# Official Journal L 284/27 O

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 284 |
| | |
| English edition | Legislation | Volume 4827 October 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 284

English edition

Legislation

Volume 4827 October 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1752/2005 of 26 October 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1753/2005 of 26 October 2005 establishing a prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and Mediterranean by vessels flying the flag of France | 3 |
| | * | Commission Regulation (EC) No 1754/2005 of 26 October 2005 derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 in the French Overseas Departments in 2005 | 5 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1752/2005 of 26 October 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1753/2005 of 26 October 2005 establishing a prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and Mediterranean by vessels flying the flag of France

3

*

Commission Regulation (EC) No 1754/2005 of 26 October 2005 derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 in the French Overseas Departments in 2005

5

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 19 October 2005 on the appointment of the members of the European Group on Ethics in Science and New Technologies for its third mandate | 6 |
| | * | Commission Decision of 25 October 2005 amending Decisions 2005/92/EC and 2005/93/EC concerning export to third countries of certain products
  (notified under document number C(2005) 4134)

   (
  1
  ) | 8 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 19 October 2005 on the appointment of the members of the European Group on Ethics in Science and New Technologies for its third mandate

6

*

Commission Decision of 25 October 2005 amending Decisions 2005/92/EC and 2005/93/EC concerning export to third countries of certain products
  (notified under document number C(2005) 4134)

   (
  1
  )

(notified under document number C(2005) 4134)

1

8

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Recommendation 2005/737/EC of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services ( OJ L 276, 21.10.2005 ) | 10 |
| | * | Corrigendum to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species ( OJ L 193, 20.7.2002 ) | 10 |

Corrigenda

*

Corrigendum to Commission Recommendation 2005/737/EC of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services ( OJ L 276, 21.10.2005 )

10

*

Corrigendum to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species ( OJ L 193, 20.7.2002 )

10

| | |
| --- | --- |
| | (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

| 27.10.2005 | EN | Official Journal of the European Union | L 284/1 |
| --- | --- | --- | --- |

27.10.2005

EN

Official Journal of the European Union

L 284/1

---

COMMISSION REGULATION (EC) No 1752/2005

of 26 October 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 27 October 2005.

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

Done at Brussels, 26 October 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 26 October 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 | 45,9 |
| 096 | 27,7 |
| 204 | 38,1 |
| 999 | 37,2 |
| 0707 00 05 | 052 | 93,6 |
| 999 | 93,6 |
| 0709 90 70 | 052 | 97,2 |
| 204 | 46,1 |
| 999 | 71,7 |
| 0805 50 10 | 052 | 63,1 |
| 388 | 59,4 |
| 524 | 66,9 |
| 528 | 66,3 |
| 999 | 63,9 |
| 0806 10 10 | 052 | 106,3 |
| 400 | 283,5 |
| 508 | 232,4 |
| 512 | 92,7 |
| 999 | 178,7 |
| 0808 10 80 | 052 | 57,2 |
| 388 | 91,0 |
| 400 | 128,3 |
| 404 | 89,2 |
| 512 | 75,0 |
| 720 | 54,4 |
| 800 | 193,7 |
| 804 | 99,1 |
| 999 | 98,5 |
| 0808 20 50 | 052 | 95,6 |
| 720 | 64,0 |
| 999 | 79,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

45,9

096

27,7

204

38,1

999

37,2

0707 00 05

052

93,6

999

93,6

0709 90 70

052

97,2

204

46,1

999

71,7

0805 50 10

052

63,1

388

59,4

524

66,9

528

66,3

999

63,9

0806 10 10

052

106,3

400

283,5

508

232,4

512

92,7

999

178,7

0808 10 80

052

57,2

388

91,0

400

128,3

404

89,2

512

75,0

720

54,4

800

193,7

804

99,1

999

98,5

0808 20 50

052

95,6

720

64,0

999

79,8

---

(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’.

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| 27.10.2005 | EN | Official Journal of the European Union | L 284/3 |
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27.10.2005

EN

Official Journal of the European Union

L 284/3

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COMMISSION REGULATION (EC) No 1753/2005

of 26 October 2005

establishing a prohibition of fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and Mediterranean 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 (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005. |
| --- | --- |

(1)

Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2005 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 26 October 2005.

