# Official Journal L 148/11 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 148 |
| | |
| English edition | Legislation | Volume 4811 June 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 148

English edition

Legislation

Volume 4811 June 2005

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| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 880/2005 of 10 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 881/2005 of 10 June 2005 on the issue of import licences for high-quality fresh, chilled or frozen beef and veal | 3 |
| | | Commission Regulation (EC) No 882/2005 of 10 June 2005 fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004 | 4 |
| | * | Commission Regulation (EC) No 883/2005 of 10 June 2005 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (
  1
  ) | 5 |
| | * | Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures for conducting Commission inspections in the field of maritime security (
  1
  ) | 25 |
| | * | Commission Regulation (EC) No 885/2005 of 10 June 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designation of origin and protected geographical indications (Olive de Nice) — (PDO) | 30 |
| | * | Commission Regulation (EC) No 886/2005 of 10 June 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designations of origin and protected geographical indications (Miel de Granada) — (PDO) | 32 |
| | | Commission Regulation (EC) No 887/2005 of 10 June 2005 opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for certain wines in Greece | 34 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 880/2005 of 10 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 881/2005 of 10 June 2005 on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

3

Commission Regulation (EC) No 882/2005 of 10 June 2005 fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004

4

*

Commission Regulation (EC) No 883/2005 of 10 June 2005 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (
  1
  )

1

5

*

Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures for conducting Commission inspections in the field of maritime security (
  1
  )

1

25

*

Commission Regulation (EC) No 885/2005 of 10 June 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designation of origin and protected geographical indications (Olive de Nice) — (PDO)

30

*

Commission Regulation (EC) No 886/2005 of 10 June 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designations of origin and protected geographical indications (Miel de Granada) — (PDO)

32

Commission Regulation (EC) No 887/2005 of 10 June 2005 opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for certain wines in Greece

34

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 2 June 2005 establishing a specific monitoring programme related to the recovery of cod stocks
  (notified under document number C(2005) 1538) | 36 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 2 June 2005 establishing a specific monitoring programme related to the recovery of cod stocks
  (notified under document number C(2005) 1538)

(notified under document number C(2005) 1538)

36

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

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(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.

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I Acts whose publication is obligatory

| 11.6.2005 | EN | Official Journal of the European Union | L 148/1 |
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11.6.2005

EN

Official Journal of the European Union

L 148/1

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COMMISSION REGULATION (EC) No 880/2005

of 10 June 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 11 June 2005.

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

Done at Brussels, 10 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

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ANNEX

to Commission Regulation of 10 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 58,6 |
| 204 | 50,1 |
| 999 | 54,4 |
| 0707 00 05 | 052 | 88,2 |
| 999 | 88,2 |
| 0709 90 70 | 052 | 92,6 |
| 999 | 92,6 |
| 0805 50 10 | 324 | 59,0 |
| 388 | 64,0 |
| 528 | 60,7 |
| 624 | 63,4 |
| 999 | 61,8 |
| 0808 10 80 | 388 | 87,2 |
| 400 | 131,9 |
| 404 | 78,8 |
| 508 | 69,5 |
| 512 | 67,2 |
| 524 | 70,5 |
| 528 | 67,0 |
| 720 | 82,0 |
| 804 | 90,9 |
| 999 | 82,8 |
| 0809 10 00 | 052 | 178,9 |
| 624 | 183,0 |
| 999 | 181,0 |
| 0809 20 95 | 052 | 308,9 |
| 068 | 238,7 |
| 400 | 427,3 |
| 999 | 325,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

58,6

204

50,1

999

54,4

0707 00 05

052

88,2

999

88,2

0709 90 70

052

92,6

999

92,6

0805 50 10

324

59,0

388

64,0

528

60,7

624

63,4

999

61,8

0808 10 80

388

87,2

400

131,9

404

78,8

508

69,5

512

67,2

524

70,5

528

67,0

720

82,0

804

90,9

999

82,8

0809 10 00

052

178,9

624

183,0

999

181,0

0809 20 95

052

308,9

068

238,7

400

427,3

999

325,0

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

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| 11.6.2005 | EN | Official Journal of the European Union | L 148/3 |
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11.6.2005

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Official Journal of the European Union

L 148/3

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COMMISSION REGULATION (EC) No 881/2005

of 10 June 2005

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

| (1) | Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f). |
| --- | --- |

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

| (2) | Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t. |
| --- | --- |

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t.

| (3) | It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit, |
| --- | --- |

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 June 2005 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of July 2005 for 958,333 t.

Article 2

This Regulation shall enter into force on 11 June 2005.

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

Done at Brussels, 10 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

1

(2)  
  OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

2

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| 11.6.2005 | EN | Official Journal of the European Union | L 148/4 |
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11.6.2005

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Official Journal of the European Union

L 148/4

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COMMISSION REGULATION (EC) No 882/2005

of 10 June 2005

fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 14(3) thereof,

Whereas:

| (1) | An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2032/2004 (2). |
| --- | --- |

(1)

An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2032/2004 (2).

| (2) | Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 14(4) of Regulation (EC) No 1785/2003 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund. |
| --- | --- |

(2)

Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 14(4) of Regulation (EC) No 1785/2003 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.

| (3) | The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1. |
| --- | --- |

(3)

The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

The maximum export refund on wholly milled and parboiled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2032/2004 is hereby fixed on the basis of the tenders submitted from 6 to 9 June 2005 at 57,00 EUR/t.

Article 2

This Regulation shall enter into force on 11 June 2005.

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

Done at Brussels, 10 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 96.

1

(2)  
  OJ L 353, 27.11.2004, p. 6.

2

(3)  
  OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation (EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).

3

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| 11.6.2005 | EN | Official Journal of the European Union | L 148/5 |
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11.6.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 883/2005

of 10 June 2005

amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,

Whereas:

| (1) | The Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 was approved on behalf of the Community by Council Regulation (EEC) No 2112/78 (2) and entered into force in the Community on 20 June 1983 (3). Given the importance of international trade for the Community it is necessary to modernise the customs formalities concerning the TIR procedure. Article 49 of the TIR Convention envisages the application of greater facilities for the benefit of economic operators provided such facilities do not impede the application of the provisions of the Convention. Currently the Community rules concerning the TIR procedure do not provide for the status of authorised consignee. In order to meet the needs of economic operators and to facilitate international trade it is desirable to develop provisions, based on the existing Community/common transit rules, allowing the status of authorised consignee to be used in conjunction with the TIR procedure. |
| --- | --- |

(1)

The Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 was approved on behalf of the Community by Council Regulation (EEC) No 2112/78 (2) and entered into force in the Community on 20 June 1983 (3). Given the importance of international trade for the Community it is necessary to modernise the customs formalities concerning the TIR procedure. Article 49 of the TIR Convention envisages the application of greater facilities for the benefit of economic operators provided such facilities do not impede the application of the provisions of the Convention. Currently the Community rules concerning the TIR procedure do not provide for the status of authorised consignee. In order to meet the needs of economic operators and to facilitate international trade it is desirable to develop provisions, based on the existing Community/common transit rules, allowing the status of authorised consignee to be used in conjunction with the TIR procedure.

| (2) | The Convention on Temporary Admission of 26 June 1990 (the Istanbul Convention) and the Annexes thereto were approved by the European Community by Council Decision 93/329/EEC (4). Annex A to the Istanbul Convention replaces the Customs Convention on the ATA carnet for the temporary admission of goods of 6 December 1961 (the ATA Convention) with regard to relations between countries which have accepted the Istanbul Convention and its Annex A. It is therefore necessary to amend the provisions relating to the ATA procedure to include references to the Istanbul Convention. However, in order to facilitate international trade between the Community and those countries that have not accepted Annex A to the Istanbul Convention, it is appropriate to maintain the references to the ATA Convention. |
| --- | --- |

(2)

The Convention on Temporary Admission of 26 June 1990 (the Istanbul Convention) and the Annexes thereto were approved by the European Community by Council Decision 93/329/EEC (4). Annex A to the Istanbul Convention replaces the Customs Convention on the ATA carnet for the temporary admission of goods of 6 December 1961 (the ATA Convention) with regard to relations between countries which have accepted the Istanbul Convention and its Annex A. It is therefore necessary to amend the provisions relating to the ATA procedure to include references to the Istanbul Convention. However, in order to facilitate international trade between the Community and those countries that have not accepted Annex A to the Istanbul Convention, it is appropriate to maintain the references to the ATA Convention.

| (3) | In the framework of the outward processing procedure, Commission Regulation (EEC) No 2454/93 (5) has, since 2001, permitted partial relief from import duty after outward processing to be calculated on the basis of the costs of the processing operation, in accordance with the ‘value-added method’. However, this method is not allowed if the temporary export goods which are not of Community origin have been released for free circulation at a zero duty rate. Those restrictive conditions for goods which are not of Community origin should be modified in order to promote the use of the value-added method. |
| --- | --- |

(3)

In the framework of the outward processing procedure, Commission Regulation (EEC) No 2454/93 (5) has, since 2001, permitted partial relief from import duty after outward processing to be calculated on the basis of the costs of the processing operation, in accordance with the ‘value-added method’. However, this method is not allowed if the temporary export goods which are not of Community origin have been released for free circulation at a zero duty rate. Those restrictive conditions for goods which are not of Community origin should be modified in order to promote the use of the value-added method.

| (4) | However, in order to avoid an abuse of the system it is desirable to provide that this method of duty relief may be refused if it is established that the sole object of the release for free circulation of the temporary export goods had been to benefit from this relief. |
| --- | --- |

(4)

However, in order to avoid an abuse of the system it is desirable to provide that this method of duty relief may be refused if it is established that the sole object of the release for free circulation of the temporary export goods had been to benefit from this relief.

| (5) | The identity and nationality of means of transport at departure is regarded as mandatory information that has to be entered in box 18 of a transit declaration. At container terminals that have high levels of traffic it may occur that the details of the road means of transport to be used are unknown at the time when the transit formalities are carried out. Nevertheless, the identification of the container in which the goods subject to transit declaration will be carried is available and is already indicated in box 31 of the transit declaration. Given that the goods can be controlled on this basis, it is appropriate to allow box 18 of the transit declaration to be left blank, provided that it can be ensured that the proper details will be subsequently entered in the relevant box. |
| --- | --- |

(5)

The identity and nationality of means of transport at departure is regarded as mandatory information that has to be entered in box 18 of a transit declaration. At container terminals that have high levels of traffic it may occur that the details of the road means of transport to be used are unknown at the time when the transit formalities are carried out. Nevertheless, the identification of the container in which the goods subject to transit declaration will be carried is available and is already indicated in box 31 of the transit declaration. Given that the goods can be controlled on this basis, it is appropriate to allow box 18 of the transit declaration to be left blank, provided that it can be ensured that the proper details will be subsequently entered in the relevant box.

| (6) | Annex 37c and Annex 38 to Regulation (EEC) No 2454/93 both contain lists of packaging codes based on Annex V to Recommendation No 21 of the United Nations Economic Commission for Europe, Rev. 1, of August 1994, hereinafter ‘the UN/ECE Recommendation’. Annex V to the UN/ECE Recommendation, which contains the list of codes, has been revised several times since its introduction in order to adapt it to practice in commerce and transport, the last time being in May 2002 (Revision 4). To enable traders to use the most widely accepted standard and thus to harmonise commercial and administrative practice within the Community as far as possible, it is necessary to provide that the packaging codes used in customs declarations are to reflect the latest version of Annex V to the UN/ECE Recommendation. |
| --- | --- |

(6)

Annex 37c and Annex 38 to Regulation (EEC) No 2454/93 both contain lists of packaging codes based on Annex V to Recommendation No 21 of the United Nations Economic Commission for Europe, Rev. 1, of August 1994, hereinafter ‘the UN/ECE Recommendation’. Annex V to the UN/ECE Recommendation, which contains the list of codes, has been revised several times since its introduction in order to adapt it to practice in commerce and transport, the last time being in May 2002 (Revision 4). To enable traders to use the most widely accepted standard and thus to harmonise commercial and administrative practice within the Community as far as possible, it is necessary to provide that the packaging codes used in customs declarations are to reflect the latest version of Annex V to the UN/ECE Recommendation.

| (7) | In the interests of clarity and rationality, the list of packaging codes should be published solely in Annex 38, to which reference should be made when the list is mentioned in other customs legislation. |
| --- | --- |

(7)

In the interests of clarity and rationality, the list of packaging codes should be published solely in Annex 38, to which reference should be made when the list is mentioned in other customs legislation.

| (8) | The packaging codes are closely linked to the provisions applicable to transit operations as referred to in Articles 367 to 371 and to the new rules on the single administrative document, or form part of them. The new provisions must therefore be applicable for all customs procedures. |
| --- | --- |

(8)

The packaging codes are closely linked to the provisions applicable to transit operations as referred to in Articles 367 to 371 and to the new rules on the single administrative document, or form part of them. The new provisions must therefore be applicable for all customs procedures.

| (9) | A list of the numerical codes used in connection with the transit guarantee, for use on the single administrative document forms, was established by Regulation (EEC) No 2454/93. It is necessary to complete that list, in order to take into account all the situations relating to the guarantee waivers. |
| --- | --- |

(9)

A list of the numerical codes used in connection with the transit guarantee, for use on the single administrative document forms, was established by Regulation (EEC) No 2454/93. It is necessary to complete that list, in order to take into account all the situations relating to the guarantee waivers.

| (10) | As a consequence of the modification of the numerical codes of the transit guarantees, it is also necessary to adapt the corresponding data concerning the New Computerised Transit System. |
| --- | --- |

(10)

As a consequence of the modification of the numerical codes of the transit guarantees, it is also necessary to adapt the corresponding data concerning the New Computerised Transit System.

| (11) | Given that the Convention of 20 May 1987 on a common transit procedure provides that the numerical codes of the transit guarantees are to apply from 1 May 2004, the new codes should apply with effect from that date. |
| --- | --- |

(11)

Given that the Convention of 20 May 1987 on a common transit procedure provides that the numerical codes of the transit guarantees are to apply from 1 May 2004, the new codes should apply with effect from that date.

| (12) | In view of the foregoing, Annexes 37 and 38 to Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 2286/2003, should be amended. It is necessary, however, to make similar amendments also to Annex 37 to Regulation (EEC) No 2454/93, as amended by Commission Regulation (EC) No 444/2002 (6), and Annex 38 to Regulation (EEC) No 2454/93, as amended by Commission Regulation (EC) No 881/2003 (7), since they both remain in force until 1 January 2006. |
| --- | --- |

(12)

In view of the foregoing, Annexes 37 and 38 to Regulation (EEC) No 2454/93, as amended by Regulation (EC) No 2286/2003, should be amended. It is necessary, however, to make similar amendments also to Annex 37 to Regulation (EEC) No 2454/93, as amended by Commission Regulation (EC) No 444/2002 (6), and Annex 38 to Regulation (EEC) No 2454/93, as amended by Commission Regulation (EC) No 881/2003 (7), since they both remain in force until 1 January 2006.

| (13) | Article 531 of Regulation (EEC) No 2454/93 defines the usual forms of handling which are allowed under the customs warehousing procedure. The framework of the permitted activities is established by Article 109(1) of Regulation (EEC) No 2913/92. The usual forms of handling which non-Community goods may undergo are exhaustively listed in Annex 72 to Regulation (EEC) No 2454/93. However, the restrictive scope of this Annex has led to certain problems in practice. Therefore, it is desirable to provide for more flexibility. |
| --- | --- |

