----

----

I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 2123/2004

of 14 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 15 December 2004.

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

Done at Brussels, 14 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 14 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 2124/2004

of 14 December 2004         

laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in Council Regulation (EC) No 1922/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1922/2004 of 25 October 2004 (1) adopting autonomous and transitional measures to open a Community tariff quota for the import of live bovine animals originating in Switzerland, and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (2), and in particular Article 32 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   A duty-free Community tariff quota is hereby opened on an autonomous and transitional basis for the period from the date of the entry into force of this Regulation to 30 June 2005 for the import of 4 600 heads of any live bovine animal originating in Switzerland weighing more than 160 kg, falling within CN code 0102 90 41, 0102 90 49, 0102 90 51, 0102 90 59, 0102 90 61, 0102 90 69, 0102 90 71 or 0102 90 79.

This tariff quota shall have the order number 09.4203.

2.   The rules of origin applicable to the products referred to in the first paragraph shall be those provided for in Article 4 of the Agreement.

Article 2

1.   To be eligible under the quota provided for in Article 1, applicants must be natural or legal persons and must prove to the satisfaction of the competent authorities of the Member State concerned, at the time they submit their applications, that they have imported at least 50 animals covered by CN codes 0102 10 and 0102 90 during the year 2003. Applicants must be listed in a national VAT register.

2.   Operators in the new Member States may apply for import rights on the basis of the imports referred to in paragraph 1 from countries which for them were third countries in the year 2003.

3.   Proof of import shall be furnished exclusively by means of the customs document of release for free circulation, duly endorsed by the customs authorities and containing a reference to the applicant concerned.

Member States may accept copies of the documents referred to above, duly certified by the competent authority. Where such copies are accepted, notification hereof shall be made in the communication from Member States referred to in Article 3(5) in respect of each applicant concerned.

4.   Operators who at 1 January 2004 have ceased their activities in trade with third countries in the beef and veal sector shall not qualify for any allocation.

5.   A company formed by the merger of companies each having reference imports complying with the minimum quantity referred to in Articles 2(1) and 2(2) may use those reference imports as a basis for its application.

Article 3

1.   Applications for import rights may be presented only in the Member State in which the applicant is registered for VAT purposes.

2.   Applications for import rights:

Where applications exceed this quantity, the excess shall be disregarded.

3.   Applications for import rights shall be lodged before 13.00, Brussels time, on the 10th working day following the date of publication of the present Regulation in the Official Journal of the European Union.

4.   Applicants may lodge no more than one application in respect of the quota referred to in Article 1(1). Where the same applicant lodges more than one application, all applications from that applicant shall be inadmissible.

5.   After verification of the documents presented, Member States shall forward to the Commission, by the 10th working day following the end of the period for the submission of applications at the latest, the list of applicants and their addresses as well as the quantities applied for.

All notifications, including ‘nil’ returns, shall be forwarded by fax or e-mail using the model form in Annex hereto in cases where applications have actually been submitted.

Article 4

1.   Following the notification referred to in Article 3(5), the Commission shall decide as soon as possible to which extent the applications can be met.

2.   If the quantities covered by applications as referred to in Article 3 exceed those available, the Commission shall fix a single percentage reduction to be applied to the quantities applied for.

Where application of the reduction coefficient provided for in the first subparagraph gives a figure of less than 100 head per application, the quantity available shall be awarded by the Member States concerned by drawing lots for import rights covering 100 head each. Where the remainder is less than 100 head, a single import right shall be awarded for that quantity.

Article 5

1.   The security relating to the import rights shall be EUR 3 per head. It must be deposited with the competent authority together with the application for import rights.

2.   Import licence applications must be made for the quantity allocated. This obligation shall constitute a primary requirement within the meaning of Article 20(2) of Regulation (EEC) No 2220/85.

3.   Where application of the reduction coefficient referred to in Article 4 causes less import rights to be allocated than had been applied for, the security lodged shall be released proportionally without delay.

Article 6

1.   The quantities awarded shall be imported subject to presentation of one or more import licences.

2.   Licence applications may be lodged solely in the Member State where the applicant has applied and obtained import rights under the quota.

Each issuing of import licence shall result in a corresponding reduction of the import rights obtained.

3.   Import licences shall be issued on application by and in the name of the operator who has obtained the import rights.

4.   Licence applications and licences shall show the following:

Article 7

1.   Notwithstanding Article 9(1) of Regulation (EC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer rights under the tariff quotas only if made out in the same name and address as the one entered as consignee in the customs declaration of release for free circulation accompanying them.