For the Commission

Jörgen HOLMQUIST

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 358, 31.12.2002, p. 59.

1

(2)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

2

(3)  
  OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 1300/2005 (OJ L 207, 10.8.2005, p. 1).

3

---

ANNEX

| Member State | France |
| --- | --- |
| Stock | BFT/AEO45W |
| Species | Bluefin tuna (Thunnus thynnus) |
| Zone | Atlantic Ocean, east of longitude 45° W, and Mediterranean |
| Date | 17 October 2005 |

Member State

France

Stock

BFT/AEO45W

Species

Bluefin tuna (Thunnus thynnus)

Zone

Atlantic Ocean, east of longitude 45° W, and Mediterranean

Date

17 October 2005

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| 27.10.2005 | EN | Official Journal of the European Union | L 284/5 |
| --- | --- | --- | --- |

27.10.2005

EN

Official Journal of the European Union

L 284/5

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COMMISSION REGULATION (EC) No 1754/2005

of 26 October 2005

derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 in the French Overseas Departments in 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Article 21 of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2), provides for reductions to be applied in the case of late submission of an aid application. |
| --- | --- |

(1)

Article 21 of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2), provides for reductions to be applied in the case of late submission of an aid application.

| (2) | The French authorities have informed the Commission that in the four French Overseas Departments the information on areas that the farmers need in order to prepare their single application for the year 2005 in accordance with Article 11 of Regulation (EC) No 796/2004 were not made available to the farmers in due time. Consequently, the farmers were not able to submit their single application by 15 May 2005 as provided for. |
| --- | --- |

(2)

The French authorities have informed the Commission that in the four French Overseas Departments the information on areas that the farmers need in order to prepare their single application for the year 2005 in accordance with Article 11 of Regulation (EC) No 796/2004 were not made available to the farmers in due time. Consequently, the farmers were not able to submit their single application by 15 May 2005 as provided for.

| (3) | It is therefore appropriate not to apply the reductions provided for in Article 21 of Regulation (EC) No 796/2004 in respect of farmers in the French Overseas Departments who submitted their application at the latest one month after the information was made available to them. |
| --- | --- |

(3)

It is therefore appropriate not to apply the reductions provided for in Article 21 of Regulation (EC) No 796/2004 in respect of farmers in the French Overseas Departments who submitted their application at the latest one month after the information was made available to them.

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

The reduction of 1 % per working day provided for in paragraphs 1 and 2 of Article 21 of Regulation (EC) No 796/2004 shall not apply to single applications or amendments thereto submitted until:

| — | 6 June 2005 to the competent authorities for French Guiana, |
| --- | --- |

—

6 June 2005 to the competent authorities for French Guiana,

| — | 19 June 2005 to the competent authorities for Martinique, |
| --- | --- |

—

19 June 2005 to the competent authorities for Martinique,

| — | 24 June 2005 to the competent authorities for Réunion, |
| --- | --- |

—

24 June 2005 to the competent authorities for Réunion,

| — | 27 June 2005 to the competent authorities for Guadeloupe. |
| --- | --- |

—

27 June 2005 to the competent authorities for Guadeloupe.

Article 2

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

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

Done at Brussels, 26 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regulation (EC) No 436/2005 (OJ L 72, 18.3.2005, p. 4).

2

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II Acts whose publication is not obligatory

Commission

| 27.10.2005 | EN | Official Journal of the European Union | L 284/6 |
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27.10.2005

EN

Official Journal of the European Union

L 284/6

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COMMISSION DECISION

of 19 October 2005

on the appointment of the members of the European Group on Ethics in Science and New Technologies for its third mandate

(2005/754/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Commission Decision dated 16 December 1997 (SEC(97) 2404) creating the European Group on Ethics in Science and New Technologies (EGE) and authorising the President of the European Commission to appoint the members,

Having regard to the Commission Decision dated 26 March 2001 (C(2001) 691) concerning the amendment to the remit of the European Group on Ethics in Science and New Technologies,

Having regard to Commission Decision 2005/383/EC of 11 May 2005 (1) on the renewal of the mandate of the European Group on Ethics in Science and New Technologies,

Having regard to the open call for expressions of interest launched on the EGE Website on 20 May 2005 with a closing date of 20 June 2005,

