----

----

I Acts whose publication is obligatory

----

            COMMISSION REGULATION (EC) No 76/2005

of 19 January 2005         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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 20 January 2005.

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

Done at Brussels, 19 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

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

----

ANNEX

to Commission Regulation of 19 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(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’.

----

----

            COMMISSION REGULATION (EC) No 77/2005

of 13 January 2005         

amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 122 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annexes 1 to 5, and Annexes 7, 9 and 10 to Regulation (EEC) No 574/72 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th 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, 13 January 2005.

For the Commission

Vladimir ŠPIDLA            

Member of the Commission

----

(1)OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

----

ANNEX

1.   
Annex 1 is amended as follows

2.   
Annex 2 is amended as follows

3.   
Annex 3 is amended as follows

4.   
Annex 4 is amended as follows

5.   
Annex 5 is amended as follows

6.   
Annex 7 is amended as follows
Section ‘V. SLOVAKIA’ is replaced by the following:

7.   
Annex 9 is amended as follows

8.   
Annex 10 is amended as follows

----

----

            COMMISSION REGULATION (EC) No 78/2005

of 19 January 2005         

amending Regulation (EC) No 466/2001 as regards heavy metals

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,

After consulting the Scientific Committee on Food and the European Food Safety Authority,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 466/2001 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 19 January 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 37, 13.2.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 77, 16.3.2001, p. 1. Regulation as amended by Regulation (EC) No 684/2004 (OJ L 106, 15.4.2004, p. 6).

(3)OJ L 37, 7.2.2002, p. 4.

----

ANNEX

Section 3 of Annex I to Regulation (EC) No 466/2001 is modified as follows:

----

(1)  Where fish are intended to be eaten whole, the maximum level shall apply to the whole fish.

(2)  Fish as defined in the category (a) of the list of Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22).

(3)  Where fish are intended to be eaten whole, the maximum level shall apply to the whole fish.

(4)  Fish as defined in the category (a) of the list of Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22).

(5)  Where fish are intended to be eaten whole, the maximum level shall apply to the whole fish.

(6)  Fish as defined in the category (a) of the list of Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22).

(7)  Fish and fishery products as defined in the category (a), (c) and (f) of the list of Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22).

----

----

            COMMISSION REGULATION (EC) No 79/2005

of 19 January 2005         

implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the use of milk, milk-based products and milk-derived products, defined as Category 3 material in that Regulation

(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 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Article 6 (2) (i) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

General authorisation by Member States

Member States shall authorise the collection, transportation, processing, use and storage of milk, milk-based products and milk-derived products, falling within the definition of Category 3 material, as referred to in Articles 6(1)(e), 6(1)(f) and 6(1)(g) of Regulation (EC) No 1774/2002, that have not been processed in accordance with Chapter V of Annex VII to that Regulation (the products), provided that these activities and products comply with the requirements set out in this Regulation.

Article 2

Use as feed of processed products and whey and unprocessed products

1.   Processed products and whey, as referred to in Annex I, may be used as feed in accordance with the requirements laid down in that Annex.

2.   Unprocessed products and other products, as referred to in Annex II, may be used as feed in accordance with the requirements laid down in that Annex.

Article 3

Collection, transportation and storage

1.   The products shall be collected, transported and identified in accordance with the requirements set out in Annex II to Regulation (EC) No 1774/2002.

However, the first subparagraph shall not apply to operators of milk-processing establishments approved in accordance with Article 10 of Directive 92/46/EEC when collecting and returning to their establishment products which they have previously delivered to their customers.

2.   The storage of the products shall take place at an appropriate temperature to avoid any risk to public or animal health, either:

3.   Samples of the final products taken during storage or at the time of withdrawal from storage, shall at least comply with the microbiological standards set out in Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002.

Article 4

Authorisation, registration and control measures

1.   The milk processing establishments approved in accordance with Article 10 of Directive 92/46/EEC and the holdings, which are authorised as provided for in the Annexes to this Regulation, shall be registered by the competent authority for that purpose.

2.   The competent authority shall take the necessary measures to control compliance by operators of registered establishments and holdings with the requirements set out in this Regulation.

Article 5

Suspension of authorisation and registration in case of non-compliance

Any authorisation and registration issued by the competent authority in accordance with this Regulation shall be immediately suspended if the requirements of this Regulation are no longer fulfilled.

The authorisation and registration may be reinstated only after appropriate corrective measures have been taken as instructed by the competent authority.

