar weight, no less than 100g each, resulting in an aggregate sample of no less than 300g (see point 3.5).

TABLE 1

Minimum number of incremental samples to be taken from the lot

If the lot consists of individual packages, then the number of packages which shall be taken to form the aggregate sample is given in Table 2.

TABLE 2

Number of packages (incremental samples) which shall be taken to form the aggregate sample if the lot consists of individual packages

4.2.   Sampling at retail stage

Sampling of foodstuffs at the retail stage should be done where possible in accordance with the above sampling provisions. Where this is not possible, other effective sampling procedures at retail stage can be used provided that they ensure sufficient representativeness for the sampled lot.

5.   Compliance of the lot or sublot with the specification

The control laboratory shall analyse the laboratory sample for enforcement in duplicate analyses in cases where the obtained result of the first analysis is less than 20 % below or above the maximum level, and in these cases shall calculate the mean of the results.

The lot is accepted if the result of the first analysis or, where duplicate analysis is necessary, if the mean does not exceed the respective maximum level (as laid down in Regulation (EC) No 466/2001) taking into account the measurement uncertainty and correction for recovery.

The lot is non-compliant with the maximum level (as laid down in Regulation (EC) 466/2001) if the result of the first analysis or, where duplicate analysis is necessary, if the mean exceeds the maximum level beyond reasonable doubt taking into account the measurement uncertainty and correction for recovery.

----

(1)OJ L 295, 13.11.2003, p. 57.

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ANNEX II

SAMPLE PREPARATION AND CRITERIA FOR METHODS OF ANALYSIS USED IN OFFICIAL CHECKING OF THE LEVELS OF BENZO(A)PYRENE IN FOODSTUFFS

1.   Precautions and general considerations for benzo(a)pyrene in food samples

The basic requirement is to obtain a representative and homogeneous laboratory sample without introducing secondary contamination.

The analyst should ensure that samples do not become contaminated during sample preparation. Containers should be rinsed with high purity acetone or hexane (p.A., HLPC grade or equivalent) before use to minimise the risk of contamination. Wherever possible, apparatus coming into contact with the sample should be made of inert materials e.g. aluminium, glass or polished stainless steel. Plastics such as polypropylene, PTFE etc. should be avoided because the analyte can adsorb onto these materials.

All of the sample material received by the laboratory is to be used for the preparation of test material. Only very finely homogenised samples give reproducible results.

There are many satisfactory specific sample preparation procedures which may be used.

2.   Treatment of the sample as received in the laboratory

Finely grind (where relevant) and mix thoroughly the complete aggregate sample using a process that has been demonstrated to achieve complete homogenisation.

3.   Subdivision of samples for enforcement and defence purposes

The replicate samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised material unless this conflicts with Member States’ rules on sampling.

4.   Method of analysis to be used by the laboratory and laboratory control requirements

4.1.   Definitions

A number of the most commonly used definitions that the laboratory will be required to use are given below:

4.2.   General requirements

Methods of analysis used for food control purposes must comply with points 1 and 2 of the Annex to Council Directive 85/591/EEC.

4.3.   Specific requirements

Where no specific methods for the determination of benzo(a)pyrene in food are prescribed at Community level, laboratories may select any validated method provided the selected method meets the performance criteria indicated in the Table. The validation should ideally include a certified reference material.

TABLE

Performance criteria for methods of analysis for benzo(a)pyrene

4.3.1.   Performance Criteria — Uncertainty Function Approach

However, an uncertainty approach may also be used to assess the suitability of the method of analysis to be used by the laboratory. The laboratory may use a method which will produce results within a maximum standard uncertainty. The maximum standard uncertainty can be calculated using the following formula:

where:

If an analytical method provides results with uncertainty measurements less than the maximum standard uncertainty the method will be equally suitable to one which meets the performance characteristics given in the Table.

4.4.   Recovery calculation and reporting of results

The analytical result is to be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported. The analytical result corrected for recovery is used for checking compliance (see Annex I, point 5).

The analyst should note the ‘European Commission Report on the relationship between analytical results, the measurement of uncertainty, recovery factors and the provisions in EU food legislation’ (2).

The analytical result has to be reported as x +/– U whereby x is the analytical result and U is the measurement uncertainty.

4.5.   Laboratory quality standards

Laboratories must comply with Directive 93/99/EEC.

