# Official Journal L 371/18 D

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 371 |
| | |
| English edition | Legislation | Volume 4718 December 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 371

English edition

Legislation

Volume 4718 December 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 2164/2004 of 17 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 2165/2004 of 17 December 2004 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples) | 3 |
| | * | Commission Regulation (CE) No 2166/2004 of 17 December 2004 concerning the opening of tariff quotas for 2005 applicable for imports into the European Community of certain processed agricultural products originating in Switzerland | 6 |
| | * | Commission Regulation (EC) No 2167/2004 of 17 December 2004 adapting Regulation (EEC) No 1848/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia | 8 |
| | * | Commission Regulation (EC) No 2168/2004 of 17 December 2004 adapting Regulation (EEC) No 2037/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia | 12 |
| | * | Commission Regulation (EC) No 2169/2004 of 17 December 2004 amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables | 18 |
| | * | Commission Regulation (EC) No 2170/2004 of 17 December 2004 apportioning, for the 2004/05 marketing year, 5000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities between Denmark, Greece, Ireland, Italy and Luxembourg | 19 |
| | * | Commission Regulation (EC) No 2171/2004 of 17 December 2004 laying down rules for the management and distribution of textile quotas established for the year 2005 under Council Regulation (EC) No 517/94 | 20 |
| | * | Commission Regulation (EC) No 2172/2004 of 17 December 2004 amending Regulation (EC) No 417/2002 of the European Parliament and of the Council on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (
  1
  ) | 26 |
| | | Commission Regulation (EC) No 2173/2004 of 17 December 2004 fixing the export refunds on pigmeat | 28 |
| | | Commission Regulation (EC) No 2174/2004 of 17 December 2004 fixing the minimum selling prices for butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97 | 31 |
| | | Commission Regulation (EC) No 2175/2004 of 17 December 2004 fixing the maximum aid for cream, butter and concentrated butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97 | 33 |
| | | Commission Regulation (EC) No 2176/2004 of 17 December 2004 concerning the 73rd special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999 | 35 |
| | | Commission Regulation (EC) No 2177/2004 of 17 December 2004 fixing the minimum selling price for butter for the 10th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999 | 36 |
| | | Commission Regulation (EC) No 2178/2004 of 17 December 2004 fixing the minimum selling price for skimmed-milk powder for the 9th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001 | 37 |
| | | Commission Regulation (EC) No 2179/2004 of 17 December 2004 fixing the maximum aid for concentrated butter for the 326th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90 | 38 |
| | | Commission Regulation (EC) No 2180/2004 of 17 December 2004 amending the import duties in the cereals sector applicable from 18 December 2004 | 39 |
| | * | Regulation (EC) No 2181/2004 of the European Central Bank of 16 December 2004 amending Regulation (EC) No 2423/2001 (ECB/2001/13) concerning the consolidated balance sheet of the monetary financial institutions sector and Regulation (EC) No 63/2002 (ECB/2001/18) concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (ECB/2004/21) | 42 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 2164/2004 of 17 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 2165/2004 of 17 December 2004 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)

3

*

Commission Regulation (CE) No 2166/2004 of 17 December 2004 concerning the opening of tariff quotas for 2005 applicable for imports into the European Community of certain processed agricultural products originating in Switzerland

6

*

Commission Regulation (EC) No 2167/2004 of 17 December 2004 adapting Regulation (EEC) No 1848/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

8

*

Commission Regulation (EC) No 2168/2004 of 17 December 2004 adapting Regulation (EEC) No 2037/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

12

*

Commission Regulation (EC) No 2169/2004 of 17 December 2004 amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables

18

*

Commission Regulation (EC) No 2170/2004 of 17 December 2004 apportioning, for the 2004/05 marketing year, 5000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities between Denmark, Greece, Ireland, Italy and Luxembourg

19

*

Commission Regulation (EC) No 2171/2004 of 17 December 2004 laying down rules for the management and distribution of textile quotas established for the year 2005 under Council Regulation (EC) No 517/94

20

*

Commission Regulation (EC) No 2172/2004 of 17 December 2004 amending Regulation (EC) No 417/2002 of the European Parliament and of the Council on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (
  1
  )

1

26

Commission Regulation (EC) No 2173/2004 of 17 December 2004 fixing the export refunds on pigmeat

28

Commission Regulation (EC) No 2174/2004 of 17 December 2004 fixing the minimum selling prices for butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

31

Commission Regulation (EC) No 2175/2004 of 17 December 2004 fixing the maximum aid for cream, butter and concentrated butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

33

Commission Regulation (EC) No 2176/2004 of 17 December 2004 concerning the 73rd special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999

35

Commission Regulation (EC) No 2177/2004 of 17 December 2004 fixing the minimum selling price for butter for the 10th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

36

Commission Regulation (EC) No 2178/2004 of 17 December 2004 fixing the minimum selling price for skimmed-milk powder for the 9th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

37

Commission Regulation (EC) No 2179/2004 of 17 December 2004 fixing the maximum aid for concentrated butter for the 326th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90

38

Commission Regulation (EC) No 2180/2004 of 17 December 2004 amending the import duties in the cereals sector applicable from 18 December 2004

39

*

Regulation (EC) No 2181/2004 of the European Central Bank of 16 December 2004 amending Regulation (EC) No 2423/2001 (ECB/2001/13) concerning the consolidated balance sheet of the monetary financial institutions sector and Regulation (EC) No 63/2002 (ECB/2001/18) concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (ECB/2004/21)

(ECB/2004/21)

42

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | 2004/865/EC:Council Decision of 6 December 2004 appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions | 46 |
| | * | 2004/866/EC:Council Decision of 13 December 2004 authorising the Republic of Austria to apply a measure derogating from Article 17 of the Sixth Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes | 47 |
| | * | 2004/867/EC:Council Decision of 13 December 2004 amending Decision 2002/463/EC adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme) | 48 |
| | | Commission |
| | * | 2004/868/EC:Decision No 29/2004 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 November 2004 related to the listing of a Conformity Assessment Body under the Sectoral Annex on Electromagnetic Compatibility | 50 |

II   Acts whose publication is not obligatory

Council

*

2004/865/EC:Council Decision of 6 December 2004 appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions

46

*

2004/866/EC:Council Decision of 13 December 2004 authorising the Republic of Austria to apply a measure derogating from Article 17 of the Sixth Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

47

*

2004/867/EC:Council Decision of 13 December 2004 amending Decision 2002/463/EC adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme)

48

Commission

*

2004/868/EC:Decision No 29/2004 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 November 2004 related to the listing of a Conformity Assessment Body under the Sectoral Annex on Electromagnetic Compatibility

50

| | | Corrigenda |
| --- | --- | --- |
| | | Corrigendum to 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 ( OJ L 368, 15.12.2004 ) | 52 |

Corrigenda

Corrigendum to 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 ( OJ L 368, 15.12.2004 )

52

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| 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

| 18.12.2004 | EN | Official Journal of the European Union | L 371/1 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/1

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COMMISSION REGULATION (EC) No 2164/2004

of 17 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:

| (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 18 December 2004.

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

Done at Brussels, 17 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).

1

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ANNEX

to Commission Regulation of 17 December 2004 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 | 112,2 |
| 204 | 84,3 |
| 624 | 182,9 |
| 999 | 126,5 |
| 0707 00 05 | 052 | 101,2 |
| 999 | 101,2 |
| 0709 90 70 | 052 | 110,5 |
| 204 | 69,1 |
| 999 | 89,8 |
| 0805 10 10 , 0805 10 30 , 0805 10 50 | 052 | 31,2 |
| 204 | 47,8 |
| 388 | 43,1 |
| 528 | 41,6 |
| 999 | 40,9 |
| 0805 20 10 | 204 | 62,6 |
| 999 | 62,6 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 71,3 |
| 204 | 43,0 |
| 464 | 171,7 |
| 624 | 98,1 |
| 999 | 96,0 |
| 0805 50 10 | 052 | 46,6 |
| 528 | 38,8 |
| 999 | 42,7 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 149,0 |
| 400 | 77,6 |
| 404 | 102,4 |
| 720 | 67,5 |
| 999 | 99,1 |
| 0808 20 50 | 400 | 99,8 |
| 528 | 47,4 |
| 720 | 54,6 |
| 999 | 67,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

112,2

204

84,3

624

182,9

999

126,5

0707 00 05

052

101,2

999

101,2

0709 90 70

052

110,5

204

69,1

999

89,8

0805 10 10 , 0805 10 30 , 0805 10 50

052

31,2

204

47,8

388

43,1

528

41,6

999

40,9

0805 20 10

204

62,6

999

62,6

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

052

71,3

204

43,0

464

171,7

624

98,1

999

96,0

0805 50 10

052

46,6

528

38,8

999

42,7

0808 10 20 , 0808 10 50 , 0808 10 90

388

149,0

400

77,6

404

102,4

720

67,5

999

99,1

0808 20 50

400

99,8

528

47,4

720

54,6

999

67,3

---

(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’.

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/3 |
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18.12.2004

EN

Official Journal of the European Union

L 371/3

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COMMISSION REGULATION (EC) No 2165/2004

of 17 December 2004

opening an invitation to tender for the allocation of A3 export licences 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) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables. |
| --- | --- |

(1)

Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

| (2) | Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty. |
| --- | --- |

(2)

Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

| (3) | Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned. |
| --- | --- |

(3)

Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned.

| (4) | Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned. |
| --- | --- |

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

| (5) | In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint. |
| --- | --- |

(5)

In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

| (6) | The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination. |
| --- | --- |

(6)

The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

| (7) | Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities. |
| --- | --- |

(7)

Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

| (8) | In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned. |
| --- | --- |

(8)

In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender for the allocation of A3 export licences is hereby opened. The products concerned, the tender submission period, the indicative refund rates and the scheduled quantities are laid down 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.

3.   Notwithstanding Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of the A3 licences shall be two months.

Article 2

This Regulation shall enter into force on 10 January 2005.

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

Done at Brussels, 17 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).

1

(2)  
  OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).

2

(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).

3

(4)  
  OJ L 152, 24.6.2000, p. 1.

4

---

ANNEX

INVITATION TO TENDER FOR THE ALLOCATION OF A3 EXPORT LICENCES FOR FRUIT AND VEGETABLES (TOMATOES, ORANGES, LEMONS AND APPLES)

| Tender submission period: 10 to 11 January 2005 |
| --- |
| Product code (1) | Destination (2) | Indicative refund amount
  (EUR/t net) | Scheduled quantity
  (t) |
| 0702 00 00 9100 | F08 | 30 | 3 074 |
| 0805 10 20 9100 | A00 | 29 | 59 194 |
| 0805 50 10 9100 | A00 | 43 | 19 601 |
| 0808 10 80 9100 | F04 , F09 | 28 | 15 757 |

Tender submission period: 10 to 11 January 2005

Product code (1)

Destination (2)

Indicative refund amount

(EUR/t net)

Scheduled quantity

(t)

0702 00 00 9100

F08

30

3 074

0805 10 20 9100

A00

29

59 194

0805 50 10 9100

A00

43

19 601

0808 10 80 9100

F04 , F09

28

15 757

---

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

(2)  The ‘A’ series destination codes are defined 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:

| F03 | All destinations except Switzerland. |
| --- | --- |
| F04 | Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay, Paraguay, Argentina, Mexico, Costa Rica. |
| F08 | All destinations except Bulgaria. |
| F09 | The following destinations:






  — | Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia, |

F03

All destinations except Switzerland.

F04

Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay, Paraguay, Argentina, Mexico, Costa Rica.

F08

All destinations except Bulgaria.

F09

The following destinations:

—

Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia,

| — | African countries and territories except South Africa, |
| --- | --- |

—

African countries and territories except South Africa,

| — | destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11). |
| --- | --- |

—

destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11).

