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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 555/2005

of 17 February 2005         

on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

Article 2

The fishing opportunities provided for in the Protocol shall be allocated among the Member States as follows:

If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 3

Member States whose vessels fish under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Malagasy fishing zone in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (3).

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.

Article 5

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

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

Done at Brussels, 17 February 2005.

For the Council

The President

J.-C. JUNCKER            

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(1)  Opinion of the European Parliament of 15 September 2004 (not yet published in the Official Journal).

(2)OJ L 73, 18.3.1986, p. 26.

(3)OJ L 73, 15.3.2001, p. 8.

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            AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS         

concerning the provisional application of the Protocol defining for the period 1 January 2004 to 31 December 2006 the Tuna fishing opportunities and the financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar

A.   Letter from the Government of Madagascar

Sir,

With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining the tuna fishing opportunities and the financial contribution for the period 1 January 2004 to 31 December 2006, I have the honour to inform you that the Government of the Republic of Madagascar is prepared to apply this Protocol on a provisional basis with effect from 1 January 2004, pending its entry into force in accordance with Article 7 of the said Protocol, provided the Community is prepared to do likewise.

It is understood that, this being the case, the financial compensation provided for in Article 2 of the Protocol is to be paid before 30 September 2004.

I should be obliged if you would confirm the Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Madagascar

B.   Letter from the Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

                  ‘With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining the tuna fishing opportunities and the financial contribution for the period 1 January 2004 to 31 December 2006, I have the honour to inform you that the Government of the Republic of Madagascar is prepared to apply this Protocol on a provisional basis with effect from 1 January 2004, pending its entry into force in accordance with Article 7 of the said Protocol, provided the Community is prepared to do likewise.

It is understood that, this being the case, the financial compensation provided for in Article 2 of the Protocol is to be paid before 30 September 2004.

I should be obliged if you would confirm the Community's agreement to such provisional application.’               

I have the honour to confirm the Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Union

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            PROTOCOL         

defining for the period 1 January 2004 to 31 December 2006 the Tuna fishing opportunities and the financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar

Article 1

1.   Under Article 2 of the Agreement, licences authorising fishing in the Malagasy fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners for a period of three years beginning on 1 January 2004.

In addition, at the request of the Community, certain permits may be granted to other categories of fishing vessel under conditions to be defined within the Joint Committee referred to in Article 9 of the Agreement.

2.   Vessels flying the flag of a Member State of the European Community may fish for tuna in Madagascar's fishing zone only if they are in possession of a fishing licence issued under this Protocol in accordance with the arrangements described in the Annex.

Article 2

1.   The financial contribution referred to in Article 7 of the Agreement shall be fixed at EUR 825 000 per year, comprising EUR 320 000 in financial compensation, to be paid not later than 30 September for the first year and 30 April for the second and third years, and EUR 505 000 for the measures referred to in Article 3 of this Protocol.

However, the financial compensation to be paid for the first year of application of the Protocol (1 January 2004 to 31 December 2004) shall be EUR 196 385 following deduction of the amount already paid under the preceding Protocol in respect of the period 1 January 2004 to 20 May 2004.

2.   The financial contribution shall cover an annual catch of 11 000 tonnes of tuna in Malagasy waters; if the tuna caught by Community vessels in the Malagasy fishing zone exceeds this weight, the amount referred to above shall be proportionately increased. However, the total amount of the financial contribution paid by the Community shall not be more than twice the amount indicated in paragraph 1.

3.   The financial compensation shall be paid into an account opened with the Public Treasury, to be specified by the Malagasy authorities.

Article 3

1.   In order to guarantee the development of sustainable, responsible fisheries, the two parties shall in their mutual interest encourage a partnership aimed at promoting in particular: enhanced knowledge of fisheries resources and biological resources, fisheries inspection, development of non-industrial fishing, fishing communities and training.

2.   From the financial contribution provided for in Article 2(1), the measures set out below shall be funded to the tune of EUR 505 000 per year, broken down as follows:

3.   The amounts referred to in points (a), (b), (d) and (e) shall be paid to the Ministry responsible for fisheries after a detailed annual programme, including a schedule and the objectives set for each of these targeted measures, has been presented to the Commission and no later than 30 September 2004 for the first year and 30 April for the second and third years; they shall be paid into the bank accounts of the relevant Malagasy authorities. The annual programme must reach the Commission by 31 July 2004 for the first year and by 28 February for the following years. However, for the first year, the programme must cover only the period 21 May 2004 to 31 December 2004.

