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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 2090/2004

of 8 December 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:

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 9 December 2004.

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

Done at Brussels, 8 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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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).

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ANNEX

to Commission Regulation of 8 December 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

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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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            COMMISSION REGULATION (EC) No 2091/2004

of 6 December 2004         

prohibiting fishing for common sole by vessels flying the flag of France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Catches of common sole in the waters of ICES subarea VII b and c by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 2004.

Fishing for common sole in the waters of ICES subarea VII b and c by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.

Article 2

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

It shall apply from 23 October 2004.

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

Done at Brussels, 6 December 2004.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries

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

(2)OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regulation (EC) No 1691/2004 (OJ L 305, 1.10.2004, p. 3).

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            COMMISSION REGULATION (EC) No 2092/2004

of 8 December 2004         

laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the first subparagraph of Article 32(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   A Community duty-free import tariff quota for dried boneless meat of bovine animals falling within CN code ex 0210 20 90 and originating in Switzerland is hereby opened on a pluriannual basis for an annual volume of 1 200 tonnes for periods from 1 January to 31 December (hereinafter the quota).

The order number of the quota shall be 09.4202.

2.   The rules of origin applicable to the products referred to in paragraph 1 shall be those provided for in Article 4 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

3.   For the purposes of this Regulation, dried boneless meat shall mean cuts of meat from haunches of bovine animals aged at least 18 months, with no visible intramuscular fat (3 to 7 %) and a pH of the fresh meat between 5,4 and 6,0; salted, seasoned, pressed, dried only in fresh dry air and developing noble mould (bloom of microscopic fungi). The weight of the finished product is between 41 % and 53 % of the raw material before salting.

Article 2

1.   Imports of the quantities set out in Article 1(1) shall be subject to presentation, on release for free circulation, of an import licence.

2.   The original of the certificate of authenticity drawn up in accordance with Article 3 plus a copy thereof shall be presented to the competent authority together with the application for the first import licence relating to the certificate of authenticity.

The original of the certificate of authenticity shall be kept by that authority.

3.   A certificate of authenticity may be used for the issuing of more than one import licence for quantities not exceeding that shown on the certificate. Where more than one licence is issued in respect of a certificate, the competent authority shall endorse the certificate of authenticity to show the quantity attributed.

4.   The competent authorities may issue import licences only after they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission on the subject. The licences shall be issued immediately thereafter.

However, the competent authorities may, in exceptional cases and on duly reasoned application, issue import licences on the basis of the relevant certificates of authenticity before the information from the Commission is received. In such cases, the security for the import licences shall be equal to the amount corresponding to the full customs duty under the common customs tariff. After having received the information relating to the certificate, Member States shall replace this security with that referred to in Article 4 of Regulation (EC) No 1445/1995.

5.   Section 20 of the licence applications and of the licences themselves shall show one of the endorsements listed in Annex I.

Article 3

1.   The certificates of authenticity referred to in Article 2 shall be made out in one original and two copies, to be printed and completed in one of the official languages of the Community, in accordance with the model in Annex II. It may also be printed and completed in the official language or one of the official languages of the exporting country.

The competent authorities of the Member State in which the import licence application is submitted may require a translation of the certificate to be provided.

2.   The certificate forms shall measure 210 × 297 mm. The paper used shall weigh not less than 40 g/m2. The original shall be white, the first copy pink and the second copy yellow.

3.   The original of the certificate and copies thereof may be typed or handwritten. In the latter case, they must be completed in black ink and in block capitals.

4.   Each certificate shall have its own individual serial number followed by the name of the issuing country.

The copies shall bear the same serial number and the same name as the original.

5.   The definition of dried boneless meat provided for in Article 1(3) shall be clearly laid down in the certificate.

6.   Certificates shall be valid only if they are duly endorsed by an issuing authority listed in Annex III.

Certificates shall be deemed to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

Article 4

1.   The issuing authorities listed in Annex III must:

2.   The list in Annex III may be revised by the Commission where the requirement referred to in paragraph 1(a) of this Article is no longer met or where the issuing authority fails to fulfil any of the obligations incumbent on it.

