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I Acts whose publication is obligatory

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            COMMISSION REGULATION (EC) No 1760/2004

of 12 October 2004         

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 13 October 2004.

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

Done at Brussels, 12 October 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Agriculture Director-General

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

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ANNEX

to Commission Regulation of 12 October 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

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

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            COMMISSION REGULATION (EC) No 1761/2004

of 12 October 2004         

laying down specific measures in the cauliflower sector

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), and in particular Article 17 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

1.   Under the terms of this Regulation, producer organisations shall receive aid of EUR 50 per tonne for certain cauliflowers harvested in the Community falling within CN code ex 0704 10 00 delivered for processing when price levels have dropped on the fresh cauliflower market.

2.   The aid referred to in paragraph 1 shall be paid quarterly, in accordance with the periods laid down in the second paragraph of Article 3, for certain quantities of cauliflowers delivered to processors and accepted by those processors where the price conditions referred to in the first subparagraph of Article 5(5) have been met.

3.   For each quarter concerned, without prejudice to Article 8(4), the aid referred to in paragraph 1 of this Article shall be paid for the quantities delivered to processors, and accepted by those processors, in excess of the minimum quantities referred to in Article 4(2)(c).

The sum of the quantities benefiting from the aid referred to in paragraph 1 and of the quantities withdrawn under the terms of Article 23 of Regulation (EC) No 2200/96 may not, however, exceed 15 % of the quantities marketed in the same quarter.

Article 2

Minimum quality requirements

Products delivered for processing must be whole, of sound, genuine and merchantable quality and suitable for processing. Products affected by rot shall be excluded.

Article 3

Advance application by producer organisations

To qualify for the aid referred to in Article 1, producer organisations must:

The application shall include copies of the contracts referred to in point (b) of the first paragraph and shall cover one or more of the following periods:

Article 4

Contracts

1.   The contracts referred to in point (b) of the first paragraph of Article 3 shall be concluded in writing. They shall cover the periods laid down in the second paragraph of Article 3, which are the subject of an advance application from the producer organisation.

2.   Contracts shall specify, in particular:

3.   Member States may adopt additional rules on contracts.

Article 5

Price threshold

1.   For each production region concerned, the Member State shall propose to the Commission a place of quotation and the characteristics in terms of size and presentation of the Category I product which serves as a reference for determining the market situation for fresh cauliflowers in the region in question.

2.   The Member State shall propose to the Commission, for periods of not less than one month, the average price of the product referred to in paragraph 1 over the previous five marketing years, excluding the highest average yearly rate and the lowest average yearly rate among the five years in question.

3.   The Member State shall propose to the Commission a price threshold for each production region, equal to 80 % of the average price referred to in paragraph 2.

4.   The Commission shall fix, on the basis of the proposals referred to in paragraphs 1 to 3 and of any other relevant information at its disposal, the price threshold referred to in paragraph 3 and shall communicate it to the Member State concerned.

5.   The aid referred to in Article 1 may be paid only once the rate determined in the place of quotation referred to in paragraph 1 of this Article has been below the price threshold fixed pursuant to paragraph 4 for two consecutive quotation days.

It shall cease to be paid the day following the first day on which the rate recorded is once again above or equal to the price threshold fixed pursuant to paragraph 4.

Article 6

Acceptance of advance applications

1.   The Member State shall accept the advance application referred to in Article 3 where the conditions laid down in Articles 3 and 4 have been met and it has fixed the place of quotation, characteristics and price threshold and carried out the calculations referred to in Article 5.

2.   The Member State shall inform the producer organisation of the terms under which it may be paid the aid. It shall send the producer organisation the price threshold fixed pursuant to Article 5(4) for the production region of the producer organisation concerned, and all the necessary details as regards the place of quotation and the characteristics of the product quoted as referred to in Article 5(1).

Article 7

Notification of deliveries

1.   From the beginning of the periods laid down in the second paragraph of Article 3, the producer organisation shall notify the competent authorities of the Member State, no later than 18.00 of the preceding working day, of each delivery to processors holding the contracts referred to in Article 4, including the quantities which will not subsequently be the subject of an application for aid in accordance with Article 8.

This notification shall include the quantity to be delivered, the place and time of delivery and the identification number of the contract relating to the delivery in question. It shall be sent electronically and the authorities to which it is addressed shall keep a record of it for at least three years.

The competent authorities of the Member States concerned may ask for any additional information they consider necessary for a physical check on the deliveries.

