ISSN 1725-2555

Official Journal

of the European Union

L 158

European flag  

English edition

Legislation

Volume 48
21 June 2005


Contents

 

I   Acts whose publication is obligatory

page

 

 

Commission Regulation (EC) No 933/2005 of 20 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

 

Commission Regulation (EC) No 934/2005 of 20 June 2005 on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

3

 

*

Commission Regulation (EC) No 935/2005 of 20 June 2005 amending Regulation (EEC) No 2921/90 as regards the amount of the aid for the production of casein and caseinates from skimmed milk

5

 

*

Commission Regulation (EC) No 936/2005 of 20 June 2005 amending Regulation (EC) No 14/2004 as regards the forecast supply balances for the French overseas departments for cereals, vegetable oils, processed fruit and vegetable products and certain live animals

6

 

 

Commission Regulation (EC) No 937/2005 of 20 June 2005 fixing, for the period from 1 July 2004 to 31 March 2005, the aid for unginned cotton for the 2004/05 marketing year

10

 

 

Commission Regulation (EC) No 938/2005 of 20 June 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

12

 

 

Commission Regulation (EC) No 939/2005 of 20 June 2005 amending the export refunds on poultrymeat

14

 

 

Commission Regulation (EC) No 940/2005 of 20 June 2005 determining the percentage of quantities covered by applications for export licences for poultrymeat which may be accepted

16

 

*

Commission Directive 2005/42/EC of 20 June 2005 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annexes II, IV and VI thereto to technical progress ( 1 )

17

 

 

II   Acts whose publication is not obligatory

 

 

Commission

 

*

Commission Decision of 3 March 2005 authorising the placing on the market of foods and food ingredients derived from genetically modified maize line NK 603 as novel foods or novel food ingredients under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2005) 580)

20

 

*

Commission Decision of 20 June 2005 concerning a request for exemption from the vehicle tax rules submitted by France pursuant to Article 6(2)(b) of Directive 1999/62/EC of the European Parliament and of the Council on the charging of heavy goods vehicles for the use of certain infrastructures (notified under document number C(2005) 1818)  ( 1 )

23

 

*

Commission Decision of 20 June 2005 amending Decision 92/452/EEC as regards embryo collection teams in New Zealand and the United States of America (notified under document number C(2005) 1812)  ( 1 )

24

 

 

Acts adopted under Title VI of the Treaty on European Union

 

*

Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

26

 


 

(1)   Text with EEA relevance

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

21.6.2005   

EN

Official Journal of the European Union

L 158/1


COMMISSION REGULATION (EC) No 933/2005

of 20 June 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.

(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 21 June 2005.

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

Done at Brussels, 20 June 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 1947/2002 (OJ L 299, 1.11.2002, p. 17).


ANNEX

to Commission Regulation of 20 June 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

52,6

204

35,2

999

43,9

0707 00 05

052

82,1

999

82,1

0709 90 70

052

86,6

999

86,6

0805 50 10

388

60,1

528

61,6

624

69,9

999

63,9

0808 10 80

388

94,5

400

41,8

404

90,8

508

77,5

512

60,2

524

70,5

528

71,4

720

61,1

804

90,1

999

73,1

0809 10 00

052

202,7

999

202,7

0809 20 95

052

296,3

400

399,9

999

348,1

0809 30 10 , 0809 30 90

052

174,2

999

174,2

0809 40 05

052

130,1

999

130,1


(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’.


21.6.2005   

EN

Official Journal of the European Union

L 158/3


COMMISSION REGULATION (EC) No 934/2005

of 20 June 2005

on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98 (2),

Having regard to Commission Regulation (EC) No 2247/2003 of 19 December 2003 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 2286/2002 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) (3), and in particular Article 5 thereof,

Whereas:

(1)

Article 1 of Regulation (EC) No 2247/2003 provides for the possibility of issuing import licences for beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries.

(2)

The applications for import licences submitted between 1 to 10 June 2005, expressed in terms of boned meat, in accordance with Regulation (EC) No 2247/2003, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for.

(3)

The quantities in respect of which licences may be applied for from 1 July 2005 should be fixed within the scope of the total quantity of 52 100 t.