Article 5

Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue. However, their term of validity shall expire on 31 December following the date of issue.

Article 6

The provisions of Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply subject to the provisions of this Regulation.

Article 7

The authorities of the exporting countries shall communicate to the Commission specimens of the stamp imprints used by their issuing authorities and the names and signatures of the persons empowered to sign certificates of authenticity. Any subsequent changes of stamps or names shall equally be notified to the Commission as soon as possible. The Commission shall communicate this information to the competent authorities of the Member States.

Article 8

Regulation (EC) No 2424/1999 is repealed.

Article 9

This Regulation shall enter into force on the seventh day following that of 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, 8 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(2)OJ L 114, 30.4.2002, p. 132.

(3)OJ L 114, 30.4.2002, p. 352.

(4)OJ L 294, 16.11.1999, p. 13. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(5)OJ L 23, 28.1.2004, p. 27.

(6)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

(7)OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regulation (EC) No 1118/2004.

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ANNEX I

Endorsements referred to in Article 2(5)

—   in Spanish: Carne de vacuno seca deshuesada — Reglamento (CE) no 2092/2004

—   in Czech: Vykostěné sušené hovězí maso – směrnice (ES) č. 2092/2004

—   in Danish: Tørret udbenet oksekød — forordning (EF) nr. 2092/2004

—   in German: Entbeintes, getrocknetes Rindfleisch — Verordnung (EG) Nr. 2092/2004

—   in Estonian: Kuivatatud kondita veiseliha – määrus (EÜ) nr 2092/2004

—   in Greek: Αποξηραμένο βόειο κρέας χωρίς κόκαλα — Κανονισμός (ΕΚ) αριθ. 2092/2004

—   In English: Dried boneless beef — Regulation (EC) No 2092/2004

—   In French: Viande bovine séchée désossée — Règlement (CE) no 2092/2004

—   In Italian: Carni bovine disossate ed essiccate — regolamento (CE) n. 2092/2004

—   In Latvian: Žāvēta atkaulota liellopu gaļa – Regula (EK) Nr. 2092/2004

—   in Lithuanian: Džiovinta jautiena be kaulų – Reglamentas (EB) Nr. 2092/2004

—   in Hungarian: Szárított, kicsontozott marhahús – 2092/2004/EK rendelet

—   in Dutch: Gedroogd rundvlees zonder been — Verordening (EG) nr. 2092/2004

—   in Polish: Suszone mięso wołowe bez kości — Rozporządzenie (WE) nr 2092/2004

—   in Portuguese: Carne de bovino seca desossada — Regulamento (CE) n.o 2092/2004

—   in Slovak: Vykostené, sušené hovädzie mäso – Nariadenie (ES) č. 2092/2004

—   in Slovenian: Posušeno goveje meso brez kosti – Uredba (ES) št. 2092/2004

—   in Finnish: Kuivattua luutonta naudanlihaa – asetus (EY) N:o 2092/2004

—   in Swedish: Torkat benfritt nötkött – förordning (EG) nr 2092/2004

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ANNEX II
Text of image
1. Consignor (full name and address)CERTIFICATE No 0000 ORIGINAL EXPORTING COUNTRY:2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of dried boneless meat of bovine animals (application of Regulation (EC) No 2092/2004)Notes A. This certificate shall be prepared in one original and two copiesB. The original and its two copies shall be typewritten or completed by hand; in the latter case, they must be completed in block letters in ink.C. Health Certificate (form M-9303) No3. Marks, numbers, number and nature of packages, description of goods4. Combined Nomenclature subheading5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above, correspond exactly to the origin and definition contained in Article 1(2) and (3) of Commission Regulation (EC) No 2092/2004 laying down detailed rules of application for an import tariff quota of dried boneless meat beef originating in Switzerland.9. Authorised issuing bodyPlace Date (Stamp of issuing body) (signature)

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ANNEX III

List of authorities in exporting countries empowered to issue certificate of authenticity

SWITZERLAND:

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            COMMISSION REGULATION (EC) No 2093/2004

of 8 December 2004         

determining the quantity of certain products in the milk and milk products sector available for the first half of 2005 under quotas opened by the Community on the basis of an import licence alone

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The quantities available for the period 1 January to 30 June 2005 for the second half of the year of importation of certain quotas referred to in Regulation (EC) No 2535/2001 shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 9 December 2004.

