# Official Journal L 221/22 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 221 |
| | |
| English edition | Legislation | Volume 4722 June 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 221

English edition

Legislation

Volume 4722 June 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1136/2004 of 21 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1137/2004 of 21 June 2004 amending Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union | 3 |
| | * | Commission Regulation (EC) No 1138/2004 of 21 June 2004 establishing a common definition of critical parts of security restricted areas at airports (
  1
  ) | 6 |
| | | Commission Regulation (EC) No 1139/2004 of 21 June 2004 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip | 8 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1136/2004 of 21 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1137/2004 of 21 June 2004 amending Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union

3

*

Commission Regulation (EC) No 1138/2004 of 21 June 2004 establishing a common definition of critical parts of security restricted areas at airports (
  1
  )

1

6

Commission Regulation (EC) No 1139/2004 of 21 June 2004 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

8

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | 2004/515/EC:Council Decision of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina | 10 |
| | * | 2004/516/EC:Council Decision of 14 June 2004 amending Decision 98/20/EC authorising the Kingdom of the Netherlands to apply a measure derogating from Article 21 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes | 17 |
| | | Commission |
| | * | 2004/517/EC:Commission Decision of 21 June 2004 amending Commission Decision 2001/881/EC as regards the list of border inspection posts agreed for veterinary checks on animals and animal products from third countries
  (notified under document number C(2004) 2185)

   (
  1
  ) | 18 |

II   Acts whose publication is not obligatory

Council

*

2004/515/EC:Council Decision of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina

10

*

2004/516/EC:Council Decision of 14 June 2004 amending Decision 98/20/EC authorising the Kingdom of the Netherlands to apply a measure derogating from Article 21 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

17

Commission

*

2004/517/EC:Commission Decision of 21 June 2004 amending Commission Decision 2001/881/EC as regards the list of border inspection posts agreed for veterinary checks on animals and animal products from third countries
  (notified under document number C(2004) 2185)

   (
  1
  )

(notified under document number C(2004) 2185)

1

18

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

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts whose publication is obligatory

| 22.6.2004 | EN | Official Journal of the European Union | L 221/1 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/1

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COMMISSION REGULATION (EC) No 1136/2004

of 21 June 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 22 June 2004.

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

Done at Brussels, 21 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(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 the Commission Regulation of 21 June 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 | 70,4 |
| 999 | 70,4 |
| 0707 00 05 | 052 | 108,0 |
| 999 | 108,0 |
| 0709 90 70 | 052 | 82,2 |
| 999 | 82,2 |
| 0805 50 10 | 388 | 62,6 |
| 508 | 51,4 |
| 528 | 54,2 |
| 999 | 56,1 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 76,9 |
| 400 | 112,2 |
| 404 | 82,4 |
| 508 | 65,3 |
| 512 | 78,3 |
| 524 | 65,1 |
| 528 | 70,4 |
| 720 | 50,4 |
| 804 | 88,1 |
| 999 | 76,6 |
| 0809 10 00 | 052 | 261,8 |
| 624 | 203,0 |
| 999 | 232,4 |
| 0809 20 95 | 052 | 405,9 |
| 068 | 152,5 |
| 400 | 373,9 |
| 616 | 272,4 |
| 999 | 301,2 |
| 0809 30 10 , 0809 30 90 | 052 | 135,3 |
| 624 | 153,5 |
| 999 | 144,4 |
| 0809 40 05 | 052 | 102,5 |
| 624 | 210,5 |
| 999 | 156,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

70,4

999

70,4

0707 00 05

052

108,0

999

108,0

0709 90 70

052

82,2

999

82,2

0805 50 10

388

62,6

508

51,4

528

54,2

999

56,1

0808 10 20 , 0808 10 50 , 0808 10 90

388

76,9

400

112,2

404

82,4

508

65,3

512

78,3

524

65,1

528

70,4

720

50,4

804

88,1

999

76,6

0809 10 00

052

261,8

624

203,0

999

232,4

0809 20 95

052

405,9

068

152,5

400

373,9

616

272,4

999

301,2

0809 30 10 , 0809 30 90

052

135,3

624

153,5

999

144,4

0809 40 05

052

102,5

624

210,5

999

156,5

---

(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’.

---

| 22.6.2004 | EN | Official Journal of the European Union | L 221/3 |
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22.6.2004

EN

Official Journal of the European Union

L 221/3

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COMMISSION REGULATION (EC) No 1137/2004

of 21 June 2004

amending Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima) (1), and in particular Article 5(3) thereof,

Whereas:

| (1) | Annex IV to Commission Regulation (EC) No 43/2003 (2) laid down the amounts and maximum quantities applicable to aid for the local marketing of products referred to in Article 5(1) of Regulation (EC) No 1453/2001. |
| --- | --- |

(1)

Annex IV to Commission Regulation (EC) No 43/2003 (2) laid down the amounts and maximum quantities applicable to aid for the local marketing of products referred to in Article 5(1) of Regulation (EC) No 1453/2001.

| (2) | Implementation of this measure in 2003 showed that the use made of the maximum quantities varies widely among products. It was noted that the quantities set for some products are systematically under-used, while applications for other products exceed the maximum quantities, resulting in a reduction coefficient being applied. It would seem justified, therefore, to redistribute the quantities among products in such a way as to follow the trends observed and adjust the amounts of aid for certain products, in accordance with the experience gained and results recorded, in order to make better use of resources. |
| --- | --- |

(2)

Implementation of this measure in 2003 showed that the use made of the maximum quantities varies widely among products. It was noted that the quantities set for some products are systematically under-used, while applications for other products exceed the maximum quantities, resulting in a reduction coefficient being applied. It would seem justified, therefore, to redistribute the quantities among products in such a way as to follow the trends observed and adjust the amounts of aid for certain products, in accordance with the experience gained and results recorded, in order to make better use of resources.

| (3) | Regulation (EC) No 43/2003 should be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 43/2003 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of all the management committees for the products concerned, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of all the management committees for the products concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 43/2003 is hereby replaced by the Annex to this Regulation.