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/6 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/6

---

COMMISSION REGULATION (CE) No 2166/2004

of 17 December 2004

concerning the opening of tariff quotas for 2005 applicable for imports into the European Community of certain processed agricultural products originating in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 7(2) thereof,

Having regard to Council Decision 2000/239/EC of 13 March 2000 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation (2), and in particular Article 2 thereof,

Whereas:

| (1) | The annual tariff quotas for certain processed agricultural products provided for in the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, concerning Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation (3) (hereinafter the Agreement), should be opened for 2005. |
| --- | --- |

(1)

The annual tariff quotas for certain processed agricultural products provided for in the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, concerning Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation (3) (hereinafter the Agreement), should be opened for 2005.

| (2) | The annual quota for goods classified under CN codes 2202 10 00 and ex 2202 90 10, laid down in the Agreement, has been exhausted. In accordance with the Agreement it should in consequence be increased by 10 % for 2005. |
| --- | --- |

(2)

The annual quota for goods classified under CN codes 2202 10 00 and ex 2202 90 10, laid down in the Agreement, has been exhausted. In accordance with the Agreement it should in consequence be increased by 10 % for 2005.

| (3) | Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4) lays down rules for the management of tariff quotas. It is appropriate to provide that the tariff quotas opened by this Regulation are to be managed in accordance with those rules. |
| --- | --- |

(3)

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4) lays down rules for the management of tariff quotas. It is appropriate to provide that the tariff quotas opened by this Regulation are to be managed in accordance with those rules.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the management committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I to the Treaty, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the management committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I to the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quotas for imports into the Community of the processed agricultural products originating in Switzerland listed in the Annex shall be open, exempt from duty, from 1 January to 31 December 2005.

For imports of goods listed in table 2 of the Annex which exceed the duty exempt quota, a duty of 9,1 % shall be applied.

Article 2

The Community tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

This Regulation shall enter into force on the third day following that 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, 17 December 2004.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

1

(2)  
  OJ L 76, 25.3.2000, p. 11.

2

(3)  
  OJ L 76, 25.3.2000, p. 12.

3

(4)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 341, 31.12.2003, p. 1).

4

---

ANNEX

Table 1

| Serial number | CN code | Description | Quantities for 2005
  (net weight) | Applicable rate of duty |
| --- | --- | --- | --- | --- |
| 09.0911 | 1302 20 10 | Pectic substances, pectinates and pectates: dry | 733 tonnes | Exempt |
| 09.0912 | 2101 11 11 | Extracts, essences and concentrates with a coffee-based dry matter content of 95 % or more by weight | 2 263 tonnes | Exempt |
| 09.0913 | 2101 20 20 | Extracts, essences and concentrates of tea or maté | 159 tonnes | Exempt |
| 09.0914 | 2106 90 92 | Food preparations/other containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch | 1 309 tonnes (*1) | Exempt |

Serial number

CN code

Description

Quantities for 2005

(net weight)

Applicable rate of duty

09.0911

1302 20 10

Pectic substances, pectinates and pectates: dry

733 tonnes

Exempt

09.0912

2101 11 11

Extracts, essences and concentrates with a coffee-based dry matter content of 95 % or more by weight

2 263 tonnes

Exempt

09.0913

2101 20 20

Extracts, essences and concentrates of tea or maté

159 tonnes

Exempt

09.0914

2106 90 92

Food preparations/other containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

1 309 tonnes (*1)

Exempt

Table 2

| Serial number | CN code | Description | Volume for 2005 | Rate of duty applicable within the quota | Rate of duty applicable outside the quota |
| --- | --- | --- | --- | --- | --- |
| 09.0916 | 2202 10 00 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured | 120 788 250 litres | Exempt | 9,1  % |
| ex 2202 90 10 (TARIC Code 10) | Other non-alcoholic beverages, containing sugar |

Serial number

CN code

Description

Volume for 2005

Rate of duty applicable within the quota

Rate of duty applicable outside the quota

09.0916

2202 10 00

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

120 788 250 litres

Exempt

9,1  %

ex 2202 90 10 (TARIC Code 10)

Other non-alcoholic beverages, containing sugar

---

(*1)  See Council Regulation (EC) No .../2004 establishing certain concessions for the Swiss Confederation in the form of Community tariff quotas for certain processed agricultural products. Following the accession of the 10 new member states, 280 tonnes are added to the basic quota of year 2004.

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/8 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/8

---

COMMISSION REGULATION (EC) No 2167/2004

of 17 December 2004

adapting Regulation (EEC) No 1848/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57(2) thereof,

Whereas:

| (1) | Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (1) institutes a Community system of protection for traditional specialities and provides in Articles 12 and 15 for a Community symbol and indication. |
| --- | --- |

(1)

Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (1) institutes a Community system of protection for traditional specialities and provides in Articles 12 and 15 for a Community symbol and indication.

| (2) | Annex I to Commission Regulation (EEC) No 1848/93 of 9 July 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (2) sets out that Community symbol and that indication in all Community languages. |
| --- | --- |

(2)

Annex I to Commission Regulation (EEC) No 1848/93 of 9 July 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (2) sets out that Community symbol and that indication in all Community languages.

| (3) | By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States. |
| --- | --- |

(3)

By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States.

| (4) | Regulation (EEC) No 1848/93 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EEC) No 1848/93 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 1848/93 is replaced by the text in the Annex to this Regulation.

Article 2

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, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  
  OJ L 168, 10.7.1993, p. 35. Regulation as last amended by Regulation (EC) No 296/2004 (OJ L 50, 20.2.2004, p. 15).

2

---

ANNEX

‘ANNEX I

Part A

Español

Image 1

Čeština

Image 2

Dansk

Image 3

Deutsch

Image 4

Eesti keel

Image 5

Ελληνικά

Image 6

English

Image 7

Français

Image 8

Italiano

Image 9

Latviešu valoda

Image 10

Lietuvių kalba

Image 11

Magyar

Image 12

Malti

Image 13

Nederlands

Image 14

Polski

Image 15

Português

Image 16

Slovenčina

Image 17

Slovenščina

Image 18

Suomi

Image 19

Svenska

Image 20

Part B

| ES | ESPECIALIDAD TRADICIONAL GARANTIZADA |
| --- | --- |
| CS | ZARUČENÁ TRADIČNÍ SPECIALITA |
| DA | GARANTI FOR TRADITIONEL SPECIALITET |
| DE | GARANTIERT TRADITIONELLE SPEZIALITÄT |
| ET | GARANTEERITUD TRADITSIOONILINE ERITUNNUS |
| ΕL | ΕΙΔΙΚΟ ΠΑΡΑΔΟΣΙΑΚΟ ΠΡΟΪΟΝ ΕΓΓΥΗΜΕΝΟ |
| EN | TRADITIONAL SPECIALITY GUARANTEED |
| FR | SPÉCIALITÉ TRADITIONNELLE GARANTIE |
| IT | SPECIALITÀ TRADIZIONALE GARANTITA |
| LV | GARANTĒTAS TRADICIONĀLĀS ĪPATNĪBAS |
| LT | GARANTUOTAS TRADICINIS GAMINYS |
| HU | HAGYOMÁNYOS KÜLÖNLEGES TERMÉK |
| MT | SPEĊJALITÀ TRADIZZJONALI GARANTITA |
| NL | GEGARANDEERDE TRADITIONELE SPECIALITEIT |
| PL | GWARANTOWANA TRADYCYJNA SPECJALNOŚĆ |
| PT | ESPECIALIDADE TRADICIONAL GARANTIDA |
| SK | ŠPECIALITA GARANTOVANÁ TRADÍCIOU |
| SL | ZAJAMČENA TRADICIONALNA POSEBNOST |
| FI | AITO PERINTEINEN TUOTE |
| SV | GARANTERAD TRADITIONELL SPECIALITET’ |

ES

ESPECIALIDAD TRADICIONAL GARANTIZADA

CS

ZARUČENÁ TRADIČNÍ SPECIALITA

DA

GARANTI FOR TRADITIONEL SPECIALITET

DE

GARANTIERT TRADITIONELLE SPEZIALITÄT

ET

GARANTEERITUD TRADITSIOONILINE ERITUNNUS

ΕL

ΕΙΔΙΚΟ ΠΑΡΑΔΟΣΙΑΚΟ ΠΡΟΪΟΝ ΕΓΓΥΗΜΕΝΟ

EN

TRADITIONAL SPECIALITY GUARANTEED

FR

SPÉCIALITÉ TRADITIONNELLE GARANTIE

IT

SPECIALITÀ TRADIZIONALE GARANTITA

LV

GARANTĒTAS TRADICIONĀLĀS ĪPATNĪBAS

LT

GARANTUOTAS TRADICINIS GAMINYS

HU

HAGYOMÁNYOS KÜLÖNLEGES TERMÉK

MT

SPEĊJALITÀ TRADIZZJONALI GARANTITA

NL

GEGARANDEERDE TRADITIONELE SPECIALITEIT

PL

GWARANTOWANA TRADYCYJNA SPECJALNOŚĆ

PT

ESPECIALIDADE TRADICIONAL GARANTIDA

SK

ŠPECIALITA GARANTOVANÁ TRADÍCIOU

SL

ZAJAMČENA TRADICIONALNA POSEBNOST

FI

AITO PERINTEINEN TUOTE

SV

GARANTERAD TRADITIONELL SPECIALITET’

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/12 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/12

---

COMMISSION REGULATION (EC) No 2168/2004

of 17 December 2004

adapting Regulation (EEC) No 2037/93 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57(2) thereof,

Whereas:

| (1) | Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) institutes a Community system of protection for geographical indications and designations of origin. |
| --- | --- |

(1)

Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) institutes a Community system of protection for geographical indications and designations of origin.

| (2) | Annex I to Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2) sets out the relevant Community symbol and indication in all Community languages. |
| --- | --- |

(2)

Annex I to Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2) sets out the relevant Community symbol and indication in all Community languages.

| (3) | By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States. |
| --- | --- |

(3)

By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States.

| (4) | Regulation (EEC) No 2037/93 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EEC) No 2037/93 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 2037/93 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  
  OJ L 185, 28.7.1993, p. 5. Regulation as last amended by Regulation (EC) No 1726/98 (OJ L 224, 11.8.1998, p. 1).

2

---

ANNEX

‘ANNEX I

Part A.1

Español

Image 21

Čeština

Image 22

Dansk

Image 23

Deutsch

Image 24

Eesti keel

Image 25

Ελληνικά

Image 26

English

Image 27

Français

Image 28

Italiano

Image 29

Latviešu valoda

Image 30

Lietuvių kalba

Image 31

Magyar

Image 32

Malti

Image 33

Nederlands

Image 34

Polski

Image 35

Português

Image 36

Slovenčina

Image 37

Slovenščina

Image 38

Suomi

Image 39

Svenska

Image 40

Part A.2

Español

Image 41

Čeština

Image 42

Dansk

Image 43

Deutsch

Image 44

Eesti keel

Image 45

Ελληνικά

Image 46

English

Image 47

Français

Image 48

Italiano

Image 49

Latviešu valoda

Image 50

Lietuvių kalba

Image 51

Magyar

Image 52

Malti

Image 53

Nederlands

Image 54

Polski

Image 55

Português

Image 56

Slovenčina

Image 57

Slovenščina

Image 58

Suomi

Image 59

Svenska

Image 60

Part B

| EC languages | Abbreviations | Terms |
| --- | --- | --- |
| ES | DOP/IGP | denominación de origen protegida
  indicación geográfica protegida |
| CS | CHOP/CHZO | chráněné označení původu
  chráněné zeměpisné označení |
| DA | BOB/BGB | beskyttet oprindelsesbetegnelse
  beskyttet geografisk betegnelse |
| DE | g.U./g.g.A. | geschützte Ursprungsbezeichnung
  geschützte geographische Angabe |
| ET | KPN/KGT | kaitstud päritolunimetus
  kaitstud geograafiline tähis |
| EL | ΠΟΠ/ ΠΓΕ | προστατευόμενη oνομασία προελεύσεως
  προστατευόμενη γεωγραφική ένδειξη |
| EN | PDO/PGI | protected designation of origin
  protected geographical indication |
| FR | AOP/IGP | appellation d’origine protégée
  indication géographique protégée |
| IT | DOP/IGP | denominazione d’origine protetta
  indicazione geografica protetta |
| LV | ACVN/AĢIN | aizsargāts cilmes vietas nosaukums
  aizsargāta ģeogrāfiskās izcelsmes norāde |
| LT | SKVN/SGN | saugoma kilmės vietos nuoroda
  saugoma geografinė nuoroda |
| HU | OEM/OFJ | oltalom alatt álló eredetmegjelölés
  oltalom alatt álló földrajzi jelzés |
| MT | DPO/IĠP | denominazzjoni protetta ta’ oriġini
  indikazzjoni ġeografika protetta |
| NL | BOB/BGA | beschermde oorsprongsbenaming
  beschermde geografische aanduiding |
| PL | CHNP/CHOG | chroniona nazwa pochodzenia
  chronione oznaczenie geograficzne |
| PT | DOP/IGP | denominação de origem protegida
  indicação geográfica protegida |
| SK | CHOP/CHZO | chránené označenie pôvodu
  chránené zemepisné označenie |
| SL | ZOP/ZGO | zaščitena označba porekla
  zaščitena geografska označba |
| FI | SAN/SMM | suojattu alkuperänimitys
  suojattu maantieteellinen merkintä |
| SV | SUB/SGB | skyddad ursprungsbeteckning
  skyddad geografisk beteckning’ |