The Commission reserves the right to request the Ministry responsible for fisheries for any additional information which may be considered necessary.

4.   The amounts referred to at (c) shall be disbursed to the Ministry responsible for fisheries and paid, as the funds are used, into the bank accounts indicated by it.

5.   The relevant Malagasy authorities shall send the Commission an annual report on the use of the funds allocated to the measures provided for in paragraph 2, and on the implementation of those measures and the results achieved, not later than 31 March of the following year. The Commission reserves the right to request the Ministry responsible for fisheries for any additional information. In the light of the actual implementation of those measures and after consulting the relevant Malagasy authorities in the context of a meeting of the Joint Committee provided for in Article 9 of the Agreement, the Commission may review the payments concerned.

Article 4

Should the European Community fail to make the payments provided for in Articles 2 and 3, Madagascar may suspend application of this Protocol.

Article 5

If serious circumstances, with the exception of natural phenomena, prevent the exercise of fishing activities in Madagascar's fishing zone, payment of the financial contribution may be suspended by the European Community following prior consultations between the two parties.

Payment of the financial contribution shall be resumed as soon as normality is restored and after consultations between the two parties confirm that the situation is likely to permit a return to fishing activities.

The validity of the licences granted to Community vessels under Article 4 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.

Article 6

The Annex to the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar is hereby repealed and replaced by the Annex to this Protocol.

Article 7

This Protocol shall enter into force on the date of its signing.

It shall apply from 1 January 2004.

ANNEX

CONDITIONS GOVERNING TUNA-FISHING ACTIVITIES BY EUROPEAN COMMUNITY VESSELS IN THE MALAGASY FISHING ZONE

1.   LICENCE APPLICATION AND ISSUING FORMALITIES

The procedure for applying for and issuing licences authorising Community vessels to fish in Malagasy waters shall be as follows:

2.   VALIDITY OF LICENCES AND PAYMENT OF FEES

3.   CATCH DECLARATION AND STATEMENT OF FEES

4.   COMMUNICATIONS

Skippers shall notify Madagascar's Fisheries Surveillance Centre, at least three hours in advance, by radio (dual frequency 8 755 Tx 8 231 Rx USB), by fax (261) 202 24 90 14 or by e-mail (csp-mprh@dts.mg) with confirmation of their intention to bring their vessel into or take it out of Madagascar's fishing zone.

When giving notification of their intention to enter the fishing zone, they shall also report the estimated quantities of catches on board, even when no catches have been made.

Finally, when notifying their intention to leave, they shall report on the estimated catches taken during the time they spent in the Malagasy fishing zone.

Radio transmissions shall be made during the working hours and days applicable in Madagascar.

These requirements shall also apply to Community fishing vessels intending to unload at any Malagasy port.

5.   OBSERVERS

At the request of the Ministry responsible for fisheries, tuna seiners and surface longliners shall take an observer on board, who shall be treated as an officer. The time spent on board by observers shall be fixed by the Ministry responsible for fisheries, but, as a general rule, it should not exceed the time required to carry out their duties. The observers' specific activities are set out in Appendix 3.

The conditions governing their embarkation shall be defined by the Ministry responsible for fisheries, represented by Madagascar's Fisheries Surveillance Centre.

Vessel-owners or their agents shall inform Madagascar's Fisheries Surveillance Centre at least two days in advance of their vessel's arrival in a Malagasy port with a view to taking the observer on board.

Vessel-owners shall, via their agents, make a payment of EUR 20 to the Malagasy Government (Madagascar's Fisheries Surveillance Centre) for each day spent by each observer on board a tuna seiner or surface longliner.

The cost of approaching the Malagasy port of embarkation shall be borne by the Malagasy Government. The cost of taking observers on board and putting them ashore outside Madagascar shall be borne by the vessel-owners. Observers may be taken on board up to 30 % of the Community vessels operating in Madagascar's fishing zone. The time spent by observers on board shall depend on the length of the trip in that zone. If a Community vessel fails to go to a Malagasy port to take an observer on board, embarkation shall be carried out using a patrol vessel of Madagascar's Fisheries Surveillance Centre.