Article 2

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

It shall apply:

| (a) | as regards the quantities laid down in column III of the new Annex IV, from 1 January 2004; |
| --- | --- |

(a)

as regards the quantities laid down in column III of the new Annex IV, from 1 January 2004;

| (b) | as regards the amounts of aid laid down in columns IV and V of the new Annex IV, to contracts concluded after its entry into force. |
| --- | --- |

(b)

as regards the amounts of aid laid down in columns IV and V of the new Annex IV, to contracts concluded after its entry into force.

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

Done at Brussels, 21 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regulation (EC) No 55/2004 (OJ L 8, 14.1.2004, p. 1).

1

(2)  
  OJ L 7, 11.1.2003, p. 25. Regulation as last amended by Regulation (EC) No 1812/2003 (OJ L 265, 16.10.2003, p. 21).

2

---

ANNEX

‘ANNEX IV

MADEIRA

(Products as referred to in Article 5 of Regulation (EC) No 1453/2001)

Maximum quantities as referred to in the fourth subparagraph of Article 5(1) of Regulation (EC) No 1453/2001 per period from 1 January to 31 December.

FRUIT AND VEGETABLES

| Column I | Column II | Column III | Column IV | Column V |
| --- | --- | --- | --- | --- |
| Product categories | CN Code | Product | Quantities
  (tonnes) | Aid
  (EUR/t) |
| A | ex 0703 10 19 | Other onions | 1 500 | 100 | 200 |
| ex 0706 10 00 | Carrots |
| ex 0706 10 00 | Turnips |
| ex 0706 90 90 | Other |
| ex 0714 20 | Sweet potatoes |
| ex 0714 90 90 | Yams |
| 0807 11 | Water melons |
| B | ex 0703 90 00 | Leeks | 700 | 125 | 250 |
| ex 0704 90 90 | Other cabbages |
| ex 0706 90 90 | Beetroot |
| ex 0708 90 00 | Broad beans |
| 0709 90 60 | Sweetcorn |
| 0709 | Other vegetables not mentioned elsewhere |
| 0805 10 | Oranges |
| 0805 50 10 | Lemons |
| 0808 10 | Apples |
| 0808 20 50 | Pears |
| ex 0809 30 | Peaches |
| 0809 40 05 | Plums |
| 0810 | Other non-tropical fruit not mentioned elsewhere |
| C | 0702 00 00 | Tomatoes | 1 250 | 150 | 300 |
| 0704 10 00 | Cauliflowers and broccoli |
| ex 0705 | Lettuces |
| 0707 00 05 | Cucumbers |
| 0708 10 00 | Peas |
| 0709 90 10 | Salad vegetables |
| 0709 90 70 | Courgettes |
| ex 0709 90 90 | Other fruit and vegetables |
| ex 0802 40 00 | Chestnuts |
| 0804 30 00 | Pineapples |
| ex 0804 40 00 | Avocados |
| ex 0804 50 00 | Guavas |
| ex 0805 20 50 | Mandarins |
| 0809 10 00 | Apricots |
| 0810 50 00 | Kiwis |
| 0703 20 00 | Garlic |
| 0708 20 00 | Beans |
| ex 0709 60 10 | Sweet peppers |
| ex 0709 90 90 | Other fruit and vegetables not mentioned elsewhere |
| 0802 31 00 | Walnuts in shell |
| ex 0804 50 00 | Mangoes |
| 0805 20 70 | Tangerines |
| 0806 10 10 | Fresh table grapes |
| 0807 20 00 | Papayas |
| 0809 20 95 | Cherries |
| 0810 10 00 | Strawberries |
| ex 0810 90 40 | Passion fruit |
| ex 0810 90 95 | Other tropical fruit |
| D | 0701 90 | Potatoes | 10 000 | 80 | 240 |

Column I

Column II

Column III

Column IV

Column V

Product categories

CN Code

Product

Quantities

(tonnes)

Aid

(EUR/t)