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

Done at Brussels, 8 December 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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

(2)OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 810/2004 (OJ L 149, 30.4.2004), corrected by OJ L 215, 16.6.2004, p. 104).

(3)OJ L 250, 24.7.2004, p. 3. Regulation as amended by Regulation (EC) No 1503/2004 (OJ L 275, 25.8.2004, p. 14).

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ANNEX I.A

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ANNEX I.B

5.   Products originating in Roumania

6.   Products originating in Bulgaria

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ANNEX I.F

Products originating from Switzerland

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ANNEX I.H

Products originating in Norway

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            COMMISSION REGULATION (EC) No 2094/2004

of 8 December 2004         

opening and providing for the administration of a tariff quota of 10 000 tonnes of oat grains otherwise worked falling within CN code 1104 22 98         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quota in the Annex is hereby opened for each marketing year running from 1 July to 30 June.

Article 2

The tariff quota referred to in Article 1 shall be managed by the Commission in accordance with the Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

Imports of oat grains under the tariff quota referred to in Article 1 shall not require the submission of an import licence.

Article 4

Regulation (EC) No 2369/96 is hereby repealed.

Article 5

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

It shall apply from 1 July 2005.

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

Done at Brussels, 8 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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

(2)OJ L 323, 13.12.1996, p. 8. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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

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ANNEX

Tariff quota with a quota period running from 1 July to 30 June

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(1)  Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential treatment being determined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation.

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            COMMISSION REGULATION (EC) No 2095/2004

of 8 December 2004         

amending Regulation (EC) No 581/2004 opening a standing invitation to tender for exports refunds concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3)(b) and (14) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(1) of Regulation (EC) No 581/2004, is replaced by the following:

‘1.   A permanent tender is opened in order to determine the export refund on the following types of butter referred to in Section 9 of Annex I to Commission Regulation (EEC) No 3846/87 (*1):

The products referred to in the first subparagraph are intended for export to the following destinations:

Article 2

Article 1(1) of Regulation (EC) No 582/2004 is replaced by the following:

‘1.   A permanent tender is opened in order to determine the export refund on skimmed milk powder referred to in Section 9 of Annex I to Commission Regulation (EEC) No 3846/87 (*) in bags of at least 25 kilograms net weight and containing no more than 0,5 % by weight of added non-lactic matter falling under product code ex ex 0402 10 19 9000, intended for export to all destinations except Andorra, Bulgaria, Gibraltar, the United States of America and Vatican City.’

Article 3

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

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

Done at Brussels, 8 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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

(2)OJ L 90, 27.3.2004, p. 64. Regulation as last amended by Regulation 810/2004 (OJ L 149, 30.4.2004, p. 138).

(3)OJ L 90, 27.3.2004, p. 67. Regulation as last amended by Regulation (EC) No 810/2004.

(4)  Not yet published in the Official Journal.

(5)OJ L 90, 27.3.2004, p. 58.

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Information regarding the date from which Article 1(34) and (35) of Council Regulation (EC) No 422/2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply

Article 1(34) and (35) of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply from the date of entry into force of Commission Regulation (EC) No 2082/2004 of 6 December 2004          (1) amending Regulation (EC) No 216/96 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs).

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(1)OJ L 360, 7.12.2004, p. 8.

