# Official Journal L 24/27 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 24 |
| | |
| English edition | Legislation | Volume 4827 January 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 24

English edition

Legislation

Volume 4827 January 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 114/2005 of 26 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 115/2005 of 26 January 2005 opening an invitation to tender for the refund on common wheat exports to certain third countries | 3 |
| | * | Commission Regulation (EC, Euratom) No 116/2005 of 26 January 2005 on the treatment of repayments of VAT to non-taxable persons and to taxable persons for their exempt activities, for the purposes of Council Regulation (EC, Euratom) No 1287/2003 on the harmonisation of gross national income at market prices | 6 |
| | * | Commission Regulation (EC) No 117/2005 of 26 January 2005 introducing Community surveillance of imports of certain footwear products originating in certain third countries | 8 |
| | * | Commission Regulation (EC) No 118/2005 of 26 January 2005 modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation | 15 |
| | | Commission Regulation (EC) No 119/2005 of 26 January 2005 fixing the export refunds on olive oil | 22 |
| | | Commission Regulation (EC) No 120/2005 of 26 January 2005 determining the extent to which the applications for import licences submitted in January 2005 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted | 24 |
| | * | Commission Regulation (EC) No 121/2005 of 25 January 2005 establishing unit values for the determination of the customs value of certain perishable goods | 27 |
| | * | Commission Directive 2005/6/EC of 26 January 2005 amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC (
  1
  ) | 33 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 114/2005 of 26 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 115/2005 of 26 January 2005 opening an invitation to tender for the refund on common wheat exports to certain third countries

3

*

Commission Regulation (EC, Euratom) No 116/2005 of 26 January 2005 on the treatment of repayments of VAT to non-taxable persons and to taxable persons for their exempt activities, for the purposes of Council Regulation (EC, Euratom) No 1287/2003 on the harmonisation of gross national income at market prices

6

*

Commission Regulation (EC) No 117/2005 of 26 January 2005 introducing Community surveillance of imports of certain footwear products originating in certain third countries

8

*

Commission Regulation (EC) No 118/2005 of 26 January 2005 modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation

15

Commission Regulation (EC) No 119/2005 of 26 January 2005 fixing the export refunds on olive oil

22

Commission Regulation (EC) No 120/2005 of 26 January 2005 determining the extent to which the applications for import licences submitted in January 2005 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted

24

*

Commission Regulation (EC) No 121/2005 of 25 January 2005 establishing unit values for the determination of the customs value of certain perishable goods

27

*

Commission Directive 2005/6/EC of 26 January 2005 amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC (
  1
  )

1

33

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2005/56/EC:Commission Decision of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 | 35 |
| | * | 2005/57/EC:Commission Recommendation of 21 January 2005 on the provision of leased lines in the European Union (Part 1 — Major supply conditions for wholesale leased lines)
  (notified under document number C(2005) 103) | 39 |
| | * | 2005/58/EC:Commission Decision of 26 January 2005 amending Decision 2003/135/EC as regards the termination of the eradication and vaccination plans in the federal states of Lower-Saxony and North Rhine-Westphalia and the eradication plan in the federal state of Saarland (Germany)
  (notified under document number C(2005) 119)

   (
  1
  ) | 45 |
| | * | 2005/59/EC:Commission Decision of 26 January 2005 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of such pigs in Slovakia
  (notified under document number C(2005) 127)

   (
  1
  ) | 46 |

II   Acts whose publication is not obligatory

Commission

*

2005/56/EC:Commission Decision of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

35

*

2005/57/EC:Commission Recommendation of 21 January 2005 on the provision of leased lines in the European Union (Part 1 — Major supply conditions for wholesale leased lines)
  (notified under document number C(2005) 103)

(notified under document number C(2005) 103)

39

*

2005/58/EC:Commission Decision of 26 January 2005 amending Decision 2003/135/EC as regards the termination of the eradication and vaccination plans in the federal states of Lower-Saxony and North Rhine-Westphalia and the eradication plan in the federal state of Saarland (Germany)
  (notified under document number C(2005) 119)

   (
  1
  )

(notified under document number C(2005) 119)

1

45

*

2005/59/EC:Commission Decision of 26 January 2005 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of such pigs in Slovakia
  (notified under document number C(2005) 127)

   (
  1
  )

(notified under document number C(2005) 127)

1

46

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Decision 2004/783/EC of 15 November 2004 appointing four Italian members and three Italian alternate members of the Committee of the Regions (OJ L 346, 23.11.2004) | 48 |

Corrigenda

*

Corrigendum to Council Decision 2004/783/EC of 15 November 2004 appointing four Italian members and three Italian alternate members of the Committee of the Regions (OJ L 346, 23.11.2004)

48

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

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(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.

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I Acts whose publication is obligatory

| 27.1.2005 | EN | Official Journal of the European Union | L 24/1 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/1

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COMMISSION REGULATION (EC) No 114/2005

of 26 January 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (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 27 January 2005.

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

Done at Brussels, 26 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

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ANNEX

to Commission Regulation of 26 January 2005 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 | 101,1 |
| 204 | 77,1 |
| 212 | 157,6 |
| 608 | 118,9 |
| 624 | 163,5 |
| 999 | 123,6 |
| 0707 00 05 | 052 | 140,5 |
| 999 | 140,5 |
| 0709 90 70 | 052 | 182,8 |
| 204 | 169,7 |
| 999 | 176,3 |
| 0805 10 20 | 052 | 43,6 |
| 204 | 39,2 |
| 212 | 53,5 |
| 220 | 42,9 |
| 421 | 38,1 |
| 448 | 38,3 |
| 624 | 71,7 |
| 999 | 46,8 |
| 0805 20 10 | 204 | 56,8 |
| 999 | 56,8 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | 052 | 67,9 |
| 204 | 86,8 |
| 400 | 78,5 |
| 464 | 55,5 |
| 624 | 69,1 |
| 662 | 40,0 |
| 999 | 66,3 |
| 0805 50 10 | 052 | 63,6 |
| 999 | 63,6 |
| 0808 10 80 | 400 | 103,2 |
| 404 | 83,2 |
| 720 | 72,1 |
| 999 | 86,2 |
| 0808 20 50 | 388 | 68,3 |
| 400 | 88,1 |
| 720 | 39,5 |
| 999 | 65,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

101,1

204

77,1

212

157,6

608

118,9

624

163,5

999

123,6

0707 00 05

052

140,5

999

140,5

0709 90 70

052

182,8

204

169,7

999

176,3

0805 10 20

052

43,6

204

39,2

212

53,5

220

42,9

421

38,1

448

38,3

624

71,7

999

46,8

0805 20 10

204

56,8

999

56,8

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

052

67,9

204

86,8

400

78,5

464

55,5

624

69,1

662

40,0

999

66,3

0805 50 10

052

63,6

999

63,6

0808 10 80

400

103,2

404

83,2

720

72,1

999

86,2

0808 20 50

388

68,3

400

88,1

720

39,5

999

65,3

---

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

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| 27.1.2005 | EN | Official Journal of the European Union | L 24/3 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/3

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COMMISSION REGULATION (EC) No 115/2005

of 26 January 2005

opening an invitation to tender for the refund on common wheat exports to certain 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 the first subparagraph of Article 13(3) thereof,

Whereas:

| (1) | Given the present market situation for cereals, an invitation to tender for the export refund on common wheat should be opened in accordance with Article 4 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of 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). |
| --- | --- |

(1)

Given the present market situation for cereals, an invitation to tender for the export refund on common wheat should be opened in accordance with Article 4 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of 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 tendering procedure rules to be followed for establishing export refunds are laid down in Regulation (EC) No 1501/95. The requirements under that procedure include an obligation to submit an application for an export licence and lodge a security. The rate of that security should be established. |
| --- | --- |

(2)

The tendering procedure rules to be followed for establishing export refunds are laid down in Regulation (EC) No 1501/95. The requirements under that procedure include an obligation to submit an application for an export licence and lodge a security. The rate of that security should be established.

| (3) | A specific period of validity must be set for the licences issued under this invitation to tender. That validity period should be commensurate with world market requirements for the 2004/2005 marketing year. |
| --- | --- |

(3)

A specific period of validity must be set for the licences issued under this invitation to tender. That validity period should be commensurate with world market requirements for the 2004/2005 marketing year.

| (4) | To ensure that all parties are treated equally, all licences issued should have the same period of validity. |
| --- | --- |

(4)

To ensure that all parties are treated equally, all licences issued should have the same period of validity.

| (5) | To forestall reimportation refunds should be awarded only for exportation to certain third countries. |
| --- | --- |

(5)

To forestall reimportation refunds should be awarded only for exportation to certain third countries.

| (6) | The satisfactory operation of tendering procedures for exports requires that a minimum quantity be set, and that the time limit and means of transmission for tenders lodged with the competent authority be established. |
| --- | --- |

(6)

The satisfactory operation of tendering procedures for exports requires that a minimum quantity be set, and that the time limit and means of transmission for tenders lodged with the competent authority be established.

| (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

1.   Under Article 4 of Regulation (EC) No 1501/95, an invitation to tender for the export refund is hereby opened.

2.   The invitation to tender covers common wheat for exportation to third countries with the exception of Albania, Bulgaria, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (3), Liechtenstein, Romania and Switzerland.

3.   The invitation to tender shall be open until 23 June 2005. During that period, weekly awards shall be made. The quantities and dates for submitting tenders shall be set out in the notice of invitation to tender.

By way of derogation from Article 4(4) of Regulation (EC) No 1501/95, the time limit for submitting tenders for the first partial invitation to tender shall be 3 February 2005.

Article 2

Tenders shall be valid only if they cover a quantity of at least 1 000 tonnes.

Article 3

The security referred to in Article 5(3)(a) of Regulation (EC) No 1501/95 shall be EUR 12 per tonne.

Article 4

1.   By way of derogation from Article 23(1) of Commission Regulation (EC) No 1291/2000 (4), export licences issued in accordance with Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted.

2.   Export licences issued under the invitation to tender provided for in this Regulation shall be valid from their date of issue within the meaning of paragraph 1 until the end of the fourth month thereafter.

Article 5

Member States shall send the Commission the tenders submitted within one-and-a-half hours of the expiry of the weekly time limit for lodging tenders, as laid down in the notice of invitation to tender, using the form set out in the Annex.

If no tenders are lodged, Member States shall inform the Commission within the time limit referred to in the first paragraph.

The times set for the submission of tenders shall correspond to Belgian time.

Article 6

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, 26 January 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

(3)  Including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999.

3

(4)  OJ L 152, 24.6.2000, p. 1.

4

---

ANNEX

Form (1)

AWARD OF THE REFUND ON COMMON WHEAT EXPORTS TO CERTAIN THIRD COUNTRIES

(Regulation (EC) No 115/2005)

(Time limit for submission of tenders)

| 1 | 2 | 3 |
| --- | --- | --- |
| Numbering of tenderers | Quantity
  (tonnes) | Export refund rate
  (EUR/tonne) |
| 1 | | |
| 2 | | |
| 3 | | |
| etc. | | |
| E-mail address for sending the information: agri-c1-revente-marche-eu@cec.eu.int |

1

2

3

Numbering of tenderers

Quantity

(tonnes)

Export refund rate

(EUR/tonne)

1

2

3

etc.

E-mail address for sending the information: agri-c1-revente-marche-eu@cec.eu.int

---

(1)  Please send to DG AGRI-C.1.

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| 27.1.2005 | EN | Official Journal of the European Union | L 24/6 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/6

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COMMISSION REGULATION (EC, Euratom) No 116/2005

of 26 January 2005

on the treatment of repayments of VAT to non-taxable persons and to taxable persons for their exempt activities, for the purposes of Council Regulation (EC, Euratom) No 1287/2003 on the harmonisation of gross national income at market prices

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (GNI Regulation) (1), and in particular Article 5(1) thereof,

Whereas:

| (1) | Article 2(7) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the Communities’ own resources (2) lays down that gross national product at market prices (GNP) is to be considered equal to gross national income at market prices (GNI) as provided by the Commission in application of the European System of Accounts (ESA). The ESA of 1995 (ESA95), superseding two earlier systems of 1970 and 1979 respectively, was established by Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (3), and was set out in the Annex thereto. GNI, as used in ESA95, replaced GNP as a criterion for own resource purposes with effect from budget year 2002. |
| --- | --- |

(1)

Article 2(7) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the Communities’ own resources (2) lays down that gross national product at market prices (GNP) is to be considered equal to gross national income at market prices (GNI) as provided by the Commission in application of the European System of Accounts (ESA). The ESA of 1995 (ESA95), superseding two earlier systems of 1970 and 1979 respectively, was established by Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (3), and was set out in the Annex thereto. GNI, as used in ESA95, replaced GNP as a criterion for own resource purposes with effect from budget year 2002.

| (2) | Council Regulation (EC, Euratom) No 1287/2003 lays down the procedures for the forwarding of GNI data by Member States and the procedures and checks on the calculation of GNI, and establishes the GNI Committee. |
| --- | --- |

(2)

Council Regulation (EC, Euratom) No 1287/2003 lays down the procedures for the forwarding of GNI data by Member States and the procedures and checks on the calculation of GNI, and establishes the GNI Committee.

| (3) | ESA95 does not explicitly specify the treatment of repayments of VAT to non-taxable persons, and to taxable persons for their exempt activities. |
| --- | --- |

(3)

ESA95 does not explicitly specify the treatment of repayments of VAT to non-taxable persons, and to taxable persons for their exempt activities.

| (4) | For the purpose of the definition of gross national income at market prices (GNI) pursuant to Article 1 of Regulation (EC, Euratom) No 1287/2003 it is necessary to clarify the treatment of repayments of VAT to non-taxable persons, and to taxable persons for their exempt activities. |
| --- | --- |

(4)

For the purpose of the definition of gross national income at market prices (GNI) pursuant to Article 1 of Regulation (EC, Euratom) No 1287/2003 it is necessary to clarify the treatment of repayments of VAT to non-taxable persons, and to taxable persons for their exempt activities.

| (5) | The Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (4), defines the notions of taxable person, of non-taxable person and of exempt activities. |
| --- | --- |

(5)

The Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (4), defines the notions of taxable person, of non-taxable person and of exempt activities.

| (6) | For the purpose of implementing Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices (5), Commission Decision 1999/622/EC, Euratom of 8 September 1999 (6) clarifies the treatment of repayments of VAT to non-taxable units and to taxable units for their exempt activities. The equivalent clarification should now be provided in respect of GNI. |
| --- | --- |

(6)

For the purpose of implementing Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices (5), Commission Decision 1999/622/EC, Euratom of 8 September 1999 (6) clarifies the treatment of repayments of VAT to non-taxable units and to taxable units for their exempt activities. The equivalent clarification should now be provided in respect of GNI.

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

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   In compiling national accounts aggregates for the purpose of Regulation (EC, Euratom) No 1287/2003, repayments of VAT incurred on purchases, made to non-taxable persons or to taxable persons for their exempt activities, shall be treated in ESA95 as other current transfers (D7) or capital transfers (D9), and not as if they were deductible VAT.

2.   For the purposes of paragraph 1, the term ‘taxable person’ shall have the meaning given to it by Article 4 of the Sixth Directive 77/388/EEC, Euratom, and the notion of exempt activities shall be understood as being the activities listed in Article 13 of that Directive.

Article 2

This Regulation shall enter into force on the twentieth 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, 26 January 2005.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  OJ L 181, 19.07.2003, p. 1.

1

(2)  OJ L 253, 7.10.2000, p. 42.

2

(3)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

3

(4)  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

4

(5)  OJ L 49, 21.02.1989, p. 26. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

5

(6)  OJ L 245, 17.09.1999, p. 51.

