# Official Journal L 369/16 D

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 369 |
| | |
| English edition | Legislation | Volume 4716 December 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 369

English edition

Legislation

Volume 4716 December 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 2132/2004 of 6 December 2004 fixing for the 2005 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000 | 1 |
| | * | Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end | 5 |
| | | Commission Regulation (EC) No 2134/2004 of 15 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 11 |
| | * | Commission Regulation (EC) No 2135/2004 of 14 December 2004 prohibiting fishing for Northern prawn by vessels flying the flag of Poland | 13 |
| | * | Commission Regulation (EC) No 2136/2004 of 14 December 2004 amending Annex II to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia | 14 |
| | * | Commission Regulation (EC) No 2137/2004 of 14 December 2004 establishing unit values for the determination of the customs value of certain perishable goods | 18 |
| | * | Commission Regulation (EC) No 2138/2004 of 15 December 2004 amending Regulation (EC) No 14/2004 as regards the forecast supply balance for the Canary Islands for milk and cream | 24 |
| | * | Commission Regulation (EC) No 2139/2004 of 8 December 2004 adapting and implementing Council Regulation (EEC) No 571/88 and amending Commission Decision 2000/115/EC with a view to the organisation of Community surveys on the structure of agricultural holdings in 2005 and 2007 | 26 |
| | * | Commission Regulation (EC) No 2140/2004 of 15 December 2004 laying down detailed rules for the application of Regulation (EC) No 1245/2004 as regards applications for fisheries licences in waters in the exclusive economic zone of Greenland | 49 |
| | * | Commission Regulation (EC) No 2141/2004 of 15 December 2004 laying down, for the 2004/2005 marketing year, the revised production estimate for unginned cotton and the resulting new provisional reduction in the guide price | 53 |
| | | Commission Regulation (EC) No 2142/2004 of 15 December 2004 fixing the import duties in the cereals sector applicable from 16 December 2004 | 55 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 2132/2004 of 6 December 2004 fixing for the 2005 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

1

*

Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end

5

Commission Regulation (EC) No 2134/2004 of 15 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

11

*

Commission Regulation (EC) No 2135/2004 of 14 December 2004 prohibiting fishing for Northern prawn by vessels flying the flag of Poland

13

*

Commission Regulation (EC) No 2136/2004 of 14 December 2004 amending Annex II to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

14

*

Commission Regulation (EC) No 2137/2004 of 14 December 2004 establishing unit values for the determination of the customs value of certain perishable goods

18

*

Commission Regulation (EC) No 2138/2004 of 15 December 2004 amending Regulation (EC) No 14/2004 as regards the forecast supply balance for the Canary Islands for milk and cream

24

*

Commission Regulation (EC) No 2139/2004 of 8 December 2004 adapting and implementing Council Regulation (EEC) No 571/88 and amending Commission Decision 2000/115/EC with a view to the organisation of Community surveys on the structure of agricultural holdings in 2005 and 2007

26

*

Commission Regulation (EC) No 2140/2004 of 15 December 2004 laying down detailed rules for the application of Regulation (EC) No 1245/2004 as regards applications for fisheries licences in waters in the exclusive economic zone of Greenland

49

*

Commission Regulation (EC) No 2141/2004 of 15 December 2004 laying down, for the 2004/2005 marketing year, the revised production estimate for unginned cotton and the resulting new provisional reduction in the guide price

53

Commission Regulation (EC) No 2142/2004 of 15 December 2004 fixing the import duties in the cereals sector applicable from 16 December 2004

55

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | 2004/853/EC:Council Decision of 7 December 2004 authorising the French Republic and the Italian Republic to apply a measure derogating from Article 3(1) of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes | 58 |
| | * | 2004/854/EC:Council Decision of 7 December 2004 amending Decision 2001/865/EC authorising the Kingdom of Spain to apply a measure derogating from Article 11 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes | 60 |
| | * | 2004/855/EC:Council Decision of 7 December 2004 amending Article 3 of Decision 98/198/EC authorising the United Kingdom to extend application of a measure derogating from Articles 6 and 17 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes | 61 |
| | * | 2004/856/EC:Council Decision of 7 December 2004 amending Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes | 63 |
| | | Commission |
| | * | 2004/857/EC:Commission Decision of 8 December 2004 amending Decision 97/222/EC laying down the list of third countries from which the Member States authorise the importation of meat products
  (notified under document number C(2004) 4563)

   (
  1
  ) | 65 |
| | * | 2004/858/EC:Commission Decision of 15 December 2004 setting up an executive agency, the Executive Agency for the Public Health Programme, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003 | 73 |

II   Acts whose publication is not obligatory

Council

*

2004/853/EC:Council Decision of 7 December 2004 authorising the French Republic and the Italian Republic to apply a measure derogating from Article 3(1) of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

58

*

2004/854/EC:Council Decision of 7 December 2004 amending Decision 2001/865/EC authorising the Kingdom of Spain to apply a measure derogating from Article 11 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

60

*

2004/855/EC:Council Decision of 7 December 2004 amending Article 3 of Decision 98/198/EC authorising the United Kingdom to extend application of a measure derogating from Articles 6 and 17 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

61

*

2004/856/EC:Council Decision of 7 December 2004 amending Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

63

Commission

*

2004/857/EC:Commission Decision of 8 December 2004 amending Decision 97/222/EC laying down the list of third countries from which the Member States authorise the importation of meat products
  (notified under document number C(2004) 4563)

   (
  1
  )

(notified under document number C(2004) 4563)

1

65

*

2004/858/EC:Commission Decision of 15 December 2004 setting up an executive agency, the Executive Agency for the Public Health Programme, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003

73

| | |
| --- | --- |
| | (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

| 16.12.2004 | EN | Official Journal of the European Union | L 369/1 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/1

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COUNCIL REGULATION (EC) No 2132/2004

of 6 December 2004

fixing for the 2005 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 18(3) and Article 26(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Article 18(1) and Article 26(1) of Regulation (EC) No 104/2000 provide that a guide price and a Community producer price should be fixed for each fishing year in order to determine price levels for intervention on the market for certain fisheries products. |
| --- | --- |

(1)

Article 18(1) and Article 26(1) of Regulation (EC) No 104/2000 provide that a guide price and a Community producer price should be fixed for each fishing year in order to determine price levels for intervention on the market for certain fisheries products.

| (2) | Article 18(1) of Regulation (EC) No 104/2000 requires the guide price to be fixed for each of the products and groups of products listed in Annexes I and II to that Regulation. |
| --- | --- |

(2)

Article 18(1) of Regulation (EC) No 104/2000 requires the guide price to be fixed for each of the products and groups of products listed in Annexes I and II to that Regulation.

| (3) | On the basis of the data currently available on the prices for the products concerned and the criteria referred to in Article 18(2) of Regulation (EC) No 104/2000, the guide prices should be increased, maintained or reduced for the 2005 fishing year depending on the species. |
| --- | --- |

(3)

On the basis of the data currently available on the prices for the products concerned and the criteria referred to in Article 18(2) of Regulation (EC) No 104/2000, the guide prices should be increased, maintained or reduced for the 2005 fishing year depending on the species.

| (4) | Regulation (EC) No 104/2000 requires the Community producer price to be fixed for each of the products listed in Annex III to that Regulation. It is, however, sufficient to establish the Community producer price for only one of the products listed in Annex III to Regulation (EC) No 104/2000 since the prices for the other products may be calculated by means of the conversion factors established by Commission Regulation (EEC) No 3510/82 (2). |
| --- | --- |

(4)

Regulation (EC) No 104/2000 requires the Community producer price to be fixed for each of the products listed in Annex III to that Regulation. It is, however, sufficient to establish the Community producer price for only one of the products listed in Annex III to Regulation (EC) No 104/2000 since the prices for the other products may be calculated by means of the conversion factors established by Commission Regulation (EEC) No 3510/82 (2).

| (5) | On the basis of the criteria laid down in the first and second indent of Article 18(2) and in Article 26(1) of Regulation (EC) No 104/2000, the Community producer price for the 2005 fishing year should be adjusted. |
| --- | --- |

(5)

On the basis of the criteria laid down in the first and second indent of Article 18(2) and in Article 26(1) of Regulation (EC) No 104/2000, the Community producer price for the 2005 fishing year should be adjusted.

| (6) | Given the urgency of the matter, it is important to grant an exception to the six-week period mentioned in paragraph 1(3) of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on the European Union, |
| --- | --- |

(6)

Given the urgency of the matter, it is important to grant an exception to the six-week period mentioned in paragraph 1(3) of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

For the fishing year from 1 January to 31 December 2005, the guide prices as provided for in Article 18(1) of Regulation (EC) No 104/2000 shall be as set out in Annex I to this Regulation.

Article 2

For the fishing year from 1 January to 31 December 2005, the Community producer prices as provided for in Article 26(1) of Regulation (EC) No 104/2000 shall be as set out in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 6 December 2004.

For the Council

The President

H. HOOGERVORST

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(1)  
  OJ L 17, 21.1.2000, p. 22.

1

(2)  
  OJ L 368, 28.12.1982, p. 27. Regulation as last amended by Regulation (EEC) No 3899/92 (OJ L 392, 31.12.1992, p. 24).

2

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ANNEX I

| Annexes | Species
  Products listed in Annexes I and II to Regulation (EC) No 104/2000 | Commercial presentation | Guide price
  (EUR/tonne) |
| --- | --- | --- | --- |
| I | 1. | Herring of the species Clupea harengus |

Annexes

Species

Products listed in Annexes I and II to Regulation (EC) No 104/2000

Commercial presentation

Guide price

(EUR/tonne)

I

1.

Herring of the species Clupea harengus

Whole fish

260

| 2. | Sardines of the species Sardina pilchardus |
| --- | --- |

2.

Sardines of the species Sardina pilchardus

Whole fish

587

| 3. | Dogfish (Squalus acanthias) |
| --- | --- |

3.

Dogfish (Squalus acanthias)

Whole fish or gutted fish with head

1 101

| 4. | Spotted dogfish (Scyliorhinus spp.) |
| --- | --- |

4.

Spotted dogfish (Scyliorhinus spp.)

Whole fish or gutted fish with head

759

| 5. | Redfish (Sebastes spp.) |
| --- | --- |

5.

Redfish (Sebastes spp.)

Whole fish

1 153

| 6. | Cod of the species Gadus morhua |
| --- | --- |

6.

Cod of the species Gadus morhua

Whole fish or gutted fish with head

1 615

| 7. | Saithe (Pollachius virens) |
| --- | --- |

7.

Saithe (Pollachius virens)

Whole fish or gutted fish with head

751

| 8. | Haddock (Melanogrammus aeglefinus) |
| --- | --- |

8.

Haddock (Melanogrammus aeglefinus)

Whole fish or gutted fish with head

983

| 9. | Whiting (Merlangius merlangus) |
| --- | --- |

9.

Whiting (Merlangius merlangus)

Whole fish or gutted fish with head

937

| 10. | Ling (Molva spp.) |
| --- | --- |

10.

Ling (Molva spp.)

Whole fish or gutted fish with head

1 196

| 11. | Mackerel of the species Scomber scombrus |
| --- | --- |

11.

Mackerel of the species Scomber scombrus

Whole fish

314

| 12. | Mackerel of the species Scomber japonicus |
| --- | --- |

12.

Mackerel of the species Scomber japonicus

Whole fish

303

| 13. | Anchovy (Engraulis spp.) |
| --- | --- |

13.

Anchovy (Engraulis spp.)

Whole fish

1 270

| 14. | Plaice (Pleuronectes platessa) |
| --- | --- |

14.

Plaice (Pleuronectes platessa)

Whole fish or gutted fish with head from 1.1.2005 to 30.4.2005

1 079

Whole fish or gutted fish with head from 1.5.2005 to 31.12.2005

1 499

| 15. | Hake of the species Merluccius merluccius |
| --- | --- |

15.

Hake of the species Merluccius merluccius

Whole fish or gutted fish with head

3 731

| 16. | Megrim (Lepidorhombus spp.) |
| --- | --- |

16.

Megrim (Lepidorhombus spp.)

Whole fish or gutted fish with head

2 454

| 17. | Dab (Limanda limanda) |
| --- | --- |

17.

Dab (Limanda limanda)

Whole fish or gutted fish with head

877

| 18. | Common flounder (Platichthys flesus) |
| --- | --- |

18.

Common flounder (Platichthys flesus)

Whole fish or gutted fish with head

530

| 19. | Albacore or longfinned tunas (Thunnus alalunga) |
| --- | --- |

19.

Albacore or longfinned tunas (Thunnus alalunga)

Whole fish

2 242

Gutted fish with head

2 515

| 20. | Cuttlefish (Sepia officinalis and Rossia macrosoma) |
| --- | --- |

20.

Cuttlefish (Sepia officinalis and Rossia macrosoma)

Whole

1 621

| 21. | Monkfish (Lophius spp.) |
| --- | --- |

21.

Monkfish (Lophius spp.)

Whole fish or gutted fish with head

2 853

Without head

5 869

| 22. | Shrimp of the species Crangon crangon |
| --- | --- |

22.

Shrimp of the species Crangon crangon

Simply boiled in water

2 415

| 23. | Nothern prawn (Pandalus borealis) |
| --- | --- |

23.

Nothern prawn (Pandalus borealis)

Simply boiled in water

6 315

Fresh or chilled

1 606

| 24. | Edible crab (Cancer pagurus) |
| --- | --- |

24.

Edible crab (Cancer pagurus)

Whole

1 740

| 25. | Norway lobster (Nephrops norvegicus) |
| --- | --- |

25.

Norway lobster (Nephrops norvegicus)

Whole

5 364

Tails

4 258

| 26. | Sole (Solea spp.) |
| --- | --- |

26.

Sole (Solea spp.)

Whole fish or gutted fish with head

6 613

II

| 1. | Greenland halibut (Reinhardtius hippoglossoides) |
| --- | --- |

1.

Greenland halibut (Reinhardtius hippoglossoides)

Frozen, in original packages containing the same products

1 956

| 2. | Hake of the genus Merluccius spp. |
| --- | --- |

2.

Hake of the genus Merluccius spp.

Frozen, whole, in original packages containing the same products

1 239

Frozen, filleted, in original packages containing the same products

1 499

| 3. | Sea bream (Dentex dentex and Pagellus spp.) |
| --- | --- |

3.

Sea bream (Dentex dentex and Pagellus spp.)

Frozen, in lots or in original packages containing the same products

1 602

| 4. | Swordfish (Xiphias gladius) |
| --- | --- |

4.

Swordfish (Xiphias gladius)

Frozen, whole, in original packages containing the same products

4 019

| 5. | Cuttlefish (Sepia officinalis) (Rossia macrosoma) (Sepiola rondeletti) |
| --- | --- |

5.

Cuttlefish (Sepia officinalis) (Rossia macrosoma) (Sepiola rondeletti)

Frozen, in original packages containing the same products

1 946

| 6. | Octopus (Octopus spp.) |
| --- | --- |

6.

Octopus (Octopus spp.)

Frozen, in original packages containing the same products

2 140

| 7. | Squid (Loligo spp.) |
| --- | --- |

7.

Squid (Loligo spp.)

Frozen, in original packages containing the same products

1 168

| 8. | Squid (Ommastrephes sagittatus) |
| --- | --- |

8.

Squid (Ommastrephes sagittatus)

Frozen, in original packages containing the same products

961

| 9. | Illex argentinus |
| --- | --- |

9.

Frozen, in original packages containing the same products

861

| 10. | Prawn of the family Penaeidae







  — | Prawn of the species Parapenaeus longirostris |
| --- | --- | --- |

10.

Prawn of the family Penaeidae

—

Prawn of the species Parapenaeus longirostris

Frozen, in original packages containing the same products

3 995

— Other species of the family Penaeidae

Frozen, in original packages containing the same products

8 061

---

ANNEX II

| Species
  Products listed in Annex III to Regulation (EC) No 104/2000 | Commercial specifications | Community producer price
  (EUR/tonne) |
| --- | --- | --- |
| Yellow-fin tuna (Thunnus albacares) | Whole, weighing more than 10 kg each | 1 207 |

Species

Products listed in Annex III to Regulation (EC) No 104/2000

Commercial specifications

Community producer price

(EUR/tonne)

Yellow-fin tuna (Thunnus albacares)

Whole, weighing more than 10 kg each

1 207

The Community producer prices for the other products listed in Annex III to Regulation (EC) No 104/2000 shall be determined by means of the conversion factors referred to in Regulation (EEC) No 3510/82.

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| 16.12.2004 | EN | Official Journal of the European Union | L 369/5 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/5

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COUNCIL REGULATION (EC) No 2133/2004

of 13 December 2004

on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

| (1) | The European Council held in Seville on 21 and 22 June 2002 called for closer co-operation in combating illegal immigration and called on the Commission and the Member States to take operational steps to ensure an equivalent level of control and surveillance of external borders. |
| --- | --- |

(1)

The European Council held in Seville on 21 and 22 June 2002 called for closer co-operation in combating illegal immigration and called on the Commission and the Member States to take operational steps to ensure an equivalent level of control and surveillance of external borders.

| (2) | The provisions of the Convention implementing the Schengen Agreement of 14 June 1985 (2), and of the common manual (3) concerning the crossing of external borders lack clarity and precision as regards the obligation to affix stamps to the travel documents of third-country nationals when they cross external borders. As a result, such provisions lead to divergent practices in the Member States and make it difficult to check whether the conditions relating to the duration of short stays for such third country nationals on the territory of the Member States are fulfilled, namely a maximum of three months in any six-month period. |
| --- | --- |

(2)

The provisions of the Convention implementing the Schengen Agreement of 14 June 1985 (2), and of the common manual (3) concerning the crossing of external borders lack clarity and precision as regards the obligation to affix stamps to the travel documents of third-country nationals when they cross external borders. As a result, such provisions lead to divergent practices in the Member States and make it difficult to check whether the conditions relating to the duration of short stays for such third country nationals on the territory of the Member States are fulfilled, namely a maximum of three months in any six-month period.

| (3) | At its meeting of 27 and 28 February 2003, the Council expressed support for the Commission's intention to clarify the existing rules in this area, notably by specifying, by way of a proposal for a Council Regulation the obligation for the Member States to stamp systematically third country nationals' travel documents on entry and exit at external border crossings. |
| --- | --- |

(3)

At its meeting of 27 and 28 February 2003, the Council expressed support for the Commission's intention to clarify the existing rules in this area, notably by specifying, by way of a proposal for a Council Regulation the obligation for the Member States to stamp systematically third country nationals' travel documents on entry and exit at external border crossings.

| (4) | In its Conclusions of 8 May 2003 the Council called for separate control lanes for different nationalities, differentiated by signs. Specific Community rules on local border traffic should improve the management of external borders by the services responsible, making it easier to overcome any practical difficulties arising from the requirement to stamp third country nationals' travel documents systematically. These measures will also help to ensure that any measures relaxing checks on persons at external borders are exceptional. |
| --- | --- |

(4)

In its Conclusions of 8 May 2003 the Council called for separate control lanes for different nationalities, differentiated by signs. Specific Community rules on local border traffic should improve the management of external borders by the services responsible, making it easier to overcome any practical difficulties arising from the requirement to stamp third country nationals' travel documents systematically. These measures will also help to ensure that any measures relaxing checks on persons at external borders are exceptional.

| (5) | The obligation on the Member States to stamp third-country nationals' travel documents systematically when they enter the territory of the Member States provides, in conjunction with the limitation regarding the circumstances in which measures relaxing checks on persons at external borders may be adopted, the possibility of presuming, in the absence of a stamp on such travel documents, that their holder is not, or is no longer, respecting the conditions relating to the duration of a short stay. |
| --- | --- |

(5)

The obligation on the Member States to stamp third-country nationals' travel documents systematically when they enter the territory of the Member States provides, in conjunction with the limitation regarding the circumstances in which measures relaxing checks on persons at external borders may be adopted, the possibility of presuming, in the absence of a stamp on such travel documents, that their holder is not, or is no longer, respecting the conditions relating to the duration of a short stay.

| (6) | However, it should be possible for the third country national concerned to overturn this presumption by any form of relevant and credible proof. In such cases, the competent national authorities should certify the date and the place of the relevant border crossing so as to provide the third country national concerned with evidence of the compliance with the conditions relating to the duration of the stay. |
| --- | --- |

(6)

However, it should be possible for the third country national concerned to overturn this presumption by any form of relevant and credible proof. In such cases, the competent national authorities should certify the date and the place of the relevant border crossing so as to provide the third country national concerned with evidence of the compliance with the conditions relating to the duration of the stay.

| (7) | The stamping of the travel document makes it possible to establish, with certainty, the date and place of the crossing of the border, without establishing in all cases that all the required travel document control measures have been carried out. |
| --- | --- |

(7)

The stamping of the travel document makes it possible to establish, with certainty, the date and place of the crossing of the border, without establishing in all cases that all the required travel document control measures have been carried out.

| (8) | This Regulation should also define the categories of persons whose documents do not have to be stamped systematically upon crossing the external borders of the Member States. In this context, it should be stressed that Community rules on local border traffic, including rules on the stamping of travel documents of border residents, are in the course of preparation. Pending the adoption of Community rules on local border traffic, the possibility of exempting the travel documents of border residents from the obligation of stamping should be maintained in accordance with existing bilateral agreements on local border traffic. |
| --- | --- |

(8)

This Regulation should also define the categories of persons whose documents do not have to be stamped systematically upon crossing the external borders of the Member States. In this context, it should be stressed that Community rules on local border traffic, including rules on the stamping of travel documents of border residents, are in the course of preparation. Pending the adoption of Community rules on local border traffic, the possibility of exempting the travel documents of border residents from the obligation of stamping should be maintained in accordance with existing bilateral agreements on local border traffic.

| (9) | The provisions of the Convention implementing the Schengen Agreement and the common manual should be amended accordingly. |
| --- | --- |

(9)

The provisions of the Convention implementing the Schengen Agreement and the common manual should be amended accordingly.

| (10) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds on the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law. |
| --- | --- |

(10)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds on the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.

| (11) | As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (4), which fall within the area referred to in Article 1(A) of Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement. |
| --- | --- |

(11)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (4), which fall within the area referred to in Article 1(A) of Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement.

| (12) | As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (6), which fall in the area referred to in Article 1(A) of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (7). |
| --- | --- |

(12)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (6), which fall in the area referred to in Article 1(A) of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (7).

| (13) | This Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(13)

This Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (14) | This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application, |
| --- | --- |

(14)

This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation is:

| — | to reiterate the obligation for the competent authorities of the Member States to stamp systematically third-country nationals' travel documents when they cross the external borders of the Member States; |
| --- | --- |

—

to reiterate the obligation for the competent authorities of the Member States to stamp systematically third-country nationals' travel documents when they cross the external borders of the Member States;

| — | to specify the conditions under which the absence of an entry stamp on third country nationals' travel documents may constitute a presumption that the authorised duration of a short stay by such nationals on the territory of the Member States has been exceeded. |
| --- | --- |

—

to specify the conditions under which the absence of an entry stamp on third country nationals' travel documents may constitute a presumption that the authorised duration of a short stay by such nationals on the territory of the Member States has been exceeded.

