# Official Journal L 343/19 N

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 343 |
| | |
| English edition | Legislation | Volume 4719 November 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 343

English edition

Legislation

Volume 4719 November 2004

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| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1981/2004 of 18 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1982/2004 of 18 November 2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92 | 3 |
| | | Commission Regulation (EC) No 1983/2004 of 18 November 2004 fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004 | 20 |
| | | Commission Regulation (EC) No 1984/2004 of 18 November 2004 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004 | 21 |
| | | Commission Regulation (EC) No 1985/2004 of 18 November 2004 concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 238/2004 | 22 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1981/2004 of 18 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1982/2004 of 18 November 2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92

3

Commission Regulation (EC) No 1983/2004 of 18 November 2004 fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004

20

Commission Regulation (EC) No 1984/2004 of 18 November 2004 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004

21

Commission Regulation (EC) No 1985/2004 of 18 November 2004 concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 238/2004

22

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2004/776/EC:Commission Decision of 18 November 2004 granting certain parties an exemption from the extension to certain bicycle parts, by Council Regulation (EC) No 71/97, of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, and maintained by Council Regulation (EC) No 1524/2000, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97
  (notified under document number C(2004) 4383) | 23 |
| | | CommissionAdministrative Commission of the European Communities on social security for migrant workers |
| | * | 2004/777/EC:Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191 (
  1
  ) | 28 |

II   Acts whose publication is not obligatory

Commission

*

2004/776/EC:Commission Decision of 18 November 2004 granting certain parties an exemption from the extension to certain bicycle parts, by Council Regulation (EC) No 71/97, of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, and maintained by Council Regulation (EC) No 1524/2000, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97
  (notified under document number C(2004) 4383)

(notified under document number C(2004) 4383)

23

CommissionAdministrative Commission of the European Communities on social security for migrant workers

*

2004/777/EC:Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191 (
  1
  )

1

28

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| | * | 1 November 2004 — New version of EUR-Lex!(See inside back cover) | s3 |

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1 November 2004 — New version of EUR-Lex!(See inside back cover)

1 November 2004 — New version of EUR-Lex!

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| | (1)   Text of relevance to the EEA and to the EU/Switzerland Agreement |

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(1)   Text of relevance to the EEA and to the EU/Switzerland Agreement

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. |
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EN

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

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

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I Acts whose publication is obligatory

| 19.11.2004 | EN | Official Journal of the European Union | L 343/1 |
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19.11.2004

EN

Official Journal of the European Union

L 343/1

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COMMISSION REGULATION (EC) No 1981/2004

of 18 November 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 19 November 2004.

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

Done at Brussels, 18 November 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

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(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 18 November 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 127,5 |
| 070 | 56,3 |
| 204 | 60,5 |
| 999 | 81,4 |
| 0707 00 05 | 052 | 114,6 |
| 204 | 41,8 |
| 999 | 78,2 |
| 0709 90 70 | 052 | 93,2 |
| 204 | 101,0 |
| 999 | 97,1 |
| 0805 20 10 | 204 | 66,3 |
| 999 | 66,3 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | 052 | 74,5 |
| 624 | 99,1 |
| 999 | 86,8 |
| 0805 50 10 | 052 | 59,3 |
| 388 | 49,8 |
| 524 | 65,7 |
| 528 | 49,8 |
| 999 | 56,2 |
| 0806 10 10 | 052 | 104,4 |
| 400 | 203,7 |
| 508 | 279,5 |
| 999 | 195,9 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 139,6 |
| 400 | 95,9 |
| 404 | 79,3 |
| 512 | 104,2 |
| 720 | 63,0 |
| 800 | 194,8 |
| 804 | 106,7 |
| 999 | 111,9 |
| 0808 20 50 | 720 | 69,7 |
| 999 | 69,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

127,5

070

56,3

204

60,5

999

81,4

0707 00 05

052

114,6

204

41,8

999

78,2

0709 90 70

052

93,2

204

101,0

999

97,1

0805 20 10

204

66,3

999

66,3

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

052

74,5

624

99,1

999

86,8

0805 50 10

052

59,3

388

49,8

524

65,7

528

49,8

999

56,2

0806 10 10

052

104,4

400

203,7

508

279,5

999

195,9

0808 10 20 , 0808 10 50 , 0808 10 90

388

139,6

400

95,9

404

79,3

512

104,2

720

63,0

800

194,8

804

106,7

999

111,9

0808 20 50

720

69,7

999

69,7

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(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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| 19.11.2004 | EN | Official Journal of the European Union | L 343/3 |
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19.11.2004

EN

Official Journal of the European Union

L 343/3

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COMMISSION REGULATION (EC) No 1982/2004

of 18 November 2004

implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States (1) and in particular Articles 3(4) and (5), 6(2), 8(2), 9, 10, 12 and 13(3) thereof,

Whereas:

| (1) | Statistics relating to the trading of goods between Member States are based on the Regulation (EC) No 638/2004 of the European Parliament and of the Council which reconsiders the statistical provisions with a view to improving transparency and facilitating comprehension and which is adapted to meet current data requirements. Particular implementation arrangements are assigned to the Commission in accordance with Article 14(2) of the said Regulation. Therefore it is necessary to adopt a new Commission Regulation which should refer in a restrictive manner to the assigned responsibility and specify the implementing provisions. Commission Regulations (EC) No 1901/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EEC) No 3330/91 on the statistics relating to the trading of goods between Member States (2) and (EEC) No 3590/92 of 11 December 1992 concerning the statistical information media for statistics on trade between Member States (3) should therefore be repealed. |
| --- | --- |

(1)

Statistics relating to the trading of goods between Member States are based on the Regulation (EC) No 638/2004 of the European Parliament and of the Council which reconsiders the statistical provisions with a view to improving transparency and facilitating comprehension and which is adapted to meet current data requirements. Particular implementation arrangements are assigned to the Commission in accordance with Article 14(2) of the said Regulation. Therefore it is necessary to adopt a new Commission Regulation which should refer in a restrictive manner to the assigned responsibility and specify the implementing provisions. Commission Regulations (EC) No 1901/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EEC) No 3330/91 on the statistics relating to the trading of goods between Member States (2) and (EEC) No 3590/92 of 11 December 1992 concerning the statistical information media for statistics on trade between Member States (3) should therefore be repealed.

| (2) | For methodological reasons a number of types of goods and movements should be exempted. It is necessary to draw up a comprehensive list of those goods to be excluded from the statistics to be sent to the Commission (Eurostat). |
| --- | --- |

(2)

For methodological reasons a number of types of goods and movements should be exempted. It is necessary to draw up a comprehensive list of those goods to be excluded from the statistics to be sent to the Commission (Eurostat).

| (3) | Goods are to be included in trade statistics at the time when they enter or leave the statistical territory of a country. However, special arrangements are needed when data collection takes account of fiscal and customs procedures. |
| --- | --- |

(3)

Goods are to be included in trade statistics at the time when they enter or leave the statistical territory of a country. However, special arrangements are needed when data collection takes account of fiscal and customs procedures.

| (4) | A link between value added tax information and Intrastat declarations should be maintained in order to check the quality of the collected information. It is appropriate to determine the information to be transmitted by the national tax administration to the national authorities responsible for statistics. |
| --- | --- |

(4)

A link between value added tax information and Intrastat declarations should be maintained in order to check the quality of the collected information. It is appropriate to determine the information to be transmitted by the national tax administration to the national authorities responsible for statistics.

| (5) | Common definitions and concepts should apply to data collected within the Intrastat system in order to facilitate a harmonised application of the system. |
| --- | --- |

(5)

Common definitions and concepts should apply to data collected within the Intrastat system in order to facilitate a harmonised application of the system.

| (6) | With a view to transparency and equal treatment of the companies, harmonised and accurate provisions should be applied for the setting up of thresholds. |
| --- | --- |

(6)

With a view to transparency and equal treatment of the companies, harmonised and accurate provisions should be applied for the setting up of thresholds.

| (7) | Appropriate provisions have to be determined for some specific goods and movements in order to ensure that the necessary information is collected in a harmonised way. |
| --- | --- |

(7)

Appropriate provisions have to be determined for some specific goods and movements in order to ensure that the necessary information is collected in a harmonised way.

| (8) | Common and appropriate timetables as well as provisions on adjustments and revisions have to be included in order to satisfy users’ needs for timely and comparable figures. |
| --- | --- |

(8)

Common and appropriate timetables as well as provisions on adjustments and revisions have to be included in order to satisfy users’ needs for timely and comparable figures.

| (9) | A regular assessment of the system is planned in order to improve the data quality and ensure the transparency of the functioning of the system. |
| --- | --- |

(9)

A regular assessment of the system is planned in order to improve the data quality and ensure the transparency of the functioning of the system.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on the statistics relating to the trading of goods between Member States, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the statistics relating to the trading of goods between Member States,

HAS ADOPTED THIS REGULATION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation sets up the necessary measures for implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council.

Article 2

Excluded goods

The goods listed in Annex I to this Regulation shall be excluded from statistics relating to the trading of goods between Member States to be transmitted to the Commission (Eurostat).

Article 3

Period of reference

1.   Member States may adapt the period of reference for Community goods on which VAT becomes chargeable on intra-Community acquisitions according to Article 6(2) of Regulation (EC) No 638/2004.

The reference period may then be defined as the calendar month during which the chargeable event occurs.

2.   Member States may adapt the period of reference where the Customs declaration is used in support of the information according to Article 6(2) of Regulation (EC) No 638/2004.

The reference period may then be defined as the calendar month during which the declaration is accepted by Customs.

CHAPTER 2

COMMUNICATION OF INFORMATION BY THE TAX ADMINISTRATION

Article 4

1.   The parties responsible for providing the information for the Intrastat System have the obligation to prove, at the request of the national authority, the correctness of the provided statistical information.

2.   The obligation according to paragraph 1 is limited to data which the provider of statistical information has to deliver to the competent tax administration in connection with his or her intra-Community movements of goods.

Article 5

1.   The tax administration responsible in each Member State shall provide to the national authorities the following information in order to identify the persons who have declared goods for fiscal purposes:

| (a) | full name of the natural or legal person; |
| --- | --- |

(a)

full name of the natural or legal person;

| (b) | full address including post code; |
| --- | --- |

(b)

full address including post code;

| (c) | identification number according to Article 9(1)(a) of Regulation (EC) No 638/2004. |
| --- | --- |

(c)

identification number according to Article 9(1)(a) of Regulation (EC) No 638/2004.

2.   The tax administration responsible in each Member State shall provide to the national authorities for each natural or legal person in accordance with Directive 77/388/EEC (4):

| (a) | the taxable amount of intra-Community acquisitions and deliveries of goods; |
| --- | --- |

(a)

the taxable amount of intra-Community acquisitions and deliveries of goods;

| (b) | the tax period. |
| --- | --- |

(b)

the tax period.