6

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| 27.1.2005 | EN | Official Journal of the European Union | L 24/8 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/8

---

COMMISSION REGULATION (EC) No 117/2005

of 26 January 2005

introducing Community surveillance of imports of certain footwear products originating in certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports and repealing Regulation (EC) No 518/94 (1), and in particular Article 11(2) thereof,

Whereas:

| (1) | The quota system on footwear products set out in Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People’s Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries (2) expired on 1 January 2005. |
| --- | --- |

(1)

The quota system on footwear products set out in Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People’s Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries (2) expired on 1 January 2005.

| (2) | On 7 December 2004, the Commission was informed by some Member States that it would be appropriate to impose surveillance measures on footwear products pursuant to Regulation (EC) No 3285/94. |
| --- | --- |

(2)

On 7 December 2004, the Commission was informed by some Member States that it would be appropriate to impose surveillance measures on footwear products pursuant to Regulation (EC) No 3285/94.

| (3) | The Community footwear industry is largely composed of small and medium-sized enterprises, most of which are located in regions with few other sources of employment. It is therefore vulnerable to competition from low-priced imports originating in particular in the People’s Republic of China. |
| --- | --- |

(3)

The Community footwear industry is largely composed of small and medium-sized enterprises, most of which are located in regions with few other sources of employment. It is therefore vulnerable to competition from low-priced imports originating in particular in the People’s Republic of China.

| (4) | In response to this import competition, the Community footwear industry has, in recent years, undergone an extensive restructuring by concentrating its output on more up-market products which are also the products that have been under quota. These products represent approximately 85 % of production in the Community footwear industry. This restructuring has entailed a marked reduction of capacity and workforce. Despite these efforts, the Community footwear industry continues to lose production and market share owing to cheap foreign imports. |
| --- | --- |

(4)

In response to this import competition, the Community footwear industry has, in recent years, undergone an extensive restructuring by concentrating its output on more up-market products which are also the products that have been under quota. These products represent approximately 85 % of production in the Community footwear industry. This restructuring has entailed a marked reduction of capacity and workforce. Despite these efforts, the Community footwear industry continues to lose production and market share owing to cheap foreign imports.

| (5) | Over the period 2000 to 2003, imports of footwear products originating in the People’s Republic of China not subject to quotas increased sharply both in absolute terms as well as in terms of share of the Community market, with prices that were substantially lower than the prices of equivalent products manufactured in the Community. The average increase in imports was 59 % between 2000 and 2003 and the average difference in prices was 21 %. |
| --- | --- |

(5)

Over the period 2000 to 2003, imports of footwear products originating in the People’s Republic of China not subject to quotas increased sharply both in absolute terms as well as in terms of share of the Community market, with prices that were substantially lower than the prices of equivalent products manufactured in the Community. The average increase in imports was 59 % between 2000 and 2003 and the average difference in prices was 21 %.

| (6) | Given that prevailing market conditions for all footwear products are the same, it is expected that the recent liberalisation will lead to a similar substantial increase of imports. On the basis of recent trends in imports of footwear, the result of the 2005 removal of quotas could lead to a doubling in imports in the short term, with a likely consequent loss in market share for the Community industry of 6 % and a loss of 17 000 jobs. A threat of injury to Community producers for the purposes of Article 11 of Regulation (EC) No 3285/94 can therefore be deemed to exist. |
| --- | --- |

(6)

Given that prevailing market conditions for all footwear products are the same, it is expected that the recent liberalisation will lead to a similar substantial increase of imports. On the basis of recent trends in imports of footwear, the result of the 2005 removal of quotas could lead to a doubling in imports in the short term, with a likely consequent loss in market share for the Community industry of 6 % and a loss of 17 000 jobs. A threat of injury to Community producers for the purposes of Article 11 of Regulation (EC) No 3285/94 can therefore be deemed to exist.

| (7) | This likely impact is so significant that the interests of the Community require that imports of certain footwear products of Chinese origin should be subject to prior Community surveillance in order to provide statistical information permitting rapid analysis of import trends. The footwear concerned, mainly medium to high quality footwear, is that for which significant production still remains in the Community and can be considered sensitive for that reason. Prior surveillance by means of an automatic import licensing regime applicable until 31 January 2006 would provide the fastest means of obtaining a clear picture of the early effects of the removal of these quotas as any retrospective system takes time to provide meaningful data. |
| --- | --- |

(7)

This likely impact is so significant that the interests of the Community require that imports of certain footwear products of Chinese origin should be subject to prior Community surveillance in order to provide statistical information permitting rapid analysis of import trends. The footwear concerned, mainly medium to high quality footwear, is that for which significant production still remains in the Community and can be considered sensitive for that reason. Prior surveillance by means of an automatic import licensing regime applicable until 31 January 2006 would provide the fastest means of obtaining a clear picture of the early effects of the removal of these quotas as any retrospective system takes time to provide meaningful data.

| (8) | It is also appropriate, in order to obtain an overall view of the trends in imports of footwear, to establish a retrospective customs-based surveillance system for imports of all footwear from all sources. This includes footwear requiring to be made subject to prior surveillance. When the retrospective system of surveillance is fully operational the prior surveillance can be terminated, at the latest by 31 January 2006. |
| --- | --- |

(8)

It is also appropriate, in order to obtain an overall view of the trends in imports of footwear, to establish a retrospective customs-based surveillance system for imports of all footwear from all sources. This includes footwear requiring to be made subject to prior surveillance. When the retrospective system of surveillance is fully operational the prior surveillance can be terminated, at the latest by 31 January 2006.

| (9) | The completion of the internal market requires that the formalities to be accomplished by Community importers be identical wherever the goods may be cleared. |
| --- | --- |

(9)

The completion of the internal market requires that the formalities to be accomplished by Community importers be identical wherever the goods may be cleared.

| (10) | In order to facilitate the collection of data, the release for free circulation of the products covered by prior surveillance should be made subject to presentation of a surveillance document meeting uniform criteria. That document should, on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The document should therefore be valid only as long as the import rules remain unchanged; it should be valid throughout the Community. |
| --- | --- |

(10)

In order to facilitate the collection of data, the release for free circulation of the products covered by prior surveillance should be made subject to presentation of a surveillance document meeting uniform criteria. That document should, on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The document should therefore be valid only as long as the import rules remain unchanged; it should be valid throughout the Community.

| (11) | In order to ensure transparency the Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible. |
| --- | --- |

(11)

In order to ensure transparency the Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible.

| (12) | The issue of surveillance documents, while subject to standard conditions at Community level, should be the responsibility of the national authorities. |
| --- | --- |

(12)

The issue of surveillance documents, while subject to standard conditions at Community level, should be the responsibility of the national authorities.

| (13) | It is desirable for this Regulation to enter into force on the day of its publication in order to collect the data as soon as possible, |
| --- | --- |

(13)

It is desirable for this Regulation to enter into force on the day of its publication in order to collect the data as soon as possible,

HAS ADOPTED THIS REGULATION:

CHAPTER 1

PRIOR SURVEILLANCE

Article 1

The release for free circulation in the Community of certain footwear products originating in the People’s Republic of China listed in Annex I shall be subject to prior Community surveillance in accordance with Regulation (EC) No 3285/94.

Article 2

1.   The release for free circulation in the Community of the products referred to in Article 1 shall be subject to presentation of a surveillance document issued by the relevant authorities of a Member State.

2.   The surveillance document referred to in paragraph 1 shall be issued automatically by the competent authorities in the Member States, without charge and for any quantities requested, within five working days of presentation of an application by any Community importer, wherever it may be established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise.

3.   A surveillance document issued by one of the authorities listed in Annex II shall be valid throughout the Community.

4.   The surveillance document shall be made out on a form corresponding to the model set out in Annex I to Regulation (EC) No 3285/94.

The importer's application shall include the following elements:

| (a) | the name and full address of the applicant (including telephone and fax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT; |
| --- | --- |

(a)

the name and full address of the applicant (including telephone and fax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT;

| (b) | if applicable, the name and full address of the declarant or representative of the applicant (including telephone and fax numbers); |
| --- | --- |

(b)

if applicable, the name and full address of the declarant or representative of the applicant (including telephone and fax numbers);

| (c) | the full name and address of the exporter; |
| --- | --- |

(c)

the full name and address of the exporter;

| (d) | the exact description of the goods, including:






  (i) | their trade name; |
| --- | --- | --- |

(d)

the exact description of the goods, including:

(i)

their trade name;

| (ii) | the TARIC code(s); |
| --- | --- |

(ii)

the TARIC code(s);

| (iii) | the country of origin (namely the People’s Republic of China); |
| --- | --- |

(iii)

the country of origin (namely the People’s Republic of China);

| (iv) | the country of consignment; |
| --- | --- |

(iv)

the country of consignment;

| (e) | the quantity of goods expressed in pairs; |
| --- | --- |

(e)

the quantity of goods expressed in pairs;

| (f) | the cif value of the goods in euro at the Community frontier by combined nomenclature heading; |
| --- | --- |

(f)

the cif value of the goods in euro at the Community frontier by combined nomenclature heading;

| (g) | the proposed period and place of customs clearance; |
| --- | --- |

(g)

the proposed period and place of customs clearance;

| (h) | whether the application is a repeat of a previous application concerning the same contract; |
| --- | --- |

(h)

whether the application is a repeat of a previous application concerning the same contract;

| (i) | the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: ‘I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community’. The importer shall also submit a copy of the contract of sale or purchase and of the pro forma invoice. If so requested, and in particular in cases where the goods are not directly purchased in China, the importer shall present a certificate of production issued by the producer. |
| --- | --- |

(i)

the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: ‘I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community’. The importer shall also submit a copy of the contract of sale or purchase and of the pro forma invoice. If so requested, and in particular in cases where the goods are not directly purchased in China, the importer shall present a certificate of production issued by the producer.

5.   The period of validity of the surveillance documents is hereby fixed at six months. Unused or partly used surveillance documents may be renewed for the same period.

6.   The importer shall return surveillance documents to the issuing authority at the end of their period of validity.

7.   The competent authorities may allow the submission of declarations or requests to be transmitted or printed by electronic means, under the conditions fixed by them. However, all documents and evidence shall be available to the competent authorities.

8.   The surveillance document may be issued by electronic means, on condition that the customs offices involved have access to the document via a computer network.

Article 3

1.   A finding that the unit price at which the transaction is effected varies from that indicated in the surveillance document by less than 5 % in either direction or that the total quantity of the products presented for import exceeds the quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the products in question.

2.   Applications for surveillance documents and the documents themselves shall be confidential. Access to the information in those applications and documents shall be restricted to the competent authorities and the applicant.

Article 4

1.   The Member States shall communicate the following information to the Commission:

| (a) | on as regular and up-to-date a basis as possible and at least by the last day of each month, details of the quantities and values, calculated in euro, for which surveillance documents have been issued; |
| --- | --- |

(a)

on as regular and up-to-date a basis as possible and at least by the last day of each month, details of the quantities and values, calculated in euro, for which surveillance documents have been issued;

| (b) | within six weeks of the end of each month, details of imports during that month, in accordance with Article 32 of Commission Regulation No (EC) 1917/2000 (3). |
| --- | --- |

(b)

within six weeks of the end of each month, details of imports during that month, in accordance with Article 32 of Commission Regulation No (EC) 1917/2000 (3).

The information provided by Member States shall be broken down by product and combined nomenclature (‘CN’) code.

2.   The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document.

CHAPTER 2

RETROSPECTIVE SURVEILLANCE

Article 5

1.   Footwear products listed in Annex III shall be subject to a system of retrospective statistical surveillance.

2.   After the release for free circulation of the products, the competent authorities of the Member States shall notify the Commission, if possible on a weekly basis but no less frequently than at the end of each month, of the total quantities imported (in pairs) and their value (value of the goods in euro at the Community frontier), indicating the combined nomenclature code and and using the units and, where appropriate, supplementary units used in that code. Imports shall be broken down in accordance with the statistical procedures in force.

CHAPTER 3

GENERAL PROVISIONS

Article 6

Any notices to be given under this Regulation shall be given to the Commission and shall be communicated electronically via the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.

Article 7

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

The provisions of Chapter 1 shall apply from the 1 February 2005 until 31 January 2006, at the latest.

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

Done at Brussels, 26 January 2005.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2474/2000 (OJ L 286, 11.11.2000, p. 1).

1

(2)  OJ L 65, 8.3.2003, p. 1. Regulation as amended by Regulation (EC) No 1985/2003 (OJ L 295, 13.11.2003, p. 43).

2

(3)  OJ L 229, 9.9.2000, p. 4. Regulation as amended by Regulation (EC) No 1669/2001 (OJ L 224, 21.8.2001, p. 3).

3

---

ANNEX I

LIST OF PRODUCTS SUBJECT TO PRIOR SURVEILLANCE (2005)

| | 6402 99 |
| --- | --- |

6402 99

| | 6403 51 |
| --- | --- |

6403 51

| | 6403 59 |
| --- | --- |

6403 59

| | 6403 91 |
| --- | --- |

6403 91

| | 6403 99 |
| --- | --- |

6403 99

| | 6404 19 10 |
| --- | --- |

6404 19 10

with the exception of

| | 6402 99 10 10 |
| --- | --- |

6402 99 10 10

| | 6402 99 91 10 |
| --- | --- |

6402 99 91 10

| | 6402 99 93 10 |
| --- | --- |

6402 99 93 10

| | 6402 99 96 10 |
| --- | --- |

6402 99 96 10

| | 6402 99 98 11 |
| --- | --- |

6402 99 98 11

| | 6403 91 11 10 |
| --- | --- |

6403 91 11 10

| | 6403 91 13 10 |
| --- | --- |

6403 91 13 10

| | 6403 91 16 10 |
| --- | --- |

6403 91 16 10

| | 6403 91 18 10 |
| --- | --- |

6403 91 18 10

| | 6403 91 91 10 |
| --- | --- |

6403 91 91 10

| | 6403 91 93 10 |
| --- | --- |

6403 91 93 10

| | 6403 91 96 10 |
| --- | --- |

6403 91 96 10

| | 6403 91 98 10 |
| --- | --- |

6403 91 98 10

| | 6403 99 91 10 |
| --- | --- |

6403 99 91 10

| | 6403 99 93 11 + 19 |
| --- | --- |

6403 99 93 11 + 19

| | 6403 99 96 11 + 19 |
| --- | --- |

6403 99 96 11 + 19

| | 6403 99 98 11 + 19 |
| --- | --- |

6403 99 98 11 + 19

---

ANNEX II

LIST OF THE COMPETENT NATIONAL AUTHORITIES

| | BELGIQUE/BELGIË





  Service public fédéral de l’économie, des PME, des classes moyennes et de l’énergie |
| --- | --- |
| Administration du potentiel économique |
| Politiques d'accès aux marchés, Services «Licences» |
| Rue Général Leman 60 |
| B-1040 Bruxelles |
| Télécopieur (32-2) 230 83 22 |

BELGIQUE/BELGIË

Service public fédéral de l’économie, des PME, des classes moyennes et de l’énergie

Administration du potentiel économique

Politiques d'accès aux marchés, Services «Licences»

Rue Général Leman 60

B-1040 Bruxelles

Télécopieur (32-2) 230 83 22

| Federale Overheidsdienst Economie, KMO, Middenstand & Energie |
| --- |
| Bestuur Economisch Potentieel |
| Markttoegangsbeleid, Dienst Vergunningen |
| Generaal Lemanstraat 60 |
| B-1040 Brussel |
| Fax: (32-2) 230 83 22 |