EC languages

Abbreviations

Terms

ES

DOP/IGP

denominación de origen protegida

indicación geográfica protegida

CS

CHOP/CHZO

chráněné označení původu

chráněné zeměpisné označení

DA

BOB/BGB

beskyttet oprindelsesbetegnelse

beskyttet geografisk betegnelse

DE

g.U./g.g.A.

geschützte Ursprungsbezeichnung

geschützte geographische Angabe

ET

KPN/KGT

kaitstud päritolunimetus

kaitstud geograafiline tähis

EL

ΠΟΠ/ ΠΓΕ

προστατευόμενη oνομασία προελεύσεως

προστατευόμενη γεωγραφική ένδειξη

EN

PDO/PGI

protected designation of origin

protected geographical indication

FR

AOP/IGP

appellation d’origine protégée

indication géographique protégée

IT

DOP/IGP

denominazione d’origine protetta

indicazione geografica protetta

LV

ACVN/AĢIN

aizsargāts cilmes vietas nosaukums

aizsargāta ģeogrāfiskās izcelsmes norāde

LT

SKVN/SGN

saugoma kilmės vietos nuoroda

saugoma geografinė nuoroda

HU

OEM/OFJ

oltalom alatt álló eredetmegjelölés

oltalom alatt álló földrajzi jelzés

MT

DPO/IĠP

denominazzjoni protetta ta’ oriġini

indikazzjoni ġeografika protetta

NL

BOB/BGA

beschermde oorsprongsbenaming

beschermde geografische aanduiding

PL

CHNP/CHOG

chroniona nazwa pochodzenia

chronione oznaczenie geograficzne

PT

DOP/IGP

denominação de origem protegida

indicação geográfica protegida

SK

CHOP/CHZO

chránené označenie pôvodu

chránené zemepisné označenie

SL

ZOP/ZGO

zaščitena označba porekla

zaščitena geografska označba

FI

SAN/SMM

suojattu alkuperänimitys

suojattu maantieteellinen merkintä

SV

SUB/SGB

skyddad ursprungsbeteckning

skyddad geografisk beteckning’

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/18 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/18

---

COMMISSION REGULATION (EC) No 2169/2004

of 17 December 2004

amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Articles 6b(3) and 6c(7) thereof,

Whereas:

| (1) | Article 9(2) of Commission Regulation (EC) No 1535/2003 (2) provides that amendments to contracts may increase the quantity originally stipulated in the contract by no more than 30 %. However, for dried figs intended for the production of fig pastes, that percentage may be up to 100 % of the quantities originally stipulated in the contract between the producer and the processor. That derogation applies only until the 2003/04 marketing year. |
| --- | --- |

(1)

Article 9(2) of Commission Regulation (EC) No 1535/2003 (2) provides that amendments to contracts may increase the quantity originally stipulated in the contract by no more than 30 %. However, for dried figs intended for the production of fig pastes, that percentage may be up to 100 % of the quantities originally stipulated in the contract between the producer and the processor. That derogation applies only until the 2003/04 marketing year.

| (2) | Since the reasons for the derogation, i.e. the fact that production and exportation extend over the whole of the marketing year, continue to apply, it should be made permanent. |
| --- | --- |

(2)

Since the reasons for the derogation, i.e. the fact that production and exportation extend over the whole of the marketing year, continue to apply, it should be made permanent.

| (3) | Regulation (EC) No 1535/2003 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 1535/2003 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

The second subparagraph of Article 9(2) of Regulation (EC) No 1535/2003 is hereby replaced by the following:

‘However, amendments to contracts for unprocessed dried figs intended for the production of fig pastes may be concluded no later than 31 May and may increase the quantities originally stipulated in the contracts by no more than 100 %.’

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.

It shall apply from the 2004/05 marketing year.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

1

(2)  
  OJ L 218, 30.8.2003, p. 14. Regulation as last amended by Regulation (EC) No 1132/2004 (OJ L 219, 19.6.2004, p. 3).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/19 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/19

---

COMMISSION REGULATION (EC) No 2170/2004

of 17 December 2004

apportioning, for the 2004/05 marketing year, 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities between Denmark, Greece, Ireland, Italy and Luxembourg

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre (1), and in particular Article 9 thereof,

Whereas:

| (1) | Article 8(1) of Commission Regulation (EC) No 245/2001 (2), which laid down detailed rules for the application of Regulation (EC) No 1673/2000, stipulates that the apportioning of 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities, as provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000, must be effected before 16 November of the marketing year in progress. |
| --- | --- |

(1)

Article 8(1) of Commission Regulation (EC) No 245/2001 (2), which laid down detailed rules for the application of Regulation (EC) No 1673/2000, stipulates that the apportioning of 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities, as provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000, must be effected before 16 November of the marketing year in progress.

| (2) | To that end, Denmark and Italy have sent the Commission information relating to areas covered by sale/purchase contracts, processing commitments and processing contracts, and estimated flax and hemp straw and fibre yields. |
| --- | --- |

(2)

To that end, Denmark and Italy have sent the Commission information relating to areas covered by sale/purchase contracts, processing commitments and processing contracts, and estimated flax and hemp straw and fibre yields.

| (3) | Conversely, no flax or hemp fibre will be produced for the 2004/05 marketing year in Greece, Ireland or Luxembourg. |
| --- | --- |

(3)

Conversely, no flax or hemp fibre will be produced for the 2004/05 marketing year in Greece, Ireland or Luxembourg.

| (4) | On the basis of estimates of production resulting from the information provided, total production in the five Member States concerned will not reach the overall quantity of 5 000 tonnes allocated to them, and the national guaranteed quantities as set out below should be set. |
| --- | --- |

(4)

On the basis of estimates of production resulting from the information provided, total production in the five Member States concerned will not reach the overall quantity of 5 000 tonnes allocated to them, and the national guaranteed quantities as set out below should be set.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 2004/05 marketing year, the apportionment in national guaranteed quantities provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000 shall be as follows:

| — | Denmark |
| --- | --- |

—

Denmark

57 tonnes

| — | Greece |
| --- | --- |

—

Greece

0 tonnes

| — | Ireland |
| --- | --- |

—

Ireland

0 tonnes

| — | Italy |
| --- | --- |

—

Italy

1 227 tonnes

| — | Luxembourg |
| --- | --- |

—

Luxembourg

0 tonnes

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.

It shall apply from 16 November 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 193, 29.7.2000, p. 16. Regulation as last amended by Regulation (EC) No 393/2004 (OJ L 65, 3.3.2004, p. 4).

1

(2)  
  OJ L 35, 6.2.2001, p. 18. Regulation as last amended by Regulation (EC) No 1401/2003 (OJ L 199, 7.8.2003, p. 3).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/20 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/20

---

COMMISSION REGULATION (EC) No 2171/2004

of 17 December 2004

laying down rules for the management and distribution of textile quotas established for the year 2005 under Council Regulation (EC) No 517/94

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules, (1) and in particular Article 17(3) and (6) and Article 21(2) thereof,

Whereas:

| (1) | Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis. |
| --- | --- |

(1)

Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.

| (2) | Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance. |
| --- | --- |

(2)

Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.

| (3) | Rules for management of the quotas established for 2005 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly. |
| --- | --- |

(3)

Rules for management of the quotas established for 2005 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly.

| (4) | The measures adopted in previous years, such as those in Commission Regulation (EC) No 2308/2003 establishing rules for the management and distribution of textile quotas established for the year 2004 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2005 whilst excluding the adjustments made in Regulation (EC) No 2308/2003 to take account of the enlargement of the European Union from 1 May 2004. |
| --- | --- |

(4)

The measures adopted in previous years, such as those in Commission Regulation (EC) No 2308/2003 establishing rules for the management and distribution of textile quotas established for the year 2004 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2005 whilst excluding the adjustments made in Regulation (EC) No 2308/2003 to take account of the enlargement of the European Union from 1 May 2004.

| (5) | In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method. |
| --- | --- |

(5)

In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method.

| (6) | To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2005 equivalent to the quantity which they imported in 2004. |
| --- | --- |

(6)

To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2005 equivalent to the quantity which they imported in 2004.

| (7) | To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas. |
| --- | --- |

(7)

To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.

| (8) | For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers’ applications, to extend by three months and up to 31 March 2006 licences of which at least one half has been used by the application date. |
| --- | --- |

(8)

For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers’ applications, to extend by three months and up to 31 March 2006 licences of which at least one half has been used by the application date.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation is to lay down rules on the management of quantitative quotas for imports of certain textile products set out in Annexes IIIB and IV to Regulation (EC) No 517/94 for the year 2005.

Article 2

The quotas referred to in Article 1 shall be allocated according to the chronological order of receipt by the Commission of Member States’ notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator set out in Annex I.

The maximum quantities shall not, however, apply to operators able to prove to the competent national authorities, when making their first application for 2005, that, in respect of given categories and given third countries, they imported more than the maximum quantities specified for each category pursuant to import licences granted to them for 2004.

In the case of such operators, the competent authorities may authorise imports not exceeding the quantities imported in 2004 from given third countries and in given categories, provided that enough quota capacity is available.

Article 3

Any importer who has already used up 50 % or more of the amount allocated to him under this Regulation may make a further application, in respect of the same category and country of origin, for amounts not exceeding the maximum quantities laid down in Annex I.

Article 4

1.   The competent national authorities listed in Annex II may, from 10.00 a.m. on 4 January 2005, notify the Commission of the amounts covered by requests for import authorisations.

The time fixed in the first subparagraph shall be understood as Brussels time.

2.   The competent national authorities shall issue authorisations only after being notified by the Commission pursuant to Article 17(2) of Regulation (EC) No 517/94 that quantities are available for importation.

They shall issue authorisations only if an operator:

| (a) | proves the existence of a contract relating to the provision of the goods and, |
| --- | --- |

(a)

proves the existence of a contract relating to the provision of the goods and,

| (b) | certifies in writing that, in respect of the categories and countries concerned:






  (i) | he has not already been allocated an authorisation under this Regulation, or |
| --- | --- | --- |

(b)

certifies in writing that, in respect of the categories and countries concerned:

(i)

he has not already been allocated an authorisation under this Regulation, or

| (ii) | he has been allocated an authorisation under this Regulation but has used up at least 50 % of it. |
| --- | --- |

(ii)

he has been allocated an authorisation under this Regulation but has used up at least 50 % of it.

3.   Import authorisations shall be valid for nine months from the date of issue, but until 31 December 2005 at the latest.

The competent national authorities may, however, at the importer’s request, grant a three-month extension for authorisations which are at least 50 % used up at the time of the request. Such extension shall in no circumstances expire later than 31 March 2006.

Article 5

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 17 December 2004.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  
  OJ L 67, 10.3.1994, p.1; Regulation as last amended by Commission Regulation (EC) No 1877/2004 (OJ L 326, 29.10.2004, p. 25).

1

(2)  
  OJ L 342, 29.12.2003, p. 13.

