# Official Journal L 253/29 S

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 253 |
| | |
| English edition | Legislation | Volume 4829 September 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 253

English edition

Legislation

Volume 4829 September 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1571/2005 of 28 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1572/2005 of 28 September 2005 opening a standing invitation to tender for the resale on the Spanish market of rye held by the German intervention agency | 3 |
| | * | Commission Regulation (EC) No 1573/2005 of 28 September 2005 opening a standing invitation to tender for the resale on the Community market of rye held by the German intervention agency for processing into bioethanol and its subsequent use for the production of biofuel in the Community | 6 |
| | * | Commission Regulation (EC) No 1574/2005 of 28 September 2005 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds | 11 |
| | | Commission Regulation (EC) No 1575/2005 of 28 September 2005 fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, table grapes, apples and peaches) | 16 |
| | | Commission Regulation (EC) No 1576/2005 of 28 September 2005 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year | 18 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1571/2005 of 28 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1572/2005 of 28 September 2005 opening a standing invitation to tender for the resale on the Spanish market of rye held by the German intervention agency

3

*

Commission Regulation (EC) No 1573/2005 of 28 September 2005 opening a standing invitation to tender for the resale on the Community market of rye held by the German intervention agency for processing into bioethanol and its subsequent use for the production of biofuel in the Community

6

*

Commission Regulation (EC) No 1574/2005 of 28 September 2005 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

11

Commission Regulation (EC) No 1575/2005 of 28 September 2005 fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, table grapes, apples and peaches)

16

Commission Regulation (EC) No 1576/2005 of 28 September 2005 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

18

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Council |
| | * | Information concerning the date of entry into force of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union | 20 |
| | | Commission |
| | * | Commission Decision of 22 June 2005 relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement (Case COMP/A.39.116/B2 — Coca-Cola)
  (notified under document number C(2005) 1829)

   (
  1
  ) | 21 |

II   Acts whose publication is not obligatory

Council

*

Information concerning the date of entry into force of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

20

Commission

*

Commission Decision of 22 June 2005 relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement (Case COMP/A.39.116/B2 — Coca-Cola)
  (notified under document number C(2005) 1829)

   (
  1
  )

(notified under document number C(2005) 1829)

1

21

| | | Acts adopted under Title VI of the Treaty on European Union |
| --- | --- | --- |
| | * | Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences | 22 |

Acts adopted under Title VI of the Treaty on European Union

*

Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences

22

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

I Acts whose publication is obligatory

| 29.9.2005 | EN | Official Journal of the European Union | L 253/1 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/1

---

COMMISSION REGULATION (EC) No 1571/2005

of 28 September 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 29 September 2005.

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

Done at Brussels, 28 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

---

ANNEX

to Commission Regulation of 28 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 29,5 |
| 096 | 29,4 |
| 204 | 40,8 |
| 999 | 33,2 |
| 0707 00 05 | 052 | 97,0 |
| 999 | 97,0 |
| 0709 90 70 | 052 | 64,1 |
| 999 | 64,1 |
| 0805 50 10 | 052 | 65,0 |
| 382 | 63,8 |
| 388 | 67,7 |
| 524 | 62,6 |
| 528 | 60,6 |
| 999 | 63,9 |
| 0806 10 10 | 052 | 77,3 |
| 096 | 52,6 |
| 220 | 86,5 |
| 624 | 181,7 |
| 999 | 99,5 |
| 0808 10 80 | 388 | 84,1 |
| 400 | 88,6 |
| 508 | 31,4 |
| 512 | 86,3 |
| 528 | 46,8 |
| 800 | 143,1 |
| 804 | 80,1 |
| 999 | 80,1 |
| 0808 20 50 | 052 | 89,6 |
| 388 | 69,4 |
| 720 | 75,4 |
| 999 | 78,1 |
| 0809 30 10 , 0809 30 90 | 052 | 89,7 |
| 624 | 73,7 |
| 999 | 81,7 |
| 0809 40 05 | 052 | 68,5 |
| 066 | 64,4 |
| 388 | 18,0 |
| 508 | 24,5 |
| 624 | 110,9 |
| 999 | 57,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

29,5

096

29,4

204

40,8

999

33,2

0707 00 05

052

97,0

999

97,0

0709 90 70

052

64,1

999

64,1

0805 50 10

052

65,0

382

63,8

388

67,7

524

62,6

528

60,6

999

63,9

0806 10 10

052

77,3

096

52,6

220

86,5

624

181,7

999

99,5

0808 10 80

388

84,1

400

88,6

508

31,4

512

86,3

528

46,8

800

143,1

804

80,1

999

80,1

0808 20 50

052

89,6

388

69,4

720

75,4

999

78,1

0809 30 10 , 0809 30 90

052

89,7

624

73,7

999

81,7

0809 40 05

052

68,5

066

64,4

388

18,0

508

24,5

624

110,9

999

57,3

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 29.9.2005 | EN | Official Journal of the European Union | L 253/3 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/3

---

COMMISSION REGULATION (EC) No 1572/2005

of 28 September 2005

opening a standing invitation to tender for the resale on the Spanish market of rye held by the German intervention agency

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 6 thereof,

Whereas:

| (1) | Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance. |
| --- | --- |

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.

| (2) | Because of the difficult weather conditions in much of Spain, cereals production will be significantly reduced in the 2005/06 marketing year. This situation has already resulted in high local prices, causing supply difficulties at competitive prices. |
| --- | --- |

(2)

Because of the difficult weather conditions in much of Spain, cereals production will be significantly reduced in the 2005/06 marketing year. This situation has already resulted in high local prices, causing supply difficulties at competitive prices.

| (3) | Germany has significant intervention stocks of rye, outlets for which are hard to find and which should therefore be disposed of. |
| --- | --- |

(3)

Germany has significant intervention stocks of rye, outlets for which are hard to find and which should therefore be disposed of.

| (4) | The stocks of rye held by the German intervention agency should therefore be made available on the Spanish cereals market as they are particularly suited to the traders’ needs. |
| --- | --- |

(4)

The stocks of rye held by the German intervention agency should therefore be made available on the Spanish cereals market as they are particularly suited to the traders’ needs.

| (5) | To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price. |
| --- | --- |

(5)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

| (6) | It is also important that the German intervention agency’s notification to the Commission should maintain the anonymity of the tenderers. |
| --- | --- |

(6)

It is also important that the German intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.

| (7) | With a view to modernising management, the information required by the Commission should be sent by electronic mail. |
| --- | --- |

(7)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   The German intervention agency shall open a standing invitation to tender for the sale on the internal Community market of 500 000 tonnes of rye held by it.

2.   These sales are intended to supply the Spanish market.

Article 2

The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.

However, notwithstanding that Regulation:

| (a) | tenders shall be drawn up on the basis of the actual quality of the lot to which they apply; |
| --- | --- |

(a)

tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;

| (b) | the minimum selling price shall be fixed at a level that does not disturb the cereals markets. |
| --- | --- |

(b)

the minimum selling price shall be fixed at a level that does not disturb the cereals markets.

Article 3

1.   Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93 the tender security shall be set at EUR 10 per tonne.

2.   Tenders shall be valid only if they are accompanied by the tenderer’s written commitment to lodge a security of EUR 80 per tonne within two working days of the day on which the notice of award of contract is received.

Article 4

1.   The first partial invitation to tender shall expire at 15.00 (Brussels time) on 5 October 2005.

The closing dates for the submission of tenders for subsequent partial invitations to tender shall be each Wednesday at 15.00 (Brussels time), with the exception of 2 November 2005, 28 December 2005, 12 April 2006, 24 May 2006 and 14 June 2006, there being no invitation to tender in the weeks concerned.