A

ex 0703 10 19

Other onions

1 500

100

200

ex 0706 10 00

Carrots

ex 0706 10 00

Turnips

ex 0706 90 90

Other

ex 0714 20

Sweet potatoes

ex 0714 90 90

Yams

0807 11

Water melons

B

ex 0703 90 00

Leeks

700

125

250

ex 0704 90 90

Other cabbages

ex 0706 90 90

Beetroot

ex 0708 90 00

Broad beans

0709 90 60

Sweetcorn

0709

Other vegetables not mentioned elsewhere

0805 10

Oranges

0805 50 10

Lemons

0808 10

Apples

0808 20 50

Pears

ex 0809 30

Peaches

0809 40 05

Plums

0810

Other non-tropical fruit not mentioned elsewhere

C

0702 00 00

Tomatoes

1 250

150

300

0704 10 00

Cauliflowers and broccoli

ex 0705

Lettuces

0707 00 05

Cucumbers

0708 10 00

Peas

0709 90 10

Salad vegetables

0709 90 70

Courgettes

ex 0709 90 90

Other fruit and vegetables

ex 0802 40 00

Chestnuts

0804 30 00

Pineapples

ex 0804 40 00

Avocados

ex 0804 50 00

Guavas

ex 0805 20 50

Mandarins

0809 10 00

Apricots

0810 50 00

Kiwis

0703 20 00

Garlic

0708 20 00

Beans

ex 0709 60 10

Sweet peppers

ex 0709 90 90

Other fruit and vegetables not mentioned elsewhere

0802 31 00

Walnuts in shell

ex 0804 50 00

Mangoes

0805 20 70

Tangerines

0806 10 10

Fresh table grapes

0807 20 00

Papayas

0809 20 95

Cherries

0810 10 00

Strawberries

ex 0810 90 40

Passion fruit

ex 0810 90 95

Other tropical fruit

D

0701 90

Potatoes

10 000

80

240

FRESH CUT FLOWERS

| Column I | Column II | Column III | Column IV | Column V |
| --- | --- | --- | --- | --- |
| Product categories | CN Code | Product | Quantities
  (units) | Aid
  (EUR/1 000 units) | Aid
  (EUR/1 000 units) |
| A | 0603 10 10 | Roses | 2 000 000 | 50 | 100 |
| 0603 10 20 | Carnations |
| 0603 10 40 | Gladioli |
| 0603 10 50 | Chrysanthemums |
| 0603 10 80 | Other (fresh) |
| 0603 90 00 | Other (not fresh) |
| 0604 00 00 | Foliage |
| B | 0603 10 80 | Proteas | 300 000 | 120 | 240 |
| C | 0603 10 30 | Orchids | 900 000 | 140 | 280 |
| 0603 10 80 | Anthuriums |
| 0603 10 80 | Strelitzias and Heliconias |
| D | 0601 10 00 | Bulbs | 20 000 | 50 | 100 |
| 0601 20 00 | Bulbs |

Column I

Column II

Column III

Column IV

Column V

Product categories

CN Code

Product

Quantities

(units)

Aid

(EUR/1 000 units)

Aid

(EUR/1 000 units)

A

0603 10 10

Roses

2 000 000

50

100

0603 10 20

Carnations

0603 10 40

Gladioli

0603 10 50

Chrysanthemums

0603 10 80

Other (fresh)

0603 90 00

Other (not fresh)

0604 00 00

Foliage

B

0603 10 80

Proteas

300 000

120

240

C

0603 10 30

Orchids

900 000

140

280

0603 10 80

Anthuriums

0603 10 80

Strelitzias and Heliconias

D

0601 10 00

Bulbs

20 000

50

100

0601 20 00

Bulbs

---

| 22.6.2004 | EN | Official Journal of the European Union | L 221/6 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/6

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COMMISSION REGULATION (EC) No 1138/2004

of 21 June 2004

establishing a common definition of critical parts of security restricted areas at airports

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1), and in particular Article 4(2) thereof and point 2.3(a) of the Annex thereto,

Whereas:

| (1) | Pursuant to Regulation (EC) No 2320/2002 the Commission is required to establish a common definition of the critical parts of security restricted areas. Such a definition should cover at least those parts of an airport to which departing passengers, after screening, have access and those parts through which departing hold baggage, after screening, may pass or in which it may be held. |
| --- | --- |

(1)

Pursuant to Regulation (EC) No 2320/2002 the Commission is required to establish a common definition of the critical parts of security restricted areas. Such a definition should cover at least those parts of an airport to which departing passengers, after screening, have access and those parts through which departing hold baggage, after screening, may pass or in which it may be held.

| (2) | All staff, including flight crews, and the items they carry, should be screened before being allowed access to the critical parts of security restricted areas. |
| --- | --- |

(2)

All staff, including flight crews, and the items they carry, should be screened before being allowed access to the critical parts of security restricted areas.

| (3) | An exemption should be allowed for parts of an airport through which departing hold baggage, after screening, may pass or in which it may be held, if the baggage, having been secured could be handled by unscreened staff without compromising the level of security. Measures should be taken to ensure that such secured baggage has not been tampered with before being loaded onto an aircraft. |
| --- | --- |

(3)

An exemption should be allowed for parts of an airport through which departing hold baggage, after screening, may pass or in which it may be held, if the baggage, having been secured could be handled by unscreened staff without compromising the level of security. Measures should be taken to ensure that such secured baggage has not been tampered with before being loaded onto an aircraft.

| (4) | At airports where very few staff have access to security restricted areas, a balance should be struck between the need to ensure security and the need to ensure operational effectiveness. |
| --- | --- |

(4)

At airports where very few staff have access to security restricted areas, a balance should be struck between the need to ensure security and the need to ensure operational effectiveness.

| (5) | Unscreened staff should be allowed access into critical parts of security restricted areas of an airport only on condition that they are at all times escorted by screened and authorised staff. |
| --- | --- |

(5)

Unscreened staff should be allowed access into critical parts of security restricted areas of an airport only on condition that they are at all times escorted by screened and authorised staff.

| (6) | Where other unscreened persons may have had access to critical parts of security restricted areas, a full security search should be carried out in order to ensure that critical parts of security restricted areas do not contain prohibited articles. Where critical parts are not continuously maintained as such, then immediately before being re-established as such they should be subjected to a full security search. |
| --- | --- |

(6)

Where other unscreened persons may have had access to critical parts of security restricted areas, a full security search should be carried out in order to ensure that critical parts of security restricted areas do not contain prohibited articles. Where critical parts are not continuously maintained as such, then immediately before being re-established as such they should be subjected to a full security search.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 9(1) of Regulation (EC) No 2320/2002, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 9(1) of Regulation (EC) No 2320/2002,

HAS ADOPTED THIS REGULATION:

Article 1

1.   At airports where more than 40 staff members hold airport identification cards giving access to security restricted areas, the critical parts of security restricted areas shall be at least the following:

| (a) | any part of an airport to which departing passengers, including their cabin baggage, after screening, have access; |
| --- | --- |

(a)

any part of an airport to which departing passengers, including their cabin baggage, after screening, have access;

| (b) | any part of an airport through which, after screening, departing hold baggage may pass or in which it may be held, if the baggage has not been secured. |
| --- | --- |

(b)

any part of an airport through which, after screening, departing hold baggage may pass or in which it may be held, if the baggage has not been secured.

2.   For the purposes of paragraph 1, any part of an airport shall be regarded as a critical part of security restricted areas for as long as:

| (a) | departing passengers, including their cabin baggage, after screening, are present in that part; |
| --- | --- |

(a)

departing passengers, including their cabin baggage, after screening, are present in that part;

| (b) | departing hold baggage, after screening, is passing through or being held in that part, if it has not been secured. |
| --- | --- |

(b)

departing hold baggage, after screening, is passing through or being held in that part, if it has not been secured.