(4)

This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4),

HAS ADOPTED THIS REGULATION:

Article 1

The following Member States shall issue on 21 June 2005 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:

 

United Kingdom:

200 t originating in Botswana,

600 t originating in Namibia;

 

Germany:

300 t originating in Botswana,

370 t originating in Namibia.

Article 2

Licence applications may be submitted, pursuant to Article 4(2) of Regulation (EC) No 2247/2003, during the first 10 days of July 2005 for the following quantities of boned beef and veal:

Botswana:

15 106 t,

Kenya:

142 t,

Madagascar:

7 579 t,

Swaziland:

3 337 t,

Zimbabwe:

9 100 t,

Namibia:

8 155 t.

Article 3

This Regulation shall enter into force on 21 June 2005.

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

Done at Brussels, 20 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


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

(2)   OJ L 348, 21.12.2002, p. 5.

(3)   OJ L 333, 20.12.2003, p. 37. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(4)   OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).


21.6.2005   

EN

Official Journal of the European Union

L 158/5


COMMISSION REGULATION (EC) No 935/2005

of 20 June 2005

amending Regulation (EEC) No 2921/90 as regards the amount of the aid for the production of casein and caseinates from skimmed milk

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 15(b) thereof,

Whereas:

(1)

Article 2(1) of Commission Regulation (EEC) No 2921/90 of 10 October 1990 on aid for the production of casein and caseinates from skimmed milk (2) sets the amount of aid for the production of casein and caseinates from skimmed milk. In view of the development in the price of skimmed milk powder on the internal market and the price of casein and caseinates on the Community and world markets, the amount of the aid should be reduced.

(2)

Regulation (EEC) No 2921/90 should be amended accordingly.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Article (2)1 of Regulation (EEC) No 2921/90, ‘EUR 0,75’ is hereby replaced by ‘EUR 0,52’.

Article 2

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, 20 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(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 279, 11.10.1990, p. 22. Regulation as last amended by Regulation (EC) No 739/2005 (OJ L 122, 14.5.2005, p. 18).


21.6.2005   

EN

Official Journal of the European Union

L 158/6


COMMISSION REGULATION (EC) No 936/2005

of 20 June 2005

amending Regulation (EC) No 14/2004 as regards the forecast supply balances for the French overseas departments for cereals, vegetable oils, processed fruit and vegetable products and certain live animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom) (1), and in particular Articles 3(6) and 6(5) thereof,

Whereas:

(1)

Commission Regulation (EC) No 14/2004 of 30 December 2003 establishing the supply balances and Community aid for the supply of certain essential products for human consumption, for processing and as agricultural inputs and for the supply of live animals and eggs to the outermost regions under Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 (2), establishes forecast supply balances and fixes Community aid.

(2)

Current implementation of the annual supply balances for cereals, vegetable oils and processed fruit and vegetable products and for the supply of live animals for the French overseas departments shows that the quantities set for supplies of the above products are below requirements owing to unexpectedly higher demand.

(3)

There has been special demand for supplies of tinned tomatoes. The quantities of seed potatoes in the supply balance exceed current implementation. In the case of female buffalo, chicks and eggs, certain characteristics of the products to be supplied should be brought into line with the needs that have become apparent on holdings in the French overseas departments.

(4)

The quantities and descriptions of the above products and animals should be brought into line with actual needs in the French overseas departments concerned.

(5)

The measures provided for in this Regulation are in accordance with the opinions of the Management Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 14/2004 is hereby amended as follows:

1.

parts 1 to 4 of Annex I are replaced by the text in Annex I hereto;

2.

parts 1, 2 and 4 of Annex II are replaced by the text in Annex II hereto.

Article 2

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

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

Done at Brussels, 20 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)   OJ L 198, 21.7.2001, p. 11. Regulation as last amended by Regulation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(2)   OJ L 3, 7.1.2004, p. 6. Regulation as last amended by Regulation (EC) No 2138/2004 (OJ L 369, 16.12.2004, p. 24).