(13)

Article 531 of Regulation (EEC) No 2454/93 defines the usual forms of handling which are allowed under the customs warehousing procedure. The framework of the permitted activities is established by Article 109(1) of Regulation (EEC) No 2913/92. The usual forms of handling which non-Community goods may undergo are exhaustively listed in Annex 72 to Regulation (EEC) No 2454/93. However, the restrictive scope of this Annex has led to certain problems in practice. Therefore, it is desirable to provide for more flexibility.

| (14) | Some endorsements on customs documents expressed in the language of certain new Member States are not consistent with the terminology relating to customs matters already used in the languages concerned and adjustments are therefore necessary. |
| --- | --- |

(14)

Some endorsements on customs documents expressed in the language of certain new Member States are not consistent with the terminology relating to customs matters already used in the languages concerned and adjustments are therefore necessary.

| (15) | Since the 2003 Act of Accession took effect on 1 May 2004, those endorsements should be applicable on the same date. |
| --- | --- |

(15)

Since the 2003 Act of Accession took effect on 1 May 2004, those endorsements should be applicable on the same date.

| (16) | Regulation (EEC) No 2454/93 should therefore be amended accordingly. |
| --- | --- |

(16)

Regulation (EEC) No 2454/93 should therefore be amended accordingly.

| (17) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(17)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2454/93 is amended as follows:

| 1. | in the third paragraph of Article 62, the 20th indent is replaced by the following:






  ‘— | Vyhotovené dodatočne’; |
| --- | --- | --- |

1.

in the third paragraph of Article 62, the 20th indent is replaced by the following:

‘—

Vyhotovené dodatočne’;

| 2. | in Article 113(3), the 20th indent is replaced by the following:






  ‘— | VYHOTOVENÉ DODATOČNE’; |
| --- | --- | --- |

2.

in Article 113(3), the 20th indent is replaced by the following:

‘—

VYHOTOVENÉ DODATOČNE’;

| 3. | in Article 314c(3), the 20th indent is replaced by the following:






  ‘— | Vyhotovené dodatočne’; |
| --- | --- | --- |

3.

in Article 314c(3), the 20th indent is replaced by the following:

‘—

Vyhotovené dodatočne’;

| 4. | in Article 324d(2), the 20th indent is replaced by the following:






  ‘— | Oslobodenie od podpisu’; |
| --- | --- | --- |

4.

in Article 324d(2), the 20th indent is replaced by the following:

‘—

Oslobodenie od podpisu’;

| 5. | in the third subparagraph of Article 357(4), the 20th indent is replaced by the following:






  ‘— | Oslobodenie’; |
| --- | --- | --- |

5.

in the third subparagraph of Article 357(4), the 20th indent is replaced by the following:

‘—

Oslobodenie’;

| 6. | in the second subparagraph of Article 361(4), the 20th indent is replaced by the following:






  ‘— | Nezrovnalosti: úrad, ktorému bol tovar dodaný (názov a krajina)’; |
| --- | --- | --- |

6.

in the second subparagraph of Article 361(4), the 20th indent is replaced by the following:

‘—

Nezrovnalosti: úrad, ktorému bol tovar dodaný (názov a krajina)’;

| 7. | in Article 387(2), the 20th indent is replaced by the following:






  ‘— | Oslobodenie od predpísanej trasy’; |
| --- | --- | --- |

7.

in Article 387(2), the 20th indent is replaced by the following:

‘—

Oslobodenie od predpísanej trasy’;

| 8. | in Article 403(2), the 20th indent is replaced by the following:






  ‘— | Oslobodenie od podpisu’; |
| --- | --- | --- |

8.

in Article 403(2), the 20th indent is replaced by the following:

‘—

Oslobodenie od podpisu’;

| 9. | in Article 451(1), ‘/Istanbul Convention’ is inserted after ‘ATA Convention’; |
| --- | --- |

9.

in Article 451(1), ‘/Istanbul Convention’ is inserted after ‘ATA Convention’;

| 10. | the following Articles 454a, 454b and 454c are inserted:

  ‘Article 454a

  1.   Following an application by the consignee, the customs authorities may grant him the status of authorised consignee, thereby authorising him to receive at his premises or at any other specified place goods transported under the TIR procedure.


  2.   The authorisation referred to in paragraph 1 shall be granted only to persons who:






  (a) | are established in the Community; |
| --- | --- | --- |

10.

the following Articles 454a, 454b and 454c are inserted:

‘Article 454a

1.   Following an application by the consignee, the customs authorities may grant him the status of authorised consignee, thereby authorising him to receive at his premises or at any other specified place goods transported under the TIR procedure.

2.   The authorisation referred to in paragraph 1 shall be granted only to persons who:

(a)

are established in the Community;

| (b) | regularly receive goods that have been entered for the TIR procedure, or whose customs authorities know that they can meet the obligations under that procedure; |
| --- | --- |

(b)

regularly receive goods that have been entered for the TIR procedure, or whose customs authorities know that they can meet the obligations under that procedure;

| (c) | have not committed any serious or repeated offences against customs or tax legislation. |
| --- | --- |

(c)

have not committed any serious or repeated offences against customs or tax legislation.

Article 373(2) shall apply mutatis mutandis.

The authorisation shall apply solely in the Member State where the authorisation was granted.

The authorisation shall apply only to TIR operations that have as the final place of unloading the premises specified in the authorisation.

3.   Articles 374 and 375, Article 376(1) and (2), and Articles 377 and 378 shall apply mutatis mutandis to the procedure relating to the application referred to in paragraph 1.

4.   Article 407 shall apply mutatis mutandis with respect to the procedure laid down in the authorisation referred to in paragraph 1.

Article 454b

1.   In respect of goods arriving at his premises or at the place specified in the authorisation referred to in Article 454a, the authorised consignee shall comply with the following obligations, in accordance with the procedure laid down in the authorisation:

| (a) | inform the customs authorities at the office of destination of the arrival of the goods; |
| --- | --- |

(a)

inform the customs authorities at the office of destination of the arrival of the goods;

| (b) | immediately inform the customs authorities at the office of destination of any broken seals, and of any other irregularities such as excess quantities, deficits, or substitutions; |
| --- | --- |

(b)

immediately inform the customs authorities at the office of destination of any broken seals, and of any other irregularities such as excess quantities, deficits, or substitutions;

| (c) | without delay, enter the results of the unloading into his records; |
| --- | --- |

(c)

without delay, enter the results of the unloading into his records;

| (d) | without delay, present to the customs authorities at the office of destination an advice indicating the particulars and condition of any seals affixed and the date of the entry into the records. |
| --- | --- |

(d)

without delay, present to the customs authorities at the office of destination an advice indicating the particulars and condition of any seals affixed and the date of the entry into the records.

2.   The authorised consignee shall ensure that the TIR Carnet is presented, without delay, to the customs authorities at the office of destination.

3.   The customs authorities at the office of destination shall make the necessary endorsements on the TIR Carnet and, in accordance with the procedure laid down in the authorisation, shall ensure that the TIR Carnet is returned to the TIR carnet holder or to the person acting on his behalf.

4.   The date of termination of the TIR operation shall be the date of the entry into the records referred to in point (c) of paragraph 1. However, in the cases referred to in point (b) of paragraph 1, the date of termination of the TIR operation shall be the date of the endorsement of the TIR Carnet.

5.   At the request of the TIR carnet holder, the authorised consignee shall issue a receipt, the form of which shall correspond to a copy of the advice referred to in point (d) of paragraph 1. The receipt shall not be used as proof of the termination of the TIR operation within the meaning of Article 454c(2).

Article 454c

1.   The TIR carnet holder shall have fulfilled his obligations under point (o) of Article 1 of the TIR Convention when the TIR carnet together with the road vehicle, the combination of vehicles or the container and the goods have been delivered intact to the authorised consignee at his premises or at the place specified in the authorisation.

2.   The termination of the TIR operation, within the meaning of point (d) of Article 1 of the TIR Convention, shall have occurred when the requirements of Article 454b(1) and (2) have been met.’;

| 11. | in Article 457c(1), the words ‘or the Istanbul Convention’ are inserted after ‘ATA Convention’; |
| --- | --- |

11.

in Article 457c(1), the words ‘or the Istanbul Convention’ are inserted after ‘ATA Convention’;

| 12. | Article 457d is amended as follows:






  (a) | in paragraph 1, ‘or in Article 8(4) of Annex A to the Istanbul Convention’ is added; |
| --- | --- | --- |

12.

Article 457d is amended as follows:

(a)

in paragraph 1, ‘or in Article 8(4) of Annex A to the Istanbul Convention’ is added;

| (b) | in paragraph 2, ‘or in Article 9(1)(a) and (b) of Annex A to the Istanbul Convention’ is added; |
| --- | --- |

(b)

in paragraph 2, ‘or in Article 9(1)(a) and (b) of Annex A to the Istanbul Convention’ is added;

| (c) | in point (c) of paragraph 3, ‘or in Article 10 of Annex A to the Istanbul Convention’ is added; |
| --- | --- |

(c)

in point (c) of paragraph 3, ‘or in Article 10 of Annex A to the Istanbul Convention’ is added;

| 13. | in Article 459(1), ‘or the Istanbul Convention’ is inserted after ‘ATA Convention’; |
| --- | --- |

13.

in Article 459(1), ‘or the Istanbul Convention’ is inserted after ‘ATA Convention’;

| 14. | Article 461 is amended as follows:






  (a) | in the first sentence of the second subparagraph of paragraph 2, ‘or of the Istanbul Convention’ is added; |
| --- | --- | --- |

14.

Article 461 is amended as follows:

(a)

in the first sentence of the second subparagraph of paragraph 2, ‘or of the Istanbul Convention’ is added;

| (b) | in the first sentence of paragraph 4, ‘or Article 9(1)(b) and (c) of Annex A to the Istanbul Convention’ is added. |
| --- | --- |

(b)

in the first sentence of paragraph 4, ‘or Article 9(1)(b) and (c) of Annex A to the Istanbul Convention’ is added.

| 15. | in Article 580(3), ‘Articles 454, 455’ is replaced by ‘Articles 457c, 457d’; |
| --- | --- |

15.

in Article 580(3), ‘Articles 454, 455’ is replaced by ‘Articles 457c, 457d’;

| 16. | in Article 591, the second subparagraph is replaced by the following:
  ‘Customs authorities shall refuse the calculation of partial relief from import duties under this provision if before the compensating products are released for free circulation it is established that the sole object of the release for free circulation at a zero duty rate of the temporary export goods, which are not of Community origin within the meaning of Title II, Chapter 2, Section 1, of the Code, was to benefit from partial relief under this provision.’; |
| --- | --- |

16.

in Article 591, the second subparagraph is replaced by the following:

‘Customs authorities shall refuse the calculation of partial relief from import duties under this provision if before the compensating products are released for free circulation it is established that the sole object of the release for free circulation at a zero duty rate of the temporary export goods, which are not of Community origin within the meaning of Title II, Chapter 2, Section 1, of the Code, was to benefit from partial relief under this provision.’;

| 17. | in Article 843(2), the 16th and 17th indents are replaced by the following:






  ‘— | A kilépés a Közösség területéről a ... rendelet/irányelv/határozat szerinti korlátozás vagy teher megfizetésének kötelezettsége alá esik |
| --- | --- | --- |

17.

in Article 843(2), the 16th and 17th indents are replaced by the following:

‘—

A kilépés a Közösség területéről a ... rendelet/irányelv/határozat szerinti korlátozás vagy teher megfizetésének kötelezettsége alá esik

| — | Ħruġ mill-Komunita` suġġett għall-restrizzjonijiet jew ħlasijiet taħt Regola/Direttiva/Deċiżjoni Nru ...’; |
| --- | --- |

—

Ħruġ mill-Komunita` suġġett għall-restrizzjonijiet jew ħlasijiet taħt Regola/Direttiva/Deċiżjoni Nru ...’;

| 18. | in the fourth subparagraph of Article 912e(2), the 20th indent is replaced by the following:






  ‘— | (počet) vyhotovených výpisov – kópie priložené’; |
| --- | --- | --- |

18.

in the fourth subparagraph of Article 912e(2), the 20th indent is replaced by the following:

‘—

(počet) vyhotovených výpisov – kópie priložené’;

| 19. | in the second subparagraph of Article 912f(1), the 16th and 20th indents are respectively replaced by the following:







  ‘— | Kiadva visszamenőleges hatállyal’ |
| --- | --- | --- |

19.

in the second subparagraph of Article 912f(1), the 16th and 20th indents are respectively replaced by the following:

‘—

Kiadva visszamenőleges hatállyal’

| ‘— | Vyhotovené dodatočne’; |
| --- | --- |

‘—

Vyhotovené dodatočne’;

| 20. | in point (c) of Article 912g(2), the 20th indent is replaced by the following:

  ‘Oslobodenie od podpisu – článok 912g nariadenia (EHS) č. 2454/93’; |
| --- | --- |

20.

in point (c) of Article 912g(2), the 20th indent is replaced by the following:

‘Oslobodenie od podpisu – článok 912g nariadenia (EHS) č. 2454/93’;

| 21. | Annex 37, as amended by Regulation (EC) No 444/2002, is amended in accordance with Annex IA to this Regulation; |
| --- | --- |

21.

Annex 37, as amended by Regulation (EC) No 444/2002, is amended in accordance with Annex IA to this Regulation;

| 22. | Annex 37, in the version introduced by Regulation (EC) No 2286/2003, is amended in accordance with Annex IB to this Regulation; |
| --- | --- |

22.

Annex 37, in the version introduced by Regulation (EC) No 2286/2003, is amended in accordance with Annex IB to this Regulation;

| 23. | in Title II of Annex 37a, the particulars for box 31 are amended in accordance with point 1 of Annex II to this Regulation; |
| --- | --- |

23.

in Title II of Annex 37a, the particulars for box 31 are amended in accordance with point 1 of Annex II to this Regulation;

| 24. | in Title II of Annex 37a, the particulars for boxes 50 and 52 are amended in accordance with points 2, 3 and 4 of Annex II to this Regulation; |
| --- | --- |

24.

in Title II of Annex 37a, the particulars for boxes 50 and 52 are amended in accordance with points 2, 3 and 4 of Annex II to this Regulation;

| 25. | Annex 37c is amended in accordance with Annex III to this Regulation; |
| --- | --- |

25.