Federale Overheidsdienst Economie, KMO, Middenstand & Energie

Bestuur Economisch Potentieel

Markttoegangsbeleid, Dienst Vergunningen

Generaal Lemanstraat 60

B-1040 Brussel

Fax: (32-2) 230 83 22

| | ČESKÁ REPUBLIKA





  Ministerstvo průmyslu a obchodu |
| --- | --- |
| Licenční správa |
| Na Františku 32 |
| CZ-110 15 Praha 1 |
| Fax: +420 224 21 21 33 |

ČESKÁ REPUBLIKA

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

CZ-110 15 Praha 1

Fax: +420 224 21 21 33

| | DANMARK





  Erhvervs- og Boligstyrelsen |
| --- | --- |
| Økonomi- og Erhvervsministeriet |
| Vejlsøvej 29 |
| DK-8600 Silkeborg |
| Fax (45) 35 46 64 01 |

DANMARK

Erhvervs- og Boligstyrelsen

Økonomi- og Erhvervsministeriet

Vejlsøvej 29

DK-8600 Silkeborg

Fax (45) 35 46 64 01

| | DEUTSCHLAND





  Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) |
| --- | --- |
| Frankfurter Straße 29—35 |
| D-65760 Eschborn 1 |
| Fax: +49-61-969 42 26 |

DEUTSCHLAND

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Frankfurter Straße 29—35

D-65760 Eschborn 1

Fax: +49-61-969 42 26

| | EESTI





  Majandus- ja Kommunikatsiooniministeerium |
| --- | --- |
| Harju 11 |
| EE-15072 Tallinn |
| Fax: +372-631 3660 |

EESTI

Majandus- ja Kommunikatsiooniministeerium

Harju 11

EE-15072 Tallinn

Fax: +372-631 3660

| | ΕΛΛΑΔΑ





  Υπουργείο Οικονομίας και Οικονομικών |
| --- | --- |
| Διεύθυνση Διεθνών Οικονομικών Ροών |
| Κορνάρου 1 |
| GR-105 63 Αθήνα |
| Φαξ: (30-210) 32 86 094 |

ΕΛΛΑΔΑ

Υπουργείο Οικονομίας και Οικονομικών

Διεύθυνση Διεθνών Οικονομικών Ροών

Κορνάρου 1

GR-105 63 Αθήνα

Φαξ: (30-210) 32 86 094

| | ESPAÑA





  Ministerio de Economía |
| --- | --- |
| Secretaría General de Comercio Exterior |
| Subdirección General de Productos Industriales |
| Paseo de la Castellana 162 |
| E-28046 Madrid |
| Fax: (34) 913 49 38 31 |

ESPAÑA

Ministerio de Economía

Secretaría General de Comercio Exterior

Subdirección General de Productos Industriales

Paseo de la Castellana 162

E-28046 Madrid

Fax: (34) 913 49 38 31

| | FRANCE





  Ministère de l’économie, des finances et de l’industrie |
| --- | --- |
| DIGITIP |
| Sous-direction «Textile — Habillement — Cuir» |
| Bureau «Textile-Importations» |
| Le Bervil |
| 12, rue Villiot |
| F-75572 Paris Cedex 12 |
| Télécopieur (33-1) 53 44 91 81 |

FRANCE

Ministère de l’économie, des finances et de l’industrie

DIGITIP

Sous-direction «Textile — Habillement — Cuir»

Bureau «Textile-Importations»

Le Bervil

12, rue Villiot

F-75572 Paris Cedex 12

Télécopieur (33-1) 53 44 91 81

| | IRELAND





  Department of Enterprise, Trade and Employment |
| --- | --- |
| Import/Export Licensing, Block C |
| Earlsfort Centre |
| Hatch Street |
| Dublin 2 |
| Ireland |
| Fax: (353-1) 631 25 62 |

IRELAND

Department of Enterprise, Trade and Employment

Import/Export Licensing, Block C

Earlsfort Centre

Hatch Street

Dublin 2

Ireland

Fax: (353-1) 631 25 62

| | ITALIA





  Ministero delle Attività produttive |
| --- | --- |
| Direzione generale per la Politica commerciale e per la gestione del regime degli scambi |
| Viale America 341 |
| I-00144 Roma |
| Fax (39-06) 59 93 22 35/59 93 26 36 |

ITALIA

Ministero delle Attività produttive

Direzione generale per la Politica commerciale e per la gestione del regime degli scambi

Viale America 341

I-00144 Roma

Fax (39-06) 59 93 22 35/59 93 26 36

| | ΚΥΠΡΟΣ





  Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού Υπηρεσία Εμπορίου |
| --- | --- |
| Μονάδα Έκδοσης Αδειών Εισαγωγής/Εξαγωγής |
| Οδός Ανδρέα Αραούζου 6 |
| CY-1421 Λευκωσία |
| Φαξ: (357-22) 37 51 20 |

ΚΥΠΡΟΣ

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού Υπηρεσία Εμπορίου

Μονάδα Έκδοσης Αδειών Εισαγωγής/Εξαγωγής

Οδός Ανδρέα Αραούζου 6

CY-1421 Λευκωσία

Φαξ: (357-22) 37 51 20

| | LATVIJA





  Latvijas Republikas Ekonomikas ministrija |
| --- | --- |
| Brīvības iela 55 |
| LV-1519 Rīga |
| Fax: +371-728 08 82 |

LATVIJA

Latvijas Republikas Ekonomikas ministrija

Brīvības iela 55

LV-1519 Rīga

Fax: +371-728 08 82

| | LIETUVA





  Lietuvos Respublikos ūkio ministerija |
| --- | --- |
| Prekybos departamentas |
| Gedimino pr. 38/2 |
| LT-01104 Vilnius |
| Fax: (370-5) 26 23 974 |

LIETUVA

Lietuvos Respublikos ūkio ministerija

Prekybos departamentas

Gedimino pr. 38/2

LT-01104 Vilnius

Fax: (370-5) 26 23 974

| | LUXEMBOURG





  Ministère des affaires étrangères |
| --- | --- |
| Office des licences |
| BP 113 |
| L-2011 Luxembourg |
| Télécopieur (352) 46 61 38 |

LUXEMBOURG

Ministère des affaires étrangères

Office des licences

BP 113

L-2011 Luxembourg

Télécopieur (352) 46 61 38

| | MAGYARORSZÁG





  Magyar Kereskedelmi Engedélyezési Hivatal |
| --- | --- |
| Margit krt. 85. |
| H-1024 Budapest |
| Fax: (36-1) 336 73 02 |

MAGYARORSZÁG

Magyar Kereskedelmi Engedélyezési Hivatal

Margit krt. 85.

H-1024 Budapest

Fax: (36-1) 336 73 02

| | MALTA





  Diviżjoni għall-Kummerċ |
| --- | --- |
| Servizzi Kummerċjali |
| Lascaris |
| MT-Valletta CMR02 |
| Fax: +356 2569 0299 |

MALTA

Diviżjoni għall-Kummerċ

Servizzi Kummerċjali

Lascaris

MT-Valletta CMR02

Fax: +356 2569 0299

| | NEDERLAND





  Belastingdienst/Douane centrale dienst voor in- en uitvoer |
| --- | --- |
| Postbus 30003, Engelse Kamp 2 |
| 9700 RD Groningen |
| Nederland |
| Fax: (31-50) 523 23 41 |

NEDERLAND

Belastingdienst/Douane centrale dienst voor in- en uitvoer

Postbus 30003, Engelse Kamp 2

9700 RD Groningen

Nederland

Fax: (31-50) 523 23 41

| | ÖSTERREICH





  Bundesministerium für Wirtschaft und Arbeit |
| --- | --- |
| Außenwirtschaftsadministration |
| Abteilung C2/2 |
| Stubenring 1 |
| A-1011 Wien |
| Fax: +43-1-711 00/83 86 |

ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit

Außenwirtschaftsadministration

Abteilung C2/2

Stubenring 1

A-1011 Wien

Fax: +43-1-711 00/83 86

| | POLSKA





  Ministerstwo Gospodarki, Pracy i Polityki Społecznej |
| --- | --- |
| pl. Trzech Krzyży 3/5 |
| PL-00-507 Warszawa |
| Fax: (48-22) 693 40 21/693 40 22 |

POLSKA

Ministerstwo Gospodarki, Pracy i Polityki Społecznej

pl. Trzech Krzyży 3/5

PL-00-507 Warszawa

Fax: (48-22) 693 40 21/693 40 22

| | PORTUGAL





  Ministério das Finanças |
| --- | --- |
| Direcção-Geral das Alfândegas e dos Impostos |
| Especiais sobre o Consumo |
| Rua Terreiro do Trigo |
| Edifício da Alfândega de Lisboa |
| P-1140-060 Lisboa |
| Fax: (351-21) 881 42 61 |

PORTUGAL

Ministério das Finanças

Direcção-Geral das Alfândegas e dos Impostos

Especiais sobre o Consumo

Rua Terreiro do Trigo

Edifício da Alfândega de Lisboa

P-1140-060 Lisboa

Fax: (351-21) 881 42 61

| | SLOVENIJA





  Ministrstvo za gospodarstvo |
| --- | --- |
| Področje za ekonomske odnose s tujino |
| Kotnikova 5 |
| SI-1000 Ljubljana |
| Fax: (386-1) 478 36 11 |

SLOVENIJA

Ministrstvo za gospodarstvo

Področje za ekonomske odnose s tujino

Kotnikova 5

SI-1000 Ljubljana

Fax: (386-1) 478 36 11

| | SLOVENSKÁ REPUBLIKA





  Ministerstvo hospodárstva SR |
| --- | --- |
| Odbor licencií |
| Mierová 19 |
| SK-827 15 Bratislava 212 |
| Fax: (421-2) 43 42 39 19 |

SLOVENSKÁ REPUBLIKA

Ministerstvo hospodárstva SR

Odbor licencií

Mierová 19

SK-827 15 Bratislava 212

Fax: (421-2) 43 42 39 19

| | SUOMI/FINLAND





  Tullihallitus |
| --- | --- |
| PL 512 |
| FI-00101 Helsinki |
| Fax: (358-20) 492 28 52 |

SUOMI/FINLAND

Tullihallitus

PL 512

FI-00101 Helsinki

Fax: (358-20) 492 28 52

| Tullstyrelsen |
| --- |
| PB 512 |
| FI-00101 Helsingfors |
| Fax: (358-20) 492 28 52 |

Tullstyrelsen

PB 512

FI-00101 Helsingfors

Fax: (358-20) 492 28 52

| | SVERIGE





  Kommerskollegium |
| --- | --- |
| Box 6803 |
| S-113 86 Stockholm |
| Fax: (46-8) 30 67 59 |

SVERIGE

Kommerskollegium

Box 6803

S-113 86 Stockholm

Fax: (46-8) 30 67 59

| | UNITED KINGDOM





  Department of Trade and Industry |
| --- | --- |
| Import Licensing Branch |
| Queensway House — West Precinct |
| Billingham TS23 2NF |
| United Kingdom |
| Fax: (44-1642) 36 42 69 |

UNITED KINGDOM

Department of Trade and Industry

Import Licensing Branch

Queensway House — West Precinct

Billingham TS23 2NF

United Kingdom

Fax: (44-1642) 36 42 69

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ANNEX III

LIST OF PRODUCTS SUBJECT TO RETROSPECTIVE SURVEILLANCE

| | 6401 91 |
| --- | --- |

6401 91

| | 6401 92 |
| --- | --- |

6401 92

| | 6401 99 |
| --- | --- |

6401 99

| | 6402 19 |
| --- | --- |

6402 19

| | 6402 20 |
| --- | --- |

6402 20

| | 6402 91 |
| --- | --- |

6402 91

| | 6402 99 |
| --- | --- |

6402 99

| | 6403 12 |
| --- | --- |

6403 12

| | 6403 19 |
| --- | --- |

6403 19

| | 6403 20 |
| --- | --- |

6403 20

| | 6403 30 |
| --- | --- |

6403 30

| | 6403 40 |
| --- | --- |

6403 40

| | 6403 51 |
| --- | --- |

6403 51

| | 6403 59 |
| --- | --- |

6403 59

| | 6403 91 |
| --- | --- |

6403 91

| | 6403 99 |
| --- | --- |

6403 99

| | 6404 11 |
| --- | --- |

6404 11

| | 6404 19 |
| --- | --- |

6404 19

| | 6404 20 |
| --- | --- |

6404 20

| | 6405 10 |
| --- | --- |

6405 10

| | 6405 20 |
| --- | --- |

6405 20

| | 6405 90 |
| --- | --- |

6405 90

| | 6404 19 10 |
| --- | --- |

6404 19 10

| | 6402 99 10 10 |
| --- | --- |

6402 99 10 10

| | 6402 99 91 10 |
| --- | --- |

6402 99 91 10

| | 6402 99 93 10 |
| --- | --- |

6402 99 93 10

| | 6402 99 96 10 |
| --- | --- |

6402 99 96 10

| | 6402 99 98 11 |
| --- | --- |

6402 99 98 11

| | 6403 91 11 10 |
| --- | --- |

6403 91 11 10

| | 6403 91 13 10 |
| --- | --- |

6403 91 13 10

| | 6403 91 16 10 |
| --- | --- |

6403 91 16 10

| | 6403 91 18 10 |
| --- | --- |

6403 91 18 10

| | 6403 91 91 10 |
| --- | --- |

6403 91 91 10

| | 6403 91 93 10 |
| --- | --- |

6403 91 93 10

| | 6403 91 96 10 |
| --- | --- |

6403 91 96 10

| | 6403 91 98 10 |
| --- | --- |

6403 91 98 10

| | 6403 99 91 10 |
| --- | --- |

6403 99 91 10

| | 6403 99 93 11 + 19 |
| --- | --- |

6403 99 93 11 + 19

| | 6403 99 96 11 + 19 |
| --- | --- |

6403 99 96 11 + 19

| | 6403 99 98 11 + 19 |
| --- | --- |

6403 99 98 11 + 19

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/15 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/15

---

COMMISSION REGULATION (EC) No 118/2005

of 26 January 2005

modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) N 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Articles 64(2), 70(2), 71(2), 143b(3) and 145(i) thereof,

Whereas:

| (1) | For the Member States making use of the option provided for in Article 62 of Regulation (EC) No 1782/2003, and in function of the information communicated as referred to in Article 145(i) of that Regulation, the amounts of Annex VIII to that Regulation should be revised. |
| --- | --- |

(1)

For the Member States making use of the option provided for in Article 62 of Regulation (EC) No 1782/2003, and in function of the information communicated as referred to in Article 145(i) of that Regulation, the amounts of Annex VIII to that Regulation should be revised.

| (2) | For Member States implementing the single payment scheme provided for in Title III of Regulation (EC) No 1782/2003 in 2005, the budgetary ceilings for each of the payments referred to in Articles 66 to 69 of that Regulation should be fixed for 2005. |
| --- | --- |

(2)

For Member States implementing the single payment scheme provided for in Title III of Regulation (EC) No 1782/2003 in 2005, the budgetary ceilings for each of the payments referred to in Articles 66 to 69 of that Regulation should be fixed for 2005.

| (3) | For the Member States making use, in 2005, of the option provided for in Article 70 of Regulation (EC) No 1782/2003, the budgetary ceilings applying to the direct payments excluded from the single payment scheme should be fixed for 2005. |
| --- | --- |

(3)

For the Member States making use, in 2005, of the option provided for in Article 70 of Regulation (EC) No 1782/2003, the budgetary ceilings applying to the direct payments excluded from the single payment scheme should be fixed for 2005.

| (4) | For the Member States making use of the transitional period provided for in Article 71 of Regulation (EC) No 1782/2003, the budgetary ceilings applying to the direct payments listed in Annexe VI to that Regulation should be fixed for 2005. |
| --- | --- |

(4)

For the Member States making use of the transitional period provided for in Article 71 of Regulation (EC) No 1782/2003, the budgetary ceilings applying to the direct payments listed in Annexe VI to that Regulation should be fixed for 2005.

| (5) | For the sake of clarity, it is appropriate to publish the budgetary ceilings for 2005 of the single payment scheme after deduction, from the revised ceilings of Annex VIII to Regulation (EC) No 1782/2003, of the ceilings established for the payments referred to in Articles 66 to 70 of that Regulation. |
| --- | --- |

(5)

For the sake of clarity, it is appropriate to publish the budgetary ceilings for 2005 of the single payment scheme after deduction, from the revised ceilings of Annex VIII to Regulation (EC) No 1782/2003, of the ceilings established for the payments referred to in Articles 66 to 70 of that Regulation.

| (6) | For those of the Member States which acceded to the Community in 2004 and will implement the Single Area Payment Scheme provided for in Title IVa of Regulation (EC) No 1782/2003 in 2005, the annual financial envelopes for that year should be fixed in accordance with Article 143b (3) of that Regulation. |
| --- | --- |

(6)

For those of the Member States which acceded to the Community in 2004 and will implement the Single Area Payment Scheme provided for in Title IVa of Regulation (EC) No 1782/2003 in 2005, the annual financial envelopes for that year should be fixed in accordance with Article 143b (3) of that Regulation.