3.   For the purposes of paragraphs 1 and 2, an aircraft, bus, baggage cart or other means of transport or a walkway or jetway shall be regarded as a part of an airport.

Article 2

For the purposes of this Regulation ‘secured baggage’ shall mean screened departing hold baggage physically protected so as to prevent the introduction of any objects.

Article 3

At airports where no more than 40 staff members hold airport identification cards giving access to security restricted areas, Member States may continue to identify the critical parts of security restricted areas in accordance with the second subparagraph of point 2.3(a) of the Annex to Regulation (EC) No 2320/2002.

Article 4

1.   All staff, including flight crews, and the items they carry, shall be screened before being allowed access to the parts referred to in point (a) of Article 1(1) wherever these parts form part of the terminal building.

2.   No later than 1 January 2006, Member States shall have introduced arrangements under which all staff, including flight crews, and the items they carry, shall be screened before being allowed access to the parts referred to in point (a) of Article 1(1).

3.   No later than 1 July 2009, Member States shall have introduced arrangements under which all staff, including flight crews, and the items they carry, shall be screened before being allowed access to the parts referred to in point (b) of Article 1(1).

Article 5

No later than 1 July 2009, where secured baggage is handled by unscreened staff, measures shall be taken to ensure that that baggage has not been tampered with before being loaded onto an aircraft.

Article 6

1.   By way of derogation from Article 4, staff need not be screened before being allowed access to critical parts of security restricted areas provided that they are escorted by a screened and authorised staff member.

The escort shall be responsible for any security breach committed by the staff member being escorted.

2.   By way of derogation from Article 4, screened staff members who temporarily leave critical parts of security restricted areas need not be screened on their return provided that they have been under constant observation sufficient to ensure that they do not introduce prohibited articles into those critical parts of security restricted areas.

Article 7

Without prejudice to Article 6, whenever unscreened persons may have had access to critical parts of security restricted areas, a full security search of those parts shall be carried out.

Article 8

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 21 June 2004.

For the Commission

Loyola DE PALACIO

Vice-President

---

(1)  
  OJ L 355, 30.12.2002, p. 1.

1

---

| 22.6.2004 | EN | Official Journal of the European Union | L 221/8 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/8

---

COMMISSION REGULATION (EC) No 1139/2004

of 21 June 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 22 June 2004.

It shall apply from 23 June to 6 July 2004.

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

Done at Brussels, 21 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

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

1

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

2

---

ANNEX

to the Commission Regulation of 21 June 2004 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

| (EUR/100 pieces) |
| --- |
| Period: from 23 June to 6 July 2004 |
| Community producer price | Uniflorous (bloom)
  carnations | Multiflorous (spray)
  carnations | Large-flowered roses | Small-flowered roses |
| | 13,25 | 10,57 | 24,21 | 13,20 |

(EUR/100 pieces)

Period: from 23 June to 6 July 2004

Community producer price

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

13,25

10,57

24,21

13,20

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

Community import prices

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

Israel

—

—

—

—

Morocco

—

—

—

—

Cyprus

—

—

—

—

Jordan

—

—

—

—

West Bank and Gaza Strip

—

—

—

—

---

II Acts whose publication is not obligatory

Council

| 22.6.2004 | EN | Official Journal of the European Union | L 221/10 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/10

---

COUNCIL DECISION

of 14 June 2004

on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina

(2004/515/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European Partnerships in the framework of the stabilisation and association process (1) and in particular to Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | The Thessaloniki European Council of 19 and 20 June 2003 endorsed the ‘Thessaloniki Agenda for the western Balkans: moving towards European integration’ where the drawing up of European partnerships is mentioned as one of the means to intensify the stabilisation and association process. |
| --- | --- |

(1)

The Thessaloniki European Council of 19 and 20 June 2003 endorsed the ‘Thessaloniki Agenda for the western Balkans: moving towards European integration’ where the drawing up of European partnerships is mentioned as one of the means to intensify the stabilisation and association process.

| (2) | Regulation (EC) No 533/2004 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments. It also states that the follow up of the implementation of the European Partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably the Annual Reports. |
| --- | --- |

(2)

Regulation (EC) No 533/2004 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments. It also states that the follow up of the implementation of the European Partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably the Annual Reports.

| (3) | The Commission's 2003 Feasibility Study and 2004 Annual Report present an analysis of Bosnia and Herzegovina's preparations for further integration into the European Union and identify a number of priority areas for further work. |
| --- | --- |

(3)

The Commission's 2003 Feasibility Study and 2004 Annual Report present an analysis of Bosnia and Herzegovina's preparations for further integration into the European Union and identify a number of priority areas for further work.

| (4) | In order to prepare for further integration into the European Union, Bosnia and Herzegovina should develop a plan with a timetable and details in terms of measures Bosnia and Herzegovina intends to take to this end, |
| --- | --- |

(4)

In order to prepare for further integration into the European Union, Bosnia and Herzegovina should develop a plan with a timetable and details in terms of measures Bosnia and Herzegovina intends to take to this end,

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Bosnia and Herzegovina are set out in the annex hereto, which forms an integral part of this Decision.

Article 2

The implementation of the European Partnership shall be examined through the mechanisms established under the stabilisation and association process.

Article 3

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Luxembourg, 14 June 2004.

For the Council

The President

B. COWEN

---

(1)  
  OJ L 86, 24.3.2004, p. 1.

1

---

ANNEX

1.   INTRODUCTION

The Thessaloniki Agenda identifies ways and means of intensifying the stabilisation and association process (SAP), inter alia, through the introduction of European Partnerships.