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 7 April 2004         

relating to a proceeding pursuant to Article 81 of the EC Treaty concerning case COMP/A.38284/D2

Société Air France/Alitalia Linee Aeree Italiane SpA (1)

(notified under document number C(2004) 1307)

(Only the English text is authentic)

(2004/841/EC)

On 7 April 2004, the Commission adopted a decision which grants an individual exemption under Article 81 (3) of the Treaty to a cooperation agreement between Air France and Alitalia.

A public version of this decision is available in English, French and German (only the English text is authentic) on DG COMP's website at http://europa.eu.int/comm/competition/index_en.html

1.   SUMMARY OF THE PROCEEDINGS

2.   THE COOPERATION AGREEMENT

3.   ASSESSMENT

4.   COMMITMENTS

Number of slots to be surrendered

Slot releases at Paris and Milan airports

Other remedies

5.   CONCLUSION

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(1)  Report for the hearing published in OJ C 305, 9.12.2004.

(2)  Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition in the air transport sector (OJ L 374, 31.12.1987, p. 1). Regulation as last amended by Regulation (EC) No 1/2003 (OJ L 1, 4.1.2003, p. 1).

(3)OJ C 111, 8.5.2002, p. 7.

(4)OJ C 297, 9.12.2003, p. 10.

(5)  This decision is therefore without prejudice to any further competition assessment of these aspects under Article 81 of the Treaty.

(6)  To establish the relevant market in air transport, the Commission has developed the point-of-origin/ point-of-destination (O & D) pair approach. According to this approach, every combination of point-of-origin and point-of-destination should be considered to be a separate market from the customer's point of view.

(7)  There is one exception for this second category of passengers on the Milan–Lyon city-pair, in view of the constraining effects of existing competition from other transport modes (road transport).

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            COMMISSION DECISION         

of 1 December 2004         

concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted

(notified under document number C(2004) 4493)

(Text with EEA relevance)

(2004/842/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 4a(2) thereof,

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (2), and in particular Article 4a(2) thereof,

Having regard to Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (3), and in particular Article 6(2) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (4), and in particular Article 23(2) thereof,

Having regard to Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (5), and in particular Article 6(2) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (6), and in particular Article 6(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

CHAPTER I

General provision

Article 1

Subject matter

The purpose of this Decision is to lay down the rules whereby a Member State may grant an authorisation to place on the market:

CHAPTER II

Agricultural plant species

Article 2

Authorisation

1.   For agricultural plant species covered by Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/56/EC and 2002/57/EC, Member States may authorise producers established in their own territory to place on the market seed belonging to a variety for which an application for entry in the national catalogue of varieties of agricultural plant species (the national catalogue) has been submitted to the Member State in question, subject to compliance with Articles 3 to 18 of this Decision.

2.   Member States shall ensure that when an authorisation has been granted in accordance with this Decision, the authorisation holder shall comply with any condition or restriction attached to such authorisation.

Article 3

Application

1.   The authorisation may be requested by the person who has duly submitted an application for entry of the varieties concerned in the catalogue of the Member State in question (hereafter called the applicant, which includes the representative of such a person, provided the representative has been officially delegated).

2.   The applicant shall submit the following information:

Article 4

Purpose

Authorisations shall only be granted for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of the variety.

Article 5

Technical conditions

1.   Fodder plant seed shall comply with the conditions laid down in Annexes I and II to Directive 66/401/EEC for:

2.   Cereal seed shall comply with the conditions laid down in Annexes I and II to Directive 66/402/EEC for:

3.   Beet seed shall comply with the conditions laid down in Annex I to Directive 2002/54/EC for certified seed.

4.   Seed potatoes shall comply with the conditions laid down in Annexes I and II to Directive 2002/56/EC for certified seed potatoes.

5.   Seed of oil and fibre plants shall comply with the conditions laid down in Annexes I and II to Directive 2002/57/EC for:

Article 6

Examination

1.   Compliance with the conditions referred to in Article 5 shall be assessed:

2.   For the assessment of compliance with the conditions concerning varietal identity and varietal purity, the description of the variety as supplied by the applicant, or where applicable the provisional description of the variety based on the results of the official examination of distinctness, stability and uniformity of the variety, as provided for in Article 7 of Directive 2002/53/EC, shall be used.

