# Official Journal L 82/31 M

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 82 |
| | |
| English edition | Legislation | Volume 4831 March 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 82

English edition

Legislation

Volume 4831 March 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 493/2005 of 16 March 2005 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff | 1 |
| | | Commission Regulation (EC) No 494/2005 of 30 March 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | * | Commission Regulation (EC) No 495/2005 of 30 March 2005 derogating from Regulation (EC) No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the 2004/2005 marketing year | 5 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 493/2005 of 16 March 2005 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

1

Commission Regulation (EC) No 494/2005 of 30 March 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

*

Commission Regulation (EC) No 495/2005 of 30 March 2005 derogating from Regulation (EC) No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the 2004/2005 marketing year

5

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | Council Decision of 16 March 2005 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditor of the Banco de Portugal | 6 |

II   Acts whose publication is not obligatory

Council

*

Council Decision of 16 March 2005 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditor of the Banco de Portugal

6

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 1432/94 of 22 June 1994 laying down detailed rules for the application in the pigmeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products ( OJ L 156, 23.6.1994 ) | 7 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 1432/94 of 22 June 1994 laying down detailed rules for the application in the pigmeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products ( OJ L 156, 23.6.1994 )

7

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

EN

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

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

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I Acts whose publication is obligatory

| 31.3.2005 | EN | Official Journal of the European Union | L 82/1 |
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31.3.2005

EN

Official Journal of the European Union

L 82/1

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COUNCIL REGULATION (EC) No 493/2005

of 16 March 2005

amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | In the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 (1), the CN codes for monitors are 8471 and 8528. |
| --- | --- |

(1)

In the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 (1), the CN codes for monitors are 8471 and 8528.

| (2) | For the classification of monitors outside CN code 8528, certain conditions are to be met. The convergence of information technology, consumer electronics industries and new technologies has created a situation where it is becoming impossible, when classifying monitors, to determine, by reference to simple technical characteristics, the main purpose of a particular monitor. It follows from the case law of the Court of Justice of the European Communities that classification cannot be based on actual use. The correct classification of individual products is to be based on objective and quantifiable data. It is currently not feasible to establish unambiguous criteria meeting this requirement. |
| --- | --- |

(2)

For the classification of monitors outside CN code 8528, certain conditions are to be met. The convergence of information technology, consumer electronics industries and new technologies has created a situation where it is becoming impossible, when classifying monitors, to determine, by reference to simple technical characteristics, the main purpose of a particular monitor. It follows from the case law of the Court of Justice of the European Communities that classification cannot be based on actual use. The correct classification of individual products is to be based on objective and quantifiable data. It is currently not feasible to establish unambiguous criteria meeting this requirement.

| (3) | Trade data indicate that currently monitors using liquid crystal display technology, with a diagonal measurement of the screen of 48,5 cm or less and a screen aspect ratio of 4:3 or 5:4, are mainly used as output units of automatic data-processing machines. However, such monitors are frequently also capable of reproducing video images from a source other than an automatic data-processing machine and therefore do not meet the condition of being solely or principally for use with such machines. Such monitors are therefore not covered by the Agreement on trade in information technology products (2) or by the Communication on its implementation, both of which were approved on behalf of the Community by Council Decision 97/359/EC of 24 March 1997 concerning the elimination of duties on information technology products (3). |
| --- | --- |

(3)

Trade data indicate that currently monitors using liquid crystal display technology, with a diagonal measurement of the screen of 48,5 cm or less and a screen aspect ratio of 4:3 or 5:4, are mainly used as output units of automatic data-processing machines. However, such monitors are frequently also capable of reproducing video images from a source other than an automatic data-processing machine and therefore do not meet the condition of being solely or principally for use with such machines. Such monitors are therefore not covered by the Agreement on trade in information technology products (2) or by the Communication on its implementation, both of which were approved on behalf of the Community by Council Decision 97/359/EC of 24 March 1997 concerning the elimination of duties on information technology products (3).

| (4) | It is in the interest of the Community to suspend totally, for a limited period, the autonomous Common Customs Tariff duties for monitors using liquid crystal display technology, with a diagonal measurement of the screen of 48,5 cm or less and a screen aspect ratio of 4:3 or 5:4 and classifiable under CN code 8528 21 90. This measure should therefore expire by 31 December 2006, unless the Council decides to prolong it. |
| --- | --- |

(4)