Article 6

The additional information referred to in Article 8(2)(b) of Regulation (EC) No 638/2004 concerns at least the national VIES data (VAT Information Exchange System data).

CHAPTER 3

COLLECTION OF INTRASTAT INFORMATION

Article 7

Partner Member State and country of origin

The partner Member States and where collected, the country of origin shall be reported according to the version of the nomenclature of countries and territories in force.

Article 8

Value of the goods

1.   The value of the goods shall be the taxable amount which is the value to be determined for taxation purposes in accordance with Directive 77/388/EEC.

For products subject to duties, the amount of these duties shall be excluded.

Whenever the taxable amount does not have to be declared for taxation purposes, a positive value has to be reported which shall correspond to the invoice value, excluding VAT, or, failing this, to an amount which would have been invoiced in the event of any sale or purchase.

In the case of processing, the value to be collected, with a view to and following such operations, shall be the total amount which would be invoiced in case of sale or purchase.

2.   Additionally, Member States may also collect the statistical value of the goods, as defined in the Annex to Regulation (EC) No 638/2004, from part of the providers of information whose trade shall amount to a maximum of 70 % of the relevant Member State’s total trade expressed in value.

3.   The value of the goods defined in paragraphs 1 and 2 shall be expressed in the national currency. The exchange rate to be applied shall be:

| (a) | the rate of exchange applicable for determining the taxable amount for taxation purposes, when this is established; or |
| --- | --- |

(a)

the rate of exchange applicable for determining the taxable amount for taxation purposes, when this is established; or

| (b) | the official rate of exchange at the time of completing the declaration or that applicable to calculating the value for customs purposes, in the absence of any special provisions decided by the Member States. |
| --- | --- |

(b)

the official rate of exchange at the time of completing the declaration or that applicable to calculating the value for customs purposes, in the absence of any special provisions decided by the Member States.

Article 9

Quantity of the goods

1.   The net mass shall be given in kilograms. However, the specification of net mass for the subheadings of the Combined Nomenclature hereinafter referred to as ‘CN’ as established by Council Regulation (EEC) No 2658/87 (5) set out in Annex II to this Regulation shall not be requested from the parties responsible for providing information.

2.   The supplementary units shall be mentioned in accordance with the information set out in Council Regulation (EEC) No 2658/87, opposite the subheadings concerned, the list of which is published in Part I ‘Preliminary provisions’ of the said Regulation.

Article 10

Nature of transaction

The nature of transaction shall be reported according to the codes specified in the list of Annex III to this Regulation. Member States shall apply the codes of column A or a combination of the code numbers in column A and their subdivisions in column B indicated in this list.

Article 11

Delivery terms

Member States which collect the delivery terms according to Article 9(2)(d) of Regulation (EC) No 638/2004 may use the codes specified in Annex IV to this Regulation.

Article 12

Mode of transport

Member States which collect the mode of transport according to Article 9(2)(e) of Regulation (EC) No 638/2004 may use the codes specified in Annex V to this Regulation.

CHAPTER 4

SIMPLIFICATION WITHIN INTRASTAT

Article 13

1.   Member States shall calculate their thresholds for the year following the current calendar year on the basis of the latest available results for their trade with other Member States over a period of at least 12 months. The provisions adopted at the start of a year shall apply for the whole year.

2.   The value of the trade of a party responsible for providing information is considered to be above the thresholds:

| (a) | when the value of trade with other Member States during the previous year exceeds the applicable thresholds, or |
| --- | --- |

(a)

when the value of trade with other Member States during the previous year exceeds the applicable thresholds, or

| (b) | when the cumulative value of trade with other Member States since the beginning of the year of application exceeds the applicable thresholds. In that case, information shall be provided from the month in which thresholds are exceeded. |
| --- | --- |

(b)

when the cumulative value of trade with other Member States since the beginning of the year of application exceeds the applicable thresholds. In that case, information shall be provided from the month in which thresholds are exceeded.

3.   Parties responsible for providing information according to the simplified rules of Article 10(4)(c) of Regulation (EC) No 638/2004 shall use the code 9950 00 00 for reporting the residual products.

4.   For individual transactions whose value is less than EUR 200, the parties responsible for providing information may report the following simplified information:

| — | the product code 9950 00 00, |
| --- | --- |

—

the product code 9950 00 00,

| — | the partner Member State, |
| --- | --- |

—

the partner Member State,

| — | the value of the goods. |
| --- | --- |

—

the value of the goods.

National authorities:

| (a) | may refuse or limit application of this simplification if they consider that the aim of maintaining a satisfactory quality of statistical information overrides the desirability of reducing the reporting burden; |
| --- | --- |

(a)

may refuse or limit application of this simplification if they consider that the aim of maintaining a satisfactory quality of statistical information overrides the desirability of reducing the reporting burden;

| (b) | may require parties responsible for providing information to ask in advance to be allowed to make use of the simplification. |
| --- | --- |

(b)

may require parties responsible for providing information to ask in advance to be allowed to make use of the simplification.

CHAPTER 5

RULES CONCERNING SPECIFIC GOODS AND MOVEMENTS

Article 14

In addition to the provisions of the Regulation (EC) No 638/2004, specific goods and movements shall be subject to the rules set out in this Chapter for data to be transmitted to the Commission (Eurostat).

Article 15

Industrial plant

1.   For the purpose of this Article:

| (a) | ‘industrial plant’ is a combination of machines, apparatus, appliances, equipment, instruments and materials which together make up large-scale, stationary units producing goods or providing services; |
| --- | --- |

(a)

‘industrial plant’ is a combination of machines, apparatus, appliances, equipment, instruments and materials which together make up large-scale, stationary units producing goods or providing services;

| (b) | ‘component part’ means a delivery for an industrial plant which is made up of goods which all belong to the same chapter of the CN. |
| --- | --- |

(b)

‘component part’ means a delivery for an industrial plant which is made up of goods which all belong to the same chapter of the CN.

2.   Statistics on trade between Member States may cover only dispatches and arrivals of component parts used for the construction of industrial plants or the re-use of industrial plants.

3.   Member States applying paragraph 2 may apply the following particular provisions on condition that the overall statistical value of a given industrial plant exceeds 3 million EUR, unless they are complete industrial plants for re-use:

| (a) | The commodity codes shall be composed as follows:






  — | the first four digits shall be 9880, |
| --- | --- | --- |

(a)

The commodity codes shall be composed as follows:

—

the first four digits shall be 9880,

| — | the fifth and the sixth digits shall correspond to the CN chapter to which the goods of the component part belong, |
| --- | --- |

—

the fifth and the sixth digits shall correspond to the CN chapter to which the goods of the component part belong,

| — | the seventh and the eighth digits shall be 0. |
| --- | --- |

—

the seventh and the eighth digits shall be 0.

| (b) | The quantity shall be optional. |
| --- | --- |

(b)

The quantity shall be optional.

Article 16

Staggered consignments

1.   For the purpose of this Article ‘staggered consignments’ means the delivery of components of a complete item in an unassembled or disassembled state which are shipped during more than one reference period for commercial or transport-related reasons.

2.   Member States shall transmit data on arrivals or dispatches of staggered consignments only once, in the month that the last consignment arrives or is dispatched.

Article 17

Vessels and aircraft

1.   For the purposes of this Article:

| (a) | ‘vessel’ means a vessel used for sea transport, referred to in Additional Notes 1 and 2 of Chapter 89 of the CN, and warships; |
| --- | --- |

(a)

‘vessel’ means a vessel used for sea transport, referred to in Additional Notes 1 and 2 of Chapter 89 of the CN, and warships;

| (b) | ‘aircraft’ means aeroplanes falling within CN code 8802 for civilian use, provided they are used by an airline, or for military use; |
| --- | --- |

(b)

‘aircraft’ means aeroplanes falling within CN code 8802 for civilian use, provided they are used by an airline, or for military use;

| (c) | ‘ownership of a vessel or aircraft’ means the fact of a natural or legal person’s registration as owner of a vessel or an aircraft. |
| --- | --- |

(c)

‘ownership of a vessel or aircraft’ means the fact of a natural or legal person’s registration as owner of a vessel or an aircraft.

2.   Statistics relating to the trading of goods between Member States on vessels and aircraft shall cover only the following dispatches and arrivals:

| (a) | the transfer of ownership of a vessel or aircraft, from a natural or legal person established in another Member State to a natural or legal person established in the reporting Member State. This transaction shall be treated as an arrival; |
| --- | --- |

(a)

the transfer of ownership of a vessel or aircraft, from a natural or legal person established in another Member State to a natural or legal person established in the reporting Member State. This transaction shall be treated as an arrival;

| (b) | the transfer of ownership of a vessel or aircraft from a natural or legal person established in the reporting Member State to a natural or legal person established in another Member State. This transaction shall be treated as a dispatch.
  If the vessel or aircraft is new the dispatch is recorded in the Member State of construction; |
| --- | --- |

(b)

the transfer of ownership of a vessel or aircraft from a natural or legal person established in the reporting Member State to a natural or legal person established in another Member State. This transaction shall be treated as a dispatch.

If the vessel or aircraft is new the dispatch is recorded in the Member State of construction;

| (c) | the dispatches and arrivals of vessels or aircraft pending or following processing under contract as defined in Annex III, footnote (e). |
| --- | --- |

(c)

the dispatches and arrivals of vessels or aircraft pending or following processing under contract as defined in Annex III, footnote (e).

3.   Member States shall apply the following specific provisions on statistics relating to the trading of goods between Member States:

| (a) | the quantity shall be expressed in number of items and any other supplementary units laid down in the CN, for vessels, and in net mass and supplementary units, for aircraft; |
| --- | --- |

(a)

the quantity shall be expressed in number of items and any other supplementary units laid down in the CN, for vessels, and in net mass and supplementary units, for aircraft;

| (b) | the statistical value shall be the total amount which would be invoiced -transport and insurance costs being excluded - in case of sale or purchase of the whole vessel or aircraft; |
| --- | --- |

(b)

the statistical value shall be the total amount which would be invoiced -transport and insurance costs being excluded - in case of sale or purchase of the whole vessel or aircraft;

| (c) | the partner Member State for the reporting Member State shall be:






  — | the Member State of construction, on arrival in the case of new vessel or aircraft constructed in the European Union, |
| --- | --- | --- |

(c)

the partner Member State for the reporting Member State shall be:

—

the Member State of construction, on arrival in the case of new vessel or aircraft constructed in the European Union,

| — | in the other cases the partner Member State shall be the Member State where the natural or legal person transferring the ownership of the vessel or aircraft is established, on arrival, or the natural or legal person to whom the ownership of the vessel or aircraft is transferred, on dispatch. |
| --- | --- |

—

in the other cases the partner Member State shall be the Member State where the natural or legal person transferring the ownership of the vessel or aircraft is established, on arrival, or the natural or legal person to whom the ownership of the vessel or aircraft is transferred, on dispatch.

| (d) | the reference period for arrivals and dispatches referred to in paragraphs 2(a) and (b) shall be the month where the transfer of ownership takes place. |
| --- | --- |

(d)

the reference period for arrivals and dispatches referred to in paragraphs 2(a) and (b) shall be the month where the transfer of ownership takes place.