2.   No import licences shall be valid after 30 June 2005.

3.   The security relating to the import licence shall be EUR 20 per head and shall be lodged by the applicant together with the licence application.

4.   Licences issued shall be valid throughout the Community.

5.   Pursuant to Article 50(1) of Regulation (EC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of acceptance of the customs declaration for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.

6.   Notwithstanding the provisions of Section 4 of Title III of Regulation (EC) No 1291/2000, the security shall not be released until proof has been produced that the titular holder of the licence has been commercially and logistically responsible for the purchase, transport and clearance for free circulation of the animals concerned. Such proof shall at least consist of:

Article 8

Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply, subject to this Regulation.

Article 9

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 all Member States.

Done at Brussels, 14 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 331, 5.11.2004, p. 7.

(2)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(3)OJ L 114, 30.4.2002, p. 132.

(4)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

(5)OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(6)OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

----

ANNEX
Text of image
EC Fax (32-2) 299 85 70E-mail: AGRI-Bovins-Import@cec.eu.intApplication of Regulation (EC) No 2124/2004Order No: 09.4203COMMISSION OF THE EUROPEAN COMMUNITIES — DG AGRI D.2 — BEEF AND VEAL SECTORAPPLICATION FOR IMPORT RIGHTSDate: Quota period:Member State:Number of applicant (1) (2)Applicant(name and address)Quantity(Heads)TotalMember State Fax No:Tel. No:E-mail:(1) Continuous numbering.(2) Indicate with an asterix where application is made in accordance with the second subparagraph of Article 2(3).

----

----

            COMMISSION REGULATION (EC) No 2125/2004

of 14 December 2004         

amending Regulation (EEC) No 890/78 laying down detailed rules for the certification of hops

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1696/71 of 26 July 1971 on the common organisation of the market in hops (1), and in particular Article 2(5) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 890/78 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, 14 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation (EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).

(2)OJ L 117, 29.4.1978, p. 43. Regulation as last amended by Regulation (EC) No 1021/95 (OJ L 103, 6.5.1995, p. 20).

----

ANNEX I

                     ‘ANNEX II a

TEXTS REFERRED TO IN ARTICLE 5a

----

ANNEX II

Point 2 of Annex III to Regulation (EEC) No 890/78 is replaced by the following:

----

----

            COMMISSION REGULATION (EC) No 2126/2004

of 14 December 2004         

setting the export refunds for nuts (shelled almonds, hazelnuts in shell, shelled hazelnuts and walnuts in shell) using system A1

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export refund rates for nuts, the period for lodging licence applications and the quantities permitted are stipulated in the Annex hereto.

2.   Licences for food aid purposes issued as indicated in Article 16 of Commission Regulation (EC) No 1291/2000 (4) shall not be counted against the quantities indicated in the Annex hereto.

3.   Without prejudice to Article 5(6) of Regulation (EC) No 1961/2001, the type A1 licences shall be valid for three months.

Article 2

This Regulation shall enter into force on 8 January 2005.

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

Done at Brussels, 14 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 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 498/2004 (OJ L 80, 18.3.2004, p. 20).

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

(4)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

----

ANNEX

to the Commission Regulation of 14 December 2004 setting the export refunds for nuts (system A1)

Period for lodging licence applications: from 8 January 2005 to 23 June 2005.

----

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

(2)  The series A destination codes are defined in Annex II to Regulation (EEC) No 3846/87. The numerical destination codes are defined in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

----

----

            COMMISSION REGULATION (EC) No 2127/2004

of 14 December 2004         

fixing the A1 and B export refunds for fruit and vegetables (tomatoes, oranges, lemons and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   For system A1, the refund rates, the refund application period and the scheduled quantities for the products concerned are fixed in the Annex hereto.

For system B, the indicative refund rates, the licence application period and the scheduled quantities for the products concerned are fixed in the Annex hereto.

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

Article 2

This Regulation shall enter into force on 8 January 2005.

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

Done at Brussels, 14 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 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 1176/2002 (OJ L 170, 29.6.2002, p. 69).

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

(4)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

----

ANNEX

to the Commission Regulation of 14 December 2004 fixing the export refunds on fruit and vegetables (tomatoes, oranges, lemons and apples)

----

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

(2)  The ‘            A            ’ series destination codes are set out in Annex II to Regulation (EEC) No 3846/87.

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

The other destinations are defined as follows:

----

----

            COMMISSION REGULATION (EC) No 2128/2004

of 14 December 2004         

fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 8(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex A to Regulation (EC) No 1520/2000 and in Article 1(1) of Regulation (EEC) No 2771/75, exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75, are fixed as set out in the Annex to this Regulation.

