# Official Journal L 339/16 N

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 339 |
| | |
| English edition | Legislation | Volume 4716 November 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 339

English edition

Legislation

Volume 4716 November 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1963/2004 of 15 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1964/2004 of 12 November 2004 prohibiting fishing for tusk by vessels flying the flag of Ireland | 3 |
| | * | Commission Regulation (EC) No 1965/2004 of 15 November 2004 amending Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) | 4 |
| | | Commission Regulation (EC) No 1966/2004 of 15 November 2004 fixing the import duties in the cereals sector applicable from 16 November 2004 | 6 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1963/2004 of 15 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1964/2004 of 12 November 2004 prohibiting fishing for tusk by vessels flying the flag of Ireland

3

*

Commission Regulation (EC) No 1965/2004 of 15 November 2004 amending Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

4

Commission Regulation (EC) No 1966/2004 of 15 November 2004 fixing the import duties in the cereals sector applicable from 16 November 2004

6

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2004/764/EC:Commission Decision of 22 October 2004 concerning an extension of the maximum period laid down for the application of eartags to certain bovine animals kept in nature reserves in the Netherlands
  (notified under document number C(2004) 4013)

   (
  1
  ) | 9 |
| | * | 2004/765/EC:Commission Decision of 22 October 2004 concerning a draft Regulation from the Federal Republic of Germany on the labelling of fruit, vegetables and potatoes treated after harvesting
  (notified under document number C(2004) 4029)

   (
  1
  ) | 11 |
| | * | 2004/766/EC:Commission Decision of 5 November 2004 adopting the plan allocating to the Member States resources to be charged to the 2005 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
  (notified under document number C(2004) 4356) | 13 |

II   Acts whose publication is not obligatory

Commission

*

2004/764/EC:Commission Decision of 22 October 2004 concerning an extension of the maximum period laid down for the application of eartags to certain bovine animals kept in nature reserves in the Netherlands
  (notified under document number C(2004) 4013)

   (
  1
  )

(notified under document number C(2004) 4013)

1

9

*

2004/765/EC:Commission Decision of 22 October 2004 concerning a draft Regulation from the Federal Republic of Germany on the labelling of fruit, vegetables and potatoes treated after harvesting
  (notified under document number C(2004) 4029)

   (
  1
  )

(notified under document number C(2004) 4029)

1

11

*

2004/766/EC:Commission Decision of 5 November 2004 adopting the plan allocating to the Member States resources to be charged to the 2005 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
  (notified under document number C(2004) 4356)

(notified under document number C(2004) 4356)

13

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Decision 2004/767/CFSP of 15 November 2004 implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) | 16 |

Acts adopted under Title V of the Treaty on European Union

*

Council Decision 2004/767/CFSP of 15 November 2004 implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

16

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1 November 2004 — New version of EUR-Lex!

1 November 2004 — New version of EUR-Lex!

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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

EN

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

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

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I Acts whose publication is obligatory

| 16.11.2004 | EN | Official Journal of the European Union | L 339/1 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

L 339/1

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COMMISSION REGULATION (EC) No 1963/2004

of 15 November 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 16 November 2004.

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

Done at Brussels, 15 November 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 Commission Regulation of 15 November 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 | 118,2 |
| 070 | 59,9 |
| 204 | 60,3 |
| 999 | 79,5 |
| 0707 00 05 | 052 | 100,6 |
| 204 | 37,2 |
| 999 | 68,9 |
| 0709 90 70 | 052 | 88,0 |
| 204 | 80,0 |
| 999 | 84,0 |
| 0805 20 10 | 204 | 93,5 |
| 999 | 93,5 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 68,9 |
| 624 | 79,9 |
| 999 | 74,4 |
| 0805 50 10 | 052 | 53,6 |
| 388 | 31,5 |
| 524 | 67,3 |
| 528 | 35,1 |
| 999 | 46,9 |
| 0806 10 10 | 052 | 104,3 |
| 400 | 211,9 |
| 508 | 239,8 |
| 999 | 185,3 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 052 | 90,5 |
| 388 | 113,6 |
| 400 | 102,9 |
| 404 | 84,2 |
| 512 | 104,2 |
| 720 | 57,2 |
| 800 | 194,6 |
| 804 | 106,7 |
| 999 | 106,7 |
| 0808 20 50 | 052 | 67,3 |
| 720 | 58,4 |
| 999 | 62,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

118,2

070

59,9

204

60,3

999

79,5

0707 00 05

052

100,6

204

37,2

999

68,9

0709 90 70

052

88,0

204

80,0

999

84,0

0805 20 10

204

93,5

999

93,5

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

052

68,9

624

79,9

999

74,4

0805 50 10

052

53,6

388

31,5

524

67,3

528

35,1

999

46,9

0806 10 10

052

104,3

400

211,9

508

239,8

999

185,3

0808 10 20 , 0808 10 50 , 0808 10 90

052

90,5

388

113,6

400

102,9

404

84,2

512

104,2

720

57,2

800

194,6

804

106,7

999

106,7

0808 20 50

052

67,3

720

58,4

999

62,9

---

(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’.

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| 16.11.2004 | EN | Official Journal of the European Union | L 339/3 |
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16.11.2004

EN

Official Journal of the European Union

L 339/3

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COMMISSION REGULATION (EC) No 1964/2004

of 12 November 2004

prohibiting fishing for tusk by vessels flying the flag of Ireland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks (2) lays down quotas for tusk for 2004. |
| --- | --- |

(1)

Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks (2) lays down quotas for tusk for 2004.