Annex 37c is amended in accordance with Annex III to this Regulation;

| 26. | in Annex 38, as amended by Regulation (EC) No 881/2003, a text for box 31 is inserted in accordance with point A(1) of Annex IV to this Regulation; |
| --- | --- |

26.

in Annex 38, as amended by Regulation (EC) No 881/2003, a text for box 31 is inserted in accordance with point A(1) of Annex IV to this Regulation;

| 27. | in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text for box 31 is amended in accordance with point B(1) of Annex IV to this Regulation; |
| --- | --- |

27.

in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text for box 31 is amended in accordance with point B(1) of Annex IV to this Regulation;

| 28. | in Annex 38, as amended by Regulation (EC) No 881/2003, the text of the applicable codes for box 52 is amended in accordance with point A(2) of Annex IV to this Regulation; |
| --- | --- |

28.

in Annex 38, as amended by Regulation (EC) No 881/2003, the text of the applicable codes for box 52 is amended in accordance with point A(2) of Annex IV to this Regulation;

| 29. | in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text of the applicable codes for box 52 is amended in accordance with point B(2) of Annex IV to this Regulation; |
| --- | --- |

29.

in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text of the applicable codes for box 52 is amended in accordance with point B(2) of Annex IV to this Regulation;

| 30. | in point 2.2 of Annex 47a, the 20th indent is replaced by the following:

  ‘ZÁKAZ CELKOVEJ ZÁRUKY’; |
| --- | --- |

30.

in point 2.2 of Annex 47a, the 20th indent is replaced by the following:

‘ZÁKAZ CELKOVEJ ZÁRUKY’;

| 31. | Annex 59 is replaced by the text set out in Annex V to this Regulation; |
| --- | --- |

31.

Annex 59 is replaced by the text set out in Annex V to this Regulation;

| 32. | in the general remarks relating to Heading 16, in the ‘Provisions governing the information to be entered on the taxation form’ in Annex 60, ‘/Article 8 of Annex A to the Istanbul Convention’ is inserted after ‘ATA Convention’; |
| --- | --- |

32.

in the general remarks relating to Heading 16, in the ‘Provisions governing the information to be entered on the taxation form’ in Annex 60, ‘/Article 8 of Annex A to the Istanbul Convention’ is inserted after ‘ATA Convention’;

| 33. | Annex 61 is replaced by the text set out in Annex VI to this Regulation; |
| --- | --- |

33.

Annex 61 is replaced by the text set out in Annex VI to this Regulation;

| 34. | Annex 72 is amended in accordance with Annex VII to this Regulation. |
| --- | --- |

34.

Annex 72 is amended in accordance with Annex VII to this Regulation.

Article 2

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

2.   Points 1 to 8, 17 to 20, 24, 28 and 30 of Article 1 shall apply with effect from 1 May 2004.

3.   Points 9 to 15, 31, 32 and 33 of Article 1 shall apply with effect from 1 October 2005.

4.   Points 23, 25 and 26 of Article 1 shall apply with effect from 1 July 2005.

5.   Points 22, 27 and 29 of Article 1 shall apply with effect from 1 January 2006. However, the Member States may apply those points before that date. In such cases, the Member States shall notify the Commission of the date of application. The Commission shall publish this information.

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

Done at Brussels, 10 June 2005.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 252, 14.9.1978, p. 1.

2

(3)  
  OJ L 31, 2.2.1983, p. 13.

3

(4)  
  OJ L 130, 27.5.1993, p. 1.

4

(5)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

5

(6)  
  OJ L 68, 12.3.2002, p. 11.

6

(7)  
  OJ L 134, 29.5.2003, p. 1.

7

---

ANNEX I

A.

‘However, in respect of transit operations where goods are carried in containers that are to be transported by road vehicles, the customs authorities may authorise the principal to leave this box blank where the logistical pattern at the point of departure may prevent the identity and nationality of the means of transport from being provided at the time of establishment of the transit declaration and where the customs authorities can ensure that the required information concerning the means of transport will be subsequently entered in box 55.’

B.

| ‘[24] | Where goods are carried in containers that are to be transported by road vehicles, the customs authorities may authorise the principal to leave this box blank where the logistical pattern at the point of departure may prevent the identity and nationality of the means of transport from being provided at the time of establishment of the transit declaration and where the customs authorities can ensure that the required information concerning the means of transport will be subsequently entered in box 55.’ |
| --- | --- |

‘[24]

---

ANNEX II

In Title II of Annex 37a to Regulation (EEC) No 2454/93, Section B is amended as follows:

| 1. | For the data group ‘PACKAGES’, the wording under ‘Kind of packages’ is replaced by the following:

  ‘Kind of packages (box 31)
  Type/Length: an .. 2
  The packaging codes listed under Box 31 of Annex 38 are used.’ |
| --- | --- |

1.

For the data group ‘PACKAGES’, the wording under ‘Kind of packages’ is replaced by the following:

‘Kind of packages (box 31)

Type/Length: an .. 2

The packaging codes listed under Box 31 of Annex 38 are used.’

| 2. | For the data group ‘TRADER principal’, the explanatory note concerning the attribute ‘Identification number (TIN) ... (box 50)’ is replaced by the following:

  ‘Type/Length: an ..17
  The attribute shall be used where the data group “CONTROL RESULT” contains the code A3 or where the attribute “GRN” is used.’ |
| --- | --- |

2.

For the data group ‘TRADER principal’, the explanatory note concerning the attribute ‘Identification number (TIN) ... (box 50)’ is replaced by the following:

‘Type/Length: an ..17

The attribute shall be used where the data group “CONTROL RESULT” contains the code A3 or where the attribute “GRN” is used.’

| 3. | For the data group ‘GUARANTEE’, the Type/Length of the attribute ‘Guarantee type (box 52)’ is replaced by the following:

  ‘Type/Length: an ..1’; |
| --- | --- |

3.

For the data group ‘GUARANTEE’, the Type/Length of the attribute ‘Guarantee type (box 52)’ is replaced by the following:

‘Type/Length: an ..1’;

| 4. | For the data group ‘GUARANTEE REFERENCE’, the Type/Length of the attribute ‘GRN (box 52)’ is replaced by the following:

  ‘Type/Length: an ..24’. |
| --- | --- |

4.

For the data group ‘GUARANTEE REFERENCE’, the Type/Length of the attribute ‘GRN (box 52)’ is replaced by the following:

‘Type/Length: an ..24’.

---

ANNEX III

In Annex 37c to Regulation (EEC) No 2454/93, point 5, ‘Package code’, is deleted.

---

ANNEX IV

A.

| 1. | The following text is inserted for box 31:

  ‘Box 31: Packages and description of goods; Marks and numbers — Container No(s) — Number and kind
  Kind of packages
  Use the following codes.
  (UN/ECE Recommendation No 21/REV. 4, May 2002)
  PACKAGING CODES






  Aerosol | AE |
| --- | --- | --- |
| Ampoule, non-protected | AM |
| Ampoule, protected | AP |
| Atomizer | AT |
| Bag | BG |
| Bag, flexible container | FX |
| Bag, large | ZB |
| Bag, multiply | MB |
| Bag, paper | 5M |
| Bag, paper, multi-wall | XJ |
| Bag, paper, multi-wall, water resistant | XK |
| Bag, plastic | EC |
| Bag, plastics film | XD |
| Bag, super bulk | 43 |
| Bag, textile | 5L |
| Bag, textile, sift proof | XG |
| Bag, textile, water resistant | XH |
| Bag, textile, without inner coat/liner | XF |
| Bag, woven plastic | 5H |
| Bag, woven plastic, sift proof | XB |
| Bag, woven plastic, water resistant | XC |
| Bag, woven plastic, without inner coat/liner | XA |
| Bale, compressed | BL |
| Bale, non-compressed | BN |
| Balloon, non-protected | BF |
| Balloon, protected | BP |
| Bar | BR |
| Barrel | BA |
| Barrel, wooden | 2C |
| Barrel, wooden, bung type | QH |
| Barrel, wooden, removable head | QJ |
| Bars, in bundle/bunch/truss | BZ |
| Basin | BM |
| Basket | BK |
| Basket, with handle, cardboard | HC |
| Basket, with handle, plastic | HA |
| Basket, with handle, wooden | HB |
| Bin | BI |
| Board | BD |
| Board, in bundle/bunch/truss | BY |
| Bobbin | BB |
| Bolt | BT |
| Bottle, gas | GB |
| Bottle, non-protected, bulbous | BS |
| Bottle, non-protected, cylindrical | BO |
| Bottle, protected bulbous | BV |
| Bottle, protected cylindrical | BQ |
| Bottlecrate/bottlerack | BC |
| Box | BX |
| Box, aluminium | 4B |
| Box, Commonwealth Handling Equipment Pool (CHEP), Eurobox | DH |
| Box, fibreboard | 4G |
| Box, for liquids | BW |
| Box, natural wood | 4C |
| Box, plastic | 4H |
| Box, plastic, expanded | QR |
| Box, plastic, solid | QS |
| Box, plywood | 4D |
| Box, reconstituted wood | 4F |
| Box, steel | 4A |
| Box, wooden, natural wood, ordinary | QP |
| Box, wooden, natural wood, with sift proof walls | QQ |
| Bucket | BJ |
| Bulk, gas (at 1 031 mbar and 15 °C) | VG |
| Bulk, liquefied gas (at abnormal temperature/pressure) | VQ |
| Bulk, liquid | VL |
| Bulk, solid, fine particles (powders) | VY |
| Bulk, solid, granular particles (grains) | VR |
| Bulk, solid, large particles (nodules) | VO |
| Bunch | BH |
| Bundle | BE |
| Butt | BU |
| Cage | CG |
| Cage, Commonwealth Handling Equipment Pool (CHEP) | DG |
| Cage, roll | CW |
| Can, cylindrical | CX |
| Can, rectangular | CA |
| Can, with handle and spout | CD |
| Canister | CI |
| Canvas | CZ |
| Capsule | AV |
| Carboy, non-protected | CO |
| Carboy, protected | CP |
| Card | CM |
| Carton | CT |
| Cartridge | CQ |
| Case | CS |
| Case, isothermic | EI |
| Case, skeleton | SK |
| Case, steel | SS |
| Case, with pallet base | ED |
| Case, with pallet base, cardboard | EF |
| Case, with pallet base, metal | EH |
| Case, with pallet base, plastic | EG |
| Case, with pallet base, wooden | EE |
| Cask | CK |
| Chest | CH |
| Churn | CC |
| Clamshell | AI |
| Coffer | CF |
| Coffin | CJ |
| Coil | CL |
| Composite packaging, glass receptacle | 6P |
| Composite packaging, glass receptacle in aluminium crate | YR |
| Composite packaging, glass receptacle in aluminium drum | YQ |
| Composite packaging, glass receptacle in expandable plastic pack | YY |
| Composite packaging, glass receptacle in fibre drum | YW |
| Composite packaging, glass receptacle in fibreboard box | YX |
| Composite packaging, glass receptacle in plywood drum | YT |
| Composite packaging, glass receptacle in solid plastic pack | YZ |
| Composite packaging, glass receptacle in steel crate box | YP |
| Composite packaging, glass receptacle in steel drum | YN |
| Composite packaging, glass receptacle in wickerwork hamper | YV |
| Composite packaging, glass receptacle in wooden box | YS |
| Composite packaging, plastic receptacle | 6H |
| Composite packaging, plastic receptacle in aluminium crate | YD |
| Composite packaging, plastic receptacle in aluminium drum | YC |
| Composite packaging, plastic receptacle in fibre drum | YJ |
| Composite packaging, plastic receptacle in fibreboard box | YK |
| Composite packaging, plastic receptacle in plastic drum | YL |
| Composite packaging, plastic receptacle in plywood box | YH |
| Composite packaging, plastic receptacle in plywood drum | YG |
| Composite packaging, plastic receptacle in solid plastic box | YM |
| Composite packaging, plastic receptacle in steel crate box | YB |
| Composite packaging, plastic receptacle in steel drum | YA |
| Composite packaging, plastic receptacle in wooden box | YF |
| Cone | AJ |
| Container, not otherwise specified as transport equipment | CN |
| Cover | CV |
| Crate | CR |
| Crate, beer | CB |
| Crate, bulk, cardboard | DK |
| Crate, bulk, plastic | DL |
| Crate, bulk, wooden | DM |
| Crate, framed | FD |
| Crate, fruit | FC |
| Crate, milk | MC |
| Crate, multiple layer, cardboard | DC |
| Crate, multiple layer, plastic | DA |
| Crate, multiple layer, wooden | DB |
| Crate, shallow | SC |
| Creel | CE |
| Cup | CU |
| Cylinder | CY |
| Demijohn, non-protected | DJ |
| Demijohn, protected | DP |
| Dispenser | DN |
| Drum | DR |
| Drum, aluminium | 1B |
| Drum, aluminium, non-removable head | QC |
| Drum, aluminium, removable head | QD |
| Drum, fibre | 1G |
| Drum, iron | DI |
| Drum, plastic | IH |
| Drum, plastic, non-removable head | QF |
| Drum, plastic, removable head | QG |
| Drum, plywood | 1D |
| Drum, steel | 1A |
| Drum, steel, non-removable head | QA |
| Drum, steel, removable head | QB |
| Drum, wooden | 1W |
| Envelope | EN |
| Envelope, steel | SV |
| Filmpack | FP |
| Firkin | FI |
| Flask | FL |
| Foodtainer | FT |
| Footlocker | FO |
| Frame | FR |
| Girder | GI |
| Girders, in bundle/bunch/truss | GZ |
| Hamper | HR |
| Hogshead | HG |
| Ingot | IN |
| Ingots, in bundle/bunch/truss | IZ |
| Intermediate bulk container | WA |
| Intermediate bulk container, aluminium | WD |
| Intermediate bulk container, aluminium, liquid | WL |
| Intermediate bulk container, aluminium, pressurised > 10 kPa | WH |
| Intermediate bulk container, composite | ZS |
| Intermediate bulk container, composite, flexible plastic, liquids | ZR |
| Intermediate bulk container, composite, flexible plastic, pressurised | ZP |
| Intermediate bulk container, composite, flexible plastic, solids | ZM |
| Intermediate bulk container, composite, rigid plastic, liquids | ZQ |
| Intermediate bulk container, composite, rigid plastic, pressurised | ZN |
| Intermediate bulk container, composite, rigid plastic, solids | ZL |
| Intermediate bulk container, fibreboard | ZT |
| Intermediate bulk container, flexible | ZU |
| Intermediate bulk container, metal | WF |
| Intermediate bulk container, metal, liquid | WM |
| Intermediate bulk container, metal, other than steel | ZV |
| Intermediate bulk container, metal, pressure 10 kPa | WJ |
| Intermediate bulk container, natural wood | ZW |
| Intermediate bulk container, natural wood, with inner liner | WU |
| Intermediate bulk container, paper, multi-wall | ZA |
| Intermediate bulk container, paper, multi-wall, water resistant | ZC |
| Intermediate bulk container, plastic film | WS |
| Intermediate bulk container, plywood | ZX |
| Intermediate bulk container, plywood, with inner liner | WY |
| Intermediate bulk container, reconstituted wood | ZY |
| Intermediate bulk container, reconstituted wood, with inner liner | WZ |
| Intermediate bulk container, rigid plastic | AA |
| Intermediate bulk container, rigid plastic, freestanding, liquids | ZK |
| Intermediate bulk container, rigid plastic, freestanding, pressurised | ZH |
| Intermediate bulk container, rigid plastic, freestanding, solids | ZF |
| Intermediate bulk container, rigid plastic, with structural equipment, solids | ZD |
| Intermediate bulk container, rigid plastic, with structural equipment, liquids | ZJ |
| Intermediate bulk container, rigid plastic, with structural equipment, pressurised | ZG |
| Intermediate bulk container, steel | WC |
| Intermediate bulk container, steel, liquid | WK |
| Intermediate bulk container, steel, pressurised > 10 kPa | WG |
| Intermediate bulk container, textile without coat/liner | WT |
| Intermediate bulk container, textile, coated | WV |
| Intermediate bulk container, textile, coated and liner | WX |
| Intermediate bulk container, textile, with liner | WW |
| Intermediate bulk container, woven plastic, coated | WP |
| Intermediate bulk container, woven plastic, coated and liner | WR |
| Intermediate bulk container, woven plastic, with liner | WQ |
| Intermediate bulk container, woven plastic, without coat/liner | WN |
| Jar | JR |
| Jerry-can, cylindrical | JY |
| Jerry-can, plastic | 3H |
| Jerry-can, plastic, non-removable head | QM |
| Jerry-can, plastic, removable head | QN |
| Jerry-can, rectangular | JC |
| Jerry-can, steel | 3A |
| Jerry-can, steel, non-removable head | QK |
| Jerry-can, steel, removable head | QL |
| Jug | JG |
| Jute bag | JT |
| Keg | KG |
| Lift van | LV |
| Log | LG |
| Logs, in bundle/bunch/truss | LZ |
| Lot | LT |
| Mat | MT |
| Matchbox | MX |
| Mutually defined | ZZ |
| Nest | NS |
| Net | NT |
| Net, tube, plastic | NU |
| Net, tube, textile | NV |
| Not available | NA |
| Package | PK |
| Package, cardboard, with bottle grip-holes | IK |
| Package, display, cardboard | IB |
| Package, display, metal | ID |
| Package, display, plastic | IC |
| Package, display, wooden | IA |
| Package, flow | IF |
| Package, paper-wrapped | IG |
| Package, show | IE |
| Packet | PA |
| Pail | PL |
| Pallet | PX |
| Pallet, 100 cm × 110 cm | AH |
| Pallet, box | PB |
| Pallet, modular, collars 80 cm × 100 cm | PD |
| Pallet, modular, collars 80 cm × 120 cm | PE |
| Pallet, modular, collars 80 cm × 60 cm | AF |
| Pallet, shrink-wrapped | AG |
| Parcel | PC |
| Pen | PF |
| Pipe | PI |
| Pipes, in bundle/bunch/truss | PV |
| Pitcher | PH |
| Plank | PN |
| Planks, in bundle/bunch/truss | PZ |
| Plate | PG |
| Plates, in bundle/bunch/truss | PY |
| Pot | PT |
| Pouch | PO |
| Punnet | PJ |
| Rack | RK |
| Rack, clothing hanger | RJ |
| Receptacle, fibre | AB |
| Receptacle, glass | GR |
| Receptacle, metal | MR |
| Receptacle, paper | AC |
| Receptacle, plastic | PR |
| Receptacle, plastic-wrapped | MW |
| Receptacle, wooden | AD |
| Rednet | RT |
| Reel | RL |
| Ring | RG |
| Rod | RD |
| Rods, in bundle/bunch/truss | RZ |
| Roll | RO |
| Sachet | SH |
| Sack | SA |
| Sack, multi-wall | MS |
| Sea-chest | SE |
| Set | SX |
| Sheet | ST |
| Sheet, plastic wrapping | SP |
| Sheet metal | SM |
| Sheets, in bundle/bunch/truss | SZ |
| Shrink-wrapped | SW |
| Skid | SI |
| Slab | SB |
| Sleeve | SY |
| Slip-sheet | SL |
| Spindle | SD |
| Spool | SO |
| Suitcase | SU |
| Tank, cylindrical | TY |
| Tank, rectangular | TK |
| Tea-chest | TC |
| Tierce | TI |
| Tin | TN |
| Tray | PU |
| Tray, one layer no cover, cardboard | DV |
| Tray, one layer no cover, plastic | DS |
| Tray, one layer no cover, polystyrene | DU |
| Tray, one layer no cover, wooden | DT |
| Tray, two layers no cover, cardboard | DY |
| Tray, two layers no cover, plastic tray | DW |
| Tray, two layers no cover, wooden | DX |
| Trunk | TR |
| Truss | TS |
| Tub | TB |
| Tub, with lid | TL |
| Tube | TU |
| Tube, collapsible | TD |
| Tube, with nozzle | TV |
| Tubes, in bundle/bunch/truss | TZ |
| Tun | TO |
| Uncaged | UC |
| Unpacked or unpackaged | NE |
| Unpacked or unpackaged, multiple units | NG |
| Unpacked or unpackaged, single unit | NF |
| Vacuum-packed | VP |
| Vanpack | VK |
| Vat | VA |
| Vial | VI |
| Wicker bottle | WB ’ |