3.   Examination shall be carried out in accordance with current international methods, in so far as such methods exist.

4.   For the examination, samples shall be drawn officially or under official supervision or, in the case of seed potatoes, officially in accordance with appropriate methods.

5.   Samples shall be drawn from homogeneous lots.

6.   The maximum weight of a lot and the minimum weight of a sample are given in:

Article 7

Quantities

The quantities authorised for each variety shall not exceed the following percentages of seed of the same species utilised yearly in the Member State(s) for which the seed is intended:

However, if such quantities are not sufficient to sow 10 ha per Member State for which the seed is intended, the quantity needed for such an area may be authorised.

Article 8

Packages and sealing

Seed may be marketed only in closed packages or containers bearing a sealing device. Seed packages and containers shall be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the official label provided for in Article 9 or on the package. In order to ensure sealing, the sealing system shall comprise at least either the official label or the affixing of an official seal.

In the case of seed potatoes, the packages shall be new and the container shall be clean.

Article 9

Labelling

1.   The seed packages shall bear an official label in one of the official languages of the Community.

2.   The label provided for in paragraph 1 shall include the following information:

3.   The label provided for in paragraph 1 shall be orange.

Article 10

Chemical treatment

Any chemical treatment shall be noted either on the official label provided for in Article 9, or on a supplier’s label and on the package, or inside it, or on the container.

Article 11

Time period

Without prejudice to Articles 13 and 14, authorisations granted in accordance with the provisions of this Decision shall be valid for a period not exceeding one year and shall be renewable in accordance with Article 12.

Article 12

Renewal of authorisations

1.   Without prejudice to Articles 13 and 14, authorisations referred to in Article 2 shall be renewable for periods not exceeding one year each.

2.   The application shall be accompanied by the following documents:

Article 13

Cessation of validity

Authorisations shall cease to be valid if the application for entry in the national catalogue is withdrawn or rejected, or the variety is entered in the catalogue.

Article 14

Safeguard

Notwithstanding an authorisation granted under Article 2, a Member State may prohibit the use of the variety in all or in part of its territory or lays down appropriate conditions for cultivating the variety in accordance, in cases provided for in subparagraph (c), with the conditions for using the products resulting from such cultivation:

Article 15

Reporting obligations

1.   Following the grant of the authorisation, the authorising Member State may require the authorised person to report:

2.   The information provided for in point (b) of paragraph 1 shall be treated as confidential.

Article 16

Maintenance checks

The authorising Member State may check maintenance of the variety.

Where maintenance takes place in a Member State other than the authorising Member State, the Member States shall assist each other administratively as regards the necessary checks.

A Member State may accept maintenance in a third country, provided that it has been decided under Article 22(1)(b) of Directive 2002/53/EC that the checks on practices for the maintenance afford the same assurances as those carried out by the Member States.

Article 17

Notification

Member States shall notify each other and the Commission of the following:

Article 18

Exchange of information

Member States shall use the existing computerised information exchange systems to facilitate the exchange of information as regards the connection with the application for acceptance of varieties into the national catalogues and the authorisation for seed of varieties not yet listed.

Article 19

Publication of a list of varieties

The Commission may, on the basis of the information supplied by the Member States, publish a list of varieties that have been authorised.

CHAPTER III

Vegetable species

Article 20

Authorisation

1.   For vegetable species covered by Directive 2002/55/EC, Member States may authorise breeders established on their own territory to place on the market seed belonging to a variety for which an application for inclusion in a national catalogue of varieties of vegetable species (the national catalogue) has been submitted in at least one Member State and for which specific technical information has been submitted in the Member State(s) in question, subject to compliance with Articles 21 to 37 of this Decision.

2.   Member States shall ensure that when an authorisation has been granted in accordance with this Decision, the authorisation holder shall comply with any condition or restrictions attached to such authorisation.

