# Official Journal L 228/29 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 228 |
| | |
| English edition | Legislation | Volume 4729 June 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 228

English edition

Legislation

Volume 4729 June 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1188/2004 of 28 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 1189/2004 of 28 June 2004 fixing the import duties in the cereals sector | 3 |
| | | Commission Regulation (EC) No 1190/2004 of 28 June 2004 fixing the corrective amount applicable to the refund on cereals | 6 |
| | | Commission Regulation (EC) No 1191/2004 of 28 June 2004 fixing the export refunds on malt | 8 |
| | | Commission Regulation (EC) No 1192/2004 of 28 June 2004 fixing the corrective amount applicable to the refund on malt | 10 |
| | | Commission Regulation (EC) No 1193/2004 of 28 June 2004 fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid | 12 |
| | * | Commission Regulation (EC) No 1194/2004 of 28 June 2004 laying down transitional measures for the sale of a maximum quantity of 300000 tonnes of wheat from the national security stocks held by Poland | 14 |
| | | Commission Regulation (EC) No 1195/2004 of 28 June 2004 fixing the export refunds on cereals and on wheat or rye flour, groats and meal | 16 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1188/2004 of 28 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 1189/2004 of 28 June 2004 fixing the import duties in the cereals sector

3

Commission Regulation (EC) No 1190/2004 of 28 June 2004 fixing the corrective amount applicable to the refund on cereals

6

Commission Regulation (EC) No 1191/2004 of 28 June 2004 fixing the export refunds on malt

8

Commission Regulation (EC) No 1192/2004 of 28 June 2004 fixing the corrective amount applicable to the refund on malt

10

Commission Regulation (EC) No 1193/2004 of 28 June 2004 fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid

12

*

Commission Regulation (EC) No 1194/2004 of 28 June 2004 laying down transitional measures for the sale of a maximum quantity of 300000 tonnes of wheat from the national security stocks held by Poland

14

Commission Regulation (EC) No 1195/2004 of 28 June 2004 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

16

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2004/522/EC:Commission Decision of 28 April 2004 amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community
  (notified under document number C(2004) 1582)

   (
  1
  ) | 18 |

II   Acts whose publication is not obligatory

Commission

*

2004/522/EC:Commission Decision of 28 April 2004 amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community
  (notified under document number C(2004) 1582)

   (
  1
  )

(notified under document number C(2004) 1582)

1

18

| | | Acts adopted under Title V of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS | 21 |

Acts adopted under Title V of the Treaty on European Union

*

Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS

21

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

I Acts whose publication is obligatory

| 29.6.2004 | EN | Official Journal of the European Union | L 228/1 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/1

---

COMMISSION REGULATION (EC) No 1188/2004

of 28 June 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 29 June 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

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

1

---

ANNEX

to the Commission Regulation of 28 June 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 62,9 |
| 999 | 62,9 |
| 0707 00 05 | 052 | 92,6 |
| 999 | 92,6 |
| 0709 90 70 | 052 | 85,7 |
| 999 | 85,7 |
| 0805 50 10 | 382 | 55,6 |
| 388 | 60,5 |
| 508 | 51,4 |
| 528 | 53,1 |
| 999 | 55,2 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 83,1 |
| 400 | 112,7 |
| 404 | 106,8 |
| 508 | 61,6 |
| 512 | 73,1 |
| 528 | 76,1 |
| 720 | 55,3 |
| 804 | 95,9 |
| 999 | 83,1 |
| 0809 10 00 | 052 | 274,4 |
| 624 | 104,3 |
| 999 | 189,4 |
| 0809 20 95 | 052 | 346,6 |
| 068 | 148,4 |
| 400 | 375,9 |
| 616 | 146,8 |
| 999 | 254,4 |
| 0809 30 10 , 0809 30 90 | 052 | 155,1 |
| 624 | 106,4 |
| 999 | 130,8 |
| 0809 40 05 | 624 | 191,5 |
| 999 | 191,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

62,9

999

62,9

0707 00 05

052

92,6

999

92,6

0709 90 70

052

85,7

999

85,7

0805 50 10

382

55,6

388

60,5

508

51,4

528

53,1

999

55,2

0808 10 20 , 0808 10 50 , 0808 10 90

388

83,1

400

112,7

404

106,8

508

61,6

512

73,1

528

76,1

720

55,3

804

95,9

999

83,1

0809 10 00

052

274,4

624

104,3

999

189,4

0809 20 95

052

346,6

068

148,4

400

375,9

616

146,8

999

254,4

0809 30 10 , 0809 30 90

052

155,1

624

106,4

999

130,8

0809 40 05

624

191,5

999

191,5

---

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

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/3 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/3

---

COMMISSION REGULATION (EC) No 1189/2004

of 28 June 2004

fixing the import duties in the cereals sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 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 (EEC) No 1766/92 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 (EEC) No 1766/92 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 (EEC) No 1766/92, 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 (EEC) No 1766/92, 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 (EEC) No 1766/92 as regards import duties in the cereals sector. |
| --- | --- |

(3)

Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EEC) No 1766/92 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 (EEC) No 1766/92 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 29 June 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

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 (EEC) No 1766/92

| CN code | Description | Import duty (1)

  (EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 9,06 |
| 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 | 23,50 |
| 1005 10 90 | Maize seed other than hybrid | 44,23 |
| 1005 90 00 | Maize other than seed (2) | 44,23 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 23,50 |

CN code

Description

Import duty (1)

(EUR/tonne)

1001 10 00

Durum wheat high quality

0,00

medium quality

0,00

low quality

9,06

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

23,50

1005 10 90

Maize seed other than hybrid

44,23

1005 90 00

Maize other than seed (2)