Article 2

The provisions of the Convention implementing the Schengen Agreement are hereby amended as follows:

| 1. | Article 6(2)(e) shall be replaced by the following:






  ‘e) | If in exceptional and unforeseen circumstances requiring immediate measures such checks cannot be carried out, priorities must be set. In that case, entry checks shall as a rule take priority over exit checks’; |
| --- | --- | --- |

1.

Article 6(2)(e) shall be replaced by the following:

‘e)

If in exceptional and unforeseen circumstances requiring immediate measures such checks cannot be carried out, priorities must be set. In that case, entry checks shall as a rule take priority over exit checks’;

| 2. | The following Articles shall be inserted:

  ‘Article 6a
  The travel documents of third-country nationals referred to in Article 5(1)(a), shall be systematically stamped on entry and exit.


  Article 6b

  1.   If the travel document of a third-country national does not bear an entry stamp, the competent national authorities may presume that the holder does not fulfil, or no longer fulfils, the conditions of duration of stay applicable within the Member State concerned.


  2.   This presumption may be rebutted where the third-country national provides, by any means, credible evidence such as transport tickets or proof of his or her presence outside the territory of the Member States, which shows that he or she has respected the conditions relating to the duration of a short stay.
  In such cases:






  a) | where the third-country national is found on the territory of the Member States applying the Schengen acquis in full, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of one of these Member States; |
| --- | --- | --- |

2.

The following Articles shall be inserted:

‘Article 6a

The travel documents of third-country nationals referred to in Article 5(1)(a), shall be systematically stamped on entry and exit.

Article 6b

1.   If the travel document of a third-country national does not bear an entry stamp, the competent national authorities may presume that the holder does not fulfil, or no longer fulfils, the conditions of duration of stay applicable within the Member State concerned.

2.   This presumption may be rebutted where the third-country national provides, by any means, credible evidence such as transport tickets or proof of his or her presence outside the territory of the Member States, which shows that he or she has respected the conditions relating to the duration of a short stay.

In such cases:

a)

where the third-country national is found on the territory of the Member States applying the Schengen acquis in full, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of one of these Member States;

| b) | where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession has not been taken, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of that Member State; |
| --- | --- |

b)

where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession has not been taken, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of that Member State;

| c) | in addition to the indication as referred to in (a) and (b), a form as shown in the Annex may be given to the third-country national concerned; |
| --- | --- |

c)

in addition to the indication as referred to in (a) and (b), a form as shown in the Annex may be given to the third-country national concerned;

| d) | Member States shall inform each other and the Commission and the Council Secretariat of their national practices with regard to the indication referred to in this Article. |
| --- | --- |

d)

Member States shall inform each other and the Commission and the Council Secretariat of their national practices with regard to the indication referred to in this Article.

3.   Should the presumption referred to in paragraph 1 not be rebutted, the third-country national may be expelled by the competent authorities from the territory of the Member States concerned.’.

Article 3

Part II of the common manual is hereby amended as follows:

| 1. | Point 1.3.5. shall be replaced by the following:






  ‘1.3.5. | Checks at land borders may be relaxed as a result of exceptional and unforeseen circumstances. This will be the case where unforeseen events lead to such intensity of traffic that the delay in the time taken to reach checking posts becomes excessive, and all resources have been exhausted as regards staff, facilities and organisation.’. |
| --- | --- | --- |

1.

Point 1.3.5. shall be replaced by the following:

‘1.3.5.

| 2. | The following point shall be inserted:






  ‘1.3.5.4. | Even in the event of checks being relaxed, the officials locally responsible for border checks must stamp the travel documents of third-country nationals both on entry and exit.’. |
| --- | --- | --- |

2.

The following point shall be inserted:

‘1.3.5.4.

| 3. | Point 2.1.1. is hereby amended as follows:






  a) | The introductory phrase of the first subparagraph shall be replaced by the following:






  ‘2.1.1. | On entry into, or exit from, the territory of a Member State, a stamp shall be affixed to’; |
| --- | --- | --- | --- |

3.

Point 2.1.1. is hereby amended as follows:

a)

The introductory phrase of the first subparagraph shall be replaced by the following:

‘2.1.1.

| b) | The second subparagraph shall be replaced by the following:

  ‘No entry or exit stamp shall be affixed to the documents of citizens of the European Union, nationals of the countries of the European Economic Area, nationals of the Swiss Confederation.
  In addition, entry and exit stamps shall not be affixed to documents of nationals of third countries who are family members of citizens of the European Union, of nationals of the countries of the European Economic Area or of nationals of the Swiss Confederation provided that they present a residence card issued by a Member State or by one of these third States in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (10).’.

  (10)  
  OJ L 158, 30.4.2004, p. 77." |
| --- | --- |

b)

The second subparagraph shall be replaced by the following:

‘No entry or exit stamp shall be affixed to the documents of citizens of the European Union, nationals of the countries of the European Economic Area, nationals of the Swiss Confederation.

In addition, entry and exit stamps shall not be affixed to documents of nationals of third countries who are family members of citizens of the European Union, of nationals of the countries of the European Economic Area or of nationals of the Swiss Confederation provided that they present a residence card issued by a Member State or by one of these third States in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (10).’.

(10)  
  OJ L 158, 30.4.2004, p. 77."

| 4. | The following indent shall be added to point 2.1.5.:






  ‘— | on the travel documents of the beneficiaries of bilateral agreements on local border traffic that do not provide for the stamping of these documents, if these bilateral agreements are in accordance with Community law’. |
| --- | --- | --- |

4.

The following indent shall be added to point 2.1.5.:

‘—

on the travel documents of the beneficiaries of bilateral agreements on local border traffic that do not provide for the stamping of these documents, if these bilateral agreements are in accordance with Community law’.

| 5. | The following subparagraph shall be added to point 3.4.2.3.:

  ‘Even in the event of a relaxation of the checks, the officials responsible must proceed in accordance with point 1.3.5.4.’ |
| --- | --- |

5.

The following subparagraph shall be added to point 3.4.2.3.:

‘Even in the event of a relaxation of the checks, the officials responsible must proceed in accordance with point 1.3.5.4.’

Article 4

The text appearing to the Annex shall be annexed to the common manual.

Article 5

The Commission shall report to the Council on the operation of this Regulation at the latest three years after its entry into force.

Article 6

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

It shall apply from 1 December 2005.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at Brussels, 13 December 2004

For the Council

The President

B. R. BOT

---

(1)  Opinion delivered on 21 April 2004 (not yet published in the Official Journal).

1

(2)  
  OJ L 239, 22.9.2000, p. 19. Convention at last amended by Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004, p. 29).

2

(3)  
  OJ C 313, 16.12.2002, p. 97. Manual as last amended by Decision 2004/574/EC (OJ L 261, 6.8.2004, p. 36).

3

(4)  
  OJ L 176, 10.7.1999, p. 36.

4

(5)  
  OJ L 176, 10.7.1999, p. 31.

5

(6)  Council doc. 13054/04 accessible on http://register.consilium.eu.int

6

(7)  Council doc. 13464/04 and 13466/04 accessible on http://register.consilium.eu.int

7

(8)  
  OJ L 131, 1.6.2000, p. 43.

8

(9)  
  OJ L 64, 7.3.2002, p. 20.

9

---

ANNEX

‘ANNEX 16

Having regard to the evidence relating to the duration of his (her) stay on the territory of the Member States that he (she) has provided, he (she) is considered to have entered the territory of the Member State on at at the border point
  Contact details of the undersigning authority:
  Tel.
  Fax.
  E-mail:
  The person concerned shall receive a copy of this document.
  Person concerned
  Officer responsible + stamp’

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/11 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/11

---

COMMISSION REGULATION (EC) No 2134/2004

of 15 December 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 16 December 2004.

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

Done at Brussels, 15 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 15 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 110,3 |
| 204 | 86,2 |
| 624 | 182,9 |
| 999 | 126,5 |
| 0707 00 05 | 052 | 111,0 |
| 220 | 122,9 |
| 999 | 117,0 |
| 0709 90 70 | 052 | 115,2 |
| 204 | 69,2 |
| 999 | 92,2 |
| 0805 10 10 , 0805 10 30 , 0805 10 50 | 204 | 35,7 |
| 382 | 32,3 |
| 388 | 43,2 |
| 528 | 41,6 |
| 999 | 38,2 |
| 0805 20 10 | 204 | 59,7 |
| 999 | 59,7 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 72,2 |
| 204 | 42,7 |
| 464 | 171,7 |
| 624 | 80,7 |
| 999 | 91,8 |
| 0805 50 10 | 052 | 56,1 |
| 528 | 38,6 |
| 999 | 47,4 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 150,3 |
| 400 | 78,3 |
| 404 | 105,9 |
| 512 | 105,4 |
| 720 | 74,2 |
| 804 | 167,7 |
| 999 | 113,6 |
| 0808 20 50 | 400 | 121,4 |
| 528 | 47,1 |
| 720 | 42,1 |
| 999 | 70,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

110,3

204

86,2

624

182,9

999

126,5

0707 00 05

052

111,0

220

122,9

999

117,0

0709 90 70

052

115,2

204

69,2

999

92,2

0805 10 10 , 0805 10 30 , 0805 10 50

204

35,7

382

32,3

388

43,2

528

41,6

999

38,2

0805 20 10

204

59,7

999

59,7

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

052

72,2

204

42,7

464

171,7

624

80,7

999

91,8

0805 50 10

052

56,1

528

38,6

999

47,4

0808 10 20 , 0808 10 50 , 0808 10 90

388

150,3

400

78,3

404

105,9

512

105,4

720

74,2

804

167,7

999

113,6

0808 20 50

400

121,4

528

47,1

720

42,1

999

70,2

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/13 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/13

---

COMMISSION REGULATION (EC) No 2135/2004

of 14 December 2004

prohibiting fishing for Northern prawn by vessels flying the flag of Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 1954/2003 (2), and in particular Article 21 (3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 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 lays down quotas for Northern prawn for 2004 (3). |
| --- | --- |

(1)

Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 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 lays down quotas for Northern prawn for 2004 (3).

| (2) | In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated. |
| --- | --- |

(2)

In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.

| (3) | According to the information received by the Commission, catches of Northern prawn in the waters of NAFO division 3L by vessels flying the flag of Poland or registered in Poland have exhausted the quota allocated for 2004. |
| --- | --- |

(3)

According to the information received by the Commission, catches of Northern prawn in the waters of NAFO division 3L by vessels flying the flag of Poland or registered in Poland have exhausted the quota allocated for 2004.

HAS ADOPTED THIS REGULATION:

Article 1

Catches of Northern prawn in the waters of NAFO division 3L by vessels flying the flag of Poland or registered in Poland are hereby deemed to have exhausted the quota allocated to Poland for 2004.

Fishing for Northern prawn in the waters of NAFO division 3L by vessels flying the flag of Poland or registered in Poland is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.

Article 2

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

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

Done at Brussels, 14 December 2004.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ No L 261, 20.10.1993, p. 1.

1

(2)  
  OJ No L 289, 7.11.2003, p. 1.

2

(3)  
  OJ No L 344, 31.12.2003, p. 1.

3

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/14 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/14

---

COMMISSION REGULATION (EC) No 2136/2004

of 14 December 2004

amending Annex II to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 872/2004 of 29 April 2004 concerning further restrictive measures in relation to Liberia (1), and in particular, Article 11(b) thereof,

Whereas:

| (1) | Annex II to Regulation (EC) No 872/2004 lists the competent authorities to which specific functions relating to the implementation of that Regulation are attributed. |
| --- | --- |

(1)

Annex II to Regulation (EC) No 872/2004 lists the competent authorities to which specific functions relating to the implementation of that Regulation are attributed.

| (2) | On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia acceded to the European Union. The Act of Accession does not, however, make provision for amendment of that Annex. |
| --- | --- |

(2)

On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia acceded to the European Union. The Act of Accession does not, however, make provision for amendment of that Annex.

| (3) | The competent authorities of the new Member States should, therefore, be included as from 1 May 2004 in that Annex, |
| --- | --- |

(3)

The competent authorities of the new Member States should, therefore, be included as from 1 May 2004 in that Annex,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 872/2004 is hereby amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 May 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

Benita FERRERO-WALDNER

Member of the Commission

---

(1)  
  OJ L 162, 30.4.2004, p.32. Regulation as last amended by Regulation (EC) No 1580/2004 (OJ L 289, 10.9.2004, p. 4).

1

---

ANNEX

Annex II to Regulation (EC) No 872/2004 is amended as follows:

| 1. | The following is inserted between the entries for Belgium and Denmark: | ‘CZECH REPUBLIC





  Ministerstvo průmyslu a obchodu |
| --- | --- | --- |
| Licenční správa |
| Na Františku 32 |
| 110 15 Praha 1 |
| Tel. (420-2) 24 06 27 20 |
| Fax (420-2) 24 22 18 11 |

1.

The following is inserted between the entries for Belgium and Denmark:

‘CZECH REPUBLIC

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

110 15 Praha 1

Tel. (420-2) 24 06 27 20

Fax (420-2) 24 22 18 11

| Ministerstvo financí |
| --- |
| Finanční analytický útvar |
| PO Box 675 |
| Jindřišská 14 |
| 111 21 Praha 1 |
| Tel. (420-2) 57 04 45 01 |
| Fax (420-2) 57 04 45 02’. |

Ministerstvo financí

Finanční analytický útvar

PO Box 675

Jindřišská 14

111 21 Praha 1

Tel. (420-2) 57 04 45 01

Fax (420-2) 57 04 45 02’.

| 2. | The following is inserted between the entries for Germany and Greece: | ‘ESTONIA





  Finantsinspektsioon |
| --- | --- | --- |
| Sakala 4 |
| 15030 Tallinn |
| Tel. (372-6) 68 05 00 |
| Fax (372-6) 68 05 01’. |

2.

The following is inserted between the entries for Germany and Greece:

‘ESTONIA

Finantsinspektsioon

Sakala 4

15030 Tallinn

Tel. (372-6) 68 05 00

Fax (372-6) 68 05 01’.

| 3. | The following is inserted between the entries for Italy and Luxembourg: | ‘CYPRUS





  Υπουργείο Εξωτερικών |
| --- | --- | --- |
| Λεωφ. Προεδρικού Μεγάρου |
| 1447 Λευκωσία |
| Tel. (357-22) 30 06 00 |
| Fax (357-22) 66 18 81 |

3.

The following is inserted between the entries for Italy and Luxembourg:

‘CYPRUS

Υπουργείο Εξωτερικών

Λεωφ. Προεδρικού Μεγάρου

1447 Λευκωσία

Tel. (357-22) 30 06 00

Fax (357-22) 66 18 81

| Ministry of Foreign Affairs |
| --- |
| Presidential Palace Avenue |
| 1447 Nicosia |
| Tel. (357-22) 30 06 00 |
| Fax (357-22) 66 18 81 |

Ministry of Foreign Affairs

Presidential Palace Avenue

1447 Nicosia

Tel. (357-22) 30 06 00

Fax (357-22) 66 18 81

| | LATVIA





  Latvijas Republikas Ārlietu ministrija |
| --- | --- |
| Brīvības iela 36 |
| Rīga LV-1395 |
| Tel. (371) 701 62 01 |
| Fax (371) 782 81 21 |

LATVIA

Latvijas Republikas Ārlietu ministrija

Brīvības iela 36

Rīga LV-1395

Tel. (371) 701 62 01

Fax (371) 782 81 21

| Noziedzīgi iegūto līdzekļu legalizācijas novēršanas dienests |
| --- |
| Kalpaka bulvārī 6 |
| Rīga LV-1081 |
| Tel. (371) 704 44 31 |
| Fax (371) 704 45 49 |

Noziedzīgi iegūto līdzekļu legalizācijas novēršanas dienests

Kalpaka bulvārī 6

Rīga LV-1081

Tel. (371) 704 44 31

Fax (371) 704 45 49

| | LITHUANIA





  Economics Department |
| --- | --- |
| Ministry of Foreign Affairs of the Republic of Lithuania |
| J.Tumo-Vaižganto 2 |
| LT-2600 Vilnius |
| Tel. (370-5) 236 25 92 |
| Fax (370-5) 231 30 90’. |

LITHUANIA

Economics Department

Ministry of Foreign Affairs of the Republic of Lithuania

J.Tumo-Vaižganto 2

LT-2600 Vilnius

Tel. (370-5) 236 25 92

Fax (370-5) 231 30 90’.

| 4. | The following is inserted between the entries for Luxembourg and the Netherlands: | ‘HUNGARY
  Articles 3 and 4





  Hungarian National Police |
| --- | --- | --- |
| Országos Rendőrfőkapitányság |
| 1139 Budapest, Teve u. 4–6. |
| Magyarország |
| Tel./Fax (36-1) 443 55 54 |

4.