Based on the Commission's Annual Report, the purpose of the European Partnership with Bosnia and Herzegovina (BiH) is to identify priorities for action in order to support efforts to move closer to the European Union within a coherent framework. The priorities are adapted to BiH's specific needs and stage of preparation and will be updated as necessary. The priorities also take into account related policy commitments made by the BiH authorities including the mid term development strategy. The European Partnership also provides guidance for financial assistance to BiH.

It is expected that BiH will adopt a plan including a timetable and details in terms of how they intend to address the European Partnership priorities. The plan should also indicate ways to pursue the Thessaloniki agenda, the priorities on fighting organised crime and corruption identified at the 2002 London Conference and at the Ministerial meeting held in Brussels on 28 November 2003 in the framework of the EU-western Balkans Forum and the measures presented by each of the western Balkan countries at the meeting of 5 November 2003 in Belgrade as a follow-up to the Ohrid Conference on integrated border management.

2.   PRINCIPLES

The SAP remains the framework for the European course of the western Balkan countries, all the way to their future accession.

The main priorities identified for BiH relate to its capacity to meet the criteria set by the Copenhagen European Council of 1993 and the conditions set for the SAP, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb summit of 24 November 2000 and the Thessaloniki agenda.

3.   PRIORITIES

The Commission's Annual Report assesses progress made and notes areas where the country needs to increase its efforts. The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that BiH can complete them or take them substantially forward over the next years. A distinction is made between short term priorities, which are expected to be accomplished within one or two years, and medium term priorities, which are expected to be accomplished within three to four years.

The European Partnership indicates the main priority areas for BiH's preparations for further integration into the European Union, based on the analysis in the Feasibility Study and the 2004 Annual Report.

It should be recalled that where legislative approximation is concerned, incorporation of the EU acquis into legislation is not in itself sufficient; it will also be necessary to prepare its full implementation.

3.1.   SHORT TERM

Political situation

Democracy and rule of law

Prepare elections— BiH should assume full organisational and financial responsibility for the 2004 municipal elections.

More effective governance— Implement the Law on the Council of Ministers and the Law on Ministries. Convene meetings of the Council of Ministers and of Parliament with sufficient regularity to tackle government business expeditiously. Ensure that new State ministries and institutions created by the 2002 Law on the Council of Ministers become properly operational. Implement fully the 2003 and 2004 ‘Action Plan for Priority Reforms’ and establish for 2004 (and following years) a consolidated State level government work plan matching policy priorities with budgetary resources (Feasibility Study recommendation).

Follow up security sector reforms— Implement the Law on Defence. Adopt and begin to implement the Law on the Intelligence and Security Agency.

More effective public administration— Make further effort towards creating an effective public administration, including developing a comprehensive and cost estimated Action Plan for public administration reform with a clear distribution of competences (for example in the areas of police and health). Fund and cooperate with the Civil Service Agencies at State and Entity levels (Feasibility Study recommendation).

Effective judiciary— Adopt legislation establishing a single High Judicial and Prosecutorial Council for BiH with the aim of consolidating appointment authority over the Entity judiciaries and strengthening the independence of the judiciary throughout BiH. Provide appropriate staff and funding for the State Court (Feasibility Study recommendation).

Human rights and protection of minorities

Effective human rights provisions— Adopt and bring into force outstanding legislation supporting refugee returns. In particular, introduce, adopt and implement legislation on the BiH Refugee Return Fund. Complete the transfer of the human rights bodies to BiH control. Ensure that unresolved cases of the Human Rights Chamber are dealt with and that the Chamber's responsibilities are transferred to the Constitutional Court. Provide adequate funding for the Court. Assume full national responsibility for the State Ombudsman and make progress on the merger of the State and Entity Ombudsmen (Feasibility Study recommendation).

Regional and international cooperation

Comply with existing conditionality and international obligations— Fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY), particularly on the part of Republica Srpska, notably in bringing indicted war criminals to justice before the ICTY. Complete outstanding road map steps. Comply with the Dayton Paris Peace Accords. Take steps to implement BiH's Council of Europe post accession criteria, especially in areas of democracy and human rights (Feasibility Study recommendation).

Economic Situation

Existence of a free market economy and structural reforms

Ensure macro economic stability— Maintain a stable macro economic framework in the context of the International Monetary Fund programme and demonstrate compliance with international financial institution conditionality.

Improve the business environment— Drive forward enterprise privatisation. Adopt and implement reforms identified as part of the ‘Bulldozer Initiative’. Enact legislation on corporate governance.

Reliable statistics— Implement the Law on Statistics, aiming at the creation of a functioning system of statistics with clear lines of responsibility and coordination mechanisms (Feasibility Study recommendation).

Management of public finances

Budget legislation— Adopt and start to implement a budget law covering multi annual budget planning and forecasting and start to elaborate a consolidated government account (Feasibility Study recommendation).

Budget practice— Take steps to record all income accruing to public authorities at different levels of government, including grants and other forms of international assistance (Feasibility Study recommendation).

EU standards

European integration— Ensure the proper and full functioning of the Directorate for European Integration, including its aid coordination capacities (Feasibility Study recommendation).

Internal market and trade

Respect international standards— Ensure the quick, complete and faithful implementation of all negotiated free trade agreements.

Develop the BiH single economic space— Establish the Competition Council. Introduce provisions on the mutual recognition of products in the legal order of BiH and implement a consistent and effective public procurement regime throughout the country. Remove all duplicate licences, permits and similar authorisation requirements to allow service providers (including financial institutions) to operate throughout BiH without having to fulfil unnecessary administrative requirements. Create a single business registration system that is recognised throughout BiH (Feasibility Study recommendation).

Consistent trade policy— Establish a coherent and comprehensive trade policy and revise existing legislation to ensure a consistent policy on free zones. Establish at State level certification and other procedures for the export of animal products and a phytosanitary office that are EU compatible, with a view to promoting exports, but also enhancing standards and the single economic space (Feasibility Study recommendation).