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

(2)

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

| (3) | According to the information received by the Commission, catches of tusk in the waters of ICES sub-areas V, VI, VII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Ireland or registered in Ireland have exhausted the quota allocated for 2004. Ireland has prohibited fishing for this stock from 1 October 2004. This date should be adopted in this Regulation also, |
| --- | --- |

(3)

According to the information received by the Commission, catches of tusk in the waters of ICES sub-areas V, VI, VII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Ireland or registered in Ireland have exhausted the quota allocated for 2004. Ireland has prohibited fishing for this stock from 1 October 2004. This date should be adopted in this Regulation also,

HAS ADOPTED THIS REGULATION:

Article 1

Catches of tusk in the waters of ICES sub-areas V, VI, VII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Ireland or registered in Ireland are hereby deemed to have exhausted the quota allocated to Ireland for 2004.

Fishing for tusk in the waters of ICES sub-areas V, VI and VII (EC waters and waters not subject to the sovereignty or jurisdiction of third countries) by vessels flying the flag of Ireland or registered in Ireland is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.

Article 2

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

It shall apply from 1 October 2004.

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

Done at Brussels, 12 November 2004.

For the Commission

Jörgen HOLMQUIST

Director-General for Fisheries

---

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

1

(2)  
  OJ L 356, 31.12.2002, p. 1.

2

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| 16.11.2004 | EN | Official Journal of the European Union | L 339/4 |
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16.11.2004

EN

Official Journal of the European Union

L 339/4

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COMMISSION REGULATION (EC) No 1965/2004

of 15 November 2004

amending Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1), and in particular Article 10(a) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 1763/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 1763/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation.

| (2) | The Commission is empowered to amend that Annex, taking into account Council Decisions implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of ICTY (2). Council Decision 2004/767/CFSP (3) implements that Common Position. Annex I to Regulation (EC) No 1763/2004 should, therefore, be amended accordingly. |
| --- | --- |

(2)

The Commission is empowered to amend that Annex, taking into account Council Decisions implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of ICTY (2). Council Decision 2004/767/CFSP (3) implements that Common Position. Annex I to Regulation (EC) No 1763/2004 should, therefore, be amended accordingly.

| (3) | In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately, |
| --- | --- |

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1763/2004 is replaced by the text in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 15 November 2004.

For the Commission

Eneko LANDÁBURU

General Director

---

(1)  
  OJ L 315, 14.10.2004, p. 14.

1

(2)  
  OJ L 315, 14.10.2004, p. 52.

2

(3)  See page 16 of this Official Journal.

3

---

ANNEX

‘
  List of persons referred to in Article 2

| 1. | Borovcanin, Ljubomir. Date of birth: 27.2.1960. Place of birth: Han Pijesak, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

1.

Borovcanin, Ljubomir. Date of birth: 27.2.1960. Place of birth: Han Pijesak, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 2. | Borovnica, Goran. Date of birth: 15.8.1965. Place of birth: Kozarac, Municipality of Prijedor, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

2.

Borovnica, Goran. Date of birth: 15.8.1965. Place of birth: Kozarac, Municipality of Prijedor, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 3. | Bralo, Miroslav. Date of birth: 13.10.1967. Place of birth: Kratine, Municipality of Vitez, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

3.

Bralo, Miroslav. Date of birth: 13.10.1967. Place of birth: Kratine, Municipality of Vitez, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 4. | Djordjevic, Vlastimir. Date of birth: 1948. Place of birth: Vladicin Han, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

4.

Djordjevic, Vlastimir. Date of birth: 1948. Place of birth: Vladicin Han, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 5. | Gotovina, Ante. Date of birth: 12.10.1955. Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia. Nationality: (a) Croatian, (b) French. |
| --- | --- |

5.

Gotovina, Ante. Date of birth: 12.10.1955. Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia. Nationality: (a) Croatian, (b) French.

| 6. | Hadzic, Goran. Date of birth: 7.9.1958. Place of birth: Vinkovci, Republic of Croatia. Nationality: Serbia and Montenegro. |
| --- | --- |

6.

Hadzic, Goran. Date of birth: 7.9.1958. Place of birth: Vinkovci, Republic of Croatia. Nationality: Serbia and Montenegro.

| 7. | Jankovic, Gojko. Date of birth: 31.10.1954. Place of birth: Trbuse, Municipality of Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

7.

Jankovic, Gojko. Date of birth: 31.10.1954. Place of birth: Trbuse, Municipality of Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 8. | Karadžić, Radovan. Date of birth: 19.6.1945. Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro. Nationality: Bosnia and Herzegovina. |
| --- | --- |

8.

Karadžić, Radovan. Date of birth: 19.6.1945. Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

| 9. | Lazarevic, Vladimir. Date of birth: 23.3.1949. Place of birth: Grncar, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

9.

Lazarevic, Vladimir. Date of birth: 23.3.1949. Place of birth: Grncar, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 10. | Lukic, Milan. Date of birth: 6.9.1967. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

10.

Lukic, Milan. Date of birth: 6.9.1967. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 11. | Lukic, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

11.

Lukic, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 12. | Lukic, Sreten. Date of birth: 28.3.1955. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: Serbia and Montenegro. |
| --- | --- |

12.

Lukic, Sreten. Date of birth: 28.3.1955. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

| 13. | Milosevic, Dragomir. Date of birth: 4.2.1942. Place of birth: Murgas, Municipality of Ub, Serbia and Montenegro. Nationality: Bosnia and Herzegovina. |
| --- | --- |

13.