The spot where the observer is to be transferred and the associated approach costs shall be agreed with Madagascar's Fisheries Surveillance Centre, the costs being borne by the vessel-owner.

Transfer of the observer on to another vessel at sea shall be agreed between the skipper of the vessel and the Madagascar Fisheries Surveillance Centre.

If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, vessel-owners shall be automatically absolved of their obligation to take the observer on board. If the vessel is delayed in getting under way, the vessel-owner shall bear the observer's board and lodging costs until the time of actual embarkation.

6.   SIGNING-ON OF SEAMEN

7.   FISHING ZONES

Community vessels shall have access to all waters under Madagascar's jurisdiction beyond 12 nautical miles from the coastline.

Should the Ministry responsible for fisheries decide to install experimental fish concentration devices, it shall inform the Commission and the agents of the vessel-owners concerned, indicating the geographical position of the devices.

From the 30th day after such notification, it shall be forbidden to go within 1.5 nautical miles of those devices. The dismantling of any experimental devices must be reported to the same parties immediately.

8.   INSPECTION AND SURVEILLANCE OF FISHING ACTIVITIES

Vessels holding a licence shall allow on board any officials duly authorised by the Republic of Madagascar to inspect and monitor fishing activities and shall assist them in the accomplishment of their duties.

9.   SATELLITE MONITORING

Since the Republic of Madagascar has introduced a Vessel Monitoring System (VMS) for its own fleet and intends to extend this system on a non-discriminatory basis to all vessels fishing in its fisheries zone, and Community vessels have been subject to satellite monitoring wherever they operate under Community legislation since 1 January 2000, it is recommended that the national authorities of the flag States and of the Republic of Madagascar should monitor by satellite as follows vessels fishing under the Agreement:

Table I

Coordinates (latitudes and longitudes) of the Madagascar fishing zone

(see also map in Appendix 4)

Table II

Communication of VMS messages to Madagascar

Position report

Character set: ISO 8859.1

Each data transmission is structured as follows:

Optional data elements have to be inserted between the start and end of the record.

10.   TRANSSHIPMENT

When fish are transshipped, freezer tuna seiners shall hand over the fish which they do not intend to keep to a company or body appointed by the Malagasy fisheries authorities.

11.   SUPPLY OF SERVICES

Community vessel-owners operating in the Malagasy fishing zone shall practise positive discrimination in favour of Malagasy services (careening, handling, fuel-oil bunkering, consignment, etc.).

The Madagascar authorities shall define the terms for the use of port facilities together with the beneficiaries of the Agreement.

12.   PENALTIES

Any breach of this Protocol or of Malagasy fisheries legislation shall be penalised in accordance with the Malagasy laws and regulations in force.

The Commission shall be informed in writing within 48 hours at the latest of any penalty imposed on any Community vessel, and of all the relevant facts concerning the case.

13.   BOARDING OF VESSELS

1.   Transmission of information

The Malagasy Ministry responsible for fisheries shall inform the Commission Delegation and the flag State in writing, within 48 hours, of the boarding of any Community fishing vessel operating under the Agreement in Madagascar's fishing zone and shall transmit a brief report of the circumstances and reasons leading to such boarding. The Commission Delegation and the flag State shall also be kept informed of any proceedings initiated and penalties imposed.

2.   Settlement of boarding

In accordance with the law on fisheries and the relevant regulations, infringements may be settled:

3)   The vessel shall be released and its crew authorised to leave the port:

14.   ENVIRONMENTAL PROTECTION

In the interests of the environment, the two parties undertake to introduce the following measures:

The European Community shall be entrusted with the task of notifying the Ministry responsible for fisheries of any environmentally-unfriendly act committed by any vessel fishing in the Malagasy fishing zone.