44,23

1007 00 90

Grain sorghum other than hybrids for sowing

23,50

---

(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 per tonne, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

EUR 3 per tonne, where the port of unloading is on the Mediterranean Sea, or

| — | EUR 2 per tonne, 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 per tonne, 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 per tonne, 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 15 June 2004 to 25 June 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) | 138,61  (*3) | 91,55 | 155,80  (*4) | 145,80  (*4) | 125,80  (*4) | 106,95  (*4) |
| Gulf premium (EUR/t) | — | 9,56 | — | | | — |
| Great Lakes premium (EUR/t) | 9,13 | — | — | | | — |

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)

138,61  (*3)

91,55

155,80  (*4)

145,80  (*4)

125,80  (*4)

106,95  (*4)

Gulf premium (EUR/t)

—

9,56

—

—

Great Lakes premium (EUR/t)

9,13

—

—

—

2.

Freight/cost: Gulf of Mexico–Rotterdam: 21,78 EUR/t; Great Lakes–Rotterdam: 32,26 EUR/t.

3.

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

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

0,00  EUR/t (HRW2)

0,00  EUR/t (SRW2).

---

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

*1

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

*2

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

*3

(*4)  Fob Duluth.

*4

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/6 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/6

---

COMMISSION REGULATION (EC) No 1190/2004

of 28 June 2004

fixing the corrective amount applicable to the refund on cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), and in particular Article 13(8) thereof,

Whereas:

| (1) | Article 13(8) of Regulation (EEC) No 1766/92 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund. |
| --- | --- |

(1)

Article 13(8) of Regulation (EEC) No 1766/92 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

| (2) | Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(1)(c) of Regulation (EEC) No 1766/92. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95. |
| --- | --- |

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(1)(c) of Regulation (EEC) No 1766/92. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

| (3) | The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination. |
| --- | --- |

(3)

The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.

| (4) | The corrective amount must be fixed at the same time as the refund and according to the same procedure; it may be altered in the period between fixings. |
| --- | --- |

(4)

The corrective amount must be fixed at the same time as the refund and according to the same procedure; it may be altered in the period between fixings.

| (5) | It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto. |
| --- | --- |

(5)

It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 1(1)(a), (b) and (c) of Regulation (EEC) No 1766/92 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

---

ANNEX

to the Commission Regulation of 28 June 2004 fixing the corrective amount applicable to the refund on cereals

| (EUR/t) |
| --- |
| Product code | Destination | Current
  7 | 1st period
  8 | 2nd period
  9 | 3rd period
  10 | 4th period
  11 | 5th period
  12 | 6th period
  1 |
| 1001 10 00 9200 | — | — | — | — | — | — | — | — |
| 1001 10 00 9400 | — | — | — | — | — | — | — | — |
| 1001 90 91 9000 | — | — | — | — | — | — | — | — |
| 1001 90 99 9000 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1002 00 00 9000 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1003 00 10 9000 | — | — | — | — | — | — | — | — |
| 1003 00 90 9000 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1004 00 00 9200 | — | — | — | — | — | — | — | — |
| 1004 00 00 9400 | A00 | 0 | –10 | –10 | –10 | –10 | — | — |
| 1005 10 90 9000 | — | — | — | — | — | — | — | — |
| 1005 90 00 9000 | — | — | — | — | — | — | — | — |
| 1007 00 90 9000 | — | — | — | — | — | — | — | — |
| 1008 20 00 9000 | — | — | — | — | — | — | — | — |
| 1101 00 11 9000 | — | — | — | — | — | — | — | — |
| 1101 00 15 9100 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1101 00 15 9130 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1101 00 15 9150 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1101 00 15 9170 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1101 00 15 9180 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1101 00 15 9190 | — | — | — | — | — | — | — | — |
| 1101 00 90 9000 | — | — | — | — | — | — | — | — |
| 1102 10 00 9500 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1102 10 00 9700 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1102 10 00 9900 | — | — | — | — | — | — | — | — |
| 1103 11 10 9200 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1103 11 10 9400 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1103 11 10 9900 | — | — | — | — | — | — | — | — |
| 1103 11 90 9200 | A00 | 0 | 0 | 0 | 0 | 0 | — | — |
| 1103 11 90 9800 | — | — | — | — | — | — | — | — |
| NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.
  The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). |

(EUR/t)

Product code

Destination

Current

7

1st period

8

2nd period

9

3rd period

10

4th period

11

5th period

12

6th period

1

1001 10 00 9200

—

—

—

—

—

—

—

—

1001 10 00 9400

—

—

—

—

—

—

—

—

1001 90 91 9000

—

—

—

—

—

—

—

—

1001 90 99 9000

A00

0

0

0

0

0

—

—

1002 00 00 9000

A00

0

0

0

0

0

—

—

1003 00 10 9000

—

—

—

—

—

—

—

—

1003 00 90 9000

A00

0

0

0

0

0

—

—

1004 00 00 9200

—

—

—

—

—

—

—

—

1004 00 00 9400

A00

0

–10

–10

–10

–10

—

—

1005 10 90 9000

—

—

—

—

—

—

—

—

1005 90 00 9000

—

—

—

—

—

—

—

—

1007 00 90 9000

—

—

—

—

—

—

—

—

1008 20 00 9000

—

—

—

—

—

—

—

—

1101 00 11 9000

—

—

—

—

—

—

—

—

1101 00 15 9100

A00

0

0

0

0

0

—

—

1101 00 15 9130

A00

0

0

0

0

0

—

—

1101 00 15 9150

A00

0

0

0

0

0

—

—

1101 00 15 9170

A00

0

0

0

0

0

—

—

1101 00 15 9180

A00

0

0

0

0

0

—

—

1101 00 15 9190

—

—

—

—

—

—

—

—

1101 00 90 9000

—

—

—

—

—

—

—

—

1102 10 00 9500

A00

0

0

0

0

0

—

—

1102 10 00 9700

A00

0

0

0

0

0

—

—

1102 10 00 9900

—

—

—

—

—

—

—

—

1103 11 10 9200

A00

0

0

0

0

0

—

—

1103 11 10 9400

A00

0

0

0

0

0

—

—

1103 11 10 9900

—

—

—

—

—

—

—

—

1103 11 90 9200

A00

0

0

0

0

0

—

—

1103 11 90 9800

—

—

—

—

—

—

—

—

NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/8 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/8