ANNEX I

‘Part 1

Cereals and cereal products intended for human consumption and animal feed; oilseeds, protein crops and dried fodder

Forecast supply balance and Community aid for the supply of Community products per calendar year

Department

Description

CN code

Quantity

(tonnes)

Aid

(EUR/tonne)

I

II

III

Guadeloupe

Common wheat, barley, maize and malt

1001 90 , 1003 00 , 1005 90 and 1107 10

58 000

42

 (*1)

French Guiana

Common wheat, barley, maize, products intended as animal feed and malt

1001 90 , 1003 00 , 1005 90 , 2309 90 31 , 2309 90 41 , 2309 90 51 , 2309 90 33 , 2309 90 43 , 2309 90 53 and 1107 10

6 445

52

 (*1)

Martinique

Common wheat, barley, maize, groats and meal of durum wheat, oats and malt

1001 90 , 1003 00 , 1005 90 , 1103 11 , 1004 00 and 1107 10

52 000

42

 (*1)

Réunion

Common wheat, barley, maize and malt

1001 90 , 1003 00 , 1005 90 and 1107 10

188 000

48

 (*1)

Part 2

Vegetable oils

Forecast supply balance and Community aid for the supply of Community products per calendar year

Description

CN Code

Department

Quantity

(tonnes)

Aid

(EUR/tonne)

I

II

III

Vegetable oils (1)

1507 to 1516  (2)

Martinique

300

71

 (3)

Guadeloupe

300

71

 (3)

Réunion

11 000

 

91

 (3)

French Guiana

100

91

 (3)

Total

11 700

Part 3

Processed fruit and vegetable products

Forecast supply balance and Community aid for the supply of Community products per calendar year

Description

CN code

Department

Quantity

(tonnes)

Aid

(EUR/tonne)

I

II

III

Fruit purée obtained by cooking, whether or not containing added sugar or other sweetening matter, for processing

ex 2007

All

100

395

Fruit pulp otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, for processing

ex 2008

French Guiana

 

586

Guadeloupe

950

408

Martinique

 

408

Réunion

 

456

Concentrated fruit juices (including grape must), unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter, for processing

ex 2009

French Guiana

500

 

727

 

Martinique

311

 (*2)

Réunion

311

 

Guadeloupe

311

 

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2002

All

100

91

 (*2)

Part 4

Seeds

Forecast supply balance and Community aid for the supply of Community products per calendar year

Description

CN Code

Department

Quantity

(tonnes)

Aid

(EUR/tonne)

I

II

III

Seed potatoes

0701 10 00

Réunion

50

 

94 ’

 


(*1)  The aid is equal to the refund on products falling within the same CN code, granted under Article 7 of Commission Regulation (EC) No 1501/95 (OJ L 147, 30.6.1995, p. 7).

(1)  Intended for the processing industry.

(2)  Except 1509 and 1510.

(3)  The aid is equal to the refund on products falling within the same CN code, granted under Article 3(3) of Regulation No 136/66/EEC.

(*2)  The aid is equal to the refund on products falling within the same CN code, granted under Article 16 of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).


ANNEX II

‘Part 1

Bovine animals and equines

Number of animals and aid for supplying animals from the Community per calendar year

Description

CN Code

Department

Quantity

Aid

(EUR/animal)

Breeding horses

0101 11 00

All

7

1 100

Live bovine animals:

 

 

 

breeding bovine animals (1)

0102 10

 

 

breeding buffalo

ex 0102 10 90

600

1 100

bovine animals for fattening (2)  (3)

0102 90

200

Part 2

Poultry and rabbits

Number of animals and aid for supplying animals from the Community per calendar year

Description

CN Code

Department

Quantity

(number of animals or units)

Aid

(EUR/animal or unit)

Chicks

ex 0105 11

All

85 240

0,48

Hatching eggs for the production of chicks

ex 0407 00 19

800 000

0,17

Breeding rabbits

 

 

 

Domestic breeding rabbits

ex 0106 19 10

800

33 ’

‘Part 4

Sheep and goats

Number of animals and aid for supplying animals from the Community per calendar year

Description

CN Code

Department

Quantity

(number of animals)

Aid

(EUR/animal)

Breeding sheep and goats:

 

All

 

 

male animals

ex 0104 10 and ex 0104 20

30

312

female animals

ex 0104 10 and ex 0104 20

210

192 ’


(1)  Entry under this subheading is subject to the conditions laid down in the relevant Community provisions.