1.

The following text is inserted for box 31:

‘Box 31: Packages and description of goods; Marks and numbers — Container No(s) — Number and kind

Kind of packages

Use the following codes.

(UN/ECE Recommendation No 21/REV. 4, May 2002)

PACKAGING CODES

Aerosol

AE

Ampoule, non-protected

AM

Ampoule, protected

AP

Atomizer

AT

Bag

BG

Bag, flexible container

FX

Bag, large

ZB

Bag, multiply

MB

Bag, paper

5M

Bag, paper, multi-wall

XJ

Bag, paper, multi-wall, water resistant

XK

Bag, plastic

EC

Bag, plastics film

XD

Bag, super bulk

43

Bag, textile

5L

Bag, textile, sift proof

XG

Bag, textile, water resistant

XH

Bag, textile, without inner coat/liner

XF

Bag, woven plastic

5H

Bag, woven plastic, sift proof

XB

Bag, woven plastic, water resistant

XC

Bag, woven plastic, without inner coat/liner

XA

Bale, compressed

BL

Bale, non-compressed

BN

Balloon, non-protected

BF

Balloon, protected

BP

Bar

BR

Barrel

BA

Barrel, wooden

2C

Barrel, wooden, bung type

QH

Barrel, wooden, removable head

QJ

Bars, in bundle/bunch/truss

BZ

Basin

BM

Basket

BK

Basket, with handle, cardboard

HC

Basket, with handle, plastic

HA

Basket, with handle, wooden

HB

Bin

BI

Board

BD

Board, in bundle/bunch/truss

BY

Bobbin

BB

Bolt

BT

Bottle, gas

GB

Bottle, non-protected, bulbous

BS

Bottle, non-protected, cylindrical

BO

Bottle, protected bulbous

BV

Bottle, protected cylindrical

BQ

Bottlecrate/bottlerack

BC

Box

BX

Box, aluminium

4B

Box, Commonwealth Handling Equipment Pool (CHEP), Eurobox

DH

Box, fibreboard

4G

Box, for liquids

BW

Box, natural wood

4C

Box, plastic

4H

Box, plastic, expanded

QR

Box, plastic, solid

QS

Box, plywood

4D

Box, reconstituted wood

4F

Box, steel

4A

Box, wooden, natural wood, ordinary

QP

Box, wooden, natural wood, with sift proof walls

QQ

Bucket

BJ

Bulk, gas (at 1 031 mbar and 15 °C)

VG

Bulk, liquefied gas (at abnormal temperature/pressure)

VQ

Bulk, liquid

VL

Bulk, solid, fine particles (powders)

VY

Bulk, solid, granular particles (grains)

VR

Bulk, solid, large particles (nodules)

VO

Bunch

BH

Bundle

BE

Butt

BU

Cage

CG

Cage, Commonwealth Handling Equipment Pool (CHEP)

DG

Cage, roll

CW

Can, cylindrical

CX

Can, rectangular

CA

Can, with handle and spout

CD

Canister

CI

Canvas

CZ

Capsule

AV

Carboy, non-protected

CO

Carboy, protected

CP

Card

CM

Carton

CT

Cartridge

CQ

Case

CS

Case, isothermic

EI

Case, skeleton

SK

Case, steel

SS

Case, with pallet base

ED

Case, with pallet base, cardboard

EF

Case, with pallet base, metal

EH

Case, with pallet base, plastic

EG

Case, with pallet base, wooden

EE

Cask

CK

Chest

CH

Churn

CC

Clamshell

AI

Coffer

CF

Coffin

CJ

Coil

CL

Composite packaging, glass receptacle

6P

Composite packaging, glass receptacle in aluminium crate

YR

Composite packaging, glass receptacle in aluminium drum

YQ

Composite packaging, glass receptacle in expandable plastic pack

YY

Composite packaging, glass receptacle in fibre drum

YW

Composite packaging, glass receptacle in fibreboard box

YX

Composite packaging, glass receptacle in plywood drum

YT

Composite packaging, glass receptacle in solid plastic pack

YZ

Composite packaging, glass receptacle in steel crate box

YP

Composite packaging, glass receptacle in steel drum

YN

Composite packaging, glass receptacle in wickerwork hamper

YV

Composite packaging, glass receptacle in wooden box

YS

Composite packaging, plastic receptacle

6H

Composite packaging, plastic receptacle in aluminium crate

YD

Composite packaging, plastic receptacle in aluminium drum

YC

Composite packaging, plastic receptacle in fibre drum

YJ

Composite packaging, plastic receptacle in fibreboard box

YK

Composite packaging, plastic receptacle in plastic drum

YL

Composite packaging, plastic receptacle in plywood box

YH

Composite packaging, plastic receptacle in plywood drum

YG

Composite packaging, plastic receptacle in solid plastic box

YM

Composite packaging, plastic receptacle in steel crate box

YB

Composite packaging, plastic receptacle in steel drum

YA

Composite packaging, plastic receptacle in wooden box

YF

Cone

AJ

Container, not otherwise specified as transport equipment

CN

Cover

CV

Crate

CR

Crate, beer

CB

Crate, bulk, cardboard

DK

Crate, bulk, plastic

DL

Crate, bulk, wooden

DM

Crate, framed

FD

Crate, fruit

FC

Crate, milk

MC

Crate, multiple layer, cardboard

DC

Crate, multiple layer, plastic

DA

Crate, multiple layer, wooden

DB

Crate, shallow

SC

Creel

CE

Cup

CU

Cylinder

CY

Demijohn, non-protected

DJ

Demijohn, protected

DP

Dispenser

DN

Drum

DR

Drum, aluminium

1B

Drum, aluminium, non-removable head

QC

Drum, aluminium, removable head

QD

Drum, fibre

1G

Drum, iron

DI

Drum, plastic

IH

Drum, plastic, non-removable head

QF

Drum, plastic, removable head

QG

Drum, plywood

1D

Drum, steel

1A

Drum, steel, non-removable head

QA

Drum, steel, removable head

QB

Drum, wooden

1W

Envelope

EN

Envelope, steel

SV

Filmpack

FP

Firkin

FI

Flask

FL

Foodtainer

FT

Footlocker

FO

Frame

FR

Girder

GI

Girders, in bundle/bunch/truss

GZ

Hamper

HR

Hogshead

HG

Ingot

IN

Ingots, in bundle/bunch/truss

IZ

Intermediate bulk container

WA

Intermediate bulk container, aluminium

WD

Intermediate bulk container, aluminium, liquid

WL

Intermediate bulk container, aluminium, pressurised > 10 kPa

WH

Intermediate bulk container, composite

ZS

Intermediate bulk container, composite, flexible plastic, liquids

ZR

Intermediate bulk container, composite, flexible plastic, pressurised

ZP

Intermediate bulk container, composite, flexible plastic, solids

ZM

Intermediate bulk container, composite, rigid plastic, liquids

ZQ

Intermediate bulk container, composite, rigid plastic, pressurised

ZN

Intermediate bulk container, composite, rigid plastic, solids

ZL

Intermediate bulk container, fibreboard

ZT

Intermediate bulk container, flexible

ZU

Intermediate bulk container, metal

WF

Intermediate bulk container, metal, liquid

WM

Intermediate bulk container, metal, other than steel

ZV

Intermediate bulk container, metal, pressure 10 kPa

WJ

Intermediate bulk container, natural wood

ZW

Intermediate bulk container, natural wood, with inner liner

WU

Intermediate bulk container, paper, multi-wall

ZA

Intermediate bulk container, paper, multi-wall, water resistant

ZC

Intermediate bulk container, plastic film

WS

Intermediate bulk container, plywood

ZX

Intermediate bulk container, plywood, with inner liner

WY

Intermediate bulk container, reconstituted wood

ZY

Intermediate bulk container, reconstituted wood, with inner liner

WZ

Intermediate bulk container, rigid plastic

AA

Intermediate bulk container, rigid plastic, freestanding, liquids

ZK

Intermediate bulk container, rigid plastic, freestanding, pressurised

ZH

Intermediate bulk container, rigid plastic, freestanding, solids

ZF

Intermediate bulk container, rigid plastic, with structural equipment, solids

ZD

Intermediate bulk container, rigid plastic, with structural equipment, liquids

ZJ

Intermediate bulk container, rigid plastic, with structural equipment, pressurised

ZG

Intermediate bulk container, steel

WC

Intermediate bulk container, steel, liquid

WK

Intermediate bulk container, steel, pressurised > 10 kPa

WG

Intermediate bulk container, textile without coat/liner

WT

Intermediate bulk container, textile, coated

WV

Intermediate bulk container, textile, coated and liner

WX

Intermediate bulk container, textile, with liner

WW

Intermediate bulk container, woven plastic, coated

WP

Intermediate bulk container, woven plastic, coated and liner

WR

Intermediate bulk container, woven plastic, with liner

WQ

Intermediate bulk container, woven plastic, without coat/liner

WN

Jar

JR

Jerry-can, cylindrical

JY

Jerry-can, plastic

3H

Jerry-can, plastic, non-removable head

QM

Jerry-can, plastic, removable head

QN

Jerry-can, rectangular

JC

Jerry-can, steel

3A

Jerry-can, steel, non-removable head

QK

Jerry-can, steel, removable head

QL

Jug

JG

Jute bag

JT

Keg

KG

Lift van

LV

Log

LG

Logs, in bundle/bunch/truss

LZ

Lot

LT

Mat

MT

Matchbox

MX

Mutually defined

ZZ

Nest

NS

Net

NT

Net, tube, plastic

NU

Net, tube, textile

NV

Not available

NA

Package

PK

Package, cardboard, with bottle grip-holes

IK

Package, display, cardboard

IB

Package, display, metal

ID

Package, display, plastic

IC

Package, display, wooden

IA

Package, flow

IF

Package, paper-wrapped

IG

Package, show

IE

Packet

PA

Pail

PL

Pallet

PX

Pallet, 100 cm × 110 cm

AH

Pallet, box

PB

Pallet, modular, collars 80 cm × 100 cm

PD

Pallet, modular, collars 80 cm × 120 cm

PE

Pallet, modular, collars 80 cm × 60 cm

AF

Pallet, shrink-wrapped

AG

Parcel

PC

Pen

PF

Pipe

PI

Pipes, in bundle/bunch/truss

PV

Pitcher

PH

Plank

PN

Planks, in bundle/bunch/truss

PZ

Plate

PG

Plates, in bundle/bunch/truss

PY

Pot

PT

Pouch

PO

Punnet

PJ

Rack

RK

Rack, clothing hanger

RJ

Receptacle, fibre

AB

Receptacle, glass

GR

Receptacle, metal

MR

Receptacle, paper

AC

Receptacle, plastic

PR

Receptacle, plastic-wrapped

MW

Receptacle, wooden

AD

Rednet

RT

Reel

RL

Ring

RG

Rod

RD

Rods, in bundle/bunch/truss

RZ

Roll

RO

Sachet

SH

Sack

SA

Sack, multi-wall

MS

Sea-chest

SE

Set

SX

Sheet

ST

Sheet, plastic wrapping

SP

Sheet metal

SM

Sheets, in bundle/bunch/truss

SZ

Shrink-wrapped

SW

Skid

SI

Slab

SB

Sleeve

SY

Slip-sheet

SL

Spindle

SD

Spool

SO

Suitcase

SU

Tank, cylindrical

TY

Tank, rectangular

TK

Tea-chest

TC

Tierce

TI

Tin

TN

Tray

PU

Tray, one layer no cover, cardboard

DV

Tray, one layer no cover, plastic

DS

Tray, one layer no cover, polystyrene

DU

Tray, one layer no cover, wooden

DT

Tray, two layers no cover, cardboard

DY

Tray, two layers no cover, plastic tray

DW

Tray, two layers no cover, wooden

DX

Trunk

TR

Truss

TS

Tub

TB

Tub, with lid

TL

Tube

TU

Tube, collapsible

TD

Tube, with nozzle

TV

Tubes, in bundle/bunch/truss

TZ

Tun

TO

Uncaged

UC

Unpacked or unpackaged

NE

Unpacked or unpackaged, multiple units

NG

Unpacked or unpackaged, single unit

NF

Vacuum-packed

VP

Vanpack

VK

Vat

VA

Vial

VI

Wicker bottle

WB ’

| 2. | The list of applicable codes for box 52: Guarantee is replaced by the following:







  Situation | Code | Other entries |
| --- | --- | --- | --- |
| ‘For guarantee waiver (Articles 94(4) of the Code and 380(3) of this Regulation) | 0 | — guarantee waiver certificate number |
| For comprehensive guarantee | 1 | — comprehensive guarantee certificate number
  — office of guarantee |
| For individual guarantee by a guarantor | 2 | — reference for the guarantee undertaking
  — office of guarantee |
| For individual guarantee in cash | 3 | |
| For individual guarantee in the form of vouchers | 4 | — individual guarantee voucher number |
| For guarantee waiver where secured amount does not exceed EUR 500 (Article 189(5) of the Code) | 5 | |
| For guarantee not required (Article 95 of the Code) | 6 | |
| For guarantee not required for certain public bodies | 8 | |
| For individual guarantee of the type under point 3 of Annex 47a | 9 | — reference to the guarantee undertaking
  — office of guarantee’ |

2.

The list of applicable codes for box 52: Guarantee is replaced by the following:

Situation

Code

Other entries

‘For guarantee waiver (Articles 94(4) of the Code and 380(3) of this Regulation)

0

— guarantee waiver certificate number

For comprehensive guarantee

1

— comprehensive guarantee certificate number

— office of guarantee

For individual guarantee by a guarantor

2

— reference for the guarantee undertaking

— office of guarantee

For individual guarantee in cash

3

For individual guarantee in the form of vouchers

4

— individual guarantee voucher number

For guarantee waiver where secured amount does not exceed EUR 500 (Article 189(5) of the Code)

5

For guarantee not required (Article 95 of the Code)

6

For guarantee not required for certain public bodies

8

For individual guarantee of the type under point 3 of Annex 47a

9

— reference to the guarantee undertaking

— office of guarantee’

B.

| 1. | The text for box 31 is replaced by the text set out in point A(1) of this Annex; |
| --- | --- |

1.

The text for box 31 is replaced by the text set out in point A(1) of this Annex;

| 2. | The list of applicable codes for box 52: Guarantee is replaced by the text set out in point A(2) of this Annex. |
| --- | --- |

2.

The list of applicable codes for box 52: Guarantee is replaced by the text set out in point A(2) of this Annex.

---

ANNEX V

‘ANNEX 59

MODEL OF THE INFORMATION MEMO REFERRED TO IN ARTICLE 459

Letter heading of the coordination office initiating the dispute

Addressee: coordinating office covering the offices of temporary importation, or other coordinating office

SUBJECT: ATA CARNET — SUBMISSION OF CLAIM

Be informed that a claim for payment of duties and taxes under the ATA Convention/the Istanbul Convention (1) was sent on ... (2) to our guaranteeing association in respect of:

| 1. | ATA carnet No: |
| --- | --- |

1.

ATA carnet No:

| 2. | Issued by the Chamber of Commerce of:





  City: |
| --- | --- |

2.

Issued by the Chamber of Commerce of:

City:

| Country: |
| --- |

Country:

| 3. | On behalf of:





  Holder: |
| --- | --- |

3.

On behalf of:

Holder:

| Address: |
| --- |

Address:

| 4. | Expiry date of carnet: |
| --- | --- |

4.

Expiry date of carnet:

| 5. | Date set for re-exportation (3): |
| --- | --- |

5.

Date set for re-exportation (3):

| 6. | Number of transit/import voucher (4): |
| --- | --- |

6.

Number of transit/import voucher (4):

| 7. | Date of endorsement of voucher: |
| --- | --- |

7.

Date of endorsement of voucher:

Signature and stamp of the issuing coordinating office.

---

(1)  Article 7 of the ATA Convention, Brussels, 6 December 1961/Article 9 of Annex A to the Istanbul Convention, 26 June 1990.

1

(2)  Enter date of dispatch.

2

(3)  Details to be obtained from the undischarged transit or temporary admission voucher or, if no voucher is available, from the information available to the issuing coordinating office.

3

(4)  Delete whichever is not applicable.’

4

---

ANNEX VI

‘ANNEX 61

MODEL OF DISCHARGE

Letter heading of the coordinating office of the second Member State submitting the claim

Addressee: coordinating office of the first Member State submitting the original claim.

SUBJECT: ATA CARNET — DISCHARGE

Be informed that a claim for payment of duties and taxes under the ATA Convention/Istanbul Convention (1) was sent on ... (2) to our guaranteeing association in respect of:

| 1. | ATA carnet No: |
| --- | --- |

1.

ATA carnet No:

| 2. | Issued by the Chamber of Commerce of:





  City: |
| --- | --- |

2.

Issued by the Chamber of Commerce of:

City:

| Country: |
| --- |

Country:

| 3. | On behalf of:





  Holder: |
| --- | --- |

3.

On behalf of:

Holder:

| Address: |
| --- |

Address:

| 4. | Expiry date of the carnet: |
| --- | --- |

4.

Expiry date of the carnet:

| 5. | Date set for re-exportation (3): |
| --- | --- |

5.

Date set for re-exportation (3):

| 6. | Number of transit/import voucher (4): |
| --- | --- |

6.

Number of transit/import voucher (4):

| 7. | Date of endorsement of voucher: |
| --- | --- |

7.

Date of endorsement of voucher:

The present note discharges your responsibility in this file.

Signature and stamp of issuing coordinating office.

---

(1)  Article 7 of the ATA Convention, Brussels, 6 December 1961/Article 9 of Annex A to the Istanbul Convention, 26 June 1990.

1

(2)  Enter date of dispatch.

2

(3)  Details to be obtained from the undischarged transit or temporary admission voucher or, if no voucher is available, from the information available to the issuing coordinating office.

3

(4)  Delete whichever is not applicable.’

4

---

ANNEX VII

In Annex 72 to Regulation (EEC) No 2454/93, the following point is added:

| ‘19. | Any usual forms of handling, other than the abovementioned, intended to improve the appearance or marketable quality of the import goods or to prepare them for distribution or resale, provided that these operations do not change the nature or improve the performance of the original goods. Where costs for usual forms of handling have been incurred, such costs or the increase in value shall not be taken into account for the calculation of the import duty where satisfactory proof of these costs is provided by the declarant. However, the customs value, nature and origin of non-Community goods used in the operations shall be taken into account for the calculation of the import duties.’ |
| --- | --- |

‘19.

---

| 11.6.2005 | EN | Official Journal of the European Union | L 148/25 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

L 148/25

---

COMMISSION REGULATION (EC) No 884/2005

of 10 June 2005

laying down procedures for conducting Commission inspections in the field of maritime security

(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 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (1), and in particular Article 9(4) thereof,

Whereas:

| (1) | In order to monitor the application by Member States of Regulation (EC) No 725/2004 the Commission should conduct inspections starting six months after the entry into force of that Regulation. The organisation of inspections under the supervision of the Commission is necessary to verify the effectiveness of national quality control systems and maritime security measures, procedures and structures. |
| --- | --- |

(1)

In order to monitor the application by Member States of Regulation (EC) No 725/2004 the Commission should conduct inspections starting six months after the entry into force of that Regulation. The organisation of inspections under the supervision of the Commission is necessary to verify the effectiveness of national quality control systems and maritime security measures, procedures and structures.

| (2) | The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2), should provide the Commission with technical assistance in the performance of the latter's inspection tasks in respect of ships, relevant companies and Recognised Security Organisations. |
| --- | --- |

(2)

The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2), should provide the Commission with technical assistance in the performance of the latter's inspection tasks in respect of ships, relevant companies and Recognised Security Organisations.

| (3) | The Commission should coordinate the schedule and preparation of its inspections with the Member States. The Commission's inspection teams should be able to call upon qualified national inspectors, where available. |
| --- | --- |

(3)

The Commission should coordinate the schedule and preparation of its inspections with the Member States. The Commission's inspection teams should be able to call upon qualified national inspectors, where available.

| (4) | Commission inspections should be carried out according to a set procedure, including a standard methodology. |
| --- | --- |

(4)

Commission inspections should be carried out according to a set procedure, including a standard methodology.

| (5) | Sensitive information relating to inspections should be treated as classified information. |
| --- | --- |

(5)

Sensitive information relating to inspections should be treated as classified information.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT-MATTER AND DEFINITIONS

Article 1

Subject-matter

This Regulation lays down procedures for conducting Commission inspections to monitor the application of Regulation (EC) No 725/2004 at the level of each Member State and of individual port facilities and relevant companies.

The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

| 1. | ‘Commission inspection’ means an examination by Commission inspectors of Member States' national maritime security quality control systems, measures, procedures and structures, to determine compliance with Regulation (EC) No 725/2004; |
| --- | --- |

1.

‘Commission inspection’ means an examination by Commission inspectors of Member States' national maritime security quality control systems, measures, procedures and structures, to determine compliance with Regulation (EC) No 725/2004;

| 2. | ‘Commission inspector’ means a person fulfilling the criteria set out in Article 7 employed by the Commission, or employed by the European Maritime Safety Agency or a national inspector, mandated by the Commission to participate in Commission inspections; |
| --- | --- |

2.

‘Commission inspector’ means a person fulfilling the criteria set out in Article 7 employed by the Commission, or employed by the European Maritime Safety Agency or a national inspector, mandated by the Commission to participate in Commission inspections;

| 3. | ‘national inspector’ means a person employed by a Member State as a maritime security inspector, and qualified according to the requirements of that Member State; |
| --- | --- |

3.

‘national inspector’ means a person employed by a Member State as a maritime security inspector, and qualified according to the requirements of that Member State;

| 4. | ‘Committee’ means the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004; |
| --- | --- |

4.

‘Committee’ means the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004;

| 5. | ‘objective evidence’ means quantitative or qualitative information, records or findings pertaining to security or to the existence and implementation of a requirement laid down in Regulation (EC) No 725/2004, which are based on observation, measurement or test and which can be verified; |
| --- | --- |

5.

‘objective evidence’ means quantitative or qualitative information, records or findings pertaining to security or to the existence and implementation of a requirement laid down in Regulation (EC) No 725/2004, which are based on observation, measurement or test and which can be verified;

| 6. | ‘observation’ means a finding made during a Commission inspection and substantiated by objective evidence; |
| --- | --- |

6.

‘observation’ means a finding made during a Commission inspection and substantiated by objective evidence;

| 7. | ‘non-conformity’ means an observed situation where objective evidence indicates the non-fulfilment of a requirement laid down in Regulation (EC) No 725/2004 that requires corrective action; |
| --- | --- |

7.

‘non-conformity’ means an observed situation where objective evidence indicates the non-fulfilment of a requirement laid down in Regulation (EC) No 725/2004 that requires corrective action;

| 8. | ‘major non-conformity’ means an identifiable deviation that poses a serious threat to maritime security that requires immediate corrective action and includes the lack of effective and systematic implementation of a requirement laid down in Regulation (EC) No 725/2004; |
| --- | --- |

8.

‘major non-conformity’ means an identifiable deviation that poses a serious threat to maritime security that requires immediate corrective action and includes the lack of effective and systematic implementation of a requirement laid down in Regulation (EC) No 725/2004;

| 9. | ‘focal point’ means the body designated by each Member State to serve as a contact point for the Commission and other Member States and to facilitate, follow up and inform on the application of the maritime security measures laid down in Regulation (EC) No 725/2004; |
| --- | --- |

9.

‘focal point’ means the body designated by each Member State to serve as a contact point for the Commission and other Member States and to facilitate, follow up and inform on the application of the maritime security measures laid down in Regulation (EC) No 725/2004;

| 10. | ‘relevant company’ means an entity that has to appoint a Company Security Officer, Ship Security Officer or Port Facility Security Officer, or is responsible for the implementation of a Ship Security Plan or Port Facility Security Plan, or has been appointed by a Member State as a Recognised Security Organisation; |
| --- | --- |

10.

‘relevant company’ means an entity that has to appoint a Company Security Officer, Ship Security Officer or Port Facility Security Officer, or is responsible for the implementation of a Ship Security Plan or Port Facility Security Plan, or has been appointed by a Member State as a Recognised Security Organisation;

| 11. | ‘test’ means a trial of maritime security measures, where intent to commit unlawful action is simulated for the purpose of testing efficiency in the implementation of existing security measures. |
| --- | --- |

11.

‘test’ means a trial of maritime security measures, where intent to commit unlawful action is simulated for the purpose of testing efficiency in the implementation of existing security measures.

CHAPTER II

GENERAL REQUIREMENTS

Article 3

Cooperation of Member States

Without prejudice to Commission responsibilities, Member States shall cooperate with the Commission in the accomplishment of its inspection tasks. The cooperation shall be effective during the preparatory, control and reporting phases.

Article 4

Exercise of Commission powers

1.   Each Member State shall ensure that Commission inspectors are able to exercise their authority to inspect the maritime security activities of any competent authority under Regulation (EC) No 725/2004 and of any relevant company.

2.   Each Member State shall ensure that, upon request, Commission inspectors have access to all relevant security related documentation and in particular:

| (a) | the national programme for the implementation of Regulation (EC) No 725/2004 referred to in Article 9(3) of that Regulation; |
| --- | --- |

(a)

the national programme for the implementation of Regulation (EC) No 725/2004 referred to in Article 9(3) of that Regulation;

| (b) | data supplied by the focal point and monitoring reports referred to in Article 9(4) of Regulation (EC) No 725/2004. |
| --- | --- |

(b)

data supplied by the focal point and monitoring reports referred to in Article 9(4) of Regulation (EC) No 725/2004.

3.   Wherever Commission inspectors encounter difficulties in the execution of their duties, the Member States concerned shall by any means within their legal powers assist the Commission to accomplish in full its task.

Article 5

Participation of national inspectors in Commission inspections

1.   Member States shall endeavour to make available to the Commission national inspectors able to participate in Commission inspections, including the related preparatory and reporting phases.