4.6.   Other considerations for the analysis

Proficiency testing

Participation in appropriate proficiency testing schemes which comply with the ‘International Harmonised Protocol for the Proficiency Testing of (Chemical) Analytical Laboratories’ (3) developed under the auspices of IUPAC/ISO/AOAC.

Internal quality control

Laboratories should be able to demonstrate that they have internal quality control procedures in place. Examples of these are the ‘ISO/AOAC/IUPAC Guidelines on Internal Quality Control in Analytical Chemistry Laboratories’ (4).

REFERENCES

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II Acts whose publication is not obligatory

Commission

----

            COMMISSION DECISION         

of 2 February 2005         

amending Annexes I and II to Decision 2002/308/EC establishing lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)

(notified under document number C(2005) 188)

(Text with EEA relevance)

(2005/107/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), and in particular Articles 5 and 6 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/308/EC is amended as follows:

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 106, 23.4.2002, p. 28. Decision as last amended by Decision 2004/850/EC (OJ L 368, 15.12.2004, p. 28).

(3)OJ L 220, 3.9.2003, p. 8. Decision as last amended by Decision 2004/328/EC (OJ L 104, 8.4.2004, p. 129).

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ANNEX I

                     ‘ANNEX I

ZONES APPROVED WITH REGARD TO THE FISH DISEASES VIRAL HAEMORRHAGIC SEPTICAEMIA (VHS) OR INFECTIOUS HAEMATOPOIETIC NECROSIS (IHN)

1.A.   ZONES (1) IN DENMARK APPROVED WITH REGARD TO VHS

1.B.   ZONES IN DENMARK APPROVED WITH REGARD TO IHN

2.   ZONES IN GERMANY APPROVED WITH REGARD TO VHS AND IHN

2.1.   BADEN WÜRTTEMBERG (3)

3.   ZONES IN SPAIN APPROVED WITH REGARD TO VHS AND IHN

3.1.   REGION: AUTONOMOUS COMMUNITY OF ASTURIAS

Continental zones

Coastal zones

3.2.   REGION: AUTONOMOUS COMMUNITY OF GALICIA

Continental zones

Coastal zones

3.3.   REGION: AUTONOMOUS COMMUNITY OF ARAGÓN

Continental zones

The other watercourses of the Community of Aragón are considered as a buffer zone.

3.4.   REGION: AUTONOMOUS COMMUNITY OF NAVARRA

Continental zones

The other watercourses of the Community of Navarra are considered as a buffer zone.

3.5.   REGION: AUTONOMOUS COMMUNITY OF CASTILLA AND LEÓN

Continental zones

The other watercourses of the Autonomous Community of Castilla and León are considered as a buffer zone.

3.6.   REGION: AUTONOMOUS COMMUNITY OF CANTABRIA

Continental zones

The water catchment areas of the rivers Gandarillas, Escudo, Miera y Campiazo are considered as a buffer zone.

Coastal zones

3.7.   REGION: AUTONOMOUS COMMUNITY OF LA RIOJA

Continental zones

The water catchment area of the River el Rio Ebro from its sources to dam of Mequinenza in the Commune of Aragón.