Whereas:

| (1) | The EGE is an independent and multidisciplinary consultative body to the European Commission, composed of 15 members. |
| --- | --- |

(1)

The EGE is an independent and multidisciplinary consultative body to the European Commission, composed of 15 members.

| (2) | Some 38 applications were received following the call for expressions of interest (2). Ten of the previous EGE members are eligible for re-election (3) and nine of these wish to be considered. |
| --- | --- |

(2)

Some 38 applications were received following the call for expressions of interest (2). Ten of the previous EGE members are eligible for re-election (3) and nine of these wish to be considered.

| (3) | It is necessary to ensure an appropriate range of professional skills and experience in the EGE membership. |
| --- | --- |

(3)

It is necessary to ensure an appropriate range of professional skills and experience in the EGE membership.

| (4) | Members are appointed ad personam for their personal competences and qualities, |
| --- | --- |

(4)

Members are appointed ad personam for their personal competences and qualities,

HAS DECIDED AS FOLLOWS:

Article 1

The appointment of the following outgoing EGE members is renewed for a period of four years:

| 1. | Rafael Capurro |
| --- | --- |

1.

Rafael Capurro

| 2. | Inez de Beaufort |
| --- | --- |

2.

Inez de Beaufort

| 3. | Göran Hermerén |
| --- | --- |

3.

Göran Hermerén

| 4. | Linda Nielsen |
| --- | --- |

4.

Linda Nielsen

| 5. | Pere Puigdomenech Rosell |
| --- | --- |

5.

Pere Puigdomenech Rosell

| 6. | Günter Virt. |
| --- | --- |

6.

Günter Virt.

Article 2

The following individuals are appointed as EGE members for a period of four years:

| 1. | Emmanuel Agius |
| --- | --- |

1.

Emmanuel Agius

| 2. | Diána Bánáti |
| --- | --- |

2.

Diána Bánáti

| 3. | Anne Cambon-Thomsen |
| --- | --- |

3.

Anne Cambon-Thomsen

| 4. | Carlo Casini |
| --- | --- |

4.

Carlo Casini

| 5. | Jozef Glasa |
| --- | --- |

5.

Jozef Glasa

| 6. | Hille Haker |
| --- | --- |

6.

Hille Haker

| 7. | Julian Kinderlerer |
| --- | --- |

7.

Julian Kinderlerer

| 8. | Krzysztof Marczewski |
| --- | --- |

8.

Krzysztof Marczewski

| 9. | Paula Martinho da Silva. |
| --- | --- |

9.

Paula Martinho da Silva.

Article 3

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

Done at Brussels, 19 October 2005.

For the Commission

José Manuel BARROSO

The President

---

(1)  
  OJ L 127, 20.5.2005, p. 17.

1

(2)  See the fifth bullet of Article 3(2) of Decision 2005/383/EC: ‘The identification and selection of the EGE members will be made on the basis of an open call for expressions of interest.’

2

(3)  See the third bullet of Article 3(2) of Decision 2005/383/EC: ‘Each member of the EGE shall be appointed for a term of four years. Such appointment may be renewable for a maximum of two further terms.’

3

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| 27.10.2005 | EN | Official Journal of the European Union | L 284/8 |
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27.10.2005

EN

Official Journal of the European Union

L 284/8

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COMMISSION DECISION

of 25 October 2005

amending Decisions 2005/92/EC and 2005/93/EC concerning export to third countries of certain products

(notified under document number C(2005) 4134)

(Text with EEA relevance)

(2005/755/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Articles 12(12), and 13(6) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular Article 13(3) thereof,

Whereas:

| (1) | Directive 97/78/EC lays down requirements for veterinary checks on consignments of certain products of animal origin coming from a third country and provides, inter alia, for the storage in customs warehouses, free zones, free warehouses or premises of operators supplying cross-border means of sea transport for products which do not comply with Community animal health import conditions. |
| --- | --- |

(1)

Directive 97/78/EC lays down requirements for veterinary checks on consignments of certain products of animal origin coming from a third country and provides, inter alia, for the storage in customs warehouses, free zones, free warehouses or premises of operators supplying cross-border means of sea transport for products which do not comply with Community animal health import conditions.