4.   Provided that there is no conflict with other national or Community legislation, national authorities responsible for Intrastat shall have access to additional data sources other than those of the Intrastat System or the Single Administrative Document for customs or fiscal purposes which they may need to apply this Article.

Article 18

Motor vehicle and aircraft parts

Member States may apply simplified national provisions for motor vehicle and aircraft parts, provided that they keep the Commission (Eurostat) informed on their particular practice before application.

Article 19

Goods delivered to vessels and aircraft

1.   For the purposes of this Article:

| (a) | ‘delivery of goods to vessels and aircraft’ means the delivery of products for the crew and passengers, and for the operation of the engines, machines and other equipment of vessels or aircraft; |
| --- | --- |

(a)

‘delivery of goods to vessels and aircraft’ means the delivery of products for the crew and passengers, and for the operation of the engines, machines and other equipment of vessels or aircraft;

| (b) | vessels or aircraft shall be deemed to belong to the Member State in which the vessel or aircraft is registered. |
| --- | --- |

(b)

vessels or aircraft shall be deemed to belong to the Member State in which the vessel or aircraft is registered.

2.   Statistics relating to the trading of goods between Member States shall cover only dispatches of goods delivered on the territory of the reporting Member State to vessels and aircraft belonging to another Member State. Dispatches shall cover all goods defined in Article 3(2)(a) and (b) of Regulation (EC) No 638/2004.

3.   Member States shall use the following commodity codes for goods delivered to vessels and aircraft:

| — | 9930 24 00 goods from CN chapters 1 to 24, |
| --- | --- |

—

9930 24 00 goods from CN chapters 1 to 24,

| — | 9930 27 00 goods from CN chapters 1 to 24, |
| --- | --- |

—

9930 27 00 goods from CN chapters 1 to 24,

| — | 9930 99 00: goods classified elsewhere. |
| --- | --- |

—

9930 99 00: goods classified elsewhere.

The transmission of data on the quantity is optional. However, the data on net mass shall be transmitted on goods belonging to chapter 27.

In addition, the simplified partner country code ‘QR’ may be used.

Article 20

Offshore installations

1.   For the purposes of this Article:

| (a) | ‘offshore installation’ means the equipment and devices installed and stationary in the sea outside the statistical territory of any given country; |
| --- | --- |

(a)

‘offshore installation’ means the equipment and devices installed and stationary in the sea outside the statistical territory of any given country;

| (b) | these offshore installations shall be deemed to belong to that Member State in which the natural or legal person responsible for their commercial use is established. |
| --- | --- |

(b)

these offshore installations shall be deemed to belong to that Member State in which the natural or legal person responsible for their commercial use is established.

2.   Statistics relating to the trading of goods between Member States shall cover dispatches and arrivals of goods delivered to and from these offshore installations.

3.   Member States shall use the following commodity codes for goods destined for the operators of the offshore installation or for the operation of the engines, machines and other equipment of the offshore installation:

| — | 9931 24 00: goods from the CN chapters 1 to 24, |
| --- | --- |

—

9931 24 00: goods from the CN chapters 1 to 24,

| — | 9931 27 00: goods from the CN Chapter 27, |
| --- | --- |

—

9931 27 00: goods from the CN Chapter 27,

| — | 9931 99 00: goods classified elsewhere. |
| --- | --- |

—

9931 99 00: goods classified elsewhere.

The transmission of data on the quantity is optional. However, the data on net mass shall be transmitted on goods belonging to chapter 27.

The simplified partner country code ‘QV’ may be used.

Article 21

Sea products

1.   For the purposes of this Article:

| (a) | ‘sea products’ means fishery products, minerals, salvage and all other products which have not yet been landed by sea going vessels; |
| --- | --- |

(a)

‘sea products’ means fishery products, minerals, salvage and all other products which have not yet been landed by sea going vessels;

| (b) | sea products shall be deemed to belong to that Member State where the vessel, which is carrying out the capturing, is registered. |
| --- | --- |

(b)

sea products shall be deemed to belong to that Member State where the vessel, which is carrying out the capturing, is registered.

2.   Statistics relating to the trading of goods between Member States shall cover the following dispatches and arrivals:

| (a) | arrivals when sea products are landed in the reporting Member State’s ports or acquired by vessels registered in the reporting Member State from a vessel registered in another Member State; |
| --- | --- |

(a)

arrivals when sea products are landed in the reporting Member State’s ports or acquired by vessels registered in the reporting Member State from a vessel registered in another Member State;

| (b) | dispatches when sea products are landed in another Member State’s ports or acquired by vessels registered in another Member State from a vessel registered in the reporting Member State. |
| --- | --- |

(b)

dispatches when sea products are landed in another Member State’s ports or acquired by vessels registered in another Member State from a vessel registered in the reporting Member State.

3.   The partner Member State shall be, on arrival, the Member State where the vessel, which is carrying out the capturing, is registered and, on dispatch, the Member State where the sea product is landed or the vessel acquiring the sea product is registered.

4.   Provided that there is no conflict with other national or Community legislation, national authorities responsible for Intrastat shall have access to additional data sources other than those of the Intrastat System or the Single Administrative Document for customs or fiscal purposes which they may need to apply this Article.

Article 22

Spacecraft

1.   For the purposes of this Article, ‘spacecraft’ means vehicles which are able to travel outside the earth’s atmosphere.

2.   Statistics relating to the trading of goods between Member States shall cover the following dispatches and arrivals of spacecraft:

| (a) | the dispatch or arrival of a spacecraft pending or following processing under contract as defined in Annex III footnote (e) to this Regulation; |
| --- | --- |

(a)

the dispatch or arrival of a spacecraft pending or following processing under contract as defined in Annex III footnote (e) to this Regulation;

| (b) | the launching into space of a spacecraft which was the subject of a transfer of ownership between two natural or legal persons established in different Member States is to be considered:






  (i) | as a dispatch in the Member State of construction of the finished spacecraft, |
| --- | --- | --- |

(b)

the launching into space of a spacecraft which was the subject of a transfer of ownership between two natural or legal persons established in different Member States is to be considered:

(i)

as a dispatch in the Member State of construction of the finished spacecraft,

| (ii) | as an arrival in the Member State where the new owner is established. |
| --- | --- |

(ii)

as an arrival in the Member State where the new owner is established.

3.   The following specific provisions shall apply to the statistics referred to in paragraph 2(b):

| (a) | the data on the statistical value shall be defined as the value of the spacecraft ex-works in accordance with the delivery terms specified in Annex IV to this Regulation. |
| --- | --- |

(a)

the data on the statistical value shall be defined as the value of the spacecraft ex-works in accordance with the delivery terms specified in Annex IV to this Regulation.

| (b) | The data on the partner Member State shall be the Member State of construction of the finished spacecraft, on arrival, and the Member State where the new owner is established, on dispatch. |
| --- | --- |

(b)

The data on the partner Member State shall be the Member State of construction of the finished spacecraft, on arrival, and the Member State where the new owner is established, on dispatch.

4.   Provided that there is no conflict with other national or Community legislation, national authorities responsible for Intrastat shall have access to additional data sources other than those of the Intrastat System or the Single Administrative Document for customs or fiscal purposes which they may need to apply this Article.

Article 23

Electricity

1.   Statistics relating to the trading of goods between Member States shall cover dispatches and arrivals of electricity.

2.   Provided that there is no conflict with other national or Community legislation, national authorities responsible for Intrastat shall have access to additional data sources other than those of the Intrastat System or the Single Administrative Document for customs or fiscal purposes which they may need to transmit data on the trading of electricity between Member States to the Commission (Eurostat).

3.   The statistical value transmitted to the Commission (Eurostat) may be based on estimates. Member States have to inform the Commission (Eurostat) on the methodology used for the estimate before application.

Article 24

Military goods

1.   Statistics relating to the trading of goods between Member States shall cover dispatches and arrivals of goods intended for military use.

2.   Member States may transmit less detailed information than indicated in Article 9(1) points (b) to (h) of Regulation (EC) No 638/2004 when the information falls under military secrecy in compliance with the definitions in force in the Member States. However, as a minimum, data on the total monthly statistical value of the dispatches and arrivals shall be transmitted to the Commission (Eurostat).

CHAPTER 6

DATA TRANSMISSION TO EUROSTAT

Article 25

1.   Aggregated results referred to in Article 12(1)(a) of Regulation (EC) No 638/2004 are defined, for each flow, as the total value of the trade with other Member States. In addition, Member States belonging to the euro area shall provide a breakdown of their trade outside the euro area by products according to Sections of the Standard International Trade Classification, Revision 3.

2.   Member States shall take all necessary measures to ensure that the collection of trade data from companies above the threshold of 97 % is exhaustive.

3.   Adjustments made in application of Article 12 of Regulation (EC) No 638/2004 shall be transmitted to Eurostat with at least a breakdown by partner country and commodity code at two digit level of the CN.

4.   As regards the statistical value of the goods, Member States shall estimate this value, where not collected.

5.   Member States having adapted the reference period according to Article 3(1) shall ensure that monthly results are transmitted to the Commission (Eurostat), using estimates if necessary, when the reference period for fiscal purposes does not correspond with a calendar month.

6.   Member States shall transmit data declared confidential to the Commission (Eurostat) so that they may be published at least under the original first two-digits of the CN code if the confidentiality is thereby assured.

7.   When monthly results already transmitted to the Commission (Eurostat) are subject to revisions, Member States shall transmit revised results no later than in the month following the availability of revised data.

CHAPTER 7

QUALITY REPORT

Article 26

1.   Member States shall supply the Commission (Eurostat) no later than 10 months following the calendar year with a quality report containing all information that it requests to assess the quality of the data transmitted.

2.   The quality report aims at covering quality of statistics with reference to the following dimensions:

| — | relevance of statistical concepts, |
| --- | --- |

—

relevance of statistical concepts,

| — | accuracy of estimates, |
| --- | --- |

—

accuracy of estimates,

| — | timeliness in transmission of results to the Commission (Eurostat), |
| --- | --- |

—

timeliness in transmission of results to the Commission (Eurostat),

| — | accessibility and clarity of the information, |
| --- | --- |

—

accessibility and clarity of the information,

| — | comparability of statistics, |
| --- | --- |

—

comparability of statistics,

| — | coherence, |
| --- | --- |

—

coherence,

| — | completeness. |
| --- | --- |

—

completeness.

3.   The quality indicators are defined in Annex VI to this Regulation.

CHAPTER 8

FINAL PROVISIONS

Article 27

Regulation (EC) No 1901/2000 and Regulation (EEC) No 3590/92 are hereby repealed with effect from 1 January 2005.

Article 28

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

It shall apply from 1 January 2005.