---

COMMISSION REGULATION (EC) No 1191/2004

of 28 June 2004

fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), and in particular the third subparagraph of Article 13(2) thereof,

Whereas:

| (1) | Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

| (2) | The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2). |
| --- | --- |

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

| (3) | The refund applicable in the case of malts must be calculated with amount taken of the quantity of cereals required to manufacture the products in question. The said quantities are laid down in Regulation (EC) No 1501/95. |
| --- | --- |

(3)

The refund applicable in the case of malts must be calculated with amount taken of the quantity of cereals required to manufacture the products in question. The said quantities are laid down in Regulation (EC) No 1501/95.

| (4) | The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
| --- | --- |

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

| (5) | The refund must be fixed once a month. It may be altered in the intervening period. |
| --- | --- |

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

| (6) | It follows from applying these rules to the present situation on markets in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto. |
| --- | --- |

(6)

It follows from applying these rules to the present situation on markets in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on malt listed in Article 1(1)(c) of Regulation (EEC) No 1766/92 shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

---

ANNEX

to the Commission Regulation of 28 June 2004 fixing the export refunds on malt

| Product code | Destination | Unit of measurement | Amount of refunds |
| --- | --- | --- | --- |
| 1107 10 19 9000 | A00 | EUR/t | 0,00 |
| 1107 10 99 9000 | A00 | EUR/t | 0,00 |
| 1107 20 00 9000 | A00 | EUR/t | 0,00 |
| NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.
  The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). |

Product code

Destination

Unit of measurement

Amount of refunds

1107 10 19 9000

A00

EUR/t

0,00

1107 10 99 9000

A00

EUR/t

0,00

1107 20 00 9000

A00

EUR/t

0,00

NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/10 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/10

---

COMMISSION REGULATION (EC) No 1192/2004

of 28 June 2004

fixing the corrective amount applicable to the refund on malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1), and in particular Article 13(8),

Whereas:

| (1) | Article 13(8) of Regulation (EEC) No 1766/92 provides that the export refund applicable to cereals on the day on which application for an export licence is made, adjusted for the threshold price in force during the month of exportation, must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund. |
| --- | --- |

(1)

Article 13(8) of Regulation (EEC) No 1766/92 provides that the export refund applicable to cereals on the day on which application for an export licence is made, adjusted for the threshold price in force during the month of exportation, must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.

| (2) | Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2) allows for the fixing of a corrective amount for the malt referred to in Article 1(1)(c) of Regulation (EEC) No 1766/92. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95. |
| --- | --- |

(2)

Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2) allows for the fixing of a corrective amount for the malt referred to in Article 1(1)(c) of Regulation (EEC) No 1766/92. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.

| (3) | It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto. |
| --- | --- |

(3)

It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

The corrective amount referred to in Article 13(4) of Regulation (EEC) No 1766/92 which is applicable to export refunds fixed in advance in respect of malt shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

---

ANNEX

to the Commission Regulation of 28 June 2004 fixing the corrective amount applicable to the refund on malt

NB: The product codes and the ‘
  A
  ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

| (EUR/t) |
| --- |
| Product code | Destination | Current
  7 | 1st period
  8 | 2nd period
  9 | 3rd period
  10 | 4th period
  11 | 5th period
  12 |
| 1107 10 11 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 19 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 91 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 99 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 20 00 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |

(EUR/t)

Product code

Destination

Current

7

1st period

8

2nd period

9

3rd period

10

4th period

11

5th period

12

1107 10 11 9000

A00

0

0

0

0

0

0

1107 10 19 9000

A00

0

0

0

0

0

0

1107 10 91 9000

A00

0

0

0

0

0

0

1107 10 99 9000

A00

0

0

0

0

0

0

1107 20 00 9000

A00

0

0

0

0

0

0

| (EUR/t) |
| --- |
| Product code | Destination | 6th period
  1 | 7th period
  2 | 8th period
  3 | 9th period
  4 | 10th period
  5 | 11th period
  6 |
| 1107 10 11 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 19 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 91 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 10 99 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1107 20 00 9000 | A00 | 0 | 0 | 0 | 0 | 0 | 0 |

(EUR/t)

Product code

Destination

6th period

1

7th period

2

8th period

3

9th period

4

10th period

5

11th period

6

1107 10 11 9000

A00

0

0

0

0

0

0

1107 10 19 9000

A00

0

0

0

0

0

0

1107 10 91 9000

A00

0

0

0

0

0

0

1107 10 99 9000

A00

0

0

0

0

0

0

1107 20 00 9000

A00

0

0

0

0

0

0

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/12 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/12

---

COMMISSION REGULATION (EC) No 1193/2004

of 28 June 2004

fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1) and in particular the third subparagraph of Article 13(2) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,

Whereas:

| (1) | Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section. |
| --- | --- |

(1)

Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.

| (2) | In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined. |
| --- | --- |

(2)

In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.

| (3) | The general and implementing rules provided for in Article 13 of Regulation (EEC) No 1766/92 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations. |
| --- | --- |

(3)

The general and implementing rules provided for in Article 13 of Regulation (EEC) No 1766/92 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.

| (4) | The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95. |
| --- | --- |

(4)

The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Commission Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

2

(3)  
  OJ L 288, 25.10.1974, p. 1.