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

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex VIII to Regulation (EC) No 1782/2003 is replaced by the text set out in Annex I to this Regulation.

Article 2

1.   The budgetary ceilings for 2005 referred to in Article 64(2) of Regulation (EC) No 1782/2003 shall be as set out in Annexes II and III to this Regulation.

2.   The budgetary ceilings for 2005 referred to in Article 71(2) of Regulation (EC) No 1782/2003 shall be as set out in Annex IV to this Regulation.

3.   The budgetary ceilings for the single payment scheme in 2005 shall be as set out in Annex V to this Regulation.

4.   The annual financial envelopes for 2005 referred to in Article 143b(3) of Regulation (EC) No 1782/2003 shall be as set out in Annex VI to this Regulation.

Article 3

The Member States choosing the regional implementation provided for in Article 58 of Regulation (EC) No 1782/2003 shall communicate to the Commission the regional ceilings established by 31 December of the first year of implementation of the single payment scheme by 1st March of the following year.

Article 4

This Regulation shall enter into force on the seventh 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, 26 January 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

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ANNEX I

‘ANNEX VIII

NATIONAL CEILINGS REFERRED TO IN ARTICLE 41

| (EUR 1000) |
| --- |
| | 2005 | 2006 | 2007, 2008 and 2009 | 2010 and subsequent |
| Belgium | 411 053 | 530 573 | 530 053 | 530 053 |
| Denmark | 943 369 | 996 165 | 996 000 | 996 000 |
| Germany | 5 148 003 | 5 492 201 | 5 492 000 | 5 496 000 |
| Greece | 838 289 | 1 701 289 | 1 723 289 | 1 761 289 |
| Spain | 3 266 092 | 4 065 063 | 4 263 063 | 4 275 063 |
| France | 7 199 000 | 7 231 000 | 8 091 000 | 8 099 000 |
| Ireland | 1 260 142 | 1 322 305 | 1 322 080 | 1 322 080 |
| Italy | 2 539 000 | 3 464 517 | 3 464 000 | 3 497 000 |
| Luxembourg | 33 414 | 36 602 | 37 051 | 37 051 |
| Netherlands | 386 586 | 386 586 | 779 586 | 779 586 |
| Austria | 613 000 | 614 000 | 712 000 | 712 000 |
| Portugal | 452 000 | 493 000 | 559 000 | 561 000 |
| Finland | 467 000 | 467 000 | 552 000 | 552 000 |
| Sweden | 637 388 | 650 108 | 729 000 | 729 000 |
| United Kingdom | 3 697 528 | 3 870 420 | 3 870 473 | 3 870 473’ |

(EUR 1000)

2005

2006

2007, 2008 and 2009

2010 and subsequent

Belgium

411 053

530 573

530 053

530 053

Denmark

943 369

996 165

996 000

996 000

Germany

5 148 003

5 492 201

5 492 000

5 496 000

Greece

838 289

1 701 289

1 723 289

1 761 289

Spain

3 266 092

4 065 063

4 263 063

4 275 063

France

7 199 000

7 231 000

8 091 000

8 099 000

Ireland

1 260 142

1 322 305

1 322 080

1 322 080

Italy

2 539 000

3 464 517

3 464 000

3 497 000

Luxembourg

33 414

36 602

37 051

37 051

Netherlands

386 586

386 586

779 586

779 586

Austria

613 000

614 000

712 000

712 000

Portugal

452 000

493 000

559 000

561 000

Finland

467 000

467 000

552 000

552 000

Sweden

637 388

650 108

729 000

729 000

United Kingdom

3 697 528

3 870 420

3 870 473

3 870 473’

---

ANNEX II

BUDGETARY CEILINGS FOR DIRECT PAYMENTS TO BE GRANTED UNDER ARTICLES 65 TO 69 OF REGULATION (EC) No 1782/2003

Calendar year 2005

| (EUR 1000) |
| --- |
| | Belgium | Denmark | Germany | Italy | Austria | Portugal | Sweden | United Kingdom |
| | Flanders | Scotland |
| Suckler cow premium | 77 565 | | | | | 70 578 | 79 031 | | |
| Add. suckler cow premium | 19 389 | | | | | 99 | 9 503 | | |
| Special beef premium | | | 33 085 | | | | | 37 446 | |
| Slaughter premium, adults | | | | | | 17 348 | 8 657 | | |
| Slaughter premium, calves | | 6 384 | | | | 5 085 | 946 | | |
| Sheep and goat premium | | | 855 | | | | 21 892 | | |
| Sheep and goat suppl. premium | | | | | | | 7 184 | | |
| Hops | | | | 2 277 | | 27 | | | |
| Article 69 | | | | | | | | 2 869 | |
| Article 69, arable crops | | | | | 142 491 | | 1 885 | | |
| Article 69, Rice | | | | | | | 150 | | |
| Article 69, Beef and veal | | | | | 28 674 | | 1 684 | | 29 800 |
| Article 69, Sheep and goat | | | | | 8 665 | | 616 | | |

(EUR 1000)

Belgium

Denmark

Germany

Italy

Austria

Portugal

Sweden

United Kingdom

Flanders

Scotland

Suckler cow premium

77 565

70 578

79 031

Add. suckler cow premium

19 389

99

9 503

Special beef premium

33 085

37 446

Slaughter premium, adults

17 348

8 657

Slaughter premium, calves

6 384

5 085

946

Sheep and goat premium

855

21 892

Sheep and goat suppl. premium

7 184

Hops

2 277

27

Article 69

2 869

Article 69, arable crops

142 491

1 885

Article 69, Rice

150

Article 69, Beef and veal

28 674

1 684

29 800

Article 69, Sheep and goat

8 665

616

---

ANNEX III

BUDGETARY CEILINGS FOR DIRECT PAYMENTS TO BE GRANTED UNDER ARTICLE 70 OF REGULATION (EC) No 1782/2003

Calendar year 2005

| (EUR 1000) |
| --- |
| | Belgium | Italy | Portugal |
| Article 70(1)(a) |
| Production aid for seeds | 1 397 (1) | 13 321 | 272 |
| Article 70(1)(b) |
| Arable crops payments | | | 1 871 |

(EUR 1000)

Belgium

Italy

Portugal

Article 70(1)(a)

Production aid for seeds

1 397 (1)

13 321

272

Article 70(1)(b)

Arable crops payments

1 871

---

(1)  Aid for Triticum spelta L. (100 %) and aid for Linum usitatissimum L. (fibre flax) (100 %) excluded from single payment scheme.

---

ANNEX IV

BUDGETARY CEILINGS FOR DIRECT PAYMENTS TO BE GRANTED UNDER ARTICLE 71 OF REGULATION (EC) No 1782/2003

Calendar year 2005

| (EUR 1000) |
| --- |
| | Greece | Finland | France (1) | Malta | Netherlands | Slovenia | Spain (1) |
| Arable crops area payments 63 EUR/t | 297 389 | 278 100 | 5 075 810 | 174 | 174 186 | 12 467 | 1 621 440 |
| Arable crops area payments 63 EUR/t, POSEI | | | | | | | 23 |
| Specific regional aid for arable crops 24 EUR/t | | 80 700 | | | | | |
| Durum wheat supplementary payment (291 EUR/ha) and special aid for non traditional zones (46 EUR/ha) | 179 500 | | 62 828 | | | | 171 822 |
| Grain legumes aid | 2 100 | | 1 370 | | | | 60 518 |
| Grain legumes aid, POSEI | | | | | | | 1 |
| Seed aid | 1 400 | 2 900 | 15 826 | 29 | 10 400 | 35 | 10 347 |
| Suckler cow premium | 25 700 | 9 300 | 734 908 | 26 | 10 900 | 5 183 | 279 830 |
| Additional suckler cow premium | 3 100 | 600 | 1 137 | 3 | | 626 | 28 937 |
| Special beef premium | 29 900 | 40 700 | 379 025 | 201 | 20 400 | 5 813 | 147 721 |
| Slaughter premium, adults | 8 000 | 27 600 | 233 620 | 144 | 62 200 | 3 867 | 142 954 |
| Slaughter premium, calves | | 100 | 69 748 | | 40 300 | 538 | 602 |
| Beef extensification payment | 17 600 | 16 780 | 277 228 | | 900 | 5 360 | 153 486 |
| Additional payments to beef producers | 3 800 | 6 100 | 90 586 | 19 | 23 900 | 889 | 31 699 |
| Sheep and goat premium | 180 300 | 1 200 | 133 716 | 53 | 13 800 | 520 | 366 997 |
| Sheep and goat supplementary premium | 63 200 | 400 | 40 208 | 18 | 300 | 178 | 111 589 |
| Additional payments to sheep and goat producers | 8 800 | 100 | 7 083 | 3 | 700 | 26 | 18 655 |
| Payments to starch potato producers (EUR 44,216/t) | | 2 400 | 11 157 | | 21 800 | | |
| Area aid for rice (EUR 102/t) | 15 400 | | 10 770 | | | | 67 991 |
| Area aid for rice (EUR 102/t), French Overseas Departments | | | 3 053 | | | | |
| Dried fodder income payments | 1 100 | 20 | 41 224 | | 6 800 | | 44 075 |
| Add. beef and sheep premiums in Aegean Islands | 1 000 | | | | | | |
| Hops area aid | | | 398 | | | 298 | 375 |

(EUR 1000)

Greece

Finland

France (1)

Malta

Netherlands

Slovenia

Spain (1)

Arable crops area payments 63 EUR/t

297 389

278 100

5 075 810

174

174 186

12 467

1 621 440

Arable crops area payments 63 EUR/t, POSEI

23

Specific regional aid for arable crops 24 EUR/t

80 700

Durum wheat supplementary payment (291 EUR/ha) and special aid for non traditional zones (46 EUR/ha)

179 500

62 828

171 822

Grain legumes aid

2 100

1 370

60 518

Grain legumes aid, POSEI

1

Seed aid

1 400

2 900

15 826

29

10 400

35

10 347

Suckler cow premium

25 700

9 300

734 908

26

10 900

5 183

279 830

Additional suckler cow premium

3 100

600

1 137

3

626

28 937

Special beef premium

29 900

40 700

379 025

201

20 400

5 813

147 721

Slaughter premium, adults

8 000

27 600

233 620

144

62 200

3 867

142 954

Slaughter premium, calves

100

69 748

40 300

538

602

Beef extensification payment

17 600

16 780

277 228

900

5 360

153 486

Additional payments to beef producers

3 800

6 100

90 586

19

23 900

889

31 699

Sheep and goat premium

180 300

1 200

133 716

53

13 800

520

366 997

Sheep and goat supplementary premium

63 200

400

40 208

18

300

178

111 589

Additional payments to sheep and goat producers

8 800

100

7 083

3

700

26

18 655

Payments to starch potato producers (EUR 44,216/t)

2 400

11 157

21 800

Area aid for rice (EUR 102/t)

15 400

10 770

67 991

Area aid for rice (EUR 102/t), French Overseas Departments

3 053

Dried fodder income payments

1 100

20

41 224

6 800

44 075

Add. beef and sheep premiums in Aegean Islands

1 000

Hops area aid

398

298

375

---

(1)  Aids corresponding to premiums paid in animal sectors during the reference years 2000-2002 in the outermost regions have been deducted

---

ANNEX V

BUDGETARY CEILINGS FOR SINGLE PAYMENT SCHEME IN MEMBER STATES OR REGIONS

Calendar year 2005

| (EUR 1000) |
| --- |
| Member State and/or region | |
| BELGIUM (3) | Flanders |

(EUR 1000)

Member State and/or region

BELGIUM (3)

Flanders

| | Wallonia |
| --- | --- |

Wallonia

306 318

DENMARK

909 429

GERMANY (3)

| | Baden-Wurttemberg |
| --- | --- |

Baden-Wurttemberg

| | Bayern |
| --- | --- |

Bayern

| | Brandenburg and Berlin |
| --- | --- |

Brandenburg and Berlin

| | Hessen |
| --- | --- |

Hessen

| | Niedersachsen and Bremen |
| --- | --- |

Niedersachsen and Bremen

| | Mecklenburg-Vorpommern |
| --- | --- |

Mecklenburg-Vorpommern

| | Nordrhein-Westfalen |
| --- | --- |

Nordrhein-Westfalen

| | Rheinland-Pfalz |
| --- | --- |

Rheinland-Pfalz

| | Saarland |
| --- | --- |

Saarland

| | Sachsen |
| --- | --- |

Sachsen

| | Sachsen-Anhalt |
| --- | --- |

Sachsen-Anhalt

| | Schleswig-Holstein and Hamburg |
| --- | --- |

Schleswig-Holstein and Hamburg

| | Thuringen |
| --- | --- |

Thuringen

5 145 726

IRELAND

1 260 142

ITALY

2 345 849

LUXEMBOURG

33 414

AUSTRIA

519 863

PORTUGAL (1)
   (2)

302 562

SWEDEN (3)

| | Region 1 |
| --- | --- |

Region 1

| | Region 2 |
| --- | --- |

Region 2

| | Region 3 |
| --- | --- |

Region 3

| | Region 4 |
| --- | --- |

Region 4

| | Region 5 |
| --- | --- |

Region 5

597 073

UNITED KINGDOM (3)

| | England 1 |
| --- | --- |

England 1

| | England 2 |
| --- | --- |

England 2

| | England 3 |
| --- | --- |

England 3

| | Scotland |
| --- | --- |

Scotland

| | Wales |
| --- | --- |

Wales

| | Northern Ireland |
| --- | --- |

Northern Ireland

3 667 728

---

(1)  Aid corresponding to premiums paid in animal sectors during the reference years 2000-2002 in the outermost regions has been deducted.

(2)  Transfer of 10 000 suckler cow and additional suckler cow premiums to Azores as provided for in Article 147(3)(b) of Regulation (EC) No 1782/2003 deducted.