Article 6

Review

The Commission shall review the provisions of this Regulation and adapt them as appropriate in the light of the opinion of the European Food Safety Authority.

Article 7

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 19 January 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004, p. 1).

(2)OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 1993/2004 (OJ L 344, 20.11.2004, p. 12).

(3)OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

----

ANNEX I

OTHER USE OF PROCESSED PRODUCTS AND WHEY, AS PROVIDED FOR IN ARTICLE 6 (2)(i) OF REGULATION (EC) No 1774/2002

CHAPTER I

A.   Products concerned

The products, including cleaning water that have been in contact with raw milk and/or milk pasteurised in accordance with Chapter I(A)(4)(a) of Annex C to Directive 92/46/EEC, subjected to at least one of the following treatments:

B.   Use

The products, referred to in Section A, may be used as feed material in the Member State concerned, and may be used in cross-border areas where the Member States concerned have a mutual agreement to that effect. The establishment concerned must ensure traceability of the products.

CHAPTER II

A.   Products concerned

B.   Use

The products and whey, referred to in Section A, may be used as feed material in the Member State concerned subject to the following conditions:

----

ANNEX II

OTHER USES OF UNPROCESSED PRODUCTS AND OTHER PRODUCTS

A.   Products concerned:

Raw products, including cleaning water that has been in contact with raw milk, and other products for which the treatments referred to in the Chapters I and II of Annex I cannot be ensured.

B.   Use

The products referred to in Section A, may be used as feed material in the Member State concerned subject to the following conditions:

----

----

            COMMISSION REGULATION (EC) No 80/2005

of 19 January 2005         

repealing Regulation (EEC) No 1517/77 fixing the list of the various groups of hop varieties cultivated in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organisation of the market in hops (1), and in particular Article 12(8) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1517/77 is hereby repealed.

Article 2

This Regulation shall enter into force on the seventh 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, 19 January 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation (EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).

(2)OJ L 169, 7.7.1977, p. 13. Regulation as last amended by Regulation (EC) No 1159/98 (OJ L 160, 4.6.1998, p. 18).

----

----

            COMMISSION REGULATION (EC) No 81/2005

of 19 January 2005         

amending Regulation (EEC) No 3077/78 on the equivalence with Community certificates of attestations accompanying hops imported from non-member countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organisation of the market in hops (1), and in particular Article 5(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EEC) No 3077/78 is hereby replaced by the text in 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, 19 January 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation (EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).

(2)OJ L 367, 28.12.1978, p. 28. Regulation as last amended by Regulation (EC) No 539/98 (OJ L 70, 10.3.1998, p. 3).

----

ANNEX

ORGANISATIONS AUTHORISED TO ISSUE ATTESTATIONS IN RESPECT OF

----

----

            COMMISSION REGULATION (EC) No 82/2005

of 19 January 2005         

on the issue of import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (1),

Having regard to Commission Regulation (EC) No 192/2002 of 31 January 2002 laying down detailed rules for issuing import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin (2), and in particular Article 6(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Import licences covered by applications submitted by 7 January 2005 under Article 6 of Regulation (EC) No 192/2002 shall be issued for 25 % of the quantity applied for.

Article 2

The submission of further applications for 2005 is hereby suspended.

Article 3

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, 19 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 314, 30.11.2001, p. 1.

(2)OJ L 31, 1.2.2002, p. 55. Regulation as last amended by Regulation (EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 24 September 2004         

appointing a United Kingdom member of the Economic and Social Committee

(2005/30/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Government of the United Kingdom,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Peter COLDRICK is hereby appointed a member of the Economic and Social Committee in place of Mr David FEICKERT for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Brussels, 24 September 2004.

For the Council

The President

L. J. BRINKHORST            

----

(1)OJ L 253, 21.9.2002, p. 9.

----

----

            COUNCIL DECISION         

of 24 September 2004         

appointing a Netherlands member and a Netherlands alternate member of the Committee of the Regions

(2005/31/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Netherlands Government,

Whereas:

HAS DECIDED AS FOLLOWS:

Sole Article

for the remainder of their terms of office, which run until 25 January 2006.

Done at Brussels, 24 September 2004.

For the Council

The President

L. J. BRINKHORST            

----

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

----

----

            COUNCIL DECISION         

of 24 September 2004         

appointing a German member of the Committee of the Regions

(2005/32/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the German Government,

Whereas:

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Gerold WUCHERPFENNIG, Minister für Bundes- und Europaangelegenheiten und Chef der Thüringer Staatskanzlei, is hereby appointed a member of the Committee of the Regions in place of Mr Hans KAISER for the remainder of his term of office, which runs until 25 January 2006.