Milosevic, Dragomir. Date of birth: 4.2.1942. Place of birth: Murgas, Municipality of Ub, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

| 14. | Mladić, Ratko. Date of birth: 12.3.1942. Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) Serbia and Montenegro. |
| --- | --- |

14.

Mladić, Ratko. Date of birth: 12.3.1942. Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) Serbia and Montenegro.

| 15. | Nikolic, Drago. Date of birth: 9.11.1957. Place of birth: Bratunac, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

15.

Nikolic, Drago. Date of birth: 9.11.1957. Place of birth: Bratunac, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 16. | Pandurevic, Vinko. Date of birth: 25.6.1959. Place of birth: Sokolac, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

16.

Pandurevic, Vinko. Date of birth: 25.6.1959. Place of birth: Sokolac, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 17. | Pavkovic, Nebojsa. Date of birth: 10.4.1946. Place of birth: Senjski Rudnik, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

17.

Pavkovic, Nebojsa. Date of birth: 10.4.1946. Place of birth: Senjski Rudnik, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 18. | Popovic, Vujadin. Date of birth: 14.3.1957. Place of birth: Sekovici, Bosnia and Herzegovina. Nationality: Serbia and Montenegro. |
| --- | --- |

18.

Popovic, Vujadin. Date of birth: 14.3.1957. Place of birth: Sekovici, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

| 19. | Todovic, Savo. Date of birth: 11.12.1952. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

19.

Todovic, Savo. Date of birth: 11.12.1952. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 20. | Zelenovic, Dragan. Date of birth: 12.2.1961. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

20.

Zelenovic, Dragan. Date of birth: 12.2.1961. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 21. | Zupljanin, Stojan. Date of birth: 22.9.1951. Place of birth: Kotor Varos, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.’ |
| --- | --- |

21.

Zupljanin, Stojan. Date of birth: 22.9.1951. Place of birth: Kotor Varos, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.’

---

| 16.11.2004 | EN | Official Journal of the European Union | L 339/6 |
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16.11.2004

EN

Official Journal of the European Union

L 339/6

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COMMISSION REGULATION (EC) No 1966/2004

of 15 November 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 16 November 2004.

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

Done at Brussels, 15 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

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

1

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

2

---

ANNEX I

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 15 November 2004

| CN code | Description | Import duty (1)

  (EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | Common high quality wheat other than for sowing | 0,00 |
| 1002 00 00 | Rye | 34,81 |
| 1005 10 90 | Maize seed other than hybrid | 52,52 |
| 1005 90 00 | Maize other than seed (2) | 52,52 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 34,81 |

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

Common high quality wheat other than for sowing

0,00

1002 00 00

Rye

34,81

1005 10 90

Maize seed other than hybrid

52,52

1005 90 00

Maize other than seed (2)

52,52

1007 00 90

Grain sorghum other than hybrids for sowing

34,81

---

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

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

—

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

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

—

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

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

---

ANNEX II

Factors for calculating duties

period from 2.11.2004-12.11.2004

1.

| Exchange quotations | Minneapolis | Chicago | Minneapolis | Minneapolis | Minneapolis | Minneapolis |
| --- | --- | --- | --- | --- | --- | --- |
| Product (% proteins at 12 % humidity) | HRS2 (14 %) | YC3 | HAD2 | Medium quality (*1) | Low quality (*2) | US barley 2 |
| Quotation (EUR/t) | 118,56  (*3) | 60,76 | 152,87  (*4) | 142,87  (*4) | 122,87  (*4) | 82,49  (*4) |
| Gulf premium (EUR/t) | — | 12,94 | — | | | — |
| Great Lakes premium (EUR/t) | 18,28 | — | — | | | — |

Exchange quotations

Minneapolis

Chicago

Minneapolis

Minneapolis

Minneapolis

Minneapolis

Product (% proteins at 12 % humidity)

HRS2 (14 %)

YC3

HAD2

Medium quality (*1)

Low quality (*2)

US barley 2

Quotation (EUR/t)

118,56  (*3)

60,76

152,87  (*4)

142,87  (*4)

122,87  (*4)

82,49  (*4)

Gulf premium (EUR/t)

—

12,94

—

—

Great Lakes premium (EUR/t)

18,28

—

—

—

2.

Freight/cost: Gulf of Mexico–Rotterdam: 31,52 EUR/t; Great Lakes–Rotterdam: 40,44 EUR/t.

3.

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

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

0,00  EUR/t (HRW2)

0,00  EUR/t (SRW2).

---

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

*1

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

*2

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

*3

(*4)  Fob Duluth.

*4

---

II Acts whose publication is not obligatory

Commission

| 16.11.2004 | EN | Official Journal of the European Union | L 339/9 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

L 339/9

---

COMMISSION DECISION

of 22 October 2004

concerning an extension of the maximum period laid down for the application of eartags to certain bovine animals kept in nature reserves in the Netherlands

(notified under document number C(2004) 4013)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2004/764/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (1), and in particular Article 4(2) thereof,

Having regard to the request submitted by the Netherlands,

Whereas:

| (1) | The Netherlands have requested an extension to 12 months of the maximum period laid down for the application of eartags to bovine animals in nature reserves, due to practical difficulties. |
| --- | --- |

(1)

The Netherlands have requested an extension to 12 months of the maximum period laid down for the application of eartags to bovine animals in nature reserves, due to practical difficulties.