2.   A national inspector shall not participate in Commission inspections in the Member State where he is employed.

3.   Each Member State shall provide the Commission with a list of national inspectors on whom the Commission may call to participate in a Commission inspection.

That list shall be updated, at least by the end of June each year, and for the first time within eight weeks of the entry into force of this Regulation.

4.   The Commission shall communicate to the Committee the lists referred to in the first subparagraph of paragraph 3.

5.   Where the Commission considers that the participation of a national inspector is necessary in a particular Commission inspection, it shall request information from Member States as to the availability of national inspectors for the conduct of that inspection. Such requests shall normally be made eight weeks in advance of the inspection.

6.   The expenses arising from the participation of national inspectors in Commission inspections shall, in compliance with Community rules, be met by the Commission.

Article 6

Technical assistance from the European Maritime Safety Agency in Commission inspections

1.   In providing the Commission with technical assistance pursuant to Article 2(b)(iv) of Regulation (EC) No 1406/2002, the European Maritime Safety Agency shall make technical experts available to participate in Commission inspections, including the related preparatory and reporting phases.

2.   The Commission shall communicate to the Committee a list of the technical experts from the European Maritime Safety Agency on whom it may call to participate in an inspection.

Article 7

Qualification criteria and training for Commission inspectors

1.   Commission inspectors shall have appropriate qualifications, including sufficient theoretical and practical experience in maritime security. This shall normally include:

| (a) | a good understanding of maritime security and how it is applied to the operations being examined; |
| --- | --- |

(a)

a good understanding of maritime security and how it is applied to the operations being examined;

| (b) | a good working knowledge of security technologies and techniques; |
| --- | --- |

(b)

a good working knowledge of security technologies and techniques;

| (c) | a knowledge of inspection principles, procedures and techniques; |
| --- | --- |

(c)

a knowledge of inspection principles, procedures and techniques;

| (d) | a working knowledge of the operations being examined. |
| --- | --- |

(d)

a working knowledge of the operations being examined.

2.   In order to qualify for Commission inspections, Commission inspectors shall have successfully completed training to carry out such inspections.

In the case of national inspectors the training necessary for them to act as Commission inspectors shall:

| (a) | be accredited by the Commission; |
| --- | --- |

(a)

be accredited by the Commission;

| (b) | be initial and recurrent; |
| --- | --- |

(b)

be initial and recurrent;

| (c) | ensure a standard of performance adequate for the purposes of controlling whether security measures are implemented in accordance with Regulation (EC) No 725/2004. |
| --- | --- |

(c)

ensure a standard of performance adequate for the purposes of controlling whether security measures are implemented in accordance with Regulation (EC) No 725/2004.

3.   The Commission shall ensure that Commission inspectors fulfil the criteria set out in paragraphs 1 and 2.

CHAPTER III

PROCEDURES FOR THE CONDUCT OF COMMISSION INSPECTIONS

Article 8

Notice of inspections

1.   The Commission shall give at least six weeks notice of an inspection to the focal point of the Member State in whose territory it is to be conducted. In response to exceptional events, this period of notice may be reduced.

Member States shall take all necessary steps to ensure that notification of an inspection is kept confidential in order to ensure that the inspection process is not compromised.

2.   The focal point shall be notified in advance of the intended scope of a Commission inspection.

Where a port facility is to be inspected and the inspection is to include ships at that port facility during the inspection, the focal point shall be informed in the notice.

3.   The focal point shall:

| (a) | inform the relevant competent authorities in the Member State of the inspection, and |
| --- | --- |

(a)

inform the relevant competent authorities in the Member State of the inspection, and

| (b) | notify the Commission of those relevant competent authorities. |
| --- | --- |

(b)

notify the Commission of those relevant competent authorities.

4.   The focal point shall advise the Commission at least 24 hours in advance of the inspection the name of the flag State and the IMO number of ships expected to be at a port facility notified under the second subparagraph of paragraph 2 during the inspection.

5.   Where the flag State is a Member State, the Commission shall, where practicable, inform the focal point of that Member State that the ship may be inspected when at the port facility.

6.   Where the inspection of a port facility in a Member State is to include a ship of that Member State as flag State, the focal point shall liaise with the Commission to confirm whether or not the ship will be at the port facility during the inspection.

7.   Commission inspections shall be carried out under the auspices of the Member State of the port facility exercising control and compliance measures under Regulation 9 of the special measures to enhance maritime security of the SOLAS Convention when either:

| (a) | the flag State of the ship is not a Member State; or |
| --- | --- |

(a)

the flag State of the ship is not a Member State; or

| (b) | the ship was not included in the information provided pursuant to paragraph 4. |
| --- | --- |

(b)

the ship was not included in the information provided pursuant to paragraph 4.

8.   When notice of an inspection is given to the focal point, a pre-inspection questionnaire may also be communicated for completion by the relevant competent authority or authorities, together with a request for the documents referred to in Article 4(2).

The notice shall also specify the date by which the completed questionnaire and documents referred to in Article 4(2) shall be returned to the Commission.

Article 9

Preparation of inspections

1.   Commission inspectors shall undertake preparatory activities in order to ensure efficiency, accuracy and consistency of inspections.

2.   The Commission shall provide the focal point with the names of the Commission inspectors mandated to conduct the inspection, and other details as appropriate.

3.   For each inspection the focal point shall ensure that a coordinator is designated to make the practical arrangements associated with the inspection activity to be undertaken.

Article 10

Conduct of inspections

1.   A standard methodology shall be used to monitor the application by Member States of the maritime security requirements laid down in Regulation (EC) No 725/2004.

2.   Member States shall ensure that Commission inspectors are accompanied at all times during the inspection.

3.   Where a ship at a port facility is to be inspected and the flag State of the ship is not the Member State of the port facility, the Member State of the port facility shall ensure that the Commission inspectors are accompanied by an officer of an authority referred to in Article 8(2) of Regulation (EC) No 725/2004 during the inspection of the ship.

4.   Commission inspectors shall carry an identity card authorising them to carry out inspections on behalf of the Commission. The Member States shall ensure that Commission inspectors are able to obtain access to all areas required for inspection purposes.

5.   A test shall only be performed after notification to and agreement with the focal point on its scope and purpose. The focal point shall undertake any necessary coordination with the competent authorities concerned.

6.   Without prejudice to Article 11, the Commission inspectors shall, wherever appropriate and practicable, deliver an informal oral summary of their observations on the spot.

The focal point shall be informed promptly of any major non-conformity with Regulation (EC) No 725/2004 identified by a Commission inspection, prior to completion of an inspection report in accordance with Article 11.

Article 11

Inspection report

1.   Within six weeks of completion of an inspection, an inspection report shall be communicated by the Commission to the Member State.

2.   Where a ship has been inspected during the inspection of a port facility, the relevant parts of the inspection report shall also be sent to the Member State that is the flag State, if different from the Member State in which the inspection took place.

3.   The Member State shall inform the inspected entities of the relevant observations of the inspection.

4.   The report shall detail the observations of the inspection, identifying any non-conformity or major non-conformity with Regulation (EC) No 725/2004.

It may contain recommendations for corrective action.

5.   When assessing the implementation of Regulation (EC) No 725/2004, one of the following classifications shall apply to each of the observations of the report:

| (a) | in conformity; |
| --- | --- |

(a)

in conformity;

| (b) | in conformity, but improvement desirable; |
| --- | --- |

(b)

in conformity, but improvement desirable;

| (c) | non-conformity; |
| --- | --- |

(c)

non-conformity;

| (d) | major non-conformity; |
| --- | --- |

(d)

major non-conformity;

| (e) | not applicable; |
| --- | --- |

(e)

not applicable;

| (f) | not confirmed. |
| --- | --- |

(f)

not confirmed.

Article 12

Response from the Member State

1.   Within three months of the date of dispatch of an inspection report, the Member State shall submit to the Commission in writing a response to the report which:

| (a) | addresses the observations and recommendations; and |
| --- | --- |

(a)

addresses the observations and recommendations; and

| (b) | provides an action plan, specifying actions and deadlines, to remedy any identified deficiencies. |
| --- | --- |

(b)

provides an action plan, specifying actions and deadlines, to remedy any identified deficiencies.

2.   Where the inspection report does not identify any non-conformity or major non-conformity with Regulation (EC) No 725/2004, no response shall be required.

Article 13

Action by the Commission

1.   The Commission may take any of the following steps in the event of non-conformity or major non-conformity with Regulation (EC) No 725/2004 and following receipt of the response of the Member State:

| (a) | submit comments to the Member State or request further explanation to clarify all or part of the response; |
| --- | --- |

(a)

submit comments to the Member State or request further explanation to clarify all or part of the response;

| (b) | conduct a follow-up inspection to check the implementation of corrective actions, the minimum notice for such a follow-up inspection being two weeks; |
| --- | --- |

(b)

conduct a follow-up inspection to check the implementation of corrective actions, the minimum notice for such a follow-up inspection being two weeks;

| (c) | initiate an infringement procedure in respect of the Member State concerned. |
| --- | --- |

(c)

initiate an infringement procedure in respect of the Member State concerned.

2.   Where a follow-up inspection of a ship is to be conducted, the Member State that is the flag State shall, where possible, inform the Commission of the ship's future ports of call, so the Commission can decide where and when to carry out the follow-up inspection.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 14

Sensitive information

Without prejudice to Article 13 of Regulation (EC) No 725/2004, the Commission shall treat sensitive inspection-related materials as classified information.

Article 15

Commission inspection programme

1.   The Commission shall seek advice from the Committee on the priorities for the implementation of its inspection programme.

2.   The Commission shall inform the Committee on a regular basis about the implementation of its inspection programme and about the results of the inspections.

Article 16

Informing Member States of major non-conformity

If an inspection discloses major non-conformity with Regulation (EC) No 725/2004 which is deemed to have a significant impact on the overall level of maritime security in the Community, the Commission shall inform the other Member States immediately after communicating the inspection report to the Member State concerned.

Article 17

Review

For the first time by 31 December 2006 and regularly thereafter the Commission shall review its system of inspections and in particular the effectiveness of that system.

Article 18

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 10 June 2005.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 129, 29.4.2004, p. 6.

1

(2)  
  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1).

2

---

| 11.6.2005 | EN | Official Journal of the European Union | L 148/30 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

L 148/30

---

COMMISSION REGULATION (EC) No 885/2005

of 10 June 2005

supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the ‘Register of protected designation of origin and protected geographical indications’ (Olive de Nice) — (PDO)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin of agricultural products and foodstuffs (1), and in particular Article 6(3) and (4) thereof.

Whereas:

| (1) | In accordance with Article 6(2) of Regulation (EEC) No 2081/92, the request from France to register the name ‘Olive de Nice’ has been published in the Official Journal of the European Union (2) . |
| --- | --- |

(1)

In accordance with Article 6(2) of Regulation (EEC) No 2081/92, the request from France to register the name ‘Olive de Nice’ has been published in the Official Journal of the European Union (2) .

| (2) | As no declaration of objection within the meaning of Article 7 of the Regulation has been forwarded to the Commission, this name can thus be entered in the Register of protected designations of origin and protected geographical indications, |
| --- | --- |

(2)

As no declaration of objection within the meaning of Article 7 of the Regulation has been forwarded to the Commission, this name can thus be entered in the Register of protected designations of origin and protected geographical indications,

HAS ADOPTED THIS REGULATION:

Article 1

The name listed in the Annex to this Regulation is hereby added to the Annex to Regulation (EC) No 2400/96 (3).

Article 2

This Regulation shall enter into force on the twentieth 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, 10 June 2005.

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 C 84, 3.4.2004, p. 12.

2

(3)  
  OJ L 327, 18.12.1996, p. 11. Regulation as last amended by Regulation (EC) No 737/2005 (OJ L 122, 14.5.2005, p. 15).

3

---

ANNEX

PRODUCTS LISTED IN ANNEX I TO THE TREATY INTENDED FOR HUMAN CONSUMPTION:

Fresh or processed fruit, vegetables and cereals

FRANCE

Olive de Nice (PDO)

---

| 11.6.2005 | EN | Official Journal of the European Union | L 148/32 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

L 148/32

---

COMMISSION REGULATION (EC) No 886/2005

of 10 June 2005

supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designations of origin and protected geographical indications (Miel de Granada) — (PDO)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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), and in particular Article 6(3) and (4) thereof,

Whereas:

| (1) | In accordance with Article 6(2) of Regulation (EEC) No 2081/92, Spain’s application to register ‘Miel de Granada’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with Article 6(2) of Regulation (EEC) No 2081/92, Spain’s application to register ‘Miel de Granada’ was published in the Official Journal of the European Union (2).

| (2) | An objection was lodged with the Commission under Article 7 of Regulation (EEC) No 2081/92. As this objection met none of the admissibility conditions laid down in Article 7(4) of that Regulation, the name should accordingly be entered in the Register of protected designations of origin and protected geographical indications, |
| --- | --- |

(2)

An objection was lodged with the Commission under Article 7 of Regulation (EEC) No 2081/92. As this objection met none of the admissibility conditions laid down in Article 7(4) of that Regulation, the name should accordingly be entered in the Register of protected designations of origin and protected geographical indications,

HAS ADOPTED THIS REGULATION:

Article 1

The name in the Annex to this Regulation is hereby added to the Annex to Regulation (EC) No 2400/96 (3).

Article 2

This Regulation shall enter into force on the twentieth 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, 10 June 2005.

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 C 89, 14.4.2004, p. 3.

2

(3)  
  OJ L 327, 18.12.1996, p. 11. Regulation as last amended by Regulation (EC) No 737/2005 (OJ L 122, 14.5.2005, p. 15).

3

---

ANNEX

PRODUCTS LISTED IN ANNEX I TO THE EC TREATY, INTENDED FOR HUMAN CONSUMPTION

Other animal products (eggs, honey, various milk products except butter, etc.)