2

---

ANNEX I

Maximum amounts referred to in Articles 2 and 3

| Country concerned | Category | Unit | Maximum amount |
| --- | --- | --- | --- |
| North Korea | 1 | Kilograms | 10 000 |
| 2 | Kilograms | 10 000 |
| 3 | Kilograms | 10 000 |
| 4 | Pieces | 10 000 |
| 5 | Pieces | 10 000 |
| 6 | Pieces | 10 000 |
| 7 | Pieces | 10 000 |
| 8 | Pieces | 10 000 |
| 9 | Kilograms | 10 000 |
| 12 | Pairs | 10 000 |
| 13 | Pieces | 10 000 |
| 14 | Pieces | 10 000 |
| 15 | Pieces | 10 000 |
| 16 | Pieces | 10 000 |
| 17 | Pieces | 10 000 |
| 18 | Kilograms | 10 000 |
| 19 | Pieces | 10 000 |
| 20 | Kilograms | 10 000 |
| 21 | Pieces | 10 000 |
| 24 | Pieces | 10 000 |
| 26 | Pieces | 10 000 |
| 27 | Pieces | 10 000 |
| 28 | Pieces | 10 000 |
| 29 | Pieces | 10 000 |
| 31 | Pieces | 10 000 |
| 36 | Kilograms | 10 000 |
| 37 | Kilograms | 10 000 |
| 39 | Kilograms | 10 000 |
| 59 | Kilograms | 10 000 |
| 61 | Kilograms | 10 000 |
| 68 | Kilograms | 10 000 |
| 69 | Pieces | 10 000 |
| 70 | Pieces | 10 000 |
| 73 | Pieces | 10 000 |
| 74 | Pieces | 10 000 |
| 75 | Pieces | 10 000 |
| 76 | Kilograms | 10 000 |
| 77 | Kilograms | 5 000 |
| 78 | Kilograms | 5 000 |
| 83 | Kilograms | 10 000 |
| 87 | Kilograms | 10 000 |
| 109 | Kilograms | 10 000 |
| 117 | Kilograms | 10 000 |
| 118 | Kilograms | 10 000 |
| 142 | Kilograms | 10 000 |
| 151A | Kilograms | 10 000 |
| 151B | Kilograms | 10 000 |
| 161 | Kilograms | 10 000 |
| Serbia and Montenegro (1) | 1 | Kilograms | 20 000 |
| 2 | Kilograms | 20 000 |
| 2a | Kilograms | 10 000 |
| 3 | Kilograms | 10 000 |
| 5 | Pieces | 10 000 |
| 6 | Pieces | 10 000 |
| 7 | Pieces | 10 000 |
| 8 | Pieces | 10 000 |
| 9 | Kilograms | 10 000 |
| 15 | Pieces | 10 000 |
| 16 | Pieces | 10 000 |
| 67 | Kilograms | 10 000 |

Country concerned

Category

Unit

Maximum amount

North Korea

1

Kilograms

10 000

2

Kilograms

10 000

3

Kilograms

10 000

4

Pieces

10 000

5

Pieces

10 000

6

Pieces

10 000

7

Pieces

10 000

8

Pieces

10 000

9

Kilograms

10 000

12

Pairs

10 000

13

Pieces

10 000

14

Pieces

10 000

15

Pieces

10 000

16

Pieces

10 000

17

Pieces

10 000

18

Kilograms

10 000

19

Pieces

10 000

20

Kilograms

10 000

21

Pieces

10 000

24

Pieces

10 000

26

Pieces

10 000

27

Pieces

10 000

28

Pieces

10 000

29

Pieces

10 000

31

Pieces

10 000

36

Kilograms

10 000

37

Kilograms

10 000

39

Kilograms

10 000

59

Kilograms

10 000

61

Kilograms

10 000

68

Kilograms

10 000

69

Pieces

10 000

70

Pieces

10 000

73

Pieces

10 000

74

Pieces

10 000

75

Pieces

10 000

76

Kilograms

10 000

77

Kilograms

5 000

78

Kilograms

5 000

83

Kilograms

10 000

87

Kilograms

10 000

109

Kilograms

10 000

117

Kilograms

10 000

118

Kilograms

10 000

142

Kilograms

10 000

151A

Kilograms

10 000

151B

Kilograms

10 000

161

Kilograms

10 000

Serbia and Montenegro (1)

1

Kilograms

20 000

2

Kilograms

20 000

2a

Kilograms

10 000

3

Kilograms

10 000

5

Pieces

10 000

6

Pieces

10 000

7

Pieces

10 000

8

Pieces

10 000

9

Kilograms

10 000

15

Pieces

10 000

16

Pieces

10 000

67

Kilograms

10 000

---

(1)  Including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999.

---

ANNEX II

List of licensing offices referred to in Article 4

| 1. | Belgium |
| --- | --- |

1.

| 2. | Cyprus |
| --- | --- |

2.

| Ministerie van Economische Zaken |
| --- |
| Bestuur Economische Betrekkingen |
| Dienst Vergunningen |
| Generaal Lemanstraat 60 |
| B-1040 Brussel |
| Tel. (32-2) 206 58 11 |
| Fax (32-2) 230 83 22 |

Ministerie van Economische Zaken

Bestuur Economische Betrekkingen

Dienst Vergunningen

Generaal Lemanstraat 60

B-1040 Brussel

Tel. (32-2) 206 58 11

Fax (32-2) 230 83 22

| Ministère des Affaires Économiques |
| --- |
| Adm. des Relations Économiques |
| Service des licences |
| Rue Général Leman 60 |
| B-1040 Bruxelles |
| Tel. (32-2) 206 58 11 |
| Fax (32-2) 230 83 22 |

Ministère des Affaires Économiques

Adm. des Relations Économiques

Service des licences

Rue Général Leman 60

B-1040 Bruxelles

Tel. (32-2) 206 58 11

Fax (32-2) 230 83 22

| Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού |
| --- |
| Διεύθυνση Εμπορίου Οδός Ανδρέα Αραούζου 6 |
| CY-1421 Λευκωσία |
| Tel. (357-2) 86 71 00 |
| Fax (357-2) 37 51 20 |

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού

Διεύθυνση Εμπορίου Οδός Ανδρέα Αραούζου 6

CY-1421 Λευκωσία

Tel. (357-2) 86 71 00

Fax (357-2) 37 51 20

| 3. | Czech Republic





  Ministerstvo průmyslu a obchodu |
| --- | --- |
| Licenční správa |
| Na Františku 32 |
| CZ-110 15 Praha 1 |
| Tel. (420-2) 24 90 71 11 |
| Fax (420-2) 24 21 21 33 |

3.

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

CZ-110 15 Praha 1

Tel. (420-2) 24 90 71 11

Fax (420-2) 24 21 21 33

| 4. | Denmark





  Erhvervs- og Byggestyrelsen |
| --- | --- |
| Økonomi- og Erhvervsministeriet |
| Vejlsøvej 29 |
| DK-8600 Silkeborg |
| Tel. (45-35) 46 64 30 |
| Fax (45-35) 46 64 01 |

4.

Erhvervs- og Byggestyrelsen

Økonomi- og Erhvervsministeriet

Vejlsøvej 29

DK-8600 Silkeborg

Tel. (45-35) 46 64 30

Fax (45-35) 46 64 01

| 5. | Germany





  Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) |
| --- | --- |
| Frankfurter Straße 29—35 |
| D-65760 Eschborn |
| Tel. (49 61) 969 08-0 |
| Fax (49 61) 969 42 26 |

5.

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Frankfurter Straße 29—35

D-65760 Eschborn

Tel. (49 61) 969 08-0

Fax (49 61) 969 42 26

| 6. | Greece





  Υπουργείο Οικονομίας και Οικονομικών |
| --- | --- |
| Γενική Γραμματεία Διεθνών Σχέσεων |
| Γενική Διεύθυνση Σχεδιασμού και Διαχείρισης Πολιτικής |
| Διεύθυνση Διεθνών Οικονομικών Ροών |
| Κορνάρου 1 |
| GR-10563 Αθήνα |
| Tel. (30-210) 328 60 31-5 |
| Fax (30-210) 328 60 94 |

6.

Υπουργείο Οικονομίας και Οικονομικών

Γενική Γραμματεία Διεθνών Σχέσεων

Γενική Διεύθυνση Σχεδιασμού και Διαχείρισης Πολιτικής

Διεύθυνση Διεθνών Οικονομικών Ροών

Κορνάρου 1

GR-10563 Αθήνα

Tel. (30-210) 328 60 31-5

Fax (30-210) 328 60 94

| 7. | Spain





  Ministerio de Industria, Turismo y Comercio |
| --- | --- |
| Secretaría General de Comercio Exterior |
| Paseo de la Castellana, 162 |
| E-28046 Madrid |
| Tel. (34-91) 349 38 17, 349 37 48 |
| Fax (34-91) 563 18 23, 349 38 31 |

7.

Ministerio de Industria, Turismo y Comercio

Secretaría General de Comercio Exterior

Paseo de la Castellana, 162

E-28046 Madrid

Tel. (34-91) 349 38 17, 349 37 48

Fax (34-91) 563 18 23, 349 38 31

| 8. | Estonia





  Majandus- ja Kommunikatsiooniministeerium |
| --- | --- |
| Harju 11 |
| EE-15072 Tallinn |
| Tel. (372-6) 256 400 |
| Fax (372-6) 313 660 |

8.

Majandus- ja Kommunikatsiooniministeerium

Harju 11

EE-15072 Tallinn

Tel. (372-6) 256 400

Fax (372-6) 313 660

| 9. | France





  Ministère de l'Économie, des Finances et de l'Industrie |
| --- | --- |
| Direction Générale de l'Industrie, des Technologies de l'Information et des Postes |
| Service des Industries Manufacturières (SIM) |
| Mission Textile-Importations |
| Le Bervil, 12 rue Villiot |
| F-75572 Paris CEDEX 12 |
| Tel. (33-1) 44 87 17 17 |
| Fax (33-1) 53 44 91 81 |

9.

Ministère de l'Économie, des Finances et de l'Industrie

Direction Générale de l'Industrie, des Technologies de l'Information et des Postes

Service des Industries Manufacturières (SIM)

Mission Textile-Importations

Le Bervil, 12 rue Villiot

F-75572 Paris CEDEX 12

Tel. (33-1) 44 87 17 17

Fax (33-1) 53 44 91 81

| 10. | Hungary





  Magyar Kereskedelmi Engedélyezési Hivatal |
| --- | --- |
| Margit krt. 85. |
| H-1024 Budapest |
| Postafiók: 1537 Budapest Pf. 345. |
| Tel. (36-1) 336 73 00 |
| Fax (36-1) 336 73 02 |

10.

Magyar Kereskedelmi Engedélyezési Hivatal

Margit krt. 85.

H-1024 Budapest

Postafiók: 1537 Budapest Pf. 345.

Tel. (36-1) 336 73 00

Fax (36-1) 336 73 02

| 11. | Ireland





  Department of Enterprise, Trade and Employment Internal Market |
| --- | --- |
| Kildare Street |
| IRL-Dublin 2 |
| IRELAND |
| Tel. (353-1) 631 21 21 |
| Fax (353-1) 631 28 26 |

11.

Department of Enterprise, Trade and Employment Internal Market

Kildare Street

IRL-Dublin 2

IRELAND

Tel. (353-1) 631 21 21

Fax (353-1) 631 28 26

| 12. | Italy





  Ministero del Commercio con l'Estero |
| --- | --- |
| Direzione Generale per la Politica Commerciale e per la Gestione del Regime degli Scambi |
| DIV. III |
| Viale America 341 |
| I-00144 Roma |
| Tel. (39-06) 59 64 75 17, 59 93 22 02/22 15 |
| Fax (39-06) 59 93 22 35/22 63 |
| Telex (39-06) 59 64 75 31 |

12.

Ministero del Commercio con l'Estero

Direzione Generale per la Politica Commerciale e per la Gestione del Regime degli Scambi

DIV. III

Viale America 341

I-00144 Roma

Tel. (39-06) 59 64 75 17, 59 93 22 02/22 15

Fax (39-06) 59 93 22 35/22 63

Telex (39-06) 59 64 75 31

| 13. | Latvia





  Ekonomikas ministrija |
| --- | --- |
| Brīvības iela 55 |
| LV-1519 Rīga |
| Tel. (371) 701 30 06 |
| Fax (371) 728 08 82 |

13.