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

Done at Brussels, 18 November 2004.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 102, 7.4.2004, p. 1.

1

(2)  
  OJ L 228, 8.9.2000, p. 28. Regulation as last amended by Regulation (EC) 2207/2003 (OJ L 330, 18.12.2003, p. 15).

2

(3)  
  OJ L 364, 12.12.1992, p. 32.

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 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 1558/2004 (OJ L 283, 2.9.2004, p. 7).

5

---

ANNEX I

List of goods excluded from statistics relating to the trading of goods between Member States to be transmitted to the Commission (Eurostat)

| (a) | means of payment which are legal tender and securities |
| --- | --- |

(a)

means of payment which are legal tender and securities

| (b) | monetary gold |
| --- | --- |

(b)

monetary gold

| (c) | emergency aid for disaster areas |
| --- | --- |

(c)

emergency aid for disaster areas

| (d) | goods benefiting from diplomatic, consular or similar immunity |
| --- | --- |

(d)

goods benefiting from diplomatic, consular or similar immunity

| (e) | goods for and following temporary use, provided all the following conditions are met:






  1. | no processing is planned or made |
| --- | --- | --- |

(e)

goods for and following temporary use, provided all the following conditions are met:

1.

no processing is planned or made

| 2. | the expected duration of the temporary use is not longer than 24 months |
| --- | --- |

2.

the expected duration of the temporary use is not longer than 24 months

| 3. | the dispatch/arrival has not to be declared as a delivery/acquisition for VAT purposes |
| --- | --- |

3.

the dispatch/arrival has not to be declared as a delivery/acquisition for VAT purposes

| (f) | goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio and videotapes, CD-ROMs with stored computer software, where developed to order for a particular client or where they are not subject of a commercial transaction, as well as complements for a previous delivery e.g. updates for which the consignee is not invoiced. |
| --- | --- |

(f)

goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio and videotapes, CD-ROMs with stored computer software, where developed to order for a particular client or where they are not subject of a commercial transaction, as well as complements for a previous delivery e.g. updates for which the consignee is not invoiced.

| (g) | provided that they are not the subject of a commercial transaction:






  1. | advertising material |
| --- | --- | --- |

(g)

provided that they are not the subject of a commercial transaction:

1.

advertising material

| 2. | commercial samples |
| --- | --- |

2.

commercial samples

| (h) | goods for and after repair and the associated replacement parts. A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order; this may involve some rebuilding or enhancements but does not change the nature of the goods in any way |
| --- | --- |

(h)

goods for and after repair and the associated replacement parts. A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order; this may involve some rebuilding or enhancements but does not change the nature of the goods in any way

| (i) | goods dispatched to national armed forces stationed outside the statistical territory and goods received from another Member State which had been conveyed outside the statistical territory by the national armed forces, as well as goods acquired or disposed of on the statistical territory of a Member State by the armed forces of another Member State which are stationed there |
| --- | --- |

(i)

goods dispatched to national armed forces stationed outside the statistical territory and goods received from another Member State which had been conveyed outside the statistical territory by the national armed forces, as well as goods acquired or disposed of on the statistical territory of a Member State by the armed forces of another Member State which are stationed there

| (j) | spacecraft launchers, on dispatch and on arrival pending launching into space, and at the time of launching into space |
| --- | --- |

(j)

spacecraft launchers, on dispatch and on arrival pending launching into space, and at the time of launching into space

| (k) | sales of new means of transport by natural or legal persons liable to VAT to private individuals from other Member States |
| --- | --- |

(k)

sales of new means of transport by natural or legal persons liable to VAT to private individuals from other Member States

---

ANNEX II

List of CN subheadings referred to Article 9(1)

