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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 608/2005

of 20 April 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 21 April 2005.

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

Done at Brussels, 20 April 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).

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ANNEX

to Commission Regulation of 20 April 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

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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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            COMMISSION REGULATION (EC) No 609/2005

of 19 April 2005         

establishing unit values for the determination of the customs value of certain perishable goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.

Article 2

This Regulation shall enter into force on 22 April 2005.

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

Done at Brussels, 19 April 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

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(1)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

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

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ANNEX

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            COMMISSION REGULATION (EC) No 610/2005

of 20 April 2005         

amending Regulation (EC) No 462/2005 opening a standing invitation to tender for the export of barley held by the German intervention agency

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:

HAS ADOPTED THIS REGULATION:

Article 1

Article 5(4) of Regulation (EC) No 462/2005 is hereby replaced by the following:

‘4.   Tenders must be lodged with the German intervention agency:

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 apply from 9.00 (Brussels time) on 28 April 2005.

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

Done at Brussels, 20 April 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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

(2)OJ L 75, 22.3.2005, p. 27.

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            COMMISSION REGULATION (EC) No 611/2005

of 20 April 2005         

amending Regulation (EC) No 823/2000 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)

(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 479/92 of 25 February 1992 on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (1), and in particular Article 1 thereof,

Having published a draft of this Regulation (2),

After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 823/2000 is amended as follows:

Article 2

This Regulation shall enter into force on 26 April 2005.

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

Done at Brussels, 20 April 2005.

For the Commission

Neelie KROES            

Member of the Commission

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(1)OJ L 55, 29.2.1992, p. 3. Regulation as last amended by Regulation (EC) No 1/2003 (OJ L 1, 4.1.2003, p. 1).

(2)OJ C 319, 23.12.2004, p. 2.

(3)OJ L 100, 20.4.2000, p. 24. Regulation as last amended by Regulation (EC) No 463/2004 (OJ L 77, 13.3.2004, p. 23).

(4)OJ L 378, 31.12.1986, p. 4. Regulation as last amended by Regulation (EC) No 1/2003.

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            COMMISSION REGULATION (EC) No 612/2005

of 20 April 2005         

fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 April 2005.

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

Done at Brussels, 20 April 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

(2)OJ L 78, 31.3.1972, p. 1. Regulation as last amended by Regulation (EEC) No 2962/77 (OJ L 348, 30.12.1977, p. 53).

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ANNEX

to the Commission Regulation of 20 April 2005 fixing the export refunds on olive oil

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 18 April 2005         

on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products

(notified under document number C(2005) 1257)

(Text with EEA relevance)

(2005/317/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision applies to the following products originating from the United States of America:

Article 2

Conditions for first placing on the market

1.   Member States shall allow the first placing on the market of the products referred to in Article 1 only where an original analytical report based on a suitable and validated method for the event-specific detection of genetically modified maize Br10 and issued by an accredited laboratory accompanying the consignment demonstrates that the product does not contain Bt10 maize or feed produced from Bt10 maize.

If a consignment of products referred to in Article 1 is split, a certified copy of the analytical report provided for in paragraph 1 shall accompany each part of the split consignment.

2.   In the absence of such an analytical report, the operator established in the Community who is responsible for the first placing on the market of the product shall have the products referred to in Article 1 tested to demonstrate that they do not contain Bt10 maize or feed produced from Bt10 maize. Pending availability of the analytical report, the consignment shall not be placed on the market of the Community.

3.   Member States shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.

Article 3

Other control measures

Member States shall take appropriate measures, including random sampling and analysis, concerning the products referred to in Article 1 already on the market in order to verify the absence of Bt10 maize or feed produced from Bt10 maize. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.

Article 4

Contaminated consignments

Member States shall take the necessary measures to ensure that the products referred to in Article 1 that are found to contain Bt10 maize or feed produced from Bt10 maize are not placed on the market.

Article 5

Recovery of costs

Member States shall ensure that the costs incurred in the implementation of Articles 2 and 4 are borne by the operators responsible for the first placing on the market.

Article 6

Review of the measure

This Decision shall be reviewed by 31 October 2005 at the latest.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 18 April 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(2)OJ L 268, 18.10.2003, p. 1.

(3)  Statement of the European Food Safety Authority issued on 12 April 2005.

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            DECISION No 2/2005 OF THE EC-SWITZERLAND JOINT COMMITTEE         

of 17 March 2005         

amending Protocol No 3 of the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(2005/318/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation, signed in Brussels on 22 July 1972 (hereinafter referred to as the Agreement),

Having regard to Protocol No 3 concerning the definition of the concept of originating products and methods of administrative cooperation (hereinafter referred to as Protocol No 3), and in particular Article 38 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Section I

Technical amendments to the text of the Protocol

Article 1

Rules of origin

Protocol No 3 is hereby amended as follows:

Section II

Transitional provisions

Article 2

Proof of origin and administrative cooperation

1.   Proofs of origin properly issued by either Switzerland or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries, provided that:

Where goods were declared for importation in either Switzerland or a new Member State, prior to the date of accession, under preferential agreements or autonomous arrangements applied between Switzerland and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted provided that it is submitted to the customs authorities within the period of four months from the date of accession.

2.   Switzerland and the new Member States are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided that:

These authorisations shall be replaced no later than one year after the date of accession, by new authorisations issued under the conditions of the Agreement.

3.   Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 shall be accepted by the competent customs authorities of either Switzerland or the Member States for a period of three years after the issue of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

Article 3

Goods in transit

1.   The provisions of the Agreement may be applied to goods exported from either Switzerland to one of the new Member States or from one of the new Member States to Switzerland, which comply with the provisions of Protocol No 3 and that on the date of accession are either in transit or in temporary storage, in a customs warehouse or in a free zone in Switzerland or in that new Member State.

2.   Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country.

Article 4

This decision shall enter into force on the day of its adoption.

It shall apply from 1 May 2004.

Done at Brussels, 17 March 2005.

For the Joint Committee

The Chairman

Richard WRIGHT            

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