4.A.   ZONES IN FRANCE APPROVED WITH REGARD TO VHS AND IHN

4.A.1.   ADOUR-GARONNE

Catchment areas

Coastal areas

4.A.2.   LOIRE-BRETAGNE

Continental zones

Coastal areas

4.A.3.   SEINE-NORMANDIE

Continental zones

4.A.4.   REGION AQUITAINE

Catchment areas

4.A.5.   MIDI-PYRENEES

Catchment areas

4.A.6.   L’AIN

4.B.   ZONES IN FRANCE APPROVED WITH REGARD TO VHS

4.B.1.   LOIRE-BRETAGNE

Continental zones

4.C.   ZONES IN FRANCE APPROVED WITH REGARD TO IHN

4.C.1.   LOIRE-BRETAGNE

Continental zones

5.A.   ZONES IN IRELAND APPROVED WITH REGARD TO VHS

5.B.   ZONES IN IRELAND APPROVED WITH REGARD TO IHN

6.A.   ZONES IN ITALY APPROVED WITH REGARD TO VHS AND IHN

6.A.1.   REGION OF TRENTINO ALTO ADIGE, AUTONOMOUS PROVINCE OF TRENTO

Continental zones

6.A.2.   REGION OF LOMBARDIA, PROVINCE OF BRESCIA

Continental zones

6.A.3.   REGION OF UMBRIA

6.A.4.   REGION OF VENETO

Continental zones

6.A.5.   REGION OF TOSCANA

Continental zones

6.A.6.   REGION OF UMBRIA

Continental zones

6.B.   ZONES IN ITALY APPROVED WITH REGARD TO VHS

6.B.1.   REGION OF TRENTINO ALTO ADIGE, AUTONOMOUS PROVINCE OF TRENTO

Continental zones

6.C.   ZONES IN ITALY APPROVED WITH REGARD TO IHN

6.C.1.   REGION OF UMBRIA, PROVINCE OF PERUGIA

6.C.2.   REGION OF TRENTINO ALTO ADIGE, AUTONOMOUS PROVINCE OF TRENTO

7.A.   ZONES IN SWEDEN APPROVED WITH REGARD TO VHS

7.B.   ZONES IN SWEDEN APPROVED WITH REGARD TO IHN

8.   ZONES IN THE UNITED KINGDOM, THE CHANNEL ISLANDS AND THE ISLE OF MAN APPROVED WITH REGARD TO VHS AND IHN

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(1)  The water catchment areas and the coastal areas belonging thereto.

(2)  Including all continental and coastal areas within its territory.

(3)  Parts of water catchment areas.

(4)  Including all continental and coastal areas within its territory.

(5)  Including all continental and coastal areas within its territory.

----

ANNEX II

                     ‘ANNEX II

FISH FARMS APPROVED WITH REGARD TO THE FISH DISEASES VIRAL HAEMORRHAGIC SEPTICAEMIA (VHS) OR INFECTIOUS HAEMATOPOIETIC NECROSIS (IHN)