(3)  To be replaced by regional ceilings communicated according to Article 3 of this Regulation

---

ANNEX VI

ANNUAL FINANCIAL ENVELOPES FOR THE SINGLE AREA PAYMENT SCHEME

Calendar year 2005

| (EUR 1000) |
| --- |
| Member State | |
| Czech Republic | 249 296 |
| Estonia | 27 908 |
| Hungary | 375 431 |
| Latvia | 38 995 |
| Lithuania | 104 346 |
| Poland | 823 166 |
| Slovak Republic | 106 959 |
| Cyprus | 14 274 |

(EUR 1000)

Member State

Czech Republic

249 296

Estonia

27 908

Hungary

375 431

Latvia

38 995

Lithuania

104 346

Poland

823 166

Slovak Republic

106 959

Cyprus

14 274

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/22 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/22

---

COMMISSION REGULATION (EC) No 119/2005

of 26 January 2005

fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,

Whereas:

| (1) | Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries. |
| --- | --- |

(1)

Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.

| (2) | The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2). |
| --- | --- |

(2)

The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2).

| (3) | Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community. |
| --- | --- |

(3)

Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.

| (4) | In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market. |
| --- | --- |

(4)

In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.

| (5) | In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations. |
| --- | --- |

(5)

In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.

| (6) | The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary. |
| --- | --- |

(6)

The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.

| (7) | The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period. |
| --- | --- |

(7)

The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.

| (8) | It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto. |
| --- | --- |

(8)

It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.

| (9) | The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(9)

The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 27 January 2005.

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

Done at Brussels, 26 January 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

1

(2)  OJ L 78, 31.3.1972, p. 1. Regulation as last amended by Regulation (EEC) No 2962/77 (OJ L 348, 30.12.1977, p. 53).

2

---

ANNEX

to the Commission Regulation of 26 January 2005 fixing the export refunds on olive oil

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1509 10 90 9100 | A00 | EUR/100 kg | 0,00 |
| 1509 10 90 9900 | A00 | EUR/100 kg | 0,00 |
| 1509 90 00 9100 | A00 | EUR/100 kg | 0,00 |
| 1509 90 00 9900 | A00 | EUR/100 kg | 0,00 |
| 1510 00 90 9100 | A00 | EUR/100 kg | 0,00 |
| 1510 00 90 9900 | A00 | EUR/100 kg | 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 refund

1509 10 90 9100

A00

EUR/100 kg

0,00

1509 10 90 9900

A00

EUR/100 kg

0,00

1509 90 00 9100

A00

EUR/100 kg

0,00

1509 90 00 9900

A00

EUR/100 kg

0,00

1510 00 90 9100

A00

EUR/100 kg

0,00

1510 00 90 9900

A00

EUR/100 kg

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).

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/24 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/24

---

COMMISSION REGULATION (EC) No 120/2005

of 26 January 2005

determining the extent to which the applications for import licences submitted in January 2005 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),

Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 16(2) thereof,

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

The allocation coefficients set out in the Annex to this Regulation shall be applied to the quantities for which import licences have been sought for the period from 1 to 10 January 2005 in respect of products falling within the quotas referred to in parts I.A, I.B, points 5 and 6, and parts I.C, I.D, I.E, I.F, I.G and I.H, of Annex I to Regulation (EC) No 2535/2001.

Article 2

This Regulation shall enter into force on 27 January 2005.

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

Done at Brussels, 26 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 748/2004 (OJ L 118, 23.4.2004, p. 3).

2

---

ANNEX I.A

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4590 | 1,0000 |
| 09.4599 | 1,0000 |
| 09.4591 | — |
| 09.4592 | — |
| 09.4593 | — |
| 09.4594 | 1,0000 |
| 09.4595 | 0,0080 |
| 09.4596 | 1,0000 |

Quota number

Allocation coefficient

09.4590

1,0000

09.4599

1,0000

09.4591

—

09.4592

—

09.4593

—

09.4594

1,0000

09.4595

0,0080

09.4596

1,0000

---

ANNEX I.B

5.   Products originating in Roumania

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4758 | 0,2690 |

Quota number

Allocation coefficient

09.4758

0,2690

6.   Products originating in Bulgaria

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4660 | 0,8697 |
| 09.4675 | — |

Quota number

Allocation coefficient

09.4660

0,8697

09.4675

—

---

ANNEX I.C

Products originating in ACP countries

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4026 | — |
| 09.4027 | — |

Quota number

Allocation coefficient

09.4026

—

09.4027

—

---

ANNEX I.D

Products originating in Turkey

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4101 | — |

Quota number

Allocation coefficient

09.4101

—

---

ANNEX I.Ε

Products originating from South Africa

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4151 | — |

Quota number

Allocation coefficient

09.4151

—

---

ANNEX I.F

Products originating from Switzerland

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4155 | 0,4280 |
| 09.4156 | 1,0000 |

Quota number

Allocation coefficient

09.4155

0,4280

09.4156

1,0000

---

ANNEX I.G

Products originating in Jordan

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4159 | — |

Quota number

Allocation coefficient

09.4159

—

---

ANNEX I.H

Products originating in Norway

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4781 | 1,0000 |
| 09.4782 | 0,8883 |

Quota number

Allocation coefficient

09.4781

1,0000

09.4782

0,8883

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/27 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/27

---

COMMISSION REGULATION (EC) No 121/2005

of 25 January 2005

establishing unit values for the determination of the customs value of certain perishable goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

Having regard to Commission Regulation (EEC) No 2454/93 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,

Whereas:

| (1) | Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation. |
| --- | --- |

(1)

Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.

| (2) | The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question, |
| --- | --- |

(2)

The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,

HAS ADOPTED THIS REGULATION:

Article 1

The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 January 2005.

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

Done at Brussels, 25 January 2005.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

1

(2)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

2

---

ANNEX

| Code | Description | Amount of unit values per 100 kg |
| --- | --- | --- |
| Species, varieties, CN code | EUR
  LTL
  SEK | CYP
  LVL
  GBP | CZK
  MTL | DKK
  PLN | EEK
  SIT | HUF
  SKK |
| 1.10 | New potatoes
  0701 90 50 | 39,44 | 22,96 | 1 197,96 | 293,51 | 617,13 | 9 727,48 |
| 136,18 | 27,46 | 17,02 | 160,78 | 9 456,91 | 1 524,81 |
| 357,22 | 27,42 | | | | |
| 1.30 | Onions (other than seed)
  0703 10 19 | 112,40 | 65,42 | 3 413,85 | 836,43 | 1 758,64 | 27 720,60 |
| 388,09 | 78,25 | 48,49 | 458,17 | 26 949,55 | 4 345,29 |
| 1 017,98 | 78,15 | | | | |
| 1.40 | Garlic
  0703 20 00 | 104,82 | 61,01 | 3 183,83 | 780,07 | 1 640,14 | 25 852,82 |
| 361,94 | 72,98 | 45,22 | 427,30 | 25 133,72 | 4 052,51 |
| 949,39 | 72,88 | | | | |
| 1.50 | Leeks
  ex 0703 90 00 | 59,06 | 34,37 | 1 793,78 | 439,49 | 924,06 | 14 565,55 |
| 203,92 | 41,12 | 25,48 | 240,74 | 14 160,41 | 2 283,19 |
| 534,89 | 41,06 | | | | |
| 1.60 | Cauliflowers
  0704 10 00 | — | — | — | — | — | — |
| 1.80 | White cabbages and red cabbages
  0704 90 10 | 48,40 | 28,17 | 1 470,05 | 360,18 | 757,30 | 11 936,89 |
| 167,12 | 33,70 | 20,88 | 197,29 | 11 604,87 | 1 871,14 |
| 438,36 | 33,65 | | | | |
| 1.90 | Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)
  ex 0704 90 90 | 61,43 | 35,67 | 1 861,51 | 457,03 | 961,17 | 15 270,27 |
| 212,11 | 42,80 | 26,59 | 251,32 | 14 729,07 | 2 371,69 |
| 554,70 | 43,17 | | | | |
| 1.100 | Chinese cabbage
  ex 0704 90 90 | 81,72 | 47,56 | 2 482,08 | 608,14 | 1 278,64 | 20 154,60 |
| 282,16 | 56,89 | 35,25 | 333,12 | 19 594,00 | 3 159,30 |
| 740,14 | 56,82 | | | | |
| 1.110 | Cabbage lettuce (head lettuce)
  0705 11 00 | — | — | — | — | — | — |
| 1.130 | Carrots
  ex 0706 10 00 | 26,74 | 15,56 | 812,17 | 198,99 | 418,39 | 6 594,89 |
| 92,33 | 18,62 | 11,54 | 109,00 | 6 411,45 | 1 033,77 |
| 242,18 | 18,59 | | | | |
| 1.140 | Radishes
  ex 0706 90 90 | 65,19 | 37,94 | 1 979,94 | 485,11 | 1 019,96 | 16 077,19 |
| 225,08 | 45,38 | 28,12 | 265,72 | 15 630,01 | 2 520,15 |
| 590,40 | 45,32 | | | | |
| 1.160 | Peas (Pisum sativum)
  0708 10 00 | 290,43 | 169,03 | 8 821,12 | 2 161,27 | 4 544,18 | 71 627,84 |
| 1 002,78 | 202,19 | 125,29 | 1 183,86 | 69 635,51 | 11 227,88 |
| 2 630,39 | 201,93 | | | | |
| 1.170 | Beans: | | | | | | |
| 1.170.1 | — | Beans (Vigna spp., Phaseolus spp.)
  ex 0708 20 00 |

Code

Description

Amount of unit values per 100 kg

Species, varieties, CN code

EUR

LTL

SEK

CYP

LVL

GBP

CZK

MTL

DKK

PLN

EEK

SIT

HUF

SKK

1.10

New potatoes

0701 90 50

39,44

22,96

1 197,96

293,51

617,13

9 727,48

136,18

27,46

17,02

160,78

9 456,91

1 524,81

357,22

27,42

1.30

Onions (other than seed)

0703 10 19

112,40

65,42

3 413,85

836,43

1 758,64

27 720,60

388,09

78,25

48,49

458,17

26 949,55

4 345,29

1 017,98

78,15

1.40

Garlic

0703 20 00

104,82

61,01

3 183,83

780,07

1 640,14

25 852,82

361,94

72,98

45,22

427,30

25 133,72

4 052,51

949,39

72,88

1.50

Leeks

ex 0703 90 00

59,06

34,37

1 793,78

439,49

924,06

14 565,55

203,92

41,12

25,48

240,74

14 160,41

2 283,19

534,89

41,06

1.60

Cauliflowers

0704 10 00

—

—

—

—

—

—

1.80

White cabbages and red cabbages

0704 90 10

48,40

28,17

1 470,05

360,18

757,30

11 936,89

167,12

33,70

20,88

197,29

11 604,87

1 871,14

438,36

33,65

1.90

Sprouting broccoli or calabrese (Brassica oleracea L. convar. botrytis (L.) Alef var. italica Plenck)

ex 0704 90 90

61,43

35,67

1 861,51

457,03

961,17

15 270,27

212,11

42,80

26,59

251,32

14 729,07

2 371,69

554,70

43,17

1.100

Chinese cabbage

ex 0704 90 90

81,72

47,56

2 482,08

608,14

1 278,64

20 154,60

282,16

56,89

35,25

333,12

19 594,00

3 159,30

740,14

56,82

1.110

Cabbage lettuce (head lettuce)

0705 11 00

—

—

—

—

—

—

1.130

Carrots

ex 0706 10 00

26,74

15,56

812,17

198,99

418,39

6 594,89

92,33

18,62

11,54

109,00

6 411,45

1 033,77

242,18

18,59

1.140

Radishes

ex 0706 90 90

65,19

37,94

1 979,94

485,11

1 019,96

16 077,19

225,08

45,38

28,12

265,72

15 630,01

2 520,15

590,40

45,32

1.160

Peas (Pisum sativum)

0708 10 00

290,43

169,03

8 821,12

2 161,27

4 544,18

71 627,84

1 002,78

202,19

125,29

1 183,86

69 635,51

11 227,88

2 630,39

201,93

1.170

Beans:

1.170.1

—

Beans (Vigna spp., Phaseolus spp.)

ex 0708 20 00

189,88

110,51

5 767,20

1 413,02

2 970,97

46 829,93

655,62

132,19

81,91

774,00

45 527,36

7 340,73

1 719,74

132,02

1.170.2

| — | Beans (Phaseolus spp., vulgaris var. Compressus Savi)
  ex 0708 20 00 |
| --- | --- |

—

Beans (Phaseolus spp., vulgaris var. Compressus Savi)

ex 0708 20 00

414,36

241,16

12 585,36

3 083,54

6 483,33

102 193,61

1 430,70

288,48

178,75

1 689,06

99 351,10

16 019,16

3 752,86

288,10

1.180

Broad beans

ex 0708 90 00

—

—

—

—

—

—

1.190

Globe artichokes

0709 10 00

—

—

—

—

—

—

1.200

Asparagus:

1.200.1

| — | green
  ex 0709 20 00 |
| --- | --- |

—

green

ex 0709 20 00

247,19

143,86

7 507,77

1 839,48

3 867,62

60 963,41

853,48

172,09

106,64

1 007,60

59 267,72

9 556,20

2 238,76

171,87

1.200.2

| — | other
  ex 0709 20 00 |
| --- | --- |

—

other

ex 0709 20 00

337,07

196,18

10 237,91

2 508,39

5 274,04

83 132,26

1 163,84

234,67

145,41

1 374,01

80 819,95

13 031,23

3 052,87

234,37

1.210

Aubergines (eggplants)

0709 30 00

148,47

86,41

4 509,44

1 104,86

2 323,03

36 616,81

512,63

103,36

64,05

605,20

35 598,32

5 739,80

1 344,68

103,23

1.220

Ribbed celery (Apium graveolens L., var. dulce (Mill.) Pers.)

ex 0709 40 00

96,51

56,17

2 931,32

718,20

1 510,06

23 802,43

333,23

67,19

41,63

393,41

23 140,37

3 731,10

874,10

67,10

1.230

Chantarelles

0709 59 10

926,44

539,19

28 138,76

6 894,29

14 495,64

228 487,90

3 198,81

644,99

399,67

3 776,45

222 132,52

35 816,17

8 390,77

644,15

1.240

Sweet peppers

0709 60 10

149,31

86,90

4 534,93

1 111,11

2 336,16

36 823,83

515,53

103,95

64,41

608,62

35 799,58

5 772,25

1 352,28

103,81

1.250

Fennel

0709 90 50

—

—

—

—

—

—

1.270

Sweet potatoes, whole, fresh (intended for human consumption)

0714 20 10

99,03

57,64

3 007,87

736,96

1 549,50

24 424,04

341,93

68,95

42,72

403,68

23 744,69

3 828,54

896,92

68,86

2.10

Chestnuts (Castanea spp.) fresh

ex 0802 40 00

—

—

—

—

—

—

2.30

Pineapples, fresh

ex 0804 30 00

82,05

47,76

2 492,24

610,62

1 283,87

20 237,08

283,32

57,13

35,40

334,48

19 674,18

3 172,22

743,17

57,05

2.40

Avocados, fresh

ex 0804 40 00

106,24

61,83

3 226,85

790,61

1 662,31

26 202,19

366,83

73,96

45,83

433,07

25 473,38

4 107,27

962,22

73,87

2.50

Guavas and mangoes, fresh

ex 0804 50

—

—

—

—

—

—

2.60

Sweet oranges, fresh:

2.60.1

| — | Sanguines and semi-sanguines
  0805 10 10 |
| --- | --- |

—

Sanguines and semi-sanguines

0805 10 10

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.2

| — | Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins
  0805 10 30 |
| --- | --- |

—

Navels, navelines, navelates, salustianas, vernas, Valencia lates, Maltese, shamoutis, ovalis, trovita and hamlins

0805 10 30

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.60.3

| — | Others
  0805 10 50 |
| --- | --- |

—

Others

0805 10 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70

Mandarins (including tangerines and satsumas), fresh; clementines, wilkings and similar citrus hybrids, fresh:

2.70.1

| — | Clementines
  ex 0805 20 10 |
| --- | --- |

—

Clementines

ex 0805 20 10

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.2

| — | Monreales and satsumas
  ex 0805 20 30 |
| --- | --- |

—

Monreales and satsumas

ex 0805 20 30

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.3

| — | Mandarines and wilkings
  ex 0805 20 50 |
| --- | --- |

—

Mandarines and wilkings

ex 0805 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.70.4

| — | Tangerines and others
  ex 0805 20 70
  ex 0805 20 90 |
| --- | --- |

—

Tangerines and others

ex 0805 20 70

ex 0805 20 90

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.85

Limes (Citrus aurantifolia, Citrus latifolia), fresh

0805 50 90

94,25

54,86

2 862,77

701,41

1 474,75

23 245,84

325,44

65,62

40,66

384,21

22 599,26

3 643,86

853,66

65,53

2.90

Grapefruit, fresh:

2.90.1

| — | white
  ex 0805 40 00 |
| --- | --- |

—

white

ex 0805 40 00

52,12

30,33

1 583,08

387,87

815,52

12 854,65

179,96

36,29

22,49

212,46

12 497,10

2 015,01

472,06

36,24

2.90.2

| — | pink
  ex 0805 40 00 |
| --- | --- |

—

pink

ex 0805 40 00

79,32

46,16

2 409,07

590,25

1 241,03

19 561,73

273,86

55,22

34,22

323,32

19 017,62

3 066,36

718,37

55,15

2.100

Table grapes

0806 10 10

193,59

112,67

5 879,80

1 440,61

3 028,97

47 744,21

668,42

134,77

83,51

789,12

46 416,21

7 484,05

1 753,31

134,60

2.110

Water melons

0807 11 00

45,85

26,68

1 392,60

341,20

717,40

11 307,99

158,31

31,92

19,78

186,90

10 993,45

1 772,56

415,26

31,88

2.120

Melons (other than water melons):

2.120.1

| — | Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro
  ex 0807 19 00 |
| --- | --- |

—

Amarillo, cuper, honey dew (including cantalene), onteniente, piel de sapo (including verde liso), rochet, tendral, futuro

ex 0807 19 00

53,13

30,92

1 613,68

395,37

831,29

13 103,18

183,44

36,99

22,92

216,57

12 738,72

2 053,96

481,19

36,94

2.120.2

| — | Other
  ex 0807 19 00 |
| --- | --- |

—

Other

ex 0807 19 00

97,41

56,69

2 958,59

724,88

1 524,11

24 023,86

336,33

67,82

42,02

397,07

23 355,64

3 765,81

882,23

67,73

2.140

Pears

2.140.1

| — | Pears — nashi (Pyrus pyrifolia),
  Pears — Ya (Pyrus bretscheideri)
  ex 0808 20 50 |
| --- | --- |

—

Pears — nashi (Pyrus pyrifolia),

Pears — Ya (Pyrus bretscheideri)

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.140.2

| — | Other
  ex 0808 20 50 |
| --- | --- |

—

Other

ex 0808 20 50

—

—

—

—

—

—

—

—

—

—

—

—

—

—

2.150

Apricots

0809 10 00

129,37

75,29

3 929,33

962,73

2 024,19

31 906,35

446,69

90,07

55,81

527,35

31 018,88

5 001,42

1 171,70

89,95

2.160

Cherries

0809 20 95

0809 20 05

433,09

252,06

13 154,14

3 222,90

6 776,33

106 812,15

1 495,36

301,51

186,83

1 765,39

103 841,17

16 743,13

3 922,47

301,13

2.170

Peaches

0809 30 90

146,12

85,04

4 438,23

1 087,41

2 286,35

36 038,64

504,54

101,73

63,04

595,65

35 036,22

5 649,17

1 323,45

101,60

2.180

Nectarines

ex 0809 30 10

98,67

57,43

2 996,99

734,29

1 543,89

24 335,65

340,70

68,70

42,57

402,22

23 658,75

3 814,69

893,68

68,61

2.190

Plums

0809 40 05

123,71

72,00

3 757,53

920,63

1 935,68

30 511,29

427,16

86,13

53,37

504,29

29 662,62

4 782,74

1 120,47

86,02

2.200

Strawberries

0810 10 00

281,66

163,92

8 554,79

2 096,01

4 406,99

69 465,24

972,51

196,09

121,51

1 148,12

67 533,07

10 888,89

2 550,97

195,84

2.205

Raspberries

0810 20 10

304,95

177,48

9 262,25

2 269,35

4 771,43

75 209,82

1 052,93

212,31

131,56

1 243,07

73 117,86

11 789,37

2 761,93

212,03

2.210

Fruit of the species Vaccinium myrtillus

0810 40 30

1 224,69

712,77

37 197,51

9 113,78

19 162,23

302 045,29

4 228,61

852,63

528,33

4 992,20

293 643,92

47 346,52

11 092,02

851,53

2.220

Kiwi fruit (Actinidia chinensis Planch.)

0810 50 00

149,96

87,28

4 554,74

1 115,96

2 346,36

36 984,63

517,78

104,40

64,69

611,28

35 955,91

5 797,45

1 358,19

104,27

2.230

Pomegranates

ex 0810 90 95

165,58

96,37

5 029,16

1 232,20

2 590,76

40 837,00

571,71

115,28

71,43

674,95

39 701,12

6 401,32

1 499,66

115,13

2.240

Khakis (including sharon fruit)

ex 0810 90 95

99,09

57,67

3 009,68

737,40

1 550,43

24 438,69

342,14

68,99

42,75

403,92

23 758,93

3 830,84

897,46

68,90

2.250

Lychees

ex 0810 90

—

—

—

—

—

—

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/33 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/33

---

COMMISSION DIRECTIVE 2005/6/EC

of 26 January 2005

amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feeding-stuffs (1), and in particular Article 2 thereof,

Whereas:

| (1) | Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feeding-stuffs (2) includes provisions concerning the expression of results. |
| --- | --- |

(1)

Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feeding-stuffs (2) includes provisions concerning the expression of results.

| (2) | To ensure a harmonised implementation approach to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (3) in all Member States, it is of major importance that analytical results are reported and interpreted in a uniform way. |
| --- | --- |

(2)

To ensure a harmonised implementation approach to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (3) in all Member States, it is of major importance that analytical results are reported and interpreted in a uniform way.

| (3) | Directive 71/250/EEC should therefore be amended accordingly. |
| --- | --- |

(3)

Directive 71/250/EEC should therefore be amended accordingly.

| (4) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(4)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 71/250/EEC is amended as follows:

| 1. | In Article 1 the following paragraph is added after the second paragraph:
  ‘As regards undesirable substances within the meaning of Directive 2002/32/EC of the European Parliament and of the Council (4) including dioxins and dioxin-like PCBs, point C(3) of Part 1 of the Annex to this Directive shall apply.’ |
| --- | --- |

1.

In Article 1 the following paragraph is added after the second paragraph:

‘As regards undesirable substances within the meaning of Directive 2002/32/EC of the European Parliament and of the Council (4) including dioxins and dioxin-like PCBs, point C(3) of Part 1 of the Annex to this Directive shall apply.’

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

2.

The Annex is 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 twelve months after the entry into force. 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 texts of the 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 that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 26 January 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 170, 3.8.1970, p. 2. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

1

(2)  OJ L 155, 12.7.1971, p. 13. Directive as last amended by Commission Directive 1999/27/EC (OJ L 118, 6.5.1999, p. 36).

2

(3)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).

3

(4)  OJ L 140, 30.5.2002, p. 10.

4

---

ANNEX

In point C, application of methods of analysis and expression of results, of Part 1, general provisions on methods of analysis for feedingstuffs, of the Annex to Directive 71/250/EEC the following point 3 is added:

| ‘3. | As regards undesirable substances within the meaning of Directive 2002/32/EC, including dioxins and dioxin-like PCBs, a product intended for animal feed shall be considered as non compliant with the established maximum content, if the analytical result is deemed to exceed the maximum content taking into account expanded measurement uncertainty and correction for recovery. The analysed concentration corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result is used to assess compliance. This procedure is only applicable in cases where the method of analysis enables the estimation of measurement uncertainty and correction for recovery (eg. Not possible in case of microscopic analysis)
  The analytical result shall be reported as follows (in so far the used method of analysis enables to estimate the measurement uncertainty and recovery rate):






  (a) | corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated; |
| --- | --- | --- |

‘3.

As regards undesirable substances within the meaning of Directive 2002/32/EC, including dioxins and dioxin-like PCBs, a product intended for animal feed shall be considered as non compliant with the established maximum content, if the analytical result is deemed to exceed the maximum content taking into account expanded measurement uncertainty and correction for recovery. The analysed concentration corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result is used to assess compliance. This procedure is only applicable in cases where the method of analysis enables the estimation of measurement uncertainty and correction for recovery (eg. Not possible in case of microscopic analysis)

The analytical result shall be reported as follows (in so far the used method of analysis enables to estimate the measurement uncertainty and recovery rate):

(a)

corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;

| (b) | as “x +/- U”, whereby x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.’ |
| --- | --- |

(b)

as “x +/- U”, whereby x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.’

---

II Acts whose publication is not obligatory

Commission

| 27.1.2005 | EN | Official Journal of the European Union | L 24/35 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/35

---

COMMISSION DECISION

of 14 January 2005

setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

(Only the German, French and English texts are authentic)

(2005/56/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,

Whereas:

| (1) | Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this decision does not affect the scope of that Regulation. |
| --- | --- |

(1)

Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this decision does not affect the scope of that Regulation.

| (2) | The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies. |
| --- | --- |

(2)

The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.

| (3) | Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle. |
| --- | --- |

(3)

Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.

| (4) | The delegation, to an executive agency, of tasks related to programme implementation is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, project implementation, which should be entrusted to the executive agency. |
| --- | --- |

(4)

The delegation, to an executive agency, of tasks related to programme implementation is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, project implementation, which should be entrusted to the executive agency.

| (5) | The setting up of the executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the different programmes nor the delegation of management tasks to national agencies regarding certain programmes. |
| --- | --- |

(5)

The setting up of the executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the different programmes nor the delegation of management tasks to national agencies regarding certain programmes.

| (6) | A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education, audiovisual and culture is the most advantageous of the options available, both in financial and in non-financial terms. |
| --- | --- |

(6)

A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education, audiovisual and culture is the most advantageous of the options available, both in financial and in non-financial terms.

| (7) | The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies. |
| --- | --- |

(7)

The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies.

| (8) | Commission Regulation (EC) No 1653/2004 of 21 September 2004 establishes a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (2), |
| --- | --- |

(8)

Commission Regulation (EC) No 1653/2004 of 21 September 2004 establishes a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (2),

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the Agency

1.   An executive agency (hereinafter referred to as the Agency) for the management of Community action in the fields of education, audiovisual and culture, the statute and main operating rules of which are laid down in Regulation (EC) No 58/2003, is hereby established.

2.   The name of the Agency shall be the Education, Audiovisual and Culture Executive Agency.

Article 2

Location

The Agency shall be located in Brussels.

Article 3

Term

1.   The Agency is established for a period beginning on 1 January 2005 and ending on 31 December 2008.

2.   An evaluation of the operation of the Agency, including a cost-benefit analysis as referred to in Article 3(1) of Regulation (EC) No 58/2003, shall be drawn up by the Commission in 2006, with a view to the possible revision or extension of the tasks of the Agency in the framework of the new generation of programmes in the fields of education, audiovisual and culture.

Article 4

Objectives and tasks

1.   The Agency shall be responsible for the management of certain strands of the following Community programmes:

| (a) | the second phase of the Community action programme in the field of education ‘Socrates’ approved by Decision No 253/2000/EC of the European Parliament and of the Council (3); |
| --- | --- |

(a)

the second phase of the Community action programme in the field of education ‘Socrates’ approved by Decision No 253/2000/EC of the European Parliament and of the Council (3);

| (b) | the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ approved by Council Decision 1999/382/EC (4); |
| --- | --- |

(b)

the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ approved by Council Decision 1999/382/EC (4);

| (c) | the ‘Youth’ Community action programme approved by Decision No 1031/2000/EC of the European Parliament and of the Council (5); |
| --- | --- |

(c)

the ‘Youth’ Community action programme approved by Decision No 1031/2000/EC of the European Parliament and of the Council (5);

| (d) | the ‘Culture 2000’ programme approved by Decision No 508/2000/EC of the European Parliament and of the Council (6); |
| --- | --- |

(d)

the ‘Culture 2000’ programme approved by Decision No 508/2000/EC of the European Parliament and of the Council (6);

| (e) | the programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001 to 2005) approved by Council Decision 2000/821/EC (7); |
| --- | --- |

(e)

the programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001 to 2005) approved by Council Decision 2000/821/EC (7);

| (f) | the training programme for professionals of the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) approved by Decision No 163/2001/EC of the European Parliament and of the Council (8); |
| --- | --- |

(f)

the training programme for professionals of the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) approved by Decision No 163/2001/EC of the European Parliament and of the Council (8);

| (g) | the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) approved by Decision No 2317/2003/EC of the European Parliament and of the Council (9); |
| --- | --- |

(g)

the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) approved by Decision No 2317/2003/EC of the European Parliament and of the Council (9);

| (h) | the multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) approved by Decision No 2318/2003/EC of the European Parliament and of the Council (10); |
| --- | --- |

(h)

the multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) approved by Decision No 2318/2003/EC of the European Parliament and of the Council (10);

| (i) | the Community action programme to promote active European citizenship (civic participation), approved by Council Decision 2004/100/EC (11); |
| --- | --- |

(i)

the Community action programme to promote active European citizenship (civic participation), approved by Council Decision 2004/100/EC (11);

| (j) | the Community action programme to promote bodies active at European level in the field of youth, approved by Decision No 790/2004/EC of the European Parliament and the Council (12); |
| --- | --- |

(j)

the Community action programme to promote bodies active at European level in the field of youth, approved by Decision No 790/2004/EC of the European Parliament and the Council (12);

| (k) | the Community action programme to promote bodies active at European level and support specific activities in the field of education and training, approved by Decision No 791/2004/EC of the European Parliament and of the Council (13); |
| --- | --- |

(k)

the Community action programme to promote bodies active at European level and support specific activities in the field of education and training, approved by Decision No 791/2004/EC of the European Parliament and of the Council (13);

| (l) | the Community action programme to promote bodies active at European level in the field of culture, approved by Decision No 792/2004/EC of the European Parliament and of the Council (14); |
| --- | --- |

(l)

the Community action programme to promote bodies active at European level in the field of culture, approved by Decision No 792/2004/EC of the European Parliament and of the Council (14);

| (m) | projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (15). |
| --- | --- |

(m)

projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (15).

2.   The Agency shall be responsible for the following tasks for the management of the Community programme strands referred to in paragraph 1:

| (a) | managing, throughout their duration, the projects entrusted to it in the context of implementation of Community programmes, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so; |
| --- | --- |

(a)

managing, throughout their duration, the projects entrusted to it in the context of implementation of Community programmes, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so;

| (b) | adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts; |
| --- | --- |

(b)

adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts;

| (c) | gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes. |
| --- | --- |

(c)

gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes.

3.   The Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies established under Article 24 of Regulation (EC) No 58/2003, to carry out tasks of the same type under Community programmes in the fields of education, audiovisual and culture, within the meaning of Article 2 of Regulation (EC) No 58/2003, other than those referred to in paragraph 1.

4.   The Commission decision delegating authority to the Agency shall set out in detail all the tasks entrusted to it and shall be amended should any additional tasks be entrusted to the Agency. It shall be forwarded, for information purposes, to the Committee for Executive Agencies.