3

---

ANNEX

to the Commission Regulation of 28 June 2004 fixing the refunds applicable to cereal and rice sector products supplied as Comunity and national food aid

| (EUR/t) |
| --- |
| Product code | Refund |
| 1001 10 00 9400 | 0,00 |
| 1001 90 99 9000 | 0,00 |
| 1002 00 00 9000 | 0,00 |
| 1003 00 90 9000 | 0,00 |
| 1005 90 00 9000 | 0,00 |
| 1006 30 92 9100 | 50,00 |
| 1006 30 92 9900 | 50,00 |
| 1006 30 94 9100 | 50,00 |
| 1006 30 94 9900 | 50,00 |
| 1006 30 96 9100 | 50,00 |
| 1006 30 96 9900 | 50,00 |
| 1006 30 98 9100 | 50,00 |
| 1006 30 98 9900 | 50,00 |
| 1006 30 65 9900 | 50,00 |
| 1007 00 90 9000 | 0,00 |
| 1101 00 15 9100 | 0,00 |
| 1101 00 15 9130 | 0,00 |
| 1102 10 00 9500 | 0,00 |
| 1102 20 10 9200 | 43,08 |
| 1102 20 10 9400 | 36,92 |
| 1103 11 10 9200 | 0,00 |
| 1103 13 10 9100 | 55,39 |
| 1104 12 90 9100 | 0,00 |
| NB: The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), amended. |

(EUR/t)

Product code

Refund

1001 10 00 9400

0,00

1001 90 99 9000

0,00

1002 00 00 9000

0,00

1003 00 90 9000

0,00

1005 90 00 9000

0,00

1006 30 92 9100

50,00

1006 30 92 9900

50,00

1006 30 94 9100

50,00

1006 30 94 9900

50,00

1006 30 96 9100

50,00

1006 30 96 9900

50,00

1006 30 98 9100

50,00

1006 30 98 9900

50,00

1006 30 65 9900

50,00

1007 00 90 9000

0,00

1101 00 15 9100

0,00

1101 00 15 9130

0,00

1102 10 00 9500

0,00

1102 20 10 9200

43,08

1102 20 10 9400

36,92

1103 11 10 9200

0,00

1103 13 10 9100

55,39

1104 12 90 9100

0,00

NB: The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), amended.

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/14 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/14

---

COMMISSION REGULATION (EC) No 1194/2004

of 28 June 2004

laying down transitional measures for the sale of a maximum quantity of 300 000 tonnes of wheat from the national security stocks held by Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,

Whereas:

| (1) | Under Article 6 of Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), the Polish authorities have informed the Commission that they intend to sell a maximum quantity of 300 000 tonnes of wheat from national security stocks as part of a rotation procedure. |
| --- | --- |

(1)

Under Article 6 of Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), the Polish authorities have informed the Commission that they intend to sell a maximum quantity of 300 000 tonnes of wheat from national security stocks as part of a rotation procedure.

| (2) | The sale of such a large quantity of wheat is liable to disturb the Community market in cereals. Transitional measures should therefore be taken to lay down conditions for sale similar to those provided for in Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) to ensure that operators are treated equally and market conditions respected. |
| --- | --- |

(2)

The sale of such a large quantity of wheat is liable to disturb the Community market in cereals. Transitional measures should therefore be taken to lay down conditions for sale similar to those provided for in Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) to ensure that operators are treated equally and market conditions respected.

| (3) | Since any restocking operation could also disturb the Community market, a procedure should be introduced allowing the Commission to approve the restocking arrangements. |
| --- | --- |

(3)

Since any restocking operation could also disturb the Community market, a procedure should be introduced allowing the Commission to approve the restocking arrangements.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down transitional rules for the sale of a maximum quantity of 300 000 tonnes of wheat from the national security stocks held by the Polish authorities on 1 May 2004 and any subsequent restocking operations.

Article 2

The agency responsible for managing the Polish security stocks, details of which are set out in the Annex hereto, shall sell the quantity of wheat referred to in Article 1 on the Community market by standing invitation to tender until 31 August 2004.

For the purposes of this Regulation, selling by tender means offering for sale by inviting tenders, the contract being awarded to the person tendering the best price and observing the requirements of this Regulation.

Article 3

The agency referred to in the first paragraph of Article 2 shall publish a notice of invitation to tender at least three days before the closing date of the first period for submission of tenders.

The invitation shall indicate in particular:

| a) | the tendering periods for each partial tendering procedure and the address for submission of tenders; |
| --- | --- |

a)

the tendering periods for each partial tendering procedure and the address for submission of tenders;

| b) | the minimum quantities which tenders may cover; |
| --- | --- |

b)

the minimum quantities which tenders may cover;

| c) | the securities to be lodged and the terms of their release; |
| --- | --- |

c)

the securities to be lodged and the terms of their release;

| d) | the main physical and technical characteristics of the various lots; |
| --- | --- |

d)

the main physical and technical characteristics of the various lots;

| e) | the places of storage and the name and address of the storer; |
| --- | --- |

e)

the places of storage and the name and address of the storer;

| f) | the payment terms. |
| --- | --- |

f)

the payment terms.

The closing date for submission of tenders for the first partial tendering procedure shall be the fifth working day after the publication of this Regulation in the Official Journal of the European Union.

