----

----

I Acts whose publication is obligatory

----

            COUNCIL REGULATION (EC) No 485/2005

of 16 March 2005         

amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the tsunami in 2004

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2792/1999 is hereby amended as follows:

Article 2

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

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

Done at Brussels, 16 March 2005.

For the Council

The President

J. ASSELBORN            

----

(1)  Opinion delivered on 24 February 2005 (not yet published in the Official Journal).

(2)OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regulation (EC) No 173/2005 (OJ L 29, 2.2.2005, p. 3).

(3)OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regulation (EC) No 1421/2004 (OJ L 260, 6.8.2004, p. 1).

----

----

            COMMISSION REGULATION (EC) No 486/2005

of 29 March 2005         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 30 March 2005.

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

Done at Brussels, 29 March 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

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

----

ANNEX

to Commission Regulation of 29 March 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

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

----

----

            COMMISSION REGULATION (EC) No 487/2005

of 29 March 2005         

opening an invitation to tender for the reduction in the duty on maize imported into Portugal from third countries

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), and in particular Article 12(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EC) No 1784/2003 on maize to be imported into Portugal.

2.   Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall be open until 23 June 2005. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.

Article 3

Import licences issued under these invitations to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.

Article 4

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, 29 March 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

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

(2)OJ L 336, 23.12.1994, p. 22.

(3)OJ L 177, 28.7.1995. p. 4. Regulation last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----

----

            COMMISSION REGULATION (EC) No 488/2005

of 21 March 2005         

on the fees and charges levied by the European Aviation Safety Agency

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (1), and in particular Article 53(1) thereof,

After consulting the Management Board of the European Aviation Safety Agency,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Regulation shall apply to the fees and charges levied by the European Aviation Safety Agency (hereinafter the Agency) as compensation for the services it provides, including the supply of goods.

It determines in particular the matters for which fees and charges referred to in Article 48(1) of Regulation (EC) No 1592/2002 are due, the amount of those fees and charges and the way in which they are to be paid.

Article 2

For the purposes of this Regulation, the following definitions shall apply:

CHAPTER II

CHARGES

Article 3

Charges shall be levied by the Agency for all services, including the supply of goods, which it provides to applicants, except for:

The Agency shall also levy charges when an appeal is lodged against one of its decisions pursuant to Article 35 of Regulation (EC) No 1592/2002.

Article 4

1.   The amount of the charges levied by the Agency shall be equal to the real cost of the service provided, including the cost of making it available to the applicant.

2.   The charges payable when an appeal is lodged pursuant to Article 35 of Regulation (EC) No 1592/2002 shall take the form of a fixed-rate sum, the amount of which is specified in the Annex. If the appeal is concluded in favour of the person lodging the appeal, the fixed-rate sum shall be automatically refunded by the Agency to that person.

3.   The amount of the charges shall be expressed in euro. It shall be communicated to the applicant before the service is provided, together with the terms for the payment of the charges.

Article 5

The charges shall be payable by the applicant or, where appropriate, the person lodging an appeal.

They shall be payable in euro.

In the absence of contractual agreement to the contrary, the charges shall be levied before the service is provided or, where appropriate, before the appeal procedure is launched.

CHAPTER III

FEES

Article 6

1.   The fees shall ensure a total revenue which is sufficient to cover all the costs, direct, indirect and specific, arising out of the certification tasks, including costs arising from the related continuing oversight.

2.   The Agency shall distinguish among its revenue and expenditure those which are attributable to certification tasks.

For this purpose:

3.   The fees shall be the subject of an overall provisional estimate at the beginning of each financial year. This estimate shall be based on the Agency’s previous financial results, its estimate of expenditure and revenue and its forward working plan.

4.   In order to avoid any discrimination between undertakings situated in the territories of the Member States, the transport costs related to the certification tasks carried out on behalf of such undertakings shall be aggregated and uniformly divided between the applicants.

5.   The Annex shall be re-examined, and revised if necessary, within 14 months following the date of entry into force of this Regulation. It may be revised annually thereafter.