The closing date for the submission of tenders for the last partial invitation to tender shall be 28 June 2006 at 15.00 (Brussels time).

2.   Tenders must be lodged with the German intervention agency:

| Bundesanstalt für Landwirtschaft und Ernährung (BLE) |
| --- |
| Deichmannsaue 29 |
| D-53179 Bonn |
| Fax 1: (49-228) 6845 3985 |
| Fax 2: (49-228) 6845 3276 |

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Deichmannsaue 29

D-53179 Bonn

Fax 1: (49-228) 6845 3985

Fax 2: (49-228) 6845 3276

Article 5

The German intervention agency shall send the Commission the tenders received, no later than two hours after expiry of the time-limit for submitting tenders. This notification shall be made by e-mail, using the form in the Annex hereto.

Article 6

Under the procedure laid down in Article 25(2) of Regulation (EC) No 1784/2003 the Commission shall set the minimum selling price or decide not to award any quantities. In the event that tenders are submitted for the same lot and for a quantity larger than that available, the Commission may fix this price separately for each lot.

Where tenders are offering the minimum selling price, the Commission may fix an award coefficient for the quantities offered at the same time as it fixes the minimum selling price.

Article 7

1.   The security referred to in Article 3(1) shall be released in full in respect of quantities for which:

| (a) | no award is made; |
| --- | --- |

(a)

no award is made;

| (b) | payment of the selling price is made within the period set and the security referred to in Article 3(2) has been lodged. |
| --- | --- |

(b)

payment of the selling price is made within the period set and the security referred to in Article 3(2) has been lodged.

2.   The security referred to in Article 3(2) shall be released in proportion to the quantities of cereals delivered to Spain. Proof of a particular destination shall be supplied in accordance with Commission Regulation (EEC) No 3002/92 (3). The T5 control copy must provide proof of compliance with the conditions laid down in Article 1(2) of this Regulation.

Article 8

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

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

Done at Brussels, 28 September 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

2

(3)  
  OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

3

---

ANNEX

Standing invitation to tender for the resale on the Spanish market of 500 000 tonnes of rye held by the German intervention agency

Form (*1)

(Regulation (EC) No 1572/2005)

| 1 | 2 | 3 | 4 |
| --- | --- | --- | --- |
| Serial numbers of tenderers | Lot No | Quantity
  (tonnes) | Tender price EUR/tonne |
| 1 | | | |
| 2 | | | |
| 3 | | | |
| etc. | | | |

1

2

3

4

Serial numbers of tenderers

Lot No

Quantity

(tonnes)

Tender price EUR/tonne

1

2

3

etc.

---

(*1)  To be sent to DG AGRI, Unit D.2.

---

| 29.9.2005 | EN | Official Journal of the European Union | L 253/6 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/6

---

COMMISSION REGULATION (EC) No 1573/2005

of 28 September 2005

opening a standing invitation to tender for the resale on the Community market of rye held by the German intervention agency for processing into bioethanol and its subsequent use for the production of biofuel in the Community

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 6 thereof,

Whereas:

| (1) | Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at a selling price which is not below the price recorded on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs, for an equivalent quality and for a representative quantity preventing market disturbance. |
| --- | --- |

(1)

Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at a selling price which is not below the price recorded on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs, for an equivalent quality and for a representative quantity preventing market disturbance.

| (2) | The increased use of biofuels in Community transport forms part of a raft of measures designed to meet the Community’s environmental commitments. Promoting the use of biofuels may open up a new market for the agricultural products of the Member States. |
| --- | --- |

(2)

The increased use of biofuels in Community transport forms part of a raft of measures designed to meet the Community’s environmental commitments. Promoting the use of biofuels may open up a new market for the agricultural products of the Member States.

| (3) | Germany has significant intervention stocks of rye for which it is proving difficult to find markets and which should therefore be disposed of. To this end, sales on the Community market may be organised by tendering procedure with a view to processing the rye into bioethanol and its subsequent use for the production of biofuel in the Community, within the meaning of Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (3). |
| --- | --- |

(3)

Germany has significant intervention stocks of rye for which it is proving difficult to find markets and which should therefore be disposed of. To this end, sales on the Community market may be organised by tendering procedure with a view to processing the rye into bioethanol and its subsequent use for the production of biofuel in the Community, within the meaning of Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (3).

| (4) | To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price. |
| --- | --- |

(4)

To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.

| (5) | It is also important for the German intervention agency’s notification to the Commission to maintain the anonymity of the tenderers. |
| --- | --- |

(5)

It is also important for the German intervention agency’s notification to the Commission to maintain the anonymity of the tenderers.

| (6) | With a view to modernising management, the information required by the Commission should be sent by electronic mail. |
| --- | --- |

(6)

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

| (7) | To enable checks on the particular destination of the stocks covered by tendering procedures, provision should be made for specific monitoring of, on the one hand, the delivery of the rye and its processing into bioethanol and, on the other hand, its subsequent use for the production of biofuel in the Community. To permit this monitoring, application of the procedures laid down by Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (4) and Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (5) respectively should be made compulsory. |
| --- | --- |

(7)

To enable checks on the particular destination of the stocks covered by tendering procedures, provision should be made for specific monitoring of, on the one hand, the delivery of the rye and its processing into bioethanol and, on the other hand, its subsequent use for the production of biofuel in the Community. To permit this monitoring, application of the procedures laid down by Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (4) and Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (5) respectively should be made compulsory.

| (8) | To guarantee proper performance, tenderers should be asked to lodge a security which, in view of the nature of the operations concerned, should be fixed by derogation from Regulation (EEC) No 2131/93, in particular as regards the conditions for its release. |
| --- | --- |

(8)

To guarantee proper performance, tenderers should be asked to lodge a security which, in view of the nature of the operations concerned, should be fixed by derogation from Regulation (EEC) No 2131/93, in particular as regards the conditions for its release.

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

(9)

The Management Committee for Cereals has not delivered an opinion within the time-limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The German intervention agency shall open a standing invitation to tender for the sale on the Community market of 200 000 tonnes of rye held by it, for processing into bioethanol and its subsequent use for the production of biofuel in the Community within the meaning of Article 2(1)(a) of Directive 2003/30/EC.

Article 2

The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.

However, notwithstanding:

| (a) | Article 13(1) of that Regulation, tenders shall be drawn up by reference to the actual quality of the lot to which they apply; |
| --- | --- |

(a)

Article 13(1) of that Regulation, tenders shall be drawn up by reference to the actual quality of the lot to which they apply;

| (b) | the second paragraph of Article 10 of that Regulation, the minimum selling price shall be set at a level which does not disturb the cereals market. |
| --- | --- |

(b)

the second paragraph of Article 10 of that Regulation, the minimum selling price shall be set at a level which does not disturb the cereals market.