| | 0105 11 11 |
| --- | --- |

0105 11 11

| | 0105 11 19 |
| --- | --- |

0105 11 19

| | 0105 11 91 |
| --- | --- |

0105 11 91

| | 0105 11 99 |
| --- | --- |

0105 11 99

| | 0105 12 00 |
| --- | --- |

0105 12 00

| | 0105 19 20 |
| --- | --- |

0105 19 20

| | 0105 19 90 |
| --- | --- |

0105 19 90

| | ********* |
| --- | --- |

*********

| | 0407 00 11 |
| --- | --- |

0407 00 11

| | ********* |
| --- | --- |

*********

| | 2202 10 00 |
| --- | --- |

2202 10 00

| | 2202 90 10 |
| --- | --- |

2202 90 10

| | 2202 90 91 |
| --- | --- |

2202 90 91

| | 2202 90 95 |
| --- | --- |

2202 90 95

| | 2202 90 99 |
| --- | --- |

2202 90 99

| | ********* |
| --- | --- |

*********

| | 2203 00 01 |
| --- | --- |

2203 00 01

| | 2203 00 09 |
| --- | --- |

2203 00 09

| | 2203 00 10 |
| --- | --- |

2203 00 10

| | ********* |
| --- | --- |

*********

| | 2204 10 11 |
| --- | --- |

2204 10 11

| | 2204 10 19 |
| --- | --- |

2204 10 19

| | 2204 10 91 |
| --- | --- |

2204 10 91

| | 2204 10 99 |
| --- | --- |

2204 10 99

| | 2204 21 10 |
| --- | --- |

2204 21 10

| | 2204 21 11 |
| --- | --- |

2204 21 11

| | 2204 21 12 |
| --- | --- |

2204 21 12

| | 2204 21 13 |
| --- | --- |

2204 21 13

| | 2204 21 17 |
| --- | --- |

2204 21 17

| | 2204 21 18 |
| --- | --- |

2204 21 18

| | 2204 21 19 |
| --- | --- |

2204 21 19

| | 2204 21 22 |
| --- | --- |

2204 21 22

| | 2204 21 23 |
| --- | --- |

2204 21 23

| | 2204 21 24 |
| --- | --- |

2204 21 24

| | 2204 21 26 |
| --- | --- |

2204 21 26

| | 2204 21 27 |
| --- | --- |

2204 21 27

| | 2204 21 28 |
| --- | --- |

2204 21 28

| | 2204 21 32 |
| --- | --- |

2204 21 32

| | 2204 21 34 |
| --- | --- |

2204 21 34

| | 2204 21 36 |
| --- | --- |

2204 21 36

| | 2204 21 37 |
| --- | --- |

2204 21 37

| | 2204 21 38 |
| --- | --- |

2204 21 38

| | 2204 21 42 |
| --- | --- |

2204 21 42

| | 2204 21 43 |
| --- | --- |

2204 21 43

| | 2204 21 44 |
| --- | --- |

2204 21 44

| | 2204 21 46 |
| --- | --- |

2204 21 46

| | 2204 21 47 |
| --- | --- |

2204 21 47

| | 2204 21 48 |
| --- | --- |

2204 21 48

| | 2204 21 62 |
| --- | --- |

2204 21 62

| | 2204 21 66 |
| --- | --- |

2204 21 66

| | 2204 21 67 |
| --- | --- |

2204 21 67

| | 2204 21 68 |
| --- | --- |

2204 21 68

| | 2204 21 69 |
| --- | --- |

2204 21 69

| | 2204 21 71 |
| --- | --- |

2204 21 71

| | 2204 21 74 |
| --- | --- |

2204 21 74

| | 2204 21 76 |
| --- | --- |

2204 21 76

| | 2204 21 77 |
| --- | --- |

2204 21 77

| | 2204 21 78 |
| --- | --- |

2204 21 78

| | 2204 21 79 |
| --- | --- |

2204 21 79

| | 2204 21 80 |
| --- | --- |

2204 21 80

| | 2204 21 81 |
| --- | --- |

2204 21 81

| | 2204 21 82 |
| --- | --- |

2204 21 82

| | 2204 21 83 |
| --- | --- |

2204 21 83

| | 2204 21 84 |
| --- | --- |

2204 21 84

| | 2204 21 85 |
| --- | --- |

2204 21 85

| | 2204 21 87 |
| --- | --- |

2204 21 87

| | 2204 21 88 |
| --- | --- |

2204 21 88

| | 2204 21 89 |
| --- | --- |

2204 21 89

| | 2204 21 91 |
| --- | --- |

2204 21 91

| | 2204 21 92 |
| --- | --- |

2204 21 92

| | 2204 21 94 |
| --- | --- |

2204 21 94

| | 2204 21 95 |
| --- | --- |

2204 21 95

| | 2204 21 96 |
| --- | --- |

2204 21 96

| | 2204 21 98 |
| --- | --- |

2204 21 98

| | 2204 21 99 |
| --- | --- |

2204 21 99

| | 2204 29 10 |
| --- | --- |

2204 29 10

| | 2204 29 11 |
| --- | --- |

2204 29 11

| | 2204 29 12 |
| --- | --- |

2204 29 12

| | 2204 29 13 |
| --- | --- |

2204 29 13

| | 2204 29 17 |
| --- | --- |

2204 29 17

| | 2204 29 18 |
| --- | --- |

2204 29 18

| | 2204 29 42 |
| --- | --- |

2204 29 42

| | 2204 29 43 |
| --- | --- |

2204 29 43

| | 2204 29 44 |
| --- | --- |

2204 29 44

| | 2204 29 46 |
| --- | --- |

2204 29 46

| | 2204 29 47 |
| --- | --- |

2204 29 47

| | 2204 29 48 |
| --- | --- |

2204 29 48

| | 2204 29 58 |
| --- | --- |

2204 29 58

| | 2204 29 62 |
| --- | --- |

2204 29 62

| | 2204 29 64 |
| --- | --- |

2204 29 64

| | 2204 29 65 |
| --- | --- |

2204 29 65

| | 2204 29 71 |
| --- | --- |

2204 29 71

| | 2204 29 72 |
| --- | --- |

2204 29 72

| | 2204 29 75 |
| --- | --- |

2204 29 75

| | 2204 29 77 |
| --- | --- |

2204 29 77

| | 2204 29 78 |
| --- | --- |

2204 29 78

| | 2204 29 82 |
| --- | --- |

2204 29 82

| | 2204 29 83 |
| --- | --- |

2204 29 83

| | 2204 29 84 |
| --- | --- |

2204 29 84

| | 2204 29 87 |
| --- | --- |

2204 29 87

| | 2204 29 88 |
| --- | --- |

2204 29 88

| | 2204 29 89 |
| --- | --- |

2204 29 89

| | 2204 29 91 |
| --- | --- |

2204 29 91

| | 2204 29 92 |
| --- | --- |

2204 29 92

| | 2204 29 94 |
| --- | --- |

2204 29 94

| | 2204 29 95 |
| --- | --- |

2204 29 95

| | 2204 29 96 |
| --- | --- |

2204 29 96

| | 2204 29 98 |
| --- | --- |

2204 29 98

| | 2204 29 99 |
| --- | --- |

2204 29 99

| | ********* |
| --- | --- |

*********

| | 2205 10 10 |
| --- | --- |

2205 10 10

| | 2205 10 90 |
| --- | --- |

2205 10 90

| | 2205 90 10 |
| --- | --- |

2205 90 10

| | 2205 90 90 |
| --- | --- |

2205 90 90

| | ********* |
| --- | --- |

*********

| | 2206 00 10 |
| --- | --- |

2206 00 10

| | 2206 00 31 |
| --- | --- |

2206 00 31

| | 2206 00 39 |
| --- | --- |

2206 00 39

| | 2206 00 51 |
| --- | --- |

2206 00 51

| | 2206 00 59 |
| --- | --- |

2206 00 59

| | 2206 00 81 |
| --- | --- |

2206 00 81

| | ********* |
| --- | --- |

*********

| | 2207 10 00 |
| --- | --- |

2207 10 00

| | 2207 20 00 |
| --- | --- |

2207 20 00

| | ********* |
| --- | --- |

*********

| | 2209 00 99 |
| --- | --- |

2209 00 99

| | ********* |
| --- | --- |

*********

| | 2716 00 00 |
| --- | --- |

2716 00 00

| | ********* |
| --- | --- |

*********

| | 3702 51 00 |
| --- | --- |

3702 51 00

| | 3702 53 00 |
| --- | --- |

3702 53 00

| | 3702 54 10 |
| --- | --- |

3702 54 10

| | 3702 54 90 |
| --- | --- |

3702 54 90

| | ********* |
| --- | --- |

*********

| | 5701 10 10 |
| --- | --- |

5701 10 10

| | 5701 10 90 |
| --- | --- |

5701 10 90

| | 5701 90 10 |
| --- | --- |

5701 90 10

| | 5701 90 90 |
| --- | --- |

5701 90 90

| | ********* |
| --- | --- |

*********

| | 5702 20 00 |
| --- | --- |

5702 20 00

| | 5702 31 10 |
| --- | --- |

5702 31 10

| | 5702 31 80 |
| --- | --- |

5702 31 80

| | 5702 32 10 |
| --- | --- |

5702 32 10

| | 5702 32 90 |
| --- | --- |

5702 32 90

| | 5702 39 00 |
| --- | --- |

5702 39 00

| | 5702 41 00 |
| --- | --- |

5702 41 00

| | 5702 42 00 |
| --- | --- |

5702 42 00

| | 5702 49 00 |
| --- | --- |

5702 49 00

| | 5702 51 00 |
| --- | --- |

5702 51 00

| | 5702 52 10 |
| --- | --- |

5702 52 10

| | 5702 52 90 |
| --- | --- |

5702 52 90

| | 5702 59 00 |
| --- | --- |

5702 59 00

| | 5702 91 00 |
| --- | --- |

5702 91 00

| | 5702 92 10 |
| --- | --- |

5702 92 10

| | 5702 92 90 |
| --- | --- |

5702 92 90

| | 5702 99 00 |
| --- | --- |

5702 99 00

| | ********* |
| --- | --- |

*********

| | 5703 10 00 |
| --- | --- |

5703 10 00

| | 5703 20 11 |
| --- | --- |

5703 20 11

| | 5703 20 19 |
| --- | --- |

5703 20 19

| | 5703 20 91 |
| --- | --- |

5703 20 91

| | 5703 20 99 |
| --- | --- |

5703 20 99

| | 5703 30 11 |
| --- | --- |

5703 30 11

| | 5703 30 19 |
| --- | --- |

5703 30 19

| | 5703 30 81 |
| --- | --- |

5703 30 81

| | 5703 30 89 |
| --- | --- |

5703 30 89

| | 5703 90 10 |
| --- | --- |

5703 90 10

| | 5703 90 90 |
| --- | --- |

5703 90 90

| | ********* |
| --- | --- |

*********

| | 5704 10 00 |
| --- | --- |

5704 10 00

| | 5704 90 00 |
| --- | --- |

5704 90 00

| | ********* |
| --- | --- |

*********

| | 5705 00 10 |
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| | 9001 40 41 |
| --- | --- |

9001 40 41

| | 9001 40 49 |
| --- | --- |

9001 40 49

| | 9001 40 80 |
| --- | --- |

9001 40 80

| | 9001 50 20 |
| --- | --- |

9001 50 20

| | 9001 50 41 |
| --- | --- |

9001 50 41

| | 9001 50 49 |
| --- | --- |

9001 50 49

| | 9001 50 80 |
| --- | --- |

9001 50 80

| | ********* |
| --- | --- |

*********

| | 9003 11 00 |
| --- | --- |

9003 11 00

| | 9003 19 10 |
| --- | --- |

9003 19 10

| | 9003 19 30 |
| --- | --- |

9003 19 30

| | 9003 19 90 |
| --- | --- |

9003 19 90

| | ********* |
| --- | --- |

*********

| | 9006 53 10 |
| --- | --- |

9006 53 10

| | 9006 53 90 |
| --- | --- |

9006 53 90

| | ********* |
| --- | --- |

*********

| | 9202 10 10 |
| --- | --- |

9202 10 10

| | 9202 10 90 |
| --- | --- |

9202 10 90

| | 9202 90 30 |
| --- | --- |

9202 90 30

| | 9202 90 80 |
| --- | --- |

9202 90 80

| | ********* |
| --- | --- |

*********

| | 9204 10 00 |
| --- | --- |

9204 10 00

| | 9204 20 00 |
| --- | --- |

9204 20 00

| | ********* |
| --- | --- |

*********

| | 9205 10 00 |
| --- | --- |

9205 10 00

| | ********* |
| --- | --- |

*********

| | 9207 90 10 |
| --- | --- |

9207 90 10

| | ********* |
| --- | --- |

*********

---

ANNEX III

Coding of the nature of transaction

| A | B |
| --- | --- |
| 1. | Transactions involving actual or intended transfer of ownership against compensation (financial or otherwise) (except the transactions listed under 2, 7 and 8) (1)
   (2)
   (3) |

A

B

1.

Transactions involving actual or intended transfer of ownership against compensation (financial or otherwise) (except the transactions listed under 2, 7 and 8) (1)
   (2)
   (3)

| 1. | Outright/purchase/sale (2) |
| --- | --- |

1.

Outright/purchase/sale (2)

| 2. | Supply for sale on approval or after trial, for consignment or with the intermediation of a commission agent |
| --- | --- |

2.

Supply for sale on approval or after trial, for consignment or with the intermediation of a commission agent

| 3. | Barter trade (compensation in kind) |
| --- | --- |

3.

Barter trade (compensation in kind)

| 4. | Purchases by private individuals |
| --- | --- |

4.

Purchases by private individuals

| 5. | Financial leasing (hire-purchase) (3) |
| --- | --- |

5.

Financial leasing (hire-purchase) (3)

| 2. | Return of goods after registration of the original transaction under code 1 (4); replacement of goods free of charge (4) |
| --- | --- |

2.

Return of goods after registration of the original transaction under code 1 (4); replacement of goods free of charge (4)

| 1. | Return of goods |
| --- | --- |

1.

Return of goods

| 2. | Replacement for returned goods |
| --- | --- |

2.

Replacement for returned goods

| 3. | Replacement (e.g. under warranty) for goods not being returned |
| --- | --- |

3.

Replacement (e.g. under warranty) for goods not being returned

| 3. | Transactions (not temporary) involving transfer of ownership but without compensation (financial or other) |
| --- | --- |

3.

Transactions (not temporary) involving transfer of ownership but without compensation (financial or other)

| 1. | Goods delivered under aid programmes operated or financed partly or wholly by the European Community |
| --- | --- |

1.

Goods delivered under aid programmes operated or financed partly or wholly by the European Community

| 2. | Other general government aid deliveries |
| --- | --- |

2.

Other general government aid deliveries

| 3. | Other aid deliveries (individuals, non-governmental organisations) |
| --- | --- |

3.

Other aid deliveries (individuals, non-governmental organisations)

| 4. | Others |
| --- | --- |

4.

Others

| 4. | Operations with a view to processing under contract (5) (except those recorded under 7) |
| --- | --- |

4.

Operations with a view to processing under contract (5) (except those recorded under 7)

| 5. | Operations following processing under contract (5) (except those recorded under 7) |
| --- | --- |

5.

Operations following processing under contract (5) (except those recorded under 7)

| 6. | Particular transactions coded for national purposes (6) |
| --- | --- |

6.

Particular transactions coded for national purposes (6)

| 7. | Operations under joint defence projects or other joint intergovernmental production programs |
| --- | --- |

7.

Operations under joint defence projects or other joint intergovernmental production programs

| 8. | Supply of building materials and equipment for works that are part of a general construction or engineering contract (7) |
| --- | --- |

8.

Supply of building materials and equipment for works that are part of a general construction or engineering contract (7)

| 9. | Other transactions |
| --- | --- |

9.

Other transactions

---

(1)  This item covers most dispatches and arrivals, i.e. transactions in respect of which:

| — | ownership is transferred from resident to non-resident, and |
| --- | --- |

—

ownership is transferred from resident to non-resident, and

| — | payment or compensation in kind is or will be made. |
| --- | --- |

—

payment or compensation in kind is or will be made.

It should be noted that this also applies to goods sent between related enterprises or from/to central distribution depots, even if no immediate payment is made.

(2)  Including spare parts and other replacements made against payment.

(3)  Including financial leasing: the lease instalments are calculated in such a way as to cover all or virtually all of the value of the goods. The risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee becomes the legal owner of the goods.

(4)  Return and replacement dispatches of goods originally recorded under items 3 to 9 of column A should be registered under the corresponding items.

(5)  Processing covers operations (transformation, construction, assembling, enhancement, renovation...) with the objective of producing a new or really improved item. This does not necessarily involve a change in the product classification. Processing activities on a processor’s own account are not covered by this item and should be registered under item 1 of column A.

Goods for or following processing have to be recorded as arrivals and dispatches.

However, a repair should not be recorded under this position. A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the goods in working order; this may involve some rebuilding or enhancements but does not change the nature of the goods in anyway.

Goods for and after repair are excluded from statistics relating to the trading of goods between Member States to be transmitted to the Commission (Eurostat) (see Annex I (h)).

(6)  Transactions recorded under this position could be: transactions not involving transfer of ownership e.g. repair, hire, loan, operational leasing and other temporary uses less than two years, except processing under contract (delivery or return). Transactions recorded with this code shall not be transmitted to the Commission (Eurostat).

(7)  The transactions recorded under item 8 of column A involve only goods which are not separately invoiced, but for which a single invoice covers the total value of the works. Where this is not the case, the transactions should be recorded under item 1.