It is in the interest of the Community to suspend totally, for a limited period, the autonomous Common Customs Tariff duties for monitors using liquid crystal display technology, with a diagonal measurement of the screen of 48,5 cm or less and a screen aspect ratio of 4:3 or 5:4 and classifiable under CN code 8528 21 90. This measure should therefore expire by 31 December 2006, unless the Council decides to prolong it.

| (5) | Regulation (EEC) No 2658/87 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EEC) No 2658/87 should therefore be amended accordingly.

| (6) | Since the amendment introduced by this Regulation is to be applied from the same date as the Combined Nomenclature for 2005 laid down in Commission Regulation (EC) No 1810/2004 (4), this Regulation should enter into force immediately and apply from 1 January 2005, |
| --- | --- |

(6)

Since the amendment introduced by this Regulation is to be applied from the same date as the Combined Nomenclature for 2005 laid down in Commission Regulation (EC) No 1810/2004 (4), this Regulation should enter into force immediately and apply from 1 January 2005,

HAS ADOPTED THIS REGULATION:

Article 1

The text in column 3 for CN code 8528 21 90 in Chapter 85, Section XVI of Part Two, Schedule of Customs Duties, of Annex I to Regulation (EEC) No 2658/87 shall be replaced by the following:

‘14 (*1)
  ’

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 16 March 2005.

For the Council

The President

J. ASSELBORN

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(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1989/2004 (OJ L 344, 20.11.2004, p. 5).

1

(2)  
  OJ L 155, 12.6.1997, p. 3.

2

(3)  
  OJ L 155, 12.6.1997, p. 1.

3

(4)  
  OJ L 327, 30.10.2004, p. 1.

4

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| 31.3.2005 | EN | Official Journal of the European Union | L 82/3 |
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31.3.2005

EN

Official Journal of the European Union

L 82/3

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COMMISSION REGULATION (EC) No 494/2005

of 30 March 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 March 2005.

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

Done at Brussels, 30 March 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

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

1

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ANNEX

to Commission Regulation of 30 March 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 116,7 |
| 204 | 62,3 |
| 212 | 131,6 |
| 624 | 129,4 |
| 999 | 110,0 |
| 0707 00 05 | 052 | 144,6 |
| 066 | 73,3 |
| 068 | 87,2 |
| 096 | 39,9 |
| 204 | 90,9 |
| 220 | 122,9 |
| 999 | 93,1 |
| 0709 10 00 | 220 | 122,2 |
| 999 | 122,2 |
| 0709 90 70 | 052 | 128,3 |
| 204 | 50,7 |
| 999 | 89,5 |
| 0805 10 20 | 052 | 38,8 |
| 204 | 48,1 |
| 212 | 51,4 |
| 220 | 49,1 |
| 400 | 53,9 |
| 512 | 118,1 |
| 624 | 56,9 |
| 999 | 59,5 |
| 0805 50 10 | 052 | 60,0 |
| 400 | 81,0 |
| 624 | 64,3 |
| 999 | 68,4 |
| 0808 10 80 | 388 | 83,6 |
| 400 | 116,6 |
| 404 | 106,2 |
| 508 | 71,8 |
| 512 | 77,2 |
| 524 | 63,0 |
| 528 | 70,6 |
| 720 | 77,8 |
| 999 | 83,4 |
| 0808 20 50 | 388 | 66,6 |
| 508 | 129,9 |
| 512 | 68,3 |
| 528 | 56,1 |
| 999 | 80,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

116,7

204

62,3

212

131,6

624

129,4

999

110,0

0707 00 05

052

144,6

066

73,3

068

87,2

096

39,9

204

90,9

220

122,9

999

93,1

0709 10 00

220

122,2

999

122,2

0709 90 70

052

128,3

204

50,7

999

89,5

0805 10 20

052

38,8

204

48,1

212

51,4

220

49,1

400

53,9

512

118,1

624

56,9

999

59,5

0805 50 10

052

60,0

400

81,0

624

64,3

999

68,4

0808 10 80

388

83,6

400

116,6

404

106,2

508

71,8

512

77,2

524

63,0

528

70,6

720

77,8

999

83,4

0808 20 50

388

66,6

508

129,9

512

68,3

528

56,1

999

80,2

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(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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| 31.3.2005 | EN | Official Journal of the European Union | L 82/5 |
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31.3.2005

EN

Official Journal of the European Union

L 82/5

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COMMISSION REGULATION (EC) No 495/2005

of 30 March 2005

derogating from Regulation (EC) No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the 2004/2005 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

| (1) | Under Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (2), should an offer be admissible, operators are be informed as soon as possible of the delivery schedule. To this end, under Article 4(3) of that Regulation the final delivery to the intervention centre for which the offer is made must take place not later than the end of the fourth month following the month during which the offer was received. |
| --- | --- |

