# Official Journal L 1/4 Ja

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 1 |
| | |
| English edition | Legislation | Volume 484 January 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 1

English edition

Legislation

Volume 484 January 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 2/2005 of 3 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 3/2005 of 3 January 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip | 3 |
| | | Commission Regulation (EC) No 4/2005 of 3 January 2005 amending the import duties in the cereals sector applicable from 4 January 2005 | 5 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 2/2005 of 3 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 3/2005 of 3 January 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

3

Commission Regulation (EC) No 4/2005 of 3 January 2005 amending the import duties in the cereals sector applicable from 4 January 2005

5

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2005/1/EC:Commission Decision of 27 December 2004 authorising methods for grading pig carcases in the Czech Republic
  (notified by number C(2004) 2566) | 8 |
| | * | 2005/2/EC:Commission Decision of 27 December 2004 setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants of certain species under Council Directive 98/56/EC for the years 2005 and 2006
  (notified under document number C(2004) 5288) | 12 |
| | * | 2005/3/EC:Commission Decision of 3 January 2005 accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not | 15 |

II   Acts whose publication is not obligatory

Commission

*

2005/1/EC:Commission Decision of 27 December 2004 authorising methods for grading pig carcases in the Czech Republic
  (notified by number C(2004) 2566)

(notified by number C(2004) 2566)

8

*

2005/2/EC:Commission Decision of 27 December 2004 setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants of certain species under Council Directive 98/56/EC for the years 2005 and 2006
  (notified under document number C(2004) 5288)

(notified under document number C(2004) 5288)

12

*

2005/3/EC:Commission Decision of 3 January 2005 accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not

15

| 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.

---

I Acts whose publication is obligatory

| 4.1.2005 | EN | Official Journal of the European Union | L 1/1 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/1

---

COMMISSION REGULATION (EC) No 2/2005

of 3 January 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (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 4 January 2005.

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

Done at Brussels, 3 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 3 January 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 | 75,5 |
| 204 | 45,0 |
| 999 | 60,3 |
| 0709 90 70 | 204 | 72,0 |
| 999 | 72,0 |
| 0805 10 10 , 0805 10 30 , 0805 10 50 | 052 | 52,3 |
| 220 | 39,7 |
| 448 | 28,9 |
| 999 | 40,3 |
| 0805 20 10 | 204 | 73,0 |
| 999 | 73,0 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 74,9 |
| 204 | 47,8 |
| 400 | 78,0 |
| 624 | 96,4 |
| 999 | 74,3 |
| 0805 50 10 | 052 | 46,9 |
| 528 | 45,1 |
| 999 | 46,0 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 400 | 66,1 |
| 720 | 51,3 |
| 999 | 58,7 |
| 0808 20 50 | 400 | 82,4 |
| 999 | 82,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

75,5

204

45,0

999

60,3

0709 90 70

204

72,0

999

72,0

0805 10 10 , 0805 10 30 , 0805 10 50

052

52,3

220

39,7

448

28,9

999

40,3

0805 20 10

204

73,0

999

73,0

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

052

74,9

204

47,8

400

78,0

624

96,4

999

74,3

0805 50 10

052

46,9

528

45,1

999

46,0

0808 10 20 , 0808 10 50 , 0808 10 90

400

66,1

720

51,3

999

58,7

0808 20 50

400

82,4

999

82,4

---

(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’.

---

| 4.1.2005 | EN | Official Journal of the European Union | L 1/3 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/3

---

COMMISSION REGULATION (EC) No 3/2005

of 3 January 2005

fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 4 January 2005.

It shall apply from 5 to 18 January 2005.

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

Done at Brussels, 3 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 5.7.1997, p. 1).

1

(2)  
  OJ L 72, 18.3.1988, p. 16. Regulation as last amended by Regulation (EC) No 2062/97 (OJ L 289, 22.10.1997, p. 1).