Article 4

Successful tenders must quote a price at least equal to the price recorded for an equivalent quality and for a representative quantity on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs. It may not be less than EUR 108,76 per tonne.

Article 5

The agency referred to in the first paragraph of Article 2 shall take all measures necessary to enable interested parties to assess the quality of cereals put up for sale before submitting their tenders.

Article 6

The agency referred to in the first paragraph of Article 2 shall immediately inform all tenderers of the outcome of their participation in the tendering procedure. They shall forward statements of award of contract to the successful tenderers within three working days of the said notification, by registered letter or written telecommunication.

Article 7

The agency referred to in the first paragraph of Article 2 shall notify the Commission of the quantity and average prices of the various lots sold no later than Tuesday of the week following the closing date for the submission of tenders.

Article 8

The arrangements for restocking the wheat stock referred to in this Regulation shall be approved by the Commission before they are implemented, to ensure that the Community market in cereals is not disturbed.

Article 9

This Regulation shall enter into force on the 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, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 293, 11.11.2003, p. 3. Regulation as last amended by Regulation (EC) No 735/2004 (OJ L 114, 21.4.2004, p. 13).

1

(2)  
  OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

---

ANNEX

Agency responsible for managing the Polish security stocks as referred to in Article 2:

| AGENCY FOR MATERIAL RESERVE |
| --- |
| 00-400 Warszawa ul. Nowy Świat 6/12 |
| Tel. +48 (22) 826 15 43 |
| Fax +48 (22) 583 83 59 |

AGENCY FOR MATERIAL RESERVE

00-400 Warszawa ul. Nowy Świat 6/12

Tel. +48 (22) 826 15 43

Fax +48 (22) 583 83 59

---

| 29.6.2004 | EN | Official Journal of the European Union | L 228/16 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/16

---

COMMISSION REGULATION (EC) No 1195/2004

of 28 June 2004

fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), and in particular Article 13(2) thereof,

Whereas:

| (1) | Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.

| (2) | The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2). |
| --- | --- |

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

| (3) | As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95. |
| --- | --- |

(3)

As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.

| (4) | The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
| --- | --- |

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

| (5) | The refund must be fixed once a month. It may be altered in the intervening period. |
| --- | --- |

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

| (6) | It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto. |
| --- | --- |

(6)

It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EEC) No 1766/92, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 28 June 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

---

ANNEX

to the Commission Regulation of 28 June 2004 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

| Product code | Destination | Unit of measurement | Amount of refunds |
| --- | --- | --- | --- |
| 1001 10 00 9200 | — | EUR/t | — |
| 1001 10 00 9400 | — | EUR/t | — |
| 1001 90 91 9000 | — | EUR/t | — |
| 1001 90 99 9000 | A00 | EUR/t | 0 |
| 1002 00 00 9000 | A00 | EUR/t | 0 |
| 1003 00 10 9000 | — | EUR/t | — |
| 1003 00 90 9000 | A00 | EUR/t | 0 |
| 1004 00 00 9200 | — | EUR/t | — |
| 1004 00 00 9400 | A00 | EUR/t | 0 |
| 1005 10 90 9000 | — | EUR/t | — |
| 1005 90 00 9000 | — | EUR/t | — |
| 1007 00 90 9000 | — | EUR/t | — |
| 1008 20 00 9000 | — | EUR/t | — |
| 1101 00 11 9000 | — | EUR/t | — |
| 1101 00 15 9100 | A00 | EUR/t | 0 |
| 1101 00 15 9130 | A00 | EUR/t | 0 |
| 1101 00 15 9150 | A00 | EUR/t | 0 |
| 1101 00 15 9170 | A00 | EUR/t | 0 |
| 1101 00 15 9180 | A00 | EUR/t | 0 |
| 1101 00 15 9190 | — | EUR/t | — |
| 1101 00 90 9000 | — | EUR/t | — |
| 1102 10 00 9500 | A00 | EUR/t | 0 |
| 1102 10 00 9700 | A00 | EUR/t | 0 |
| 1102 10 00 9900 | — | EUR/t | — |
| 1103 11 10 9200 | A00 | EUR/t | 0 |
| 1103 11 10 9400 | A00 | EUR/t | 0 |
| 1103 11 10 9900 | — | EUR/t | — |
| 1103 11 90 9200 | A00 | EUR/t | 0 |
| 1103 11 90 9800 | — | EUR/t | — |
| NB: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended. |

Product code

Destination

Unit of measurement

Amount of refunds

1001 10 00 9200

—

EUR/t

—

1001 10 00 9400

—

EUR/t

—

1001 90 91 9000

—

EUR/t

—

1001 90 99 9000

A00

EUR/t

0

1002 00 00 9000

A00

EUR/t

0

1003 00 10 9000

—

EUR/t

—

1003 00 90 9000

A00

EUR/t

0

1004 00 00 9200

—

EUR/t

—

1004 00 00 9400

A00

EUR/t

0

1005 10 90 9000

—

EUR/t

—

1005 90 00 9000

—

EUR/t

—

1007 00 90 9000

—

EUR/t

—

1008 20 00 9000

—

EUR/t

—

1101 00 11 9000

—

EUR/t

—

1101 00 15 9100

A00

EUR/t

0

1101 00 15 9130

A00

EUR/t

0

1101 00 15 9150

A00

EUR/t

0

1101 00 15 9170

A00

EUR/t

0

1101 00 15 9180

A00

EUR/t

0

1101 00 15 9190

—

EUR/t

—

1101 00 90 9000

—

EUR/t

—

1102 10 00 9500

A00

EUR/t

0

1102 10 00 9700

A00

EUR/t

0

1102 10 00 9900

—

EUR/t

—

1103 11 10 9200

A00

EUR/t

0

1103 11 10 9400

A00

EUR/t

0

1103 11 10 9900

—

EUR/t

—

1103 11 90 9200

A00

EUR/t

0

1103 11 90 9800

—

EUR/t

—

NB: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.