The following is inserted between the entries for Luxembourg and the Netherlands:

‘HUNGARY

Articles 3 and 4

Hungarian National Police

Országos Rendőrfőkapitányság

1139 Budapest, Teve u. 4–6.

Magyarország

Tel./Fax (36-1) 443 55 54

Article 7

| Ministry of Finance (as regards funds only) |
| --- |
| Pénzügyminisztérium |
| 1051 Budapest, József nádor tér 2–4. |
| Magyarország |
| Postafiók: 1369 Pf.: 481 |
| Tel. (36-1) 318 20 66, (36-1) 327 21 00 |
| Fax (36-1) 318 25 70, (36-1) 327 27 49 |

Ministry of Finance (as regards funds only)

Pénzügyminisztérium

1051 Budapest, József nádor tér 2–4.

Magyarország

Postafiók: 1369 Pf.: 481

Tel. (36-1) 318 20 66, (36-1) 327 21 00

Fax (36-1) 318 25 70, (36-1) 327 27 49

| | MALTA





  Bord ta' Sorveljanza dwar is-Sanzjonijiet |
| --- | --- |
| Direttorat ta' l-Affarijiet Multilaterali |
| Ministeru ta' l-Affarijiet Barranin |
| Palazzo Parisio |
| Triq il-Merkanti |
| Valletta CMR 02 |
| Tel. (356-21) 24 28 53 |
| Fax (356-21) 25 15 20’. |

MALTA

Bord ta' Sorveljanza dwar is-Sanzjonijiet

Direttorat ta' l-Affarijiet Multilaterali

Ministeru ta' l-Affarijiet Barranin

Palazzo Parisio

Triq il-Merkanti

Valletta CMR 02

Tel. (356-21) 24 28 53

Fax (356-21) 25 15 20’.

| 5. | The following is inserted between the entries for Austria and Portugal: | ‘POLAND





  Ministerstwo Spraw Zagranicznych |
| --- | --- | --- |
| Departament Prawno – Traktatowy |
| Al. J. CH. Szucha 23 |
| PL-00-580 Warszawa |
| Tel. (48-22) 523 93 48 |
| Fax (48-22) 523 91 29’. |

5.

The following is inserted between the entries for Austria and Portugal:

‘POLAND

Ministerstwo Spraw Zagranicznych

Departament Prawno – Traktatowy

Al. J. CH. Szucha 23

PL-00-580 Warszawa

Tel. (48-22) 523 93 48

Fax (48-22) 523 91 29’.

| 6. | The following is inserted between the entries for Portugal and Finland: | ‘SLOVENIA





  Bank of Slovenia |
| --- | --- | --- |
| Slovenska 35 |
| 1505 Ljubljana |
| Tel. (386-1) 471 90 00 |
| Fax (386-1) 251 55 16 |
| http://www.bsi.si |

6.

The following is inserted between the entries for Portugal and Finland:

‘SLOVENIA

Bank of Slovenia

Slovenska 35

1505 Ljubljana

Tel. (386-1) 471 90 00

Fax (386-1) 251 55 16

http://www.bsi.si

| Ministry of Foreign Affairs of the Republic of Slovenia |
| --- |
| Prešernova 25 |
| 1000 Ljubljana |
| Tel. (386-1) 478 20 00 |
| Fax (386-1) 478 23 47 |
| http://www.gov.si/mzz |

Ministry of Foreign Affairs of the Republic of Slovenia

Prešernova 25

1000 Ljubljana

Tel. (386-1) 478 20 00

Fax (386-1) 478 23 47

http://www.gov.si/mzz

| | SLOVAKIA
  For financial and technical assistance related to military activities:





  Ministerstvo hospodárstva Slovenskej republiky |
| --- | --- |
| Sekcia obchodných vzťahov a ochrany spotrebiteľa |
| Mierová 19 |
| 827 15 Bratislava |
| Tel. (421-2) 48 54 21 16 |
| Fax (421-2) 48 54 31 16 |

SLOVAKIA

For financial and technical assistance related to military activities:

Ministerstvo hospodárstva Slovenskej republiky

Sekcia obchodných vzťahov a ochrany spotrebiteľa

Mierová 19

827 15 Bratislava

Tel. (421-2) 48 54 21 16

Fax (421-2) 48 54 31 16

For funds and economic resources:

| Ministerstvo financií Slovenskej republiky |
| --- |
| Štefanovičova 5 |
| 817 82 Bratislava |
| Tel. (421-2) 59 58 22 01 |
| Fax (421-2) 52 49 35 31’. |

Ministerstvo financií Slovenskej republiky

Štefanovičova 5

817 82 Bratislava

Tel. (421-2) 59 58 22 01

Fax (421-2) 52 49 35 31’.

| 7) | The following is added after the entry for the United Kingdom: | ‘EUROPEAN COMMUNITY





  Commission of the European Communities |
| --- | --- | --- |
| Directorate-General for External Relations |
| Directorate CFSP |
| Unit A.2.: Legal and institutional matters for external relations – Sanctions |
| CHAR 12/163 |
| B-1049 Brussels |
| Tel. (32-2) 295 81 48, (32-2) 296 25 56 |
| Fax (32-2) 296 75 63’. |

7)

The following is added after the entry for the United Kingdom:

‘EUROPEAN COMMUNITY

Commission of the European Communities

Directorate-General for External Relations

Directorate CFSP

Unit A.2.: Legal and institutional matters for external relations – Sanctions

CHAR 12/163

B-1049 Brussels

Tel. (32-2) 295 81 48, (32-2) 296 25 56

Fax (32-2) 296 75 63’.

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/18 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/18

---

COMMISSION REGULATION (EC) No 2137/2004

of 14 December 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

| (1) | Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation. |
| --- | --- |

(1)

Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.

| (2) | The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, |
| --- | --- |

(2)

The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 17 December 2004.

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

Done at Brussels, 14 December 2004.

For the Commission

Günter VERHEUGEN

Vice-President

---

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

1

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

2

---

ANNEX

| Code | Description | Amount of unit values per 100 kg |
| --- | --- | --- |
| Species, varieties, CN code | EUR
  LTL
  SEK | CYP
  LVL
  GBP | CZK
  MTL | DKK
  PLN | EEK
  SIT | HUF
  SKK |
| 1.10 | New potatoes
  0701 90 50 | — | — | — | — | — | — |
| — | — | — | — | — | — |
| — | — | | | | |
| 1.30 | Onions (other than seed)
  0703 10 19 | 11,47 | 6,64 | 353,91 | 85,20 | 179,39 | 2 840,90 |
| 39,59 | 7,87 | 4,95 | 48,24 | 2 750,21 | 448,16 |
| 103,35 | 7,92 | | | | |
| 1.40 | Garlic
  0703 20 00 | 110,96 | 64,27 | 3 425,24 | 824,57 | 1 736,21 | 27 494,66 |
| 383,14 | 76,12 | 47,89 | 466,90 | 26 616,93 | 4 337,36 |
| 1 000,23 | 76,70 | | | | |
| 1.50 | Leeks
  ex 0703 90 00 | 56,11 | 32,50 | 1 732,03 | 416,96 | 877,94 | 13 903,11 |
| 193,74 | 38,49 | 24,22 | 236,10 | 13 459,27 | 2 193,26 |
| 505,78 | 38,78 | | | | |
| 1.60 | Cauliflowers
  0704 10 00 | — | — | — | — | — | — |
| 1.80 | White cabbages and red cabbages
  0704 90 10 | 13,55 | 7,85 | 418,26 | 100,69 | 212,01 | 3 357,42 |
| 46,79 | 9,30 | 5,85 | 57,01 | 3 250,24 | 529,64 |
| 122,14 | 9,37 | | | | |
| 1.90 | Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)
  ex 0704 90 90 | 61,43 | 35,58 | 1 896,22 | 456,49 | 961,17 | 15 221,13 |
| 212,11 | 42,14 | 26,51 | 258,48 | 14 735,21 | 2 401,18 |
| 553,73 | 42,46 | | | | |
| 1.100 | Chinese cabbage
  ex 0704 90 90 | 75,36 | 43,65 | 2 326,21 | 560,00 | 1 179,13 | 18 672,70 |
| 260,20 | 51,70 | 32,53 | 317,09 | 18 076,60 | 2 945,67 |
| 679,30 | 52,09 | | | | |
| 1.110 | Cabbage lettuce (head lettuce)
  0705 11 00 | — | — | — | — | — | — |
| 1.130 | Carrots
  ex 0706 10 00 | 26,74 | 15,49 | 825,41 | 198,70 | 418,39 | 6 625,64 |
| 92,33 | 18,34 | 11,54 | 112,51 | 6 414,12 | 1 045,21 |
| 241,03 | 18,48 | | | | |
| 1.140 | Radishes
  ex 0706 90 90 | 53,66 | 31,08 | 1 656,52 | 398,78 | 839,67 | 13 297,04 |
| 185,29 | 36,81 | 23,16 | 225,80 | 12 872,55 | 2 097,65 |
| 483,73 | 37,09 | | | | |
| 1.160 | Peas (Pisum sativum)
  0708 10 00 | 366,90 | 212,51 | 11 325,57 | 2 726,46 | 5 740,79 | 90 911,30 |
| 1 266,84 | 251,70 | 158,36 | 1 543,82 | 88 009,09 | 14 341,52 |
| 3 307,27 | 253,60 | | | | |
| 1.170 | Beans: | | | | | | |
| 1.170.1 | — | Beans (Vigna spp., Phaseolus spp.)
  ex 0708 20 00 |

Code

Description

Amount of unit values per 100 kg

Species, varieties, CN code

EUR

LTL

SEK

CYP

LVL

GBP

CZK

MTL

DKK

PLN

EEK

SIT

HUF

SKK

1.10

New potatoes

0701 90 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

1.30

Onions (other than seed)

0703 10 19

11,47

6,64

353,91

85,20

179,39

2 840,90

39,59

7,87

4,95

48,24

2 750,21

448,16

103,35

7,92

1.40

Garlic

0703 20 00

110,96

64,27

3 425,24

824,57

1 736,21

27 494,66

383,14

76,12

47,89

466,90

26 616,93

4 337,36

1 000,23

76,70

1.50

Leeks

ex 0703 90 00

56,11

32,50

1 732,03

416,96

877,94

13 903,11

193,74

38,49

24,22

236,10

13 459,27

2 193,26

505,78

38,78

1.60

Cauliflowers

0704 10 00

—

—

—

—

—

—

1.80

White cabbages and red cabbages

0704 90 10

13,55

7,85

418,26

100,69

212,01

3 357,42

46,79

9,30

5,85

57,01

3 250,24

529,64

122,14

9,37

1.90

Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)

ex 0704 90 90

61,43

35,58

1 896,22

456,49

961,17

15 221,13

212,11

42,14

26,51

258,48

14 735,21

2 401,18

553,73

42,46

1.100

Chinese cabbage

ex 0704 90 90

75,36

43,65

2 326,21

560,00

1 179,13

18 672,70

260,20

51,70

32,53

317,09

18 076,60

2 945,67

679,30

52,09

1.110

Cabbage lettuce (head lettuce)

0705 11 00

—

—

—

—

—

—

1.130

Carrots

ex 0706 10 00

26,74

15,49

825,41

198,70

418,39

6 625,64

92,33

18,34

11,54

112,51

6 414,12

1 045,21

241,03

18,48

1.140

Radishes

ex 0706 90 90

53,66

31,08

1 656,52

398,78

839,67

13 297,04

185,29

36,81

23,16

225,80

12 872,55

2 097,65

483,73

37,09

1.160

Peas (Pisum sativum)

0708 10 00

366,90

212,51

11 325,57

2 726,46

5 740,79

90 911,30

1 266,84

251,70

158,36

1 543,82

88 009,09

14 341,52

3 307,27

253,60

1.170

Beans:

1.170.1

—

Beans (Vigna spp., Phaseolus spp.)

ex 0708 20 00

144,74

83,83

4 467,75

1 075,54

2 264,65

35 863,01

499,75

99,29

62,47

609,01

34 718,14

5 657,49

1 304,66

100,04

1.170.2

| — | Beans (Phaseolus spp., vulgaris var. Compressus Savi)
  ex 0708 20 00 |
| --- | --- |

—

Beans (Phaseolus spp., vulgaris var. Compressus Savi)

ex 0708 20 00

155,62

90,14

4 803,68

1 156,41

2 434,92

38 559,52

537,32

106,76

67,17

654,80

37 328,57

6 082,87

1 402,76

107,56

1.180

Broad beans

ex 0708 90 00

—

—

—

—

—

—

1.190

Globe artichokes

0709 10 00

—

—

—

—

—

—

1.200

Asparagus:

1.200.1

| — | green
  ex 0709 20 00 |
| --- | --- |

—

green

ex 0709 20 00

238,71

138,26

7 368,42

1 773,83

3 734,96

59 146,92

824,21

163,75

103,03

1 004,41

57 258,74

9 330,59

2 151,71

164,99

1.200.2

| — | other
  ex 0709 20 00 |
| --- | --- |

—

other

ex 0709 20 00

527,94

305,78

16 296,38

3 923,10

8 260,43

130 812,38

1 822,86

362,17

227,86

2 221,40

126 636,39

20 636,02

4 758,83

364,91

1.210

Aubergines (eggplants)

0709 30 00

97,21

56,30

3 000,68

722,37

1 521,01

24 086,69

335,65

66,69

41,96

409,03

23 317,76

3 799,74

876,25

67,19

1.220

Ribbed celery (Apium graveolens L., var. dulce (Mill.) Pers.)

ex 0709 40 00

83,53

48,38

2 578,40

620,71

1 306,96

20 697,06

288,41

57,30

36,05

351,47

20 036,34

3 265,02

752,94

57,74

1.230

Chantarelles

0709 59 10

926,44

536,59

28 597,35

6 884,38

14 495,64

229 553,30

3 198,81

635,54

399,85

3 898,18

222 225,16

36 212,69

8 350,93

640,36

1.240

Sweet peppers

0709 60 10

156,89

90,87

4 842,97

1 165,87

2 454,84

38 874,95

541,72

107,63

67,72

660,16

37 633,92

6 132,63

1 414,23

108,44

1.250

Fennel

0709 90 50

—

—

—

—

—

—

1.270

Sweet potatoes, whole, fresh (intended for human consumption)

0714 20 10

101,08

58,55

3 120,28

751,16

1 581,63

25 046,72

349,02

69,34

43,63

425,33

24 247,14

3 951,19

911,18

69,87

2.10

Chestnuts (Castanea spp.) fresh

ex 0802 40 00

—

—

—

—

—

—

2.30

Pineapples, fresh

ex 0804 30 00

69,10

40,02

2 133,01

513,49

1 081,20

17 121,87

238,59

47,40

29,82

290,76

16 575,28

2 701,02

622,88

47,76

2.40

Avocados, fresh

ex 0804 40 00

160,36

92,88

4 949,91

1 191,61

2 509,04

39 733,31

553,68

110,01

69,21

674,73

38 464,88

6 268,04

1 445,46

110,84

2.50

Guavas and mangoes, fresh

ex 0804 50

—

—

—

—

—

—

2.60

Sweet oranges, fresh:

2.60.1

| — | Sanguines and semi-sanguines
  0805 10 10 |
| --- | --- |

—

Sanguines and semi-sanguines

0805 10 10

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.2

| — | Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins
  0805 10 30 |
| --- | --- |

—

Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins

0805 10 30

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.3

| — | Others
  0805 10 50 |
| --- | --- |

—

Others

0805 10 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70

Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids, fresh:

2.70.1

| — | Clementines
  ex 0805 20 10 |
| --- | --- |

—

Clementines

ex 0805 20 10

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.2

| — | Monreales and satsumas
  ex 0805 20 30 |
| --- | --- |

—

Monreales and satsumas

ex 0805 20 30

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.3

| — | Mandarines and wilkings
  ex 0805 20 50 |
| --- | --- |

—

Mandarines and wilkings

ex 0805 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.4

| — | Tangerines and others
  ex 0805 20 70
  ex 0805 20 90 |
| --- | --- |

—

Tangerines and others

ex 0805 20 70

ex 0805 20 90

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.85

Limes (Citrus aurantifolia, Citrus latifolia), fresh

0805 50 90

214,98

124,52

6 636,01

1 597,52

3 363,71

53 267,84

742,28

147,48

92,79

904,57

51 567,35

8 403,15

1 937,83

148,59

2.90

Grapefruit, fresh:

2.90.1

| — | white
  ex 0805 40 00 |
| --- | --- |

—

white

ex 0805 40 00

72,41

41,94

2 235,05

538,05

1 132,92

17 940,93

250,01

49,67

31,25

304,67

17 368,20

2 830,23

652,67

50,05

2.90.2

| — | pink
  ex 0805 40 00 |
| --- | --- |

—

pink

ex 0805 40 00

84,68

49,05

2 613,88

629,25

1 324,94

20 981,86

292,38

58,09

36,55

356,31

20 312,05

3 309,95

763,30

58,53

2.100

Table grapes

0806 10 10

236,28

136,85

7 293,40

1 755,77

3 696,93

58 544,69

815,82

162,09

101,98

994,18

56 675,74

9 235,59

2 129,80

163,31

2.110

Water melons

0807 11 00

42,82

24,80

1 321,77

318,20

669,99

10 609,94

147,85

29,37

18,48

180,17

10 271,23

1 673,75

385,98

29,60

2.120

Melons (other than water melons):

2.120.1

| — | Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro
  ex 0807 19 00 |
| --- | --- |

—

Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro

ex 0807 19 00

51,68

29,94

1 595,41

384,07

808,69

12 806,46

178,46

35,46

22,31

217,47

12 397,63

2 020,26

465,89

35,72

2.120.2

| — | Other
  ex 0807 19 00 |
| --- | --- |

—

Other

ex 0807 19 00

114,33

66,22

3 529,16

849,59

1 788,89

28 328,86

394,76

78,43

49,35

481,07

27 424,51

4 468,96

1 030,58

79,03

2.140

Pears

2.140.1

| — | Pears — nashi (Pyrus pyrifolia),
  Pears — Ya (Pyrus bretscheideri)
  ex 0808 20 50 |
| --- | --- |

—

Pears — nashi (Pyrus pyrifolia),

Pears — Ya (Pyrus bretscheideri)

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.140.2

| — | Other
  ex 0808 20 50 |
| --- | --- |

—

Other

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.150

Apricots

0809 10 00

320,86

185,84

9 904,45

2 384,35

5 020,44

79 503,88

1 107,88

220,11

138,49

1 350,10

76 965,84

12 541,96

2 892,28

221,78

2.160

Cherries

0809 20 95

0809 20 05

704,37

407,97

21 742,63

5 234,21

11 021,06

174 529,89

2 432,06

483,20

304,01

2 963,80

168 958,29

27 532,59

6 349,23

486,86

2.170

Peaches

0809 30 90

241,90

140,11

7 467,08

1 797,59

3 784,97

59 938,90

835,25

165,95

104,41

1 017,86

58 025,44

9 455,53

2 180,52

167,20

2.180

Nectarines

ex 0809 30 10

229,01

132,64

7 068,94

1 701,74

3 583,16

56 743,01

790,71

157,10

98,84

963,59

54 931,57

8 951,37

2 064,26

158,29

2.190

Plums

0809 40 05

339,11

196,41

10 467,76

2 519,95

5 305,97

84 025,54

1 170,89

232,63

146,36

1 426,89

81 343,16

13 255,27

3 056,77

234,40

2.200

Strawberries

0810 10 00

389,56

225,63

12 024,86

2 894,80

6 095,25

96 524,53

1 345,06

267,24

168,13

1 639,14

93 443,13

15 227,02

3 511,47

269,26

2.205

Raspberries

0810 20 10

304,95

176,63

9 413,20

2 266,08

4 771,43

75 560,51

1 052,93

209,20

131,62

1 283,14

73 148,36

11 919,89

2 748,82

210,78

2.210

Fruit of the species Vaccinium myrtillus

0810 40 30

1 243,19

720,06

38 374,79

9 238,14

19 451,70

308 037,62

4 292,49

852,83

536,56

5 230,97

298 203,99

48 593,81

11 206,11

859,29

2.220

Kiwi fruit (Actinidia chinensis Planch.)