Article 2

By way of derogation from Article 1 and with effect from 1 October 2004, the rates set out in the Annex shall not be applicable to goods not covered by Annex I to the Treaty when exported to Bulgaria.

Article 3

This Regulation shall enter into force on 15 December 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 886/2004 (OJ L 168, 1.5.2004, p. 14).

(3)OJ L 301, 28.9.2004, p. 1.

----

ANNEX

Rates of the refunds applicable from 15 December 2004 to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty

----

(1)  The destinations are as follows:

----

----

            COMMISSION REGULATION (EC) No 2129/2004

of 14 December 2004         

fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 5(4) thereof,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 5(4) thereof,

Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (3), and in particular Article 3(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.

Article 2

This Regulation shall enter into force on 15 December 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 806/2003.

(3)OJ L 282, 1.11.1975, p. 104. Regulation as last amended by Commission Regulation (EC) No 2916/95 (OJ L 305, 19.12.1995, p. 49).

(4)OJ L 145, 29.6.1995, p. 47. Regulation as last amended by Regulation (EC) No 1814/2004 (OJ L 319, 20.10.2004, p. 7).

----

ANNEX

to the Commission Regulation of 14 December 2004 fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95

                     ‘ANNEX I

----

(1)  Origin of imports:

----

----

            COMMISSION REGULATION (EC) No 2130/2004

of 14 December 2004         

fixing the export refunds on eggs applicable from 15 December 2004         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular the third subparagraph of Article 8(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The codes of products for which, when they are exported, the export refund referred to in Article 8 of Regulation (EEC) No 2771/75 is granted and the amount of that refund shall be as shown in the Annex hereto.

However, in order to qualify for the refund, products falling within the scope of Chapter XI of the Annex to Directive 89/437/EEC must also satisfy the health marking conditions laid down in that Directive.

Article 2

This Regulation shall enter into force on 15 December 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 444/2003 (OJ L 67, 12.3.2003, p. 3).

(3)OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation (EC) No 806/2003.

----

ANNEX

Export refunds on eggs applicable from 15 December 2004

----

----

            COMMISSION REGULATION (EC) No 2131/2004

of 14 December 2004         

fixing the export refunds on poultrymeat applicable from 15 December 2004         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular the third subparagraph of Article 8(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The codes of products for which, when they are exported, the export refund referred to in Article 8 of Regulation (EEC) No 2777/75 is granted and the amount of that refund shall be as shown in the Annex hereto.

However, in order to qualify for the refund, products falling within the scope of Chapter XII of the Annex to Directive 71/118/EEC must also satisfy the health marking conditions laid down in that Directive.

Article 2

This Regulation shall enter into force on 15 December 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(3)OJ L 55, 8.3.1971, p. 23. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

----

ANNEX

Export refunds on poultrymeat applicable from 15 December 2004

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 25 October 2004         

on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis

(2004/849/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, and the related documents consisting of the Final Act, of the Agreement in the form of an Exchange of Letters concerning the Committees that assist the European Commission in the exercise of its executive power, and of the Common Declaration on joint meetings, is hereby approved on behalf of the European Union, subject to conclusion.

The texts of the Agreement and related documents are attached to this Decision (4).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and related documents on behalf of the European Union, subject to conclusion.

Article 3

This Decision shall apply to the fields covered by the provisions listed in Annexes A and B to the Agreement and to their development to the extent that such provisions have a legal base within the Treaty on European Union or to the extent that it has been determined under Decision 1999/436/EC (5) that they have such a base.

Article 4

1.   The provisions of Articles 1 to 4 of Decision 1999/437/EC shall apply, in the same way, to the association of Switzerland with the implementation, application and development of the Schengen acquis, which falls under Title VI of the Treaty on European Union.

2.   Before the delegations representing the members of the Council take part in a decision of the Mixed Committee set up by the Agreement, in accordance with Article 7(4) and (5) and Article 10 thereof, they shall meet within the Council in order to determine whether a common position may be adopted.

Article 5

In accordance with Article 14(2) of the Agreement, Articles 1, 3, 4, 5 and 6 and the first sentence of Article 7(2)(a) thereof shall be applied on a provisional basis, pending its entry into force.

Done at Brussels, 25 October 2004.

For the Council

R. VERDONK            

The President

----

(1)OJ L 176, 10.7.1999, p. 31.