The amounts and coefficients set out in the Annex shall be published in the Agency’s official publication.

Article 7

The fees shall consist of one or more of the following elements:

Article 8

1.   The fees shall be established at levels such that:

Σ R = x D

where:

2.   During the transitional period referred to in the second subparagraph of Article 53(4) of Regulation (EC) No 1592/2002, part of the contribution referred to in Article 48(1)(a) of that Regulation may be used, if necessary, to cover costs incurred by the Agency for certification tasks. In such a case, the fees shall be established during that period in such a way that:

Σ R = xD - Cp

where:

From 1 January 2008 at the latest, Cp = 0.

Article 9

1.   The amount of the fee shall depend on the complexity of the certification task and the workload involved. It shall be determined according to the following formula:

R = F + (nh * t) + S

where:

2.   The hourly rate (t) shall be determined by the overall annual wage bill of the Agency’s staff directly involved in the certification tasks. It shall be determined according to the following formula:

t = Cs/N

where:

Article 10

Without prejudice to Article 9, where a certification task is conducted, fully or in part, outside the territories of the Member States, the fee invoiced to the applicant shall include the costs of transport outside those territories. For that task, or part thereof, the amount of the fee due shall be determined according to the formula:

R = F + (nh * t) + S + V

where:

The additional transport costs invoiced to the applicant shall include the real costs of transport outside the territories of the Member States and the time spent by experts in those means of transport which shall be invoiced at the hourly rate.

Article 11

At the request of the applicant, a certification task may be carried out in a special way, with the agreement of the Executive Director.

In such a case, the certification task shall be carried out in the following way:

In such a case, an exceptional increase shall be applied to the fee levied in order to cover all of the costs incurred by the Agency in meeting the special request.

Article 12

1.   The fee shall be payable by the applicant. It shall be payable in euro.

2.   The issue, maintenance or amendment of a certificate or an approval shall be subject to payment of the full amount of the fee due. In the event of non-payment, the Agency may revoke the relevant certificate or approval after having given formal warning to the applicant.

3.   The scale of fees applied by the Agency, and the terms of payment, shall be communicated to applicants when they submit their applications.

4.   For all certification tasks which give rise to the payment of a variable part, the Agency shall provide the applicant with a quote which must be approved by the applicant before the task concerned starts. The quote shall be amended by the Agency if it appears that the task is simpler or can be carried out faster than initially foreseen or, on the contrary, if it is more complex and takes longer to carry out than the Agency could reasonably have foreseen.

5.   For operations which only give rise to the payment of a fixed part, half of that part shall be payable before the task concerned starts, the balance being payable in exchange for issue of the certificate or approval.

6.   For tasks which give rise to the payment of a variable part, 30 % of the total amount of the fee due (including any fixed part) shall be payable before the task concerned starts, and 40 % of the amount shall be payable as the task proceeds, in quarterly instalments. The balance of 30 % shall be payable in exchange for issue of the certificate or approval.

7.   Fees for the maintenance of existing certificates and approvals shall be payable in accordance with a timetable decided by the Agency and communicated to the holders of such certificates and approvals. The timetable shall be based on the inspections carried out by the Agency to check that such certificates and approvals are still valid.

8.   If, after a first check, the Agency decides not to accept an application, any fees already paid shall be returned to the applicant, with the exception of an amount to cover the administrative costs of handling the application. That amount shall be equivalent to the fixed fee D set out in the Annex.

9.   If a certification task has to be interrupted by the Agency because the applicant has insufficient resources or fails to comply with the applicable requirements, the balance of any fees due shall be payable in full at the time the Agency stops working.

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

Article 13

From 1 June 2005, the fees shall be demanded and levied by the Agency only.

Member States shall not levy fees for certification tasks, even if they carry out those tasks on behalf of the Agency.

The Agency shall reimburse the Member States for the certification tasks they provide on its behalf.

For certification tasks carried out by Member States on behalf of the Agency which are ongoing on 1 June 2005, fees shall be levied by the Agency so as to avoid double payment by the applicant.