(2)  Only those originating in third countries.

(3)  Eligibility for exemption from import duties is subject to:

a declaration by the importer, made on the arrival of the animals in the French overseas departments, to the effect that they are intended for fattening there for a period of 60 days from their actual date of arrival and are to be consumed there afterwards,

a written undertaking by the importer, made on the arrival of the animals, to inform the competent authorities, within one month of the animals' arrival, of the holding or holdings where the animals are to be fattened,

proof to be furnished by the importer that, except in cases of force majeure, the animal has been fattened on the holding or holdings indicated in accordance with the second indent, that it has not been slaughtered before the end of the period provided for in the first indent, or that it has been slaughtered for health reasons or has died as a result of illness or accident.


21.6.2005   

EN

Official Journal of the European Union

L 158/10


COMMISSION REGULATION (EC) No 937/2005

of 20 June 2005

fixing, for the period from 1 July 2004 to 31 March 2005, the aid for unginned cotton for the 2004/05 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton (1) thereof,

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 4(1) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3) provides that the amount of aid for unginned cotton applicable for each period for which a world market price for that product has been determined, is to be fixed no later than 30 June of the marketing year concerned.

(2)

In accordance with Article 7 of Regulation (EC) No 1051/2001, Commission Regulation (EC) No 905/2005 (4) fixes actual production of unginned cotton and the resulting reduction in the guide price for the 2004/05 marketing year.

(3)

In accordance with Article 4(1) of Regulation (EC) No 1051/2001, the world market price for unginned cotton was fixed periodically during the 2004/05 marketing year.

(4)

The amount of aid applicable for each period for which a world market price for unginned cotton has been determined should accordingly be fixed for the 2004/05 marketing year,

HAS ADOPTED THIS REGULATION:

Article 1

For the period from 1 July 2004 to 31 March 2005, the amounts of the aid for unginned cotton corresponding to the world market prices established in the Regulations listed in the Annex hereto are fixed in that Annex from the date of entry into force of the Regulations concerned.

Article 2

This Regulation shall enter into force on the seventh 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, 20 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  Protocol as last amended by Council Regulation (EC) No 1050/2001 (OJ L 148, 1.6.2001, p. 1).

(2)   OJ L 148, 1.6.2001, p. 3.

(3)   OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation (EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

(4)   OJ L 154, 17.6.2005, p. 3.


ANNEX

AID FOR UNGINNED COTTON

(EUR/100 kg)

Commision Regulation fixing the world market price for unginned cotton No

Aid amount

Greece

Spain

Portugal

1218/2004 (1)

59,946

56,651

84,076

1239/2004 (2)

61,029

57,734

85,159

1271/2004 (3)

61,684

58,389

85,814

1334/2004 (4)

62,119

58,824

86,249

1399/2004 (5)

62,684

59,389

86,814

1434/2004 (6)

62,720

59,425

86,850

1490/2004 (7)

62,327

59,032

86,457

1510/2004 (8)

61,088

57,793

85,218

1554/2004 (9)

60,531

57,236

84,661

1593/2004 (10)

60,545

57,250

84,675

1642/2004 (11)

61,719

58,424

85,849

1649/2004 (12)

61,640

58,345

85,770

1710/2004 (13)

62,324

59,029

86,454

1752/2004 (14)

62,436

59,141

86,566

1824/2004 (15)

62,982

59,687

87,112

1913/2004 (16)

63,966

60,671

88,096

1940/2004 (17)

64,793

61,498

88,923

1998/2004 (18)

65,240

61,945

89,370

2058/2004 (19)

65,491

62,196

89,621

2115/2004 (20)

65,513

62,218

89,643

2197/2004 (21)

65,512

62,217

89,642

2234/2004 (22)

65,662

62,367

89,792

30/2005 (23)

64,589

61,294

88,719

90/2005 (24)

63,928

60,633

88,058

164/2005 (25)

64,610

61,315

88,740

230/2005 (26)

64,199

60,904

88,329

288/2005 (27)

63,800

60,505

87,930

346/2005 (28)

63,041

59,746

87,171

398/2005 (29)

62,978

59,683

87,108

455/2005 (30)

63,159

59,864

87,289

492/2005 (31)

61,932

58,637

86,062


(1)   OJ L 232, 1.7.2004, p. 32.