Appendix 1
Text of image

APPLICATION FORM FOR A FISHING LICENCE

1. New application or renewal:

2. Name of vessel and flag:

3. Period of validity: from to

4. Name of vessel-owner:

5. Address and fax number of vessel-owner:

6. Name and address of charterer (if different from 4 and 5):

7. Name and address of official representative in Madagascar:

8. Name of skipper of vessel:

9. Type of vessel:

10. Registration number:

11. External identification of vessel:

12. Port and country of registration:

13. Overall length and breadth of vessel:

14. Gross and net tonnage of vessel:

15. Make and power of main engine:

16. Freezing capacity (t/d):

17. Hold capacity (m3):

18. Radio call sign and frequency:

19. Other communications equipment (telex, fax):

20. Fishing gear:

21. Crew numbers, broken down by nationality:

22. Fishing licence No (in the event of a renewal, attach licence):

I, the undersigned, , certify that the above information is correct and undertake to comply therewith.

(Stamp and signature of vessel-owner)

(Date)

Appendix 2
Text of image

FORM FOR CATCH DECLARATIONS

Vessel name:

Gross registered tonnage:

Vessel DEPARTED:

Vessel RETURNED:

Month

Day

Year

Port

Flag State:

Capacity — (M.T.):

Registration number:

Skipper:

Vessel-owner:

Number of crew:

Address:

Reporting date:

(Reported by):

Number of days at sea:

Number of fishing days:

No of hauls:

Fishing trip No:

Date

Area

Surface water temp.

(°C)

Fishing effort No of hooks used

Capturas (Catches)

Isco usado na pesca (Bait used)

Month

Day

Latitude N/S

Longitude E/W

Bluefin tuna Thunnus Thynnus or maccoyi

Yellowfin tuna Thunnus albacares

(Bigeye tuna) Thunnus obesus

(Albacore) Thunnus alalunga

(Swordfish) Xiphias gladius

(Striped marlin) (White marlin) Tetraptunus audax or albidus

(Black marlin) Makaira indica

(Sailfish) Istiophorus albicane or platypterus

Skipjack Katsuwonus pelamis

(Miscellaneous fish)

Daily total (weight in kg only)

Saury

Squid

Livebait

(Other)

No

Weight (kg)

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

QUANTITIES LANDED (IN KG)

Notes

1 — Use one sheet per month and one line per day.

2 — At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain.

3 — ‘Day’ means the day when the longline is set in place.

4 — Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W.

5 — The last line (quantities landed) should be completed only at the end of the trip. The real weight at the time of landing must be indicated.

6 — All information reported herein will be kept strictly confidential.

Longline

Live bait

Purse seine

Trawl

Outros (Others)

Appendix 3

EMBARKATION OF OBSERVERS

Tuna seiners and surface longliners authorised to fish in the Malagasy fishing zone shall take on board an observer from the Fisheries Surveillance Centre holding a professional identity card and a seaman's licence. The time spent on board by observers shall be fixed by Madagascar's Fisheries Surveillance Centre, but, as a general rule, it should not exceed the time required to carry out their duties.

While on board, observers shall:

To that end, the owners and skippers of fishing vessels must:

Appendix 4

ZONE DE PÊCHE DE MADAGASCAR

Zone de pêche de Madagascar:

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            COMMISSION REGULATION (EC) No 556/2005

of 12 April 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:

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 April 2005.

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

Done at Brussels, 12 April 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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

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ANNEX

to Commission Regulation of 12 April 2005 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 557/2005

of 11 April 2005         

prohibiting fishing for Northern prawns by vessels flying the flag of a Member State other than Estonia, Latvia, Lithuania or Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Catches of Northern prawns in the waters of NAFO area 3L by vessels flying the flag of a Member State or registered in a Member State other than Estonia, Latvia, Lithuania or Poland are deemed to have exhausted the quota for 2005.

Fishing for Northern prawns in the waters of NAFO area 3L by vessels flying the flag of a Member State or registered in a Member State other than Estonia, Latvia, Lithuania or Poland is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.

Article 2

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

It shall apply from 24 February 2005.

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

Done at Brussels, 11 April 2005.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

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

(2)OJ L 12, 14.1.2005, p. 1.

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            COMMISSION REGULATION (EC) No 558/2005

of 12 April 2005         

amending Regulations (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 3846/87 is amended in accordance with the Annex to this Regulation.

Article 2

In Article 3 of Regulation (EC) No 174/1999 the fourth paragraph is deleted.

Article 3

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

It shall apply on export licences applied for from 27 May 2005.