Article 14

For the purposes of the application of this Regulation, and at the latest 30 days before the date of application of Articles 1 to 13, the Agency shall confirm in writing to the Commission that it is able to assume the tasks imposed on it by this Regulation, and in particular to calculate and to invoice the amounts of fees due by the applicants and to reimburse the Member States.

Article 15

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

Articles 1 to 13 shall apply from 1 June 2005.

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

Done at Brussels, 21 March 2005.

For the Commission

Jacques BARROT            

Vice-President

----

(1)OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

(2)OJ L 145, 31.5.2001, p. 43.

----

ANNEX

CONTENTS

Explanatory note

(i)   Type Certificates and Restricted Type Certificates or equivalent (referred to in subparts B and O of the Annex to Commission Regulation (EC) No 1702/2003 (1))

(ii)   Supplemental Type Certificates (referred to in subpart E of the Annex to Regulation (EC) No 1702/2003)

(iii)   Major changes and major repairs (referred to in subparts D and M of the Annex to Regulation (EC) No 1702/2003)

(iv)   Minor changes and minor repairs (referred to in subparts D and M of the Annex to Regulation (EC) No 1702/2003)

(v)   Annual fee for holders of EASA Type Certificates and Restricted Type Certificates and other Type Certificates deemed to be accepted under Regulation (EC) No 1592/2002

(vi)   Design Organisation Approval (referred to in subpart J of the Annex to Regulation (EC) No 1702/2003)

1.   General

2.   Application fee

3.   Surveillance fee

(vii)   Demonstration of design capability by means of alternative procedures (referred to in subpart B part 21.A.14 (b) of the Annex to Regulation (EC) No 1702/2003)

(viii)   Production Organisation Approval (referred to in subpart G of the Annex to Regulation (EC) No 1702/2003)

1.   General

2.   Application fee

3.   Surveillance fee

(ix)   Production without approval (referred to in subpart F of the Annex to Regulation (EC) No 1702/2003)

(x)   Maintenance Organisation Approval (referred to in Annex I, subpart F, and Annex II to Commission Regulation (EC) No 2042/2003 (3))

1.   General

2.   Application fee

3.   Surveillance fee

(xi)   Continuing Airworthiness Management Organisation Approval (referred to in Part M, Subpart G of Annex I to Regulation (EC) No 2042/2003)

(xii)   Fees for acceptance of approvals equivalent to ‘Part 145’ approvals in accordance with applicable bilateral agreements

New approvals

Renewals of existing approvals

(xiii)   Maintenance Training Organisation Approval (referred to in Annex IV to Regulation (EC) No 2042/2003)

1.   General

2.   Application fee

3.   Surveillance fee

(xiv)   Appeals

----

(1)  Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 243, 27.9.2003, p. 6).

(2)  For freighter versions of an aircraft, a coefficient of 0,85 is applied to the fee for the equivalent passenger version.

(3)  Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1).

----

----

            COMMISSION REGULATION (EC) No 489/2005

of 29 March 2005         

laying down detailed rules for implementing Council Regulation (EC) No 1785/2003 as regards determining the intervention centres and the taking over of paddy rice by the intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Articles 6(3) and 7(5) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Intervention centres

The intervention centres referred to in Article 6(2) of Regulation (EC) No 1785/2003 shall be those listed in Annex I to this Regulation.

Article 2

Buying in by the intervention agency

1.   During the buying-in period fixed in Article 7(1) of Regulation (EC) No 1785/2003, any holder of a lot of at least 20 tonnes of paddy rice harvested in the Community shall be entitled to offer such rice to the intervention agency.

A lot shall be made up of rice of the same variety.

The Member States may set the minimum quantity of the lot referred to in the first subparagraph at a higher level.

2.   Where a lot is delivered in several loads (by lorry, barge, railway wagon, etc.) each load must comply with the requisite minimum characteristics laid down in Article 3, Article 12 notwithstanding.