Customs and taxation reform— Proceed with implementation of the recommendations of the Indirect Tax Policy Commission. Ensure parliamentary adoption of the Law on the Indirect Tax Authority, including the adoption of related enabling legislation. Ensure implementation, including the appointment of a Director for the Indirect Tax Authority and the functioning of the new customs authority. Demonstrate progress in preparing the introduction of VAT with a view to beginning on schedule (Feasibility Study recommendation).

Certificates of origin— Ensure the reliability of all BiH certificates of origin.

Sectoral policies

Integrated energy market— Implement Entity Action Plans for the restructuring of the electricity market (Feasibility Study recommendation).

Public broadcasting— Adopt legislation on PBS in line with EU standards and the Dayton–Paris Peace Accords and take steps to ensure the long term viability of a financially and editorially independent single state wide public broadcasting system for BiH, whose constituent broadcasters share a common infrastructure (Feasibility Study recommendation).

Cooperation in justice and home affairs

Tackling crime, especially organised crime— Build up a State level law enforcement capacity by allocating the necessary resources and facilities to ensure the full functioning of the State Information and Protection Agency and the BiH Ministry of Security. Proceed with structural police reform with a view to rationalising police services (Feasibility Study recommendation).

Managing asylum and migration— Ensure the establishment and operation of proper structures dealing with asylum and migration (Feasibility Study recommendation).

Addressing terrorism— Increase international cooperation and implement relevant international conventions on terrorism. Improve cooperation and exchange of information between police and intelligence services within the State and with other states. Prevent the financing and preparation of acts of terrorism.

3.2.   MEDIUM TERM

Political Situation

Democracy and the rule of law

Prepare elections— Assume full organisational and financial responsibility for the 2006 and other elections.

Assume responsibility for government— Work towards full national responsibility for policy formulation, strategic planning and decision making. All State-level ministries should be adequately financed and operational plans in place for institutions required by a future Stabilisation and Association Agreement and further European integration. Ensure proper policy making coordination between all levels of government.

Further improve the functioning of public administration— Implement the consolidated Action Plan on public administration reform and improve administrative procedures. Improve policy-making and coordination capacities and build a training capacity for civil servants within BiH (including those dealing with European integration issues)

Further strengthen the judicial system— Ensure equal standards of appointment, promotion, discipline and training for judicial and prosecutorial staff throughout BiH. Ensure full BiH responsibility for the BiH State Court, the Prosecutor's Office and the High Judicial and Prosecutorial Council in terms of finance, administration and personnel.

Advance police reform— Implement recommendations of functional and strategic reviews of the police sector and ensure cooperation among law enforcement agencies

Improve the fight against corruption and organised crime— Make progress in combating corruption and demonstrate compliance with relevant international commitments. Adopt and implement an anti-corruption strategy, ensure effective implementation of the law on conflict of interests and enhance capacity to investigate and prosecute corruption. Facilitate the placement of liaison officers, seconded by EU Member States in the relevant State bodies involved in the fight against organised crime. Provide six monthly reports to the EU on tangible results achieved in the judicial pursuit of organised crime related activities under the terms of the United Nations Convention on transnational organised crime, known as the Palermo Convention.

Human rights and the protection of minorities

Ensure respect of human rights— Ensure a level of human rights protection comparable to or better than that achieved under international supervision and demonstrate effective protection of minority rights, including those of Roma. Ensure comprehensive implementation of the Law on the Rights of National Minorities.

Complete refugee returns— Complete the refugee return process, facilitating refugees' economic and social reintegration.

Consolidate the office of the Ombudsman— Complete the merger of State and Entity Ombudsmen and ensure the functioning of the new institution.

Regional and international cooperation

Ensure effective prosecution of war crimes— Demonstrate success in apprehending ICTY indictees and in dismantling networks supporting indicted war criminals. Ensure continuous availability to ICTY of all documentation, materials and witnesses relevant to ongoing investigations and/or prosecutions. Assume administrative and financial responsibility for the War Crimes Chamber of the State Court.

Continue regional cooperation— Work to find solutions to outstanding bilateral border issues with neighbouring countries.

Implement international commitments— Comply with Thessaloniki commitments in terms of cooperation in matters of justice and home affairs, trade, energy, transport and environment.

Economic situation

Existence of a free market economy and structural reforms

Promote further structural reform— Further improve corporate governance, reduce labour rigidities and ensure that commercial courts implement bankruptcy legislation. Allow the market to operate by reducing government interference and lowering the ratio between government expenditure and GDP.

Facilitate business, in particular small and medium sized enterprise (SME) development— Further develop coordination on SME policy and continue to implement the principles of the European Charter for Small Enterprises.

Further develop State level capacities in statistics— Elaborate and implement a multi annual activity plan for statistics and produce regular, sound estimates of nominal and real GDP, including coherent data on (un)employment, inflation, balance of payments, wages and industrial production. Ensure cooperation with Eurostat.

Management of public finances

Ensure the operation of a consolidated government account— Continue to reinforce the medium term economic framework process for all budgetary users. Ensure transparent budget execution and regular financial reporting.

Develop capacities in economic planning— Continue to reinforce the medium-term economic framework process for all budgetary users. Ensure transparent budget execution and regular financial reporting.

Further reinforce budget preparation— Incorporate (currently) off-budget resources into budgets and maintain reasonable budgeting based on realistic revenue projections. Strengthen budget preparation processes in all ministries

Deal with domestic debt— Enforce the comprehensive plan on domestic debt agreed with the IMF.

EU standards

European integration— Implement a European integration strategy. Develop the capacity for progressive legal harmonisation with the EU acquis and expand BiH's role in Community Assistance for Reconstruction, Development and Stabilisation (CARDS) programming and implementation with the long-term aim of allowing the decentralisation of assistance.