2

---

ANNEX

to the Commission Regulation of 3 January 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

| (EUR/100 pieces) |
| --- |
| Period: from 5 to 18 January 2005 |
| Community producer price | Uniflorous (bloom)
  carnations | Multiflorous (spray)
  carnations | Large-flowered roses | Small-flowered roses |
| | 17,01 | 11,97 | 36,10 | 17,55 |

(EUR/100 pieces)

Period: from 5 to 18 January 2005

Community producer price

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

17,01

11,97

36,10

17,55

| Community import prices | Uniflorous (bloom)
  carnations | Multiflorous (spray)
  carnations | Large-flowered roses | Small-flowered roses |
| --- | --- | --- | --- | --- |
| Israel | — | — | — | — |
| Morocco | — | — | — | — |
| Cyprus | — | — | — | — |
| Jordan | — | — | — | — |
| West Bank and Gaza Strip | 15,17 | — | — | — |

Community import prices

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

Israel

—

—

—

—

Morocco

—

—

—

—

Cyprus

—

—

—

—

Jordan

—

—

—

—

West Bank and Gaza Strip

15,17

—

—

—

---

| 4.1.2005 | EN | Official Journal of the European Union | L 1/5 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/5

---

COMMISSION REGULATION (EC) No 4/2005

of 3 January 2005

amending the import duties in the cereals sector applicable from 4 January 2005

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),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | The import duties in the cereals sector are fixed by Commission Regulation (EC) No 2280/2004 (3). |
| --- | --- |

(1)

The import duties in the cereals sector are fixed by Commission Regulation (EC) No 2280/2004 (3).

| (2) | Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 2280/2004, |
| --- | --- |

(2)

Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 2280/2004,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 2280/2004 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 4 January 2005.

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

Done at Brussels, 3 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 270, 29.9.2003, p. 78.

1

(2)  
  OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

2

(3)  
  OJ L 381, 31.12.2004, p. 42.

3

---

ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 4 January 2005

| CN code | Description | Import duty (1)

  (EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 8,57 |
| low quality | 28,57 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | Common high quality wheat other than for sowing | 0,00 |
| 1002 00 00 | Rye | 40,05 |
| 1005 10 90 | Maize seed other than hybrid | 55,51 |
| 1005 90 00 | Maize other than seed (2) | 55,51 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 40,05 |

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

8,57

low quality

28,57

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

Common high quality wheat other than for sowing

0,00

1002 00 00

Rye

40,05

1005 10 90

Maize seed other than hybrid

55,51

1005 90 00

Maize other than seed (2)

55,51

1007 00 90

Grain sorghum other than hybrids for sowing

40,05

---

(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

| — | EUR 3/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

EUR 3/t, where the port of unloading is on the Mediterranean Sea, or

| — | EUR 2/t, where the port of unloading is in Ireland, the United Kingdom, Denmark, Estonia, Latvia, Lithuania, Poland, Finland, Sweden or the Atlantic coasts of the Iberian peninsula. |
| --- | --- |

—

EUR 2/t, where the port of unloading is in Ireland, the United Kingdom, Denmark, Estonia, Latvia, Lithuania, Poland, Finland, Sweden or the Atlantic coasts of the Iberian peninsula.

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

---

ANNEX II

Factors for calculating duties

30.12.2004

1.

| Exchange quotations | Minneapolis | Chicago | Minneapolis | Minneapolis | Minneapolis | Minneapolis |
| --- | --- | --- | --- | --- | --- | --- |
| Product (% proteins at 12 % humidity) | HRS2 (14 %) | YC3 | HAD2 | Medium quality (*1) | Low quality (*2) | US barley 2 |
| Quotation (EUR/t) | 108,75  (*3) | 60,16 | 131,41 | 121,41 | 101,41 | 89,93 |
| Gulf premium (EUR/t) | 39,75 | 12,46 | — | | | — |
| Great Lakes premium (EUR/t) | — | — | — | | | — |

Exchange quotations

Minneapolis

Chicago

Minneapolis

Minneapolis

Minneapolis

Minneapolis

Product (% proteins at 12 % humidity)

HRS2 (14 %)

YC3

HAD2

Medium quality (*1)

Low quality (*2)

US barley 2

Quotation (EUR/t)

108,75  (*3)

60,16

131,41

121,41

101,41

89,93

Gulf premium (EUR/t)

39,75

12,46

—

—

Great Lakes premium (EUR/t)

—

—

—

—

2.

Freight/cost: Gulf of Mexico–Rotterdam: 29,18 EUR/t; Great Lakes–Rotterdam: — EUR/t.

3.

| Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: | 0,00  EUR/t (HRW2)
  0,00  EUR/t (SRW2). |
| --- | --- |

Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96:

0,00  EUR/t (HRW2)

0,00  EUR/t (SRW2).