Article 3

Tenders shall be valid only if they are accompanied by:

| (a) | proof that the tenderer has lodged a security which, notwithstanding the second subparagraph of Article 13(4) of Regulation (EEC) No 2131/93, is set at EUR 10 per tonne; |
| --- | --- |

(a)

proof that the tenderer has lodged a security which, notwithstanding the second subparagraph of Article 13(4) of Regulation (EEC) No 2131/93, is set at EUR 10 per tonne;

| (b) | the tenderer’s written undertaking to use the rye for processing within the Community into bioethanol and its subsequent use for the production of biofuel in the Community before 30 August 2006 and to lodge a security of EUR 40 within two working days of the day on which the notice of award of contract is received; |
| --- | --- |

(b)

the tenderer’s written undertaking to use the rye for processing within the Community into bioethanol and its subsequent use for the production of biofuel in the Community before 30 August 2006 and to lodge a security of EUR 40 within two working days of the day on which the notice of award of contract is received;

| (c) | an undertaking to keep stock records so that checks may be carried out to ensure that the quantities of rye awarded have been processed on Community territory into bioethanol and that this ethanol has been used for the production of biofuel in the Community. |
| --- | --- |

(c)

an undertaking to keep stock records so that checks may be carried out to ensure that the quantities of rye awarded have been processed on Community territory into bioethanol and that this ethanol has been used for the production of biofuel in the Community.

The holding and movement of ethanol is subject to Directive 92/12/EEC for the purposes of the production of biofuels.

Article 4

1.   The first partial invitation to tender shall expire at 15.00 (Brussels time) on 5 October 2005.

The closing dates for the submission of tenders for subsequent partial invitations to tender shall be each Wednesday at 15.00 (Brussels time), with the exception of 2 November 2005, 28 December 2005, 12 April 2006, 24 May 2006 and 14 June 2006, i.e. weeks when no invitation to tender shall be made.

The last partial invitation to tender shall expire at 15.00 (Brussels time) on 28 June 2006.

2.   Tenders must be lodged with the German intervention agency at the following address:

| Bundesanstalt für Landwirtschaft und Ernährung (BLE) |
| --- |
| Deichmannsaue 29 |
| D-53179 Bonn |
| Fax: (49-228) 6845 3985 |
| (49-228) 6845 3276. |

Bundesanstalt für Landwirtschaft und Ernährung (BLE)

Deichmannsaue 29

D-53179 Bonn

Fax: (49-228) 6845 3985

(49-228) 6845 3276.

Article 5

Within two hours of the expiry of the time-limit for the submission of tenders, the German intervention agency shall notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex I hereto.

Article 6

Under the procedure laid down in Article 25(2) of Regulation (EC) No 1784/2003 the Commission shall set the minimum selling price or decide not to award any quantities. In the event that tenders are submitted for the same lot and for a quantity larger than that available, the Commission may fix this price separately for each lot.

Where tenders are offering the minimum selling price, the Commission may fix an award coefficient for the quantities offered at the same time as it fixes the minimum selling price.

Article 7

1.   The security referred to in Article 3(a) shall be released in full in respect of quantities for which:

| (a) | no award is made; |
| --- | --- |

(a)

no award is made;

| (b) | payment of the selling price is made within the period set and the security referred to in Article 3(b) has been lodged. |
| --- | --- |

(b)

payment of the selling price is made within the period set and the security referred to in Article 3(b) has been lodged.

2.   The security referred to in Article 3(b) shall be released in proportion to the quantities of rye used by 30 August 2006 for the production of bioethanol in the Community and subject to the bioethanol being placed under the tax warehouse system provided for in Directive 92/12/EEC and specifying the end use of the bioethanol as biofuel in the Community.

Article 8

1.   Proof that the undertakings referred to in Article 3(b) have been met shall be supplied in accordance with Regulation (EEC) No 3002/92 and Directive 92/12/EEC.

2.   In addition to the particulars provided for in Regulation (EEC) No 3002/92, box 104 of the control copy T5 shall refer to the undertaking provided for in Article 3(b) and (c) and contain one or more of the entries shown in Annex II.

3.   Notwithstanding Article 7(1)(a) of Regulation (EEC) No 3002/92, proof that the rye has been properly used shall be provided where it is stored in a bioethanol processing undertaking and the biofuel producer shows, by submitting supporting documents, that the bioethanol produced from rye purchased in accordance with this Regulation has been processed into biofuel.

Article 9

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

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

Done at Brussels, 28 September 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regulation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

2

(3)  
  OJ L 123, 17.5.2003, p. 42.

3

(4)  
  OJ L 301, 17.10.1992, p. 17. Regulation as last amended by Regulation (EC) No 770/96 (OJ L 104, 27.4.1996, p. 13).

4

(5)  
  OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2004/106/EC (OJ L 359, 4.12.2004, p. 30).

5

---

ANNEX I

Standing invitation to tender for the resale of 200 000  tonnes of rye held by the German intervention agency

Form (*1)

(Regulation (EC) No 1573/2005)

| 1 | 2 | 3 | 4 |
| --- | --- | --- | --- |
| Serial numbers of tenderers | Lot No | Quantity
  (t) | Tender price
  (EUR/t) |
| 1 | | | |
| 2 | | | |
| 3 | | | |
| etc. | | | |

1

2

3

4

Serial numbers of tenderers

Lot No

Quantity

(t)

Tender price

(EUR/t)

1

2

3

etc.

---

(*1)  To be sent to DG AGRI, Unit D.2.

---

ANNEX II

Entries referred to in Article 8(2)

| — | in Spanish | : | Productos destinados a la transformación y destino final previstos en el artículo 3, letras b) y c) del Reglamento (CE) no 1573/2005 |
| --- | --- | --- | --- |
| — | in Czech | : | Produkty určené ke zpracování a na místo konečného určení podle čl. 3 písm. b) a c) nařízení (ES) č. 1573/2005 |
| — | in Danish | : | Produkter til forarbejdning og endelig bestemmelse som fastsat i artikel 3, litra b) og c), i forordning (EF) nr. 1573/2005 |
| — | in German | : | Erzeugnisse zur Verarbeitung und Endbestimmung gemäß Artikel 3 Buchstaben b und c der Verordnung (EG) Nr. 1573/2005 |
| — | in Estonian | : | Määruse (EÜ) nr 1573/2005 artikli 3 punktides b ja c ettenähtud eesmärgil töötlemiseks mõeldud tooted |
| — | in Greek | : | Προϊόντα προς μεταποίηση και με τελικό προορισμό όπως προβλέπεται στο άρθρο 3 στοιχεία β) και γ) του κανονισμού (ΕΚ) αριθ. 1573/2005 |
| — | in English | : | Products intended for processing and for the final destination referred to in Article 3(b) and (c) of Regulation (EC) No 1573/2005 |
| — | in French | : | produits destinés à la transformation et à la destination finale prévues à l'article 3, points b) et c) du règlement (CE) no 1573/2005 |
| — | in Italian | : | Prodotti destinati alla trasformazione e alla destinazione finale di cui all’articolo 3, lettere b) e c), del regolamento (CE) n. 1573/2005 |
| — | in Latvian | : | Produkti paredzēti tādai pārstrādei un galīgajam lietojumam, kā noteikts Regulas (EK) Nr. 1573/2005 3. panta b) un c) punktā |
| — | in Lithuanian | : | Produktai, kurių perdirbimas ir galutinis panaudojimas numatyti Reglamento (EB) Nr. 1573/2005 3 straipsnio b ir c punktuose |
| — | in Hungarian | : | Az 1573/2005/EK rendelet 3. cikkének b) és c) pontja szerinti feldolgozásra és végső felhasználásra szánt termékek |
| — | in Dutch | : | Producten bestemd voor de verwerking en het eindgebruik als bedoeld in artikel 3, onder b) en c), van Verordening (EG) nr. 1573/2005 |
| — | in Polish | : | Produkty przeznaczone do przetworzenia oraz do końcowego miejsca przeznaczenia przewidzianych w art. 3 lit. b) i c) rozporządzenia (WE) nr 1573/2005 |
| — | in Portuguese | : | Produtos para a transformação e o destino final estabelecidos no Regulamento (CE) n.o 1573/2005 |
| — | in Slovak | : | Produkty určené na spracovanie a na konečné použitie podľa článku 3 písm. b) a c) nariadenia (ES) č. 1573/2005 |
| — | in Slovenian | : | Proizvodi za predelavo in končni namembni kraj iz člena 3(b) in (c) Uredbe (ES) št. 1573/2005 |
| — | in Finnish | : | Asetuksen (EY) N:o 1573/2005 3 artiklan b ja c alakohdan mukaiseen jalostukseen ja loppukäyttöön tarkoitetut tuotteet |
| — | in Swedish | : | Produkter avsedda för bearbetning och slutlig användning enligt artikel 3 b och c i förordning (EG) nr 1573/2005 |