(2)OJ L 131, 1.6.2000, p. 43.

(3)OJ L 64, 7.3.2002, p. 20.

(4)  Council Document 13054/04 is accessible at http://register.consilium.eu.int

(5)OJ L 176, 10.7.1999, p. 17.

----

Commission

----

            COMMISSION DECISION         

of 3 December 2004         

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(2004) 4553)

(Text with EEA relevance)

(2004/850/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, 3 December 2004.

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 2004/373/EC (OJ L 118, 23.4.2004, p. 49).

----

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 ARAGON

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.

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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.   RHONE-MEDITERRANEE-CORSE

5.A.9.   SEINE-NORMANDIE

5.A.10.   LANGUEDOC-ROUSSILLON

5.A.11.   MIDI-PYRENEES

5.A.12.   ALPES-DE-HAUTE-PROVENCE

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

6.A.2.   PROVINCIA: AUTONOMA DI TRENTO

6.A.3.   REGION: UMBRIA

6.A.4.   REGION: VENETO

6.A.5.   REGION: VALLE D'AOSTA

6.A.6.   REGION: LOMBARDIA

6.A.7.   REGION: TOSCANA

6.A.8.   REGION: LIGURIA

6.A.9.   REGION: PIEMONTE

7.   Fish farms in Austria approved with regard to VHS and IHN

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            COMMISSION DECISION         

of 14 December 2004         

amending for the third time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries

(notified under document number C(2004) 4775)

(Text with EEA relevance)

(2004/851/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/122/EC is amended as follows:

Article 2

The Member States shall amend the measures they apply to imports so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 14 December 2004.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

(2)OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(3)OJ L 36, 7.2.2004, p. 59. Decision as last amended by Decision 2004/606/EC (OJ L 273, 21.8.2004, p. 21).

(4)OJ L 44, 17.2.1994, p. 31. Decision as last amended by Decision 2004/118/EC (OJ L 36, 7.2.2004, p. 34).

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Acts adopted under Title V of the Treaty on European Union

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            COUNCIL COMMON POSITION 2004/852/CFSP

of 13 December 2004         

concerning restrictive measures against Côte d'Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

HAS ADOPTED THIS COMMON POSITION:

Article 1

For the purposes of this Common Position, the term ‘technical assistance’ shall mean any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance.

Article 2

1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Côte d'Ivoire by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2.   It shall also be prohibited:

Article 3

1.   Article 2 shall not apply to:

Article 4

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee, who constitute a threat to the peace and national reconciliation process in Côte d'Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire on the basis of relevant information, any other person who incites publicly hatred and violence and any other person determined by the Committee to be in violation of measures imposed by paragraph 7 of UNSCR 1572 (2004).

The relevant persons are listed in the Annex.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall not apply where the Committee determines that travel is justified on the grounds of urgent humanitarian need, including religious obligation, or where the Committee concludes that an exemption would further the objectives of the UNSC Resolutions, for peace and national reconciliation in Côte d'Ivoire and stability in the region.

4.   In cases where pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 5

1.   All funds, other financial assets and economic resources owned or controlled directly or indirectly by the persons designated by the Committee or held by entities owned or controlled directly or indirectly by any persons acting on their behalf or at their direction, as designated by the Committee, shall be frozen.

2.   No funds, financial assets or economic resources shall be made available directly or indirectly to or for the benefit of such persons or entities designated by the Committee.

3.   Exemptions may be made for funds, other financial assets and economic resources which are:

4.   Paragraph 2 shall not apply to the addition to frozen accounts of:

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.

Article 6

The Council shall establish the list contained in the Annex and implement any modifications thereof on the basis of the determination made by the Committee.

Article 7

This Common Position shall take effect on the date of its adoption, with the exception of the measures set out under Articles 4 and 5, which shall apply as of 15 December 2004, unless the Council decides otherwise in the light of the determination by the Security Council on the fulfilment of the conditions set out in paragraph 19 of UNSCR 1572 (2004).

Article 8

This Common Position shall apply until 15 December 2005. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 9

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

Done at Brussels, 13 December 2004.

For the Council

B. R. BOT            

The President

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ANNEX

List of persons referred to in Article 4

(Annex to be completed after designation by the Committee established by paragraph 14 of United Nations Security Council Resolution 1572 (2004).)

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Corrigenda

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Corrigendum to Commission Regulation (EC) No 1982/2004 of 18 November 2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92

(Official Journal of the European Union L 343 of 19 November 2004)

On page 7, Article 19(3):

for:

read:

and Article 20(3):

for:

read:

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