Internal market and trade

Single market and business— Demonstrate the effective functioning of the Competition Council and the Entity Offices for Competition and Consumer Protection. Further strengthen the implementation of a consistent and effective public procurement regime, including the functioning of the Public Procurement Agency and the Procurement Review body. Continue to ensure the free movement of goods and services within BiH. Ensure the full functioning of the institutes for standards, metrology and intellectual property and facilitate links/information flows with public/private enterprises. Ensure consistent implementation of related legislation (especially on intellectual property).

Trade management capacity— Reinforce policy planning and negotiation capacities in the Ministry of Foreign Trade and Economic Relations.

Trade standards— Further develop the capacity of the State Veterinary Office and ensure the full functioning of the Phytosanitary Office with a view to reaching EU standards. Create a regulatory environment for technical standards, intellectual and industrial property rights in line with EU standards.

Customs and taxation— Demonstrate that free zones are being managed in a manner compatible with the EU acquis. Complete the customs merger and ensure full implementation of the customs reform plan. Develop the ITA Governing Board into a Fiscal Council with a policy-setting capacity. Further strengthen administrative capacity for both customs and taxation. Monitor the implementation of State-level VAT and continue to develop collection and control strategies to reduce progressively the level of tax fraud for both direct and indirect taxation.

Sectoral policies

Public broadcasting— Fully implement a system-wide restructuring and modernisation plan that fully accords with the Prime Minister's Agreement Maintain the independence of the Communications Regulatory Agency.

Integrated energy market— Ensure harmonisation of the regulatory environment for energy and the establishment of a single State regulatory body, including the implementation of the law on the formation of ISO and TRANSCO. Implement the commitments in the 2003 Athens Memorandum of Understanding.

Environment— Strengthen State-level capacity in the field of environment by ensuring the full functioning of a State Environment Agency.

Cooperation in justice and home affairs

Border management— Implement international commitments made at the May 2003 Ohrid Conference on security and border management and the measures presented at the EU–Western Balkans ministerial forum on JHA of November 2003. Endorse and implement an Integrated Border Management Strategy. Facilitate regional cooperation and trade by improving border management and transport facilities. Further develop cooperation between the State Border Service, the customs service, the police and the Prosecutor's Office to interdict and prosecute trafficking and other cross-border crime. Further implement the national anti-trafficking plan. Improve the administrative capacity of the visa issuing regime, particularly the checking of visa applications.

Organised crime— Demonstrate full implementation of all measures agreed in the Action Plan against Organised Crime presented at the Brussels JHA ministerial meeting of November 2003. Cooperate in an adequate manner with the International Community, including the European Union Police Mission, in security matters.

Migration and asylum— Consistently enforce the Law on the Movement and Stay of Aliens and Asylum. Demonstrate effective national management of asylum and migration policies and monitor and report on operations. Continue to negotiate and conclude readmission agreements.

4.   PROGRAMMING

Community assistance under the stabilisation and association process to the Western Balkan countries will be provided by the relevant financial instruments, and in particular by Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (1); accordingly, this Decision will have no financial implications. In addition, BiH will have access to funding from multi-country and horizontal programmes. The Commission is working with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitate the co-financing of projects relating to the SAP.

5.   CONDITIONALITY

Community assistance under the SAP to the Western Balkan countries is conditional on further progress in satisfying the Copenhagen political criteria. Failure to respect these general conditions could lead the Council to take appropriate measures on the basis of Article 5 of Regulation (EC) No 2666/2000.

Community assistance shall also be subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipient's undertaking to carry out democratic, economic and institutional reforms, taking into account the priorities set out in this European Partnership.

6.   MONITORING

The follow up of the European Partnership is ensured through the mechanisms established under the SAP, notably the Annual Report on the SAP.

---

(1)  
  OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation (EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3).

---

| 22.6.2004 | EN | Official Journal of the European Union | L 221/17 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/17

---

COUNCIL DECISION

of 14 June 2004

amending Decision 98/20/EC authorising the Kingdom of the Netherlands to apply a measure derogating from Article 21 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/516/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) | Pursuant to Article 27(1) of the Sixth VAT Directive, 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 for charging the tax or to prevent certain types of tax evasion or avoidance. |
| --- | --- |

(1)

Pursuant to Article 27(1) of the Sixth VAT Directive, 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 for charging the tax or to prevent certain types of tax evasion or avoidance.

| (2) | By letter registered with the Secretariat-General of the Commission on 26 November 2003, the Dutch Government requested the extension of Decision 98/20/EC (2) authorising it to apply special tax measures to the ready-to-wear clothing industry. |
| --- | --- |

(2)

By letter registered with the Secretariat-General of the Commission on 26 November 2003, the Dutch Government requested the extension of Decision 98/20/EC (2) authorising it to apply special tax measures to the ready-to-wear clothing industry.

| (3) | The other Member States were informed of the Netherlands’ request on 14 January 2004. |
| --- | --- |

(3)

The other Member States were informed of the Netherlands’ request on 14 January 2004.

| (4) | Decision 98/20/EC, authorised the Kingdom of the Netherlands to introduce in the ready-to-wear clothing industry a scheme for shifting the subcontractor’s obligation to pay over VAT to the tax authorities from the subcontractor to the clothing firm (the contractor). |
| --- | --- |

(4)

Decision 98/20/EC, authorised the Kingdom of the Netherlands to introduce in the ready-to-wear clothing industry a scheme for shifting the subcontractor’s obligation to pay over VAT to the tax authorities from the subcontractor to the clothing firm (the contractor).

| (5) | These arrangements constitute an effective fraud-prevention measure in a sector in which collecting VAT is rendered awkward by the difficulty of identifying and supervising the activities of subcontractors. |
| --- | --- |

(5)

These arrangements constitute an effective fraud-prevention measure in a sector in which collecting VAT is rendered awkward by the difficulty of identifying and supervising the activities of subcontractors.