0810 50 00

118,95

68,90

3 671,85

883,94

1 861,22

29 474,27

410,72

81,60

51,34

500,52

28 533,35

4 649,65

1 072,25

82,22

2.230

Pomegranates

ex 0810 90 95

119,24

69,06

3 680,60

886,05

1 865,65

29 544,47

411,70

81,80

51,46

501,71

28 601,31

4 660,72

1 074,80

82,42

2.240

Khakis (including sharon fruit)

ex 0810 90 95

68,65

39,76

2 118,96

510,11

1 074,07

17 009,06

237,02

47,09

29,63

288,84

16 466,07

2 683,23

618,77

47,45

2.250

Lychees

ex 0810 90

—

—

—

—

—

—

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/24 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/24

---

COMMISSION REGULATION (EC) No 2138/2004

of 15 December 2004

amending Regulation (EC) No 14/2004 as regards the forecast supply balance for the Canary Islands for milk and cream

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican) (1), and in particular Article 3(6) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 14/2004 of 30 December 2003 establishing the supply balances and Community aid for the supply of certain essential products for human consumption, for processing and as agricultural inputs and for the supply of live animals and eggs to the outermost regions pursuant to Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 (2) establishes a forecast supply balance and Community aid for the products covered by the specific supply arrangements for the Azores, Madeira and the Canary Islands. |
| --- | --- |

(1)

Commission Regulation (EC) No 14/2004 of 30 December 2003 establishing the supply balances and Community aid for the supply of certain essential products for human consumption, for processing and as agricultural inputs and for the supply of live animals and eggs to the outermost regions pursuant to Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 (2) establishes a forecast supply balance and Community aid for the products covered by the specific supply arrangements for the Azores, Madeira and the Canary Islands.

| (2) | Current implementation of the annual supply balance for the Canary Islands for milk and cream falling within CN codes 0402 91 and 0402 99 indicates that the quantities fixed for the supply of these products are below requirements because of a higher demand than expected. |
| --- | --- |

(2)

Current implementation of the annual supply balance for the Canary Islands for milk and cream falling within CN codes 0402 91 and 0402 99 indicates that the quantities fixed for the supply of these products are below requirements because of a higher demand than expected.

| (3) | The quantity of the above product should therefore be adjusted in line with the actual needs of the region concerned. |
| --- | --- |

(3)

The quantity of the above product should therefore be adjusted in line with the actual needs of the region concerned.

| (4) | Regulation (EC) No 14/2004 should be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 14/2004 should be amended accordingly.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex V to Regulation (EC) No 14/2004 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 15 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regulation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

1

(2)  
  OJ L 3, 7.1.2004, p. 6. Regulation as last amended by Regulation (EC) No 1997/2004 (OJ L 344, 20.11.2004, p. 28).

2

---

ANNEX

In part 11 of Annex V to Regulation (EC) No 14/2004, the table is replaced by the following:

| ‘Description | CN code | Quantity
  (in tonnes) | Aid
  (EUR/tonne) |
| --- | --- | --- | --- |
| I | II | III (1) |
| Milk and cream, not concentrated nor containing added sugar or other sweetening matter (2) | 0401 | 114 800  (3) | 41 | 59 | (4) |
| Milk and cream, concentrated or containing added sugar or other sweetening matter (2) | 0402 | 28 600  (5) | 41 | 59 | (4) |
| Milk and cream, concentrated or containing added sugar or other sweetening matter of a non-fat milk solid content of 15 % or more by weight and a fat content by weight not exceeding 3 % (6) | 0402 91 19 9310 | — | 97 | — |
| Butter and other fats and oils derived from milk; dairy spreads (2) | 0405 | 4 000 | 72 | 90 | (4) |
| Cheese (2) | 0406
  0406 30
  0406 90 23
  0406 90 25
  0406 90 27
  0406 90 76
  0406 90 78
  0406 90 79
  0406 90 81 | 15 000 | 72 | 90 | (4) |
| 0406 90 86
  0406 90 87
  0406 90 88 | 1 900 |
| Fat-free milk preparations | 1901 90 99 | 800 | — | 59 | (7) |
| Milk preparations for children containing no milk fat etc. | 2106 90 92 | 45 ’ |

‘Description

CN code

Quantity

(in tonnes)

Aid

(EUR/tonne)

I

II

III (1)

Milk and cream, not concentrated nor containing added sugar or other sweetening matter (2)

0401

114 800  (3)

41

59

(4)

Milk and cream, concentrated or containing added sugar or other sweetening matter (2)

0402

28 600  (5)

41

59

(4)

Milk and cream, concentrated or containing added sugar or other sweetening matter of a non-fat milk solid content of 15 % or more by weight and a fat content by weight not exceeding 3 % (6)

0402 91 19 9310

—

97

—

Butter and other fats and oils derived from milk; dairy spreads (2)

0405

4 000

72

90

(4)

Cheese (2)

0406

0406 30

0406 90 23

0406 90 25

0406 90 27

0406 90 76

0406 90 78

0406 90 79

0406 90 81

15 000

72

90

(4)

0406 90 86

0406 90 87

0406 90 88

1 900

Fat-free milk preparations

1901 90 99

800

—

59

(7)

Milk preparations for children containing no milk fat etc.

2106 90 92

45 ’

---

(1)  In EUR/100 kg net weight, unless otherwise specified.

1

(2)  The products concerned and the related footnotes are the same as those covered by the Commission Regulation fixing the export refunds under Article 31 of Regulation (EC) No 1255/1999.

2

(3)  Including 1 300 tonnes for the processing and/or packaging sector.

3

(4)  The amount shall be equal to the refund for product falling within the same CN code granted pursuant to Article 31 of Regulation (EC) No 1255/1999. Where the refunds granted pursuant to Article 31 of that Regulation have more than one rate as defined in Article 2(1)(e) and 2(1)(l) of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11), the amount shall be equal to the highest amount of the refund for products falling within the same CN code (Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

4

However for the butter awarded in accordance with Regulation (EC) No 2571/97, the amount shall be as indicated in column II.

(5)  To be allocated as follows:

5

| — | 7 250 tonnes falling within CN codes 0402 91 and/or 0402 99 for direct consumption, |
| --- | --- |

—

7 250 tonnes falling within CN codes 0402 91 and/or 0402 99 for direct consumption,

| — | 5 350 tonnes falling within CN codes 0402 91 and/or 0402 99 for the processing and/or packaging sector, |
| --- | --- |

—

5 350 tonnes falling within CN codes 0402 91 and/or 0402 99 for the processing and/or packaging sector,

| — | 16 000 tonnes falling within CN codes 0402 10 and/or 0402 21 for the processing and/or packaging sector. |
| --- | --- |

—

16 000 tonnes falling within CN codes 0402 10 and/or 0402 21 for the processing and/or packaging sector.

(6)  Where the milk protein content (nitrogen content × 6,38) in the non-fatty milk solid of a product under this position is less than 34 %, no aid shall be granted. Where the water content by weight of the powdered products under this position is greater than 5 %, no aid shall be granted. When completing customs formalities, the applicant shall state on the declaration provided for this purpose the minimum milk protein content in the non-fatty milk solid, and the maximum water content for powdered products.

6

(7)  The amount shall be equal to the refund set in the Commission Regulation fixing the refund rates applicable to certain milk products exported in the goods not covered by Annex I, granted under Regulation (EC) No 1520/2000.

7

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/26 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/26

---

COMMISSION REGULATION (EC) No 2139/2004

of 8 December 2004

adapting and implementing Council Regulation (EEC) No 571/88 and amending Commission Decision 2000/115/EC with a view to the organisation of Community surveys on the structure of agricultural holdings in 2005 and 2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings (1), and in particular Article 8(1) and (4) thereof and point 5 of Annex II thereto,

Whereas:

| (1) | The accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic on 1 May 2004 makes it necessary to amend the list of characteristics set out in Annex I to Regulation (EEC) No 571/88. |
| --- | --- |

(1)

The accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic on 1 May 2004 makes it necessary to amend the list of characteristics set out in Annex I to Regulation (EEC) No 571/88.

| (2) | The new political goal of achieving a sustainable common agricultural policy calls for more information, especially on rural development. |
| --- | --- |

(2)

The new political goal of achieving a sustainable common agricultural policy calls for more information, especially on rural development.

| (3) | In accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (2), all Member States’ statistics transmitted to the Commission which are broken down by territorial units should use the NUTS classification. Consequently, for the purposes of surveys on the structure of agricultural holdings (hereinafter referred to as the farm structure surveys), the regions and districts should be defined in accordance with the NUTS classification. |
| --- | --- |

(3)

In accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (2), all Member States’ statistics transmitted to the Commission which are broken down by territorial units should use the NUTS classification. Consequently, for the purposes of surveys on the structure of agricultural holdings (hereinafter referred to as the farm structure surveys), the regions and districts should be defined in accordance with the NUTS classification.

| (4) | Time limits for the communication of validated individual data from the farm structure surveys should be established by the Commission, taking into account the fact that the timetable for carrying out the survey work differs between Member States. |
| --- | --- |

(4)

Time limits for the communication of validated individual data from the farm structure surveys should be established by the Commission, taking into account the fact that the timetable for carrying out the survey work differs between Member States.

| (5) | Both Regulation (EEC) No 571/88 itself and the decision laying down the definitions and explanations relating to that Regulation, namely Commission Decision 2000/115/EC (3), should therefore be amended accordingly. |
| --- | --- |

(5)

Both Regulation (EEC) No 571/88 itself and the decision laying down the definitions and explanations relating to that Regulation, namely Commission Decision 2000/115/EC (3), should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Agricultural Statistics established by Council Decision 72/279/EEC (4), |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Agricultural Statistics established by Council Decision 72/279/EEC (4),

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 571/88 is replaced by the text shown in Annex I to this Regulation.

Article 2

Decision 2000/115/EC is amended as follows:

| 1. | Annex I is amended as shown in Annex II to this Regulation; |
| --- | --- |

1.

Annex I is amended as shown in Annex II to this Regulation;

| 2. | Annex IV is deleted. |
| --- | --- |

2.

Annex IV is deleted.

Article 3

1.   For the purposes of the farm structure surveys 2005 and 2007, the regions shall be the territorial units NUTS 2 as referred to in Regulation (EC) No 1059/2003.

By way of derogation, for Germany the regions shall be the territorial units NUTS 1 as referred to in that Regulation.

2.   For the purposes of the farm structure surveys 2005 and 2007, the districts shall be the territorial units NUTS 3 as referred to in Regulation (EC) No 1059/2003.

By way of derogation, for Germany the districts are the territorial units NUTS 2 as referred to in that Regulation.

3.   For the purposes of the farm structure surveys 2005 and 2007, the municipalities shall be the smaller administrative units as referred to in Annex III to Regulation (EC) No 1059/2003. Member States shall provide the municipality for each surveyed holding.

Article 4

The Member States shall communicate validated individual data from the farm structure surveys 2005 and 2007 in accordance with the timetable set out in Annex III to this Regulation.

Article 5

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

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

Done at Brussels, 8 December 2004.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 56, 2.3.1988, p. 1. Regulation as last amended by Regulation (EC) No 1435/2004 of the European Parliament and of the Council (OJ L 268, 16.8.2004, p. 1).

1

(2)  
  OJ L 154, 21.6.2003, p. 1.

2

(3)  
  OJ L 38, 12.2.2000, p. 1. Decision as last amended by the 2003 Act of Accession.

3

(4)  
  OJ L 179, 7.8.1972, p. 1.

4

---

ANNEX

‘ANNEX I

LIST OF CHARACTERISTICS FOR 2005 AND 2007 (*1)

Explanatory notes:

| — | The characteristics marked with the letters “NE” in the Annex are deemed not to exist or to be close to zero in the respective Member States. |
| --- | --- |

—

The characteristics marked with the letters “NE” in the Annex are deemed not to exist or to be close to zero in the respective Member States.

| — | The characteristics marked with the letters “NS” are deemed not to be significant in the respective Member States. |
| --- | --- |

—

The characteristics marked with the letters “NS” are deemed not to be significant in the respective Member States.

| | | BE | CZ | DK | DE | EE | EL | ES | FR | IE | IT | CY | LV | LT | LU | HU | MT | NL | AT | PL | PT | SI | SK | FI | SE | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| A.   Geographical situation of the holding |
| 1. | Survey district |

BE

CZ

DK

DE

EE

EL

ES

FR

IE

IT

CY

LV

LT

LU

HU

MT

NL

AT

PL

PT

SI

SK

FI

SE

UK

Geographical situation of the holding

1.

Survey district

code

| (a) | Municipality or subsurvey district (1) |
| --- | --- |

(a)

Municipality or subsurvey district (1)

code

| 2. | Less-favoured area (1) |
| --- | --- |

2.

Less-favoured area (1)

yes/no

NE

| (a) | Mountain area (1) |
| --- | --- |

(a)

Mountain area (1)

yes/no

NE

NE

NE

NE

NE

| 3. | Agricultural areas with environmental restrictions |
| --- | --- |

3.

Agricultural areas with environmental restrictions

yes/no

NE

NE

NE

NE

Legal personality and management of the holding (on the day of the survey)

Is the legal and economic responsibility of the holding assumed by:

| (a) | a natural person who is a sole holder, where the holding is independent? |
| --- | --- |

(a)

a natural person who is a sole holder, where the holding is independent?

yes/no

| (b) | one or more natural persons who is/are a partner, where the holding is a group holding? (2) |
| --- | --- |

(b)

one or more natural persons who is/are a partner, where the holding is a group holding? (2)

yes/no

NS

NS

NS

NS

NS

NS

NS

NS

NS

NS

NS

NE

NS

NS

| (c) | a legal person? |
| --- | --- |

(c)

a legal person?

yes/no

| 2. | If the answer to question B/1 (a) is “yes”, is the person (the holder) also the manager? |
| --- | --- |

2.

If the answer to question B/1 (a) is “yes”, is the person (the holder) also the manager?

yes/no

| (a) | If the answer to question B/2 is ‘no’, is the manager a member of the holder’s family? |
| --- | --- |

(a)

If the answer to question B/2 is ‘no’, is the manager a member of the holder’s family?

yes/no

| (b) | If the answer to question B/2(a) is ‘yes’, is the manager the spouse of the holder? |
| --- | --- |

(b)

If the answer to question B/2(a) is ‘yes’, is the manager the spouse of the holder?

yes/no

NS

NS

| 3. | Agricultural training of the managers (only practical agricultural experience, basic agricultural training, full agricultural training) (3) |
| --- | --- |

3.

Agricultural training of the managers (only practical agricultural experience, basic agricultural training, full agricultural training) (3)

code

Type of tenure (in relation to the holder) and farming system

Agricultural area utilised:

| 1. | For owner farming |
| --- | --- |

1.

For owner farming

ha/a

| 2. | For tenant farming |
| --- | --- |

2.

For tenant farming

ha/a

| 3. | For share farming or other modes |
| --- | --- |

3.

For share farming or other modes

ha/a

NS

NS

NS

NE

NE

NS

| 5. | Farming system and practises: |
| --- | --- |

5.

Farming system and practises:

| (a) | The utilised agricultural area of the holding on which organic farming production methods are applied according to European Community rules |
| --- | --- |

(a)

The utilised agricultural area of the holding on which organic farming production methods are applied according to European Community rules

ha/a

NS

NE

| (d) | The utilised agricultural area of the holding that are under conversion to organic farming production methods |
| --- | --- |

(d)

The utilised agricultural area of the holding that are under conversion to organic farming production methods

ha/a

NS

NE

| (e) | Is the holding applying organic production methods also to the animal production? |
| --- | --- |

(e)

Is the holding applying organic production methods also to the animal production?

totally, partly, not at all

NS

NE

| (f) | Direct investment aids to the holding in the framework of common agricultural policy during the last five years: |
| --- | --- |

(f)

Direct investment aids to the holding in the framework of common agricultural policy during the last five years:

| (i) | Did the holding benefit directly from public aids within the framework of productive investments? (3) |
| --- | --- |

(i)

Did the holding benefit directly from public aids within the framework of productive investments? (3)

yes/no

| (ii) | Did the holding benefit directly from public aids within the framework of rural development measures? (3) |
| --- | --- |

(ii)

Did the holding benefit directly from public aids within the framework of rural development measures? (3)

yes/no

| 6. | Destination of the holding’s production: |
| --- | --- |

6.

Destination of the holding’s production:

| (a) | Does the household of the holder consume more than 50 % of the value of the final production of the holding? (3) |
| --- | --- |

(a)

Does the household of the holder consume more than 50 % of the value of the final production of the holding? (3)

yes/no

NS

NS

NE

NS

NS

NS

NE

NS

NS

NE

| (b) | Do the direct sales to consumers account for more than 50 % of the total sales? (3) |
| --- | --- |

(b)

Do the direct sales to consumers account for more than 50 % of the total sales? (3)

yes/no

NS

NS

NS

NS

NS

NS

NS

NS

NS

NS

Arable land

Cereals for the production of grain (including seed):

| 1. | Common wheat and spelt |
| --- | --- |

1.

Common wheat and spelt

ha/a

NE

| 2. | Durum wheat |
| --- | --- |

2.

Durum wheat

ha/a

NE

NS

NE

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NE

NS

| 3. | Rye |
| --- | --- |

3.

Rye

ha/a

NS

NS

NE

| 4. | Barley |
| --- | --- |

4.

Barley

ha/a

NE

| 5. | Oats |
| --- | --- |

5.

Oats

ha/a

NE

| 6. | Grain maize |
| --- | --- |

6.

Grain maize

ha/a

NE

NE

NE

NS

NE

NE

NE

NE

NS

| 7. | Rice |
| --- | --- |

7.

Rice

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

| 8. | Other cereals for the production of grain |
| --- | --- |

8.

Other cereals for the production of grain

ha/a

NE

| 9. | Protein crops for the production of grain (including seed and mixtures of cereals and pulses) |
| --- | --- |

9.

Protein crops for the production of grain (including seed and mixtures of cereals and pulses)

ha/a

NE

of which:

| (e) | peas, field beans and sweet lupines |
| --- | --- |

(e)

peas, field beans and sweet lupines

ha/a

NE

NS

| (f) | lentils, chick peas and vetches |
| --- | --- |

(f)

lentils, chick peas and vetches

ha/a

NS

NS

NS

NS

NS

NS

NE

NS

NS

NS

NS

NE

NS

| (g) | other protein crops harvested dry |
| --- | --- |

(g)

other protein crops harvested dry

ha/a

NS

NS

NS

NS

NS

NS

NS

NE

NS

NS

NS

NS

NS

NE

| 10. | Potatoes (including early potatoes and seed potatoes) |
| --- | --- |

10.

Potatoes (including early potatoes and seed potatoes)

ha/a

| 11. | Sugar beet (excluding seeds) |
| --- | --- |

11.

Sugar beet (excluding seeds)

ha/a

NE

NE

NE

| 12. | Fodder roots and brassicas (excluding seeds) |
| --- | --- |

12.

Fodder roots and brassicas (excluding seeds)

ha/a

NE

NS

NS

Industrial plants:

| 23. | Tobacco |
| --- | --- |

23.

Tobacco

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NS

NE

NE

NE

| 24. | Hops |
| --- | --- |

24.

Hops

ha/a

NE

NE

NE

NE

NS

NE

NS

NE

NE

NS

NE

NE

| 25. | Cotton |
| --- | --- |

25.

Cotton

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NE

| 26. | Rape and turnip rape |
| --- | --- |

26.

Rape and turnip rape

ha/a

NE

NE

NE

NS

| 27. | Sunflower |
| --- | --- |

27.

Sunflower

ha/a

NS

NS

NE

NE

NS

NE

NE

NE

NE

NS

NE

NS

| 28. | Soya |
| --- | --- |

28.

Soya

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NS

NS

NE

NE

NS

| 29. | Linseed (oil flax) |
| --- | --- |

29.

Linseed (oil flax)

ha/a

NS

NS

NS

NE

NE

NS

NE

NS

NS

NS

| 30. | Other oil seed crops |
| --- | --- |

30.

Other oil seed crops

ha/a

NS

NS

NE

NS

NE

NE

NE

NS

NS

NS

NS

| 31. | Flax |
| --- | --- |

31.

Flax

ha/a

NS

NE

NS

NE

NS

NS

NE

NS

NS

NS

| 32. | Hemp |
| --- | --- |

32.

Hemp

ha/a

NS

NS

NS

NE

NE

NE

NS

NE

NS

NE

NS

NS

NS

NS

NS

| 33. | Other textile crops |
| --- | --- |

33.

Other textile crops

ha/a

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NS

NE

NE

NS

NE

NS

| 34. | Aromatic plants, medicinal and culinary plants |
| --- | --- |

34.

Aromatic plants, medicinal and culinary plants

ha/a

NS

NE

NE

NS

NS

NS

| 35. | Industrial plants, not mentioned elsewhere |
| --- | --- |

35.

Industrial plants, not mentioned elsewhere

ha/a

NS

NS

NS

NS

NE

NS

NS

NS

Fresh vegetables, melons, strawberries:

| 14. | Outdoor or under low (not accessible) protective cover |
| --- | --- |

14.

Outdoor or under low (not accessible) protective cover

ha/a

of which:

| (a) | open field |
| --- | --- |

(a)

open field

ha/a

NE

NS

| (b) | market gardening |
| --- | --- |

(b)

market gardening

ha/a

NE

| 15. | Under glass or other (accessible) protective cover |
| --- | --- |

15.

Under glass or other (accessible) protective cover

ha/a

NS

Flowers and ornamental plants (excluding nurseries):

| 16. | Outdoor or under low (not accessible) protective cover |
| --- | --- |

16.

Outdoor or under low (not accessible) protective cover

ha/a

NS

NS

| 17. | Under glass or other (accessible) protective cover |
| --- | --- |

17.