Article 3

Requisite minimum characteristics

1.   To be accepted for intervention, paddy rice shall be of sound and fair merchantable quality.

2.   Paddy rice shall be considered of sound and fair merchantable quality if:

3.   For the purposes of this Regulation, ‘miscellaneous impurities’ means foreign matter other than rice.

Article 4

Price increases and reductions

The price increases and reductions provided for in Article 7(2) of Regulation (EC) No 1785/2003 shall apply to the intervention price for paddy rice offered for intervention by multiplying it by the sum of the established percentage increases or reductions, as follows:

Article 5

Quantities eligible for intervention

With effect from the 2004/2005 marketing year, the quantities of paddy rice eligible for intervention for each year shall be divided into a tranche specific to each producer Member State (tranche 1), as set out in the table in Annex V, and a common tranche for the entire Community made up of the quantities not allocated in tranche 1 (tranche 2).

Article 6

Traders’ offers

1.   All offers for sale into intervention shall be made in writing, and sent preferably by e-mail, to an intervention agency, using the form drawn up by it.

To be eligible, the offers for tranches 1 and 2 must be presented between 1 and 9 April and 1 and 9 June respectively.

2.   The offer shall include the following information:

3.   All offers shall be made to the intervention agency of the producer Member State in respect of the intervention centre in that Member State which is nearest to where the paddy rice is held when the offer is made. For the purposes of this Regulation, ‘the nearest intervention centre’ means the centre in the producer Member State to which the paddy rice can be delivered at least expense.

4.   Once submitted, an offer may not be altered or withdrawn.

5.   Where an offer is ineligible, the intervention agency shall inform the relevant trader of that fact within 10 working days of the offer’s submission.

Article 7

Award of quantities

1.   No later than the first working day in May, the competent authority in the Member State shall examine whether or not the total quantity offered for tranche 1 exceeds the available quantity. Where there is an overrun, it shall apply a coefficient, to six decimal places, for awarding the quantities. This coefficient shall be set at the highest possible value, to ensure (given the minimum quantity of each offer) that the total quantity awarded is equal to or less than the available quantity. Where there is no overrun, the award coefficient shall be 1.

Where appropriate, the unused quantity, or the difference between the available quantity and the total quantity awarded, shall be added to the quantity fixed for tranche 2.

The competent authority in the Member State shall inform the Commission of the value of the award coefficient, the total quantity awarded and the quantity unused and carried over to tranche 2, no later than the day following the date indicated in the first subparagraph. The Commission shall make this information available to the public on its website as quickly as possible.

No later than the second day following the date given in the first subparagraph, the competent authority in the Member State shall notify the applicant that the offer has been accepted for an awarded quantity equal to the quantity offered multiplied by the award coefficient. However, if this quantity is below the minimum quantity indicated in the offer, it shall be reduced to 0.

2.   For tranche 2, the Member States shall inform the Commission, no later than the first working day in July, of the quantities offered with, where appropriate, the specified minimum quantities. This notification shall be made electronically using the model in Annex VI. It must be made even if no quantity of rice has been offered.

The Commission shall collect all the offers presented in the Member States and shall examine whether or not the total quantity offered exceeds the quantity available. Where there is an overrun, it shall apply a coefficient, to six decimal places, for awarding the quantities. This coefficient shall be set at the highest possible value, to ensure (given the minimum quantity of each offer) that the total quantity awarded is equal to or less than the available quantity. Where there is no overrun, the award coefficient shall be 1.

No later than the third working day after publication of the award coefficient in the Official Journal of the European Union, the competent authority in the Member State shall notify the applicant that the offer has been accepted for an awarded quantity equal to the quantity offered multiplied by the award coefficient. However, if this quantity is below the minimum quantity indicated in the offer, it shall be reduced to 0.

3.   The security referred to in paragraph 6(2)(i) shall be released proportionately to the quantity offered but not awarded. For the quantity awarded, it shall be released in its entirety once 95 % of the quantity has been delivered in accordance with Article 9.

Article 8

Transport costs

1.   The costs of transporting the goods from the depot where they are stored at the time the offer is submitted to the nearest intervention centre shall be borne by the applicant.

2.   If the intervention agency does not take the paddy rice over at the nearest intervention centre, the additional transport costs shall be borne by the intervention agency.