—

in Spanish

:

Productos destinados a la transformación y destino final previstos en el artículo 3, letras b) y c) del Reglamento (CE) no 1573/2005

—

in Czech

:

Produkty určené ke zpracování a na místo konečného určení podle čl. 3 písm. b) a c) nařízení (ES) č. 1573/2005

—

in Danish

:

Produkter til forarbejdning og endelig bestemmelse som fastsat i artikel 3, litra b) og c), i forordning (EF) nr. 1573/2005

—

in German

:

Erzeugnisse zur Verarbeitung und Endbestimmung gemäß Artikel 3 Buchstaben b und c der Verordnung (EG) Nr. 1573/2005

—

in Estonian

:

Määruse (EÜ) nr 1573/2005 artikli 3 punktides b ja c ettenähtud eesmärgil töötlemiseks mõeldud tooted

—

in Greek

:

Προϊόντα προς μεταποίηση και με τελικό προορισμό όπως προβλέπεται στο άρθρο 3 στοιχεία β) και γ) του κανονισμού (ΕΚ) αριθ. 1573/2005

—

in English

:

Products intended for processing and for the final destination referred to in Article 3(b) and (c) of Regulation (EC) No 1573/2005

—

in French

:

produits destinés à la transformation et à la destination finale prévues à l'article 3, points b) et c) du règlement (CE) no 1573/2005

—

in Italian

:

Prodotti destinati alla trasformazione e alla destinazione finale di cui all’articolo 3, lettere b) e c), del regolamento (CE) n. 1573/2005

—

in Latvian

:

Produkti paredzēti tādai pārstrādei un galīgajam lietojumam, kā noteikts Regulas (EK) Nr. 1573/2005 3. panta b) un c) punktā

—

in Lithuanian

:

Produktai, kurių perdirbimas ir galutinis panaudojimas numatyti Reglamento (EB) Nr. 1573/2005 3 straipsnio b ir c punktuose

—

in Hungarian

:

Az 1573/2005/EK rendelet 3. cikkének b) és c) pontja szerinti feldolgozásra és végső felhasználásra szánt termékek

—

in Dutch

:

Producten bestemd voor de verwerking en het eindgebruik als bedoeld in artikel 3, onder b) en c), van Verordening (EG) nr. 1573/2005

—

in Polish

:

Produkty przeznaczone do przetworzenia oraz do końcowego miejsca przeznaczenia przewidzianych w art. 3 lit. b) i c) rozporządzenia (WE) nr 1573/2005

—

in Portuguese

:

Produtos para a transformação e o destino final estabelecidos no Regulamento (CE) n.o 1573/2005

—

in Slovak

:

Produkty určené na spracovanie a na konečné použitie podľa článku 3 písm. b) a c) nariadenia (ES) č. 1573/2005

—

in Slovenian

:

Proizvodi za predelavo in končni namembni kraj iz člena 3(b) in (c) Uredbe (ES) št. 1573/2005

—

in Finnish

:

Asetuksen (EY) N:o 1573/2005 3 artiklan b ja c alakohdan mukaiseen jalostukseen ja loppukäyttöön tarkoitetut tuotteet

—

in Swedish

:

Produkter avsedda för bearbetning och slutlig användning enligt artikel 3 b och c i förordning (EG) nr 1573/2005

---

| 29.9.2005 | EN | Official Journal of the European Union | L 253/11 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/11

---

COMMISSION REGULATION (EC) No 1574/2005

of 28 September 2005

amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (1), and in particular Article 20 thereof,

Whereas:

| (1) | Article 20 of Regulation (EC) No 2368/2002 provides for the amending of the list of participants in the Kimberley Process certification scheme in Annex II. |
| --- | --- |

(1)

Article 20 of Regulation (EC) No 2368/2002 provides for the amending of the list of participants in the Kimberley Process certification scheme in Annex II.

| (2) | The Chair of the Kimberley Process certification scheme, through his Chair’s Notice of 19 September 2005, has decided to add Lebanon to the list of Participants as of 20 September 2005. Annex II should therefore be amended accordingly, |
| --- | --- |

(2)

The Chair of the Kimberley Process certification scheme, through his Chair’s Notice of 19 September 2005, has decided to add Lebanon to the list of Participants as of 20 September 2005. Annex II should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 2368/2002 is hereby replaced by the Annex to this Regulation.

Article 2

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

It shall be applicable from 20 September 2005.

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

Done at Brussels, 28 September 2005.

For the Commission

Benita FERRERO-WALDNER

Member of the Commission

---

(1)  
  OJ L 358, 31.12.2002, p. 28. Regulation as last amended by Commission Regulation (EC) No 1285/2005 (OJ L 203, 4.8.2005, p. 12).

1

---

ANNEX

‘ANNEX II

List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20.

ANGOLA

| Ministry of Geology and Mines |
| --- |
| Rua Hochi Min |
| Luanda |
| Angola |

Ministry of Geology and Mines

Rua Hochi Min

Luanda

Angola

ARMENIA

Department of Gemstones and Jewellery

Ministry of Trade and Economic Development

Yerevan

Armenia

AUSTRALIA

| Community Protection Section |
| --- |
| Australian Customs Section |
| Customs House, 5 Constitution Avenue |
| Canberra ACT 2601 |
| Australia |

Community Protection Section

Australian Customs Section

Customs House, 5 Constitution Avenue

Canberra ACT 2601

Australia

| Minerals Development Section |
| --- |
| Department of Industry, Tourism and Resources |
| GPO Box 9839 |
| Canberra ACT 2601 |
| Australia |

Minerals Development Section

Department of Industry, Tourism and Resources

GPO Box 9839

Canberra ACT 2601

Australia

BELARUS

| Department of Finance |
| --- |
| Sovetskaja Str., 7 |
| 220010 Minsk |
| Republic of Belarus |

Department of Finance

Sovetskaja Str., 7

220010 Minsk

Republic of Belarus

BOTSWANA

| Ministry of Minerals, Energy & Water Resources |
| --- |
| PI Bag 0018 |
| Gaborone |
| Botswana |

Ministry of Minerals, Energy & Water Resources

PI Bag 0018

Gaborone

Botswana

BRAZIL

| Ministry of Mines and Energy |
| --- |
| Esplanada dos Ministérios — Bloco “U” — 3o andar |
| 70065 — 900 Brasilia — DF |
| Brazil |

Ministry of Mines and Energy

Esplanada dos Ministérios — Bloco “U” — 3o andar

70065 — 900 Brasilia — DF

Brazil

BULGARIA

| Ministry of Economy |
| --- |
| Multilateral Trade and Economic Policy and Regional Cooperation Directorate |
| 12, Al. Batenberg str. |
| 1000 Sofia |
| Bulgaria |

Ministry of Economy

Multilateral Trade and Economic Policy and Regional Cooperation Directorate

12, Al. Batenberg str.