---

ANNEX IV

Coding of delivery terms

| | Meaning | Place to be indicated, when required |
| --- | --- | --- |
| Incoterm Code | Incoterm ICC/ECE Geneva |
| EXW | ex-works | location of works |
| FCA | free carrier | agreed place |
| FAS | free alongside ship | agreed port of loading |
| FOB | free on board | agreed port of loading |
| CFR | cost and freight (C&F) | agreed port of destination |
| CIF | cost, insurance and freight | agreed port of destination |
| CPT | carriage paid to | agreed place of destination |
| CIP | carriage and insurance paid to | agreed place of destination |
| DAF | delivered at frontier | agreed place of delivery at frontier |
| DES | delivered ex-ship | agreed port of destination |
| DEQ | delivered ex-quay | after customs clearance, agreed port |
| DDU | delivered duty unpaid | agreed place of destination in arriving country |
| DDP | delivered duty paid | agreed place of delivery in arriving country |
| XXX | delivery terms other than the above | precise statement of terms specified in the contract |
| Additional information (when required):






  1. | place located in the territory of the Member State concerned |

Meaning

Place to be indicated, when required

Incoterm Code

Incoterm ICC/ECE Geneva

EXW

ex-works

location of works

FCA

free carrier

agreed place

FAS

free alongside ship

agreed port of loading

FOB

free on board

agreed port of loading

CFR

cost and freight (C&F)

agreed port of destination

CIF

cost, insurance and freight

agreed port of destination

CPT

carriage paid to

agreed place of destination

CIP

carriage and insurance paid to

agreed place of destination

DAF

delivered at frontier

agreed place of delivery at frontier

DES

delivered ex-ship

agreed port of destination

DEQ

delivered ex-quay

after customs clearance, agreed port

DDU

delivered duty unpaid

agreed place of destination in arriving country

DDP

delivered duty paid

agreed place of delivery in arriving country

XXX

delivery terms other than the above

precise statement of terms specified in the contract

Additional information (when required):

1.

place located in the territory of the Member State concerned

| 2. | place located in another Member State |
| --- | --- |

2.

place located in another Member State

| 3. | other (place located outside the Community) |
| --- | --- |

3.

other (place located outside the Community)

---

ANNEX V

Coding of mode of transport

| Code | Title |
| --- | --- |
| 1 | Sea transport |
| 2 | Rail transport |
| 3 | Road transport |
| 4 | Air transport |
| 5 | Postal consignment |
| 7 | Fixed transport installations |
| 8 | Inland waterway transport |
| 9 | Own propulsion |

Code

Title

1

Sea transport

2

Rail transport

3

Road transport

4

Air transport

5

Postal consignment

7

Fixed transport installations

8

Inland waterway transport

9

Own propulsion

---

ANNEX VI

Quality indicators

The information on the quality of the data provided by the Member States shall be based on a common set of quality indicators and the necessary descriptive metadata.

| 1. | Relevance of statistical concepts means that the data meet users’ needs. |
| --- | --- |

1.

| 2. | Accuracy is one of the main needs of users. It can be assessed by indicators made up as follows:






  (a) | Thresholds







  (i) | member States shall report the levels of current threshold. |
| --- | --- | --- | --- |

2.

(a)

Thresholds

(i)

member States shall report the levels of current threshold.

| (ii) | in order to monitor the levels at which thresholds have been set, Member States shall report:






  — | the coverage rate (%), expressed in terms of value, of trade above the exemption threshold. |
| --- | --- | --- |

(ii)

in order to monitor the levels at which thresholds have been set, Member States shall report:

—

the coverage rate (%), expressed in terms of value, of trade above the exemption threshold.

| (iii) | in order to monitor the impact of the thresholds, Member States shall report:






  — | the method of adjustment used to estimate trade below the thresholds, |
| --- | --- | --- |

(iii)

in order to monitor the impact of the thresholds, Member States shall report:

—

the method of adjustment used to estimate trade below the thresholds,

| — | the share (%) of estimated trade below the thresholds. |
| --- | --- |

—

the share (%) of estimated trade below the thresholds.

| (b) | Non-response

  In order to assess the level of non-response, Member States shall report:






  — | the method of adjustment used to estimate missing trade, |
| --- | --- | --- |

(b)

Non-response

In order to assess the level of non-response, Member States shall report:

—

the method of adjustment used to estimate missing trade,

| — | the share (%) of values estimated for missing trade. |
| --- | --- |

—

the share (%) of values estimated for missing trade.

| (c) | Statistical value

  In order to assess the impact of calculating the statistical value, Member States shall report:






  — | the methodology used to calculate the statistical value, |
| --- | --- | --- |

(c)

Statistical value

In order to assess the impact of calculating the statistical value, Member States shall report:

—

the methodology used to calculate the statistical value,

| — | the quantitative impact of calculating the statistical value. |
| --- | --- |

—

the quantitative impact of calculating the statistical value.

| (d) | Revisions

  In order to assess the impact of the revisions procedures, Member States shall report:






  — | a description of the revision policy, |
| --- | --- | --- |

(d)

Revisions

In order to assess the impact of the revisions procedures, Member States shall report:

—

a description of the revision policy,

| — | the change (%) of the total trade value between the first results and the last available results. |
| --- | --- |

—

the change (%) of the total trade value between the first results and the last available results.

| (e) | Confidentiality

  In order to assess the impact of confidential trade, Member States shall report:






  — | a description of confidentiality rules, |
| --- | --- | --- |

(e)

Confidentiality

In order to assess the impact of confidential trade, Member States shall report:

—

a description of confidentiality rules,

| — | the share (%) of confidential trade expressed in value terms, |
| --- | --- |

—

the share (%) of confidential trade expressed in value terms,

| — | the number of product codes within the CN affected by confidentiality. |
| --- | --- |

—

the number of product codes within the CN affected by confidentiality.

| (f) | Other links to accuracy

  Other indicators are useful for assessing the quality of data, so Member States shall include the following in the quality report:






  — | description of control procedures, |
| --- | --- | --- |

(f)

Other links to accuracy

Other indicators are useful for assessing the quality of data, so Member States shall include the following in the quality report:

—

description of control procedures,

| — | monthly average number of lines in the declarations, |
| --- | --- |

—

monthly average number of lines in the declarations,

| — | number of PSIs (Providers of Statistical Information), |
| --- | --- |

—

number of PSIs (Providers of Statistical Information),

| — | % of electronic declarations, |
| --- | --- |

—

% of electronic declarations,

| — | % of values declared electronically. |
| --- | --- |

—

% of values declared electronically.

| 3. | Timeliness shall be assessed by Eurostat by calculating the average time between the end of the reference month and transmission of the data to Eurostat, as follows:






  — | annual average delay (+ X days) or advance (– Y days) in the transmission of aggregate results, in calendar days, with reference to the legal deadline. |
| --- | --- | --- |

3.

—

annual average delay (+ X days) or advance (– Y days) in the transmission of aggregate results, in calendar days, with reference to the legal deadline.

| — | annual average delay (+ X days) or advance (– Y days) in the transmission of detailed results, in calendar days, with reference to the legal deadline. |
| --- | --- |

—

annual average delay (+ X days) or advance (– Y days) in the transmission of detailed results, in calendar days, with reference to the legal deadline.

| 4. | Accessibility to users gives value to statistical data, which is increased if the data are readily available in formats required by users. Clarity of the data available depends on the assistance provided in using and interpreting the statistics and on the available comments and analysis of results.
  Consequently, Member States shall include in the quality report the media used to disseminate external trade statistics and references to further information that can assist the users of the statistics (e.g. methodological information, previous or similar publications, etc.). |
| --- | --- |

4.

Consequently, Member States shall include in the quality report the media used to disseminate external trade statistics and references to further information that can assist the users of the statistics (e.g. methodological information, previous or similar publications, etc.).

| 5. | Comparability aims at measuring the impact of differences in applied statistical concepts and definitions when statistics are compared between geographical areas, non-geographical domains, or reference periods.
  The use of differing concepts and definitions in Member States may affect comparability in foreign trade statistics (comparability over space).
  To evaluate the impact, Member States shall report mirror exercises conducted by them and the investigation of asymmetry carried out if the mirror effect becomes significant.

  Comparability over time is another important aspect of quality. Member States shall report any changes to definitions, coverage or methods that will have an impact on continuity. |
| --- | --- |

5.

The use of differing concepts and definitions in Member States may affect comparability in foreign trade statistics (comparability over space).

To evaluate the impact, Member States shall report mirror exercises conducted by them and the investigation of asymmetry carried out if the mirror effect becomes significant.

Comparability over time is another important aspect of quality. Member States shall report any changes to definitions, coverage or methods that will have an impact on continuity.

| 6. | Coherence is defined by how well sets of statistics can be used together. Apart from External Trade Statistics, information on external trade can be found in National Accounts, Business Statistics and Balance of Payments.
  In this context, Member States shall report any information concerning the coherence of foreign trade statistics and statistics originating from other sources. |
| --- | --- |

6.

In this context, Member States shall report any information concerning the coherence of foreign trade statistics and statistics originating from other sources.

| 7. | Completeness refers to the fact that the themes for which statistics are available reflect the needs and the priorities expressed by users of the European Statistical System. |
| --- | --- |

7.

---

| 19.11.2004 | EN | Official Journal of the European Union | L 343/20 |
| --- | --- | --- | --- |

19.11.2004

EN

Official Journal of the European Union

L 343/20

---

COMMISSION REGULATION (EC) No 1983/2004

of 18 November 2004

fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1757/2004 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1757/2004 (2).

| (2) | In accordance with Article 7 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 (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund. |
| --- | --- |

(2)

In accordance with Article 7 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 (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.

| (3) | The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed. |
| --- | --- |

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified on 12 to 18 November 2004, pursuant to the invitation to tender issued in Regulation (EC) No 1757/2004, the maximum refund on exportation of barley shall be 17,49 EUR/t.

Article 2

This Regulation shall enter into force on 19 November 2004.

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

Done at Brussels, 18 November 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

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

1

(2)  
  OJ L 313, 12.10.2004, p. 10.

2

(3)  
  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).

3

---

| 19.11.2004 | EN | Official Journal of the European Union | L 343/21 |
| --- | --- | --- | --- |

19.11.2004

EN

Official Journal of the European Union

L 343/21

---

COMMISSION REGULATION (EC) No 1984/2004

of 18 November 2004

fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 7 thereof,

Having regard to 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), and in particular Article 4 thereof,

Having regard to Commission Regulation (EC) No 1565/2004 of 3 September 2004 on a special intervention measure for oats in Finland and Sweden for the 2004/2005 marketing year (3),

Whereas:

| (1) | An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004. |
| --- | --- |

(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004.

| (2) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed. |
| --- | --- |

(2)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 12 to 18 November 2004, pursuant to the invitation to tender issued in Regulation (EC) No 1565/2004, the maximum refund on exportation of oats shall be 29,99/EUR t.

Article 2

This Regulation shall enter into force on 19 November 2004.

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

Done at Brussels, 18 November 2004.

For the Commission

Franz FISCHLER

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 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

(3)  
  OJ L 285, 4.9.2004, p. 3.