2.   When each consignment delivered under contracts is accepted at the processing plant, a delivery certificate shall be issued, specifying:

Delivery certificates shall be prepared in four copies. They shall be signed by the processor or its representative and by the producer organisation or its representative. Each certificate shall bear an identification number.

Processors and producer organisations shall both keep a copy of delivery certificates.

3.   The producer organisation shall send the competent authorities of the Member State a communication by e-mail containing the information referred to in paragraph 2, not later than the fifth working day following the week of delivery.

However, where the conditions referred to in the first subparagraph of Article 5(5) are met, the producer organisation shall send the communication referred to in the first subparagraph of this paragraph not later than the first working day following the delivery.

Article 8

Applications for and payment of aid

1.   Producer organisations shall present their aid application to the competent authorities of the Member States each quarter, not later than the 15th of the month following the end of the quarter covered by the aid application.

No aid shall be granted if the application is presented beyond this deadline.

2.   Each aid application for a particular quarter shall include the following information:

3.   Member States shall notify the Commission, not later than the 20th of the month following the end of the quarter concerned, of the total quantities which are the subject of applications for payment, broken down by requesting producer organisation.

4.   If the quantities referred to in paragraph 3 are such that the total of the quantities which have benefited from the aid in the course of the previous quarters and of the quantities referred to in paragraph 3 does not exceed 50 000 tonnes, the Commission shall authorise the Member States to pay the aid applied for.

If the total of the quantities which have benefited from the aid in the course of the previous quarters and of the quantities referred to in paragraph 3 exceeds 50 000 tonnes, the Commission shall fix a reduction percentage for the applications, applicable to the quantities referred to in paragraph 3.

5.   The aid shall be paid by the competent authorities of the Member States once the provisions referred to in paragraph 4 have been implemented and if these authorities have carried out the checks provided for in Article 9(a) and checked that the aid application tallies with the delivery certificates referred to in Article 7(2).

Article 9

Checks

1.   For each producer organisation and each producer, the following checks shall be carried out:

2.   For the purposes laid down in point (b)(ii) of paragraph 1, processors who sign contracts with producer organisations shall keep the following information for at least three years:

Article 10

Recovery and penalties

1.   Aid unduly paid to producer organisations, shall be recovered with interest, including that linked to any irregularities found during the checks referred to in Article 9.

The interest rate to be applied shall be calculated in accordance with national legislation and shall not be lower than the interest rate generally applicable to recovery under national rules.

2.   Except in cases of obvious error, where irregularities are found in the application of this Regulation, the recipient/applicant shall be required:

3.   In the event of a false declaration the Member State shall debar the producer organisation concerned from benefiting from the provisions of this Regulation and shall inform the Commission thereof.

4.   Sums recovered, with the interest accrued and the amount of the penalty, shall be paid to the responsible paying agency and deducted from expenditure financed by the EAGGF.

Article 11

Informing the Commission

1.   Member States shall send the Commission, for each quarter concerned, the following information:

This information must reach the Commission not later than 15 days before the start of the quarter concerned.

2.   Member States shall inform the Commission immediately where the conditions referred to in the first subparagraph of Article 5(5) are met for a specific producer organisation.

Article 12

Entry into force

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

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

Done at Brussels, 12 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

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(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).

(2)OJ L 16, 23.1.2004, p. 3.

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 4 October 2004         

establishing a Social Protection Committee and repealing Decision 2000/436/EC

(2004/689/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 144 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

1.   A Social Protection Committee (hereinafter referred to as the Committee), with advisory status, is hereby established to promote cooperation on social protection policies between Member States and with the Commission, in full compliance with the Treaty and with due regard for the powers of the Community's institutions and organs.

2.   The tasks of the Committee shall be:

3.   The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees dealing with social and economic policy matters, such as the Employment Committee and the Economic Policy Committee.

4.   In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners and social non-governmental organisations, account being taken of their respective roles and responsibilities in the social protection sphere. The European Parliament shall also be informed regarding the activities of the Committee.

Article 2

1.   The Committee shall consist of two representatives appointed by each Member State and two representatives of the Commission. The representatives may be assisted by two alternates.

Member States and the Commission shall use their best endeavours to achieve a gender balance in the composition of delegations.

2.   The Committee may call on external experts where its agenda so requires.

3.   The Committee shall establish contacts with representatives of the candidate countries.

Article 3

1.   The Committee shall elect its chairperson from among the representatives of the Member States for a non-renewable term of two years.