| (2) | Those animals are primarily kept for the purpose of nature protection and landscape conservation and not for production purposes. They are kept under extensive holding conditions and in free range where calves stay always close to their mother. |
| --- | --- |

(2)

Those animals are primarily kept for the purpose of nature protection and landscape conservation and not for production purposes. They are kept under extensive holding conditions and in free range where calves stay always close to their mother.

| (3) | It is justified to take account of the Dutch request, provided that the extension of the maximum period for tagging does not affect the quality of information provided by the Dutch database for bovine animals and that there is no movement of bovine animals to which eartags have not been applied. |
| --- | --- |

(3)

It is justified to take account of the Dutch request, provided that the extension of the maximum period for tagging does not affect the quality of information provided by the Dutch database for bovine animals and that there is no movement of bovine animals to which eartags have not been applied.

| (4) | In the case of animals, which have not been tagged until the age of 6 months, the identity of the mother should be verified by a DNA test. Taking this additional guarantee into account the maximum period for tagging should not be longer than 12 months. |
| --- | --- |

(4)

In the case of animals, which have not been tagged until the age of 6 months, the identity of the mother should be verified by a DNA test. Taking this additional guarantee into account the maximum period for tagging should not be longer than 12 months.

| (5) | This derogation should be strictly restricted to a limited number of holdings, which have been separately authorised according to defined criteria as nature reserves and communicated to the Commission. |
| --- | --- |

(5)

This derogation should be strictly restricted to a limited number of holdings, which have been separately authorised according to defined criteria as nature reserves and communicated to the Commission.

| (6) | The Dutch authorities undertake not to extend this derogation to the identification and registration system of bovine animals. |
| --- | --- |

(6)

The Dutch authorities undertake not to extend this derogation to the identification and registration system of bovine animals.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund,

HAS ADOPTED THIS DECISION:

Article 1

The Netherlands may extend to 12 months the maximum period laid down by Article 4(2) of Regulation (EC) No 1760/2000, for the application of eartags to calves kept in certain nature reserves provided all the conditions set out in this Decision are met.

This extension shall not affect the quality of information provided by the computerised bovine database.

Article 2

1.   The extension provided in Article 1 shall be allowed subject to all the conditions set out in paragraph 2 to 5.

2.   The animals shall be born in a nature reserve authorised by the competent authority in accordance with Article 3.

3.   The birth of each calf shall be reported to the competent authority within a period to be fixed by the Netherlands in accordance with Article 7(1) of Regulation (EC) No 1760/2000.

4.   The eartags shall be applied before the calves are 12 months old.

5.   In any case no animals shall leave the nature reserve without prior application of the eartags.

6.   For calves tagged later than 6 months of age the identity of the mother shall be verified on the basis of a DNA-test when the eartags are applied.

Article 3

1.   The competent authority may authorise nature reserves for the purpose of this Decision if they fulfil the following conditions:

| (a) | the nature reserve is a holding where animals are primarily kept for the purpose of nature protection and landscape conservation; |
| --- | --- |

(a)

the nature reserve is a holding where animals are primarily kept for the purpose of nature protection and landscape conservation;

| (b) | the nature reserve covers a territory of at least 100 ha; |
| --- | --- |

(b)

the nature reserve covers a territory of at least 100 ha;

| (c) | the effective livestock density is below 0,5 animals over 12 months of age per hectare, on an annual average basis; |
| --- | --- |

(c)

the effective livestock density is below 0,5 animals over 12 months of age per hectare, on an annual average basis;

| (d) | the animals are reared at liberty in a totally extensive system, with the calves staying with their mother. |
| --- | --- |

(d)

the animals are reared at liberty in a totally extensive system, with the calves staying with their mother.

2.   The status of a holding as an authorised nature reserve with an extended period for tagging shall be clearly stated in the records of the computerised bovine database.

3.   The competent authority shall communicate to the Commission the list of nature reserves which have been authorised according to paragraph 1.

Article 4

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 22 October 2004.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 204, 11.8.2000, p. 1.

1

---

| 16.11.2004 | EN | Official Journal of the European Union | L 339/11 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

L 339/11

---

COMMISSION DECISION

of 22 October 2004

concerning a draft Regulation from the Federal Republic of Germany on the labelling of fruit, vegetables and potatoes treated after harvesting

(notified under document number C(2004) 4029)

(Only the German text is authentic)

(Text with EEA relevance)

(2004/765/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), and in particular Articles 19 and 20 thereof,

Whereas:

| (1) | In accordance with the procedure provided for in Article 19(2) of Directive 2000/13/EC, the German authorities notified the Commission on 1 March 2004 of a draft Regulation amending the Regulation on maximum residue limits, with a view to adding to it specific provisions on the compulsory labelling of fruit, vegetables and potatoes treated with plant protection substances after harvesting for the purpose of preservation. |
| --- | --- |

(1)

In accordance with the procedure provided for in Article 19(2) of Directive 2000/13/EC, the German authorities notified the Commission on 1 March 2004 of a draft Regulation amending the Regulation on maximum residue limits, with a view to adding to it specific provisions on the compulsory labelling of fruit, vegetables and potatoes treated with plant protection substances after harvesting for the purpose of preservation.

| (2) | Pursuant to the new Article 3a added by the aforementioned draft Regulation, directions on the labels of fruit, vegetables or potatoes treated after harvesting should state ‘treated after harvesting with ...’ followed by the name of the substance. |
| --- | --- |

(2)

Pursuant to the new Article 3a added by the aforementioned draft Regulation, directions on the labels of fruit, vegetables or potatoes treated after harvesting should state ‘treated after harvesting with ...’ followed by the name of the substance.