3

---

| 19.11.2004 | EN | Official Journal of the European Union | L 343/22 |
| --- | --- | --- | --- |

19.11.2004

EN

Official Journal of the European Union

L 343/22

---

COMMISSION REGULATION (EC) No 1985/2004

of 18 November 2004

concerning tenders notified in response to the invitation to tender for the import of sorghum issued in Regulation (EC) No 238/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

| (1) | An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 238/2004 (2). |
| --- | --- |

(1)

An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 238/2004 (2).

| (2) | Article 5 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award. |
| --- | --- |

(2)

Article 5 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified to make no award.

| (3) | On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 12 to 18 November 2004 in response to the invitation to tender for the reduction in the duty on imported sorghum issued in Regulation (EC) No 238/2004.

Article 2

This Regulation shall enter into force on 19 November 2004.

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

Done at Brussels, 18 November 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

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

1

(2)  
  OJ L 40, 12.2.2004, p. 23.

2

(3)  
  OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 2235/2000 (OJ L 256, 10.10.2000, p. 13).

3

---

II Acts whose publication is not obligatory

Commission

| 19.11.2004 | EN | Official Journal of the European Union | L 343/23 |
| --- | --- | --- | --- |

19.11.2004

EN

Official Journal of the European Union

L 343/23

---

COMMISSION DECISION

of 18 November 2004

granting certain parties an exemption from the extension to certain bicycle parts, by Council Regulation (EC) No 71/97, of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, and maintained by Council Regulation (EC) No 1524/2000, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97

(notified under document number C(2004) 4383)

(2004/776/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation),

Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (2), maintained by Council Regulation (EC) No 1524/2000 (3) (the extending Regulation),

Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (4) (the exemption Regulation), maintained by Regulation (EC) No 1524/2000, and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

| (1) | After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption of the anti-dumping duty as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the extended anti-dumping duty). The Commission has published in the Official Journal of the European Union successive lists of applicants (5) for which payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation. |
| --- | --- |

(1)

After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption of the anti-dumping duty as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the extended anti-dumping duty). The Commission has published in the Official Journal of the European Union successive lists of applicants (5) for which payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation.

| (2) | The Commission requested and received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. The information provided was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.
  TABLE 1








  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| VIVI’ Bikes SRL | Via Brescia 1, I-26010 Pozzaglio ed Uniti | Italy | A428 |
| Star Due SRL | Via De Gasperi 55, I-31010 Coste di Maser | Italy | A432 |
| Motomur SL | Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia | Spain | A436 |
| Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda | Vale do Grou, Aguada de Cima, P-3750-064 Águeda | Portugal | A445 |
| United Bicycles NV | Oude Bunders 2030, B-3630 Maasmechelen | Belgium | A467 |
| Sachs Fahrzeug- und Motorentechnik GmbH | Nopitschstraße 70, D-90441 Nürnberg | Germany | A485 |
| AGECE, Montagem e Comércio de Bicicletas SA | Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda | Portugal | A466 |
| Heinz Kettler GmbH & Co. KG | Postfach 1020, D-59463 Ense Parsit, |
| Hauptstraße 28, D-59469 Ense Parsit |

(2)

The Commission requested and received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. The information provided was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.

TABLE 1

Name

Address

Country

TARIC additional code

VIVI’ Bikes SRL

Via Brescia 1, I-26010 Pozzaglio ed Uniti

Italy

A428

Star Due SRL

Via De Gasperi 55, I-31010 Coste di Maser

Italy

A432

Motomur SL

Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia

Spain

A436

Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda

Vale do Grou, Aguada de Cima, P-3750-064 Águeda

Portugal

A445

United Bicycles NV

Oude Bunders 2030, B-3630 Maasmechelen

Belgium

A467

Sachs Fahrzeug- und Motorentechnik GmbH

Nopitschstraße 70, D-90441 Nürnberg

Germany

A485

AGECE, Montagem e Comércio de Bicicletas SA

Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda

Portugal

A466

Heinz Kettler GmbH & Co. KG

Postfach 1020, D-59463 Ense Parsit,

Hauptstraße 28, D-59469 Ense Parsit

Germany

A469

Open Space SRL

Via Guido Rossa 18/A, I-35020 Roncaglia de Ponte San Nicolo

Italy

A486

IMACycles, Acessoriórios para Bicicletas e Motociclos Lda

ZI Oiã, Apartado 117, P-3770-059 Oliveira do Bairro

Portugal

A487

Bicicletas de Castilla y León SL

Barrio Gimeno 5, E-09001 Burgos

Spain

A500

Giubilato Cicli SRL

Via Gaidon 3, I-36067 S. Giuseppe di Cassola

Italy

8604

| (3) | The facts as finally ascertained by the Commission show that for all these applicants’ bicycle assembly operations, the value of the parts originating in the People’s Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regulation. |
| --- | --- |

(3)

The facts as finally ascertained by the Commission show that for all these applicants’ bicycle assembly operations, the value of the parts originating in the People’s Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regulation.

| (4) | For the above reasons, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempted from the extended anti-dumping duty. |
| --- | --- |

(4)

For the above reasons, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempted from the extended anti-dumping duty.

| (5) | In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption. |
| --- | --- |

(5)

In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption.

| (6) | The parties listed in table 2 below also submitted requests for exemption from the extended anti-dumping duty.
  TABLE 2








  Name | City | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| Principia A/S | Fr. Raschsvej 15, DK-9400 Nørresundby | Denmark | A443 |
| Reece Cycles plc | 100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom | United Kingdom | A385 |

(6)

The parties listed in table 2 below also submitted requests for exemption from the extended anti-dumping duty.

TABLE 2

Name

City

Country

TARIC additional code

Principia A/S

Fr. Raschsvej 15, DK-9400 Nørresundby

Denmark

A443

Reece Cycles plc

100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom

United Kingdom

A385

With regard to these requests, it should be noted that:

| (a) | one party withdrew its request for exemption; |
| --- | --- |

(a)

one party withdrew its request for exemption;

| (b) | another party does not use the bicycle parts for the production or the assembly or completion of bicycles. |
| --- | --- |

(b)

another party does not use the bicycle parts for the production or the assembly or completion of bicycles.

| (7) | Since the parties listed in table 2 failed to meet the criteria for exemption set by Article 4 of the exemption Regulation, the Commission has to reject their requests for exemption, in accordance with Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty must be collected as from the date of receipt of the requests submitted by these parties. |
| --- | --- |

(7)

Since the parties listed in table 2 failed to meet the criteria for exemption set by Article 4 of the exemption Regulation, the Commission has to reject their requests for exemption, in accordance with Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty must be collected as from the date of receipt of the requests submitted by these parties.

| (8) | Following the adoption of this Decision, an updated list of parties exempted pursuant to Article 7 of the exemption Regulation and of parties whose requests pursuant to Article 3 of that Regulation are under examination should be published in the C series of the Official Journal of the European Union in accordance with Article 16(2) of that Regulation, |
| --- | --- |

(8)

Following the adoption of this Decision, an updated list of parties exempted pursuant to Article 7 of the exemption Regulation and of parties whose requests pursuant to Article 3 of that Regulation are under examination should be published in the C series of the Official Journal of the European Union in accordance with Article 16(2) of that Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The parties listed below in table 1 are hereby exempted from the extension to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 of the definitive anti-dumping duty imposed on bicycles originating in the People’s Republic of China by Regulation (EEC) No 2474/93, and as maintained by Regulation (EC) No 1524/2000.

The exemptions shall take effect in relation to each party as from the relevant date shown in the column headed ‘Date of effect’.

TABLE 1

List of parties to be exempted

| Name | Address | Country | Exemption pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| VIVI’ Bikes SRL | Via Brescia 1, I-26010 Pozzaglio ed Uniti | Italy | Article 7 | 22.1.2003 | A428 |
| Star Due SRL | Via De Gasperi 55, I-31010 Coste di Maser | Italy | Article 7 | 31.1.2003 | A432 |
| Motomur SL | Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia | Spain | Article 7 | 11.2.2003 | A436 |
| Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda | Vale do Grou, Aguada de Cima, P-3750-064 Águeda | Portugal | Article 7 | 13.5.2003 | A445 |
| United Bicycles NV | Oude Bunders 2030, B-3630 Maasmechelen | Belgium | Article 7 | 21.5.2003 | A467 |
| Sachs Fahrzeug- und Motorentechnik GmbH | Nopitschstraße 70, D-90441 Nürnberg | Germany | Article 7 | 4.6.2003 | A485 |
| AGECE, Montagem e Comércio de Bicicletas SA | Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda | Portugal | Article 7 | 10.6.2003 | A466 |
| Heinz Kettler GmbH & Co. KG | Postfach 1020, D-59463 Ense Parsit, |
| Hauptstraße 28, D-59469 Ense Parsit |

Name

Address

Country

Exemption pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

VIVI’ Bikes SRL

Via Brescia 1, I-26010 Pozzaglio ed Uniti

Italy

Article 7

22.1.2003

A428

Star Due SRL

Via De Gasperi 55, I-31010 Coste di Maser

Italy

Article 7

31.1.2003

A432

Motomur SL

Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia

Spain

Article 7

11.2.2003

A436

Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda

Vale do Grou, Aguada de Cima, P-3750-064 Águeda

Portugal

Article 7

13.5.2003

A445

United Bicycles NV

Oude Bunders 2030, B-3630 Maasmechelen

Belgium

Article 7

21.5.2003

A467

Sachs Fahrzeug- und Motorentechnik GmbH

Nopitschstraße 70, D-90441 Nürnberg

Germany

Article 7

4.6.2003

A485

AGECE, Montagem e Comércio de Bicicletas SA

Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda

Portugal

Article 7

10.6.2003

A466

Heinz Kettler GmbH & Co. KG

Postfach 1020, D-59463 Ense Parsit,

Hauptstraße 28, D-59469 Ense Parsit

Germany

Article 7

20.6.2003

A469

Open Space SRL

Via Guido Rossa 18/A, I-35020 Roncaglia de Ponte San Nicolo

Italy

Article 7

12.9.2003

A486

IMACycles, Acessoriórios para Bicicletas e Motociclos Lda

Z.I. Oiã, Apartado 117, P-3770-059 Oliveira do Bairro

Portugal

Article 7

25.9.2003

A487

Bicicletas de Castilla y León SL

Barrio Gimeno 5, E-09001 Burgos

Spain

Article 7

9.10.2003

A500

Giubilato Cicli SRL

Via Gaidon 3, I-36067 S. Giuseppe di Cassola

Italy

Article 7

27.11.2003

8604

Article 2

The requests for exemption from the extended anti-dumping duty made in accordance with Article 3 of Regulation (EC) No 88/97 by the parties listed below in table 2 are hereby rejected.

The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the parties concerned as from the relevant date shown in the column headed ‘Date of effect’.