---

(*1)  A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

*1

(*2)  A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

*2

(*3)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

*3

---

II Acts whose publication is not obligatory

Commission

| 4.1.2005 | EN | Official Journal of the European Union | L 1/8 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/8

---

COMMISSION DECISION

of 27 December 2004

authorising methods for grading pig carcases in the Czech Republic

(notified by number C(2004) 2566)

(Only the Czech text is authentic)

(2005/1/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (2). |
| --- | --- |

(1)

Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (2).

| (2) | The Government of the Czech Republic has requested the Commission to authorise four methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85. |
| --- | --- |

(2)

The Government of the Czech Republic has requested the Commission to authorise four methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.

| (3) | The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled. |
| --- | --- |

(3)

The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.

| (4) | No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked. |
| --- | --- |

(4)

No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.

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

(5)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS DECISION:

Article 1

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

| — | the grading method known as ‘Zwei-Punkte-Messverfahren (ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex, |
| --- | --- |

—

the grading method known as ‘Zwei-Punkte-Messverfahren (ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex,

| — | the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex, |
| --- | --- |

—

the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex,

| — | the apparatus termed ‘Hennessy Grading Probe (HGP 4)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex, |
| --- | --- |

—

the apparatus termed ‘Hennessy Grading Probe (HGP 4)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex,

| — | the apparatus termed ‘Ultra FOM 300’ and assessment methods related thereto, details of which are given in Part 4 of the Annex. |
| --- | --- |

—

the apparatus termed ‘Ultra FOM 300’ and assessment methods related thereto, details of which are given in Part 4 of the Annex.

The grading method ‘Zwei-Punkte-Messverfahren (ZP)’ may be applied only in slaughterhouses which do not exceed a weekly slaughtering of 200 pigs.

As regards the apparatus ‘Ultra FOM 300’ it is laid down that after the end of the measurement procedure it must be possible to verify on the carcase that the apparatus measured the values of measurement P2 on the site provided for in the Annex, Part 4, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure.

Article 2

Modifications of the apparata or the assessment methods shall not be authorised.

Article 3

This Decision is addressed to the Czech Republic.

Done at Brussels, 27 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

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

2

---

ANNEX

Methods for grading pig carcases in the Czech Republic

PART 1

Zwei-Punkte-Messverfahren (ZP)

| 1. | Grading of pig carcases shall be carried out by use of the method termed ‘Zwei-Punkte-Messverfahren (ZP)’. |
| --- | --- |

1.

| 2. | The lean meat content of the carcase shall be calculated according to the following formula:





  where:

  ý= the estimated percentage of lean meat in the carcase,

  S (ZP)= thickness of fat (including rind), measured by a slide rule in the point where the musculus gluteus medius (m.g.m.) is the most convex (mm),

  M (ZP)= thickness of muscle measured by a slide rule at the shortest connection between the cranial end of the m.g.m. and the dorsal edge of the vertebral canal.
  The formula shall be valid for carcases weighing between 60 and 120 kilograms. |
| --- | --- |

2.

Formula

where:

ý= the estimated percentage of lean meat in the carcase,

S (ZP)= thickness of fat (including rind), measured by a slide rule in the point where the musculus gluteus medius (m.g.m.) is the most convex (mm),

M (ZP)= thickness of muscle measured by a slide rule at the shortest connection between the cranial end of the m.g.m. and the dorsal edge of the vertebral canal.

The formula shall be valid for carcases weighing between 60 and 120 kilograms.

PART 2

Fat-O-Meater (FOM)

| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Fat-O-Meater (FOM)’. |
| --- | --- |

1.

| 2. | The apparatus shall be equipped with a probe of six millimetres diameter containing a photodiode of the Siemens SFH 950/960 type and having an operating distance of between 3 and 103 millimetres. The results of the measurements are converted into estimated lean meat content by means of a computer. |
| --- | --- |

2.

| 3. | The lean meat content of the carcase shall be calculated according to the following formula:





  where:

  ý= the estimated percentage of lean meat in the carcase,

  S (FOM)= the thickness of back-fat (including rind) in millimetres, measured at 6,5 centimetres off the midline of the carcase, between the second and third last rib,

  M (FOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (FOM).
  The formula shall be valid for carcases weighing between 60 and 120 kilograms. |
| --- | --- |

3.

Formula

where:

ý= the estimated percentage of lean meat in the carcase,

S (FOM)= the thickness of back-fat (including rind) in millimetres, measured at 6,5 centimetres off the midline of the carcase, between the second and third last rib,

M (FOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (FOM).