Ekonomikas ministrija

Brīvības iela 55

LV-1519 Rīga

Tel. (371) 701 30 06

Fax (371) 728 08 82

| 14. | Lithuania





  Lietuvos Respublikos Ūkio Ministerija |
| --- | --- |
| Gedimino Ave 38/2 |
| LT-2600 Vilnius |
| Tel. (370-5) 262 50 30/(370-5) 262 87 50 |
| Fax (370-5) 262 39 74 |

14.

Lietuvos Respublikos Ūkio Ministerija

Gedimino Ave 38/2

LT-2600 Vilnius

Tel. (370-5) 262 50 30/(370-5) 262 87 50

Fax (370-5) 262 39 74

| 15. | Luxembourg





  Ministère des Affaires Etrangères |
| --- | --- |
| Office des licences |
| Boîte postale 113 |
| L-2011 Luxembourg |
| Tel. (352) 478 23 71 |
| Fax (352) 46 61 38 |

15.

Ministère des Affaires Etrangères

Office des licences

Boîte postale 113

L-2011 Luxembourg

Tel. (352) 478 23 71

Fax (352) 46 61 38

| 16. | Malta





  Ministry of Finance and Economic Affairs |
| --- | --- |
| Trade Services Directorate, Commerce Division Lascaris |
| MT-Valletta CMR02 Malta |
| Tel. (356-21) 24 68 00 |
| Fax (356-2) 12 515 15 |

16.

Ministry of Finance and Economic Affairs

Trade Services Directorate, Commerce Division Lascaris

MT-Valletta CMR02 Malta

Tel. (356-21) 24 68 00

Fax (356-2) 12 515 15

| 17. | Netherlands





  Belastingdienst/Douane |
| --- | --- |
| Centrale dienst voor in- en uitvoer |
| Engelse Kamp 2 |
| Postbus 30003 |
| NL-9700 RD Groningen |
| Nederland |
| Tel. (31-50) 523 91 11 |
| Fax (31-50) 523 22 10 |

17.

Belastingdienst/Douane

Centrale dienst voor in- en uitvoer

Engelse Kamp 2

Postbus 30003

NL-9700 RD Groningen

Nederland

Tel. (31-50) 523 91 11

Fax (31-50) 523 22 10

| 18. | Poland





  Ministerstwo Gospodarki, Pracy i Polityki Społecznej |
| --- | --- |
| Pl. Trzech Krzyży 3/5 |
| PL-00-950 Warszawa |
| Tel. (48-22) 693 55 53 |
| Fax (48-22) 693 40 21 |

18.

Ministerstwo Gospodarki, Pracy i Polityki Społecznej

Pl. Trzech Krzyży 3/5

PL-00-950 Warszawa

Tel. (48-22) 693 55 53

Fax (48-22) 693 40 21

| 19. | Portugal





  Ministério das Finanças |
| --- | --- |
| Direcção Geral das Alfândegas e dos Impostos Especiais sobre o Consumo |
| Rua Terreiro do Trigo |
| Edifício da Alfândega |
| PT-1149-060 Lisboa |
| Tel. (351-21) 881 42 63 |
| Fax (351-21) 881 42 61 |
| E-mail: dsl@dgaiec.min-financas.pt |

19.

Ministério das Finanças

Direcção Geral das Alfândegas e dos Impostos Especiais sobre o Consumo

Rua Terreiro do Trigo

Edifício da Alfândega

PT-1149-060 Lisboa

Tel. (351-21) 881 42 63

Fax (351-21) 881 42 61

E-mail: dsl@dgaiec.min-financas.pt

| 20. | Slovakia





  Ministerstvo Hospodárstva SR |
| --- | --- |
| Odbor výkonu obchodno-politických opatrení |
| Mierová 19 |
| SK-827 15 Bratislava |
| Tel. (421-2) 43 42 39 13/(421-2) 48 54 21 60 |
| Fax (421-2) 43 42 39 19 |

20.

Ministerstvo Hospodárstva SR

Odbor výkonu obchodno-politických opatrení

Mierová 19

SK-827 15 Bratislava

Tel. (421-2) 43 42 39 13/(421-2) 48 54 21 60

Fax (421-2) 43 42 39 19

| 21. | Slovenia





  Ministrstvo za gospodarstvo |
| --- | --- |
| Področje ekonomskih odnosov s tujino |
| Kotnikova 5 |
| SL-1000 Ljubljana |
| Tel. (386-1) 478 35 42 |
| Fax (386-1) 478 36 11 |

21.

Ministrstvo za gospodarstvo

Področje ekonomskih odnosov s tujino

Kotnikova 5

SL-1000 Ljubljana

Tel. (386-1) 478 35 42

Fax (386-1) 478 36 11

| 22. | United Kingdom





  Department of Trade and Industry |
| --- | --- |
| Import Licensing Branch |
| Queensway House |
| West Precinct |
| Billingham |
| UK-TS23 2NF |
| United Kingdom |
| Tel. (44-1642) 36 43 33, 36 43 34 |
| Fax (44-1642) 53 35 57 |

22.

Department of Trade and Industry

Import Licensing Branch

Queensway House

West Precinct

Billingham

UK-TS23 2NF

United Kingdom

Tel. (44-1642) 36 43 33, 36 43 34

Fax (44-1642) 53 35 57

| 23. | Austria





  Bundesministerium für Wirtschaft und Arbeit |
| --- | --- |
| Aussenwirtschaftsadministration |
| Abteilung C2/2 |
| Stubenring 1 |
| A-1011 Wien |
| Tel. (43-1) 711 00-0 |
| Fax (43-1) 711 00-83 86 |

23.

Bundesministerium für Wirtschaft und Arbeit

Aussenwirtschaftsadministration

Abteilung C2/2

Stubenring 1

A-1011 Wien

Tel. (43-1) 711 00-0

Fax (43-1) 711 00-83 86

| 24. | Sweden





  National Board of Trade |
| --- | --- |
| (Kommerskollegium) |
| Box 6803 |
| S-113 86 Stockholm |
| Tel. (46-8) 690 48 00 |
| Fax (46-8) 30 67 59 |

24.

National Board of Trade

(Kommerskollegium)

Box 6803

S-113 86 Stockholm

Tel. (46-8) 690 48 00

Fax (46-8) 30 67 59

| 25. | Finland





  Tullihallitus/Tullstyrelsen |
| --- | --- |
| Erottajankatu/Skillnadsatan 2 |
| FIN-00101 Helsinki/Helsingfors |
| Tel. (358-9) 61 41 |
| Fax (358-20) 92 28 52 |

25.

Tullihallitus/Tullstyrelsen

Erottajankatu/Skillnadsatan 2

FIN-00101 Helsinki/Helsingfors

Tel. (358-9) 61 41

Fax (358-20) 92 28 52

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/26 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/26

---

COMMISSION REGULATION (EC) No 2172/2004

of 17 December 2004

amending Regulation (EC) No 417/2002 of the European Parliament and of the Council on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (1), and in particular Article 11 thereof,

Whereas:

| (1) | Regulation (EC) No 417/2002 is based on the definitions and standards detailed in Annex I of the International Convention for the Prevention of Pollution from Ships (hereinafter ‘the Marpol Convention”). |
| --- | --- |

(1)

Regulation (EC) No 417/2002 is based on the definitions and standards detailed in Annex I of the International Convention for the Prevention of Pollution from Ships (hereinafter ‘the Marpol Convention”).

| (2) | On 4 December 2003, the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation adopted a number of amendments to Annex I to the Marpol Convention. Those amendments will come into force on 5 April 2005. |
| --- | --- |

(2)

On 4 December 2003, the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation adopted a number of amendments to Annex I to the Marpol Convention. Those amendments will come into force on 5 April 2005.

| (3) | The references in Regulation (EC) No 417/2002 to Annex I to the Marpol Convention have to be updated in the light of those amendments. |
| --- | --- |

(3)

The references in Regulation (EC) No 417/2002 to Annex I to the Marpol Convention have to be updated in the light of those amendments.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 417/2002 is amended as follows:

| 1. | Article 3 is amended as follows:






  (a) | In point 2, the reference to ‘Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002’ is replaced by a reference to ‘Resolution MEPC 111(50) of 4 December 2003 which enters into force on 4 April 2005’. |
| --- | --- | --- |

1.

Article 3 is amended as follows:

(a)

In point 2, the reference to ‘Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002’ is replaced by a reference to ‘Resolution MEPC 111(50) of 4 December 2003 which enters into force on 4 April 2005’.

| (b) | In point 7, the following sentence is added:

  ‘any Category 2 oil tanker shall be provided with segregated ballast tanks protectively located (SBT/PL)’. |
| --- | --- |

(b)

In point 7, the following sentence is added:

‘any Category 2 oil tanker shall be provided with segregated ballast tanks protectively located (SBT/PL)’.

| (c) | Point 10 is replaced by the following:






  ‘10. | “double-hull oil tanker” shall mean:






  a) | an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or |
| --- | --- | --- | --- |

(c)

Point 10 is replaced by the following:

‘10.

“double-hull oil tanker” shall mean:

a)

an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or

| b) | an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance w as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. |
| --- | --- |

b)

an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance w as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’.

| 2. | In Article 6, the reference to ‘MEPC Resolution 94(46) of 27 April 2001’ is replaced by a reference to ‘MEPC Resolution 94(46) of 27 April 2001 as amended by MEPC Resolution 99(48) of 11 October 2002 and by MEPC Resolution 112(50) of 4 December 2003’. |
| --- | --- |

2.

In Article 6, the reference to ‘MEPC Resolution 94(46) of 27 April 2001’ is replaced by a reference to ‘MEPC Resolution 94(46) of 27 April 2001 as amended by MEPC Resolution 99(48) of 11 October 2002 and by MEPC Resolution 112(50) of 4 December 2003’.

| 3. | In Article 11, the reference to ‘Resolutions MEPC 94(46) and 95(46)’ is replaced by a reference to ‘Resolutions MEPC 111(50) and MEPC Resolution 94(46) as amended by MEPC Resolution 99(48) and MEPC Resolution 112(50)’. |
| --- | --- |

3.

In Article 11, the reference to ‘Resolutions MEPC 94(46) and 95(46)’ is replaced by a reference to ‘Resolutions MEPC 111(50) and MEPC Resolution 94(46) as amended by MEPC Resolution 99(48) and MEPC Resolution 112(50)’.

Article 2

This Regulation shall enter into force on the 20th 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, 17 December 2004.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 64, 7.3.2002, p.1. Regulation as last amended by Regulation (EC) No 1726/2003 (OJ L 249, 1.10.2003, p. 1).

1

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/28 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/28

---

COMMISSION REGULATION (EC) No 2173/2004

of 17 December 2004

fixing the export refunds on pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), and in particular the second paragraph of Article 13(3) thereof,

Whereas:

| (1) | Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund.

| (2) | It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below. |
| --- | --- |

(2)

It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below.

| (3) | In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81. |
| --- | --- |

(3)

In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81.

| (4) | Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations. |
| --- | --- |

(4)

Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations.

| (5) | Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination. |
| --- | --- |

(5)

Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.

| (6) | The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2). |
| --- | --- |

(6)

The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2).

| (7) | Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5). |
| --- | --- |

(7)

Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5).

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

The list of products on which the export refund specified in Article 13 of Regulation (EEC) No 2759/75 is granted and the amount of the refund shall be as set out in the Annex hereto.

The products concerned must comply with the relevant provisions on health marks laid down in:

| — | Chapter XI of Annex I to Directive 64/433/EEC, |
| --- | --- |

—

Chapter XI of Annex I to Directive 64/433/EEC,

| — | Chapter VI of Annex I to Directive 94/65/EC, |
| --- | --- |

—

Chapter VI of Annex I to Directive 94/65/EC,

| — | Chapter VI of Annex B to Directive 77/99/EEC. |
| --- | --- |

—

Chapter VI of Annex B to Directive 77/99/EEC.