TABLE 2

List of parties for which the suspension is to be lifted

| Name | City | Country | Suspension pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| Principia A/S | Fr. Raschsvej 15, DK-9400 Nørresundby | Denmark | Article 5 | 9.4.2003 | A443 |
| Reece Cycles plc | 100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom | United Kingdom | Article 5 | 10.10.2003 | A385 |

Name

City

Country

Suspension pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

Principia A/S

Fr. Raschsvej 15, DK-9400 Nørresundby

Denmark

Article 5

9.4.2003

A443

Reece Cycles plc

100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom

United Kingdom

Article 5

10.10.2003

A385

Article 3

This Decision is addressed to the Member States and to the parties listed in Article 1 and 2.

Done at Brussels, 18 November 2004.

For the Commission

Pascal LAMY

Member of the Commission

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 16, 18.1.1997, p. 55.

2

(3)  
  OJ L 175, 14.7.2000, p. 39.

3

(4)  
  OJ L 17, 21.1.1997, p. 17.

4

(5)  
  OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 43, 22.2.2003, p. 5 and OJ C 54, 2.3.2004 p. 3.

5

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Commission Administrative Commission of the European Communities on social security for migrant workers

| 19.11.2004 | EN | Official Journal of the European Union | L 343/28 |
| --- | --- | --- | --- |

19.11.2004

EN

Official Journal of the European Union

L 343/28

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DECISION No 197

of 23 March 2004

on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191

(Text of relevance to the EEA and to the EU/Switzerland Agreement)

(2004/777/EC)

THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under which it is responsible for dealing with any administrative question arising from Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Decision No 191 of 18 June 2003 on the replacement of forms E 111 and E 111B by the European Health Insurance Card (2),

Whereas:

| (1) | Pursuant to Article 1 of Decision No 191, the European Health Insurance Card will replace forms E 111 and E 111B from 1 June 2004. The E 111 and E 111B forms issued by the Member States’ competent institutions before 31 May 2004 will remain valid until 31 December 2004 at the latest. |
| --- | --- |

(1)

Pursuant to Article 1 of Decision No 191, the European Health Insurance Card will replace forms E 111 and E 111B from 1 June 2004. The E 111 and E 111B forms issued by the Member States’ competent institutions before 31 May 2004 will remain valid until 31 December 2004 at the latest.

| (2) | Pursuant to Article 5 of Decision No 191, the Member States which do not have a health insurance card at the time when the Decision is adopted may be granted a transitional period, which may not, however, extend beyond 31 December 2005. The Member States which fulfil this condition must inform the Administrative Commission before 1 December 2003 of their intention to claim such a period, specifying its duration. After 1 June 2004, the competent institutions of the Member States granted a transitional period will therefore continue to issue E 111 forms, the validity of which will expire at the end of the transitional period. The new Member States which fulfil the abovementioned condition must notify the Administrative Commission of their wish to be allowed a transitional period and specify its duration by 31 May 2004 at the latest. |
| --- | --- |

(2)

Pursuant to Article 5 of Decision No 191, the Member States which do not have a health insurance card at the time when the Decision is adopted may be granted a transitional period, which may not, however, extend beyond 31 December 2005. The Member States which fulfil this condition must inform the Administrative Commission before 1 December 2003 of their intention to claim such a period, specifying its duration. After 1 June 2004, the competent institutions of the Member States granted a transitional period will therefore continue to issue E 111 forms, the validity of which will expire at the end of the transitional period. The new Member States which fulfil the abovementioned condition must notify the Administrative Commission of their wish to be allowed a transitional period and specify its duration by 31 May 2004 at the latest.

| (3) | In order to ensure clear and transparent information for institutions and citizens, and to guarantee recognition of the E 111 forms that will continue to be issued after 1 June 2004 in certain Member States, a list must be drawn up of the Member States granted such a transitional period. However, as regards the new Member States and the EFTA countries this list can only be indicative as long as Decision No 191 does not apply there. |
| --- | --- |

(3)

In order to ensure clear and transparent information for institutions and citizens, and to guarantee recognition of the E 111 forms that will continue to be issued after 1 June 2004 in certain Member States, a list must be drawn up of the Member States granted such a transitional period. However, as regards the new Member States and the EFTA countries this list can only be indicative as long as Decision No 191 does not apply there.

| (4) | From 1 June 2004, the competent institutions of the Member States which do not have a transitional period may no longer issue forms E 111 or E 111B. Consequently, if the European card is introduced gradually, certain competent institutions of the Member States concerned will have to issue to insured persons a temporary replacement certificate if they are unable to issue European cards. However, all the competent institutions must be able to issue cards by 1 January 2006 at the latest. |
| --- | --- |

(4)

From 1 June 2004, the competent institutions of the Member States which do not have a transitional period may no longer issue forms E 111 or E 111B. Consequently, if the European card is introduced gradually, certain competent institutions of the Member States concerned will have to issue to insured persons a temporary replacement certificate if they are unable to issue European cards. However, all the competent institutions must be able to issue cards by 1 January 2006 at the latest.

| (5) | Throughout the transitional period the competent institutions of the Member States concerned will continue to issue E 111 forms to insured persons on the basis of the model set out in Decision No 198 of 23 March 2004, concerning the replacement and discontinuance of the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 of the Council (3). |
| --- | --- |

(5)

Throughout the transitional period the competent institutions of the Member States concerned will continue to issue E 111 forms to insured persons on the basis of the model set out in Decision No 198 of 23 March 2004, concerning the replacement and discontinuance of the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 of the Council (3).

| (6) | However, Member States, which have a transitional period, can choose to shorten the duration of this period. They must notify the Administrative Commission of their decision at the latest three months before the introduction of the first European Card. As a result of this notification, the Member State concerned, may no longer issue form E 111 from the date indicated in its notification to the Administrative Commission. |
| --- | --- |

(6)

However, Member States, which have a transitional period, can choose to shorten the duration of this period. They must notify the Administrative Commission of their decision at the latest three months before the introduction of the first European Card. As a result of this notification, the Member State concerned, may no longer issue form E 111 from the date indicated in its notification to the Administrative Commission.

| (7) | A decision of the EEA Joint Committee will define the arrangements for the use of the European Health Insurance Card in the European Economic Area. This decision will set out in particular the model of the cards issued by the competent institutions of Norway, Iceland and Liechtenstein. |
| --- | --- |

(7)

A decision of the EEA Joint Committee will define the arrangements for the use of the European Health Insurance Card in the European Economic Area. This decision will set out in particular the model of the cards issued by the competent institutions of Norway, Iceland and Liechtenstein.

| (8) | A decision of the Joint Committee for the Agreement on the free movement of persons between the European Community and its Member States and the Swiss Confederation will define the arrangements for the use of the European Health Insurance Card in relations between the Member States and Switzerland. This decision will set out in particular the model of the cards issued by the competent institutions of the Swiss Confederation, |
| --- | --- |

(8)

A decision of the Joint Committee for the Agreement on the free movement of persons between the European Community and its Member States and the Swiss Confederation will define the arrangements for the use of the European Health Insurance Card in relations between the Member States and Switzerland. This decision will set out in particular the model of the cards issued by the competent institutions of the Swiss Confederation,

HAS DECIDED AS FOLLOWS:

| 1. | The Member States included in the list annexed to this Decision may be granted a transitional period for the introduction of the European Health Insurance card from 1 June 2004.
  The competent institutions of these Member States shall continue to issue E 111 forms in accordance with the model laid down in Decision No 198 until the end of the transitional period.
  However, before the end of the transitional period, these Member States may choose to shorten the transitional period. The Member States shall notify the Administrative Commission, at the latest three months before the introduction of the first European Card. The Administrative Commission will amend the relevant annexes to this Decision in order to indicate the date on which the transitional period of the Member State concerned will end. |
| --- | --- |

1.

The competent institutions of these Member States shall continue to issue E 111 forms in accordance with the model laid down in Decision No 198 until the end of the transitional period.

However, before the end of the transitional period, these Member States may choose to shorten the transitional period. The Member States shall notify the Administrative Commission, at the latest three months before the introduction of the first European Card. The Administrative Commission will amend the relevant annexes to this Decision in order to indicate the date on which the transitional period of the Member State concerned will end.

| 2. | The competent institutions of the Member States which do not have a transitional period may no longer issue forms E 111 or E 111B as from 1 June 2004. The competent institutions of the Member States who do have a transitional period but have decided to shorten this period accordingly, paragraph 3 of point 1 of this Decision, may no longer issue form E 111 from the date indicated in its notification to the Administrative Commission.
  The institutions of these Member States shall issue a temporary replacement certificate to any insured person who cannot obtain a European card.
  If the competent institution is not able to issue a European Card, the mentions of field 8 and 9 of the temporary replacement form are optional. The absence of this mention shall not undermine the validity of the temporary replacement form. |
| --- | --- |

2.

The institutions of these Member States shall issue a temporary replacement certificate to any insured person who cannot obtain a European card.

If the competent institution is not able to issue a European Card, the mentions of field 8 and 9 of the temporary replacement form are optional. The absence of this mention shall not undermine the validity of the temporary replacement form.

| 3. | This Decision will be published in the Official Journal of the European Union. It will be applicable from 1 June 2004. |
| --- | --- |

3.

The Chairman of the Administrative Commission

Tim QUIRKE

---

(1)  
  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

1

(2)  
  OJ L 276, 27.10.2003, p. 19.

2

(3)  
  OJ L 259, 5.8.2004, p. 1.

3

---

ANNEX I

List of Member States allowed a transitional period

| Member State | Transitional period until |
| --- | --- |
| Austria | 31 December 2005 |
| Italy | 31 October 2004 |
| Netherlands | 31 December 2005 |
| Portugal | 28 February 2005 |
| United Kingdom | 31 December 2005 |

Member State

Transitional period until

Austria

31 December 2005

Italy

31 October 2004

Netherlands

31 December 2005

Portugal

28 February 2005

United Kingdom

31 December 2005

---

ANNEX II

Indicative list of the new Member States which might be allowed a transitional period

| New Member State | Transitional period until |
| --- | --- |
| Latvia | 31 July 2005 |
| Lithuania | 1 July 2005 |
| Malta | 31 December 2005 |
| Poland | 31 December 2005 |
| Slovakia | 31 December 2005 |
| Cyprus | 31 December 2005 |
| Hungary | 31 December 2005 |

New Member State

Transitional period until

Latvia

31 July 2005

Lithuania

1 July 2005

Malta

31 December 2005

Poland

31 December 2005

Slovakia

31 December 2005

Cyprus

31 December 2005

Hungary

31 December 2005

---

ANNEX III

Provisional list of the EFTA countries which might be allowed a transitional period (subject to the Decision of the EEA Joint Committee)

| EFTA member country | Transitional period until |
| --- | --- |
| Iceland | 31 December 2005 |
| Switzerland | 31 December 2005 |
| Liechtenstein | 31 December 2005 |

EFTA member country

Transitional period until

Iceland

31 December 2005

Switzerland

31 December 2005

Liechtenstein

31 December 2005

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19.11.2004

| 19.11.2004 | EN | Official Journal of the European Union | L 343/s3 |
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EN

Official Journal of the European Union

L 343/s3

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1 November 2004 — New version of EUR-Lex!

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

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

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