The formula shall be valid for carcases weighing between 60 and 120 kilograms.

PART 3

Hennessy Grading Probe (HGP 4)

| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Hennessy Grading Probe (HGP 4)’. |
| --- | --- |

1.

| 2. | The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO) and photodetector of the type 58 MR and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of the HGP 4 itself or a computer linked to it. |
| --- | --- |

2.

| 3. | The lean meat content of the carcase shall be calculated according to the following formula:





  where:

  ý= the estimated percentage of lean meat in the carcase,

  S (HGP)= the thickness of back-fat (including rind) in millimetres, measured at 7,5 centimetres off the midline of the carcase, between the second and third last rib,

  M (HGP)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (HGP).
  The formula shall be valid for carcases weighing between 60 and 120 kilograms. |
| --- | --- |

3.

Formula

where:

ý= the estimated percentage of lean meat in the carcase,

S (HGP)= the thickness of back-fat (including rind) in millimetres, measured at 7,5 centimetres off the midline of the carcase, between the second and third last rib,

M (HGP)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (HGP).

The formula shall be valid for carcases weighing between 60 and 120 kilograms.

PART 4

ULTRA-FOM 300

| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Ultra-FOM 300’. |
| --- | --- |

1.

| 2. | The apparatus shall be equipped with an ultrasonic probe at 3,5 MHz. The ultrasonic signal is digitised, stored and processed by a microprocessor.
  The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself. |
| --- | --- |

2.

The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself.

| 3. | The lean meat content of the carcase shall be calculated according to the following formula:





  where:

  ý= the estimated percentage of lean meat in the carcase,

  S (UFOM)= the thickness of back-fat (including rind) in millimetres, measured at 7 centimetres off the midline of the carcase between the second and third last rib (measurement known as ‘P2’),

  M (UFOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (UFOM).
  The formula shall be valid for carcases weighing between 60 and 120 kilograms. |
| --- | --- |

3.

Formula

where:

ý= the estimated percentage of lean meat in the carcase,

S (UFOM)= the thickness of back-fat (including rind) in millimetres, measured at 7 centimetres off the midline of the carcase between the second and third last rib (measurement known as ‘P2’),

M (UFOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (UFOM).

The formula shall be valid for carcases weighing between 60 and 120 kilograms.

---

| 4.1.2005 | EN | Official Journal of the European Union | L 1/12 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/12

---

COMMISSION DECISION

of 27 December 2004

setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants of certain species under Council Directive 98/56/EC for the years 2005 and 2006

(notified under document number C(2004) 5288)

(2005/2/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (1), and in particular Article 14(4), (5) and (6) thereof,

Whereas:

| (1) | Directive 98/56/EC provides for the necessary arrangements to be made by the Commission for Community comparative trials and tests of propagating material. |
| --- | --- |

(1)

Directive 98/56/EC provides for the necessary arrangements to be made by the Commission for Community comparative trials and tests of propagating material.

| (2) | The technical arrangements for the carrying out of the trials and tests have been made within the Standing Committee for Propagating Material of Ornamental Plants. |
| --- | --- |

(2)

The technical arrangements for the carrying out of the trials and tests have been made within the Standing Committee for Propagating Material of Ornamental Plants.

| (3) | A call for projects for the carrying out of those trials and tests was published on 21 June 2004 on the Internet site of the Community institutions (2). |
| --- | --- |

(3)

A call for projects for the carrying out of those trials and tests was published on 21 June 2004 on the Internet site of the Community institutions (2).

| (4) | The proposals have been assessed according to the selection and awarding criteria set out in the call for projects. The projects, the bodies responsible for the carrying out of tests and trials and the eligible costs as well as the maximum Community financial contribution corresponding to 80 % of the eligible costs should be established. |
| --- | --- |

(4)

The proposals have been assessed according to the selection and awarding criteria set out in the call for projects. The projects, the bodies responsible for the carrying out of tests and trials and the eligible costs as well as the maximum Community financial contribution corresponding to 80 % of the eligible costs should be established.

| (5) | Community comparative trials and tests should be carried out in the years 2005 and 2006 on propagating material harvested in 2004, and the details of such trials and tests, the eligible costs as well as the maximum Community financial contribution should also be set out yearly by an agreement signed by the authorising officer of the Commission and the body responsible for carrying out of trials. |
| --- | --- |

(5)