Article 2

This Regulation shall enter into force on 20 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regulation (EC) No 1365/2000 (OJ L 156, 29.6.2000, p. 5).

1

(2)  
  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).

2

(3)  
  OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by Directive 95/23/EC (OJ L 243, 11.10.1995, p. 7).

3

(4)  
  OJ L 368, 31.12.1994, p. 10.

4

(5)  
  OJ L 26, 31.1.1977, p. 85. Directive as last amended by Directive 97/76/EC (OJ L 10, 16.1.1998, p. 25).

5

---

ANNEX

to the Commission Regulation of 17 December 2004 fixing the export refunds on pigmeat

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 0210 11 31 9110 | P08 | EUR/100 kg | 59,50 |
| 0210 11 31 9910 | P08 | EUR/100 kg | 59,50 |
| 0210 19 81 9100 | P08 | EUR/100 kg | 59,50 |
| 0210 19 81 9300 | P08 | EUR/100 kg | 59,50 |
| 1601 00 91 9120 | P08 | EUR/100 kg | 21,50 |
| 1601 00 99 9110 | P08 | EUR/100 kg | 16,50 |
| 1602 41 10 9110 | P08 | EUR/100 kg | 32,00 |
| 1602 41 10 9130 | P08 | EUR/100 kg | 19,00 |
| 1602 42 10 9110 | P08 | EUR/100 kg | 25,00 |
| 1602 42 10 9130 | P08 | EUR/100 kg | 19,00 |
| 1602 49 19 9130 | P08 | EUR/100 kg | 19,00 |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 27.3.2002, p. 1) as amended.
  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:






  P08 | All destinations except for Bulgaria and Romania |

Product code

Destination

Unit of measurement

Amount of refund

0210 11 31 9110

P08

EUR/100 kg

59,50

0210 11 31 9910

P08

EUR/100 kg

59,50

0210 19 81 9100

P08

EUR/100 kg

59,50

0210 19 81 9300

P08

EUR/100 kg

59,50

1601 00 91 9120

P08

EUR/100 kg

21,50

1601 00 99 9110

P08

EUR/100 kg

16,50

1602 41 10 9110

P08

EUR/100 kg

32,00

1602 41 10 9130

P08

EUR/100 kg

19,00

1602 42 10 9110

P08

EUR/100 kg

25,00

1602 42 10 9130

P08

EUR/100 kg

19,00

1602 49 19 9130

P08

EUR/100 kg

19,00

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 27.3.2002, p. 1) as amended.

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:

P08

All destinations except for Bulgaria and Romania

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/31 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/31

---

COMMISSION REGULATION (EC) No 2174/2004

of 17 December 2004

fixing the minimum selling prices for butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

| (1) | The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter from intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly. |
| --- | --- |

(1)

The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter from intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.

| (2) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The minimum selling prices of butter from intervention stocks and processing securities applying for the 154th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 921/2004 (OJ L 163, 30.4.2004, p. 94).

2

---

ANNEX

to the Commission Regulation of 17 December 2004 fixing the minimum selling prices for butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

| (EUR/100 kg) |
| --- |
| Formula | A | B |
| Incorporation procedure | With tracers | Without tracers | With tracers | Without tracers |
| Minimum selling price | Butter ≥ 82 % | Unaltered | 211,1 | 214,25 | — | 215,1 |
| Concentrated | 208,5 | — | — | — |
| Processing security | Unaltered | 73 | 73 | — | 73 |
| Concentrated | 73 | — | — | — |

(EUR/100 kg)

Formula

A

B

Incorporation procedure

With tracers

Without tracers

With tracers

Without tracers

Minimum selling price

Butter ≥ 82 %

Unaltered

211,1

214,25

—

215,1

Concentrated

208,5

—

—

—

Processing security

Unaltered

73

73

—

73

Concentrated

73

—

—

—

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/33 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/33

---

COMMISSION REGULATION (EC) No 2175/2004

of 17 December 2004

fixing the maximum aid for cream, butter and concentrated butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

| (1) | The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly. |
| --- | --- |

(1)

The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.

| (2) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The maximum aid and processing securities applying for the 154th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 921/2004 (OJ L 163, 30.4.2004, p. 94).

2

---

ANNEX

to the Commission Regulation of 17 December 2004 fixing the maximum aid for cream, butter and concentrated butter for the 154th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97

| (EUR/100 kg) |
| --- |
| Formula | A | B |
| Incorporation procedure | With tracers | Without tracers | With tracers | Without tracers |
| Maximum aid | Butter ≥ 82 % | 58 | 54 | 58 | 54 |
| Butter < 82 % | 56 | 52 | — | — |
| Concentrated butter | 69 | 65 | 69 | 65 |
| Cream | | | 26 | 23 |
| Processing security | Butter | 64 | — | 64 | — |
| Concentrated butter | 76 | — | 76 | — |
| Cream | — | — | 29 | — |

(EUR/100 kg)

Formula

A

B

Incorporation procedure

With tracers

Without tracers

With tracers

Without tracers

Maximum aid

Butter ≥ 82 %

58

54

58

54

Butter < 82 %

56

52

—

—

Concentrated butter

69

65

69

65

Cream

26

23

Processing security

Butter

64

—

64

—

Concentrated butter

76

—

76

—

Cream

—

—

29

—

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/35 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/35

---

COMMISSION REGULATION (EC) No 2176/2004

of 17 December 2004

concerning the 73rd special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

| (1) | Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed-milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them. |
| --- | --- |

(1)

Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed-milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

| (2) | According to Article 30 of Regulation (EC) No 2799/1999, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. |
| --- | --- |

(2)

According to Article 30 of Regulation (EC) No 2799/1999, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award.

| (3) | On the basis of the examination of the offers received, the tendering procedure should not be proceeded with. |
| --- | --- |

(3)

On the basis of the examination of the offers received, the tendering procedure should not be proceeded with.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 73rd individual invitation to tender pursuant to Regulation (EC) No 2799/1999, in respect of which the time limit for the submission of tenders expired on 14 December 2004, no award shall be made.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 340, 31.12.1999, p. 3. Regulation as last amended by Regulation (EC) No 1839/2004 (OJ L 322, 23.10.2004, p. 4).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/36 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/36

---

COMMISSION REGULATION (EC) No 2177/2004

of 17 December 2004

fixing the minimum selling price for butter for the 10th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

| (1) | Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them. |
| --- | --- |

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.

| (2) | In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999. |
| --- | --- |

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.

| (3) | In the light of the tenders received, a minimum selling price should be fixed. |
| --- | --- |

(3)

In the light of the tenders received, a minimum selling price should be fixed.

| (4) | The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(4)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

For the 10th individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 14 December 2004, the minimum selling price for butter is fixed at 270 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 1932/2004 (OJ L 333, 9.11.2004, p. 4).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/37 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/37

---

COMMISSION REGULATION (EC) No 2178/2004

of 17 December 2004

fixing the minimum selling price for skimmed-milk powder for the 9th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

| (1) | Pursuant to Article 21 of Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them. |
| --- | --- |

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

| (2) | In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 214/2001. |
| --- | --- |

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 214/2001.

| (3) | In the light of the tenders received, a minimum selling price should be fixed. |
| --- | --- |

(3)

In the light of the tenders received, a minimum selling price should be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 9th individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 14 December 2004, the minimum selling price for skimmed milk is fixed at 204,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 1675/2004 (OJ L 300, 25.9.2004, p. 12).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/38 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/38

---

COMMISSION REGULATION (EC) No 2179/2004

of 17 December 2004

fixing the maximum aid for concentrated butter for the 326th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

| (1) | In accordance with Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 6 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 % or a decision is to be taken to make no award; the end-use security must be fixed accordingly. |
| --- | --- |

(1)

In accordance with Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 6 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 % or a decision is to be taken to make no award; the end-use security must be fixed accordingly.

| (2) | In the light of the tenders received, the maximum aid should be fixed at the level specified below and the end-use security determined accordingly. |
| --- | --- |

(2)

In the light of the tenders received, the maximum aid should be fixed at the level specified below and the end-use security determined accordingly.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

For the 326th tender under the standing invitation to tender opened by Regulation (EEC) No 429/90 the maximum aid and the end-use security are fixed as follows:

| — | maximum aid: |
| --- | --- |

—

maximum aid:

69 EUR/100 kg,

| — | end-use security: |
| --- | --- |

—

end-use security:

76 EUR/100 kg.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 45, 21.2.1990, p. 8. Regulation as last amended by Commission Regulation (EC) No 921/2004 (OJ L 163, 30.4.2004, p. 94).

2

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/39 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/39

---

COMMISSION REGULATION (EC) No 2180/2004

of 17 December 2004

amending the import duties in the cereals sector applicable from 18 December 2004

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 2142/2004 (3). |
| --- | --- |

(1)

The import duties in the cereals sector are fixed by Commission Regulation (EC) No 2142/2004 (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 2142/2004, |
| --- | --- |

(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 2142/2004,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 2142/2004 are hereby replaced by Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on 18 December 2004.

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

Done at Brussels, 17 December 2004.

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 369, 16.12.2004, p. 55.

3

---

ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 18 December 2004

| CN code | Description | Import duty (1)

  (EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 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 | 47,57 |
| 1005 10 90 | Maize seed other than hybrid | 52,37 |
| 1005 90 00 | Maize other than seed (2) | 52,37 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 47,57 |

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

0,00

low quality

0,00

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

47,57

1005 10 90

Maize seed other than hybrid

52,37

1005 90 00

Maize other than seed (2)

52,37

1007 00 90

Grain sorghum other than hybrids for sowing

47,57

---

(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

period from 15.12.2004-16.12.2004

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) | 109,43  (*3) | 59,79 | 156,74  (*4) | 146,74  (*4) | 126,74  (*4) | 78,13  (*4) |
| Gulf premium (EUR/t) | — | 11,13 | — | | | — |
| Great Lakes premium (EUR/t) | 23,12 | — | — | | | — |

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)

109,43  (*3)

59,79

156,74  (*4)

146,74  (*4)

126,74  (*4)

78,13  (*4)

Gulf premium (EUR/t)

—

11,13

—

—

Great Lakes premium (EUR/t)

23,12

—

—

—

2.

Freight/cost: Gulf of Mexico–Rotterdam: 32,77 EUR/t; Great Lakes–Rotterdam: 46,26 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

(*4)  Fob Duluth.

*4

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/42 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/42

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REGULATION (EC) No 2181/2004 OF THE EUROPEAN CENTRAL BANK

of 16 December 2004

amending Regulation (EC) No 2423/2001 (ECB/2001/13) concerning the consolidated balance sheet of the monetary financial institutions sector and Regulation (EC) No 63/2002 (ECB/2001/18) concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations

(ECB/2004/21)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1), and in particular Articles 5(1) and 6(4) thereof,

Whereas:

| (1) | Regulation (EC) No 2423/2001 of the European Central Bank of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/2001/13) (2), requires monetary financial institutions (MFIs) to report, inter alia, monthly statistical information relating to their end-of-month balance sheets for the purposes of producing the consolidated balance sheet of the MFI sector. |
| --- | --- |

(1)

Regulation (EC) No 2423/2001 of the European Central Bank of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/2001/13) (2), requires monetary financial institutions (MFIs) to report, inter alia, monthly statistical information relating to their end-of-month balance sheets for the purposes of producing the consolidated balance sheet of the MFI sector.

| (2) | Regulation (EC) No 2423/2001 (ECB/2001/13) provides that the accounting rules to be followed in reporting are those laid down in the national transposition of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (3), and in any other international standards applicable. Both national accounting legislation and international standards have changed since the adoption of Regulation (EC) No 2423/2001 (ECB/2001/13). Directive 86/635/EEC has been amended to the effect that certain financial instruments may be valued at fair value. International accounting standards may also provide for the valuation of certain financial instruments at fair value. |
| --- | --- |

(2)

Regulation (EC) No 2423/2001 (ECB/2001/13) provides that the accounting rules to be followed in reporting are those laid down in the national transposition of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (3), and in any other international standards applicable. Both national accounting legislation and international standards have changed since the adoption of Regulation (EC) No 2423/2001 (ECB/2001/13). Directive 86/635/EEC has been amended to the effect that certain financial instruments may be valued at fair value. International accounting standards may also provide for the valuation of certain financial instruments at fair value.