(2)   OJ L 235, 6.7.2004, p. 8.

(3)   OJ L 240, 10.7.2004, p. 5.

(4)   OJ L 247, 21.7.2004, p. 13.

(5)   OJ L 255, 31.7.2004, p. 23.

(6)   OJ L 264, 11.8.2004, p. 10.

(7)   OJ L 273, 21.8.2004, p. 20.

(8)   OJ L 276, 26.8.2004, p. 12.

(9)   OJ L 282, 1.9.2004, p. 6.

(10)   OJ L 290, 11.9.2004, p. 4.

(11)   OJ L 295, 18.9.2004, p. 31.

(12)   OJ L 296, 21.9.2004, p. 15.

(13)   OJ L 305, 1.10.2004, p. 47.

(14)   OJ L 312, 9.10.2004, p. 10.

(15)   OJ L 320, 21.10.2004, p. 20.

(16)   OJ L 328, 30.10.2004, p. 94.

(17)   OJ L 335, 11.11.2004, p. 4.

(18)   OJ L 344, 20.11.2004, p. 30.

(19)   OJ L 355, 1.12.2004, p. 24.

(20)   OJ L 366, 11.12.2004, p. 13.

(21)   OJ L 373, 21.12.2004, p. 35.

(22)   OJ L 379, 24.12.2004, p. 77.

(23)   OJ L 7, 11.1.2005, p. 4.

(24)   OJ L 19, 21.1.2005, p. 25.

(25)   OJ L 28, 1.2.2005, p. 14.

(26)   OJ L 39, 11.2.2005, p. 37.

(27)   OJ L 48, 19.2.2005, p. 18.

(28)   OJ L 55, 1.3.2005, p. 9.

(29)   OJ L 65, 11.3.2005, p. 3.

(30)   OJ L 74, 19.3.2005, p. 40.

(31)   OJ L 81, 30.3.2005, p. 43.


21.6.2005   

EN

Official Journal of the European Union

L 158/12


COMMISSION REGULATION (EC) No 938/2005

of 20 June 2005

fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,

Whereas:

(1)

Under Articles 2(2) and 3 of Regulation (EEC) No 4088/87, Community import and producer prices are fixed each fortnight for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses and apply for two-week periods. Under Article 1(b) of Commission Regulation (EEC) No 700/88 of 17 March 1988 laying down detailed rules for the application of the arrangements for the import into the Community of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (2), those prices are determined for two-week periods on the basis of weighted prices provided by the Member States.

(2)

Those prices should be fixed immediately so the customs duties applicable can be determined.

(3)

Following the accession of Cyprus to the European Union on 1 May 2004, it is no longer necessary to fix import prices for Cyprus.

(4)

Likewise, it is no longer necessary to fix import prices for Israel, Morocco and the West Bank and the Gaza Strip, in order to take account of the agreements approved by Council Decisions 2003/917/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Israel Association Agreement (3), 2003/914/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 3 to the EC-Morocco Association Agreement (4) and 2005/4/EC of 22 December 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement (5).

(5)

The Commission must adopt these measures in between the meetings of the Management Committee for Live Plants and Floriculture Products,

HAS ADOPTED THIS REGULATION:

Article 1

The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1 of Regulation (EEC) No 4088/87 shall be as set out in the Annex hereto for the period from 22 June to 5 July 2005.

Article 2

This Regulation shall enter into force on the day 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, 20 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 5.7.1997, p. 1).

(2)   OJ L 72, 18.3.1988, p. 16. Regulation as last amended by Regulation (EC) No 2062/97 (OJ L 289, 22.10.1997, p. 1).

(3)   OJ L 346, 31.12.2003, p. 65.

(4)   OJ L 345, 31.12.2003, p. 117.