Community comparative trials and tests should be carried out in the years 2005 and 2006 on propagating material harvested in 2004, and the details of such trials and tests, the eligible costs as well as the maximum Community financial contribution should also be set out yearly by an agreement signed by the authorising officer of the Commission and the body responsible for carrying out of trials.

| (6) | For Community comparative trials and tests lasting more than one year, the parts of the trials and tests following the first year should be authorised by the Commission without further reference to the Standing Committee on Propagating Material of Ornamental Plants, on condition that the necessary appropriations are available. |
| --- | --- |

(6)

For Community comparative trials and tests lasting more than one year, the parts of the trials and tests following the first year should be authorised by the Commission without further reference to the Standing Committee on Propagating Material of Ornamental Plants, on condition that the necessary appropriations are available.

| (7) | Adequate representation of the samples included in the trials and tests should be ensured, at least for certain selected plants. |
| --- | --- |

(7)

Adequate representation of the samples included in the trials and tests should be ensured, at least for certain selected plants.

| (8) | Member States should participate in the Community comparative trials and tests, in so far as propagating material of the plants concerned are usually reproduced or marketed in their territories, in order to ensure that proper conclusions may be drawn there from. |
| --- | --- |

(8)

Member States should participate in the Community comparative trials and tests, in so far as propagating material of the plants concerned are usually reproduced or marketed in their territories, in order to ensure that proper conclusions may be drawn there from.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Propagating Material of Ornamental Plants, |
| --- | --- |

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Propagating Material of Ornamental Plants,

HAS DECIDED AS FOLLOWS:

Article 1

Community comparative trials and tests shall be carried out in the years 2005 and 2006 on propagating material of the plants listed in the Annex.

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

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

Article 2

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

Article 3

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

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

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 27 December 2004.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 226, 13.8.1998, p. 16. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

1

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

2

---

ANNEX

Trials and tests to be carried out in 2005

| Species | Responsible body | Conditions to be assessed | Number of samples | Eligible costs
  (EUR) | Maximum Community financial contribution (equivalent to 80 % of the eligible costs)
  (EUR) |
| --- | --- | --- | --- | --- | --- |
| Perennials
  (Paeonia spp. and Geranium spp.) (*1) | NAKT Roelofarendsveen (NL) | Varietal identity and purity
  Plant health (field)
  Plant health (laboratory) | 50 + 50 | 31 392 | 25 113 |
| Argyranthemum frutescens (L.) Schultz-Bip. and Calibrachoa-hybrids | BSA Hannover (D) | Varietal identity and purity
  Plant health (field)
  Plant health (laboratory) | 60 + 60 | 41 238 | 32 991 |
| TOTAL COMMUNITY FINANCIAL CONTRIBUTION | 58 104 |

Species

Responsible body

Conditions to be assessed

Number of samples

Eligible costs

(EUR)

Maximum Community financial contribution (equivalent to 80 % of the eligible costs)

(EUR)

Perennials

(Paeonia spp. and Geranium spp.) (*1)

NAKT Roelofarendsveen (NL)

Varietal identity and purity

Plant health (field)

Plant health (laboratory)

50 + 50

31 392

25 113

Argyranthemum frutescens (L.) Schultz-Bip. and Calibrachoa-hybrids

BSA Hannover (D)

Varietal identity and purity

Plant health (field)

Plant health (laboratory)

60 + 60

41 238

32 991

TOTAL COMMUNITY FINANCIAL CONTRIBUTION

58 104

Trials and tests to be carried out in 2006

| Species | Responsible body | Conditions to be assessed | Number of samples | Eligible costs
  (EUR) | Maximum Community financial contribution (equivalent to 80 % of the eligible costs)
  (EUR) |
| --- | --- | --- | --- | --- | --- |
| Perennials
  (Paeonia spp. and Geranium spp.) (*2) | NAKT Roelofarendsveen (NL) | Varietal identity and purity
  Plant health (field)
  Plant health (laboratory) | 50 + 50 | 33 267 | 26 613 |
| TOTAL COMMUNITY FINANCIAL CONTRIBUTION | 26 613 |

Species

Responsible body

Conditions to be assessed

Number of samples

Eligible costs

(EUR)

Maximum Community financial contribution (equivalent to 80 % of the eligible costs)

(EUR)

Perennials

(Paeonia spp. and Geranium spp.) (*2)

NAKT Roelofarendsveen (NL)

Varietal identity and purity

Plant health (field)

Plant health (laboratory)

50 + 50

33 267

26 613

TOTAL COMMUNITY FINANCIAL CONTRIBUTION

26 613

---

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

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

---

| 4.1.2005 | EN | Official Journal of the European Union | L 1/15 |
| --- | --- | --- | --- |

4.1.2005

EN

Official Journal of the European Union

L 1/15

---

COMMISSION DECISION

of 3 January 2005

accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not

(2005/3/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

| (1) | Following an expiry review, by Regulation (EC) No 769/2002 (2) (the original Regulation), the Council imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People’s Republic of China (PRC). |
| --- | --- |

(1)

Following an expiry review, by Regulation (EC) No 769/2002 (2) (the original Regulation), the Council imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People’s Republic of China (PRC).