SPAIN

Miel de Granada (PDO)

---

| 11.6.2005 | EN | Official Journal of the European Union | L 148/34 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

L 148/34

---

COMMISSION REGULATION (EC) No 887/2005

of 10 June 2005

opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for certain wines in Greece

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33(1)(f) thereof,

Whereas:

| (1) | Article 30 of Regulation (EC) No 1493/1999 provides for the possibility of a crisis distillation measure in the event of exceptional market disturbance due to major surpluses. Such measures may be limited to certain categories of wine and/or certain areas of production, and may apply to quality wines produced in specified regions (quality wines psr) at the request of the Member State concerned. |
| --- | --- |

(1)

Article 30 of Regulation (EC) No 1493/1999 provides for the possibility of a crisis distillation measure in the event of exceptional market disturbance due to major surpluses. Such measures may be limited to certain categories of wine and/or certain areas of production, and may apply to quality wines produced in specified regions (quality wines psr) at the request of the Member State concerned.

| (2) | By letter of 7 April 2005, the Greek Government requested that crisis distillation be opened for table wine produced in Greece and on the market in quality wines psr. |
| --- | --- |

(2)

By letter of 7 April 2005, the Greek Government requested that crisis distillation be opened for table wine produced in Greece and on the market in quality wines psr.

| (3) | Considerable surpluses have been recorded on the market in table wine and quality wines psr in Greece, which are reflected in a fall in prices and a worrying rise in stocks towards the end of the current marketing year. In order to reverse this negative trend, and so remedy the difficult market situation, stocks of Greek wine should be reduced to a level that can be regarded as normal in terms of covering market requirements. |
| --- | --- |

(3)

Considerable surpluses have been recorded on the market in table wine and quality wines psr in Greece, which are reflected in a fall in prices and a worrying rise in stocks towards the end of the current marketing year. In order to reverse this negative trend, and so remedy the difficult market situation, stocks of Greek wine should be reduced to a level that can be regarded as normal in terms of covering market requirements.

| (4) | Since the conditions laid down in Article 30(5) of Regulation (EC) No 1493/1999 are satisfied, a crisis distillation measure should be opened for a maximum of 340 000 hectolitres of table wine and 40 000 hectolitres of quality wines produced in specified regions (quality wines psr). |
| --- | --- |

(4)

Since the conditions laid down in Article 30(5) of Regulation (EC) No 1493/1999 are satisfied, a crisis distillation measure should be opened for a maximum of 340 000 hectolitres of table wine and 40 000 hectolitres of quality wines produced in specified regions (quality wines psr).

| (5) | The crisis distillation opened by this Regulation must comply with the conditions laid down by Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) as regards the distillation measure provided for in Article 30 of Regulation (EC) No 1493/1999. Other provisions of Regulation (EC) No 1623/2000 must also apply, in particular those concerning the delivery of alcohol to intervention agencies and the payment of advances. |
| --- | --- |

(5)

The crisis distillation opened by this Regulation must comply with the conditions laid down by Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) as regards the distillation measure provided for in Article 30 of Regulation (EC) No 1493/1999. Other provisions of Regulation (EC) No 1623/2000 must also apply, in particular those concerning the delivery of alcohol to intervention agencies and the payment of advances.

| (6) | The price distillers must pay producers should be set at a level that permits the market disturbance to be dealt with by allowing producers to take advantage of the possibility afforded by this measure. |
| --- | --- |

(6)

The price distillers must pay producers should be set at a level that permits the market disturbance to be dealt with by allowing producers to take advantage of the possibility afforded by this measure.

| (7) | The product of crisis distillation must be raw or neutral alcohol only, for compulsory delivery to the intervention agency in order to avoid disturbing the market for potable alcohol, which is supplied largely by the distillation provided for in Article 29 of Regulation (EC) No 1493/1999. |
| --- | --- |

(7)

The product of crisis distillation must be raw or neutral alcohol only, for compulsory delivery to the intervention agency in order to avoid disturbing the market for potable alcohol, which is supplied largely by the distillation provided for in Article 29 of Regulation (EC) No 1493/1999.

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

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Crisis distillation as provided for in Article 30 of Regulation (EC) No 1493/1999 is hereby opened for a maximum of 340 000 hectolitres of table wine and 40 000 hectolitres of quality wines produced in specified regions (quality wines psr) in Greece, in accordance with the provisions of Regulation (EC) No 1623/2000 concerning this type of distillation.

Article 2

Producers may conclude contracts as provided for in Article 65 of Regulation (EC) No 1623/2000 (hereinafter referred to as contracts) from 13 June to 1 July 2005.

Contracts shall be accompanied by proof that a security equal to EUR 5 per hectolitre has been lodged.

Contracts may not be transferred.

Article 3

1.   If the total quantities covered by the contracts submitted to the intervention agency exceed the quantities laid down in Article 1, Greece shall determine the rates of reduction to be applied to those contracts.

2.   Greece shall take the administrative steps necessary to approve the contracts not later than 18 July 2005. The approval shall specify any rate of reduction applied and the quantity of wine accepted per contract and shall stipulate that the producer may cancel the contract where the quantity to be distilled is reduced.

Greece shall notify the Commission before 1 August 2005 of the quantities of wine covered by approved contracts.

3.   Greece may limit the number of contracts that individual producers may conclude under this Regulation.

Article 4

1.   The quantities of wine covered by approved contracts shall be delivered to the distilleries not later than 15 November 2005. The alcohol obtained shall be delivered to the intervention agency in accordance with Article 6(1) not later than 15 March 2006.

2.   The security shall be released in proportion to the quantities delivered when the producer presents proof of delivery to a distillery.

The security shall be forfeit where no delivery is made within the time limit laid down in paragraph 1.

Article 5

The minimum price paid for wine delivered for distillation under this Regulation shall be EUR 1,914/% vol/hl for table wine and EUR 2,30/% vol/hl for quality wines psr.

Article 6

1.   Distillers shall deliver the product obtained from distillation to the intervention agency. That product shall be of an alcoholic strength of at least 92 % vol.

2.   The price to be paid to the distiller by the intervention agency for the raw alcohol delivered shall be EUR 2,281/% vol/hl where it is produced from table wine and EUR 2,667/% vol/hl where it is produced from quality wines psr. The payment shall be made in accordance with Article 62(5) of Regulation (EC) No 1623/2000. However, payment of these prices may only be made from 16 October 2005.

Distillers may receive an advance on those amounts of EUR 1,122/% vol/hl in the case of alcohol produced from table wine and EUR 1,508/% vol/hl in the case of alcohol produced from quality wines psr. In that case the advances shall be deducted from the prices actually paid. Articles 66 and 67 of Regulation (EC) No 1623/2000 shall apply. However, payment of these advances may only be made from 16 October 2005.

Article 7

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

It shall apply from 13 June 2005.

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

Done at Brussels, 10 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation last amended by the 2003 Act of Accession.

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation (EC) No 616/2005 (OJ L 103, 22.4.2005, p. 15).

2

---

II Acts whose publication is not obligatory

Commission

| 11.6.2005 | EN | Official Journal of the European Union | L 148/36 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

L 148/36

---

COMMISSION DECISION

of 2 June 2005

establishing a specific monitoring programme related to the recovery of cod stocks

(notified under document number C(2005) 1538)

(only the Danish, German, English, French, Dutch and Swedish texts are authentic)

(2005/429/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 34c(1) thereof,

Whereas:

| (1) | Council Regulation (EC) No 423/2004 (2) establishes measures for the recovery of cod stocks in the Kattegatt, the North Sea, the Skagerrak and the Eastern Channel, the West of Scotland and the Irish Sea. |
| --- | --- |

(1)

Council Regulation (EC) No 423/2004 (2) establishes measures for the recovery of cod stocks in the Kattegatt, the North Sea, the Skagerrak and the Eastern Channel, the West of Scotland and the Irish Sea.

| (2) | Annex IVa to Council Regulation (EC) No 27/2005, of 22 December 2004, fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down interim fishing effort limitations and additional conditions for monitoring, inspection and surveillance in the context of certain stocks recovery measures applicable to all fisheries likely to catch cod in the Kattegatt, the North Sea, the Skagerrak and the Eastern Channel, the West of Scotland and the Irish Sea. |
| --- | --- |

(2)

Annex IVa to Council Regulation (EC) No 27/2005, of 22 December 2004, fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down interim fishing effort limitations and additional conditions for monitoring, inspection and surveillance in the context of certain stocks recovery measures applicable to all fisheries likely to catch cod in the Kattegatt, the North Sea, the Skagerrak and the Eastern Channel, the West of Scotland and the Irish Sea.

| (3) | To ensure the success of those measures, it is necessary to establish a specific monitoring programme involving Belgium, Denmark, Germany, France, Ireland, the Netherlands, Sweden and the United Kingdom, with the objective of guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of cod stocks. |
| --- | --- |

(3)

To ensure the success of those measures, it is necessary to establish a specific monitoring programme involving Belgium, Denmark, Germany, France, Ireland, the Netherlands, Sweden and the United Kingdom, with the objective of guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of cod stocks.

| (4) | That specific monitoring programme should be defined for a period of two years and may be revised in the light of the adoption of new conservation measures or at the request of a Member State. The results obtained by the application of the specific monitoring programme should be periodically evaluated in cooperation with the Member States concerned. Where appropriate, that programme may be amended. |
| --- | --- |

(4)

That specific monitoring programme should be defined for a period of two years and may be revised in the light of the adoption of new conservation measures or at the request of a Member State. The results obtained by the application of the specific monitoring programme should be periodically evaluated in cooperation with the Member States concerned. Where appropriate, that programme may be amended.

| (5) | In order to harmonise the inspection and surveillance of the relevant fisheries at Community level, it is appropriate to draw up common rules for the inspection and surveillance activities to be carried out by the competent authorities of the Member States concerned, and that Member States adopt national control programmes in order to match such common rules. To that end, benchmarks for the intensity of inspection and surveillance activities should be fixed, as well as inspection priorities and inspection procedures. |
| --- | --- |

(5)

In order to harmonise the inspection and surveillance of the relevant fisheries at Community level, it is appropriate to draw up common rules for the inspection and surveillance activities to be carried out by the competent authorities of the Member States concerned, and that Member States adopt national control programmes in order to match such common rules. To that end, benchmarks for the intensity of inspection and surveillance activities should be fixed, as well as inspection priorities and inspection procedures.

| (6) | Exchanges of national inspectors between the Member States concerned should be encouraged so as to enhance uniformity of inspection and surveillance practices and help develop the coordination of the control activities between the competent authorities of those Member States. |
| --- | --- |

(6)

Exchanges of national inspectors between the Member States concerned should be encouraged so as to enhance uniformity of inspection and surveillance practices and help develop the coordination of the control activities between the competent authorities of those Member States.

| (7) | To ensure the follow-up of infringements in accordance with Article 25 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4), a framework should be set up under which all the authorities concerned may request mutual assistance and exchange relevant information in accordance with Articles 34a and 34b of Regulation (EEC) No 2847/93 and Article 28 of Regulation (EC) No 2371/2002. |
| --- | --- |

(7)

To ensure the follow-up of infringements in accordance with Article 25 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4), a framework should be set up under which all the authorities concerned may request mutual assistance and exchange relevant information in accordance with Articles 34a and 34b of Regulation (EEC) No 2847/93 and Article 28 of Regulation (EC) No 2371/2002.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION:

Article 1

Subject-matter

This Decision establishes a specific monitoring programme (the specific monitoring programme), for a period of two years, in order to ensure the harmonised control of compliance with the rules for promoting the recovery of cod stocks in the following areas, as defined in Article 2 of Regulation (EC) No 423/2004:

| (a) | Kattegatt; |
| --- | --- |

(a)

Kattegatt;

| (b) | North Sea; |
| --- | --- |

(b)

North Sea;

| (c) | Skagerrak; |
| --- | --- |

(c)

Skagerrak;

| (d) | Eastern Channel; |
| --- | --- |

(d)

Eastern Channel;

| (e) | Irish Sea; |
| --- | --- |

(e)

Irish Sea;

| (f) | West of Scotland. |
| --- | --- |

(f)

West of Scotland.

Article 2

Scope

The specific monitoring programme shall cover the inspection and surveillance of:

| (a) | fishing activities by vessels using fishing gear types identified in Article 8 of Regulation (EC) No 423/2004 as likely to catch cod in the areas referred to in Article 1 of this Decision; |
| --- | --- |

(a)

fishing activities by vessels using fishing gear types identified in Article 8 of Regulation (EC) No 423/2004 as likely to catch cod in the areas referred to in Article 1 of this Decision;

| (b) | all related activities including the transhipment, landing, marketing, transport and storage of fishery products and the recording of landing and sales. |
| --- | --- |

(b)

all related activities including the transhipment, landing, marketing, transport and storage of fishery products and the recording of landing and sales.

Article 3

National control programmes

1.   Belgium, Denmark, Germany, France, Ireland, the Netherlands, Sweden and the United Kingdom shall establish national control programmes in conformity with the common rules set out in Annex I.

2.   National control programmes shall contain all the data listed in Annex II.

3.   The Member States referred to in paragraph 1 shall submit to the Commission, three months after the communication of this decision at the latest, their national control programme and an implementation schedule for the first six months of their programme. The schedule shall include details as regards the human and material resources allocated and the periods and zones where they are to be deployed.

4.   Thereafter, the Member States concerned shall notify an updated implementation schedule to the Commission every six months and no later than 15 days before the date of commencement of its implementation.

Article 4

Commission inspections

1.   Inspections may be carried out by Commission inspectors without the assistance of inspectors of the Member States concerned, in accordance with Article 27 of Regulation (EC) No 2371/2002.

2.   The competent authority of the Member State concerned shall provide the Commission inspectors with the assistance necessary to conduct the inspections provided for in paragraph 1.

3.   The Commission inspectors shall verify their findings with the inspectors of the Member State concerned. To that end, they shall meet after each of their inspection visits with officials of the competent authority of the Member State concerned in order to brief them on their findings.

Article 5

Joint inspection and surveillance activities

1.   The Member States referred to in Article 3(1) may undertake joint inspection and surveillance activities.

2.   For that purpose, the Member States concerned shall:

| (a) | ensure that inspectors from other Member States concerned are invited to participate in their joint inspection activities; |
| --- | --- |

(a)

ensure that inspectors from other Member States concerned are invited to participate in their joint inspection activities;

| (b) | establish joint operational procedures applicable to their surveillance crafts. |
| --- | --- |

(b)

establish joint operational procedures applicable to their surveillance crafts.

3.   Commission inspectors may participate in those joint inspections.

Article 6

Infringements

1.   In waters subject to their jurisdiction, Member States whose inspectors discover any infringement while carrying out an inspection of a vessel flying the flag of another Member State shall inform the flag Member State of the date of inspection and the details of the infringement.

2.   Where the Member State whose inspectors discovered the infringement does not take further action, the flag Member State shall take prompt action as appropriate to receive and consider the evidence of the infringement. It shall conduct any further investigation as necessary for the follow-up of the infringement. Whenever possible, it shall inspect the fishing vessel concerned.

3.   Member States shall cooperate to ensure that, if prosecution of an infringement is transferred in accordance with Article 31(4) of Regulation (EEC) No 2847/93, the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.

Article 7

Information

1.   The Member States referred to in Article 3(1) shall communicate to the Commission, no later than one month from the date of the end of each six months period as referred to in Article 3(3), the following information concerning that period:

| (a) | the number of vessels by gear category authorised to fish cod subject to the conditions of Article 8 of Regulation (EC) No 423/2004 and the best estimation of the allocation of fishing possibilities among them; |
| --- | --- |

(a)

the number of vessels by gear category authorised to fish cod subject to the conditions of Article 8 of Regulation (EC) No 423/2004 and the best estimation of the allocation of fishing possibilities among them;

| (b) | the inspection and surveillance activities carried out; |
| --- | --- |

(b)

the inspection and surveillance activities carried out;

| (c) | all infringements, as defined in Annex III, detected during the six months period, including for each infringement the flag of the vessel, the identification code, the date, time and location of the inspection and the nature of the infringement; Member States shall indicate the nature of the infringement by references to the letter under which there are listed in Annex III; |
| --- | --- |

(c)

all infringements, as defined in Annex III, detected during the six months period, including for each infringement the flag of the vessel, the identification code, the date, time and location of the inspection and the nature of the infringement; Member States shall indicate the nature of the infringement by references to the letter under which there are listed in Annex III;

| (d) | infringements not listed in Annex III detected during the six months period; |
| --- | --- |

(d)

infringements not listed in Annex III detected during the six months period;

| (e) | the current state of play concerning the follow-up of infringements detected; |
| --- | --- |

(e)

the current state of play concerning the follow-up of infringements detected;

| (f) | any relevant coordination and cooperation actions between Member States. |
| --- | --- |

(f)

any relevant coordination and cooperation actions between Member States.