Article 21

Application

1.   The authorisation may be requested by the person who has duly submitted an application for entry of the varieties concerned in the catalogue of at least one Member State (hereafter called ‘the applicant’ which includes the representative of such a person, provided that the representative has been officially delegated).

2.   The applicant shall submit the following information:

Article 22

Purpose

The authorisation shall only be granted for the purpose of gaining knowledge from practical experience during cultivation.

Article 23

Technical conditions

Vegetable seed shall comply with the conditions laid down in Annex II to Directive 2002/55/EC.

Article 24

Examination

1.   Vegetable seed shall be subject to official post-control by check inspection to verify its varietal identity and varietal purity on the basis of the description of the variety as supplied by the applicant, or where available the provisional description of the variety based on the results of the official examination of distinctness, stability and uniformity of the variety as provided for in Article 7 of Directive 2002/55/EC.

2.   Samples shall be drawn from homogeneous lots.

3.   The maximum weight of a lot and the minimum weight of a sample are given in Annex III to Directive 2002/55/EC.

Article 25

Genetically modified varieties

In the case of a genetically modified variety, the authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. The genetically modified material must either be authorised under Directive 2001/18/EC of the European Parliament and of the Council (8), or be authorised under Regulation (EC) No 1829/2003.

Article 26

Supplier

The persons responsible for affixing the label or printing or stamping notice on the packages shall:

The operations referred to in points (b) and (c) shall be subject to official checks carried out on a random basis.

Article 27

Packages and sealing

Seed may be marketed only in closed packages bearing a sealing device. Seed packages shall be sealed in such a manner that they cannot be opened without damaging the sealing device or leaving evidence of tampering either on the label provided for in Article 28 or on the package.

Article 28

Labelling

1.   The seed packages shall bear a supplier’s label or a printed or stamped notice in one of the official languages of the Community.

2.   The label provided for in paragraph 1 shall include the following information:

3.   The label provided for in paragraph 1 shall be orange.

Article 29

Chemical treatment

Any chemical treatment shall be noted either on the label provided for in Article 28 and on the package or inside it.

Article 30

Time period

Without prejudice to Articles 32 and 33, authorisations granted in accordance with the provisions of this Decision shall be valid for a period not exceeding one year and shall be renewable in accordance with Article 31.

Article 31

Renewal of authorisations

1.   Without prejudice to Articles 32 and 33, authorisations referred to in Article 20 shall be renewable, maximum twice for a period not exceeding one year each.

2.   The application shall be accompanied by the following documents:

Article 32

Cessation of validity

Authorisations shall cease to be valid, if the application for entry in the national catalogue is withdrawn or rejected, or the variety is entered in the catalogue.

Article 33

Safeguard

Notwithstanding an authorisation granted under Article 20 a Member State may be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety in accordance, in cases provided for in paragraph (b), with the conditions for using the products resulting from such cultivation:

Article 34

Reporting obligations

1.   Following the grant of the authorisation, the authorising Member State may require the authorised person to report:

2.   The information provided for in point (b) of paragraph 1 shall be treated as confidential.

Article 35

Maintenance checks

The authorising Member State may check maintenance of the variety.

Where maintenance takes place in a Member State other than the authorising Member State, the Member States shall assist each other administratively as regards the necessary checks.

A Member State may accept maintenance in a third country, provided that it has been decided under Article 37(1)(b) of Directive 2002/55/EC that the checks on practices for the maintenance afford the same assurances as those carried out by the Member States.

Article 36

Notification

Member States shall notify each other and the Commission of the following:

Article 37

Exchange of information

Member States shall use the existing computerised information exchange systems to facilitate the exchange of information as regards the connection with the application for acceptance of varieties into the national catalogues and the authorisation for seed of varieties not yet listed.

Article 38

Publication of a list of varieties

The Commission may, on the basis of the information supplied by the Member States, publish a list of varieties that have been authorised.