---

II Acts whose publication is not obligatory

Commission

| 29.6.2004 | EN | Official Journal of the European Union | L 228/18 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/18

---

COMMISSION DECISION

of 28 April 2004

amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community

(notified under document number C(2004) 1582)

(Text with EEA relevance)

(2004/522/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the first subparagraph of Article 2(1)(h) thereof,

Whereas:

| (1) | Article 20 of the Act of Accession of 2003, refers to Annex II to this Act, which contains adaptations to the acquis required by accession. However, Annex II in principle only takes into account adaptations to acts adopted before the cut-off date for the accession negotiations, i.e. 1 November 2002. |
| --- | --- |

(1)

Article 20 of the Act of Accession of 2003, refers to Annex II to this Act, which contains adaptations to the acquis required by accession. However, Annex II in principle only takes into account adaptations to acts adopted before the cut-off date for the accession negotiations, i.e. 1 November 2002.

| (2) | It is however necessary to make additional adaptations to the acquis, in particular to acts adopted after that date as well as to acts which could not be included in Annex II or which, because of changed circumstances, require new adaptations. |
| --- | --- |

(2)

It is however necessary to make additional adaptations to the acquis, in particular to acts adopted after that date as well as to acts which could not be included in Annex II or which, because of changed circumstances, require new adaptations.

| (3) | Commission Directive 2001/32/EC of 8 May 2001 recognising certain protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EC (2), was amended on several occasions after 1 November 2002 in respect of certain provisions that were adapted by the Act of Accession of 2003. |
| --- | --- |

(3)

Commission Directive 2001/32/EC of 8 May 2001 recognising certain protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EC (2), was amended on several occasions after 1 November 2002 in respect of certain provisions that were adapted by the Act of Accession of 2003.

| (4) | In the interest of clarity it is appropriate to establish an updated complete list of such zones. Directive 2001/32/EC should, therefore, be amended accordingly. |
| --- | --- |

(4)

In the interest of clarity it is appropriate to establish an updated complete list of such zones. Directive 2001/32/EC should, therefore, be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

Directive 2001/32/EC is amended as follows:

| 1. | Article 1 is replaced by the following:

  ‘Article 1
  The zones in the Community listed in the Annex are hereby recognised as protected zones referred to in the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in the Annex to this Directive.
  In the case of point (a)(3.1) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.
  In the case of point (a)(6) of the Annex, the said zones in Latvia, Slovenia and Slovakia are recognised until 31 March 2006.
  In the case of point (a)(11) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.
  In the case of point (a)(13) of the Annex, the said zones in Cyprus and Malta are recognised until 31 March 2006.
  In the case of point (b)(2) of the Annex, for Ireland, Italy (Apulia, Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardy; Trentino-Alto Adige: autonomous province of Trento; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Slovenia and Slovakia the said zones are recognised until 31 March 2006.
  In the case of point (d)(1) of the Annex, the said zone in Lithuania is recognised until 31 March 2006.
  In the case of point (d)(3) of the Annex, the said zone in Malta is recognised until 31 March 2006.’; |
| --- | --- |

1.

Article 1 is replaced by the following:

‘Article 1

The zones in the Community listed in the Annex are hereby recognised as protected zones referred to in the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in the Annex to this Directive.

In the case of point (a)(3.1) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.

In the case of point (a)(6) of the Annex, the said zones in Latvia, Slovenia and Slovakia are recognised until 31 March 2006.

In the case of point (a)(11) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.

In the case of point (a)(13) of the Annex, the said zones in Cyprus and Malta are recognised until 31 March 2006.

In the case of point (b)(2) of the Annex, for Ireland, Italy (Apulia, Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardy; Trentino-Alto Adige: autonomous province of Trento; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Slovenia and Slovakia the said zones are recognised until 31 March 2006.

In the case of point (d)(1) of the Annex, the said zone in Lithuania is recognised until 31 March 2006.

In the case of point (d)(3) of the Annex, the said zone in Malta is recognised until 31 March 2006.’;

| 2. | The Annex is amended in accordance with the Annex to this Decision. |
| --- | --- |

2.

The Annex is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply subject to and as from the date of entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 April 2004.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).

1

(2)  
  OJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive 2004/32/EC (OJ L 85, 23.3.2004, p. 24).

2

---

ANNEX

The Annex to Directive 2001/32/EC is amended as follows:

| 1. | Under heading (b), point 2 is replaced by the following:












  ‘2. | Erwinia amylovora (Burr.) Winsl. et al |
| --- | --- | --- |

1.

Under heading (b), point 2 is replaced by the following:

‘2.

Erwinia amylovora (Burr.) Winsl. et al

Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Trentino-Alto Adige: autonomous province of Trento; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Portugal, Slovenia, Slovakia, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)’

| 2. | Under heading (d), point 1 is replaced by the following:












  ‘1. | Beet necrotic yellow vein virus |
| --- | --- | --- |

2.

Under heading (d), point 1 is replaced by the following:

‘1.