1000 Sofia

Bulgaria

CANADA

| International:





  Department of Foreign Affairs and International Trade |
| --- |
| Peace Building and Human Security Division |
| Lester B Pearson Tower B — Room: B4-120 |
| 125 Sussex Drive Ottawa, Ontario K1A 0G2 |
| Canada |

International:

Department of Foreign Affairs and International Trade

Peace Building and Human Security Division

Lester B Pearson Tower B — Room: B4-120

125 Sussex Drive Ottawa, Ontario K1A 0G2

Canada

| For specimen of the Canadian KP Certificate:





  Stewardship Division |
| --- |
| International and Domestic Market Policy Division |
| Mineral and Metal Policy Branch |
| Minerals and Metals Sector |
| Natural Resources Canada |
| 580 Booth Street, 10th Floor, Room: 10A6 |
| Ottawa, Ontario |
| Canada K1A 0E4 |

For specimen of the Canadian KP Certificate:

Stewardship Division

International and Domestic Market Policy Division

Mineral and Metal Policy Branch

Minerals and Metals Sector

Natural Resources Canada

580 Booth Street, 10th Floor, Room: 10A6

Ottawa, Ontario

Canada K1A 0E4

| General Enquiries:





  Kimberley Process Office |
| --- |
| Minerals and Metals Sector (MMS) |
| Natural Resources Canada (NRCan) |
| 10th Floor, Area A-7 |
| 580 Booth Street |
| Ottawa, Ontario |
| Canada K1A 0E4 |

General Enquiries:

Kimberley Process Office

Minerals and Metals Sector (MMS)

Natural Resources Canada (NRCan)

10th Floor, Area A-7

580 Booth Street

Ottawa, Ontario

Canada K1A 0E4

CENTRAL AFRICAN REPUBLIC

| Independent Diamond Valuators (IDV) |
| --- |
| Immeuble SOCIM, 2ème étage |
| BP 1613 Bangui |
| Central African Republic |

Independent Diamond Valuators (IDV)

Immeuble SOCIM, 2ème étage

BP 1613 Bangui

Central African Republic

CHINA, People’s Republic of

| Department of Inspection and Quarantine Clearance |
| --- |
| General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) |
| 9 Madiandonglu |
| Haidian District, Beijing |
| People’s Republic of China |

Department of Inspection and Quarantine Clearance

General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

9 Madiandonglu

Haidian District, Beijing

People’s Republic of China

HONG KONG, Special Administrative Region of the People’s Republic of China

| Department of Trade and Industry |
| --- |
| Hong Kong Special Administrative Region |
| People's Republic of China |
| Room 703, Trade and Industry Tower |
| 700 Nathan Road |
| Kowloon |
| Hong Kong |
| China |

Department of Trade and Industry

Hong Kong Special Administrative Region

People's Republic of China

Room 703, Trade and Industry Tower

700 Nathan Road

Kowloon

Hong Kong

China

CONGO, Democratic Republic of

| Centre d’Évaluation, d’Expertise et de Certification (CEEC) |
| --- |
| 17th floor, BCDC Tower |
| 30th June Avenue |
| Kinshasa |
| Democratic Republic of Congo |

Centre d’Évaluation, d’Expertise et de Certification (CEEC)

17th floor, BCDC Tower

30th June Avenue

Kinshasa

Democratic Republic of Congo

COTE D’IVOIRE

| Ministry of Mines and Energy |
| --- |
| BP V 91 |
| Abidjan |
| Cote d’Ivoire |

Ministry of Mines and Energy

BP V 91

Abidjan

Cote d’Ivoire

CROATIA

Ministry of Economy

Zagreb

Republic of Croatia

EUROPEAN COMMUNITY

| European Commission |
| --- |
| DG External Relations/A/2 |
| B-1049 Brussels |
| Belgium |

European Commission

DG External Relations/A/2

B-1049 Brussels

Belgium

GHANA

| Precious Minerals Marketing Company (Ltd.) |
| --- |
| Diamond House, |
| Kinbu Road, |
| P.O. Box M. 108 |
| Accra |
| Ghana |

Precious Minerals Marketing Company (Ltd.)

Diamond House,

Kinbu Road,

P.O. Box M. 108

Accra

Ghana

GUINEA

| Ministry of Mines and Geology |
| --- |
| BP 2696 |
| Conakry |
| Guinea |

Ministry of Mines and Geology

BP 2696

Conakry

Guinea

GUYANA

| Geology and Mines Commission |
| --- |
| P.O. Box 1028 |
| Upper Brickdam |
| Stabroek |
| Georgetown |
| Guyana |

Geology and Mines Commission

P.O. Box 1028

Upper Brickdam

Stabroek

Georgetown

Guyana

INDIA

| The Gem & Jewellery Export Promotion Council |
| --- |
| Diamond Plaza, 5th Floor 391-A, Fr D.B. Marg |
| Mumbai 400 004 |
| India |

The Gem & Jewellery Export Promotion Council

Diamond Plaza, 5th Floor 391-A, Fr D.B. Marg

Mumbai 400 004

India

INDONESIA

| Directorate-General of Foreign Trade |
| --- |
| Ministry of Trade |
| JI M.I. Ridwan Rais No. 5 |
| Blok I Iantai 4 |
| Jakarta Pusat Kotak Pos. 10110 |
| Jakarta |
| Indonesia |

Directorate-General of Foreign Trade

Ministry of Trade

JI M.I. Ridwan Rais No. 5

Blok I Iantai 4

Jakarta Pusat Kotak Pos. 10110

Jakarta

Indonesia

ISRAEL

| Ministry of Industry and Trade |
| --- |
| P.O. Box 3007 |
| 52130 Ramat Gan |
| Israel |

Ministry of Industry and Trade

P.O. Box 3007

52130 Ramat Gan

Israel

JAPAN

| United Nations Policy Division |
| --- |
| Foreign Policy Bureau |
| Ministry of Foreign Affairs |
| 2-11-1, Shibakoen Minato-ku |
| 105-8519 Tokyo |
| Japan |

United Nations Policy Division

Foreign Policy Bureau

Ministry of Foreign Affairs

2-11-1, Shibakoen Minato-ku

105-8519 Tokyo

Japan

| Mineral and Natural Resources Division |
| --- |
| Agency for Natural Resources and Energy |
| Ministry of Economy, Trade and Industry |
| 1-3-1 Kasumigaseki, Chiyoda-ku |
| 100-8901 Tokyo |
| Japan |

Mineral and Natural Resources Division

Agency for Natural Resources and Energy

Ministry of Economy, Trade and Industry

1-3-1 Kasumigaseki, Chiyoda-ku

100-8901 Tokyo

Japan

KOREA, Republic of

| UN Division |
| --- |
| Ministry of Foreign Affairs and Trade |
| Government Complex Building |
| 77 Sejong-ro, Jongro-gu |
| Seoul |
| Korea |

UN Division

Ministry of Foreign Affairs and Trade

Government Complex Building

77 Sejong-ro, Jongro-gu

Seoul

Korea

| Trade Policy Division |
| --- |
| Ministry of Commerce, Industry and Enterprise |
| 1 Joongang-dong, Kwacheon-City |
| Kyunggi-do |
| Korea |

Trade Policy Division

Ministry of Commerce, Industry and Enterprise

1 Joongang-dong, Kwacheon-City

Kyunggi-do

Korea

LAOS, People’s Democratic Republic

Department of Foreign Trade,

Ministry of Commerce

Vientiane

Laos

LEBANON

Special Committee

Director General

Ministry of Economy and Trade

Beirut

Lebanon

LESOTHO

| Commission of Mines and Geology |
| --- |
| P.O. Box 750 |
| Maseru 100 |
| Lesotho |