(5)   OJ L 2, 5.1.2005, p. 4.


ANNEX

(EUR/100 pieces)

Period from 22 June to 5 July 2005

Community producer price

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

 

18,52

13,24

28,11

11,42

Community import prices

Uniflorous (bloom)

carnations

Multiflorous (spray)

carnations

Large-flowered roses

Small-flowered roses

Jordan


21.6.2005   

EN

Official Journal of the European Union

L 158/14


COMMISSION REGULATION (EC) No 939/2005

of 20 June 2005

amending the export refunds on poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular Article 8(3) thereof,

Whereas:

(1)

The export refunds on poultrymeat were fixed by Commission Regulation (EC) No 755/2005 (2).

(2)

It follows from applying the criteria referred to in Article 8 of Regulation (EEC) No 2777/75 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1) of Regulation (EEC) No 2777/75, exported in the natural state, as fixed in the Annex to Regulation (EC) No 755/2005 are hereby altered as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 June 2005.

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

Done at Brussels, 20 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)   OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)   OJ L 126, 19.5.2005, p. 34.


ANNEX

Export refunds on poultrymeat applicable from 21 June 2005

Product code

Destination

Unit of measurement

Amount of refund

0105 11 11 9000

A02

EUR/100 pcs

0,80

0105 11 19 9000

A02

EUR/100 pcs

0,80

0105 11 91 9000

A02

EUR/100 pcs

0,80

0105 11 99 9000

A02

EUR/100 pcs

0,80

0105 12 00 9000

A02

EUR/100 pcs

1,70

0105 19 20 9000

A02

EUR/100 pcs

1,70

0207 12 10 9900

V01

EUR/100 kg

0207 12 10 9900

A24

EUR/100 kg

0207 12 90 9190

V01

EUR/100 kg

0207 12 90 9190

A24

EUR/100 kg

0207 12 90 9990

V01

EUR/100 kg

0207 12 90 9990

A24

EUR/100 kg

NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are defined as follows:

V01

Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran.


21.6.2005   

EN

Official Journal of the European Union

L 158/16


COMMISSION REGULATION (EC) No 940/2005

of 20 June 2005

determining the percentage of quantities covered by applications for export licences for poultrymeat which may be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1372/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the poultrymeat sector (1), and in particular Article 3(4) thereof,

Whereas:

(1)

Regulation (EC) No 1372/95 provides for specific measures where applications for export licences concern quantities and/or expenditure which exceed the normal trade patterns or where there is a risk that they will be exceeded, taking account of the limit referred to in Article 8(11) of Council Regulation (EEC) No 2777/75 (2), and/or the corresponding expenditure during the period in question.

(2)

Uncertainty is a feature of the market in certain poultrymeat products. The impending adjustment of the refunds applicable to those products has led to the submission of applications for export licences for speculative ends. There is a risk that the issue of licences for the quantities applied for from 13 to 17 June and 20 June 2005 may lead to an overrun in the quantities of the products concerned normally disposed of by way of trade. Applications covering the products concerned in respect of which export licences have not yet been granted should be rejected,

HAS ADOPTED THIS REGULATION:

Article 1

No further action shall be taken in respect of applications submitted for export licences for poultrymeat of 13 to 17 June and 20 June 2005 pursuant to Regulation (EC) No 1372/95 in respect of category three of Annex I to that Regulation which should have been issued from 22 June and from 29 June 2005 respectively.

Article 2

This Regulation shall enter into force on 21 June 2005.

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

Done at Brussels, 20 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)   OJ L 133, 17.6.1995, p. 26. Regulation as last amended by Regulation (EC) No 1383/2001 (OJ L 186, 7.7.2001, p. 26).

(2)   OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p.1).


21.6.2005   

EN

Official Journal of the European Union

L 158/17


COMMISSION DIRECTIVE 2005/42/EC

of 20 June 2005

amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annexes II, IV and VI thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers,

Whereas:

(1)

On the basis of the assessment of the cutaneous toxicities of costus root oil (Saussurea lappa Clarke), 7-Ethoxy-4-methylcoumarin, hexahydrocoumarin and peru balsam (Myroxylon pereirae), the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP) is of the opinion that those substances should not be used as fragrance ingredients in cosmetic products. They should therefore be included in Annex II to Directive 76/768/EEC.