Article 5

Organisational structure

1.   The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.

2.   The members of the Steering Committee shall be appointed for two years.

3.   The Director of the Agency shall be appointed for four years.

Article 6

Grants

The Agency shall receive a grant entered in the general budget of the European Union and taken from the funds allocated to the programmes referred to in Article 4(1) and, where appropriate, from the funds allocated to other Community programmes the implementation of which has been entrusted to the Agency by virtue of Article 4(3).

Article 7

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Article 8

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004.

Done at Brussels, 14 January 2005.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  OJ L 11, 16.1.2003, p. 1.

1

(2)  OJ L 297, 22.9.2004, p. 6.

2

(3)  OJ L 28, 3.2.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

3

(4)  OJ L 146, 11.6.1999, p. 33. Decision as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

4

(5)  OJ L 117, 18.5.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

5

(6)  OJ L 63, 10.3.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

6

(7)  OJ L 336, 30.12.2000, p. 82. Decision as last amended by Council Regulation (EC) No 885/2004.

7

(8)  OJ L 26, 27.1.2001, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

8

(9)  OJ L 345, 31.12.2003, p. 1.

9

(10)  OJ L 345, 31.12.2003, p. 9.

10

(11)  OJ L 30, 4.2.2004, p. 6.

11

(12)  OJ L 138, 30.4.2004, p. 24.

12

(13)  OJ L 138, 30.4.2004, p. 31.

13

(14)  OJ L 138, 30.4.2004, p. 40.

14

(15)  OJ L 52, 27.2.1992, p. 1. Regulation as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

15

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/39 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/39

---

COMMISSION RECOMMENDATION

of 21 January 2005

on the provision of leased lines in the European Union (Part 1 — Major supply conditions for wholesale leased lines)

(notified under document number C(2005) 103)

(2005/57/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), and in particular Article 19(1) thereof,

Whereas:

| (1) | Users in the Community require the competitive provision of leased lines, and access to high-speed transmission data services so that in particular Europe’s small and medium-sized enterprises can benefit from the opportunities offered by the rapid development of the Internet and electronic commerce. |
| --- | --- |

(1)

Users in the Community require the competitive provision of leased lines, and access to high-speed transmission data services so that in particular Europe’s small and medium-sized enterprises can benefit from the opportunities offered by the rapid development of the Internet and electronic commerce.

| (2) | Competitive provision of leased lines has begun to emerge since liberalisation of telecommunications infrastructure on 1 January 1996, but has been largely confined to long distance high capacity routes; leased line markets will be reviewed as explained below. |
| --- | --- |

(2)

Competitive provision of leased lines has begun to emerge since liberalisation of telecommunications infrastructure on 1 January 1996, but has been largely confined to long distance high capacity routes; leased line markets will be reviewed as explained below.

| (3) | Certain organisations operating leased lines services had the obligation to provide these services under the principles of non-discrimination in accordance with Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) (2) and Council Directive 92/44/EEC of 5 June 1992 on the application of Open Network Provision to leased lines (3); these Directives were repealed by Article 26 of the Framework Directive with effect on 24 July 2003. |
| --- | --- |

(3)

Certain organisations operating leased lines services had the obligation to provide these services under the principles of non-discrimination in accordance with Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) (2) and Council Directive 92/44/EEC of 5 June 1992 on the application of Open Network Provision to leased lines (3); these Directives were repealed by Article 26 of the Framework Directive with effect on 24 July 2003.

| (4) | However, the obligations will remain in place according to Article 27 of the Framework Directive and Article 16 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (4). In accordance with Article 16(1) of the Universal Service Directive and Article 7 of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (5), the former obligations are maintained until such time as the relevant markets have been reviewed in accordance with Article 16 of the Framework Directive and Article 16(3) of the Universal Service Directive. |
| --- | --- |

(4)

However, the obligations will remain in place according to Article 27 of the Framework Directive and Article 16 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (4). In accordance with Article 16(1) of the Universal Service Directive and Article 7 of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (5), the former obligations are maintained until such time as the relevant markets have been reviewed in accordance with Article 16 of the Framework Directive and Article 16(3) of the Universal Service Directive.

| (5) | In accordance with Article 16(4) of the Framework Directive, where a national regulatory authority (NRA) determines that a relevant market is not effectively competitive, it shall identify undertakings with significant market power and shall on such undertakings impose appropriate specific regulatory obligations or maintain or amend such obligations where they already exist. In accordance with Article 18(1) of the Universal Service Directive, where an NRA determines that the market for the minimum set of leased lines is not effectively competitive, it shall identify undertakings with significant market power and impose obligations regarding the provision of the minimum set and the conditions for such provision. In accordance with Article 5(1) of the Access Directive, NRAs shall encourage and where appropriate ensure adequate access and interconnection and shall be able to impose obligations to that effect. |
| --- | --- |

(5)

In accordance with Article 16(4) of the Framework Directive, where a national regulatory authority (NRA) determines that a relevant market is not effectively competitive, it shall identify undertakings with significant market power and shall on such undertakings impose appropriate specific regulatory obligations or maintain or amend such obligations where they already exist. In accordance with Article 18(1) of the Universal Service Directive, where an NRA determines that the market for the minimum set of leased lines is not effectively competitive, it shall identify undertakings with significant market power and impose obligations regarding the provision of the minimum set and the conditions for such provision. In accordance with Article 5(1) of the Access Directive, NRAs shall encourage and where appropriate ensure adequate access and interconnection and shall be able to impose obligations to that effect.

| (6) | On 11 February 2003 the Commission adopted Recommendation 2003/311/EC (6) on relevant product and service markets, defining the relevant markets within the electronic communications sector that NRAs should analyse. The list includes wholesale terminating segments of leased lines and wholesale trunk segments of leased lines. The supply of the services addressed in this recommendation, namely the supply of wholesale leased lines and leased line part circuits, is included in these markets. |
| --- | --- |

(6)

On 11 February 2003 the Commission adopted Recommendation 2003/311/EC (6) on relevant product and service markets, defining the relevant markets within the electronic communications sector that NRAs should analyse. The list includes wholesale terminating segments of leased lines and wholesale trunk segments of leased lines. The supply of the services addressed in this recommendation, namely the supply of wholesale leased lines and leased line part circuits, is included in these markets.

| (7) | The supply of wholesale leased lines and leased line part circuits is included in the market of wholesale terminating segments of leased lines and for sufficient line lengths also in the market for wholesale trunk segments of leased lines referred to in Recommendation 2003/311/EC; the NRA will decide what constitutes a terminating segment depending on the network topology specific to their national market. |
| --- | --- |

(7)

The supply of wholesale leased lines and leased line part circuits is included in the market of wholesale terminating segments of leased lines and for sufficient line lengths also in the market for wholesale trunk segments of leased lines referred to in Recommendation 2003/311/EC; the NRA will decide what constitutes a terminating segment depending on the network topology specific to their national market.

| (8) | The supply of 64 kbit/s, 2 Mbit/s unstructured and 2 Mbit/s structured leased lines is included in the minimum set of leased lines services referred to in the Recommendation on relevant markets. The minimum set of leased lines is defined in Commission Decision 2003/548/EC of 24 July 2003 on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive (7). |
| --- | --- |

(8)

The supply of 64 kbit/s, 2 Mbit/s unstructured and 2 Mbit/s structured leased lines is included in the minimum set of leased lines services referred to in the Recommendation on relevant markets. The minimum set of leased lines is defined in Commission Decision 2003/548/EC of 24 July 2003 on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive (7).

| (9) | Information provided by Member States reveals problems with the length and the variation of delivery times for retail and wholesale leased lines and leased line part circuits. This is without prejudice to the review by NRAs of relevant markets in accordance with Article 16 of the Framework Directive and Article 16(3) of the Universal Service Directive. |
| --- | --- |

(9)

Information provided by Member States reveals problems with the length and the variation of delivery times for retail and wholesale leased lines and leased line part circuits. This is without prejudice to the review by NRAs of relevant markets in accordance with Article 16 of the Framework Directive and Article 16(3) of the Universal Service Directive.

| (10) | Where, in accordance with Article 10 of the Access Directive and Article 18 of and Annex VII to the Universal Service Directive, NRAs impose obligations of non-discrimination for the provision of certain leased line services, the principle of non-discrimination applies to all relevant aspects of the services provided such as ordering, migration, delivery, quality, repair time, reporting and penalties; in leased line contracts it is most appropriate to cover these aspects by a service level agreement; instead of penalties, compensation for failure to meet contractual requirements could be included into the agreement where this would be more appropriate with regard to the legal context in a Member State. |
| --- | --- |

(10)

Where, in accordance with Article 10 of the Access Directive and Article 18 of and Annex VII to the Universal Service Directive, NRAs impose obligations of non-discrimination for the provision of certain leased line services, the principle of non-discrimination applies to all relevant aspects of the services provided such as ordering, migration, delivery, quality, repair time, reporting and penalties; in leased line contracts it is most appropriate to cover these aspects by a service level agreement; instead of penalties, compensation for failure to meet contractual requirements could be included into the agreement where this would be more appropriate with regard to the legal context in a Member State.

| (11) | In particular, contractual delivery times should be included in the service level agreement so as to ensure that delivery times for wholesale leased lines by such operators are the same as those provided for their own services and thus sufficiently below delivery times observed on retail markets. |
| --- | --- |

(11)

In particular, contractual delivery times should be included in the service level agreement so as to ensure that delivery times for wholesale leased lines by such operators are the same as those provided for their own services and thus sufficiently below delivery times observed on retail markets.

| (12) | The publication of best current practice figures for overall delivery times of leased lines will help NRAs to ensure that contractual delivery times applied to wholesale leased lines and leased line part circuits in particular provided by operators with an obligation for non-discrimination do not prevent other operators competing in leased lines retail markets from providing similar delivery time figures to their customers. Contractual delivery times for wholesale leased lines should therefore at least permit competing operators in retail markets to meet best current practice delivery times of designated operators providing leased lines in these retail markets. Retail delivery times longer than best current practice delivery times could result in obstacles to the development of the internal market for electronic communication networks and services; in accordance with Article 8(3)(a) of the Framework Directive, it is an objective for NRAs to remove such obstacles. Best current practice delivery times of designated operators in retail markets include the retail delivery processes of designated operators; thus corresponding wholesale delivery times would be shorter. |
| --- | --- |

(12)

The publication of best current practice figures for overall delivery times of leased lines will help NRAs to ensure that contractual delivery times applied to wholesale leased lines and leased line part circuits in particular provided by operators with an obligation for non-discrimination do not prevent other operators competing in leased lines retail markets from providing similar delivery time figures to their customers. Contractual delivery times for wholesale leased lines should therefore at least permit competing operators in retail markets to meet best current practice delivery times of designated operators providing leased lines in these retail markets. Retail delivery times longer than best current practice delivery times could result in obstacles to the development of the internal market for electronic communication networks and services; in accordance with Article 8(3)(a) of the Framework Directive, it is an objective for NRAs to remove such obstacles. Best current practice delivery times of designated operators in retail markets include the retail delivery processes of designated operators; thus corresponding wholesale delivery times would be shorter.

| (13) | According to Article 18 of and Annex VII to the Universal Service Directive, NRAs are to ensure that the typical delivery period for the minimum set of leased lines provided by identified undertakings is published; in order to review this Recommendation the Commission may need to have also available data on leased lines not covered by the minimum set. |
| --- | --- |

(13)

According to Article 18 of and Annex VII to the Universal Service Directive, NRAs are to ensure that the typical delivery period for the minimum set of leased lines provided by identified undertakings is published; in order to review this Recommendation the Commission may need to have also available data on leased lines not covered by the minimum set.

| (14) | The Commission will review this Recommendation no later than 31 December 2005 in order to take account of changing technologies and of markets. |
| --- | --- |

(14)

The Commission will review this Recommendation no later than 31 December 2005 in order to take account of changing technologies and of markets.

| (15) | The Communications Committee has delivered its opinion in accordance with Article 22(2) of the Framework Directive, |
| --- | --- |

(15)

The Communications Committee has delivered its opinion in accordance with Article 22(2) of the Framework Directive,

HEREBY RECOMMENDS:

| 1. | When imposing or maintaining an obligation for non-discrimination under Article 10 of the Access Directive or Article 18 of and Annex VII to Directive 2002/22/EC (the Universal Service Directive) with regard to operators providing leased line services (hereinafter referred to as designated operators), national regulatory authorities should:






  (a) | ensure that contracts include enforceable agreements (hereinafter referred to as service level agreements) which cover all relevant aspects of the wholesale leased line services provided such as ordering, migration, delivery, quality, repair time, reporting and dissuasive financial penalties; |
| --- | --- | --- |

1.

When imposing or maintaining an obligation for non-discrimination under Article 10 of the Access Directive or Article 18 of and Annex VII to Directive 2002/22/EC (the Universal Service Directive) with regard to operators providing leased line services (hereinafter referred to as designated operators), national regulatory authorities should:

(a)

ensure that contracts include enforceable agreements (hereinafter referred to as service level agreements) which cover all relevant aspects of the wholesale leased line services provided such as ordering, migration, delivery, quality, repair time, reporting and dissuasive financial penalties;

| (b) | ensure that the contractual delivery times for wholesale leased lines in these service level agreements are as short as possible for each category of lines. Contractual delivery times at the wholesale level should be in any case shorter than best current practice delivery times of designated operators in retail markets. Best current practice delivery times of designated operators in the retail markets for 64 kbit/s, 2 Mbit/s unstructured, 2 Mbit/s structured and 34 Mbit/s unstructured are given in the Annex.
  The methodology used to calculate the best current practice figures given in the Annex is considered to be appropriate to cover recognised differences of network structures and delivery procedures between different designated operators in different Member States; |
| --- | --- |

(b)

ensure that the contractual delivery times for wholesale leased lines in these service level agreements are as short as possible for each category of lines. Contractual delivery times at the wholesale level should be in any case shorter than best current practice delivery times of designated operators in retail markets. Best current practice delivery times of designated operators in the retail markets for 64 kbit/s, 2 Mbit/s unstructured, 2 Mbit/s structured and 34 Mbit/s unstructured are given in the Annex.

The methodology used to calculate the best current practice figures given in the Annex is considered to be appropriate to cover recognised differences of network structures and delivery procedures between different designated operators in different Member States;

| (c) | ensure in particular that financial penalties included into the contracts as referred to in paragraph (a) apply in cases of delayed delivery of lines and consist of a specified amount for each day of delay for each line ordered; the contract shall provide also that the amount shall not be due where and insofar as the designated operator provides proof that the reason for the delay does not lie on him; |
| --- | --- |

(c)

ensure in particular that financial penalties included into the contracts as referred to in paragraph (a) apply in cases of delayed delivery of lines and consist of a specified amount for each day of delay for each line ordered; the contract shall provide also that the amount shall not be due where and insofar as the designated operator provides proof that the reason for the delay does not lie on him;

| (d) | ensure that the information necessary to prepare any review of this Recommendation is provided in accordance with Article 5(1) of Directive 2002/21/EC (the Framework Directive) and report this information to the Commission in accordance with Article 5(2) of the Framework Directive. |
| --- | --- |

(d)

ensure that the information necessary to prepare any review of this Recommendation is provided in accordance with Article 5(1) of Directive 2002/21/EC (the Framework Directive) and report this information to the Commission in accordance with Article 5(2) of the Framework Directive.

| 2. | This Recommendation is addressed to the Member States. |
| --- | --- |

2.

This Recommendation is addressed to the Member States.

Done at Brussels, 21 January 2005.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  OJ L 108, 24.4.2002, p. 33.

1

(2)  OJ L 199, 26.7.1997, p. 32. Directive as last amended by Directive 98/61/EC (OJ L 268, 3.10.1998, p. 37).