Commission of Mines and Geology

P.O. Box 750

Maseru 100

Lesotho

MALAYSIA

| Ministry of International Trade and Industry |
| --- |
| Blok 10 |
| Komplek Kerajaan Jalan Duta |
| 50622 Kuala Lumpur |
| Malaysia |

Ministry of International Trade and Industry

Blok 10

Komplek Kerajaan Jalan Duta

50622 Kuala Lumpur

Malaysia

MAURITIUS

| Ministry of Commerce and Co-operatives |
| --- |
| Import Division |
| 2nd Floor, Anglo-Mauritius House |
| Intendance Street |
| Port Louis |
| Mauritius |

Ministry of Commerce and Co-operatives

Import Division

2nd Floor, Anglo-Mauritius House

Intendance Street

Port Louis

Mauritius

NAMIBIA

| Diamond Commission |
| --- |
| Ministry of Mines and Energy |
| Private Bag 13297 |
| Windhoek |
| Namibia |

Diamond Commission

Ministry of Mines and Energy

Private Bag 13297

Windhoek

Namibia

NORWAY

| Section for Public International Law |
| --- |
| Department for Legal Affairs |
| Royal Ministry of Foreign Affairs |
| P.O. Box 8114 |
| 0032 Oslo |
| Norway |

Section for Public International Law

Department for Legal Affairs

Royal Ministry of Foreign Affairs

P.O. Box 8114

0032 Oslo

Norway

ROMANIA

| National Authority for Consumer Protection |
| --- |
| Strada Georges Clemenceau Nr. 5, sectorul 1 |
| Bucharest |
| Romania |

National Authority for Consumer Protection

Strada Georges Clemenceau Nr. 5, sectorul 1

Bucharest

Romania

RUSSIAN FEDERATION

| Gokhran of Russia |
| --- |
| 14, 1812 Goda St. |
| 121170 Moscow |
| Russia |

Gokhran of Russia

14, 1812 Goda St.

121170 Moscow

Russia

SIERRA LEONE

Ministry of Mineral Resources

Youyi Building

Brookfields

Freetown

Sierra Leone

SINGAPORE

| Ministry of Trade and Industry |
| --- |
| 100 High Street |
| #0901, The Treasury, |
| Singapore 179434 |

Ministry of Trade and Industry

100 High Street

# 0901, The Treasury,

Singapore 179434

SOUTH AFRICA

| South African Diamond Board |
| --- |
| 240 Commissioner Street |
| Johannesburg |
| South Africa |

South African Diamond Board

240 Commissioner Street

Johannesburg

South Africa

SRI LANKA

| Trade Information Service |
| --- |
| Sri Lanka Export Development Board |
| 42 Nawam Mawatha |
| Colombo 2 |
| Sri Lanka |

Trade Information Service

Sri Lanka Export Development Board

42 Nawam Mawatha

Colombo 2

Sri Lanka

SWITZERLAND

| State Secretariat for Economic Affairs |
| --- |
| Export Control Policy and Sanctions |
| Effingerstrasse 1 |
| 3003 Berne |
| Switzerland |

State Secretariat for Economic Affairs

Export Control Policy and Sanctions

Effingerstrasse 1

3003 Berne

Switzerland

TAIWAN, PENGHU, KINMEN AND MATSU, Separate Customs Territory

Export/Import Administration Division

Bureau of Foreign Trade

Ministry of Economic Affairs

Taiwan

TANZANIA

| Commission for Minerals |
| --- |
| Ministry of Energy and Minerals |
| PO Box 2000 |
| Dar es Salaam |
| Tanzania |

Commission for Minerals

Ministry of Energy and Minerals

PO Box 2000

Dar es Salaam

Tanzania

THAILAND

| Ministry of Commerce |
| --- |
| Department of Foreign Trade |
| 44/100 Thanon Sanam Bin Nam-Nonthaburi |
| Muang District |
| Nonthaburi 11000 |
| Thailand |

Ministry of Commerce

Department of Foreign Trade

44/100 Thanon Sanam Bin Nam-Nonthaburi

Muang District

Nonthaburi 11000

Thailand

TOGO

| Directorate General — Mines and Geology |
| --- |
| B.P. 356 |
| 216, Avenue Sarakawa |
| Lomé |
| Togo |

Directorate General — Mines and Geology

B.P. 356

216, Avenue Sarakawa

Lomé

Togo

UKRAINE

| Ministry of Finance |
| --- |
| State Gemological Center |
| Degtyarivska St. 38-44 |
| Kiev |
| 04119 Ukraine |

Ministry of Finance

State Gemological Center

Degtyarivska St. 38-44

Kiev

04119 Ukraine

| International Department |
| --- |
| Diamond Factory “Kristall” |
| 600 Letiya Street 21 |
| 21100 Vinnitsa |
| Ukraine |

International Department

Diamond Factory “Kristall”

600 Letiya Street 21

21100 Vinnitsa

Ukraine

UNITED ARAB EMIRATES

| Dubai Metals and Commodities Centre |
| --- |
| PO Box 63 |
| Dubai |
| United Arab Emirates |

Dubai Metals and Commodities Centre

PO Box 63

Dubai

United Arab Emirates

UNITED STATES OF AMERICA

| U.S. Department of State |
| --- |
| 2201 C St., N.W. |
| Washington D.C. |
| United States of America |

U.S. Department of State

2201 C St., N.W.

Washington D.C.

United States of America

VENEZUELA

| Ministry of Energy and Mines |
| --- |
| Apartado Postal No. 61536 Chacao |
| Caracas 1006 |
| Av. Libertadores, Edif. PDVSA, Pent House B |
| La Campina — Caracas |
| Venezuela |

Ministry of Energy and Mines

Apartado Postal No. 61536 Chacao

Caracas 1006

Av. Libertadores, Edif. PDVSA, Pent House B

La Campina — Caracas

Venezuela

VIETNAM

| Export-Import Management Department |
| --- |
| Ministry of Trade of Vietnam |
| 31 Trang Tien |
| Hanoi 10.000 |
| Vietnam |

Export-Import Management Department

Ministry of Trade of Vietnam

31 Trang Tien

Hanoi 10.000

Vietnam

ZIMBABWE

| Principal Minerals Development Office |
| --- |
| Ministry of Mines and Mining Development |
| Private Bag 7709, Causeway |
| Harare |
| Zimbabwe’. |

Principal Minerals Development Office

Ministry of Mines and Mining Development

Private Bag 7709, Causeway

Harare

Zimbabwe’.

---

| 29.9.2005 | EN | Official Journal of the European Union | L 253/16 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/16

---

COMMISSION REGULATION (EC) No 1575/2005

of 28 September 2005

fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges, table grapes, apples and peaches)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(7) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 951/2005 (3) fixed the indicative quantities for the issue of B system export licences. |
| --- | --- |

(1)

Commission Regulation (EC) No 951/2005 (3) fixed the indicative quantities for the issue of B system export licences.

| (2) | The definitive rate of refund for tomatoes, oranges, table grapes, apples and peaches covered by licences applied for under system B between 1 July 2005 to 15 September 2005, should be fixed at the indicative rate, and the percentage of licences to be issued for the quantities applied for should be laid down, |
| --- | --- |

(2)

The definitive rate of refund for tomatoes, oranges, table grapes, apples and peaches covered by licences applied for under system B between 1 July 2005 to 15 September 2005, should be fixed at the indicative rate, and the percentage of licences to be issued for the quantities applied for should be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

For applications for system B export licences submitted pursuant to Article 1 of Regulation (EC) No 951/2005 between 1 July 2005 and 15 September 2005, the percentages of licences to be issued and the rates of refund applicable are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 29 September 2005.