(2)

Azo-dyes CI 12150, CI 20170 and CI 27290 are included in Part 1 of Annex IV to Directive 76/768/EEC as colouring agents which are allowed for use in cosmetic products. The safety of those colorants has been questioned on the ground that they may form carcinogenic amines during metabolism. The SCCNFP is of the opinion, based on the available information, that the use of the colorants CI 12150, CI 20170 and CI 27290 poses a risk to the health of the consumer as they may release one or more carcinogenic aromatic amines. Those colorants should therefore be excluded from Part 1 of Annex IV to Directive 76/768/EEC.

(3)

Benzethonium chloride is included as reference number 53 in Part 1 of Annex VI to Directive 76/768/EEC as a preservative which may be employed in rinse-off cosmetic products up to a concentration of 0,1 %. It is the opinion of the SCCNFP that Benzethonium chloride should also be allowed to be employed in leave-on cosmetic products other than for oral care use up to a concentration of 0,1 %. The entry under the reference number 53 in Part 1 of Annex VI to Directive 76/768/EEC should therefore be amended accordingly.

(4)

The SCCNFP is of the opinion that Methylisothiazolinone does not pose a risk to the health of consumers if employed in finished cosmetic products as a preservative up to a concentration of 0,01 %. Methylisothiazolinone should therefore be included in Part 1 of Annex VI to Directive 76/768/EEC as reference number 57.

(5)

Directive 76/768/EEC should therefore be amended accordingly.

(6)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes II, IV and VI to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.

Article 2

Member States shall take the necessary measures to ensure that from 31 March 2006 cosmetic products which fail to comply with Annexes II and IV of Directive 76/768/EEC as amended by this Directive are not placed on the market by Community manufacturers or by importers established within the Community, nor sold or disposed of to the final consumer.

Article 3

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 20 June 2005.

For the Commission

Günter VERHEUGEN

Vice-President


(1)   OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2005/9/EC (OJ L 27, 29.1.2005, p. 46).


ANNEX

The Annexes to Directive 76/768/EEC are amended as follows:

1.

in Annex II, the following reference numbers are added:

‘1133.

Costus root oil (Saussurea lappa Clarke) (CAS No 8023-88-9), when used as a fragrance ingredient

1134.

7-Ethoxy-4-methylcoumarin (CAS No 87-05-8), when used as a fragrance ingredient

1135.

Hexahydrocoumarin (CAS No 700-82-3), when used as a fragrance ingredient

1136.

Peru balsam (INCI name: Myroxylon pereirae; CAS No 8007-00-9), when used as a fragrance ingredient’

2.

in Part 1 of Annex IV, colouring agents CI 12150, CI 20170 and CI 27290 are deleted.

3.

Part 1 of Annex VI is amended as follows:

(a)

the reference number 53 is replaced by the following:

Reference number

Substance

Maximum authorised concentration

Limitations and requirements

Conditions of use and warnings which must be printed on the label

a

b

c

d

e

‘53

Benzethonium Chloride (INCI)

0,1  %

(a)

Rinse-off products,

(b)

Leave-on products other than for oral care use’

 

(b)

the following entry is added as reference number 57:

Reference number

Substance

Maximum authorised concentration

Limitations and requirements

Conditions of use and warnings which must be printed on the label

a

b

c

d

e

‘57

Methylisothiazolinone (INCI)

0,01  %’

 

 


II Acts whose publication is not obligatory

Commission

21.6.2005   

EN

Official Journal of the European Union

L 158/20


COMMISSION DECISION

of 3 March 2005

authorising the placing on the market of foods and food ingredients derived from genetically modified maize line NK 603 as novel foods or novel food ingredients under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document number C(2005) 580)

(Only the French and Dutch texts are authentic)

(2005/448/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), (hereinafter referred to as the Regulation), and in particular Article 7 thereof,

Whereas:

(1)

On 24 April 2001, Monsanto submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of the Regulation, for placing on the market foods and food ingredients derived from genetically modified maize line NK 603 as novel foods or as novel food ingredients.