2

(3)  OJ L 165, 19.6.1992, p. 27. Directive as last amended by Commission Decision 98/80/EC (OJ L 14, 20.1.1998), p. 27).

3

(4)  OJ L 108, 24.4.2002, p. 51.

4

(5)  OJ L 108, 24.4.2002, p. 7.

5

(6)  OJ L 114, 8.5.2003, p. 45.

6

(7)  OJ L 186, 25.7.2003, p. 43.

7

---

ANNEX

METHODOLOGY AND DATA FOR LEASED LINES IN MEMBER STATES

Methodology

The methodology for recommended ceilings for contractual delivery times is based on the third lowest value observed in the Member States in order to accommodate justified differences in network structures and delivery procedures in the different Member States. Based on this methodology and the data given below, the following best current practice delivery time figures have been derived for leased lines provided by designated operators:

| 1. | for 64 kbit/s leased lines: 18 calendar days |
| --- | --- |

1.

for 64 kbit/s leased lines: 18 calendar days

| 2. | for 2 Mbit/s leased lines unstructured: 30 calendar days |
| --- | --- |

2.

for 2 Mbit/s leased lines unstructured: 30 calendar days

| 3. | for 2 Mbit/s leased lines structured: 33 calendar days |
| --- | --- |

3.

for 2 Mbit/s leased lines structured: 33 calendar days

| 4. | for 34 Mbit/s leased lines unstructured: 52 calendar days |
| --- | --- |

4.

for 34 Mbit/s leased lines unstructured: 52 calendar days

Delivery time data for leased lines in Member States

The Commission has obtained data from Member States on delivery times for leased lines of operators notified by the NRA as having significant market power according to Article 11(1)(a) of Directive 92/44/EEC in response to the questionnaire for the Leased Lines Report 2002 (1). The data was received by September 2003. Delivery times reported are defined as the periods, counted from the date when the user has made a firm request for a leased line, in which 95 % of all leased lines of the same type have been put through to the customers (2)
   (3).

64 kbit/s Leased Lines

Image

2 Mbit/s Unstructured Leased Lines

Image

2 Mbit/s Structured Leased Lines

Image

34 Mbit/s Unstructured Leased Lines

Image

---

(1)  2001 Report available at: http://europa.eu.int/information_society/topics/telecoms/implementation/leasedlines/doc/COCOM02-10%20final.pdf

(2)  See Article 2(3) of Directive 97/51/EC of the European Parliament and of the Council (OJ L 295, 29.10.1997, p. 23).

(3)  Luxembourg provided only half year figures for 2002. Here the figures for both half year periods are displayed. In relevant cases the higher of the two half year figures has been taken into account as an upper bound for full year figures in order to derive best current practice figures.

Data given for Austria: data concern retail and wholesale lines; statistics correspond to the Directive (95 % of delivery times), data include also orders in locations where infrastructure has to be built; for 2 Mbit/s no distinction between structured and unstructured lines; for 34 Mbit/s and 155 Mbit/s the sample is too small for reliable statistics; specific customer delay, customer-requested changes on the target-delivery date (no ‘best effort deliveries’) and on project orders are excluded; delivery times are calculated from time of acceptance of a signed contract, if no other date (see customers’ delays) is agreed.

---

| 27.1.2005 | EN | Official Journal of the European Union | L 24/45 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/45

---

COMMISSION DECISION

of 26 January 2005

amending Decision 2003/135/EC as regards the termination of the eradication and vaccination plans in the federal states of Lower-Saxony and North Rhine-Westphalia and the eradication plan in the federal state of Saarland (Germany)

(notified under document number C(2005) 119)

(Only the German and French texts are authentic)

(Text with EEA relevance)

(2005/58/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 Article 16(1) and 20(2) thereof,

Whereas:

| (1) | The Commission adopted Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the Federal States of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) as one of a number of measures to combat classical swine fever. |
| --- | --- |

(1)

The Commission adopted Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the Federal States of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) as one of a number of measures to combat classical swine fever.

| (2) | On 12 February 2004 the Commission adopted Decision 2004/146/EC amending Decision 2003/135/EC on the termination of the vaccination plan of feral pigs against classical swine fever in Saarland and the extension of the vaccination plan in Rhineland-Palatinate. |
| --- | --- |

(2)

On 12 February 2004 the Commission adopted Decision 2004/146/EC amending Decision 2003/135/EC on the termination of the vaccination plan of feral pigs against classical swine fever in Saarland and the extension of the vaccination plan in Rhineland-Palatinate.

| (3) | The German authorities have informed the Commission about the recent evolution of the disease in feral pigs in Lower Saxony, North Rhine-Westphalia and Saarland. This information indicates that classical swine fever in feral pigs has been successfully eradicated and that the approved eradication and vaccination plans do not need to be applied anymore in these Federal States. |
| --- | --- |

(3)

The German authorities have informed the Commission about the recent evolution of the disease in feral pigs in Lower Saxony, North Rhine-Westphalia and Saarland. This information indicates that classical swine fever in feral pigs has been successfully eradicated and that the approved eradication and vaccination plans do not need to be applied anymore in these Federal States.

| (4) | Decision 2003/135/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2003/135/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 the Food Chain and Animal Health. |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2003/135/EC is amended as follows:

| (a) | in point 1:






  — | the paragraphs (A), (B) and (D) are deleted, |
| --- | --- | --- |

(a)

in point 1:

—

the paragraphs (A), (B) and (D) are deleted,

| — | the text ‘(C) Rhineland-Palatinate’ is replaced by ‘Rhineland-Palatinate’; |
| --- | --- |

—

the text ‘(C) Rhineland-Palatinate’ is replaced by ‘Rhineland-Palatinate’;

| (b) | in point 2:






  — | the paragraphs (A) and (B) are deleted, |
| --- | --- | --- |

(b)

in point 2:

—

the paragraphs (A) and (B) are deleted,

| — | the text ‘(C) Rhineland-Palatinate’ is replaced by ‘Rhineland-Palatinate’. |
| --- | --- |

—

the text ‘(C) Rhineland-Palatinate’ is replaced by ‘Rhineland-Palatinate’.

Article 2

This Decision is addressed to the Federal Republic of Germany and the French Republic.

Done at Brussels, 26 January 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

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

1

(2)  OJ L 53, 28.2.2003, p. 47. Decision as amended by Decision 2004/146/EC (OJ L 49, 19.2.2004, p. 42).

2

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| 27.1.2005 | EN | Official Journal of the European Union | L 24/46 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/46

---

COMMISSION DECISION

of 26 January 2005

approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of such pigs in Slovakia

(notified under document number C(2005) 127)

(Only the slovak text is authentic)

(Text with EEA relevance)

(2005/59/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 Article 20(2) thereof,

Whereas:

| (1) | In 2004 classical swine fever was present in the feral pig population in certain areas of Slovakia. In response to the outbreaks of classical swine fever the Commission has adopted Decisions 2004/375/EC (2), 2004/625/EC (3) and 2004/831/EC (4) amending Commission Decision 2003/526/EC of 18 July 2003 concerning protection measures relating to classical swine fever in certain Member States (5) which established certain additional disease control measures. |
| --- | --- |

(1)

In 2004 classical swine fever was present in the feral pig population in certain areas of Slovakia. In response to the outbreaks of classical swine fever the Commission has adopted Decisions 2004/375/EC (2), 2004/625/EC (3) and 2004/831/EC (4) amending Commission Decision 2003/526/EC of 18 July 2003 concerning protection measures relating to classical swine fever in certain Member States (5) which established certain additional disease control measures.

| (2) | Slovakia put in place an intensive programme to survey classical swine fever in feral pigs in the whole country and especially in the infected area. That programme is still ongoing. |
| --- | --- |

(2)

Slovakia put in place an intensive programme to survey classical swine fever in feral pigs in the whole country and especially in the infected area. That programme is still ongoing.

| (3) | Accordingly, Slovakia has now submitted for approval a plan for the eradication of classical swine fever in feral pigs in the District Veterinary and Food Administrations (DVFA) of Trnava (comprising Piešťany, Hlohovec and Trnava districts), Levice (comprising Levice district), Nitra (comprising Nitra and Zlaté Moravce districts), Topoľčany (comprising Topoľčany district), Nové Mesto nad Váhom (comprising Nové Mesto nad Váhom district), Trenčín (comprising Trenčín and Bánovce nad Bebravou districts) Prievidza (comprising Prievidza and Partizánske districts), Púchov (comprising Púchov and Ilava districts), Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen and Detva districts), Banská Bystrica (comprising Banská Bystrica and Brezno districts), Lučenec (comprising Lučenec and Poltár districts), Krupina and Veľký Krtíš. |
| --- | --- |

(3)

Accordingly, Slovakia has now submitted for approval a plan for the eradication of classical swine fever in feral pigs in the District Veterinary and Food Administrations (DVFA) of Trnava (comprising Piešťany, Hlohovec and Trnava districts), Levice (comprising Levice district), Nitra (comprising Nitra and Zlaté Moravce districts), Topoľčany (comprising Topoľčany district), Nové Mesto nad Váhom (comprising Nové Mesto nad Váhom district), Trenčín (comprising Trenčín and Bánovce nad Bebravou districts) Prievidza (comprising Prievidza and Partizánske districts), Púchov (comprising Púchov and Ilava districts), Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen and Detva districts), Banská Bystrica (comprising Banská Bystrica and Brezno districts), Lučenec (comprising Lučenec and Poltár districts), Krupina and Veľký Krtíš.

| (4) | In addition, as Slovakia intends to introduce vaccination of feral pigs in the districts of Trenčín, Bánovce nad Bebravou, Prievidza, Partizánske, Zvolen, Krupina, Detva, Veľký Krtíš, Lučenec and Poltár it has also submitted a plan of emergency vaccination for approval. |
| --- | --- |

(4)

In addition, as Slovakia intends to introduce vaccination of feral pigs in the districts of Trenčín, Bánovce nad Bebravou, Prievidza, Partizánske, Zvolen, Krupina, Detva, Veľký Krtíš, Lučenec and Poltár it has also submitted a plan of emergency vaccination for approval.

| (5) | The Slovakian authorities have authorised the use of a live attenuated vaccine against classical swine fever (C strain) to be used for the immunisation of feral pigs by means of oral bait. |
| --- | --- |

(5)

The Slovakian authorities have authorised the use of a live attenuated vaccine against classical swine fever (C strain) to be used for the immunisation of feral pigs by means of oral bait.

| (6) | The plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of such pigs in the designated areas, as submitted by Slovakia, have been examined and found to comply with Directive 2001/89/EC. |
| --- | --- |

(6)

The plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of such pigs in the designated areas, as submitted by Slovakia, have been examined and found to comply with Directive 2001/89/EC.

| (7) | For the sake of transparency it is appropriate to set out in this Decision the geographical areas where the eradication and emergency vaccination plans are to be implemented. |
| --- | --- |

(7)

For the sake of transparency it is appropriate to set out in this Decision the geographical areas where the eradication and emergency vaccination plans are to be implemented.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

The plan submitted by Slovakia for the eradication of classical swine fever in feral pigs in the area, as set out in point 1 of the Annex, is approved.

Article 2

The plan submitted by Slovakia for the emergency vaccination of feral pigs in the area, as set out in point 2 of the Annex, is approved.

Article 3

Slovakia shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 4

This Decision is addressed to the Slovak Republic.

Done at Brussels, 26 January 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.

1

(2)  OJ L 118, 23.4.2004, p. 72.

2

(3)  OJ L 280, 31.8.2004, p. 36.

3

(4)  OJ L 359, 4.12.2004, p. 61.

4

(5)  OJ L 183, 22.7.2003, p. 46. Decision as last amended by Decision 2004/831/EC.

5

---

ANNEX

1.   Areas where the eradication plan is to be implemented

The territory of the District Veterinary and Food Administrations (DVFA) of Trnava (comprising Piešťany, Hlohovec and Trnava districts), Levice (comprising Levice district), Nitra (comprising Nitra and Zlaté Moravce districts), Topoľčany (comprising Topoľčany district), Nové Mesto nad Váhom (comprising Nové Mesto nad Váhom district), Trenčín (comprising Trenčín and Bánovce nad Bebravou districts) Prievidza (comprising Prievidza and Partizánske districts), Púchov (comprising Púchov and Ilava districts), Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen and Detva districts), Banská Bystrica (comprising Banská Bystrica and Brezno districts), Lučenec (comprising Lučenec and Poltár districts), Krupina and Veľký Krtíš.

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

The territory of the districts of Trenčín, Bánovce nad Bebravou, Prievidza, Partizánske, Zvolen, Krupina, Detva, Veľký Krtíš, Lučenec and Poltár.

---

Corrigenda

| 27.1.2005 | EN | Official Journal of the European Union | L 24/48 |
| --- | --- | --- | --- |

27.1.2005

EN

Official Journal of the European Union

L 24/48

---

Corrigendum to Council Decision 2004/783/EC of 15 November 2004 appointing four Italian members and three Italian alternate members of the Committee of the Regions

(
  Official Journal of the European Union L 346 of 23 November 2004
  )

On the cover page, in the contents and on page 9, the title of the Decision:

for:

read:

on page 9, recital 2:

for:

| ‘(2) | Four members' seats and three alternate members' seats on the Committee of the Regions have become vacant following the expiry of the terms of office of Mr Paolo AGOSTINACCHIO (IT), Mr Gianfranco LAMBERTI (IT), Mr Salvatore TATARELLA (IT) and Mr Riccardo VENTRE (IT), members, and of Mr Gabriele BAGNASCO (IT), Mr Marcello MEROI (IT) and Mr Roberto PELLA (IT), alternate members, of which the Council was informed on 7 October 2004,’ |
| --- | --- |

‘(2)

Four members' seats and three alternate members' seats on the Committee of the Regions have become vacant following the expiry of the terms of office of Mr Paolo AGOSTINACCHIO (IT), Mr Gianfranco LAMBERTI (IT), Mr Salvatore TATARELLA (IT) and Mr Riccardo VENTRE (IT), members, and of Mr Gabriele BAGNASCO (IT), Mr Marcello MEROI (IT) and Mr Roberto PELLA (IT), alternate members, of which the Council was informed on 7 October 2004,’

read:

| ‘(2) | Three members' seats and four alternate members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr Paolo AGOSTINACCHIO (IT), Mr Gianfranco LAMBERTI (IT) and Mr Riccardo VENTRE (IT), members, and of Mr Gabriele BAGNASCO (IT), Mr Marcello MEROI (IT), Mr Roberto PELLA (IT) and Mr Salvatore TATARELLA (IT), alternate members, of which the Council was informed on 7 October 2004,’; |
| --- | --- |

‘(2)

Three members' seats and four alternate members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr Paolo AGOSTINACCHIO (IT), Mr Gianfranco LAMBERTI (IT) and Mr Riccardo VENTRE (IT), members, and of Mr Gabriele BAGNASCO (IT), Mr Marcello MEROI (IT), Mr Roberto PELLA (IT) and Mr Salvatore TATARELLA (IT), alternate members, of which the Council was informed on 7 October 2004,’;

on page 10, Sole Article, point 4:

| 1. | in (a) as members: point 3 relating to Mr Savino Antonio SANTARELLA shall be deleted; |
| --- | --- |

1.

in (a) as members: point 3 relating to Mr Savino Antonio SANTARELLA shall be deleted;

| 2. | in (b) as alternate members: the following point 4 shall be added:






  ‘4. | Mr Savino Antonio SANTARELLA
  Sindaco di Candela
  in place of Mr Salvatore TATARELLA,’. |
| --- | --- | --- |

2.

in (b) as alternate members: the following point 4 shall be added:

‘4.

Mr Savino Antonio SANTARELLA

Sindaco di Candela

in place of Mr Salvatore TATARELLA,’.

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