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

Done at Brussels, 28 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 268, 9.10.2001, p. 8. Regulation as amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

2

(3)  
  OJ L 160, 23.6.2005, p. 19. Regulation as amended by Regulation (EC) No 1078/2005 (OJ L 177, 9.7.2005, p. 3).

3

---

ANNEX

Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between 1 July 2005 to 15 September 2005 (tomatoes, oranges, table grapes, apples and peaches)

| Product | Rate of refund
  (EUR/t net) | Percentages of licences to be issued for the quantities applied for |
| --- | --- | --- |
| Tomatoes | 35 | 100  % |
| Oranges | 38 | 100  % |
| Table grapes | 25 | 100  % |
| Apples | 36 | 100  % |
| Peaches | 13 | 100  % |

Product

Rate of refund

(EUR/t net)

Percentages of licences to be issued for the quantities applied for

Tomatoes

35

100  %

Oranges

38

100  %

Table grapes

25

100  %

Apples

36

100  %

Peaches

13

100  %

---

| 29.9.2005 | EN | Official Journal of the European Union | L 253/18 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/18

---

COMMISSION REGULATION (EC) No 1576/2005

of 28 September 2005

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Regulation (EC) No 1563/2005 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Regulation (EC) No 1563/2005 (4).

| (2) | The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95, |
| --- | --- |

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 29 September 2005.

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

Done at Brussels, 28 September 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 141, 24.6.1995, p. 16. Regulation as last amended by Regulation (EC) No 624/98 (OJ L 85, 20.3.1998, p. 5).

2

(3)  
  OJ L 170, 1.7.2005, p. 35.

3

(4)  
  OJ L 249, 23.9.2005, p. 16.

4

---

ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 99 applicable from 29 September 2005

| (EUR) |
| --- |
| CN code | Representative price per 100 kg of the product concerned | Additional duty per 100 kg of the product concerned |
| 1701 11 10  (1) | 24,16 | 4,22 |
| 1701 11 90  (1) | 24,16 | 9,45 |
| 1701 12 10  (1) | 24,16 | 4,03 |
| 1701 12 90  (1) | 24,16 | 9,02 |
| 1701 91 00  (2) | 26,15 | 12,16 |
| 1701 99 10  (2) | 26,15 | 7,64 |
| 1701 99 90  (2) | 26,15 | 7,64 |
| 1702 90 99  (3) | 0,26 | 0,39 |

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10  (1)

24,16

4,22

1701 11 90  (1)

24,16

9,45

1701 12 10  (1)

24,16

4,03

1701 12 90  (1)

24,16

9,02

1701 91 00  (2)

26,15

12,16

1701 99 10  (2)

26,15

7,64

1701 99 90  (2)

26,15

7,64

1702 90 99  (3)

0,26

0,39

---

(1)  Fixed for the standard quality defined in Annex I.II to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(2)  Fixed for the standard quality defined in Annex I.I to Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(3)  Fixed per 1 % sucrose content.

---

II Acts whose publication is not obligatory

Council

| 29.9.2005 | EN | Official Journal of the European Union | L 253/20 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/20

---

Information concerning the date of entry into force of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union (1), signed in Brussels on 21 December 2004, entered into force on 1 October 2005, in accordance with Article 14 of the Protocol.

1

---

(1)  
  OJ L 26, 28.1.2005, p. 222 and OJ L 243, 19.9.2005, p. 49.

1

---

Commission

| 29.9.2005 | EN | Official Journal of the European Union | L 253/21 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/21

---

COMMISSION DECISION

of 22 June 2005

relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement

(Case COMP/A.39.116/B2 — Coca-Cola)

(notified under document number C(2005) 1829)

(Only the English text is authentic)

(Text with EEA relevance)

(2005/670/EC)

(1)

This decision adopted pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (1) is addressed to the Coca-Cola Company (TCCC) and its three major bottlers, Bottling Holdings (Luxembourg) SARL, Coca-Cola Erfrischungsgetränke AG and Coca-Cola Hellenic Bottling Company SA (hereafter: the Parties). The subject matter of the procedure relates to the conduct of TCCC and its bottlers in the supply of carbonated soft drinks in both the distribution channel for consumption at home and the channel for consumption on premise in the EC Member States, Iceland and Norway. In a preliminary assessment, the Commission expressed concerns under Article 82 of the EC Treaty and Article 54 of the EEA Agreement in relation to practices consisting in exclusivity-related requirements, growth and target rebates and leveraging of market power between various product categories.

(2)

The Commission considers that the commitments offered following the preliminary assessment and the observations submitted by interested third parties are sufficient to address the identified competition concerns in channels, where the Parties reach defined market share thresholds. In particular, the Parties will refrain from concluding exclusivity agreements save in specific circumstances and from granting growth and target rebates. In the preliminary assessment these practices were considered to make it more difficult for third parties to compete on the merits. By providing that requirements concerning assortment and shelf-space must be defined separately for certain categories of brands, the commitments address the concern identified in the preliminary assessment that strong brands could be leveraged in favour of weaker brands. In regard to financing and technical equipment, the commitments reduce contract duration, give customers the option of repayment and termination without penalties and free up a certain share of cooler space, thus addressing the concerns that the pre-existing arrangements would unduly bind customers and lead to outlet exclusivity.

(3)

The decision finds that, in view of the commitments, there are no longer grounds for action by the Commission. The decision shall be binding until 31 December 2010.

(4)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 20 May 2005.

---

(1)  
  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

1

---

Acts adopted under Title VI of the Treaty on European Union

| 29.9.2005 | EN | Official Journal of the European Union | L 253/22 |
| --- | --- | --- | --- |

29.9.2005

EN

Official Journal of the European Union

L 253/22

---

COUNCIL DECISION 2005/671/JHA

of 20 September 2005

on the exchange of information and cooperation concerning terrorist offences

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 29, 30(1), 31 and 34(2)(c) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

| (1) | At its extraordinary meeting on 21 September 2001, the European Council stated that terrorism was a real challenge to the world and to Europe and that the fight against terrorism would be a priority objective of the European Union. |
| --- | --- |

(1)

At its extraordinary meeting on 21 September 2001, the European Council stated that terrorism was a real challenge to the world and to Europe and that the fight against terrorism would be a priority objective of the European Union.

| (2) | On 19 October 2001 the European Council stated that it was determined to combat terrorism in every form throughout the world and that it would continue its efforts to strengthen the coalition of the international community to combat terrorism in every shape and form, for example by increased cooperation between the operational services responsible for combating terrorism: Europol, Eurojust, the intelligence services, police forces and judicial authorities. |
| --- | --- |

(2)

On 19 October 2001 the European Council stated that it was determined to combat terrorism in every form throughout the world and that it would continue its efforts to strengthen the coalition of the international community to combat terrorism in every shape and form, for example by increased cooperation between the operational services responsible for combating terrorism: Europol, Eurojust, the intelligence services, police forces and judicial authorities.

| (3) | It is essential in the fight against terrorism for the relevant services to have the fullest and most up-to-date information possible in their respective fields. The Member States’ specialised national services, the judicial authorities and relevant bodies of the European Union such as Europol and Eurojust absolutely need information if they are to perform their tasks. |
| --- | --- |