The chairperson shall be assisted by four vice-chairpersons of whom two shall be elected by the Committee from among its members for a term of two years. The third shall be a representative from the Member State holding the Presidency of the Council and the fourth shall be a representative from the Member State that will hold the next Presidency.

2.   Meetings of the Committee shall be convened by the chairperson, either on his or her own initiative or at the request of at least half of the members of the Committee.

3.   The Committee shall establish its own rules of procedure. Expenses shall be reimbursed in accordance with the administrative rules in force.

4.   The Commission shall provide the analytical and organisational support for the Committee. It shall designate a member of its staff as Secretary, who shall act on the instructions of the Committee when assisting the Committee in carrying out its tasks.

The Commission shall liaise with the General Secretariat of the Council with regard to the holding of meetings.

Article 4

The Committee may entrust the study of specific questions to its alternate members or may establish working groups to this end. In such cases, the chair shall be taken by either a member or an alternate member of the Committee or by a Commission official, appointed by the Committee.

The working groups may call upon experts to assist them.

Article 5

Decision 2000/436/EC shall be repealed as from the date of the first meeting of the Committee. The first meeting of the Committee shall take place no later than four months after the date of adoption of this Decision.

Done at Luxembourg, 4 October 2004.

For the Council

The President

A. J. DE GEUS            

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(1)  Opinion delivered on 10 February 2004 (not yet published in the Official Journal).

(2)OJ C 8, 12.1.2000, p. 7.

(3)OJ L 172, 12.7.2000, p. 26.

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Commission

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            COMMISSION DECISION         

of 7 October 2004         

on a financial contribution from the Community towards the purchase and fitting on board of fishing vessels of electronic localisation devices in 2004

(notified under document number C(2004) 3358)

(2004/690/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/465/EC of 29 April 2004 on a Community financial contribution towards Member States fisheries control programmes (1), and in particular Article 6(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision establishes the global amount of the Community financial contribution for each Member State, the rate of the Community financial contribution and the conditions on which the contribution may be granted towards the purchase and fitting on board of Community fishing vessels of electronic localisation devices.

Article 2

Eligible expenditure

1.   In order to be eligible for a financial contribution from the Community under this Decision, expenditure shall be incurred in the purchase and fitting on board of Community fishing vessels of electronic localisation devices enabling vessels to be monitored at a distance by a fisheries monitoring centre through a vessel monitoring system (VMS).

2.   The devices referred to in paragraph 1 shall satisfy the requirements laid down by Regulation (EC) No 2244/2003.

3.   Only expenditure incurred within the framework of individual national fisheries control programmes shall be considered as eligible to Community financial contribution.

Article 3

Global amount

The global amount of the financial contribution to be granted to each Member State is set out in the Annex.

Article 4

Rates and conditions

1.   The maximum eligible expenditure which may qualify for a Community financial contribution for the purchase of electronic localisation devices installed on board Community fishing vessels may not exceed EUR 4 500 per vessel.

2.   Within EUR 4 500 limit provided for in paragraph 1, the Community financial contribution for the first EUR 1 500 of eligible expenditure shall be at a rate of 100 %.

3.   The Community financial contribution for eligible expenditure comprised between EUR 1 500 and EUR 4 500 per vessel, shall amount to a maximum of 50 % of such expenditure.

Article 5

Currency

Applications for reimbursement and for advances expressed in currencies other than the euro shall be converted into euro at the rate for the month in which they reach the Commission.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 7 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

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(1)OJ L 157, 30.4.2004, p. 114. Decision as corrected in OJ L 195, 2.6.2004, p. 36.

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

(3)OJ L 333, 20.12.2003, p. 17.

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ANNEX

Global amount of the financial contribution

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            COMMISSION DECISION         

of 7 October 2004         

amending Decision 2002/840/EC adopting the list of approved facilities in third countries for the irradiation of foods

(notified under document number C(2004) 3679)

(Text with EEA relevance)

(2004/691/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (1), and in particular Article 9(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2002/840/EC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 October 2004.

For the Commission

David BYRNE            

Member of the Commission

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(1)OJ L 66, 13.3.1999, p. 16. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 287, 25.10.2002, p. 40.

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ANNEX

List of irradiation facilities in third countries approved by the Community

Reference No: EU-AIF 01-2002

Reference No: EU-AIF 02-2002

Reference No: EU-AIF 03-2002

Reference No: EU-AIF 05-2004

Reference No: EU-AIF 06-2004

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