Done at Brussels, 24 September 2004.

For the Council

The President

L. J. BRINKHORST            

----

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

----

Commission

----

            COMMISSION DECISION         

of 14 January 2005         

amending Decision 2001/556/EC as regards the inclusion of establishments in India in provisional lists of third country establishments from which Member States are authorised to import gelatine intended for human consumption

(notified under document number C(2004) 4543)

(Text with EEA relevance)

(2005/33/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(4) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/556/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 23 January 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 14 January 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 243, 11.10.1995, p. 17. Decision as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33).

(2)OJ L 200, 25.7.2001, p. 23. Decision as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 381).

(3)OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

----

ANNEX

The following text is inserted in the Annex in accordance with the alphabetical order of the ISO code:

‘País: India/Země: Indie/Land: Indien/Land: Indien/Riik: India/Χώρα: Ινδία/Country: India/Pays: Inde/Paese: India/Valsts: Indija/Šalis: Indija/Ország: India/Pajjiż: Indja/Land: Indië/Państwo: Indie/País: Índia/Krajina: India/Država: Indija/Maa: Intia/Land: Indien

----

----

            COMMISSION DECISION         

of 11 January 2005         

laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries

(notified under document number C(2004) 4992)

(Text with EEA relevance)

(2005/34/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 Articles 4(5) and 17(7) thereof,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, and in particular Articles 11(4) and 63(1)(e) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Scope of the Decision

1.   This Decision lays down the reference points for action for residues of substances for which MRPLs have been established in accordance with Decision 2002/657/EC when analytical tests carried out pursuant to Directive 97/78/EC on imported consignments of products of animal origin confirm the presence of such residues, and the action to be undertaken after such confirmation.

2.   This Decision applies whether analytical tests are carried out routinely, under reinforced checks procedures or under a safeguard measure on consignments of products of animal origin imported from third countries.

Article 2

Reference points for action

For the purpose of control of residues of certain substances whose use is prohibited or not authorised in the Community, the minimum required performance limits (MRPLs) laid down in Annex II to Decision 2002/657/EC shall be used as reference points for action irrespective of the matrix tested.

Article 3

Action in case of confirmed presence of a prohibited or non-authorised substance

1.   Where results of analytical tests are at or above the MRPLs laid down in Decision 2002/657/EC, the consignment concerned shall be considered non-compliant with Community legislation.

2.   Pending the application from 1 January 2006 of Articles 19 to 22 of Regulation (EC) No 882/2004, the competent authorities of the Member States shall place under official detention non-compliant consignments from third countries, and having heard the food business operators responsible for the consignment, shall take the following measures:

3.   The competent authorities shall allow re-dispatch of consignments only if:

4.   Without prejudice to the national rules of Member States concerning the review of administrative decisions, a re-dispatch shall take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60-day period, re-dispatch does not take place, the consignment shall be destroyed, unless the competent authority is satisfied that a delay is justified.

5.   Where the results of analytical tests on products are below the MRPLs laid down in Decision 2002/657/EC, the products will not be prohibited from entering the food chain. The competent authority shall retain a record of the findings in case of recurrence. Where the results of analytical tests on products from the same origin show a recurrent pattern indicating a potential problem related to one or several prohibited or unauthorised substances, including for instance the recording of four or more confirmed results below the reference points for action for the same substance in imports from a particular origin within a period of six months, the competent authority shall inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health. The Commission shall bring the matter to the attention of the competent authority of the country or countries of origin and shall make appropriate proposals.

6.   The feed or food business operator responsible for the consignment or its representative shall be liable for the costs incurred by competent authorities for the activities referred to in paragraph 1 to 4 of this Article.

Article 4

This Decision shall apply from 19 February 2005.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 11 January 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(2)OJ L 125, 23.5.1996, p. 10. Directive as last amended by Regulation (EC) No 882/2004.

(3)OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 2232/2004 (OJ L 379, 24.12.2004, p. 71).

(4)OJ L 221, 17.8.2002, p. 8. Decision as last amended by Decision 2004/25/EC (OJ L 6, 10.1.2004, p. 38).

(5)OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(6)  Available on ftp://ftp.fao.org/codex/alinorm03/Al03_33e.pdf

----