| (3) | In accordance with the provisions of Article 19(2) of Directive 2000/13/EC, the Commission consulted the other Member States via the Standing Committee on the Food Chain and Animal Health. |
| --- | --- |

(3)

In accordance with the provisions of Article 19(2) of Directive 2000/13/EC, the Commission consulted the other Member States via the Standing Committee on the Food Chain and Animal Health.

| (4) | Community law already contains certain provisions to ensure that the use of these substances does not present a risk to consumers’ health. These substances have to be authorised, pursuant to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), and maximum levels for residues are established in accordance with Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3). |
| --- | --- |

(4)

Community law already contains certain provisions to ensure that the use of these substances does not present a risk to consumers’ health. These substances have to be authorised, pursuant to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), and maximum levels for residues are established in accordance with Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3).

| (5) | Furthermore, in some cases, it may be useful for consumers to be informed, by means of a specific warning on the label, where foodstuffs have been treated after harvesting so that they can choose between products which have been treated and those which have not or take precautions such as washing or peeling the products. This type of measure is already in place for citrus fruit under Commission Regulation (EC) No 1799/2001 (4), in particular because of the method for calculating the maximum residue levels which, for these products, takes into account that they are normally consumed peeled. |
| --- | --- |

(5)

Furthermore, in some cases, it may be useful for consumers to be informed, by means of a specific warning on the label, where foodstuffs have been treated after harvesting so that they can choose between products which have been treated and those which have not or take precautions such as washing or peeling the products. This type of measure is already in place for citrus fruit under Commission Regulation (EC) No 1799/2001 (4), in particular because of the method for calculating the maximum residue levels which, for these products, takes into account that they are normally consumed peeled.

| (6) | However, such a measure applied unilaterally and indiscriminately by Germany in respect of all fruit and vegetables would be sure to hinder intra-Community trade to a disproportionate extent. It would oblige producers or operators in other Member States to provide specific labelling for fruit, vegetables and potatoes imported into Germany and to take measures to this effect right from the start of the production process, depending on the destination of the products. |
| --- | --- |

(6)

However, such a measure applied unilaterally and indiscriminately by Germany in respect of all fruit and vegetables would be sure to hinder intra-Community trade to a disproportionate extent. It would oblige producers or operators in other Member States to provide specific labelling for fruit, vegetables and potatoes imported into Germany and to take measures to this effect right from the start of the production process, depending on the destination of the products.

| (7) | The cases where non-harmonised national provisions governing the labelling and presentation of certain foodstuffs or foodstuffs in general may be acceptable are listed limitatively in Article 18(2) of Directive 2000/13/EC. Apart from cases relating to the protection of public health, such measures may be admissible only where justified for the prevention of fraud or the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and prevention of unfair competition. |
| --- | --- |

(7)

The cases where non-harmonised national provisions governing the labelling and presentation of certain foodstuffs or foodstuffs in general may be acceptable are listed limitatively in Article 18(2) of Directive 2000/13/EC. Apart from cases relating to the protection of public health, such measures may be admissible only where justified for the prevention of fraud or the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and prevention of unfair competition.

| (8) | Germany has not provided any evidence that the draft Regulation is necessary to attain one of the objectives of the abovementioned Article 18 or that the obstacle thus created is proportionate. It mentions only the aim of informing consumers on post-harvesting treatments. |
| --- | --- |

(8)

Germany has not provided any evidence that the draft Regulation is necessary to attain one of the objectives of the abovementioned Article 18 or that the obstacle thus created is proportionate. It mentions only the aim of informing consumers on post-harvesting treatments.

| (9) | Consequently, a Community labelling measure should be created for cases where it would be desirable to inform consumers of post-harvesting treatments, as envisaged by Germany. This is the case for sodium orthophenylphenol and orthophenylphenate, as Directive 2003/114/EC of the European Parliament and of the Council (5) provides that they are to be removed from the scope of the legislation on additives as soon as provisions on the labelling of foods treated with these substances come into force pursuant to Community legislation laying down maximum levels of pesticide residues. |
| --- | --- |

(9)

Consequently, a Community labelling measure should be created for cases where it would be desirable to inform consumers of post-harvesting treatments, as envisaged by Germany. This is the case for sodium orthophenylphenol and orthophenylphenate, as Directive 2003/114/EC of the European Parliament and of the Council (5) provides that they are to be removed from the scope of the legislation on additives as soon as provisions on the labelling of foods treated with these substances come into force pursuant to Community legislation laying down maximum levels of pesticide residues.

| (10) | The Commission will be continuing discussions with the Member States with regard to other extensions of labelling to indicate treatment after harvesting. |
| --- | --- |

(10)

The Commission will be continuing discussions with the Member States with regard to other extensions of labelling to indicate treatment after harvesting.

| (11) | Member States should therefore suspend any national initiatives in this area. |
| --- | --- |

(11)

Member States should therefore suspend any national initiatives in this area.

| (12) | In light of these observations, the Commission has delivered a negative opinion pursuant to Article 19(3) of Directive 2000/13/EC. |
| --- | --- |

(12)

In light of these observations, the Commission has delivered a negative opinion pursuant to Article 19(3) of Directive 2000/13/EC.

| (13) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(13)

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

The Federal Republic of Germany is required to refrain from adopting its draft Regulation amending the Regulation on maximum residue limits with a view to adding to it specific provisions on the compulsory labelling of fruit, vegetables and potatoes treated with plant protection substances after harvesting for the purpose of preservation.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 22 October 2004.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

1

(2)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2004/99/EC (OJ L 309, 6.10.2004, p. 6).