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

Done at Brussels, 12 April 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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

(2)OJ L 366, 24.12.1987, p. 1. Regulation as last amended by Regulation (EC) No 2199/2004 (OJ L 380, 24.12.2004, p. 1).

(3)OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

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ANNEX

Sector 9 of Annex I to Regulation (EEC) No 3846/87 is amended as follows:

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            COMMISSION REGULATION (EC) No 559/2005

of 12 April 2005         

on initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2074/2004 on imports of certain ring binder mechanisms originating in the People’s Republic of China by imports of certain ring binder mechanisms consigned from Lao People’s Democratic Republic, whether declared as originating in Lao People’s Democratic Republic or not and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 13(3), 14(3) and 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

A.   REQUEST

B.   PRODUCT

C.   EXISTING MEASURES

D.   GROUNDS

E.   PROCEDURE

(a)   Questionnaires

(b)   Collection of information and holding of hearings

(c)   Exemption of registration of imports or measures

F.   REGISTRATION

G.   TIME LIMITS

H.   NON-COOPERATION

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 384/96, in order to determine if imports into the Community of certain ring binder mechanisms, falling within CN code ex 8305 10 00 (TARIC code 8305100013 and 8305100023), consigned from Lao People’s Democratic Republic, whether declared as originating in Lao People’s Democratic Republic or not, are circumventing the measures imposed by Regulation (EC) No 2074/2004.

For the purpose of this Regulation, ring binder mechanisms shall consist of two rectangular steel sheets or wires with at least four half rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel-made trigger mechanism fixed to the ring binder mechanism.

Article 2

The Customs authorities are hereby directed, pursuant to Articles 13(3) and 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of entry into force of this Regulation.

The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Community of products manufactured by producers having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.

Article 3

1.   Questionnaires should be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

2.   If their representations are to be taken into account during the investigation, interested parties must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 40 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

3.   Producers in Lao People’s Democratic Republic requesting exemption from registration of imports or measures should submit a request duly supported by evidence within the same 40-day time limit.

4.   Interested parties may also apply to be heard by the Commission within the same 40-day time limit.

5.   Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for exemption must be made in writing (not in electronic format, unless otherwise specified), must indicate the name, address, e-mail address, telephone, fax and/or telex numbers of the interested party. All written submission, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’                   (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’ and should be sent to the following address:

Article 4

This Regulation shall enter into force on the 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 April 2005.

For the Commission

Peter MANDELSON            

Member of the Commission

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

(2)OJ L 359, 4.12.2004, p. 11.

(3)  Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1).

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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II Acts whose publication is not obligatory

Commission

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            COMMISSION DECISION         

of 1 April 2005         

laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles

(notified under document number C(2004) 2849)

(Text with EEA relevance)

(2005/293/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (1), and in particular the third subparagraph of Article 7(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

1.   Member States shall calculate the reuse/recovery and reuse/recycling targets set out in the first subparagraph of Article 7(2) of Directive 2000/53/EC on the basis of the reused, recycled and recovered materials from de-pollution, dismantling and (post)-shredding operations. Member States shall ensure that for materials entering further treatment, the actually achieved recovery is taken into account.

To that end, Member States shall complete tables 1 to 4 set out in the Annex to this Decision together with an appropriate description of the data used.

2.   When completing tables 1 to 4 of the Annex to this Decision, Member States may also use a data-based assumption concerning the average percentage of reused, recycled and recovered metals of end-of-life vehicles, hereinafter the ‘metal content assumption’. That assumption shall be supported by detailed data explaining the assumed percentage of metal content, as well as the assumed percentage of metal reuse, recovery and recycling. This data should be valid in respect of at least 95 % of the end-of-life vehicles arising in the Member State in question.

3.   In the data, Member States shall include a breakdown of the following:

Article 2

1.   In the case of end-of-life vehicles, or materials or parts thereof, for which a certificate of destruction has been issued by a national authorised treatment facility, and which have been exported to other Member States or third countries for further treatment, that treatment shall be attributed to the exporting Member State, for the purpose of calculating the targets, if there is sound evidence that the recycling and/or recovery took place under conditions that are broadly equivalent to those prescribed by the Community legislation on the matter.

End-of-life vehicles for which another Member State or a third country has issued a certificate of destruction and which are imported for recovery and/or recycling into a Member State, shall not be counted as recovered or recycled in the importing Member State.