| (3) | For the purposes of the statistical information which the European Central Bank (ECB) needs to fulfil its tasks, deposit liabilities and loans have to be reported at their nominal value. |
| --- | --- |

(3)

For the purposes of the statistical information which the European Central Bank (ECB) needs to fulfil its tasks, deposit liabilities and loans have to be reported at their nominal value.

| (4) | In light of the above, it has become necessary to amend Regulation (EC) No 2423/2001 (ECB/2001/13) to include an explicit requirement regarding the reporting of deposit liabilities and loans at nominal value. |
| --- | --- |

(4)

In light of the above, it has become necessary to amend Regulation (EC) No 2423/2001 (ECB/2001/13) to include an explicit requirement regarding the reporting of deposit liabilities and loans at nominal value.

| (5) | At the same time, given the current stage in the process of harmonisation in the field of statistics that has been reached as a result of Regulation (EC) No 2423/2001 (ECB/2001/13), it is desirable to continue to apply the valuation rules that have until now been applied to provisioned loans and purchased loans. Therefore, national central banks may allow existing valuation rules to apply to such loans until the ECB updates these rules in order to harmonise reporting further. |
| --- | --- |

(5)

At the same time, given the current stage in the process of harmonisation in the field of statistics that has been reached as a result of Regulation (EC) No 2423/2001 (ECB/2001/13), it is desirable to continue to apply the valuation rules that have until now been applied to provisioned loans and purchased loans. Therefore, national central banks may allow existing valuation rules to apply to such loans until the ECB updates these rules in order to harmonise reporting further.

| (6) | In view of the possibility that some MFIs may value debt securities issued at fair value, it is necessary to clarify the scope of the reporting of the ‘other revaluation’ adjustments in respect of price revaluation of securities. |
| --- | --- |

(6)

In view of the possibility that some MFIs may value debt securities issued at fair value, it is necessary to clarify the scope of the reporting of the ‘other revaluation’ adjustments in respect of price revaluation of securities.

| (7) | As a consequence of the above, Regulation (EC) No 63/2002 (ECB/2001/18) of the European Central Bank of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (4), should also be amended, |
| --- | --- |

(7)

As a consequence of the above, Regulation (EC) No 63/2002 (ECB/2001/18) of the European Central Bank of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (4), should also be amended,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2423/2001 (ECB/2001/13) is amended as follows:

Annex I is amended in accordance with Annex I to this Regulation.

Article 2

Regulation (EC) No 63/2002 (ECB/2001/18) is amended as follows:

Annex II is amended in accordance with Annex II to this Regulation.

Article 3

This Regulation shall enter into force on 1 January 2005.

Done at Frankfurt am Main, 16 December 2004.

For the Governing Council of the ECB

The President of the ECB

Jean-Claude TRICHET

---

(1)  
  OJ L 318, 27.11.1998, p. 8.

1

(2)  
  OJ L 333, 17.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 1746/2003 (ECB/2003/10) (OJ L 250, 2.10.2003, p. 17).

2

(3)  
  OJ L 372, 31.12.1986, p. 1. Directive as last amended by Directive 2003/51/EC of the European Parliament and of the Council (OJ L 178, 17.7.2003, p. 16).

3

(4)  
  OJ L 10, 12.1.2002, p. 24.

4

---

ANNEX I

Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13) is amended as follows:

| 1. | part 1, section II is replaced by the following:
  ‘II   Accounting rules
  Unless otherwise provided for in this Regulation, the accounting rules followed by MFIs for the purposes of reporting under this Regulation are those laid down in the national transposition of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (*1), as well as in any other international standards applicable. Without prejudice to accounting practices and netting arrangements prevailing in Member States, all financial assets and liabilities are reported on a gross basis for statistical purposes.’;

  (*1)  
  OJ L 372, 31.12.1986, p. 1." |
| --- | --- |

1.

part 1, section II is replaced by the following:

‘II   Accounting rules

Unless otherwise provided for in this Regulation, the accounting rules followed by MFIs for the purposes of reporting under this Regulation are those laid down in the national transposition of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (*1), as well as in any other international standards applicable. Without prejudice to accounting practices and netting arrangements prevailing in Member States, all financial assets and liabilities are reported on a gross basis for statistical purposes.’;

(*1)  
  OJ L 372, 31.12.1986, p. 1."

| 2. | in part 1, section III the following paragraphs are added:

  ‘Statistical valuation of deposit liabilities and loans








  15. | Deposit liabilities and loans are reported, for the purposes of this Regulation, at the nominal amount outstanding at the end of the month and on a gross basis. Nominal amount means the amount of principal that a debtor is contractually obliged to repay to a creditor. |
| --- | --- | --- |

2.

in part 1, section III the following paragraphs are added:

‘Statistical valuation of deposit liabilities and loans

15.

| 16. | NCBs may allow the reporting of provisioned loans net of provisions and the reporting of purchased loans at the price agreed at the time of their acquisition, provided that such reporting practices are applied by all resident reporting agents and are necessary to maintain continuity in the statistical valuation of loans with the data reported for periods prior to January 2005.’; |
| --- | --- |

16.

| 3. | in part 1, section IV the following paragraph 10 is added:

  ‘Statistical valuation of deposit liabilities and loans








  10. | Deposit liabilities and loans are reported according to the rules set out for monthly stocks in paragraphs 15 and 16 of section III.’; |
| --- | --- | --- |

3.

in part 1, section IV the following paragraph 10 is added:

‘Statistical valuation of deposit liabilities and loans

10.

| 4. | paragraph 11 of part 1, section V is replaced by the following:






  ‘11. | The adjustment in respect of the price revaluation of securities refers to fluctuations in the valuation of securities that arise because of a change in the price at which securities are recorded or traded. The adjustment includes the changes that occur over time in the value of end-period balance sheet stocks because of changes in the reference value at which securities are recorded, i.e. potential gains/losses. It may also contain valuation changes that arise from transactions in securities i.e. realised gains/losses.’; |
| --- | --- | --- |

4.

paragraph 11 of part 1, section V is replaced by the following:

‘11.

| 5. | paragraph 12 of Part 1, Section V is replaced by the following:






  ‘12. | No minimum reporting requirement is established for the liability side of the balance sheet. However, if valuation practices applied by reporting agents to debt securities issued result in changes to their end-period stocks, NCBs are permitted to collect data relating to such changes. Such data are reported as “other revaluation” adjustments.’; |
| --- | --- | --- |

5.

paragraph 12 of Part 1, Section V is replaced by the following:

‘12.

| 6. | the table entitled ‘Detailed description of instrument categories of the monthly aggregated balance sheet of the MFI sector’ in part 3 is amended as follows:






  (a) | the fourth indent of point 7 (Remaining assets) is replaced by the following:






  ‘— | accrued interest receivable on loans
  In accordance with the general principle of accruals accounting, interest receivable on loans should be subject to on-balance-sheet recording as it accrues (i.e. on an accruals basis) rather than when it is actually received (i.e. on a cash basis). Accrued interest on loans is classified on a gross basis under the category ‘remaining assets’. Accrued interest is excluded from the loan to which it relates.’. |
| --- | --- | --- | --- |

6.

the table entitled ‘Detailed description of instrument categories of the monthly aggregated balance sheet of the MFI sector’ in part 3 is amended as follows:

(a)

the fourth indent of point 7 (Remaining assets) is replaced by the following:

‘—

accrued interest receivable on loans

In accordance with the general principle of accruals accounting, interest receivable on loans should be subject to on-balance-sheet recording as it accrues (i.e. on an accruals basis) rather than when it is actually received (i.e. on a cash basis). Accrued interest on loans is classified on a gross basis under the category ‘remaining assets’. Accrued interest is excluded from the loan to which it relates.’.

| (b) | the fourth indent of point 13 (Remaining liabilities) is replaced by the following:






  ‘— | accrued interest payable on deposits
  In accordance with the general principle of accruals accounting, interest payable on deposits should be subject to on-balance-sheet recording as it accrues (i.e. on an accruals basis) rather than when it is actually paid (i.e. on a cash basis). Accrued interest on deposits is classified on a gross basis under the category “remaining liabilities”. Accrued interest is excluded from the deposit to which it relates.’ |
| --- | --- | --- |

(b)

the fourth indent of point 13 (Remaining liabilities) is replaced by the following:

‘—

accrued interest payable on deposits

In accordance with the general principle of accruals accounting, interest payable on deposits should be subject to on-balance-sheet recording as it accrues (i.e. on an accruals basis) rather than when it is actually paid (i.e. on a cash basis). Accrued interest on deposits is classified on a gross basis under the category “remaining liabilities”. Accrued interest is excluded from the deposit to which it relates.’

---

(*1)  
  OJ L 372, 31.12.1986, p. 1.’

---

ANNEX II

Annex II to Regulation (EC) No 63/2002 (ECB/2001/18) is amended as follows:

Paragraph 42 of part 4, section XIII is replaced by the following:

| ‘42. | Unless otherwise stated in the following paragraphs, the instrument breakdown for MFI interest rates and the definitions of the types of instruments shall follow the asset and liability categories as set out in Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13).’. |
| --- | --- |

‘42.

---

II Acts whose publication is not obligatory

Council

| 18.12.2004 | EN | Official Journal of the European Union | L 371/46 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/46

---

COUNCIL DECISION

of 6 December 2004

appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions

(2004/865/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Luxembourg Government,

Whereas:

| (1) | On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1). |
| --- | --- |

(1)

On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).

| (2) | Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Jean ASSELBORN, notified to the Council on 21 September 2004, and Ms Lydia MUTSCH, notified to the Council on 18 October 2004, and four seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Romain SCHNEIDER, Mr Jean-Marie HALSDORF, Mr John LIBER and Mr Lucien LUX, notified to the Council on 18 October 2004, |
| --- | --- |

(2)

Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Jean ASSELBORN, notified to the Council on 21 September 2004, and Ms Lydia MUTSCH, notified to the Council on 18 October 2004, and four seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Romain SCHNEIDER, Mr Jean-Marie HALSDORF, Mr John LIBER and Mr Lucien LUX, notified to the Council on 18 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed to the Committee of the Regions:

| (a) | as members:






  — | Mr Etienne SCHNEIDER,
  Councillor of the municipality of Kayl,
  in place of Ms Lydia MUTSCH |
| --- | --- | --- |

(a)

as members:

—

Mr Etienne SCHNEIDER,

Councillor of the municipality of Kayl,

in place of Ms Lydia MUTSCH

| — | Mr Romain SCHNEIDER,
  Mayor of the town of Wiltz,
  in place of Mr Jean ASSELBORN |
| --- | --- |

—

Mr Romain SCHNEIDER,

Mayor of the town of Wiltz,

in place of Mr Jean ASSELBORN

| (b) | as alternate members:






  — | Mr Roby BIWER,
  Mayor of the town of Bettembourg,
  in place of Mr Lucien LUX |
| --- | --- | --- |

(b)

as alternate members:

—

Mr Roby BIWER,

Mayor of the town of Bettembourg,

in place of Mr Lucien LUX

| — | Mr Norbert HAUPERT,
  Councillor of the municipality of Mondercange,
  in place of Mr Jean-Marie HALSDORF |
| --- | --- |

—

Mr Norbert HAUPERT,

Councillor of the municipality of Mondercange,

in place of Mr Jean-Marie HALSDORF

| — | Ms Lydia MUTSCH,
  Mayor of the town of Esch-sur-Alzette,
  in place of Mr Romain SCHNEIDER |
| --- | --- |

—

Ms Lydia MUTSCH,

Mayor of the town of Esch-sur-Alzette,

in place of Mr Romain SCHNEIDER

| — | Ms Ferny NICKLAUS-FABER,
  Councillor of the municipality of Luxembourg,
  in place of Mr John LIBER |
| --- | --- |

—

Ms Ferny NICKLAUS-FABER,

Councillor of the municipality of Luxembourg,

in place of Mr John LIBER

for the remainder of their term of office, which runs until 25 January 2006.

Done at Brussels, 6 December 2004.