Under glass or other (accessible) protective cover

ha/a

Forage plants:

| (a) | temporary grass |
| --- | --- |

(a)

temporary grass

ha/a

NE

| (b) | other green fodder |
| --- | --- |

(b)

other green fodder

ha/a

of which:

| (i) | green maize (maize for silage) |
| --- | --- |

(i)

green maize (maize for silage)

ha/a

NE

NS

NS

| (iii) | other forage plants |
| --- | --- |

(iii)

other forage plants

ha/a

NS

| 19. | Arable land seeds and seedlings (excluding cereals, dried vegetables, potatoes and oil-seed plants) |
| --- | --- |

19.

Arable land seeds and seedlings (excluding cereals, dried vegetables, potatoes and oil-seed plants)

ha/a

NS

NE

NE

| 20. | Other arable land crops |
| --- | --- |

20.

Other arable land crops

ha/a

NS

NS

NE

| 21. | Fallow land without any subsidies |
| --- | --- |

21.

Fallow land without any subsidies

ha/a

NE

| 22. | Fallow land subject to set-aside incentive schemes with no economic use |
| --- | --- |

22.

Fallow land subject to set-aside incentive schemes with no economic use

ha/a

| E. | Kitchen gardens |
| --- | --- |

E.

ha/a

NS

NS

NS

NS

NS

NS

NS

| F. | Permanent grassland and meadow |
| --- | --- |

F.

ha/a

NE

| 1. | Pasture and meadow, excluding rough grazing |
| --- | --- |

1.

Pasture and meadow, excluding rough grazing

ha/a

NE

| 2. | Rough grazing |
| --- | --- |

2.

Rough grazing

ha/a

NE

NE

NE

NE

NE

NE

Permanent crops

| 1. | Fruit and berry plantations |
| --- | --- |

1.

Fruit and berry plantations

ha/a

| (a) | fresh fruit and berry species of temperate climate zones (4) |
| --- | --- |

(a)

fresh fruit and berry species of temperate climate zones (4)

ha/a

| (b) | fruit and berry species of subtropical climate zones |
| --- | --- |

(b)

fruit and berry species of subtropical climate zones

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

| (c) | nuts |
| --- | --- |

(c)

nuts

ha/a

NS

NS

NE

NS

NE

NE

NE

NE

NE

NE

NS

NS

NS

NS

NE

NE

NS

| 2. | Citrus plantations |
| --- | --- |

2.

Citrus plantations

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

| 3. | Olive plantations |
| --- | --- |

3.

Olive plantations

ha/a

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

| (a) | normally producing table olives |
| --- | --- |

(a)

normally producing table olives

ha/a

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

| (b) | normally producing olives for oil production |
| --- | --- |

(b)

normally producing olives for oil production

ha/a

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

NE

| 4. | Vineyards |
| --- | --- |

4.

Vineyards

ha/a

NS

NE

NE

NE

NE

NE

NS

NS

NE

NE

of which normally producing:

| (a) | quality wine |
| --- | --- |

(a)

quality wine

ha/a

NS

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

| (b) | other wines |
| --- | --- |

(b)

other wines

ha/a

NS

NE

NE

NS

NE

NE

NE

NE

NE

NS

NE

NS

NE

NE

| (c) | table grapes |
| --- | --- |

(c)

table grapes

ha/a

NS

NE

NS

NE

NE

NE

NE

NE

NS

NS

NE

NS

NE

NE

NE

| (d) | raisins |
| --- | --- |

(d)

raisins

ha/a

NS

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NE

NE

NE

NE

NS

NE

NE

NE

NE

NE

| 5. | Nurseries |
| --- | --- |

5.

Nurseries

ha/a

| 6. | Other permanent crops |
| --- | --- |

6.

Other permanent crops

ha/a

NE

NE

NS

NS

NS

NS

NE

NE

NE

NS

NE

NE

NS

| 7. | Permanent crops under glass |
| --- | --- |

7.

Permanent crops under glass

ha/a

NS

NE

NE

NS

NS

NS

NE

NE

NS

NS

NE

NS

NE

NE

NE

NE

NE

Other land

| 1. | Non-utilised agricultural land (agricultural land which is no longer farmed, for economic, social or other reasons, and which is not used in the crop rotation system) |
| --- | --- |

1.

Non-utilised agricultural land (agricultural land which is no longer farmed, for economic, social or other reasons, and which is not used in the crop rotation system)

ha/a

| 2. | Wooded area |
| --- | --- |

2.

Wooded area

ha/a

NE

| 3. | Other land (land occupied by buildings, farmyards, tracks, ponds, quarries, infertile land, rock, etc.) |
| --- | --- |

3.

Other land (land occupied by buildings, farmyards, tracks, ponds, quarries, infertile land, rock, etc.)

ha/a

Successive secondary cropping, mushrooms, irrigation and set-aside of arable land

| 1. | Successive secondary crops (excluding market-garden crops and crops under glass) (5) |
| --- | --- |

1.

Successive secondary crops (excluding market-garden crops and crops under glass) (5)

ha/a

NE

NS

NE

NE

NE

NE

NS

NE

NE

NS

| 2. | Mushrooms |
| --- | --- |

2.

Mushrooms

ha/a

NS

NS

NE

NS

NS

| 3. | Irrigated area |
| --- | --- |

3.

Irrigated area

| (a) | total irrigable area |
| --- | --- |

(a)

total irrigable area

ha/a

NS

NS

NS

NS

NS

NE

| (b) | cultivated area irrigated |
| --- | --- |

(b)

cultivated area irrigated

ha/a

NS

NS

NS

NS

NS

NE

NS

| 4. | Area subject to set-aside incentive schemes broken down by: |
| --- | --- |

4.

Area subject to set-aside incentive schemes broken down by:

ha/a

| (a) | fallow land with no economic use (already recorded under D/22) |
| --- | --- |

(a)

fallow land with no economic use (already recorded under D/22)

ha/a

| (b) | areas used for the production of agricultural raw material for non-food purposes (e.g. sugar beet, rape, non-forestry trees and bushes etc., including lentils, chick peas and vetches; already recorded under D and G) |
| --- | --- |

(b)

areas used for the production of agricultural raw material for non-food purposes (e.g. sugar beet, rape, non-forestry trees and bushes etc., including lentils, chick peas and vetches; already recorded under D and G)

ha/a

NE

NE

| (c) | areas converted into permanent pasture and meadow (already recorded under F/1 and F/2) (3) |
| --- | --- |

(c)

areas converted into permanent pasture and meadow (already recorded under F/1 and F/2) (3)

ha/a

NS

NE

NE

NE

NE

| (d) | former agricultural areas converted into wooded area or being prepared for afforestation (already recorded under H/2) (6) |
| --- | --- |

(d)

former agricultural areas converted into wooded area or being prepared for afforestation (already recorded under H/2) (6)

ha/a

NS

NE

NS

| (e) | other areas (already recorded under H/1 and H/3) (6) |
| --- | --- |

(e)

other areas (already recorded under H/1 and H/3) (6)

ha/a

NS

NE

Livestock (on the reference day of the survey)

| 1. | Equidae |
| --- | --- |

1.

Equidae

number of heads

Bovine animals:

| 2. | Bovine animals, under one year old, male and female |
| --- | --- |

2.

Bovine animals, under one year old, male and female

number of heads

| 3. | Male bovine animals, one but less than two years old |
| --- | --- |

3.

Male bovine animals, one but less than two years old

number of heads

| 4. | Female bovine animals, one but less than two years old |
| --- | --- |

4.

Female bovine animals, one but less than two years old

number of heads

| 5. | Male bovine animals, two years old and over |
| --- | --- |

5.

Male bovine animals, two years old and over

number of heads

| 6. | Heifers, two years old and over |
| --- | --- |

6.

Heifers, two years old and over

number of heads

| 7. | Dairy cows |
| --- | --- |

7.

Dairy cows

number of heads

| 8. | Other cows |
| --- | --- |

8.

Other cows

number of heads

Sheep and goats:

| 9. | Sheep (all ages) |
| --- | --- |

9.

Sheep (all ages)

number of heads

| (a) | sheep, breeding females |
| --- | --- |

(a)

sheep, breeding females

number of heads

| (b) | other sheep |
| --- | --- |

(b)

other sheep

number of heads

| 10. | Goats (all ages) |
| --- | --- |

10.

Goats (all ages)

number of heads

NS

NS

NS

| (a) | goats, breeding females |
| --- | --- |

(a)

goats, breeding females

number of heads

NS

NS

NS

| (b) | other goats |
| --- | --- |

(b)

other goats

number of heads

NS

NS

NS

Pigs

| 11. | Piglets having a live weight of under 20 kg |
| --- | --- |

11.

Piglets having a live weight of under 20 kg

number of heads

| 12. | Breeding sows weighing 50 kg and over |
| --- | --- |

12.

Breeding sows weighing 50 kg and over

number of heads

| 13. | Other pigs |
| --- | --- |

13.

Other pigs

number of heads

Poultry:

| 14. | Broilers |
| --- | --- |

14.

Broilers

number of heads

| 15. | Laying hens |
| --- | --- |

15.

Laying hens

number of heads

| 16. | Other poultry |
| --- | --- |

16.

Other poultry

number of heads

of which:

| (a) | turkeys |
| --- | --- |

(a)

turkeys

number of heads

NS

| (b) | ducks |
| --- | --- |

(b)

ducks

number of heads

NS

NS

NS

| (c) | geese |
| --- | --- |

(c)

geese

number of heads

NS

NS

NS

NE

NS

| (d) | other poultry, not mentioned elsewhere |
| --- | --- |

(d)

other poultry, not mentioned elsewhere

number of heads

NS

NS

NS

NS

| 17. | Rabbits, breeding females |
| --- | --- |

17.

Rabbits, breeding females

number of heads

NS

NS

NS

NS

NS

NE

NE

NS

| 18. | Bees |
| --- | --- |

18.

Bees

number of heads

NS

NS

NS

NS

NS

NS

NS

NS

NS

| 19. | Livestock not mentioned elsewhere |
| --- | --- |

19.

Livestock not mentioned elsewhere

yes/no

NS

NS

NS

NS

NS

NE

NS

Tractors, cultivators, machinery and equipment

On day of survey, belonging exclusively to the holding

| 1. | Four-wheel tractors, track-laying tractors, tool carriers by power rating (kW) (3) |
| --- | --- |

1.

Four-wheel tractors, track-laying tractors, tool carriers by power rating (kW) (3)

Number

| a) | < 40 (7) |
| --- | --- |

a)

< 40 (7)

Number

| b) | 40 to < 60 (7) |
| --- | --- |

b)

40 to < 60 (7)

Number

| c) | 60 to < 100 (7) |
| --- | --- |

c)

60 to < 100 (7)

Number

NS

| d) | 100 and more (7) |
| --- | --- |

d)

100 and more (7)

Number

NE

| 2. | Cultivators, hoeing machines, rotary hoes and motor mowers (3) |
| --- | --- |

2.

Cultivators, hoeing machines, rotary hoes and motor mowers (3)

Number

| 3. | Combine harvesters (3) |
| --- | --- |

3.

Combine harvesters (3)

Number

| 9. | Other fully mechanised harvesters (3) |
| --- | --- |

9.

Other fully mechanised harvesters (3)

Number

NS

| 10. | Irrigation equipment (3) |
| --- | --- |

10.

Irrigation equipment (3)

yes/no

NS

NS

NE

NE

| (a) | if yes, is the equipment mobile (3) |
| --- | --- |

(a)

if yes, is the equipment mobile (3)

yes/no

NS

NS

NE

NE

| (b) | if yes, is the equipment fixed (3) |
| --- | --- |

(b)

if yes, is the equipment fixed (3)

yes/no

NS

NS

NE

NE

NS

Machinery used in the last 12 months, used by several holdings (belonging to another holding, to a cooperative or owned jointly with other holdings) or belonging to a service supply agency

| 1. | Four-wheel tractors, track-laying tractors, tool carriers by power rating (kW) (3) |
| --- | --- |

1.

Four-wheel tractors, track-laying tractors, tool carriers by power rating (kW) (3)

yes/no

| 2. | Cultivators, hoeing machines, rotary hoes and motor mowers (3) |
| --- | --- |

2.

Cultivators, hoeing machines, rotary hoes and motor mowers (3)

yes/no

| 3. | Combine harvesters (3) |
| --- | --- |

3.

Combine harvesters (3)

yes/no

| 9. | Other fully mechanised harvesters (3) |
| --- | --- |

9.

Other fully mechanised harvesters (3)

yes/no

Farm labour force (in the 12 months preceding the day of the survey)

Statistical information is collected for each person, working on the holding, belonging to the following farm labour force categories in a way allowing multiple crossing with each other and/or with any other survey characteristics.

| 1. | Holders |
| --- | --- |

1.

Holders

In this category are found:

| — | natural persons:







  — | sole holders of independent holdings (all persons who have answered ‘yes’ to question B/1(a)) |
| --- | --- | --- |

—

natural persons:

—

sole holders of independent holdings (all persons who have answered ‘yes’ to question B/1(a))

| — | the partner on group holdings that has been identified as being the holder |
| --- | --- |

—

the partner on group holdings that has been identified as being the holder

| — | legal persons |
| --- | --- |

—

legal persons

The following information is recorded for each natural person mentioned above:

| — | the gender |
| --- | --- |

—

the gender

| — | the age according to the following age classes: |
| --- | --- |

—

the age according to the following age classes:

from school leaving age to < 25 years, 25 to 34, 35 to 44, 45 to 54, 55 to 64, 65 and over

| — | the farm work on the holding (apart from housework) according to the classification: |
| --- | --- |

—

the farm work on the holding (apart from housework) according to the classification:

0 %, > 0 to < 25 %, 25 to < 50 %, 50 to < 75 %, 75 to < 100 %, 100 % (full time) of annual time worked by a full-time farm worker.

| 1 (a) | Managers |
| --- | --- |

1 (a)

Managers

In this category are found:

| — | the managers on independent holdings, including spouses and other members of the holders’ families who are also manager; that is where the answer is ‘yes’ to either B/2( a) or B/2( b) |
| --- | --- |

—

the managers on independent holdings, including spouses and other members of the holders’ families who are also manager; that is where the answer is ‘yes’ to either B/2( a) or B/2( b)

| — | the partners on group holdings who have been identified as managers |
| --- | --- |

—

the partners on group holdings who have been identified as managers

| — | the managers on holdings where the holder is a legal person. |
| --- | --- |

—

the managers on holdings where the holder is a legal person.

(The managers who are at the same time sole holders or partners identified as being the holder of a group holding are recorded only once, that is, as a holder in category L/1).

The following information is recorded for each person mentioned above:

| — | the gender |
| --- | --- |

—

the gender

| — | the age according to the following age classes: |
| --- | --- |

—

the age according to the following age classes:

from school leaving age to < 25 years, 25 to 34, 35 to 44, 45 to 54, 55 to 64, 65 and over

| — | the farm work on the holding (apart from housework) according to the classification: |
| --- | --- |

—

the farm work on the holding (apart from housework) according to the classification:

> 0 to < 25 %, 25 to < 50 %, 50 to < 75 %, 75 to < 100 %, 100 % (full time) of annual time worked by a full-time farm worker.

| 2. | Spouses of holders |
| --- | --- |

2.

Spouses of holders

In this category are found the spouses of sole holders (the answer to question B/1 (a) is ‘yes’) who are not included in L/1, nor included in L/1(a) (they are not managers: the answer to question B/2(b) is ‘no’)

The following information is recorded for each person mentioned above:

| — | the gender |
| --- | --- |

—

the gender

| — | the age according to the following age classes: |
| --- | --- |

—

the age according to the following age classes:

from school leaving age to < 25 years, 25 to 34, 35 to 44, 45 to 54, 55 to 64, 65 and over

| — | the farm work on the holding (apart from housework) according to the classification: |
| --- | --- |

—

the farm work on the holding (apart from housework) according to the classification:

0 %, > 0 to < 25 %, 25 to < 50 %, 50 to < 75 %, 75 to < 100 %, 100 % (full time) of annual time worked by a full-time farm worker.

| 3 (a) | Other members of sole holders’ families carrying out farm work for the holding: male (excluding persons in categories L/1, L/1(a) and L/2) |
| --- | --- |

3 (a)

Other members of sole holders’ families carrying out farm work for the holding: male (excluding persons in categories L/1, L/1(a) and L/2)

| 3 (b) | Other members of sole holders' families carrying out farm work for the holding: female (excluding persons in categories L/1, L/1(a) and L/2) |
| --- | --- |

3 (b)

Other members of sole holders' families carrying out farm work for the holding: female (excluding persons in categories L/1, L/1(a) and L/2)

The following information on the number of persons on the holding corresponding to the following classes is to be recorded for each person of the categories mentioned above:

| — | the age according to the following age classes: |
| --- | --- |

—

the age according to the following age classes:

from school leaving age to < 25 years, 25 to 34, 35 to 44, 45 to 54, 55 to 64, 65 and over (3)

| — | The farm work on the holding (apart from housework) according to the classification: |
| --- | --- |

—

The farm work on the holding (apart from housework) according to the classification:

> 0 to < 2 5 %, 25 to < 50 %, 50 to < 75 %, 75 to < 100 %, 100 % (full time) of annual time worked by a full-time farm worker.

| 4 (a) | Non-family labour regularly employed: male (excluding persons in categories L/1, L/1a, L/2 and L/3) |
| --- | --- |

4 (a)

Non-family labour regularly employed: male (excluding persons in categories L/1, L/1a, L/2 and L/3)

| 4 (b) | Non-family labour regularly employed: female (excluding persons in categories L/1, L/1a, L/2 and L/3) |
| --- | --- |

4 (b)

Non-family labour regularly employed: female (excluding persons in categories L/1, L/1a, L/2 and L/3)

The following information on the number of persons on the holding corresponding to the following classes is to be recorded for each of the categories mentioned above:

| — | the age according to the following age classes: |
| --- | --- |

—

the age according to the following age classes:

from school leaving age to < 25 years, 25 to 34, 35 to 44, 45 to 54, 55 to 64, 65 and over (3)

| — | the farm work on the holding (apart from housework) according to the classification: |
| --- | --- |

—

the farm work on the holding (apart from housework) according to the classification:

> 0 to < 25 %, 25 to < 50 %, 50 to < 75 %, 75 to < 100 %, 100 % (full time) of annual time worked by a full-time farm worker

| 5. and 6 | Non-family labour employed on a non regular basis: male and female |
| --- | --- |

5. and 6

Non-family labour employed on a non regular basis: male and female

Number of working days

| 7. | Does the holder who is also the manager have any other gainful activities? |
| --- | --- |

7.

Does the holder who is also the manager have any other gainful activities?

| — | as his/her major occupation? |
| --- | --- |

—

as his/her major occupation?

yes/no

| — | as a subsidiary occupation? |
| --- | --- |

—

as a subsidiary occupation?

yes/no

| 8. | Does the sole holder’s spouse have any other gainful activity: |
| --- | --- |

8.

Does the sole holder’s spouse have any other gainful activity:

| — | as his/her major occupation? |
| --- | --- |

—

as his/her major occupation?

yes/no

| — | as a subsidiary occupation? |
| --- | --- |

—

as a subsidiary occupation?

yes/no

| 9. | Does any other member of the sole holder’s family engaged in the farm work of the holding have any other gainful activity? If ‘yes’, how many have other gainful activities: |
| --- | --- |

9.

Does any other member of the sole holder’s family engaged in the farm work of the holding have any other gainful activity? If ‘yes’, how many have other gainful activities:

| — | as his/her major occupation? |
| --- | --- |

—

as his/her major occupation?

number of persons

| — | as a subsidiary occupation? |
| --- | --- |

—

as a subsidiary occupation?

number of persons

| 10. | Total number of equivalent full-time working days of farm work during the 12 months preceding the day of the survey, not included under L/1 to L/6, undertaken on the holding by persons not employed directly by the holding (e.g. contractors’ employees) (8) |
| --- | --- |

10.