CHAPTER IV

Article 39

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 1 December 2004.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Commission Directive 2004/55/EC (OJ L 114, 21.4.2004, p. 18).

(2)OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(3)OJ L 193, 20.7.2002, p. 12. Directive as amended by Directive 2003/61/EC.

(4)OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

(5)OJ L 193, 20.7.2002, p. 60. Directive as last amended by Directive 2003/61/EC.

(6)OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2003/61/EC.

(7)OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council.

(8)OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

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Acts adopted under Title V of the Treaty on European Union

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            COUNCIL DECISION 2004/843/CFSP

of 26 July 2004         

concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on security procedures for the exchange of classified information

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Kingdom of Norway on security procedures for the exchange of classified information are hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.

Article 3

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

Article 4

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

Done at Brussels, 26 July 2004.

For the Council

The President

B. R. BOT            

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            AGREEMENT         

between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information

THE KINGDOM OF NORWAY,

of the one part, and

THE EUROPEAN UNION,

hereafter the EU, represented by the Presidency of the Council of the European Union

of the other part,

hereinafter referred to as the Parties,

CONSIDERING THAT the Kingdom of Norway and the EU share the objectives to strengthen their own security in all ways and to provide their citizens with a high level of safety within an area of security;

CONSIDERING THAT the Kingdom of Norway and the EU agree that consultations and cooperation should be developed between them on questions of common interest relating to security;

CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Kingdom of Norway and the EU;

RECOGNISING THAT full and effective consultation and cooperation may require access to Norway and EU classified information and material, as well as the exchange of classified information and related material between the Kingdom of Norway and the EU;

CONSCIOUS THAT such access to, and exchange of, classified information and related material require appropriate security measures,

HAVE AGREED AS FOLLOWS:

Article 1

In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, this Agreement shall apply to classified information or material in any form either provided or exchanged between the Parties.

Article 2

For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification (hereafter classified information).

Article 3

For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereafter Council), the Secretary General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter European Commission).

Article 4

Each Party shall:

Article 5

1.   Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party, ‘the providing Party’, to the other Party, ‘the receiving Party’.

2.   For release to recipients other than the Parties to this Agreement, a decision on disclosure or release of classified information shall be made by the receiving Party following the consent of the providing Party, in accordance with the principle of originator control as defined in its security regulations.

3.   In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information, relevant to their operational requirements.

Article 6

Each of the Parties, and entities thereof as defined in Article 3, shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to Articles 11 and 12, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.

Article 7

1.   The Parties shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security cleared before they are granted access to such information.

2.   The security clearance procedures shall be designed to determine whether an individual can, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.

Article 8

The parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities as defined in Article 11 to assess the effectiveness of the Security Arrangements within their respective responsibility to be established pursuant to Articles 11 and 12.

Article 9

1.   For the purpose of this Agreement:

2.   Exceptionally, correspondence from one Party which is only accessible to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and only be accessible to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.

Article 10

The Norwegian Ministry of Defence and the Secretaries-General of the Council and of the European Commission shall oversee the implementation of this Agreement.

Article 11

In order to implement this Agreement:

Article 12

The Security Arrangements to be established pursuant to Article 11 in agreement between the three Offices concerned will lay down the standards of the reciprocal security protection for classified information subject to this Agreement. For the EU, these standards shall be subject to approval by the Council Security Committee.

Article 13

The authorities defined in Article 11 shall establish procedures to be followed in the case of proven or suspected compromise of classified information subject to this Agreement.

Article 14

Prior to the provision of classified information subject to this Agreement between the Parties, the responsible security authorities defined in Article 11 must agree that the receiving Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to Articles 11 and 12.

Article 15

This Agreement shall in no way prevent the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.

Article 16

All differences between the EU and the Kingdom of Norway arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between the Parties.

Article 17

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.

3.   Any amendment to this Agreement shall only be made in writing and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.

Article 18

This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.

IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.

Done at Brussels, this day of 22 November 2004 in two copies each in the English language.

For the Kingdom of Norway

For the European Union

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