3.   The costs referred to in paragraphs 1 and 2 shall be established by the intervention agency.

Article 9

Delivery

1.   The intervention agency shall fix the date and intervention centre of delivery and shall notify the applicant of both forthwith. These conditions may be appealed no later than two working days from the receipt of the notification.

2.   Delivery to the intervention centre must occur not later than the end of the third month following receipt of the offer and in any case not later than 31 August of the current marketing year.

In the case of staggered deliveries, the last part of the lot must be delivered in accordance with the first subparagraph.

3.   The intervention agency shall take the goods over in the presence of the applicant or his/her duly authorised agent.

Article 10

Taking-over by the intervention agency

1.   The rice offered shall be taken over by the intervention agency where the minimum quantity and characteristics laid down in Articles 2 and 3 have been established by the intervention agency or its agent for the goods delivered to the intervention store, in accordance with Article 12.

2.   The quantity delivered shall be established by weight in the presence of the applicant and a representative of the intervention agency, who must have no relationship to the applicant. The storekeeper may represent the intervention agency.

3.   In this case the intervention agency shall itself carry out a check within 30 days of the completion of delivery. The weight at least must be checked, using volumetric measurement.

If, having used the volumetric method referred to in the first subparagraph, the weight is less than 6 % below the quantity recorded in the storekeeper’s accounts, the storekeeper shall bear all the costs relating to the missing quantities established as such in a subsequent weighing compared to the weight recorded in the accounts at taking over.

If, having used the method referred to in the first subparagraph, the weight is more than 6 % below the quantity recorded in the storekeeper’s accounts, the goods shall be immediately weighed. The weighing costs involved shall be borne by the storekeeper if the weight established is less than the weight recorded in the accounts. In the opposite case, the intervention agency shall bear the weighing costs.

Article 11

Taking-over at the applicant’s warehouse

1.   The intervention agency can take the paddy rice over at the place where it is stored when the offer is submitted rather than at the intervention centre nominated by the applicant. In this case the goods taken over must be stored separately from other goods.

The date of taking over shall coincide with the date on which the minimum characteristics listed in the take-over record referred to in Article 14 have been noted.

2.   Where take-over is carried out under the conditions laid down in paragraph 1, the quantity can be established on the basis of the stock accounts — drawn up to professional specifications and in accordance with the intervention agency’s requirements — provided that:

The weight to be recorded shall be the weight entered in the accounts, adjusted as appropriate to take account of any difference between the moisture content established at weighing and the content established on the basis of the representative sample.

However, the intervention agency shall carry out a volumetric check within 30 days of the date of taking over. Any difference between the quantity weighed and the estimated quantity using the volumetric method must not be more than 6 %.

If, having used the volumetric method referred to in the third subparagraph, the weight is less than 6 % below the quantity recorded in the storekeeper’s accounts, the storekeeper shall bear all the costs relating to the missing quantities established as such in a subsequent weighing compared to the weight recorded in the accounts at taking over.

If, having used the method referred to in the third subparagraph, the weight is more than 6 % below the quantity recorded in the storekeeper’s accounts, the storekeeper shall immediately weigh the rice. The storekeeper shall bear the weighing costs if the weight thus established is less than the weight as recorded. The EAGGF shall bear the costs in the opposite case.

Article 12

Verification of quality requirements

1.   With a view to verifying the requisite quality requirements under Article 3 for accepting the rice into intervention, samples shall be taken by the intervention agency in the presence of the applicant or his/her duly authorised agent.

Three representative samples, each weighing a minimum of one kilogram, shall be collected. One each shall go to:

To make up the representative samples, the number of individual samples to be taken shall be obtained by dividing the quantity of the lot on offer by 10 tonnes. Each individual sample shall weigh the same. The representative samples shall be made up of the sum of the individual samples, divided by three.

The requisite quality requirements shall be verified using the representative sample intended for the store where take-over is to take place.

2.   Where rice is taken over outside the applicant’s store, representative samples shall be taken of each part-delivery (by lorry, barge, railway wagon) under the conditions laid down in paragraph 1.