| (2) | Council Directive 2002/99/EC provides that Member States are to take measures to ensure that from 1 January 2005 products of animal origin, intended for human consumption, are introduced from third countries only if they comply with the rules laid down in that Directive. |
| --- | --- |

(2)

Council Directive 2002/99/EC provides that Member States are to take measures to ensure that from 1 January 2005 products of animal origin, intended for human consumption, are introduced from third countries only if they comply with the rules laid down in that Directive.

| (3) | Commission Decision 2005/92/EC of 2 February 2005 as regards animal health conditions, certification and transitional provisions concerning the introduction and storage period for consignments of certain products of animal origin in free zones, free warehouses and premises of operators supplying cross border means of sea transport in the Community (3) and Commission Decision 2005/93/EC of 2 February 2005 as regards transitional provisions concerning the introduction and the storage period for consignments of certain products of animal origin in customs warehouses in the Community (4) provide for the continued storage during a transitional period until 1 January 2006 of products not complying with Community animal health rules, that were introduced into the Community before 1 January 2005, until the products are sent to their final destination in a third country. |
| --- | --- |

(3)

Commission Decision 2005/92/EC of 2 February 2005 as regards animal health conditions, certification and transitional provisions concerning the introduction and storage period for consignments of certain products of animal origin in free zones, free warehouses and premises of operators supplying cross border means of sea transport in the Community (3) and Commission Decision 2005/93/EC of 2 February 2005 as regards transitional provisions concerning the introduction and the storage period for consignments of certain products of animal origin in customs warehouses in the Community (4) provide for the continued storage during a transitional period until 1 January 2006 of products not complying with Community animal health rules, that were introduced into the Community before 1 January 2005, until the products are sent to their final destination in a third country.

| (4) | There is a real risk that products not complying with Community animal health conditions now stored in the Community may pose a significant animal health threat to both the Community and to neighbouring third countries, and, could be sent to third countries without the consent of the competent veterinary authority of the third country of destination or transit. |
| --- | --- |

(4)

There is a real risk that products not complying with Community animal health conditions now stored in the Community may pose a significant animal health threat to both the Community and to neighbouring third countries, and, could be sent to third countries without the consent of the competent veterinary authority of the third country of destination or transit.

| (5) | Decisions 2005/92/EC and 2005/93/EC provide that from 1 January 2006 any consignments of products covered by those Decisions remaining in storage, are to be destroyed. In order to safeguard both the Community and neighbouring third countries pending such destruction, tighter controls should be put in place to ensure that consignments, not fully complying with Community animal health rules, despatched from storage in the Community have the express consent of the third country of destination and of any third country of transit. |
| --- | --- |

(5)

Decisions 2005/92/EC and 2005/93/EC provide that from 1 January 2006 any consignments of products covered by those Decisions remaining in storage, are to be destroyed. In order to safeguard both the Community and neighbouring third countries pending such destruction, tighter controls should be put in place to ensure that consignments, not fully complying with Community animal health rules, despatched from storage in the Community have the express consent of the third country of destination and of any third country of transit.

| (6) | Decisions 2005/92/EC and 2005/93/EC should therefore be amended to only permit the movements of products covered by those Decisions to a third country of destination or transit through a third country, or to vessels acting as cross border sea transport, with the express written authorisation of the competent authority of those countries, or of a responsible officer on board the vessel. |
| --- | --- |

(6)

Decisions 2005/92/EC and 2005/93/EC should therefore be amended to only permit the movements of products covered by those Decisions to a third country of destination or transit through a third country, or to vessels acting as cross border sea transport, with the express written authorisation of the competent authority of those countries, or of a responsible officer on board the vessel.

| (7) | It is appropriate to provide that the person responsible for the movements of the products concerned obtains and presents the necessary written authorisations to the competent authority of the Member State in which the products are stored, before the competent authority permits the exit of the products to the final destination or for transit to such destination. |
| --- | --- |

(7)

It is appropriate to provide that the person responsible for the movements of the products concerned obtains and presents the necessary written authorisations to the competent authority of the Member State in which the products are stored, before the competent authority permits the exit of the products to the final destination or for transit to such destination.