2.   At the request of the Commission, more detailed information collected by inspectors, and in particular inspector copies of the inspection forms containing information on the matters set out in Annex IV, shall be provided by the Member States concerned.

Article 8

Evaluation

The Commission shall convene at least once a year a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the specific monitoring programme.

Article 9

Addresses

This decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, Ireland, the Kingdom of the Netherlands, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 2 June 2005.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

1

(2)  
  OJ L 70, 9.3.2004, p. 8.

2

(3)  
  OJ L 12, 14.1.2005, p. 1.

3

(4)  
  OJ L 358, 31.12.2002, p. 59.

4

---

ANNEX I

Common Rules for national control programmes, as referred to in Article 3(1)

1.   OBJECTIVES

| 1.1. | The general objective of the national control programmes shall be the verification of compliance with applicable legislation concerning:






  (a) | quantitative restrictions on the retention on board, landing, marketing and transport of catches of cod and associated species as provided for in Regulation (EC) No 423/2004; |
| --- | --- | --- |

1.1.

(a)

quantitative restrictions on the retention on board, landing, marketing and transport of catches of cod and associated species as provided for in Regulation (EC) No 423/2004;

| (b) | logbooks, landing declarations, sales notes and prior notices of landing, including in particular verifying the reliability of the information recorded; |
| --- | --- |

(b)

logbooks, landing declarations, sales notes and prior notices of landing, including in particular verifying the reliability of the information recorded;

| (c) | general technical conservation measures and specific technical measures for fishing for cod and associated species, as provided for in Commission Regulation (EC) No 2056/2001 (1). |
| --- | --- |

(c)

general technical conservation measures and specific technical measures for fishing for cod and associated species, as provided for in Commission Regulation (EC) No 2056/2001 (1).

| 1.2. | The specific objective of the national control programmes shall be to achieve a harmonised implementation of the provisions of Regulation (EC) No 423/2004 and in particular Chapters IV and V of that Regulation. |
| --- | --- |

1.2.

2.   STRATEGY

The specific monitoring programme for cod stocks shall concentrate on inspection and surveillance of fishing activities by vessels using gear types identified in Article 8 of Regulation (EC) No 423/2004 as likely to catch cod. Random inspections of transport and marketing of cod shall be used as a complementary cross-checking mechanism to test the efficiency of inspection and surveillance.

2.1.   Priorities

Different gear categories shall be subject to different levels of prioritisation, depending on the extent to which the fleets are affected by fishing effort limitations. For that reason, each Member State shall set specific priorities.

2.2.   Target Benchmarks

At the end of a three-month transition period from the date of notification of this Decision, Member States shall implement their inspection schedules taking into account the targets set out for Community vessels in the following table.

| Place of inspection | Target benchmarks |
| --- | --- |
| Inspection in ports | As a general rule, inspections shall cover 20 % by weight of cod landings covering all places of landing. Alternatively, inspections shall be undertaken at such frequency as to ensure that during a three month period a number of vessels that account for 20 % or more by weight of cod landings are inspected at least once. The total quantity of landings inspected in number should guarantee an accuracy of 95 % on the estimation of the total quantities of cod landed. |
| Marketing | Inspection of 5 % of the quantities of cod offered for sale in the auction halls |
| Inspection at sea | Flexible benchmark, to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer the number of patrol days at sea in the cod recovery zone, with possibly a separate benchmark for days patrolling specific areas. |
| Aerial surveillance | Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal. |

Place of inspection

Target benchmarks

Inspection in ports

As a general rule, inspections shall cover 20 % by weight of cod landings covering all places of landing. Alternatively, inspections shall be undertaken at such frequency as to ensure that during a three month period a number of vessels that account for 20 % or more by weight of cod landings are inspected at least once. The total quantity of landings inspected in number should guarantee an accuracy of 95 % on the estimation of the total quantities of cod landed.

Marketing

Inspection of 5 % of the quantities of cod offered for sale in the auction halls

Inspection at sea

Flexible benchmark, to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer the number of patrol days at sea in the cod recovery zone, with possibly a separate benchmark for days patrolling specific areas.

Aerial surveillance

Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal.

3.   INSPECTION TASKS

3.1.   General inspection tasks

An inspection report shall be drawn up for each inspection. Inspectors shall in any case verify and note in their report the following information:

| (a) | the details of the identity of the responsible persons, as well as those of the vessel or vehicles involved in the activities inspected; |
| --- | --- |

(a)

the details of the identity of the responsible persons, as well as those of the vessel or vehicles involved in the activities inspected;

| (b) | the authorisations, licence and special fishing permit; |
| --- | --- |

(b)

the authorisations, licence and special fishing permit;

| (c) | relevant vessel documentation such as the logbook, and capacity plans. |
| --- | --- |

(c)

relevant vessel documentation such as the logbook, and capacity plans.

The information referred to in points (a), (b) and (c) and all relevant findings from the inspection done at sea, by aerial surveillance, at port or at any step of the commercialisation process, shall be noted in the inspection reports.

Those findings shall be compared with the information made available to the inspectors by other competent authorities, including the Vessel Monitoring System information and lists of authorised vessels.

3.2.   Specific inspection tasks for aerial surveillance

Inspectors shall verify sightings against allocation of effort.

Inspectors shall report on surveillance data for cross-checking purposes.

Particular attention shall be devoted to derogation areas, such as the West of Scotland.

3.3.   Inspection tasks at sea

Inspectors shall always verify the quantities of fish retained on board and compare them with the quantities recorded in the logbook as well as compliance with separate stowage obligations.

Inspectors shall verify whether the gear used is in compliance with the relevant legal provisions and verify, in particular, if the one net rule is respected.

3.4.   Inspection tasks at landing

Inspectors shall systematically verify the following:

| (a) | prior notification of landing including the information concerning the catch on board, |
| --- | --- |

(a)

prior notification of landing including the information concerning the catch on board,

| (b) | the completion of the logbook, including effort recording, |
| --- | --- |

(b)

the completion of the logbook, including effort recording,

| (c) | the physical quantities on board, |
| --- | --- |

(c)

the physical quantities on board,

| (d) | the gear on board, |
| --- | --- |

(d)

the gear on board,

| (e) | the catch composition on board (by-catch rules), |
| --- | --- |

(e)

the catch composition on board (by-catch rules),

| (f) | the separate stowage of cod. |
| --- | --- |

(f)

the separate stowage of cod.

3.5.   Inspection tasks concerning transports and marketing

As regards transport, inspectors shall verify in particular the relevant documents accompanying transport and check them against the physical quantities transported.

As regards marketing, inspectors shall verify the documentation (logbook, landing declaration and sales notes) and sorting and weighing of the physical quantities.

---

(1)  
  OJ L 277, 20.10.2001, p. 13.

---

ANNEX II

The contents of National Control Programmes as referred to in Article 3(2)

National control programmes shall, inter alia, specify:

1.   MEANS OF CONTROL

1.1.   Human means

Estimation of the numbers of shore-based and seagoing inspectors and the periods and zones where these are to be deployed

1.2.   Technical means

Estimation of the numbers of patrol vessels and aircraft and the periods and zones where these are to be deployed.

1.3.   Financial means

Estimation of the budgetary allocation for deployment of human resources, patrol vessels and aircrafts.

2.   DESIGNATION OF PORTS

List of the designated ports into which any landings of cod in excess of two tonnes must take place.

3.   EFFORT CONTROL

The system in place for allocation, monitoring and control of fishing effort, including:

| 3.1. | definition of day present in the area; |
| --- | --- |

3.1.

definition of day present in the area;

| 3.2. | system in use to verify the track records of vessels allocated extra days; |
| --- | --- |

3.2.

system in use to verify the track records of vessels allocated extra days;

| 3.3. | system in use to verify compliance with the by-catch restrictions placed upon vessels benefiting from extra days allocations or derogations; |
| --- | --- |

3.3.

system in use to verify compliance with the by-catch restrictions placed upon vessels benefiting from extra days allocations or derogations;

| 3.4. | instructions issued to industry on how to register their intended management period and gear category; |
| --- | --- |

3.4.

instructions issued to industry on how to register their intended management period and gear category;

| 3.5. | instructions issued to industry on how to register their intentions to use more than one gear category during a management period; |
| --- | --- |

3.5.

instructions issued to industry on how to register their intentions to use more than one gear category during a management period;

| 3.6. | how effort data is managed and structure of the database; |
| --- | --- |

3.6.

how effort data is managed and structure of the database;

| 3.7. | system in use for the transfer of days; |
| --- | --- |

3.7.

system in use for the transfer of days;

| 3.8. | system in use for the allocation of extra days; |
| --- | --- |

3.8.

system in use for the allocation of extra days;

| 3.9. | system in use for the non-attribution of transit days; |
| --- | --- |

3.9.

system in use for the non-attribution of transit days;

| 3.10. | system in use to ensure that equivalent capacity is withdrawn to allow vessels with no track record to fish in an area. |
| --- | --- |

3.10.

system in use to ensure that equivalent capacity is withdrawn to allow vessels with no track record to fish in an area.

4.   EFFORT REGIME

Associated conditions including:

| 4.1. | description of the hailing system in use; |
| --- | --- |

4.1.

description of the hailing system in use;

| 4.2. | description of alternative control measures; |
| --- | --- |

4.2.

description of alternative control measures;

| 4.3. | system in place to ensure compliance with the pre-notification conditions; |
| --- | --- |

4.3.

system in place to ensure compliance with the pre-notification conditions;

| 4.4. | methodology to implement authorisation to land (facultative); |
| --- | --- |

4.4.

methodology to implement authorisation to land (facultative);

| 4.5. | method of calculation of the margin of tolerance in the estimation of quantities; |
| --- | --- |

4.5.

method of calculation of the margin of tolerance in the estimation of quantities;

| 4.6. | separate stowage; |
| --- | --- |

4.6.

separate stowage;

| 4.7. | sampling plan of weighing of landings; |
| --- | --- |

4.7.

sampling plan of weighing of landings;

| 4.8. | transport documents. |
| --- | --- |

4.8.

transport documents.

5.   INSPECTION PROTOCOLS

Protocols for inspections at landing, first sale, after first sale and transport.

Protocols for sea inspections

6.   GUIDELINES

Explanatory guidelines for inspectors, producers’ organisations and fishermen.

7.   COMMUNICATION PROTOCOLS

Protocols for communication with the competent authorities designated by other Member States as being responsible for the specific monitoring programme for cod.

8.   EXCHANGES OF INSPECTORS

Protocols for exchange of inspectors including specification of powers and authority of inspectors operating in each other’s EEZ.

Specific inspection benchmarks

Each Member State shall set specific benchmarks. Such benchmarks shall be communicated to all Member States concerned and revised periodically after analysis of the results achieved. Inspection benchmark shall evolve progressively until the target benchmarks defined in Annex I of this Regulation are reached.

---

ANNEX III

List of infringements as referred to in Article 7

| A. | Failure by the master of a fishing vessel or his representative, prior to entry to port of a Member State with more than one tonne of cod on board, to respect the pre-notification rules laid down in Article 11 of Regulation (EC) No 423/2004. |
| --- | --- |

A.

Failure by the master of a fishing vessel or his representative, prior to entry to port of a Member State with more than one tonne of cod on board, to respect the pre-notification rules laid down in Article 11 of Regulation (EC) No 423/2004.

| B. | Failure by the master of a fishing vessel carrying more than two tonnes of cod to land into a designated port as laid down in Article 12 of Regulation (EC) No 423/2004. |
| --- | --- |

B.

Failure by the master of a fishing vessel carrying more than two tonnes of cod to land into a designated port as laid down in Article 12 of Regulation (EC) No 423/2004.

| C. | Being absent from port for more than the number of days laid down under the provisions adopted by the Council according Article 8 of Regulation (EC) No 423/2004. |
| --- | --- |

C.

Being absent from port for more than the number of days laid down under the provisions adopted by the Council according Article 8 of Regulation (EC) No 423/2004.

| D. | Tampering with the satellite-based vessel monitoring system as laid down in Article 6 of Commission Regulation (EC) No 2244/2003 (1). |
| --- | --- |

D.

Tampering with the satellite-based vessel monitoring system as laid down in Article 6 of Commission Regulation (EC) No 2244/2003 (1).

| E. | Falsifying or failing to record data in logbooks including effort reports, landing declarations, and sales notes, takeover declarations and transport documents or failure to keep or submit these documents as laid down in Articles 13, 14 and 15 of Regulation (EC) No 423/2004. |
| --- | --- |

E.

Falsifying or failing to record data in logbooks including effort reports, landing declarations, and sales notes, takeover declarations and transport documents or failure to keep or submit these documents as laid down in Articles 13, 14 and 15 of Regulation (EC) No 423/2004.

| F. | Failure by the master of a fishing vessel or his representative to notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period as defined under the provisions adopted by the Council according Article 8 of Regulation (EC) No 423/2004. |
| --- | --- |

F.

Failure by the master of a fishing vessel or his representative to notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period as defined under the provisions adopted by the Council according Article 8 of Regulation (EC) No 423/2004.

| G. | Failure by the master of a fishing vessel or his representative to carry on board, during a given trip, only one type of fishing gear as defined under the provisions adopted by the Council pursuant to Article 8 of Regulation (EC) No 423/2004. |
| --- | --- |

G.

Failure by the master of a fishing vessel or his representative to carry on board, during a given trip, only one type of fishing gear as defined under the provisions adopted by the Council pursuant to Article 8 of Regulation (EC) No 423/2004.

| H. | Failure by the master of a fishing vessel or his representative to give prior notification of the type of fishing gear that is to be carried on board before each fishing trip as defined under the provisions adopted by the Council according to Article 8 of Regulation (EC) No 423/2004. |
| --- | --- |

H.

Failure by the master of a fishing vessel or his representative to give prior notification of the type of fishing gear that is to be carried on board before each fishing trip as defined under the provisions adopted by the Council according to Article 8 of Regulation (EC) No 423/2004.

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(1)  
  OJ L 333, 20.12.2003, p. 17.

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ANNEX IV

Specific items to be included in the inspection form to communicate inspection data as referred to in Article 7(2)

NOTIFICATIONS

Image 1

Notified the authorities which gear or gears he intends to use during the forthcoming management period:

YES NO

Before the trip the master gave prior notice of the type of fishing gear that is to carried on board:

YES NO

Is the vessel only carrying one gear category: YES NO

Were the conditions of prior notice of landing complied with: YES NO

VESSEL DOCUMENTATION

Image 2

Licence: YES NO

Special fishing permit: YES NO

Certified drawings/description of fish rooms: YES NO

VMS transponder installed and operating: YES NO

VERIFICATION OF FISH LOGBOOK

Image 3

Duration of fishing trip days

Frequented fishing areas ... ICES/divisions

Fishing in any recovery box:

YES NO

If YES specify:

If YES, were the hailing requirements governing access to box complied with:

YES NO

VERIFICATION OF STORAGE AND STOWAGE FOR COD

Image 4

Separate fish holds: YES NO

Stowage on board

Separate Stowage of cod? YES NO

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