Before its entry into the intervention store the examination of each part-delivery can be restricted to a check of the moisture content and impurity level and verification that no live insects are present. However, if it later becomes apparent when the check is finalised that a part-delivery does not satisfy the minimum quality requirements, the lot shall be refused for take over. The entire lot must be withdrawn. The applicant shall bear the costs of this operation.

If the intervention agency in a Member State is able to check all the minimum quality requirements for each part-delivery before it enters the store, it shall refuse take-over of any part-delivery that fails to satisfy these requirements.

3.   Where take-over occurs at the applicant’s store, as provided for in Article 11, checking shall be based on a representative sample of the lot offered under the conditions laid down in paragraph 1.

The check should establish that the goods comply with the minimum quality requirements. Should this not be the case, the lot shall not be taken over.

Article 13

Establishing the rice’s characteristics

1.   Where the goods are accepted, once the examination under Article 12 has been carried out the precise characteristics of the goods shall be identified with a view to establishing the price to be paid to the applicant. This price shall be established for the lot offered on the basis of the weighted average of the test results on the representative samples as defined in Article 12.

The test results shall be notified to the applicant in the take-over record provided for in Article 14.

2.   Should the applicant contest the result of the test carried out to determine the price under paragraph 1, a laboratory approved by the competent authorities shall carry out a further, detailed analysis of the characteristics of the goods using a new representative sample made up equally of samples held by the applicant and the intervention agency. In the case of part-deliveries of the lot offered, the result shall be obtained from the weighted average of the findings of the analyses of the new representative samples of each part-delivery.

The result of these analyses shall be final and shall decide the price to be paid to the applicant. The cost of carrying out these new analyses shall be borne by the losing party.

Article 14

Take-over record

A take-over record shall be drawn up by the intervention agency for each lot. The applicant or his/her agent can be present when the record is being drawn up.

It shall indicate:

Article 15

Establishing the price to be paid to the applicant and payment

1.   The price to be paid to the applicant shall be that fixed in accordance with Article 7(2) of Regulation (EC) No 1785/2003 for goods delivered not unloaded to the storage depot and valid on the date fixed as the first day of delivery, account being taken of the price increases and reductions provided for in Article 4 and the provisions of Article 8 of this Regulation.

Where the rice is taken over at the applicant’s store pursuant to Article 11, the price to be paid shall be established on the basis of the intervention price valid on the date the offer is accepted, adjusted by the applicable price increases and reductions, and reduced by the most advantageous transport costs between the place where the paddy rice is taken over and the nearest intervention centre, and by the costs of removal from storage. Such costs shall be determined by the intervention agency.

2.   Payment shall be made between the 32nd and 37th day following the day of taking over referred to in Article 10(1) or Article 11(1).

Where Article 13(2) applies, payment shall be made as soon as possible after the results of the last test are notified to the applicant.

Where applicants must submit an invoice before they can be paid and where this invoice is not submitted within the time limit laid down in the first subparagraph, payment shall be made within five working days of the actual submission of the invoice.

Article 16

Monitoring the stored rice

Operators storing the products bought in on the intervention agency’s behalf shall regularly monitor their presence and their state of preservation and shall inform the agency forthwith of any problems in this regard.

The intervention agency shall check the quality of the stored product at least once a year. Sampling for this purpose can be done during the annual inventory required by Commission Regulation (EC) No 2148/96 (6).

Article 17

Checking the level of radioactive contamination

The rice shall be monitored for radioactive contamination only if the situation so requires and for the necessary period. Where necessary, the duration and scope of checks shall be determined in accordance with the procedure referred to in Article 26(2) of Regulation (EC) No 1785/2003.

Article 18

National rules

The intervention agencies shall, where necessary, adopt additional take-over procedures and conditions, compatible with the provisions of this Regulation, to take account of any special conditions prevailing in the Member State to which they belong.

Article 19

Repeal

Regulations (EC) No 708/98 and (EC) No 549/2000 are hereby repealed.

Article 20

Entry into force

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

It shall apply from 1 April 2005.

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

Done at Brussels, 29 March 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 96.