2.   In the case of exports to third countries, the Member States shall determine whether additional documentation is necessary to provide evidence that the exported materials are actually recycled or recovered.

Article 3

1.   The tables set out in the Annex shall be completed by the Member States on an annual basis, starting with data for 2006 and shall be sent to the Commission within 18 months of the end of the relevant year.

2.   For the years prior to 2006, Member States shall report the available data to the Commission within 12 months of the end of the relevant year. The data related to the years prior to 2006 will be used for monitoring purposes only.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 1 April 2005.

For the Commission

Stavros DIMAS            

Member of the Commission

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(1)OJ L 269, 21.10.2000, p. 34. Directive as last amended by Commission Decision 2005/63/EC (OJ L 25, 28.1.2005, p. 73).

(2)OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 574/2004 (OJ L 90, 27.3.2004, p. 15).

(3)OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

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ANNEX

Notes:

Table 1: Materials from de-pollution and dismantling (in tonnes per year) of end-of-life vehicles arising in the Member State and treated within the Member State

Table 2: Materials from shredding (in tonnes per year) of end-of-life vehicles arising in the Member State and treated within the Member State

Table 3: Monitoring of (parts of) end-of-life vehicles arising in the Member State and exported for further treatment (in tonnes per year)

Table 4: Total reuse, recovery and recycling (in tonnes per year) of end-of-life vehicles arising in the Member State and treated within or outside the Member State

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(1)OJ L 226, 6.9.2000, p. 3.

(2)  From 1 June 2004, date of the entry into force of Council Directive 1999/37/EC on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57), the weight of the vehicle in service shall be recorded under item G.

(3)OJ L 42, 23.2.1970, p. 1.

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            COMMISSION DECISION         

of 5 April 2005         

concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources

(notified under document number C(2005) 1032)

(Only the Danish text is authentic)

(2005/294/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1), and in particular point 2(b) of Annex III thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Denmark’s request submitted by letter of 8 January 2004 asking the Commission to allow derogation under point 2(b) of Annex III to Directive 91/676/EEC is approved, subject to the conditions laid down hereunder.

Article 2

Definitions

For the purpose of this decision, the following definitions shall apply:

Article 3

Scope

This derogation applies on an individual basis and under the conditions prescribed in Articles 4 to 6 to cattle farms where the crop rotation includes more than 70 % of particularly nitrogen consuming crops, with a long growing season.

Article 4

Annual authorisation and commitment

1.   Cattle farmers shall submit an application for derogation to the competent authorities annually.

2.   Together with that annual application, they shall undertake in writing to fulfil the conditions provided for in Articles 5 and 6.

Article 5

Application of manure and other fertilisers

The amount of livestock manure applied to the land each year on cattle farms, including by the animals themselves, shall not exceed the amount of manure containing 230 kg of nitrogen, under the following conditions:

Article 6

Land cover

1.   70 % or more of the acreage available for manure application on the cattle holding in question shall be cultivated with grass, grass catch crops or beets and other crops being undersown by grass with low nitrate leaching potential.

2.   Grass catch crops shall not be ploughed before 1 March in order to ensure permanent vegetal cover of arable area for recovering subsoil autumn losses of nitrates and limit winter losses.

3.   Temporary grasslands shall be ploughed in spring.

4.   Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This will however not apply to clover in grassland with less than 50 % clover and to barley/pea undersown with grass.

Article 7

Monitoring

1.   Two maps, showing the percentage of cattle farms and percentage of agricultural land encompassed by the derogation in each municipality of Denmark, shall be updated every year, and transmitted to the Commission. The first submission will take place in the last quarter of 2005.

2.   Survey and continuous nutrient analysis shall be carried out in the agricultural catchment national monitoring programme covering approximately 4 500 ha. The reference sites shall be chosen on sandy and clay soils.

3.   Survey and continuous nutrient analysis shall provide data on local land use, crop rotations and practices on cattle farms. These data can be used for model-based calculations of the magnitude of nitrate leaching from fields where up to 230 kg of nitrogen per hectare per year in livestock manure is applied based on scientific principles.