2

(3)  
  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/95/EC (OJ L 301, 28.9.2004, p. 42).

3

(4)  
  OJ L 244, 14.9.2001, p. 12. Regulation as last amended by Regulation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).

4

(5)  
  OJ L 24, 29.1.2004, p. 58.

5

---

| 16.11.2004 | EN | Official Journal of the European Union | L 339/13 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

L 339/13

---

COMMISSION DECISION

of 5 November 2004

adopting the plan allocating to the Member States resources to be charged to the 2005 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community

(notified under document number C(2004) 4356)

(2004/766/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community (1), and in particular Article 6 thereof,

Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3(2) thereof,

Whereas:

| (1) | In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), the Commission must adopt a distribution plan to be financed from resources available in the 2005 budget year. The plan should lay down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies. |
| --- | --- |

(1)

In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (3), the Commission must adopt a distribution plan to be financed from resources available in the 2005 budget year. The plan should lay down in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.

| (2) | The Member States involved in the plan have supplied the information required in accordance with Article 1 of Regulation (EEC) No 3149/92. |
| --- | --- |

(2)

The Member States involved in the plan have supplied the information required in accordance with Article 1 of Regulation (EEC) No 3149/92.

| (3) | For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States used the resources allocated to them in previous years. |
| --- | --- |

(3)

For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States used the resources allocated to them in previous years.

| (4) | The intra-Community transfers necessary to bring the plan to fruition should also be authorised under the conditions provided for in Article 7 of Regulation (EEC) No 3149/92. |
| --- | --- |

(4)

The intra-Community transfers necessary to bring the plan to fruition should also be authorised under the conditions provided for in Article 7 of Regulation (EEC) No 3149/92.

| (5) | To implement the plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts. |
| --- | --- |

(5)

To implement the plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts.

| (6) | In accordance with Article 2(2) of Regulation (EEC) No 3149/92 the Commission sought the advice of the major organisations familiar with the problems of the most deprived persons in the Community when drawing up the plan. |
| --- | --- |

(6)

In accordance with Article 2(2) of Regulation (EEC) No 3149/92 the Commission sought the advice of the major organisations familiar with the problems of the most deprived persons in the Community when drawing up the plan.

| (7) | The measures provided for in this Decision are in accordance with the opinions of all the relevant committees, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinions of all the relevant committees,

HAS ADOPTED THIS DECISION:

Article 1

For 2005, foodstuffs for distribution to the most deprived persons in the Community under Regulation (EEC) No 3730/87 shall be supplied in accordance with the distribution plan set out in Annex I.

Article 2

The intra-Community transfer operations listed in Annex II are hereby authorised.

Article 3

To implement the annual plan, the date of the operative event referred to in Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2004.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 5 November 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 352, 15.12.1987, p. 1. Regulation as last amended by Regulation (EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).

1

(2)  
  OJ L 349, 24.12.1998, p. 1.

2

(3)  
  OJ L 313, 30.10.1992, p. 50. Regulation as last amended by Regulation (EC) No 1903/2004 (OJ L 328, 30.10.2004, p. 77).

3

---

ANNEX I

Annual distribution plan for 2005

(a)   Financial resources made available to implement the plan in each Member State:

| (in EUR) |
| --- |
| Member State | Allocation |
| Belgium | 3 047 791 |
| Greece | 5 704 637 |
| Spain | 42 544 686 |
| France | 48 620 337 |
| Italy | 60 294 489 |
| Luxembourg | 68 537 |
| Malta | 347 642 |
| Poland | 35 504 167 |
| Portugal | 12 527 718 |
| Finland | 2 825 645 |
| Total | 211 485 650 |

(in EUR)

Member State

Allocation

Belgium

3 047 791

Greece

5 704 637

Spain

42 544 686

France

48 620 337

Italy

60 294 489

Luxembourg

68 537

Malta

347 642

Poland

35 504 167

Portugal

12 527 718

Finland

2 825 645

Total

211 485 650

(b)   Quantity of each type of product to be withdrawn from Community intervention stocks for distribution in each Member State subject to the maximum amounts laid down in (a):

| (tonnes) |
| --- |
| Member State | Product |
| Cereals | Rice
  (paddy rice) | Butter | Milk powder |
| Belgium | 6 000 | 3 500 | 318 | 410 |
| Greece | 6 972 | 4 346 | | 2 087 |
| Spain | 68 721 | 29 452 | 9 547 | |
| France | 60 905 | 31 412 | | 18 143 |
| Italy | 98 153 | 22 575 | 14 446 | |
| Malta | 1 383 | 553 | | |
| Poland | 17 758 | 26 835 | 6 772 | 3 749 |
| Portugal | 8 588 | 14 708 | 2 594 | 480 |
| Finland | 15 000 | | | 600 |
| Total | 283 480 | 133 381 | 33 677 | 25 469 |

(tonnes)

Member State

Product

Cereals

Rice

(paddy rice)