(2)OJ L 98, 31.3.1998, p. 21. Regulation as last amended by Regulation (EC) No 1107/2004 (OJ L 211, 12.6.2004, p. 14).

(3)OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005, p. 15).

(4)OJ L 67, 15.3.2000, p. 14. Regulation as last amended by Regulation (EC) No 1091/2004 (OJ L 209, 11.6.2004, p. 8).

(5)OJ L 243, 27.9.2003, p. 92.

(6)OJ L 288, 9.11.1996, p. 6.

----

ANNEX I

INTERVENTION CENTRES

1.   Greece

2.   Spain

3.   France

4.   Italy

5.   Hungary

6.   Portugal

----

ANNEX II

A.   BASIC MILLING YIELD

B.   PRICE INCREASES AND REDUCTIONS RELATING TO MILLING YIELD

----

ANNEX III

MAXIMUM PERCENTAGES REFERRED TO IN ARTICLE 3(2)(D)

----

ANNEX IV

----

(1)  Each discrepancy is calculated from the percentage of defective grains, to the second decimal place.

----

ANNEX V

TRANCHE 1 REFERRED TO IN ARTICLE 5

----

ANNEX VI

INFORMATION TO BE CONTAINED IN THE NOTIFICATION REFERRED TO IN ARTICLE 7(2)

Member State: ....

Address for electronic transmission of information in accordance with Article 7(2):AGRI-INTERV-RICE@CEC.EU.INT

----

----

            COMMISSION REGULATION (EC) No 490/2005

of 29 March 2005         

on the division between ‘deliveries’ and ‘direct sales’ of national reference quantities fixed for 2004/2005 in Annex I to Council Regulation (EC) No 1788/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (1), and in particular Article 6(4) and Article 8 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The division between ‘deliveries’ and ‘direct sales’ of the national reference quantities applicable for the period from 1 April 2004 to 31 March 2005 fixed in Annex I to Regulation (EC) No 1788/2003 is set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 29 March 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003 p. 123. Regulation amended by Regulation (EC) No 2217/2004 (OJ L 375, 23.12.2004, p. 1).

(2)OJ L 94, 31.3.2004, p. 22.

(3)OJ L 70, 30.3.1995, p. 2. Regulation amended by Regulation (EC) No 1390/95 (OJ L 135, 21.6.1995, p. 4).

----

ANNEX

----

(1)  Except Madeira.

----

----

            COMMISSION REGULATION (EC) No 491/2005

of 29 March 2005         

fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1 of Regulation (EEC) No 4088/87 shall be as set out in the Annex hereto for the period from 30 March to 12 April 2005.

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, 29 March 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

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

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

(3)OJ L 346, 31.12.2003, p. 65.

(4)OJ L 345, 31.12.2003, p. 117.

(5)OJ L 2, 5.1.2005, p. 4.

----

ANNEX

----

----

            COMMISSION REGULATION (EC) No 492/2005

of 29 March 2005         

determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 20,238 EUR/100 kg.

Article 2

This Regulation shall enter into force on 30 March 2005.

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

Done at Brussels, 29 March 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 148, 1.6.2001, p. 1.

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

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

----

----

            COMMISSION DIRECTIVE 2005/27/EC

of 29 March 2005         

amending, for the purposes of its adaptation to technical progress, Directive 2003/97/EC of the European Parliament and of the Council, concerning the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), and in particular Article 13(2) thereof,

Having regard to Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices, amending Directive 70/156/EEC and repealing Directive 71/127/EEC (2) and in particular Article 2 thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and III to Directive 2003/97/EC are amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 October 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 March 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

(2)OJ L 25, 29.1.2004, p. 1.

----

ANNEX

Annexes I and III to Directive 2003/97/EC are amended as follows:

----

II Acts whose publication is not obligatory

Commission

----

            COMMISSION DECISION         

of 23 March 2005         

amending Decision 2004/832/EC as regards the eradication and emergency vaccination plan for feral pigs against classical swine fever in Northern Vosges, France

(notified under document number C(2005) 917)

(Only the French text is authentic)

(Text with EEA relevance)

(2005/264/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular the second subparagraph of Article 16(1) and the fourth subparagraph of Article 20(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2004/832/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 23 March 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2)OJ L 359, 4.12.2004, p. 62.