Denmark, France (Brittany), Ireland, Lithuania, Portugal (Azores), Finland, United Kingdom (Northern Ireland)’

---

Acts adopted under Title V of the Treaty on European Union

| 29.6.2004 | EN | Official Journal of the European Union | L 228/21 |
| --- | --- | --- | --- |

29.6.2004

EN

Official Journal of the European Union

L 228/21

---

COUNCIL JOINT ACTION 2004/523/CFSP

of 28 June 2004

on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 14, Article 25, third paragraph and Article 26 thereof,

Whereas:

| (1) | The European Union (EU) has initiated a greater engagement towards the South Caucasus, as the appointment of a European Union Special Representative (EUSR) for this region already demonstrated. Through the presence of the EUSR, the EU will continue to ensure coordination of the efforts made by the international community in Georgia and contribute to ongoing reform efforts by the new government. |
| --- | --- |

(1)

The European Union (EU) has initiated a greater engagement towards the South Caucasus, as the appointment of a European Union Special Representative (EUSR) for this region already demonstrated. Through the presence of the EUSR, the EU will continue to ensure coordination of the efforts made by the international community in Georgia and contribute to ongoing reform efforts by the new government.

| (2) | The EU aims to support the transition process in Georgia through the full range of EU instruments, including the Partnership and Cooperation Agreement, which is being implemented through a number of EC programmes in Georgia. In the field of the rule of law, the new Georgian Government has taken some decisive steps since coming to power. The EU is willing to help Georgia in its further progress and is committed in particular to continue to assist the new government in its efforts to bring local standards with regard to rule of law closer to international and EU standards, in full and close cooperation with other international actors, in particular the OSCE. |
| --- | --- |

(2)

The EU aims to support the transition process in Georgia through the full range of EU instruments, including the Partnership and Cooperation Agreement, which is being implemented through a number of EC programmes in Georgia. In the field of the rule of law, the new Georgian Government has taken some decisive steps since coming to power. The EU is willing to help Georgia in its further progress and is committed in particular to continue to assist the new government in its efforts to bring local standards with regard to rule of law closer to international and EU standards, in full and close cooperation with other international actors, in particular the OSCE.

| (3) | The security situation in Georgia is stable but may deteriorate with potentially serious repercussions on regional and international security and the strengthening of democracy and the rule of law. A commitment of EU political effort and resources will help to embed stability in the region. |
| --- | --- |

(3)

The security situation in Georgia is stable but may deteriorate with potentially serious repercussions on regional and international security and the strengthening of democracy and the rule of law. A commitment of EU political effort and resources will help to embed stability in the region.

| (4) | On 3 June 2004, the Prime Minister of Georgia, Mr Zhvania, invited the EU to deploy an EU Rule of Law Mission in the context of ESDP in Georgia, stating that appropriate arrangements with regard to the status and the activities of the mission should be concluded. An agreement will need to be concluded to this end between the authorities of Georgia and the EU. |
| --- | --- |

(4)

On 3 June 2004, the Prime Minister of Georgia, Mr Zhvania, invited the EU to deploy an EU Rule of Law Mission in the context of ESDP in Georgia, stating that appropriate arrangements with regard to the status and the activities of the mission should be concluded. An agreement will need to be concluded to this end between the authorities of Georgia and the EU.

| (5) | In conformity with the guidelines of the European Council meeting at Nice on 7 to 9 December 2000, this Joint Action should determine the role of the Secretary General/High Representative (SG/HR) in accordance with Articles 18 and 26 of the TEU in the implementation of measures falling within the political control and strategic direction exercised by the Political and Security Committee (PSC), in accordance with Article 25 of the TEU. |
| --- | --- |

(5)

In conformity with the guidelines of the European Council meeting at Nice on 7 to 9 December 2000, this Joint Action should determine the role of the Secretary General/High Representative (SG/HR) in accordance with Articles 18 and 26 of the TEU in the implementation of measures falling within the political control and strategic direction exercised by the Political and Security Committee (PSC), in accordance with Article 25 of the TEU.

| (6) | In the context of this mission and in view of its limited size, only EU Member States shall participate. |
| --- | --- |

(6)

In the context of this mission and in view of its limited size, only EU Member States shall participate.

| (7) | Article 14(1) of the TEU calls for the indication of a financial reference amount for the whole period of implementation of the Joint Action; the indication of amounts to be financed by the Community budget illustrates the will of the legislative authority and is subject to the availability of commitment appropriations during the respective budget year, |
| --- | --- |

(7)

Article 14(1) of the TEU calls for the indication of a financial reference amount for the whole period of implementation of the Joint Action; the indication of amounts to be financed by the Community budget illustrates the will of the legislative authority and is subject to the availability of commitment appropriations during the respective budget year,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

1.   The European Union hereby establishes an EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS, comprising a planning phase beginning no later than 1 July 2004 and an operational phase beginning no later than 15 July 2004.

2.   EUJUST THEMIS shall operate in accordance with the objectives and other provisions as contained in the mission statement set out in Article 2.

Article 2

Mission statement

1.   EUJUST THEMIS, shall, in full coordination with, and in complementarity to, EC programmes, as well as other donors' programmes, assist in the development of a horizontal governmental strategy guiding the reform process for all relevant stakeholders within the criminal justice sector, including the establishment of a mechanism for coordination and priority setting for the criminal justice reform.

2.   Within its means and capabilities, EUJUST THEMIS more specifically could:

| (a) | Provide urgent guidance for the new criminal justice reform strategy; |
| --- | --- |

(a)

Provide urgent guidance for the new criminal justice reform strategy;

| (b) | Support the overall coordinating role of the relevant Georgian authorities in the field of judicial reform and anti-corruption; |
| --- | --- |

(b)

Support the overall coordinating role of the relevant Georgian authorities in the field of judicial reform and anti-corruption;

| (c) | Support the planning for new legislation as necessary, e.g. Criminal Procedure Code;
  secondarily: |
| --- | --- |

(c)

Support the planning for new legislation as necessary, e.g. Criminal Procedure Code;

secondarily:

| (d) | Support the development of international as well as regional cooperation in the area of criminal justice. |
| --- | --- |

(d)

Support the development of international as well as regional cooperation in the area of criminal justice.