For the Council

The President

H. HOOGERVORST

---

(1)  
  OJ L 24, 26.1.2002, p. 38.

1

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/47 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/47

---

COUNCIL DECISION

of 13 December 2004

authorising the Republic of Austria to apply a measure derogating from Article 17 of the Sixth Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/866/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — common system of value added tax: uniform basis of assessment (1), and in particular Article 27(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | By letter registered at the Commission's Secretariat-General on 12 December 2003, the Austrian authorities requested authorisation to apply a special measure derogating from Article 17 of Directive 77/388/EEC. |
| --- | --- |

(1)

By letter registered at the Commission's Secretariat-General on 12 December 2003, the Austrian authorities requested authorisation to apply a special measure derogating from Article 17 of Directive 77/388/EEC.

| (2) | The other Member States were informed of this request on 26 March 2004. |
| --- | --- |

(2)

The other Member States were informed of this request on 26 March 2004.

| (3) | The derogating measure is intended completely to exclude the value-added tax (VAT) which is charged on expenditure on goods and services from the right to deduct when over 90 % of the goods and services are used for the private purposes of the taxable person, or of his employees, or, more generally, for non-business purposes. This derogating measure represents a derogation from Article 17 and is justified by the need to simplify the levying of VAT. |
| --- | --- |

(3)

The derogating measure is intended completely to exclude the value-added tax (VAT) which is charged on expenditure on goods and services from the right to deduct when over 90 % of the goods and services are used for the private purposes of the taxable person, or of his employees, or, more generally, for non-business purposes. This derogating measure represents a derogation from Article 17 and is justified by the need to simplify the levying of VAT.

| (4) | The duration of the authorisation should be limited to 31 December 2009. This maximum period will allow an evaluation to be made of the advisability of maintaining the derogating measure in the light of Austria's experience over this period. |
| --- | --- |

(4)

The duration of the authorisation should be limited to 31 December 2009. This maximum period will allow an evaluation to be made of the advisability of maintaining the derogating measure in the light of Austria's experience over this period.

| (5) | The derogating measure would have no negative effect on the Community's own resources from VAT, |
| --- | --- |

(5)

The derogating measure would have no negative effect on the Community's own resources from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 17(2) of Directive 77/388/EEC, the Republic of Austria is hereby authorised to exclude expenditure on goods and services from the right to deduct VAT when over 90 % of the goods and services are used for the private purposes of a taxable person, or of his employees, or, more generally, for non-business purposes.

Article 2

This Decision shall apply until 31 December 2009.

Article 3

This Decision is addressed to the Republic of Austria.

Done at Brussels, 13 December 2004.

For the Council

The President

B. R. BOT

---

(1)  
  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

1

---

| 18.12.2004 | EN | Official Journal of the European Union | L 371/48 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/48

---

COUNCIL DECISION

of 13 December 2004

amending Decision 2002/463/EC adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme)

(2004/867/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having regard to the Opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

| (1) | The principal objective of Decision 2002/463/EC (3) is to promote administrative cooperation in the fields of external borders, visas, asylum and immigration. |
| --- | --- |

(1)

The principal objective of Decision 2002/463/EC (3) is to promote administrative cooperation in the fields of external borders, visas, asylum and immigration.

| (2) | In its Communication to the European Parliament and to the Council of 3 June 2003 on the development of a Common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents the Commission puts forward the possibility of revising the ARGO programme for providing financial support to national projects in the area of external borders by addressing specific structural weaknesses at strategic border points that would be identified in agreement with the Member States on the basis of objective criteria. |
| --- | --- |

(2)

In its Communication to the European Parliament and to the Council of 3 June 2003 on the development of a Common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents the Commission puts forward the possibility of revising the ARGO programme for providing financial support to national projects in the area of external borders by addressing specific structural weaknesses at strategic border points that would be identified in agreement with the Member States on the basis of objective criteria.

| (3) | The European Council of Thessaloniki invited the Commission to examine the possibility of appropriating funds under heading 3 of the financial perspectives in order to address, during the period 2004-2006, the most pressing structural needs and to cover a wider definition of solidarity that would include, inter alia, Community support in the management of external borders. |
| --- | --- |

(3)

The European Council of Thessaloniki invited the Commission to examine the possibility of appropriating funds under heading 3 of the financial perspectives in order to address, during the period 2004-2006, the most pressing structural needs and to cover a wider definition of solidarity that would include, inter alia, Community support in the management of external borders.

| (4) | The budgetary authority (4) has substantially increased the appropriations allocated to the ARGO programme for 2004, with a view to better management of the external borders. |
| --- | --- |

(4)

The budgetary authority (4) has substantially increased the appropriations allocated to the ARGO programme for 2004, with a view to better management of the external borders.

| (5) | In order to promote the general objectives of the ARGO programme it is appropriate to increase the number of actions to be proposed in the area of external borders and to envisage new types of action. |
| --- | --- |

(5)

In order to promote the general objectives of the ARGO programme it is appropriate to increase the number of actions to be proposed in the area of external borders and to envisage new types of action.

| (6) | In order to make it more accessible to national administrations, Member States should be able to propose actions which do not necessarily involve other Member States, but which contribute to the general objectives and support the activities in the area of external borders as set out in Decision No 2002/463/EC. |
| --- | --- |

(6)

In order to make it more accessible to national administrations, Member States should be able to propose actions which do not necessarily involve other Member States, but which contribute to the general objectives and support the activities in the area of external borders as set out in Decision No 2002/463/EC.

| (7) | An indicative ceiling should be set on the available appropriations earmarked for actions by a single Member State. |
| --- | --- |

(7)

An indicative ceiling should be set on the available appropriations earmarked for actions by a single Member State.

| (8) | The provisions on the consultation of the ARGO Committee in Decision No 2002/463/EC must be aligned with the new Financial Regulation applicable to the general budget of the European Union (5). |
| --- | --- |

(8)

The provisions on the consultation of the ARGO Committee in Decision No 2002/463/EC must be aligned with the new Financial Regulation applicable to the general budget of the European Union (5).

| (9) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is therefore not bound by it or subject to its application. |
| --- | --- |

(9)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is therefore not bound by it or subject to its application.

| (10) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of the present Decision. |
| --- | --- |

(10)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of the present Decision.

| (11) | In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland is not participating in the adoption of this Decision. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Decision do not apply to Ireland. |
| --- | --- |

(11)

In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland is not participating in the adoption of this Decision. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Decision do not apply to Ireland.

| (12) | Decision No 2002/463/EC should therefore be amended accordingly, |
| --- | --- |

(12)

Decision No 2002/463/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/463/EC is amended as follows:

| 1. | In Article 10 the following paragraph is inserted:

  ‘1a.   Actions referred to in Article 8 and proposed by a national agency of one Member State which implement one of the activities in the policy area referred to in Article 4, shall be eligible for co-financing under the ARGO programme, provided they:






  (a) | pursue one of the general objectives referred to in Article 3; and |
| --- | --- | --- |

1.

In Article 10 the following paragraph is inserted:

‘1a.   Actions referred to in Article 8 and proposed by a national agency of one Member State which implement one of the activities in the policy area referred to in Article 4, shall be eligible for co-financing under the ARGO programme, provided they:

(a)

pursue one of the general objectives referred to in Article 3; and

| (b) | contribute to integrated border management by addressing specific structural weaknesses at strategic border points, identified on the basis of objective criteria.’. |
| --- | --- |

(b)

contribute to integrated border management by addressing specific structural weaknesses at strategic border points, identified on the basis of objective criteria.’.

| 2. | Article 11 is amended as follows:






  (a) | In paragraphs 3, 4 and 6 ‘Article 10(1)’ is replaced by ‘Article 10(1) and (1a)’.; |
| --- | --- | --- |

2.

Article 11 is amended as follows:

(a)

In paragraphs 3, 4 and 6 ‘Article 10(1)’ is replaced by ‘Article 10(1) and (1a)’.;

| (b) | Paragraph 5 is replaced by the following:

  ‘(5)   The decisions to award community grants to the actions referred to in Article 10(1) and (1a) shall be subject to grant agreements between the Commission and the national agencies proposing the actions. The implementation of these award decisions and agreements shall be subject to financial control of the Commission and to audits by the Court of Auditors.’. |
| --- | --- |

(b)

Paragraph 5 is replaced by the following:

‘(5)   The decisions to award community grants to the actions referred to in Article 10(1) and (1a) shall be subject to grant agreements between the Commission and the national agencies proposing the actions. The implementation of these award decisions and agreements shall be subject to financial control of the Commission and to audits by the Court of Auditors.’.

| 3. | Article 12 is amended as follows:






  (a) | Paragraph 3(a) is replaced by the following:






  ‘(a) | prepare an annual work programme comprising specific objectives, thematic priorities, the objective criteria referred to in Article 10(1a)(b), definition of the indicative maximum share of the annual budget available for the actions referred to in Article 10(1a), a description of the actions referred to in Article 10(3) which the Commission intends to undertake and, if necessary, a list of other actions.’; |
| --- | --- | --- | --- |

3.

Article 12 is amended as follows:

(a)

Paragraph 3(a) is replaced by the following:

‘(a)

prepare an annual work programme comprising specific objectives, thematic priorities, the objective criteria referred to in Article 10(1a)(b), definition of the indicative maximum share of the annual budget available for the actions referred to in Article 10(1a), a description of the actions referred to in Article 10(3) which the Commission intends to undertake and, if necessary, a list of other actions.’;

| (b) | Paragraph 4 is replaced by the following:

  ‘4.   The annual work programme including the actions proposed by the Commission and the specific actions provided for in Article 9 shall be adopted according to the procedure referred to in Article 13(2).
  As regards the actions referred to in Article 10(1) and (1a), the list of selected actions shall be adopted according to the procedure referred to in Article 13(3).’. |
| --- | --- |

(b)

Paragraph 4 is replaced by the following:

‘4.   The annual work programme including the actions proposed by the Commission and the specific actions provided for in Article 9 shall be adopted according to the procedure referred to in Article 13(2).

As regards the actions referred to in Article 10(1) and (1a), the list of selected actions shall be adopted according to the procedure referred to in Article 13(3).’.

Article 2

This decision shall apply from the date of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at Brussels, 13 December 2004.

For the Council

The President

B. R. BOT

---

(1)  Opinion delivered on 17.11.2004 (not yet published in the Official Journal).

1

(2)  Opinion delivered on 27.10.2004 (not yet published in the Official Journal).

2

(3)  
  OJ L 161, 19.6.2002, p. 11.

3

(4)  General budget of the EU for the financial year 2004 (OJ L 53, 23.2.2004).

4

(5)  
  OJ L 248, 16.9.2002, p. 1.

5

---

Commission

| 18.12.2004 | EN | Official Journal of the European Union | L 371/50 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/50

---

DECISION No 29/2004 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA

of 5 November 2004

related to the listing of a Conformity Assessment Body under the Sectoral Annex on Electromagnetic Compatibility

(2004/868/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14,

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

HAS DECIDED AS FOLLOWS:

| 1. | The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under the column ‘EC access to the US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility. |
| --- | --- |

1.

| 2. | The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them. |
| --- | --- |

2.

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.

Signed in Washington DC, 25 October 2004.

On behalf of the United States of America

James C. SANFORD

Signed in Brussels, 5 November 2004.

On behalf of the European Community

Joanna KIOUSSI

---

ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under the column ‘EC access to the US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility

| D.A.R.E. Consultancy BV |
| --- |
| Vijzelmolenlaan 7 |
| 3447 GX Woerden |
| Netherlands |
| Tel. (31) 348 430 979 |
| Fax (31) 348 430 645 |

D.A.R.E. Consultancy BV

Vijzelmolenlaan 7

3447 GX Woerden

Netherlands

Tel. (31) 348 430 979

Fax (31) 348 430 645

---

Corrigenda

| 18.12.2004 | EN | Official Journal of the European Union | L 371/52 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

L 371/52

---

Corrigendum to 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

(
  Official Journal of the European Union L 368 of 15 December 2004
  )

On page 21, in the table which appears in Annex 1, fifth column, ‘Origin’, on the last line:

for:

‘02’,

read:

‘03’.

---