----

ANNEX

                     ‘ANNEX

1.   Areas where the eradication plan is to be implemented

The territory of the Department of Bas-Rhin and Moselle located west of the Rhine and the Rhine-Marne Canal, north of the A 4 motorway, east of the river Sarre and south of the border with Germany.

2.   Areas where the emergency vaccination plan is to be implemented

The territory of the Department of Bas-Rhin and Moselle located west of the Rhine and the Rhine-Marne Canal, north of the A 4 motorway, east of the river Sarre and south of the border with Germany.’                  

----

Acts adopted under Title V of the Treaty on European Union

----

            COUNCIL JOINT ACTION 2005/265/CFSP

of 23 March 2005         

appointing a Special Representative of the European Union for Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular, Articles 14, 18(5) and 23(2) thereof,

Whereas:

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mr Adriaan JACOBOVITS de SZEGED is hereby appointed as the EU Special Representative (EUSR) for Moldova.

Article 2

1.   The EUSR’s mandate shall be based on the EU’s policy objectives in Moldova. These objectives include:

2.   The EUSR shall support the work of the High Representative in the Republic of Moldova and the region, and work in close cooperation with the Presidency, EU Heads of Missions and the Commission.

Article 3

1.   In order to achieve the policy objectives, the EUSR’s mandate shall be to:

2.   For the purpose of the fulfilment of his mandate, the EUSR shall maintain an overview of all EU activities, notably the relevant aspects of the ENP Action Plan.

Article 4

1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority and operational direction of the High Representative. The EUSR shall be accountable to the Commission for all expenditure.

2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political input within the framework of the mandate.

Article 5

1.   The financial reference amount intended to cover the expenditure related to the EUSR’s mandate shall be EUR 278 000.

2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the European Community procedures and rules applicable to the budget, with the exception that any pre-financing shall not remain the property of the Community.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The expenditure shall be eligible as from the date on which this Joint Action enters into force.

4.   The Presidency, Commission, and/or Member States, as appropriate, shall provide logistical support in the region.

Article 6

1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team in consultation with the Presidency, assisted by the Secretary General/High Representative, and in full association with the Commission.

2.   Member States and EU institutions may propose the secondment of staff to work with the EUSR. The remuneration of staff who might be seconded by a Member State or an EU institution to the EUSR shall be covered by the Member State or the EU institution concerned respectively.

3.   All A-type posts which are not covered by secondment shall be advertised as appropriate by the General Secretariat of the Council and notified to Member States and institutions in order to recruit the best qualified applicants.

4.   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be defined with the parties. Member States and the Commission shall grant all necessary support to such effect.

Article 7

As a rule, the EUSR shall report in person to the High Representative and to the PSC and may report also to the relevant Working Group. Regular written reports shall be circulated to the High Representative, the Council and the Commission. On the recommendation of the High Representative and the PSC, the EUSR may report to the General Affairs and External Relations Council.

Article 8

To ensure the consistency of the external action of the EU, the activities of the EUSR shall be coordinated with those of the High Representative, the Presidency and the Commission. EUSRs shall provide regular briefings to Member States’ missions and Commission delegations. In the field, close liaison shall be maintained with the Presidency, the Commission and Heads of Mission, who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.

Article 9

The implementation of this Joint Action and its consistency with other contributions from the EU to the region shall be kept under regular review. The EUSR shall present a comprehensive written report on the implementation of the mandate to the High Representative, the Council and the Commission two months before the mandate expires. The report shall form a basis for evaluation of this Joint Action in the relevant Working Groups and by the PSC. In the context of overall priorities for deployment, the High Representative shall make recommendations to the PSC concerning the Council’s decision on renewal, amendment or termination of the mandate.

Article 10

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

It shall apply until 31 August 2005.

Article 11

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

Done at Brussels, 23 March 2005.

For the Council

The President

J. ASSELBORN            

----