Total number of equivalent full-time working days of farm work during the 12 months preceding the day of the survey, not included under L/1 to L/6, undertaken on the holding by persons not employed directly by the holding (e.g. contractors’ employees) (8)

number of days

NE

NS

NS

Rural development

Other gainful activities on the holding (other than agriculture), directly related to the holding

| (a) | tourism, accommodation and other leisure activities |
| --- | --- |

(a)

tourism, accommodation and other leisure activities

yes/no

NS

NE

| (b) | handicraft |
| --- | --- |

(b)

handicraft

yes/no

NS

NE

NS

| (c) | processing of farm products |
| --- | --- |

(c)

processing of farm products

yes/no

| (d) | wood processing (e.g. sawing, etc.) |
| --- | --- |

(d)

wood processing (e.g. sawing, etc.)

yes/no

NS

NE

NE

NS

| (e) | aquaculture |
| --- | --- |

(e)

aquaculture

yes/no

NE

| (f) | renewable energy production (wind energy, straw-burning, etc.) |
| --- | --- |

(f)

renewable energy production (wind energy, straw-burning, etc.)

yes/no

NS

NE

| (g) | contractual work (using equipment of the holding) |
| --- | --- |

(g)

contractual work (using equipment of the holding)

yes/no

| (h) | other’ |
| --- | --- |

(h)

other’

yes/no

NE

---

(*1)  Note to the reader: The numbering of the characteristics is a consequence of the long history of the farm structure surveys and cannot be changed without repercussion on comparability between surveys.

*1

(1)  The provision of information on less-favoured area (A2) and mountain area (A2a) is optional in case the municipality code (A1a) is sent for each holding. In case the municipality code (A1a) is not provided for the holding, the information on less-favoured area (A2) and mountain area (A2a) is obligatory.

1

(2)  Voluntary information.

2

(3)  Not recorded in the 2007 survey.

3

(4)  Belgium, the Netherlands and Austria may include item G/1(c) ‘nuts’ under this heading.

4

(5)  Voluntary information.

5

(6)  Germany may merge headings 8(c), 8(d) and 8(e).

6

(7)  Optional in the 2005 survey. Not recorded in the 2007 survey.

7

(8)  Optional for Member States that are able to provide an overall estimate for this characteristic at regional level.

8

---

ANNEX II

AMENDMENTS TO ANNEX I TO DECISION 2000/115/EC

1.   Amendments to paragraph A:

subparagraph A/1 II:

‘The regions and districts for the purposes of the agricultural structure surveys are listed in Annex IV.’;

and the following sentence in paragraph A/1 (a) II:

‘If these codes cannot be transmitted, the Member State communicates instead, for each holding, the information indicated in characteristics A/2, A/2(a) and A/3.’;

are deleted.

2.   Amendments to paragraph C:

the following subparagraph is added to paragraph C:

‘C/05.   Farming system and practices

1.   C/5 (f) Aid for investments during the last five years

| I. | Public aid for investment concerns measures covered by Regulation (EC) No 1257/1999 concerning rural development. |
| --- | --- |

I.

| II. | “Directly” means that the characteristic does not cover investment aid which is not paid directly to the holding but provided at a higher level (regional or group), even if the holding would have benefited from this aid indirectly. Examples of investments not covered are:






  — | basic services for the rural economy and population, |
| --- | --- | --- |

II.

—

basic services for the rural economy and population,

| — | development and improvement of infrastructure connected with the development of agriculture, |
| --- | --- |

—

development and improvement of infrastructure connected with the development of agriculture,

| — | setting-up of farm relief and farm management services, |
| --- | --- |

—

setting-up of farm relief and farm management services,

| — | marketing of quality agricultural products, |
| --- | --- |

—

marketing of quality agricultural products,

| — | land improvement, |
| --- | --- |

—

land improvement,

| — | reparcelling. |
| --- | --- |

—

reparcelling.

Nor does the question cover support and measures existing in Regulation (EC) No 1257/1999 that are not related to investments such as:

| — | training (chapter III), |
| --- | --- |

—

training (chapter III),

| — | early retirement (chapter IV), |
| --- | --- |

—

early retirement (chapter IV),

| — | LFA and areas with environmental restrictions (chapter V), |
| --- | --- |

—

LFA and areas with environmental restrictions (chapter V),

| — | agro-environment (chapter VI). |
| --- | --- |

—

agro-environment (chapter VI).

2.   C/5 (f) (i) Benefit from public aid within the framework of productive investments

| I. | Productive investments concern, in Regulation 1257/1999:






  — | Article 4 : investment in agricultural holdings; |
| --- | --- | --- |

I.

—

Article 4 : investment in agricultural holdings;

| — | Article 8: setting-up of young farmers. |
| --- | --- |

—

Article 8: setting-up of young farmers.

3.   C/5 (f) (ii) Benefit from public aid within the framework of rural development measures

| I. | The rural development measures covered by this question are certain measures implemented under Article 33 of Regulation (EC) No 1257/1999:






  — | renovation and development of villages and protection and conservation of the rural heritage, |
| --- | --- | --- |

I.

—

renovation and development of villages and protection and conservation of the rural heritage,

| — | diversification of agricultural activities and activities close to agriculture to provide multiple activities or alternative incomes, |
| --- | --- |

—

diversification of agricultural activities and activities close to agriculture to provide multiple activities or alternative incomes,

| — | encouragement for tourist and craft activities, |
| --- | --- |

—

encouragement for tourist and craft activities,

| — | protection of the environment in connection with agriculture, forestry and landscape conservation as well as with the improvement of animal welfare, |
| --- | --- |

—

protection of the environment in connection with agriculture, forestry and landscape conservation as well as with the improvement of animal welfare,

| — | financial engineering, |
| --- | --- |

—

financial engineering,

as well as investment in forestry (chapter VIII).

C/06   Destination of the holding’s production

4.   C/6 (a) The holder’s household consumption

| II. | Gifts to family and relatives without remuneration should be considered as household consumption. Final production follows the definition used in agricultural accounts (i.e. production used as inputs for other production, such as forage for animal production, should not be taken into account in the total of production).
  The 50 % should of course not be considered as an exact threshold, but just as an order of magnitude. |
| --- | --- |

II.

The 50 % should of course not be considered as an exact threshold, but just as an order of magnitude.

5.   C/6(b) Direct sales to consumers

| II. | The 50 % should of course not be considered as the result of an exact estimation, but as an order of magnitude.’ |
| --- | --- |

II.

---

ANNEX III

Time limits for communicating the validated individual survey data to Eurostat

| Member State | Time limits Farm structure surveys 2005 | Time limits Farm structure surveys 2007 |
| --- | --- | --- |
| Belgium | 30 June 2006 | 31 May 2008 |
| Czech Republic | 30 June 2006 | 30 June 2008 |
| Denmark | 31 May 2006 | 31 May 2008 |
| Germany | 30 September 2006 | 30 September 2008 |
| Estonia | 30 June 2006 | 30 June 2008 |
| Greece | 31 December 2006 | 31 December 2008 |
| Spain | 31 December 2006 | 31 December 2008 |
| France | 31 December 2006 | 31 December 2008 |
| Ireland | 30 June 2006 | 31 May 2008 |
| Italy | 31 October 2006 | 30 September 2008 |
| Cyprus | 30 September 2006 | 30 September 2008 |
| Latvia | 30 June 2006 | 30 June 2008 |
| Lithuania | 31 March 2006 | 31 March 2008 |
| Luxembourg | 31 May 2006 | 31 May 2008 |
| Hungary | 30 September 2006 | 30 September 2008 |
| Malta | 31 July 2006 | 31 July 2008 |
| Netherlands | 31 July 2006 | 31 July 2008 |
| Austria | 30 September 2006 | 30 September 2008 |
| Poland | 31 March 2006 | 31 March 2008 |
| Portugal | 31 December 2006 | 31 December 2008 |
| Slovenia | 30 June 2006 | 30 June 2008 |
| Slovak Republic | 31 October 2006 | 30 September 2008 |
| Finland | 31 August 2006 | 31 August 2008 |
| Sweden | 30 June 2006 | 30 June 2008 |
| United Kingdom | 31 August 2006 | 31 August 2008 |

Member State

Time limits Farm structure surveys 2005

Time limits Farm structure surveys 2007

Belgium

30 June 2006

31 May 2008

Czech Republic

30 June 2006

30 June 2008

Denmark

31 May 2006

31 May 2008

Germany

30 September 2006

30 September 2008

Estonia

30 June 2006

30 June 2008

Greece

31 December 2006

31 December 2008

Spain

31 December 2006

31 December 2008

France

31 December 2006

31 December 2008

Ireland

30 June 2006

31 May 2008

Italy

31 October 2006

30 September 2008

Cyprus

30 September 2006

30 September 2008

Latvia

30 June 2006

30 June 2008

Lithuania

31 March 2006

31 March 2008

Luxembourg

31 May 2006

31 May 2008

Hungary

30 September 2006

30 September 2008

Malta

31 July 2006

31 July 2008

Netherlands

31 July 2006

31 July 2008

Austria

30 September 2006

30 September 2008

Poland

31 March 2006

31 March 2008

Portugal

31 December 2006

31 December 2008

Slovenia

30 June 2006

30 June 2008

Slovak Republic

31 October 2006

30 September 2008

Finland

31 August 2006

31 August 2008

Sweden

30 June 2006

30 June 2008

United Kingdom

31 August 2006

31 August 2008

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/49 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/49

---

COMMISSION REGULATION (EC) No 2140/2004

of 15 December 2004

laying down detailed rules for the application of Regulation (EC) No 1245/2004 as regards applications for fisheries licences in waters in the exclusive economic zone of Greenland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1245/2004 of 28 June 2004 on the conclusion of the Protocol modifying the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other (1), and in particular the second subparagraph of Article 4 thereof,

Whereas:

| (1) | Regulation (EC) No 1245/2004 provides that owners of Community vessels who receive a licence for a Community vessel authorised to fish in waters in the exclusive economic zone of Greenland are to pay a licence fee in accordance with Article 11(5) of the fourth Protocol. |
| --- | --- |

(1)

Regulation (EC) No 1245/2004 provides that owners of Community vessels who receive a licence for a Community vessel authorised to fish in waters in the exclusive economic zone of Greenland are to pay a licence fee in accordance with Article 11(5) of the fourth Protocol.

| (2) | Article 11(5) of the fourth Protocol provides that the implementing technical modalities for the attribution of fisheries licences are to be agreed by an administrative arrangement between the Parties. |
| --- | --- |

(2)

Article 11(5) of the fourth Protocol provides that the implementing technical modalities for the attribution of fisheries licences are to be agreed by an administrative arrangement between the Parties.

| (3) | The local Government of Greenland and the Community have held negotiations to determine the licence application and issuing formalities and, following those negotiations, an administrative arrangement was initialled on 30 September 2004. |
| --- | --- |

(3)

The local Government of Greenland and the Community have held negotiations to determine the licence application and issuing formalities and, following those negotiations, an administrative arrangement was initialled on 30 September 2004.

| (4) | The measures provided for in that administrative arrangement should be applied accordingly. |
| --- | --- |

(4)

The measures provided for in that administrative arrangement should be applied accordingly.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The fisheries licence application and issuing formalities referred to in Article 4 of Regulation (EC) No 1245/2004 shall be as set out in the administrative agreement in the Annex hereto.

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 15 December 2004.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 237, 8.7.2004, p. 1.

1

---

ANNEX

Administrative Arrangement on licences between the European Commission, the Government of Denmark and the Home Rule Government of Greenland.

Conditions for the exercise of fishing activities by Community vessels in the Greenland fishing zone

A   LICENCE APPLICATION AND ISSUING FORMALITIES

| 1. | The shipowners shall present to the European Commission via the national authorities by 1 March or thirty days before the beginning of the fishing trip an application for each vessel wishing to fish under the Agreement. Applications shall be made on the forms provided for that purpose by Greenland, specimens of which are attached (Appendix 1). Each licence application shall be accompanied by proof of payment of the fee for the licence′s term of validity. The fees shall include all national and local charges related to access to fishing activities. The Greenland Fisheries Authority will charge an administration fee of 1 % of the licence fee.
  The European Commission shall present to the Greenland Fisheries Authority an application, made by the shipowner, for each vessel wishing to fish under the Agreement. |
| --- | --- |

1.

The European Commission shall present to the Greenland Fisheries Authority an application, made by the shipowner, for each vessel wishing to fish under the Agreement.

| 2. | The Greenland Fisheries Authority shall communicate, before the entry into force of the Administrative Arrangement, all information concerning the bank accounts to be used for the payment of the fee. |
| --- | --- |

2.

| 3. | Licences shall be issued for specific vessels and shall not be transferable, subject to the provisions of paragraph 4. Licences shall indicate the maximum quantity authorised to catch and retain on board. An amendment of any maximum quantity indicated in the licence shall be subject to a new licence request. In the case where a vessel exceeds any maximum quantity indicated in its licence, it shall pay a fee for the quantity in excess to the maximum quantity indicated in its licence. No new licence is issued to that vessel as long as the fees corresponding to the exceeded quantity are not paid. This fee is calculated in accordance with Part B 3. |
| --- | --- |

3.

| 4. | However, in the case of force majeure and at the request of the Commission, a vessel′s licence may be replaced by a new licence for another vessel with characteristics similar to those of the first vessel. The new licence shall indicate:






  — | the date of issue, |
| --- | --- | --- |

4.

—

the date of issue,

| — | the fact that it invalidates and replaces the licence of the previous vessel. |
| --- | --- |

—

the fact that it invalidates and replaces the licence of the previous vessel.

| 5. | In case of ‘swapping’ of maximum quantities, in whole or in part, indicated in the licences, new licences shall be issued and the former licence withdrawn. In that case no licence fee is required. |
| --- | --- |

5.

| 6. | Licences shall be transmitted by the Greenland Fisheries Authority to the Commission within 15 working days of receipt of the application. |
| --- | --- |

6.

| 7. | The original licence or a copy of it must be held on board at all times and be presented at any time on request of the competent Greenland authorities. |
| --- | --- |

7.

B   VALIDITY OF LICENCES AND PAYMENT

| 1. | Licences shall be valid from the date of issue to the end of the calendar year in which the licence has been issued. They shall be issued within 15 working days of receipt of the application following payment of the required licence fees per year for each vessel.
  As far as the capelin fishery is concerned, licences shall be issued from 20 June to 31 December and 1 January to 30 April. |
| --- | --- |

1.

As far as the capelin fishery is concerned, licences shall be issued from 20 June to 31 December and 1 January to 30 April.

| 2. | The licence fees shall be based on the following:






  — | 2005: 2 % of the price per tonne of the species, |
| --- | --- | --- |

2.

—

2005: 2 % of the price per tonne of the species,

| — | 2006: 3 % of the price per tonne of the species |
| --- | --- |

—

2006: 3 % of the price per tonne of the species

| 3. | The licence fees for 2005 are based on Annex VI of the Protocol and are as follows:






  Species | EUR per tonne |
| --- | --- | --- |
| Redfish | 28 |
| Greenland Halibut | 51 |
| Shrimp | 42 |
| Atlantic Halibut | 56 |
| Capelin | 2 |
| Roundnose Grenadier | 12 |
| Snowcrab | 81 |

3.

Species

EUR per tonne

Redfish

28

Greenland Halibut

51

Shrimp

42

Atlantic Halibut

56

Capelin

2

Roundnose Grenadier

12

Snowcrab

81

The total licence fee (maximum quantity authorised to be fished multiplied with price per tonne) will be charged with a Greenlandic administration fee of one percent of the licence fee.

When the maximum authorised quantity is not fished, the fee corresponding to this maximum authorised quantity is not reimbursed to the shipowner.

| 4. | The licence fees for 2006 will be fixed in November 2005 by an Annex to this Administrative Arrangement based on Annex VI of the Protocol. |
| --- | --- |

4.

| 5. | The Greenland Fisheries Authority will draw up a statement of fees in respect of the previous calendar year on the basis of licences issued to Community vessels and other information in the possession of the Greenland Fisheries Authority.
  The statement will be sent to the Commission before 5 January of the following year. |
| --- | --- |

5.

The statement will be sent to the Commission before 5 January of the following year.

C   MODALITIES FOR THE PAYMENT OF THE FINANCIAL COMPENSATION REFERRED TO IN ARTICLE 11 OF THE PROTOCOL

| 1. | Referring to Article 11(1) of the Protocol, the financial compensation shall be payable annually at the beginning of each fishing year.
  Referring to Article 11(5) of the Protocol, the financial compensation is, with the revision, composed of two segments: the EC financial compensation and the shipowners licence fees.
  The amounts expected to be obtained by Greenland through licence fees paid by shipowners will be deducted from the EC financial compensation. |
| --- | --- |

1.

Referring to Article 11(5) of the Protocol, the financial compensation is, with the revision, composed of two segments: the EC financial compensation and the shipowners licence fees.

The amounts expected to be obtained by Greenland through licence fees paid by shipowners will be deducted from the EC financial compensation.

| 2. | Following the end of the fishing year, the amount paid by the shipowners is examined and the balance between the result of full utilisation and payment of licence fees is transferred to the Greenland Authorities as soon as possible, in addition to the next year’s EC financial compensation. |
| --- | --- |

2.

D   DATE OF ENTRY INTO FORCE

This administrative arrangement shall enter into force on 1 January 2005.

Appendix 1

Application for licence in Greenlandic waters

| 1 | Nationality | |
| --- | --- | --- |
| 2 | Name of vessel | |
| 3 | EC community fleet register number | |
| 4 | External identification letters and number | |
| 5 | Port of registration | |
| 6 | Radio call sign | |
| 7 | Inmarsat number (telephone, telex, e-mail) (1) | |
| 8 | Year of building | |
| 9 | Type of vessel | |
| 10 | Type of fishing gear | |
| 11 | Target species and quantity | |
| 12 | Fishing area (ICES/NAFO) | |
| 13 | Time period for a licence | |
| 14 | Owners, address, telephone, telex, e-mail | |
| 15 | Vessel operator | |
| 16 | Name of master | |
| 17 | Number of crew members | |
| 18 | Engine power (KW) | |
| 19 | Length (L.O.A.) | |
| 20 | Tonnage in GT | |
| 21 | Representative in Greenland
  Name and address | |
| 22 | Address to where the licence should be mailed, fax | European Commission, Directorate-General Fisheries, Rue de la Loi 200, B-1049 Brussels, Fax (32-2) 296 23 38 |

1

Nationality

2

Name of vessel

3

EC community fleet register number

4

External identification letters and number

5

Port of registration

6

Radio call sign

7

Inmarsat number (telephone, telex, e-mail) (1)

8

Year of building

9

Type of vessel

10

Type of fishing gear

11

Target species and quantity

12

Fishing area (ICES/NAFO)

13

Time period for a licence

14

Owners, address, telephone, telex, e-mail

15

Vessel operator

16

Name of master

17

Number of crew members

18

Engine power (KW)

19

Length (L.O.A.)

20

Tonnage in GT

21

Representative in Greenland

Name and address

22

Address to where the licence should be mailed, fax

European Commission, Directorate-General Fisheries, Rue de la Loi 200, B-1049 Brussels, Fax (32-2) 296 23 38

---

(1)  May be forwarded when application has been approved.

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/53 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/53

---

COMMISSION REGULATION (EC) No 2141/2004

of 15 December 2004

laying down, for the 2004/2005 marketing year, the revised production estimate for unginned cotton and the resulting new provisional reduction in the guide price

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular the second indent of Article 19(2) thereof,

Whereas:

| (1) | Article 16(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3) provides that the revised production estimate for unginned cotton referred to in the second subparagraph of Article 14(3) of Regulation (EC) No 1051/2001 and the resulting new provisional reduction in the guide price are to be established before 1 December of the marketing year concerned. |
| --- | --- |

(1)

Article 16(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3) provides that the revised production estimate for unginned cotton referred to in the second subparagraph of Article 14(3) of Regulation (EC) No 1051/2001 and the resulting new provisional reduction in the guide price are to be established before 1 December of the marketing year concerned.

| (2) | Article 19(2) of Regulation (EC) No 1051/2001 provides that the revised production estimate is to be established taking account of the progress of the harvest. That revised estimate should therefore be fixed on the basis of data available for the 2004/2005 marketing year. |
| --- | --- |

(2)

Article 19(2) of Regulation (EC) No 1051/2001 provides that the revised production estimate is to be established taking account of the progress of the harvest. That revised estimate should therefore be fixed on the basis of data available for the 2004/2005 marketing year.

| (3) | The second subparagraph of Article 14(3) of Regulation (EC) No 1051/2001 provides that from 16 December following the start of the marketing year, the amount of the advance is to be determined based on the revised production estimate, plus at least 7,5 %. In view of the most recent figures on quantities placed in supervised storage notified by the Member States in accordance with Article 15(4)(c)(i) of Regulation (EC) No 1591/2001 and of uncertainty about the situation with regard to Greek production, as a safety margin, a percentage increase of 12 % for Greece and 7,5 % for Spain and Portugal should be applied for the 2004/2005 marketing year. |
| --- | --- |

(3)

The second subparagraph of Article 14(3) of Regulation (EC) No 1051/2001 provides that from 16 December following the start of the marketing year, the amount of the advance is to be determined based on the revised production estimate, plus at least 7,5 %. In view of the most recent figures on quantities placed in supervised storage notified by the Member States in accordance with Article 15(4)(c)(i) of Regulation (EC) No 1591/2001 and of uncertainty about the situation with regard to Greek production, as a safety margin, a percentage increase of 12 % for Greece and 7,5 % for Spain and Portugal should be applied for the 2004/2005 marketing year.

| (4) | The new provisional reduction in the guide price must be calculated in accordance with Article 7 of Regulation (EC) No 1051/2001, but replacing actual production by the revised production estimate increased as above. |
| --- | --- |

(4)

The new provisional reduction in the guide price must be calculated in accordance with Article 7 of Regulation (EC) No 1051/2001, but replacing actual production by the revised production estimate increased as above.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   For the 2004/2005 marketing year, the revised production estimate for unginned cotton is hereby set at:

| — | 1 103 000 tonnes for Greece, |
| --- | --- |

—

1 103 000 tonnes for Greece,

| — | 344 640 tonnes for Spain, |
| --- | --- |

—

344 640 tonnes for Spain,

| — | 926 tonnes for Portugal. |
| --- | --- |

—

926 tonnes for Portugal.