Butter

Milk powder

Belgium

6 000

3 500

318

410

Greece

6 972

4 346

2 087

Spain

68 721

29 452

9 547

France

60 905

31 412

18 143

Italy

98 153

22 575

14 446

Malta

1 383

553

Poland

17 758

26 835

6 772

3 749

Portugal

8 588

14 708

2 594

480

Finland

15 000

600

Total

283 480

133 381

33 677

25 469

(c)   Allocation for Luxembourg with a view to purchases on the Community market of:

| — | milk powder: EUR 68 537 |
| --- | --- |

—

milk powder: EUR 68 537

(d)   Allocation for Malta with a view to purchases on the Community market of:

| — | milk powder: EUR 113 404 |
| --- | --- |

—

milk powder: EUR 113 404

---

ANNEX II

Intra-Community transfers authorised under the plan for 2005

| | Product | Quantity
  (tonnes) | Holder | Consignee |
| --- | --- | --- | --- | --- |
| 1. | Cereals | 6 000 | BLE, Germany | BIRB, Belgium |
| 2. | Cereals | 6 972 | BLE, Germany | Ministry of Agriculture, Greece |
| 3. | Cereals | 68 721 | BLE, Germany | FEGA, Spain |
| 4. | Cereals | 45 440 | BLE, Germany | Ministry of Agriculture, France |
| 5. | Cereals | 98 153 | BLE, Germany | AGEA, Italy |
| 6. | Cereals | 1 383 | BLE, Germany | National Research and Development Centre, Malta |
| 7. | Cereals | 17 758 | BLE, Germany | ARR, Poland |
| 8. | Cereals | 8 588 | BLE, Germany | INGA, Portugal |
| 9. | Rice | 3 500 | Ente Risi, Italy | BIRB, Belgium |
| 10. | Rice | 553 | Ente Risi, Italy | National Research and Development Centre, Malta |
| 11. | Rice | 26 835 | Ente Risi, Italy | ARR, Poland |
| 12. | Rice | 14 708 | FEGA, Spain | INGA, Portugal |
| 13. | Milk powder | 2 087 | Department of Agriculture and Food, Ireland | Ministry of Agriculture, Greece |
| 14. | Milk powder | 18 143 | Department of Agriculture and Food, Ireland | Ministry of Agriculture, France |
| 15. | Milk powder | 3 749 | Department of Agriculture and Food, Ireland | ARR, Poland |
| 16. | Milk powder | 600 | SJV, Sweden | Ministry of Agriculture, Finland |
| 17. | Butter | 59 | BLE, Germany | BIRB, Belgium |
| 18. | Butter | 6 571 | FEGA, Spain | AGEA, Italy |
| 19. | Butter | 3 584 | BLE, Germany | ARR, Poland |
| 20. | Butter | 3 188 | Ministry of Agriculture, Finland | ARR, Poland |

Product

Quantity

(tonnes)

Holder

Consignee

1.

Cereals

6 000

BLE, Germany

BIRB, Belgium

2.

Cereals

6 972

BLE, Germany

Ministry of Agriculture, Greece

3.

Cereals

68 721

BLE, Germany

FEGA, Spain

4.

Cereals

45 440

BLE, Germany

Ministry of Agriculture, France

5.

Cereals

98 153

BLE, Germany

AGEA, Italy

6.

Cereals

1 383

BLE, Germany

National Research and Development Centre, Malta

7.

Cereals

17 758

BLE, Germany

ARR, Poland

8.

Cereals

8 588

BLE, Germany

INGA, Portugal

9.

Rice

3 500

Ente Risi, Italy

BIRB, Belgium

10.

Rice

553

Ente Risi, Italy

National Research and Development Centre, Malta

11.

Rice

26 835

Ente Risi, Italy

ARR, Poland

12.

Rice

14 708

FEGA, Spain

INGA, Portugal

13.

Milk powder

2 087

Department of Agriculture and Food, Ireland

Ministry of Agriculture, Greece

14.

Milk powder

18 143

Department of Agriculture and Food, Ireland

Ministry of Agriculture, France

15.

Milk powder

3 749

Department of Agriculture and Food, Ireland

ARR, Poland

16.

Milk powder

600

SJV, Sweden

Ministry of Agriculture, Finland

17.

Butter

59

BLE, Germany

BIRB, Belgium

18.

Butter

6 571

FEGA, Spain

AGEA, Italy

19.

Butter

3 584

BLE, Germany

ARR, Poland

20.

Butter

3 188

Ministry of Agriculture, Finland

ARR, Poland

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Acts adopted under Title V of the Treaty on European Union

| 16.11.2004 | EN | Official Journal of the European Union | L 339/16 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

L 339/16

---

COUNCIL DECISION 2004/767/CFSP

of 15 November 2004

implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2004/694/CFSP (1), and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

| (1) | By Common Position 2004/694/CFSP the Council adopted measures in order to freeze all funds and economic resources belonging to Radovan Karadžić, Ratko Mladić and Ante Gotovina. |
| --- | --- |

(1)

By Common Position 2004/694/CFSP the Council adopted measures in order to freeze all funds and economic resources belonging to Radovan Karadžić, Ratko Mladić and Ante Gotovina.

| (2) | These measures should be extended to all persons publicly indicted by the ICTY for war crimes who are not in the custody of the Tribunal. |
| --- | --- |

(2)

These measures should be extended to all persons publicly indicted by the ICTY for war crimes who are not in the custody of the Tribunal.

| (3) | The list contained in the Annex to Common Position 2004/694/CFSP should therefore be amended. |
| --- | --- |

(3)

The list contained in the Annex to Common Position 2004/694/CFSP should therefore be amended.

| (4) | Action by the Community is needed in order to implement this Decision, |
| --- | --- |

(4)

Action by the Community is needed in order to implement this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

The list of persons set out in the Annex to Common Position 2004/694/CFSP shall be replaced by the list set out in the Annex to this Decision.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 15 November 2004.