3.   EUJUST THEMIS shall help develop an overall policy and improve top-level planning and performance capabilities in the areas identified as requiring urgent assistance.

Article 3

Structure

1.   EUJUST THEMIS shall, in principle, be structured as follows:

| (a) | mission Head Office in Tbilisi, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN); |
| --- | --- |

(a)

mission Head Office in Tbilisi, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN);

| (b) | experts co-located, for instance, at the following key positions within the Georgian authorities:






  — | the Prime Minister’s Office, |
| --- | --- | --- |

(b)

experts co-located, for instance, at the following key positions within the Georgian authorities:

—

the Prime Minister’s Office,

| — | the Ministry of Justice, |
| --- | --- |

—

the Ministry of Justice,

| — | the National Security Council, |
| --- | --- |

—

the National Security Council,

| — | the Council of Justice, |
| --- | --- |

—

the Council of Justice,

| — | the Prosecutor General’s Office, |
| --- | --- |

—

the Prosecutor General’s Office,

| — | the Public Defender’s Office. |
| --- | --- |

—

the Public Defender’s Office.

2.   The exact deployment will depend on a more detailed needs assessment at the beginning of the mission, to be carried out in close coordination with the Georgian authorities as well as the Commission and international donors.

Article 4

Head of Mission and mission experts

1.   The Head of Mission shall assume the day-to-day management of EUJUST THEMIS activities and shall be responsible for staff and disciplinary matters.

2.   The Head of Mission shall sign a contract with the Commission.

3.   All mission experts in the EUJUST THEMIS staff shall remain under the authority of the appropriate EU Member State or institution and shall carry out their duties and act in the interest of the mission. Both during and after the mission, the mission experts shall exercise the greatest discretion with regard to all facts and information relating to the mission.

Article 5

Planning phase

1.   During the planning phase of the mission, a planning team shall be established and shall comprise the Head of Mission, who shall lead the planning team, and the necessary staff to deal with functions ensuing from the needs of the mission.

2.   A comprehensive situation assessment will be carried out as a priority in the planning process and may be updated as necessary.

3.   The planning team shall draw up an OPLAN and develop all technical instruments necessary to execute EUJUST THEMIS. The OPLAN will take into account the comprehensive situation assessment. The Council shall approve the OPLAN.

4.   The planning team shall work in close coordination with relevant international actors including the OSCE, the Council of Europe and bilateral donors.

Article 6

Staff

1.   The numbers and competences of EUJUST THEMIS staff shall be consistent with the mission statement set out in Article 2 and the structure set out in Article 3.

2.   Mission experts shall be seconded by EU Member States or institutions. The period of secondment should be one year. Each Member State shall bear the costs related to the mission experts seconded by it, including salaries, medical coverage, allowances other than per diems and travel expenses to and from Georgia.

3.   International staff and local staff shall be recruited on a contractual basis by EUJUST THEMIS as required.

Article 7

Status of staff

1.   The status of EUJUST THEMIS staff in Georgia, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUJUST THEMIS shall be agreed in accordance with the procedure laid down in Article 24 of the TEU. The SG/HR, assisting the Presidency, may negotiate such arrangement on its behalf.

2.   The EU Member State or institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The EU Member State or institution in question shall be responsible for bringing any action against the secondee.

Article 8

Chain of command

1.   The structure of EUJUST THEMIS, as part of the broader EU Rule of Law approach in Georgia, shall have a unified chain of command, as a crisis management operation.

2.   The EUSR shall report to the Council through the SG/HR.

3.   The PSC shall provide the political control and strategic direction.

4.   The Head of Mission shall lead EUJUST THEMIS and assume its day-to-day management.

5.   The Head of Mission shall report to the SG/HR through the EUSR.

6.   The SG/HR shall give guidance to the Head of Mission through the EUSR.

Article 9

Political control and strategic direction

1.   The PSC shall exercise, under the responsibility of the Council, the political control and strategic direction of the mission. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 25 of the TEU. This authorisation shall include the powers to appoint, upon a proposal by the SG/HR, a Head of Mission, and to amend the OPLAN and the Chain of Command. The powers of decision with respect to the objectives and termination of the operation shall remain vested in the Council, assisted by the SG/HR.

2.   PSC shall report to the Council at regular intervals.

3.   The PSC shall receive reports by the Head of Mission regarding the conduct of the mission, at regular intervals. The PSC may invite the Head of Mission to its meetings as appropriate.

Article 10

Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the mission shall be EUR 2 050 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union with the exception that any pre-financing shall not remain the property of the Community. Nationals of third states shall be allowed to tender for contracts.

3.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.

4.   The financial arrangements shall respect the operational requirements of EUJUST THEMIS, including compatibility of equipment.

5.   Expenditure shall be eligible as of the date of entry into force of this Joint Action.

Article 11

Community action

1.   The Council notes the intention of the Commission to direct its action towards achieving the objectives of this Joint Action, where appropriate, by relevant Community instruments.

2.   The Council also notes that coordination arrangements are required in Tbilisi as well as in Brussels.

Article 12

Release of classified information

The SG/HR is authorised to release to the host state, the OSCE and the Council of Europe, and the UN, as appropriate and in accordance with the operational needs of the Mission, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the operation, in accordance with the Council's security regulations. Local arrangements will be drawn up for this purpose.

Article 13

Entry into force

This Joint Action shall enter into force on the date of its adoption.

It shall expire on 14 July 2005.

Article 14

Publication

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

Official Journal of the European Union

Done at Luxembourg, 28 June 2004.

For the Council

The President

M. CULLEN

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