2.   For the 2004/2005 marketing year, the new provisional reduction in the guide price shall be:

| — | EUR 39 437/100kg for Greece, |
| --- | --- |

—

EUR 39 437/100kg for Greece,

| — | EUR 27 957/100 kg for Spain, |
| --- | --- |

—

EUR 27 957/100 kg for Spain,

| — | EUR 0/100 kg for Portugal. |
| --- | --- |

—

EUR 0/100 kg for Portugal.

Article 2

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

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

Done at Brussels, 15 December 2004.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  Protocol as last amended by Council Regulation (EC) No 1050/2001 (OJ L 148, 1.6.2001, p. 1).

1

(2)  
  OJ L 148, 1.6.2001, p. 3.

2

(3)  
  OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

3

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/55 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/55

---

COMMISSION REGULATION (EC) No 2142/2004

of 15 December 2004

fixing the import duties in the cereals sector applicable from 16 December 2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

| (1) | Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market. |
| --- | --- |

(2)

Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.

| (3) | Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector. |
| --- | --- |

(3)

Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.

| (4) | The import duties are applicable until new duties are fixed and enter into force. |
| --- | --- |

(4)

The import duties are applicable until new duties are fixed and enter into force.

| (5) | In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties. |
| --- | --- |

(5)

In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.

| (6) | Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation, |
| --- | --- |

(6)

Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.

Article 2

This Regulation shall enter into force on 16 December 2004.

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

Done at Brussels, 15 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

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

2

---

ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 16 December 2004

| CN code | Description | Import duty (1)

  (EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | Common high quality wheat other than for sowing | 0,00 |
| 1002 00 00 | Rye | 32,26 |
| 1005 10 90 | Maize seed other than hybrid | 52,37 |
| 1005 90 00 | Maize other than seed (2) | 52,37 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 32,26 |

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

Common high quality wheat other than for sowing

0,00

1002 00 00

Rye

32,26

1005 10 90

Maize seed other than hybrid

52,37

1005 90 00

Maize other than seed (2)

52,37

1007 00 90

Grain sorghum other than hybrids for sowing

32,26

---

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

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

—

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

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

—

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

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

---

ANNEX II

Factors for calculating duties

period from 1.12.2004-14.12.2004

1.

| Exchange quotations | Minneapolis | Chicago | Minneapolis | Minneapolis | Minneapolis | Minneapolis |
| --- | --- | --- | --- | --- | --- | --- |
| Product (% proteins at 12 % humidity) | HRS2 (14 %) | YC3 | HAD2 | Medium quality (*1) | Low quality (*2) | US barley 2 |
| Quotation (EUR/t) | 109,43  (*3) | 59,79 | 156,74  (*4) | 146,74  (*4) | 126,74  (*4) | 79,95  (*4) |
| Gulf premium (EUR/t) | — | 11,13 | — | | | — |
| Great Lakes premium (EUR/t) | 23,12 | — | — | | | — |

Exchange quotations

Minneapolis

Chicago

Minneapolis

Minneapolis

Minneapolis

Minneapolis

Product (% proteins at 12 % humidity)

HRS2 (14 %)

YC3

HAD2

Medium quality (*1)

Low quality (*2)

US barley 2

Quotation (EUR/t)

109,43  (*3)

59,79

156,74  (*4)

146,74  (*4)

126,74  (*4)

79,95  (*4)

Gulf premium (EUR/t)

—

11,13

—

—

Great Lakes premium (EUR/t)

23,12

—

—

—

2.

Freight/cost: Gulf of Mexico–Rotterdam: 35,18 EUR/t; Great Lakes–Rotterdam: 46,26 EUR/t.

3.

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

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

0,00  EUR/t (HRW2)

0,00  EUR/t (SRW2).

---

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

*1

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

*2

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

*3

(*4)  Fob Duluth.

*4

---

II Acts whose publication is not obligatory

Council

| 16.12.2004 | EN | Official Journal of the European Union | L 369/58 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/58

---

COUNCIL DECISION

of 7 December 2004

authorising the French Republic and the Italian Republic to apply a measure derogating from Article 3(1) of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/853/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

Having regard to the proposal from the Commission,

Whereas:

| (1) | Under Article 27 of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance. |
| --- | --- |

(1)

Under Article 27 of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.

| (2) | In a request submitted to the Commission and registered by the Commission's Secretariat-General on 24 March 2004, the French and the Italian Governments sought authorisation to derogate from Article 3 of Directive 77/388/EEC. |
| --- | --- |

(2)

In a request submitted to the Commission and registered by the Commission's Secretariat-General on 24 March 2004, the French and the Italian Governments sought authorisation to derogate from Article 3 of Directive 77/388/EEC.

| (3) | In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter of 1 June 2004 of the request made by the French and the Italian Governments and by letter of 3 June 2004 the Commission notified the French Republic and the Italian Republic that it had all the information it considered necessary for appraisal of the request. |
| --- | --- |

(3)

In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter of 1 June 2004 of the request made by the French and the Italian Governments and by letter of 3 June 2004 the Commission notified the French Republic and the Italian Republic that it had all the information it considered necessary for appraisal of the request.

| (4) | Between France and Italy there are two tunnels: Mont Blanc (Monte Bianco) and Fréjus. The border between the two States is inside the tunnel but it would be impractical to arrange collection of tolls inside. The first indent of Article 3(1) of Directive 77/388/EEC stipulates that the ‘... “territory of a Member State” shall mean the territory of the country ...’. Under the current rules, therefore, the taxable amount of the tolls should be related to the length of the tunnel which belongs to each State. Since it would be expensive and disruptive to have a toll booth at each end of the tunnel for each Member State to collect their share of the toll, tolls are collected as a whole at the entrance of the tunnel. Each journey through the tunnel should be invoiced with two tolls and two different VAT rates: one for the French territory and one for the Italian territory. Moreover the taxable amount and the VAT should afterwards be shared between the two Member States. Thus the VAT is an additional complicating factor in an already complex mechanism of financial compensation resulting from the sharing of the management costs for the tunnel. |
| --- | --- |

(4)

Between France and Italy there are two tunnels: Mont Blanc (Monte Bianco) and Fréjus. The border between the two States is inside the tunnel but it would be impractical to arrange collection of tolls inside. The first indent of Article 3(1) of Directive 77/388/EEC stipulates that the ‘... “territory of a Member State” shall mean the territory of the country ...’. Under the current rules, therefore, the taxable amount of the tolls should be related to the length of the tunnel which belongs to each State. Since it would be expensive and disruptive to have a toll booth at each end of the tunnel for each Member State to collect their share of the toll, tolls are collected as a whole at the entrance of the tunnel. Each journey through the tunnel should be invoiced with two tolls and two different VAT rates: one for the French territory and one for the Italian territory. Moreover the taxable amount and the VAT should afterwards be shared between the two Member States. Thus the VAT is an additional complicating factor in an already complex mechanism of financial compensation resulting from the sharing of the management costs for the tunnel.

| (5) | The purpose of the derogation requested by France and Italy is to seek authorisation to derogate from Article 3 of Directive 77/388/EEC in relation to the tunnel of Mont Blanc (Monte Bianco) and tunnel of Fréjus. |
| --- | --- |

(5)

The purpose of the derogation requested by France and Italy is to seek authorisation to derogate from Article 3 of Directive 77/388/EEC in relation to the tunnel of Mont Blanc (Monte Bianco) and tunnel of Fréjus.

| (6) | For both tunnels the two States wish to consider the entire length of the carriageway within the tunnel as the territory of the State in which any transit journey through the tunnel using the carriageway starts. Thus the French office will apply French VAT to the entire toll for all journeys starting from the French side. The same mechanism will be applied by the Italian office to all journeys starting from the Italian side. |
| --- | --- |

(6)

For both tunnels the two States wish to consider the entire length of the carriageway within the tunnel as the territory of the State in which any transit journey through the tunnel using the carriageway starts. Thus the French office will apply French VAT to the entire toll for all journeys starting from the French side. The same mechanism will be applied by the Italian office to all journeys starting from the Italian side.

| (7) | This derogation only has effect with regard to the charging of tolls and in order to simplify the way in which VAT is calculated and accounted for. It does not affect the VAT territory of Italy or France for the purposes of any other supplies. |
| --- | --- |

(7)

This derogation only has effect with regard to the charging of tolls and in order to simplify the way in which VAT is calculated and accounted for. It does not affect the VAT territory of Italy or France for the purposes of any other supplies.

| (8) | The intended measure is designed to solve the problems outlined above by simplifying the arrangements for paying the tax and is essentially of a technical nature. It does not adversely affect the Communities' own resources provided from VAT, nor does it have any effect on the amount of the tax due at the final stage of consumption. |
| --- | --- |

(8)

The intended measure is designed to solve the problems outlined above by simplifying the arrangements for paying the tax and is essentially of a technical nature. It does not adversely affect the Communities' own resources provided from VAT, nor does it have any effect on the amount of the tax due at the final stage of consumption.

| (9) | As the matter involved is the territory definition for VAT purposes to which there should be no changes, the requested derogation should be granted for an indefinite period, |
| --- | --- |

(9)

As the matter involved is the territory definition for VAT purposes to which there should be no changes, the requested derogation should be granted for an indefinite period,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 3 of Directive 77/388/EEC, France and Italy are hereby authorised to consider the carriageway within the tunnels of Mont Blanc (Monte Bianco) and Fréjus, for their entire length, as part of the territory of the Member State from which any journey using the carriageway starts.

Article 2

Article 1 shall apply to the tunnels' tolls only.

Article 3

This Decision is addressed to the French Republic and the Italian Republic.

Done at Brussels, 7 December 2004.

For the Council

The President

G. ZALM

---

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

1

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/60 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/60

---

COUNCIL DECISION

of 7 December 2004

amending Decision 2001/865/EC authorising the Kingdom of Spain to apply a measure derogating from Article 11 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/854/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

Having regard to the proposal from the Commission,

Whereas:

| (1) | By Decision 2001/865/EC (2) the Council authorised the Kingdom of Spain, by way of derogation from Article 11(A)(1)(a) of Directive 77/388/EEC, to include in the taxable amount of a supply of goods or a supply of services the value of any gold used by the supplier and provided by the recipient in cases where the supply of the gold to the recipient is exempt in accordance with Article 26b of Directive 77/388/EEC. |
| --- | --- |

(1)

By Decision 2001/865/EC (2) the Council authorised the Kingdom of Spain, by way of derogation from Article 11(A)(1)(a) of Directive 77/388/EEC, to include in the taxable amount of a supply of goods or a supply of services the value of any gold used by the supplier and provided by the recipient in cases where the supply of the gold to the recipient is exempt in accordance with Article 26b of Directive 77/388/EEC.

| (2) | The aim of that derogation was to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. |
| --- | --- |

(2)

The aim of that derogation was to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance.

| (3) | By letter registered with the Secretariat-General of the Commission on 4 August 2004, the Spanish Government requested an extension of the validity of Decision 2001/865/EC, which expires on 31 December 2004. |
| --- | --- |

(3)

By letter registered with the Secretariat-General of the Commission on 4 August 2004, the Spanish Government requested an extension of the validity of Decision 2001/865/EC, which expires on 31 December 2004.

| (4) | In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 9 August 2004 of the request made by the Kingdom of Spain. By letter dated 10 August 2004, the Commission notified the Kingdom of Spain that it had all the information it considered necessary for appraisal of the request. |
| --- | --- |

(4)

In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 9 August 2004 of the request made by the Kingdom of Spain. By letter dated 10 August 2004, the Commission notified the Kingdom of Spain that it had all the information it considered necessary for appraisal of the request.

| (5) | According to the Spanish authorities, the derogation authorised by Decision 2001/865/EC has been effective in achieving the aims stated above. |
| --- | --- |

(5)

According to the Spanish authorities, the derogation authorised by Decision 2001/865/EC has been effective in achieving the aims stated above.

| (6) | The derogations pursuant to Article 27 of Directive 77/388/EEC which counter VAT avoidance linked to the exemption for investment gold may be included in a future proposal for a Directive rationalising some of the derogations pursuant to that Article. |
| --- | --- |

(6)

The derogations pursuant to Article 27 of Directive 77/388/EEC which counter VAT avoidance linked to the exemption for investment gold may be included in a future proposal for a Directive rationalising some of the derogations pursuant to that Article.

| (7) | It is therefore necessary to extend the validity of the derogation granted under Decision 2001/865/EC until the entry into force of a Directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which covers the avoidance of value added tax linked to the exemption for investment gold, or until 31 December 2009, whichever is the earlier. |
| --- | --- |

(7)

It is therefore necessary to extend the validity of the derogation granted under Decision 2001/865/EC until the entry into force of a Directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which covers the avoidance of value added tax linked to the exemption for investment gold, or until 31 December 2009, whichever is the earlier.

| (8) | The derogation will have no negative impact on the Community’s own resources provided from VAT, |
| --- | --- |

(8)

The derogation will have no negative impact on the Community’s own resources provided from VAT,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Decision 2001/865/EC shall be replaced by the following:

‘Article 2

The authorisation granted under Article 1 shall expire on the date of entry into force of a directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which counter avoidance of value added tax linked to the exemption for investment gold or on the 31 December 2009, whichever is the earlier.’

Article 2

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 7 December 2004.

For the Council

The President

G. ZALM

---

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

1

(2)  
  OJ L 323, 7.12.2001, p. 24.

2

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/61 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/61

---

COUNCIL DECISION

of 7 December 2004

amending Article 3 of Decision 98/198/EC authorising the United Kingdom to extend application of a measure derogating from Articles 6 and 17 of the Sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/855/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

Having regard to the proposal from the Commission,

Whereas:

| (1) | Pursuant to Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures for derogation from that Directive, in order to simplify the procedure of charging the tax or to prevent certain types of tax evasion or avoidance. |
| --- | --- |

(1)

Pursuant to Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures for derogation from that Directive, in order to simplify the procedure of charging the tax or to prevent certain types of tax evasion or avoidance.

| (2) | By Decisions 95/252/EC (2) and 98/198/EC (3), the Council authorised the United Kingdom to apply a measure derogating from Articles 6 and 17 of Directive 77/388/EEC. |
| --- | --- |

(2)

By Decisions 95/252/EC (2) and 98/198/EC (3), the Council authorised the United Kingdom to apply a measure derogating from Articles 6 and 17 of Directive 77/388/EEC.

| (3) | By letter registered with the Commission's Secretariat-General on 14 June 2004, and subsequently circulated to all Member States on 7 July 2004, the United Kingdom Government has requested an extension of the abovementioned derogation. |
| --- | --- |

(3)

By letter registered with the Commission's Secretariat-General on 14 June 2004, and subsequently circulated to all Member States on 7 July 2004, the United Kingdom Government has requested an extension of the abovementioned derogation.

| (4) | The extant derogation allows the United Kingdom to restrict to 50 % the right of the hirer or lessee to deduct input tax on charges for the hire or lease of a business passenger car where the car is also used for private purposes. It also allows the United Kingdom not to treat as supplies of services for consideration the private use of a car hired or leased by a taxable person for business purposes. The derogation removes the need for the hirer/lessee to keep records of private mileage travelled in business cars and to account for tax on the actual private mileage of each car. It is therefore a simplification measure but also limits the scope for abuse through incorrect record keeping. |
| --- | --- |

(4)

The extant derogation allows the United Kingdom to restrict to 50 % the right of the hirer or lessee to deduct input tax on charges for the hire or lease of a business passenger car where the car is also used for private purposes. It also allows the United Kingdom not to treat as supplies of services for consideration the private use of a car hired or leased by a taxable person for business purposes. The derogation removes the need for the hirer/lessee to keep records of private mileage travelled in business cars and to account for tax on the actual private mileage of each car. It is therefore a simplification measure but also limits the scope for abuse through incorrect record keeping.

| (5) | The legal and factual circumstances which justified granting authorisation to apply the original derogation have not changed and are therefore still relevant. |
| --- | --- |

(5)

The legal and factual circumstances which justified granting authorisation to apply the original derogation have not changed and are therefore still relevant.

| (6) | In the light of Commission proposals to amend Directive 77/388/EEC with regard to restrictions on the right to deduct VAT, it is appropriate to extend the period of the authorisation until such relevant amendments come into force. However, this authorisation will expire on 31 December 2007 at the latest if no such amendments have entered into force by that date, enabling an assessment to be made at that time of the necessity for a derogation in the light of further discussions of the proposals held in the Council. |
| --- | --- |

(6)

In the light of Commission proposals to amend Directive 77/388/EEC with regard to restrictions on the right to deduct VAT, it is appropriate to extend the period of the authorisation until such relevant amendments come into force. However, this authorisation will expire on 31 December 2007 at the latest if no such amendments have entered into force by that date, enabling an assessment to be made at that time of the necessity for a derogation in the light of further discussions of the proposals held in the Council.

| (7) | An extension will have no impact on the European Communities' own resources accruing from value added tax, |
| --- | --- |

(7)

An extension will have no impact on the European Communities' own resources accruing from value added tax,

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 98/198/EC shall be replaced by the following:

‘Article 3

This authorisation shall expire on the date of entry into force of Community rules determining what expenditure relating to motorised road vehicles is not to be eligible for full deduction of value added tax, but on 31 December 2007 at the latest.’

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 7 December 2004.

For the Council

The President

G. ZALM

---

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

1

(2)  
  OJ L 159, 11.7.1995, p. 19.

2

(3)  
  OJ L 76, 13.3.1998 p. 31. Decision as last amended by Decision 2003/909/EC (OJ L 342, 30.12.2003, p. 49).