| (6) | On 7 June 2000 the Commission published a strategy to improve the operation of the VAT system in the short term, in which it undertook to rationalise the large number of derogations currently in force. In some cases however, this rationalisation could involve extending certain particularly effective derogations to all Member States. The Commission’s communication of 20 October 2003 reiterates this compromise. |
| --- | --- |

(6)

On 7 June 2000 the Commission published a strategy to improve the operation of the VAT system in the short term, in which it undertook to rationalise the large number of derogations currently in force. In some cases however, this rationalisation could involve extending certain particularly effective derogations to all Member States. The Commission’s communication of 20 October 2003 reiterates this compromise.

| (7) | The requested measure is to be considered first and foremost as a measure to prevent certain types of tax evasion in the ready-to-wear clothing industry. |
| --- | --- |

(7)

The requested measure is to be considered first and foremost as a measure to prevent certain types of tax evasion in the ready-to-wear clothing industry.

| (8) | The Kingdom of the Netherlands should be granted an extension for the current derogation until 31 December 2006 . |
| --- | --- |

(8)

The Kingdom of the Netherlands should be granted an extension for the current derogation until 31 December 2006 .

| (9) | The derogation has no adverse impact on the European Communities’ own resources accruing from VAT nor does it affect the amount of VAT charged at the final stage of consumption. |
| --- | --- |

(9)

The derogation has no adverse impact on the European Communities’ own resources accruing from VAT nor does it affect the amount of VAT charged at the final stage of consumption.

| (10) | In order to ensure legal continuity, this Decision should apply as from 1 January 2004, |
| --- | --- |

(10)

In order to ensure legal continuity, this Decision should apply as from 1 January 2004,

HAS ADOPTED THIS DECISION:

Article 1

Decision 98/20/EC is hereby amended as follows:

| — | in Article 1 the date ‘
  31 December 2003
  ’ shall be replaced by ‘
  31 December 2006
  ’. |
| --- | --- |

—

in Article 1 the date ‘
  31 December 2003
  ’ shall be replaced by ‘
  31 December 2006
  ’.

Article 2

This Decision shall apply from 1 January 2004.

Article 3

This Decision is addressed to the Kingdom of the Netherlands.

Done at Luxembourg, 14 June 2004.

For the Council

The President

B. COWEN

---

(1)  
  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/15/EC (OJ L 52, 21.2.2004, p. 61).

1

(2)  
  OJ L 8, 14.1.1998, p. 16. Decision as amended by Decision 2000/435/EC (OJ L 172, 12.7.2000, p. 24).

2

---

Commission

| 22.6.2004 | EN | Official Journal of the European Union | L 221/18 |
| --- | --- | --- | --- |

22.6.2004

EN

Official Journal of the European Union

L 221/18

---

COMMISSION DECISION

of 21 June 2004

amending Commission Decision 2001/881/EC as regards the list of border inspection posts agreed for veterinary checks on animals and animal products from third countries

(notified under document number C(2004) 2185)

(Text with EEA relevance)

(2004/517/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Article 6(2) thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), and in particular Article 6(4) thereof,

Whereas:

| (1) | Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (3), should be updated to take account, in particular, of developments in certain Member States and of Community inspections. |
| --- | --- |

(1)

Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (3), should be updated to take account, in particular, of developments in certain Member States and of Community inspections.

| (2) | At the request of the Slovenian authorities, and following a Community inspection, an additional border inspection post at the port of Koper should be added to the list. |
| --- | --- |

(2)

At the request of the Slovenian authorities, and following a Community inspection, an additional border inspection post at the port of Koper should be added to the list.

| (3) | At the request of the Latvian authorities, and following a Community inspection, an additional border inspection post at Grebneva should be added to the list. |
| --- | --- |

(3)

At the request of the Latvian authorities, and following a Community inspection, an additional border inspection post at Grebneva should be added to the list.

| (4) | Commission Decision 2004/469/EC amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia erroneously withdrew the border inspection post of Munich (München) from the list for Germany, and the opportunity given by the present Decision should be taken for correcting this material error. |
| --- | --- |

(4)

Commission Decision 2004/469/EC amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia erroneously withdrew the border inspection post of Munich (München) from the list for Germany, and the opportunity given by the present Decision should be taken for correcting this material error.

| (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

In the Annex to Decision 2001/881/EC, the following entry is added to the list of border inspection posts for Slovenia:

| 1 | 2 | 3 | 4 | 5 | 6 |
| --- | --- | --- | --- | --- | --- |
| ‘Koper | 2600399 | P | | HC, NHC-T(CH), NHC-NT’ | |

1

2

3

4

5

6

‘Koper

2600399

P

HC, NHC-T(CH), NHC-NT’

Article 2

In the Annex to Decision 2001/881/EC, the following entry is added to the list of border inspection posts for Latvia:

| 1 | 2 | 3 | 4 | 5 | 6 |
| --- | --- | --- | --- | --- | --- |
| ‘Grebneva | 2972199 | R | | HC-T, NHC-T(CH), NHC-NT’ | |

1

2

3

4

5

6

‘Grebneva

2972199

R

HC-T, NHC-T(CH), NHC-NT’

Article 3

In the Annex to Decision 2001/881/EC, the following entry is reinserted in the list of border inspection posts for Germany:

| 1 | 2 | 3 | 4 | 5 | 6 |
| --- | --- | --- | --- | --- | --- |
| ‘München | 0149699 | A | | HC(2), NHC(2) | O’ |

1

2

3

4

5

6

‘München

0149699

A

HC(2), NHC(2)

O’

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 21 June 2004.

For the Commission

David BYRNE

Member of the Commission

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(1)  
  OJ L 24, 30.1.1998, p. 9.

1

(2)  
  OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1.).

2

(3)  
  OJ L 326, 11.12.2001, p. 44. Decision as last amended by Decision 2004/469/EC (OJ L 160, 30.4.2004, p. 7.).

3

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