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

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/92/EC is amended as follows:

| 1. | the following Article 2a is inserted:

  ‘Article 2a
  Member States shall ensure that any consignment of products referred to in Article 1, not accompanied by the appropriate animal health certificate, and currently stored in a free zone, free warehouse or premises of an operator supplying cross-border means of sea transport in a Member State, are not released from storage for movement to a border inspection post of exit for further transport to a destination, unless the person responsible for any such consignment submits written authorisation confirming that the introduction of such products will be accepted through or onto its territory or onto the vessel from:






  (i) | the competent authority of the third country of destination and of any third country of transit; or |
| --- | --- | --- |

1.

the following Article 2a is inserted:

‘Article 2a

Member States shall ensure that any consignment of products referred to in Article 1, not accompanied by the appropriate animal health certificate, and currently stored in a free zone, free warehouse or premises of an operator supplying cross-border means of sea transport in a Member State, are not released from storage for movement to a border inspection post of exit for further transport to a destination, unless the person responsible for any such consignment submits written authorisation confirming that the introduction of such products will be accepted through or onto its territory or onto the vessel from:

(i)

the competent authority of the third country of destination and of any third country of transit; or

| (ii) | the responsible officer on the vessel being supplied.’; |
| --- | --- |

(ii)

the responsible officer on the vessel being supplied.’;

| 2. | in Article 3, the second paragraph is replaced by the following:
  ‘All costs of such destruction shall be chargeable to the person responsible for the consignment.’ |
| --- | --- |

2.

in Article 3, the second paragraph is replaced by the following:

‘All costs of such destruction shall be chargeable to the person responsible for the consignment.’

Article 2

Decision 2005/93/EC is amended as follows:

| 1. | the following Article 1a is inserted:

  ‘Article 1a
  Member States shall ensure that any consignment of products referred to in Article 1, not accompanied by the appropriate animal health certificate, and currently stored in a customs warehouse in a Member State, are not released from storage for movement to a border inspection post of exit for further transport to a destination, unless the person responsible for any such consignment submits written authorisation from the competent authority of the country of destination and of any third country of transit, confirming that the introduction of such products will be accepted through or onto its territory.’; |
| --- | --- |

1.

the following Article 1a is inserted:

‘Article 1a

Member States shall ensure that any consignment of products referred to in Article 1, not accompanied by the appropriate animal health certificate, and currently stored in a customs warehouse in a Member State, are not released from storage for movement to a border inspection post of exit for further transport to a destination, unless the person responsible for any such consignment submits written authorisation from the competent authority of the country of destination and of any third country of transit, confirming that the introduction of such products will be accepted through or onto its territory.’;

| 2. | in Article 2, the second paragraph is replaced by the following:
  ‘All costs of such destruction shall be chargeable to the person responsible for the consignment.’ |
| --- | --- |

2.

in Article 2, the second paragraph is replaced by the following:

‘All costs of such destruction shall be chargeable to the person responsible for the consignment.’

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 October 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1). Corrected version: OJ L 191, 28.5.2004, p. 1.

1

(2)  
  OJ L 18, 23.1.2003, p. 11.

2

(3)  
  OJ L 31, 4.2.2005, p. 62.

3

(4)  
  OJ L 31, 4.2.2005, p. 64.

4

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Corrigenda

| 27.10.2005 | EN | Official Journal of the European Union | L 284/10 |
| --- | --- | --- | --- |

27.10.2005

EN

Official Journal of the European Union

L 284/10

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Corrigendum to Commission Recommendation 2005/737/EC of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services

(
  Official Journal of the European Union L 276 of 21 October 2005
  )

On the cover page, in the contents, on page 54 in the title and on page 57 in the signature:

for:

‘
  18 May 2005
  ’,

read:

‘
  18 October 2005
  ’.

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| 27.10.2005 | EN | Official Journal of the European Union | L 284/10 |
| --- | --- | --- | --- |

27.10.2005

EN

Official Journal of the European Union

L 284/10

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Corrigendum to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species

(
  Official Journal of the European Union L 193 of 20 July 2002
  )

On page 3, Article 4(4):

for:

‘4.   In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC the deliberate release into the environment of the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.’,

read:

‘4.   In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.’;

on page 8, second subparagraph of Article 23(3)

for:

‘The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.’,

read:

‘The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.’

---