3

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/63 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/63

---

COUNCIL DECISION

of 7 December 2004

amending Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/856/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

Having regard to the proposal from the Commission,

Whereas:

| (1) | By Decision 2000/746/EC (2), the Council authorised the French Republic, by way of derogation from Article 11(A)(1)(a) of Directive 77/388/EEC, to include in the taxable amount of a supply of goods or a supply of services the value of any gold used by the supplier and provided by the recipient in cases where the supply of the gold to the recipient is exempt in accordance with Article 26b of Directive 77/388/EEC. |
| --- | --- |

(1)

By Decision 2000/746/EC (2), the Council authorised the French Republic, by way of derogation from Article 11(A)(1)(a) of Directive 77/388/EEC, to include in the taxable amount of a supply of goods or a supply of services the value of any gold used by the supplier and provided by the recipient in cases where the supply of the gold to the recipient is exempt in accordance with Article 26b of Directive 77/388/EEC.

| (2) | The aim of that derogation was to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. |
| --- | --- |

(2)

The aim of that derogation was to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance.

| (3) | By letter registered with the Secretariat-General of the Commission on 6 July 2004, the French Government requested an extension of Decision 2000/746/EC, which expires on 31 December 2004. |
| --- | --- |

(3)

By letter registered with the Secretariat-General of the Commission on 6 July 2004, the French Government requested an extension of Decision 2000/746/EC, which expires on 31 December 2004.

| (4) | In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 10 August 2004 of the request made by the French Republic and notified the French Republic that it had all the information it considered necessary for appraisal of the request. |
| --- | --- |

(4)

In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 10 August 2004 of the request made by the French Republic and notified the French Republic that it had all the information it considered necessary for appraisal of the request.

| (5) | According to the French authorities, the derogation authorised by Decision 2000/746/EC has been effective in achieving the aims stated above. |
| --- | --- |

(5)

According to the French authorities, the derogation authorised by Decision 2000/746/EC has been effective in achieving the aims stated above.

| (6) | The derogations pursuant to Article 27 of Directive 77/388/EEC which counter VAT avoidance linked to the exemption for investment gold may be included in a future proposal for a directive rationalising some of the derogations pursuant to that Article. |
| --- | --- |

(6)

The derogations pursuant to Article 27 of Directive 77/388/EEC which counter VAT avoidance linked to the exemption for investment gold may be included in a future proposal for a directive rationalising some of the derogations pursuant to that Article.

| (7) | It is therefore necessary to extend the validity of the derogation granted under Decision 2000/746/EC until the entry into force of a directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which covers the avoidance of value added tax linked to the exemption for investment gold or until 31 December 2009, whichever is the earlier. |
| --- | --- |

(7)

It is therefore necessary to extend the validity of the derogation granted under Decision 2000/746/EC until the entry into force of a directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which covers the avoidance of value added tax linked to the exemption for investment gold or until 31 December 2009, whichever is the earlier.

| (8) | The derogation will have no negative impact on the European Communities' own resources provided from VAT, |
| --- | --- |

(8)

The derogation will have no negative impact on the European Communities' own resources provided from VAT,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Decision 2000/746/EC shall be replaced by the following:

‘Article 2

The authorisation granted under Article 1 shall expire on the date of entry into force of a directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which counter avoidance of value added tax linked to the exemption for investment gold or on 31 December 2009, whichever is the earlier.’

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 7 December 2004.

For the Council

The President

G. ZALM

---

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

1

(2)  
  OJ L 302, 1.12.2000, p. 61.

2

---

Commission

| 16.12.2004 | EN | Official Journal of the European Union | L 369/65 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/65

---

COMMISSION DECISION

of 8 December 2004

amending Decision 97/222/EC laying down the list of third countries from which the Member States authorise the importation of meat products

(notified under document number C(2004) 4563)

(Text with EEA relevance)

(2004/857/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), and in particular Articles 3(1) and 16 in conjunction with the first indent of Article 21a(1) thereof,

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and as regards pathogens, to Directive 90/425/EEC (2), and in particular Article 10(2)(a) and (3)(a) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular Article 8(1) and (4) thereof,

Whereas:

| (1) | Commission Decision 97/222/EC (4) establishes a list of third countries or parts of third countries from which the importation of meat products are authorised. |
| --- | --- |

(1)

Commission Decision 97/222/EC (4) establishes a list of third countries or parts of third countries from which the importation of meat products are authorised.

| (2) | To ensure transparency and harmonisation of the codes for certain treatment regimes as laid down in the tables in Part II and III of the Annex to Decision 97/222/EC, it is necessary to amend and clarify some of the footnotes with reference to the origin and provenance of fresh meat. |
| --- | --- |

(2)

To ensure transparency and harmonisation of the codes for certain treatment regimes as laid down in the tables in Part II and III of the Annex to Decision 97/222/EC, it is necessary to amend and clarify some of the footnotes with reference to the origin and provenance of fresh meat.

| (3) | In the description of regionalised territories in Part I of the Annex to Decision 97/222/EC, there are outdated references to legislation that has now been repealed and replaced by new acts. It is therefore necessary to update those references. The corresponding codes of territories and treatment regimes in Part II of the Annex to Decision 97/222/EC should also be updated accordingly. |
| --- | --- |

(3)

In the description of regionalised territories in Part I of the Annex to Decision 97/222/EC, there are outdated references to legislation that has now been repealed and replaced by new acts. It is therefore necessary to update those references. The corresponding codes of territories and treatment regimes in Part II of the Annex to Decision 97/222/EC should also be updated accordingly.

| (4) | Therefore, Part I, II and IV of the Annex to Decision 97/222/EC should be amended accordingly. |
| --- | --- |

(4)

Therefore, Part I, II and IV of the Annex to Decision 97/222/EC should be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 97/222/EC is amended as follows:

| 1. | Part I of the Annex is replaced by the text in Annex I to this Decision; |
| --- | --- |

1.

Part I of the Annex is replaced by the text in Annex I to this Decision;

| 2. | Part II of the Annex is replaced by the text in Annex II to this Decision; |
| --- | --- |

2.

Part II of the Annex is replaced by the text in Annex II to this Decision;

| 3. | Part IV of the Annex is replaced by the text in Annex III to this Decision. |
| --- | --- |

3.

Part IV of the Annex is replaced by the text in Annex III to this Decision.

Article 2

This Decision shall apply from 23 December 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 8 December 2004.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

1

(2)  
  OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commission Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p. 60).

2

(3)  
  OJ L 18, 23.1.2003, p. 11.

3

(4)  
  OJ L 89, 4.4.1997, p. 39. Decision as last amended by Decision 2004/245/EC (OJ L 77, 13.3.2004, p. 62).

4

---

ANNEX I

‘Description of regionalised territories as laid down for the countries listed in parts II and III

| Country | Territory | Description of territory |
| --- | --- | --- |
| Code | Version |
| Argentina | AR | | Whole country |
| AR-1 | 1/2004 | The whole country except the Provinces of Chubut, Santa Cruz and Tierra del Fuego |
| AR-2 | 1/2004 | The Provinces of Chubut, Santa Cruz and Tierra del Fuego |
| Bulgaria | BG | | Whole country |
| BG-1 | — | As described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended) |
| BG-2 | — | As described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended) |
| Brazil | BR | | Whole country |
| BR-1 | — | As described in Annex I to Commission Decision 94/984/EC (2) (as last amended) |
| Serbia and Montenegro | CS | | Whole country as described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended) |
| Malaysia | MY | | Whole country |
| MY-1 | 95/1 | Peninsular (western) Malaysia only’ |

Country

Territory

Description of territory

Code

Version

Argentina

AR

Whole country

AR-1

1/2004

The whole country except the Provinces of Chubut, Santa Cruz and Tierra del Fuego

AR-2

1/2004

The Provinces of Chubut, Santa Cruz and Tierra del Fuego

Bulgaria

BG

Whole country

BG-1

—

As described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended)

BG-2

—

As described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended)

Brazil

BR

Whole country

BR-1

—

As described in Annex I to Commission Decision 94/984/EC (2) (as last amended)

Serbia and Montenegro

CS

Whole country as described in Part I of Annex II to Council Decision 79/542/EEC (1) (as last amended)

Malaysia

MY

Whole country

MY-1

95/1

Peninsular (western) Malaysia only’

---

(1)  
  OJ L 146, 14.6.1976, p. 15.

1

(2)  
  OJ L 378, 31.12.1994, p. 11.

2

---

ANNEX II

‘PART II

Third countries or parts thereof from where meat products are authorised for importation into the European Community

| Code ISO | Country of origin or part thereof | 1. | Domestic bovine |
| --- | --- | --- | --- |

Code ISO

Country of origin or part thereof

1.

Domestic bovine

| 2. | Farmed cloven-hoofed game (excluding swine) |
| --- | --- |

2.

Farmed cloven-hoofed game (excluding swine)

Domestic ovine/caprine

| 1. | Domestic porcine |
| --- | --- |

1.

Domestic porcine

| 2. | Farmed cloven-hoofed game (swine) |
| --- | --- |

2.

Farmed cloven-hoofed game (swine)

Domestic soliped

| 1. | Domestic poultry |
| --- | --- |

1.

Domestic poultry

| 2. | Farmed feathered game |
| --- | --- |

2.

Farmed feathered game

Domestic rabbit and farmed leporidae

Wild cloven hoofed game (excluding swine)

Wild swine

Wild soliped

Wild leporidae (rabbits and hares)

Wild game birds

Wild land mammalian game (excluding ungulates, solipeds and leporidae)

AR

Argentina AR

C

C

C

A

A

A

C

C

XXX

A

D

XXX

Argentina AR-1 (1)

C

C

C

A

A

A

C

C

XXX

A

D

XXX

Argentina AR-2 (1)

A (2)

A (2)

C

A

A

A

C

C

XXX

A

D

XXX

AU

Australia

A

A

A

A

D

A

A

A

XXX

A

D

A

BG

Bulgaria BG

D

D

D

A

D

A

D

D

XXX

A

D

XXX

Bulgaria BG-1

A

A

D

A

D

A

A

D

XXX

A

D

XXX

Bulgaria BG-2

D

D

D

A

D

A

D

D

XXX

A

D

XXX

BH

Bahrain

B

B

B

B

XXX

A

C

C

XXX

A

XXX

XXX

BR

Brazil

C

C

C

A

D

A

C

C

XXX

A

D

XXX

Brazil BR-1

C

C

C

A

A

A

C

C

XXX

A

A

XXX

BW

Botswana

B

B

B

B

XXX

A

B

B

A

A

XXX

XXX

BY

Belarus

C

C

C

B

XXX

A

C

C

XXX

A

XXX

XXX

CA

Canada

A

A

A

A

A

A

A

A

XXX

A

A

A

CH

Switzerland

A

A

A

A

A

A

A

D

XXX

A

A

XXX

CL

Chile

A

A

A

A

A

A

B

B

XXX

A

A

XXX

CN

People’s Republic of China

B

B

B

B

B

A

B

B

XXX

A

B

XXX

CO

Colombia

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

CS

Serbia and Montenegro

A

A

D

A

D

A

D

D

XXX

A

XXX

XXX

ET

Ethiopia

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

GL

Greenland

XXX

XXX

XXX

XXX

XXX

A

XXX

XXX

XXX

A

A

A

HK

Hong Kong

B

B

B

B

D

A

B

B

XXX

A

XXX

XXX

HR

Croatia

A

A

D

A

A

A

A

D

XXX

A

A

XXX

IL

Israel

B

B

B

B

D

A

B

B

XXX

A

D

XXX

IN

India

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

IS

Iceland

B

B

B

A

A

A

B

B

XXX

A

A

XXX

KE

Kenya

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

KR

South Korea

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

MA

Morocco

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

MG

Madagascar

B

B

B

B

D

A

B

B

XXX

A

D

XXX

MK

Former Yugoslav Republic of Macedonia (3)

A

A

B

A

XXX

A

B

B

XXX

A

XXX

XXX

MU

Mauritius

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

MX

Mexico

A

D

D

A

D

A

D

D

XXX

A

D

XXX

MY

Malaysia MY

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

Malaysia MY-1

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

NA

Namibia (1)

B

B

B

B

D

A

B

B

A

A

D

XXX

NZ

New Zealand

A

A

A

A

A

A

A

A

XXX

A

A

A

PY

Paraguay

C

C

C

B

XXX

A

C

C

XXX

A

XXX

XXX

RO

Romania

A

A

D

A

A

A

A

D

XXX

A

A

A

RU

Russia

C

C

C

B

XXX

A

C

C

XXX

A

XXX

A

SG

Singapore

B

B

B

B

D

A

B

B

XXX

A

XXX

XXX

SZ

Swaziland

B

B

B

B

XXX

A

B

B

A

A

XXX

XXX

TH

Thailand

B

B

B

B

A

A

B

B

XXX

A

D

XXX

TN

Tunisia

C

C

B

B

A

A

B

B

XXX

A

D

XXX

TR

Turkey

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

UA

Ukraine

XXX

XXX

XXX

XXX

XXX

A

XXX

XXX

XXX

A

XXX

XXX

US

United States of America

A

A

A

A

A

A

A

A

XXX

A

A

XXX

UY

Uruguay

C

C

B

A

D

A

XXX

XXX

XXX

A

D

XXX

ZA

South Africa (1)

C

C

C

A

D

A

C

C

A

A

D

XXX

ZW

Zimbabwe (1)

C

C

B

A

D

A

B

B

XXX

A

D

XXX’

XXX: Meat products containing meat of these species are not authorised.

---

(1)  See Part III of the present Annex for minimum treatment requirements applicable to pasteurised meat products and biltong.

1

(2)  For meat products prepared from fresh meat obtained from animals slaughtered after 1 March 2002.

2

(3)  Former Yugoslav Republic of Macedonia: provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

3

---

ANNEX III

‘PART IV

Interpretation of codes used in tables in parts II and III

Non-specific treatment regime:

| A | = | No minimum specified temperature or other treatment is established for animal health purposes for the meat product. However, to qualify as a “meat product”, the meat must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to the export of fresh meat to the European Community. |
| --- | --- | --- |

A

=

No minimum specified temperature or other treatment is established for animal health purposes for the meat product. However, to qualify as a “meat product”, the meat must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to the export of fresh meat to the European Community.

Specific treatment regimes — listed in descending order of severity:

| B = | Treatment in a hermetically sealed container to an Fo value of three or more. |
| --- | --- |
| C = A | Minimum temperature of 80 °C which must be reached throughout the meat during the processing of the meat product. |
| D = A | Minimum temperature of 70 °C which must be reached throughout the meat during the processing of meat products, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:






  — | Aw value of not more than 0,93, |

B =

Treatment in a hermetically sealed container to an Fo value of three or more.

C = A

Minimum temperature of 80 °C which must be reached throughout the meat during the processing of the meat product.

D = A

Minimum temperature of 70 °C which must be reached throughout the meat during the processing of meat products, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:

—

Aw value of not more than 0,93,

| — | pH value of not more than 6,0. |
| --- | --- |

—

pH value of not more than 6,0.

E =

In the case of “biltong”-type products, a treatment to achieve:

| — | Aw value of not more than 0,93, |
| --- | --- |

—

Aw value of not more than 0,93,

| — | pH value of not more than 6,0. |
| --- | --- |

—

pH value of not more than 6,0.

F = A

Heat treatment ensuring that a centre temperature of at least 65 °C is reached for a period of time as necessary to achieve a pasteurisation value (pv) equal to or above 40.’

---

| 16.12.2004 | EN | Official Journal of the European Union | L 369/73 |
| --- | --- | --- | --- |

16.12.2004

EN

Official Journal of the European Union

L 369/73

---

COMMISSION DECISION

of 15 December 2004

setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003

(2004/858/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,

Whereas:

| (1) | Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by the said Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this Decision does not affect the scope of the Regulation. |
| --- | --- |

(1)

Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by the said Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this Decision does not affect the scope of the Regulation.

| (2) | The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies. |
| --- | --- |

(2)

The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.

| (3) | Management of the programme of Community action in the field of public health, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 (2), involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle. |
| --- | --- |

(3)

Management of the programme of Community action in the field of public health, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 (2), involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.

| (4) | The delegation to an executive agency of tasks related to programme implementation is possible, with a clear separation between the project programming stage, which is the task of the Commission, and the project implementation stage, which would be entrusted to the executive agency. |
| --- | --- |

(4)

The delegation to an executive agency of tasks related to programme implementation is possible, with a clear separation between the project programming stage, which is the task of the Commission, and the project implementation stage, which would be entrusted to the executive agency.

| (5) | A cost-benefit study carried out for that purpose showed that the executive agency would be a more economical means of improving the effectiveness of the way in which the public health programme is implemented. Based on the characteristics of this programme, the emphasis is on delegating technical tasks, the main aim being to strengthen the connections between the said Community programme and communities of experts in the Member States. |
| --- | --- |

(5)

A cost-benefit study carried out for that purpose showed that the executive agency would be a more economical means of improving the effectiveness of the way in which the public health programme is implemented. Based on the characteristics of this programme, the emphasis is on delegating technical tasks, the main aim being to strengthen the connections between the said Community programme and communities of experts in the Member States.

| (6) | The agency will have to mobilise high-level expertise in order to meet the objectives defined by the Commission and under its control. The agency will also have to make it possible to optimise the implementation of the programme by facilitating the recruitment of specialists in public health matters. |
| --- | --- |

(6)

The agency will have to mobilise high-level expertise in order to meet the objectives defined by the Commission and under its control. The agency will also have to make it possible to optimise the implementation of the programme by facilitating the recruitment of specialists in public health matters.

| (7) | In addition to its tasks in the long term, the agency will improve flexibility in the implementation of the programme. The agency's annual work programme will ensure that it supports the setting of annual priorities for the implementation of the public health programme, arranged and decided by the Commission following the opinion of the programme committee. |
| --- | --- |

(7)

In addition to its tasks in the long term, the agency will improve flexibility in the implementation of the programme. The agency's annual work programme will ensure that it supports the setting of annual priorities for the implementation of the public health programme, arranged and decided by the Commission following the opinion of the programme committee.

| (8) | Management based on the results obtained by the agency, together with the establishment of the necessary procedures and channels of control and coordination, will make it possible to simplify the ways in which the programme is implemented by the Commission. The Commission will be able to capitalise on the technical work carried out by the agency, by developing, in parallel and in an appropriate manner, tasks which require political discretion. The Commission will also develop tasks relating to the implementation of the programme which it would be inappropriate to entrust to the agency. |
| --- | --- |

(8)

Management based on the results obtained by the agency, together with the establishment of the necessary procedures and channels of control and coordination, will make it possible to simplify the ways in which the programme is implemented by the Commission. The Commission will be able to capitalise on the technical work carried out by the agency, by developing, in parallel and in an appropriate manner, tasks which require political discretion. The Commission will also develop tasks relating to the implementation of the programme which it would be inappropriate to entrust to the agency.

| (9) | Cooperation between the agency and the Commission, and the accomplishment of the agency's specific tasks as regards disseminating information and providing assistance to networks, should help to raise the profile of Community action in the field of public health. |
| --- | --- |

(9)

Cooperation between the agency and the Commission, and the accomplishment of the agency's specific tasks as regards disseminating information and providing assistance to networks, should help to raise the profile of Community action in the field of public health.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Executive Agencies, |
| --- | --- |

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Executive Agencies,

DECIDES:

Article 1

Establishment

1.   An executive agency for the management of the Community programme in the field of public health (the Agency), the statute of which is laid down in Regulation (EC) No 58/2003, is hereby established.

2.   The name of the Agency shall be the ‘Executive Agency for the Public Health Programme’.

Article 2

Location

The Agency shall be located in Luxembourg.

Article 3

Term

The Agency is hereby established for a period beginning on 1 January 2005 and ending on 31 December 2010.

Article 4

Objectives and tasks

1.   Under the Community programme in the field of public health established by Decision No 1786/2002/EC (framework Decision), the Agency is hereby entrusted with implementing the tasks concerning Community aid under the programme, except for programme evaluation, monitoring of legislation, or any other action which could come under the exclusive competence of the Commission. In particular, it is hereby entrusted with the following tasks:

| (a) | managing all the phases in the lifetime of specific projects, in the context of implementing the programme on public health, on the basis of Decision No 1786/2002/EC and of the work plan provided for in that Decision and adopted by the Commission, and the necessary checks to that end, taking the relevant decisions where the Commission has empowered it to do so; |
| --- | --- |

(a)

managing all the phases in the lifetime of specific projects, in the context of implementing the programme on public health, on the basis of Decision No 1786/2002/EC and of the work plan provided for in that Decision and adopted by the Commission, and the necessary checks to that end, taking the relevant decisions where the Commission has empowered it to do so;

| (b) | adopting the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme and, in particular, those linked to the award of contracts and grants; |
| --- | --- |

(b)

adopting the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme and, in particular, those linked to the award of contracts and grants;

| (c) | providing logistical, scientific and technical support, in particular by organising technical meetings (management of expert working groups), preparatory studies, seminars or conferences. |
| --- | --- |

(c)

providing logistical, scientific and technical support, in particular by organising technical meetings (management of expert working groups), preparatory studies, seminars or conferences.

2.   The Commission decision delegating authority to the Agency shall set out in detail all the tasks entrusted to the Agency. It shall be forwarded to the Committee for Executive Agencies by way of information.

Article 5

Organisational structure

1.   The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.

2.   The members of the Steering Committee shall be appointed for two years.

3.   The Director shall be appointed for four years.

Article 6

Grant

The Agency shall receive a grant entered in the general budget of the European Union and taken from the funds allocated to the programme on public health.

Article 7

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible, in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Article 8

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of the standard financial regulation (3).

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Done at Brussels, 15 December 2004.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 11, 16.1.2003, p. 1.

1

(2)  
  OJ L 271, 9.10.2002, p. 1. Decision as last amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

2

(3)  Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ L 297, 22.9.2004, p. 6).

3

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