(1)

Under Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (2), should an offer be admissible, operators are be informed as soon as possible of the delivery schedule. To this end, under Article 4(3) of that Regulation the final delivery to the intervention centre for which the offer is made must take place not later than the end of the fourth month following the month during which the offer was received.

| (2) | The 2004/2005 marketing year is the first year of application of the intervention mechanism for cereals in the Member States which joined the European Community on 1 May 2004. |
| --- | --- |

(2)

The 2004/2005 marketing year is the first year of application of the intervention mechanism for cereals in the Member States which joined the European Community on 1 May 2004.

| (3) | Good weather conditions led to a bumper harvest in 2004 in the new Member States, resulting in domestic market prices well below the intervention price. As a result, since the intervention period was opened in November 2004, relatively large quantities of cereals have been offered for intervention. Due to the large quantities offered for intervention and their geographical spread, it is not possible to comply with the delivery deadline of 31 March 2005. To allow sufficient quantities of cereals offered to be taken over, the delivery period should be extended, and a derogation should therefore be made from Regulation (EC) No 824/2000. |
| --- | --- |

(3)

Good weather conditions led to a bumper harvest in 2004 in the new Member States, resulting in domestic market prices well below the intervention price. As a result, since the intervention period was opened in November 2004, relatively large quantities of cereals have been offered for intervention. Due to the large quantities offered for intervention and their geographical spread, it is not possible to comply with the delivery deadline of 31 March 2005. To allow sufficient quantities of cereals offered to be taken over, the delivery period should be extended, and a derogation should therefore be made from Regulation (EC) No 824/2000.

| (4) | Given the urgency of the market situation, which requires immediate measures, provision should be made for the immediate application of the measures provided for in this Regulation. |
| --- | --- |

(4)

Given the urgency of the market situation, which requires immediate measures, provision should be made for the immediate application of the measures provided for in this Regulation.

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding the third subparagraph of Article 4(3) of Regulation (EC) No 824/2000, in the 2004/2005 marketing year the last delivery of cereals offered for intervention in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia must take place not later than the end of the sixth month following the month during which the offer was received, and in any event not later than 31 July 2005.

Article 2

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

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

Done at Brussels, 30 March 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

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II Acts whose publication is not obligatory

Council

| 31.3.2005 | EN | Official Journal of the European Union | L 82/6 |
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31.3.2005

EN

Official Journal of the European Union

L 82/6

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COUNCIL DECISION

of 16 March 2005

amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditor of the Banco de Portugal

(2005/266/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,

Having regard to Recommendation ECB/2005/3 of the European Central Bank (hereinafter referred to as ‘ECB’) of 11 February 2005 to the Council of the European Union on the external auditors of the Banco de Portugal (1),

Whereas:

| (1) | The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

| (2) | According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively by revisores oficiais de contas (certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor. |
| --- | --- |

(2)

According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively by revisores oficiais de contas (certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor.

| (3) | The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate. |
| --- | --- |

(3)

The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate.

| (4) | It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (2) accordingly, |
| --- | --- |

(4)

It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (2) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(10) of Decision 1999/70/EC shall be replaced by the following:

‘10.   PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. is hereby approved as external auditor of the Banco de Portugal as from the financial year 2004 for a renewable period of one year.’

Article 2

This Decision shall be notified to the ECB.

Article 3

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

Done at Brussels, 16 March 2005.

For the Council

The President

J. ASSELBORN

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(1)  
  OJ C 50, 26.2.2005, p. 6.

1

(2)  
  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2004/651/EC (OJ L 298, 23.9.2004, p. 23).

2

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Corrigenda

| 31.3.2005 | EN | Official Journal of the European Union | L 82/7 |
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31.3.2005

EN

Official Journal of the European Union

L 82/7

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Corrigendum to Commission Regulation (EC) No 1432/94 of 22 June 1994 laying down detailed rules for the application in the pigmeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products

(
  Official Journal of the European Communities L 156 of 23 June 1994
  )

On page 14, the following second paragraph is added to Article 1:

‘The quantity of products which benefit from that regime and the level of customs duty are set out in Annex I.’;

on page 15, in the third subparagraph of Article 4(4):

for:

‘The corresponding security shall be released immediately.’,

read:

‘The Member States shall inform the Commission within five days following the withdrawal of the application for certificates and the corresponding security shall be released immediately.’

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