2

| (2) | On 24 February 2004, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC (the request). The request was submitted by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of the sole producer in the Community. The request contained sufficient prima facie evidence to warrant the initiation of an investigation. |
| --- | --- |

(2)

On 24 February 2004, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC (the request). The request was submitted by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of the sole producer in the Community. The request contained sufficient prima facie evidence to warrant the initiation of an investigation.

prima facie

| (3) | The Commission initiated an investigation by Regulation (EC) No 661/2004 (3) (the initiating Regulation) into the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not. |
| --- | --- |

(3)

The Commission initiated an investigation by Regulation (EC) No 661/2004 (3) (the initiating Regulation) into the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not.

3

| (4) | As a result of the investigation, the Council, by Regulation (EC) No 2272/2004 (4), extended the anti-dumping duty imposed on imports of coumarin originating in the People’s Republic of China to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not. |
| --- | --- |

(4)

As a result of the investigation, the Council, by Regulation (EC) No 2272/2004 (4), extended the anti-dumping duty imposed on imports of coumarin originating in the People’s Republic of China to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not.

4

B.   UNDERTAKING

| (5) | Atlas Fine Chemicals Pvt. Ltd, a cooperating exporting producer in India, has offered an undertaking in accordance with Article 8(1) of the basic Regulation. In that undertaking, the exporting producer has offered to sell to the Community coumarin which it genuinely produces in India up to a quantitative ceiling corresponding to the quantity of coumarin genuinely produced in India and sold to the Community during the period between 1 April 2003 and 31 March 2004. |
| --- | --- |

(5)

Atlas Fine Chemicals Pvt. Ltd, a cooperating exporting producer in India, has offered an undertaking in accordance with Article 8(1) of the basic Regulation. In that undertaking, the exporting producer has offered to sell to the Community coumarin which it genuinely produces in India up to a quantitative ceiling corresponding to the quantity of coumarin genuinely produced in India and sold to the Community during the period between 1 April 2003 and 31 March 2004.

| (6) | The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of this company is such that the Commission considers the risk of circumventing the agreed undertaking is limited. |
| --- | --- |

(6)

The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of this company is such that the Commission considers the risk of circumventing the agreed undertaking is limited.

| (7) | The undertaking offer ensures that only genuinely produced coumarin in India will be exported to the Community. In view of the above, the undertaking is considered to prevent circumvention and therefore it is acceptable. |
| --- | --- |

(7)

The undertaking offer ensures that only genuinely produced coumarin in India will be exported to the Community. In view of the above, the undertaking is considered to prevent circumvention and therefore it is acceptable.

| (8) | In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) No 2272/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or where it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable. |
| --- | --- |

(8)

In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) No 2272/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or where it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable.

| (9) | In the event of a breach or withdrawal of the undertaking, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation, |
| --- | --- |

(9)

In the event of a breach or withdrawal of the undertaking, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The undertaking offered by the producer mentioned below, in connection with the investigation into the alleged circumvention of the anti-dumping measures on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand is hereby accepted.

| Country | Company | Taric additional code |
| --- | --- | --- |
| India | Atlas Fine Chemicals Pvt. Ltd, |
| Debhanu Mansion, |
| Nasik-Pune Highway, |
| Nasik Road, |
| MS 422 101, India |

Country

Company

Taric additional code

India

Atlas Fine Chemicals Pvt. Ltd,

Debhanu Mansion,

Nasik-Pune Highway,

Nasik Road,

MS 422 101, India

A579

Article 2

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

Done at Brussels, 3 January 2005.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 123, 9.5.2002, p. 1. Regulation as amended by Regulation (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

2

(3)  
  OJ L 104, 8.4.2004, p. 99.

3

(4)  
  OJ L 396, 31.12.2004, p. 18.

4

---