4.   In order to prove that the derogation will not jeopardise the objective of the national action programme and the Directive, a network of sampling of soil water, streams and of shallow groundwater established as agricultural catchment monitoring sites under the national monitoring programme shall be maintained to provide data on state of nitrate content in water leaving the root zone and entering the groundwater system.

Article 8

Reporting

1.   The results of the monitoring shall be transmitted every year to the Commission, with a concise report on evaluation practice (controls at cattle farm level) and water quality evolution (based on root zone leaching monitoring, surface/ground water quality and model-based calculations). Based on initial assessment, first results shall be transmitted by October 2005, a second report by October 2006 and a third report by June 2008.

2.   The results thus obtained will be taken into consideration by the Commission with regard to an eventual new request for derogation by the Danish authorities, to be assessed in the framework of the procedure of Article 9 of Directive 91/676/EEC.

Article 9

Validity

This derogation shall apply from 2 August 2004. It shall expire on 31 July 2008.

Article 10

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 5 April 2005.

For the Commission

Stavros DIMAS            

Member of the Commission

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(1)OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 319, 23.11.2002, p. 24.

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            STATEMENT BY THE COMMISSION         

concerning Article 2 of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights

(2005/295/EC)

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (1) states in Article 2(1) that the Directive applies to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.

The Commission considers that at least the following intellectual property rights are covered by the scope of the Directive:

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(1)OJ L 157, 30.4.2004, p. 45. Directive as corrected and republished in OJ L 195, 2.6.2004. p. 16.

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Acts adopted under Title V of the Treaty on European Union

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            COUNCIL DECISION 2005/296/CFSP, JHA

of 24 January 2005         

concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

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

Article 4

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

Done at Brussels, 24 January 2005.

For the Council

The President

F. BODEN            

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            AGREEMENT         

between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

represented by its Government,

of the one part,

and

THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,

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

of the other part,

Hereinafter referred to as ‘the Parties’,

MINDFUL OF the shared commitment to the stabilisation and association process that will remain the framework for the European course of the former Yugoslav Republic of Macedonia all the way to its future accession to the EU;

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

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

CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Parties;

RECOGNISING THAT full and effective consultation and cooperation may require access to either Party, classified information and material, as well as the exchange of classified information and related material between the Parties;

CONSCIOUS THAT such access to and exchange of classified information and related material requires appropriate security measures;

HAVE AGREED AS FOLLOWS:

Article 1

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

Article 2

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

Article 3

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

Article 4

Each Party shall:

Article 5

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

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

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

Article 6

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

Article 7

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

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

Article 8

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

Article 9

1.   For the purpose of this Agreement

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

Article 10

As regards the former Yugoslav Republic of Macedonia, the Director of the Directorate for Security of Classified Information, and the Secretaries-General of the Council and of the European Commission shall oversee the implementation of this Agreement.

Article 11

In order to implement this Agreement:

Article 12

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

Article 13

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

Article 14

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

Article 15

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

Article 16

All differences between the EU and the former Yugoslav Republic of Macedonia arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between the Parties.

Article 17

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

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

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

Article 18

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

A.   Letter from the European Union

Skopje, 25 March 2005               

The Government of the former Yugoslav Republic of Macedonia

Sir,

I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information.

The text of the aforementioned Agreement, herewith annexed, has been approved by Decision of the Council of the European Union on 24 January 2005.

This letter also constitutes the notification, on behalf of the European Union, in accordance with Article 17(1) of the Agreement.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

Michael SAHLIN               

EU Special Representative

B.   Letter from the former Yugoslav Republic of Macedonia

Skopje, 25 March 2005               

Sir,

On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of your letter of today’s date regarding the signature of the Agreement between the Republic of Macedonia and the European Union on the security procedures for the exchange of classified information, together with the attached text of the Agreement.

I consider this Exchange of Letters as equivalent of signature.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Agreement, having in mind that the constitutional name of my country is the Republic of Macedonia.

Please accept, Sir, the assurances of my highest consideration.

Dr Stojan SLAVESKI               

Director

C.   Letter from the European Union

Skopje, 25 March 2005               

Sir,

I have the honour to acknowledge receipt of your letter of today’s date.

The European Union notes that the Exchange of Letters between the European Union and the former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

Michael SAHLIN               

EU Special Representative

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