(3)

It is essential in the fight against terrorism for the relevant services to have the fullest and most up-to-date information possible in their respective fields. The Member States’ specialised national services, the judicial authorities and relevant bodies of the European Union such as Europol and Eurojust absolutely need information if they are to perform their tasks.

| (4) | Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP (2) is a major step forward. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for ever greater exchanges of information. The scope of information exchanges must be extended to all stages of criminal proceedings, including convictions, and to all persons, groups or entities investigated, prosecuted or convicted for terrorist offences. |
| --- | --- |

(4)

Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP (2) is a major step forward. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for ever greater exchanges of information. The scope of information exchanges must be extended to all stages of criminal proceedings, including convictions, and to all persons, groups or entities investigated, prosecuted or convicted for terrorist offences.

| (5) | Since the objectives of this decision cannot be sufficiently achieved by the Member States acting alone and can therefore, given the need for reciprocity, be better achieved at Community level, the Community may adopt measures, act in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(5)

Since the objectives of this decision cannot be sufficiently achieved by the Member States acting alone and can therefore, given the need for reciprocity, be better achieved at Community level, the Community may adopt measures, act in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (6) | In the execution of the exchange of information, this Decision is without prejudice to essential national security interests, and it should not jeopardise the safety of individuals or the success of a current investigation or specific intelligence activities in the field of State security. |
| --- | --- |

(6)

In the execution of the exchange of information, this Decision is without prejudice to essential national security interests, and it should not jeopardise the safety of individuals or the success of a current investigation or specific intelligence activities in the field of State security.

| (7) | This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, |
| --- | --- |

(7)

This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

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

| (a) | ‘terrorist offences’: the offences specified in Articles 1, 2 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (3); |
| --- | --- |

(a)

‘terrorist offences’: the offences specified in Articles 1, 2 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (3);

3

| (b) | ‘Europol Convention’: the Convention of 26 July 1995 on the establishment of a European Police Office (4); |
| --- | --- |

(b)

‘Europol Convention’: the Convention of 26 July 1995 on the establishment of a European Police Office (4);

4

| (c) | ‘Eurojust Decision’: Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (5); |
| --- | --- |

(c)

‘Eurojust Decision’: Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (5);

5

| (d) | ‘group or entity’: ‘terrorist groups’ within the meaning of Article 2 of Council Framework Decision 2002/475/JHA and the groups and entities listed in the Annex to Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (6). |
| --- | --- |

(d)

‘group or entity’: ‘terrorist groups’ within the meaning of Article 2 of Council Framework Decision 2002/475/JHA and the groups and entities listed in the Annex to Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (6).

6

Article 2

Provision of information concerning terrorist offences to Eurojust, Europol and the Member States

1.   Each Member State shall designate a specialised service within its police services or other law enforcement authorities, which, in accordance with national law, will have access to and collect all relevant information concerning and resulting from criminal investigations conducted by its law enforcement authorities with respect to terrorist offences and send it to Europol in accordance with paragraphs 3 and 4.

2.   Each Member State shall designate one, or where its legal system so provides more than one authority, as Eurojust national correspondent for terrorism matters or an appropriate judicial or other competent authority which, in accordance with national law, shall have access to and can collect all relevant information concerning prosecutions and convictions for terrorist offences and send it to Eurojust in accordance with paragraph 5.

3.   Each Member State shall take the necessary measures to ensure that at least the information referred to in paragraph 4 concerning criminal investigations and the information referred to in paragraph 5 concerning prosecutions and convictions for terrorist offences which affect or may affect two or more Member States, gathered by the relevant authority, is transmitted to:

| (a) | Europol, in accordance with national law and with the provisions of the Europol Convention, for processing; and |
| --- | --- |

(a)

Europol, in accordance with national law and with the provisions of the Europol Convention, for processing; and

| (b) | Eurojust, in accordance with national law and where the provisions of the Eurojust Decision so allow. |
| --- | --- |

(b)

Eurojust, in accordance with national law and where the provisions of the Eurojust Decision so allow.

4.   The information to be transmitted in accordance with paragraph 3 to Europol shall be the following:

| (a) | data which identify the person, group or entity; |
| --- | --- |

(a)

data which identify the person, group or entity;

| (b) | acts under investigation and their specific circumstances; |
| --- | --- |

(b)

acts under investigation and their specific circumstances;

| (c) | the offence concerned; |
| --- | --- |

(c)

the offence concerned;

| (d) | links with other relevant cases; |
| --- | --- |

(d)

links with other relevant cases;

| (e) | the use of communication technologies; |
| --- | --- |

(e)

the use of communication technologies;

| (f) | the threat posed by the possession of weapons of mass destruction. |
| --- | --- |

(f)

the threat posed by the possession of weapons of mass destruction.

5.   The information to be transmitted in accordance with paragraph 3 to Eurojust shall be the following:

| (a) | data which identify the person, group or entity that is the object of a criminal investigation or prosecution; |
| --- | --- |

(a)

data which identify the person, group or entity that is the object of a criminal investigation or prosecution;

| (b) | the offence concerned and its specific circumstances; |
| --- | --- |

(b)

the offence concerned and its specific circumstances;

| (c) | information about final convictions for terrorist offences and the specific circumstances surrounding those offences; |
| --- | --- |

(c)

information about final convictions for terrorist offences and the specific circumstances surrounding those offences;

| (d) | links with other relevant cases; |
| --- | --- |

(d)

links with other relevant cases;

| (e) | requests for judicial assistance, including letters rogatory, addressed to or by another Member State and the response. |
| --- | --- |

(e)

requests for judicial assistance, including letters rogatory, addressed to or by another Member State and the response.

6.   Each Member State shall take the necessary measures to ensure that any relevant information included in documents, files, items of information, objects or other means of evidence, seized or confiscated in the course of criminal investigations or criminal proceedings in connection with terrorist offences can be made accessible as soon as possible, taking account of the need not to jeopardise current investigations, to the authorities of other interested Member States in accordance with national law and relevant international legal instruments where investigations are being carried out or might be initiated or where prosecutions are in progress in connection with terrorist offences.

Article 3

Joint investigation teams

In appropriate cases Member States shall take the necessary measures to set up joint investigation teams to conduct criminal investigations into terrorist offences.

Article 4

Requests for judicial assistance and enforcement of judgments

Each Member State shall take the necessary measures to ensure that requests from other Member States for mutual legal assistance and recognition and enforcement of judgments in connection with terrorist offences are dealt with as a matter of urgency and are given priority.

Article 5

Repeal of existing provisions

Decision 2003/48/JHA is hereby repealed.

Article 6

Implementation

Member States shall take the necessary measures to comply with the provisions of this Decision at the latest by 30 June 2006.

Article 7

Territorial Application

This Decision shall apply to Gibraltar.

Article 8

Entry into force

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at Brussels, 20 September 2005.

For the Council

The President

M. BECKETT

---

(1)  Opinion given on 7 June 2005 (not yet published in the Official Journal).

1

(2)  
  OJ L 16, 22.1.2003, p. 68.

2

(3)  
  OJ L 164, 22.6.2002, p. 3.

3

(4)  
  OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol of 27.11.2003 (OJ C 2, 6.1.2004, p. 3).

4

(5)  
  OJ L 63, 6.3.2002, p. 1. Decision as amended by Council Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

5

(6)  
  OJ L 344, 28.12.2001, p. 93. Common Position as last amended by Common Position 2005/220/CFSP (OJ L 69, 16.3.2005, p. 59).

6

---