For the Council

The President

M. VAN DER HOEVEN

---

(1)  
  OJ L 315, 14.10.2004, p. 52.

1

---

ANNEX

‘
  List of persons referred to in Article 2

| 1. | Borovcanin, Ljubomir. Date of birth: 27.2.1960. Place of birth: Han Pijesak, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

1.

Borovcanin, Ljubomir. Date of birth: 27.2.1960. Place of birth: Han Pijesak, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 2. | Borovnica, Goran. Date of birth: 15.8.1965. Place of birth: Kozarac, Municipality of Prijedor, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

2.

Borovnica, Goran. Date of birth: 15.8.1965. Place of birth: Kozarac, Municipality of Prijedor, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 3. | Bralo, Miroslav. Date of birth: 13.10.1967. Place of birth: Kratine, Municipality of Vitez, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

3.

Bralo, Miroslav. Date of birth: 13.10.1967. Place of birth: Kratine, Municipality of Vitez, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 4. | Djordjevic, Vlastimir. Date of birth: 1948. Place of birth: Vladicin Han, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

4.

Djordjevic, Vlastimir. Date of birth: 1948. Place of birth: Vladicin Han, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 5. | Gotovina, Ante. Date of birth: 12.10.1955. Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia. Nationality: (a) Croatian, (b) French. |
| --- | --- |

5.

Gotovina, Ante. Date of birth: 12.10.1955. Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia. Nationality: (a) Croatian, (b) French.

| 6. | Hadzic, Goran. Date of birth: 7.9.1958. Place of birth: Vinkovci, Republic of Croatia. Nationality: Serbia and Montenegro. |
| --- | --- |

6.

Hadzic, Goran. Date of birth: 7.9.1958. Place of birth: Vinkovci, Republic of Croatia. Nationality: Serbia and Montenegro.

| 7. | Jankovic, Gojko. Date of birth: 31.10.1954. Place of birth: Trbuse, Municipality of Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

7.

Jankovic, Gojko. Date of birth: 31.10.1954. Place of birth: Trbuse, Municipality of Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 8. | Karadžić, Radovan. Date of birth: 19.6.1945. Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro. Nationality: Bosnia and Herzegovina. |
| --- | --- |

8.

Karadžić, Radovan. Date of birth: 19.6.1945. Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

| 9. | Lazarevic, Vladimir. Date of birth: 23.3.1949. Place of birth: Grncar, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

9.

Lazarevic, Vladimir. Date of birth: 23.3.1949. Place of birth: Grncar, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 10. | Lukic, Milan. Date of birth: 6.9.1967. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

10.

Lukic, Milan. Date of birth: 6.9.1967. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 11. | Lukic, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

11.

Lukic, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 12. | Lukic, Sreten. Date of birth: 28.3.1955. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: Serbia and Montenegro. |
| --- | --- |

12.

Lukic, Sreten. Date of birth: 28.3.1955. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

| 13. | Milosevic, Dragomir. Date of birth: 4.2.1942. Place of birth: Murgas, Municipality of Ub, Serbia and Montenegro. Nationality: Bosnia and Herzegovina. |
| --- | --- |

13.

Milosevic, Dragomir. Date of birth: 4.2.1942. Place of birth: Murgas, Municipality of Ub, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

| 14. | Mladić, Ratko. Date of birth: 12.3.1942. Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) Serbia and Montenegro. |
| --- | --- |

14.

Mladić, Ratko. Date of birth: 12.3.1942. Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) Serbia and Montenegro.

| 15. | Nikolic, Drago. Date of birth: 9.11.1957. Place of birth: Bratunac, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

15.

Nikolic, Drago. Date of birth: 9.11.1957. Place of birth: Bratunac, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 16. | Pandurevic, Vinko. Date of birth: 25.6.1959. Place of birth: Sokolac, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro. |
| --- | --- |

16.

Pandurevic, Vinko. Date of birth: 25.6.1959. Place of birth: Sokolac, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

| 17. | Pavkovic, Nebojsa. Date of birth: 10.4.1946. Place of birth: Senjski Rudnik, Serbia and Montenegro. Nationality: Serbia and Montenegro. |
| --- | --- |

17.

Pavkovic, Nebojsa. Date of birth: 10.4.1946. Place of birth: Senjski Rudnik, Serbia and Montenegro. Nationality: Serbia and Montenegro.

| 18. | Popovic, Vujadin. Date of birth: 14.3.1957. Place of birth: Sekovici, Bosnia and Herzegovina. Nationality: Serbia and Montenegro. |
| --- | --- |

18.

Popovic, Vujadin. Date of birth: 14.3.1957. Place of birth: Sekovici, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

| 19. | Todovic, Savo. Date of birth: 11.12.1952. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

19.

Todovic, Savo. Date of birth: 11.12.1952. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 20. | Zelenovic, Dragan. Date of birth: 12.2.1961. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina. |
| --- | --- |

20.

Zelenovic, Dragan. Date of birth: 12.2.1961. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

| 21. | Zupljanin, Stojan. Date of birth: 22.9.1951. Place of birth: Kotor Varos, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.’ |
| --- | --- |

21.

Zupljanin, Stojan. Date of birth: 22.9.1951. Place of birth: Kotor Varos, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.’

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16.11.2004

| 16.11.2004 | EN | Official Journal of the European Union | L 339/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 339/s3

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1 November 2004 — New version of EUR-Lex!

europa.eu.int/eur-lex/lex/

The new site incorporates the Celex service and provides free and easy access in 20 languages to the largest documentary database on EU law.

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