1.   FISH FARMS IN BELGIUM APPROVED WITH REGARD TO VHS AND IHN

2.   FISH FARMS IN DENMARK APPROVED WITH REGARD TO VHS AND IHN

3.A.   FISH FARMS IN GERMANY APPROVED WITH REGARD TO VHS AND IHN

3.A.1.   LOWER SAXONY

3.A.2.   THURINGIA

3.A.3.   BADEN-WÜRTTEMBERG

3.A.4.   NORTH RHINE-WESTPHALIA

3.A.5.   BAVARIA

3.A.6.   SAXONY

3.A.7.   HESSEN

3.A.8.   SCHLESWIG-HOLSTEIN

3.B.   FISH FARMS IN GERMANY APPROVED WITH REGARDS TO IHN

3.B.1.   THURINGIA

4.   FISH FARMS IN SPAIN APPROVED WITH REGARD TO VHS AND IHN

4.1.   REGION: AUTONOMOUS COMMUNITY OF ARAGON

4.2.   REGION: AUTONOMOUS COMMUNITY OF ANDALUCIA

5.A.   FISH FARMS IN FRANCE APPROVED WITH REGARD TO VHS AND IHN

5.A.1.   ADOUR-GARONNE

5.A.2.   ARTOIS-PICARDIE

5.A.3.   AQUITAINE

5.A.4.   DROME

5.A.5.   HAUTE-NORMANDIE

5.A.6.   LOIRE-BRETAGNE

5.A.7.   RHIN-MEUSE

5.A.8.   RHÔNE-MEDITERRANEE-CORSE

5.A.9.   SEINE-NORMANDIE

5.A.10.   LANGUEDOC-ROUSSILLON

5.A.11.   MIDI-PYRÉNÉES

5.A.12.   ALPES-MARITIMES

5.A.13.   HAUTES-ALPES

5.B.   FISH FARMS IN FRANCE APPROVED WITH REGARD TO VHS

5.B.1.   ARTOIS-PICARDIE

6.A.   FISH FARMS IN ITALY APPROVED WITH REGARD TO VHS AND IHN

6.A.1.   REGION: FRIULI VENEZIA GIULIA

The River Stella basin

The Tagliamento river basin

The Bianco river basin

The Muje river basin

6.A.2.   PROVINCIA: AUTONOMA DI TRENTO

The Noce basin

The Brenta basin

The Adige basin

The Sarca basin

6.A.3.   REGION: UMBRIA

The Nera River Valley

6.A.4.   REGION: VENETO

The Astico basin

The River Lietta basin

The River Bacchiglione basin

The River Brenta basin

The River Tione in Fattolé

The River Tartaro/Tioner basin

The River Celarda

The River Molini

The River Sile

6.A.5.   REGION: VALLE D’AOSTA

The River Dora Baltea basin

6.A.6.   REGION: LOMBARDIA

6.A.7.   REGION: TOSCANA

The River Maresca basin

6.A.8.   REGION: LIGURIA

6.A.9.   REGION: PIEMONTE

6.A.10.   REGION: PIEMONTE

6.A.11.   REGION: EMILIO-ROMAGNA

7.   FISH FARMS IN AUSTRIA APPROVED WITH REGARD TO VHS AND IHN

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            COMMISSION RECOMMENDATION         

of 4 February 2005         

on the further investigation into the levels of polycyclic aromatic hydrocarbons in certain foods

(notified under document number C(2005) 256)

(Text with EEA relevance)

(2005/108/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,

Whereas:

HEREBY RECOMMENDS THAT MEMBER STATES:

Done at Brussels, 4 February 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 208/2005 (see page 3 of this Official Journal).

(2)  New information on PAH other than those highlighted by the Scientific Committee on Food are also welcomed where available if there are public health implications.

----

ANNEX

Polycyclic aromatic hydrocarbons (PAH) highlighted to be carcinogenic by the Scientific Committee on Food (1), for which further investigation of the relative levels in certain foods is required:

----

Acts adopted under Title V of the Treaty on European Union

----

            COUNCIL DECISION 2005/109/CFSP

of 24 January 2005         

concerning the conclusion of the Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

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

Done at Brussels, 24 January 2005.

For the Council

The President

F. BODEN            

----

(1)OJ L 252, 28.7.2004, p. 10.

----

            AGREEMENT         

between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

THE EUROPEAN UNION (EU),

of the one part, and

THE KINGDOM OF MOROCCO

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.   The Kingdom of Morocco shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution of the Kingdom of Morocco to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.

3.   The Kingdom of Morocco shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

4.   Forces and personnel seconded to the operation by the Kingdom of Morocco shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

5.   The Kingdom of Morocco shall inform the EU Operation Commander in due time of any change to its participation in the operation.

Article 2

Status of forces

1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Kingdom of Morocco shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.

2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina shall be governed by arrangements between the headquarters and command elements concerned and the Kingdom of Morocco.

3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Kingdom of Morocco shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.

4.   The Kingdom of Morocco shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Kingdom of Morocco shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.

5.   The Kingdom of Morocco undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.

6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Kingdom of Morocco in the EU military crisis management operation, and to do so when signing this Agreement.

Article 3

Classified information

1.   The Kingdom of Morocco shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.

2.   Where the EU and the Kingdom of Morocco have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.

Article 4

Chain of command

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.

3.   The Kingdom of Morocco shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.

4.   The EU Operation Commander may, following consultations with the Kingdom of Morocco, at any time request the withdrawal of the Kingdom of Morocco’s contribution.

5.   A senior military representative (SMR) shall be appointed by the Kingdom of Morocco to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day to day contingent discipline.

Article 5

Financial aspects

1.   The Kingdom of Morocco shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (5).

2.   In the case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Kingdom of Morocco shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Kingdom of Morocco.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 9

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement shall be provisionally applied from the date of signature.

3.   This Agreement shall remain in force for the duration of the Kingdom of Morocco's contribution to the operation.

Done at Brussels, on  in the English language in four copies.

For the European Union

For the Kingdom of Morocco

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(1)OJ L 252, 28.7.2004, p. 10.

(2)OJ L 324, 27.10.2004, p. 20.

(3)OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

(4)OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

(5)OJ L 63, 28.2.2004, p. 68.

DECLARATIONS

referred to in Article 2(5) and (6) of the Agreement

Declaration by the EU Member States:

               ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Kingdom of Morocco for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

Declaration by the Kingdom of Morocco:

               ‘The Kingdom of Morocco applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

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Corrigenda

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Corrigendum to Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials

(Official Journal of the European Union L 345 of 20 November 2004)

On page 73, Annex XV shall read as follows:

                           ‘ANNEX XV

LIST OF BOVINE BREEDS REFERRED TO IN ARTICLE 99

On page 74, Annex XVI shall read as follows:

                           ‘ANNEX XVI

AVERAGE MILK YIELD REFERRED TO IN ARTICLE 103

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