(2)

In their initial assessment report of 5 November 2002, the Netherlands’ competent food assessment body came to the conclusion that foods and food ingredients derived from maize NK 603 are as safe as foods and food ingredients derived from conventional maize and may be used in the same manner.

(3)

The Commission forwarded the initial assessment report to all Member States on 6 January 2003. Within the 60 days period laid down in Article 6(4) of the Regulation, reasoned objections to the marketing of the product were raised in accordance with that provision.

(4)

On 27 August 2003, the Commission requested an opinion from the European Food Safety Authority (EFSA), in accordance with Article 11 of the Regulation. On 25 November 2003, EFSA delivered its opinion that NK 603 maize is as safe as conventional maize and therefore the placing on the market of NK 603 maize for food or feed or processing is unlikely to have an adverse effect on human and animal health and, in that context, the environment (2). In delivering its opinion, the EFSA considered all specific questions and concerns raised by the Member States.

(5)

Article 46(1) of Regulation (EC) No 1829/2003 on genetically modified food and feed (3) provides that requests submitted under Article 4 of Regulation (EC) No 258/97 before the date of application of this Regulation shall be processed under the provisions of Regulation (EC) No 258/97, notwithstanding Article 38 of Regulation (EC) No 1829/2003, in cases where the additional assessment report required in accordance with Article 6(3) of Regulation (EC) No 258/97 has been transmitted to the Commission before the date of application of Regulation (EC) No 1829/2003.

(6)

The Joint Research Centre of the European Commission (JRC) in collaboration with the European Network of GMO Laboratories (ENGL), has validated a method for detection of the NK 603 maize. The JRC has carried out a full validation study (ring-trial) following internationally accepted guidelines to test the performance of a quantitative event-specific method to detect and quantify the NK 603 transformation event in maize. The materials needed in the study had been provided by Monsanto. The JRC has considered that the method performance was appropriate for its aimed purpose, taken into account the performance criteria proposed by the ENGL for methods submitted for regulatory compliance as well as the current scientific understanding about satisfactory method performance. Both the method and the results of the validation have been made publicly available.

(7)

Reference material for maize from genetically modified maize line NK 603 has been produced by the Joint Research Centre (JRC) of the European Commission.

(8)

Food and food ingredients from genetically modified maize line NK 603 should be labelled in accordance with the provisions of Regulation (EC) No 1829/2003 and should be subject to the traceability requirements laid down in Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (4).

(9)

In accordance with Commission Regulation (EC) No 65/2004 (5), a unique identifier has been assigned to the product for the purposes of Regulation (EC) No 1830/2003.

(10)

Information, contained in the Annex, on the identification of foods and food ingredients derived from genetically modified maize line NK 603, including the validated detection method and the reference material, should be retrievable from the Register referred to in Article 28 of Regulation (EC) No 1829/2003.

(11)

The Standing Committee on the Food Chain and Animal Health has not given an opinion; the Commission has therefore submitted a proposal to the Council on 4 February 2004 pursuant to Article 13(b) of Regulation (EC) No 258/97 and in accordance with Article 5(4) of the Council Decision 1999/468/EC (6), the Council being-required to act within three months.

(12)

However, the Council has not acted within the required time-limit; a Decision should now be adopted by the Commission.

HAS ADOPTED THIS DECISION:

Article 1

Foods and food ingredients derived from genetically modified maize line NK 603 (hereinafter referred to as the products), as designated and specified in the Annex, may be placed on the Community market as novel foods or novel food ingredients.

Article 2

The products shall be labelled as ‘genetically modified maize’ or ‘produced from genetically modified maize’ in accordance with the labelling requirements laid down in Article 13 of Regulation (EC) No 1829/2003.

Article 3

The products and the information included in the Annex shall be entered in the Community register of genetically modified food and feed.

Article 4

This Decision is addressed to Monsanto Europe SA, Avenue de Tervuren 270-272, B-1150 Brussels, Belgium, representing the Monsanto Company, United States of America. It shall be valid for a period of 10 years.

Done at Brussels, 3 March 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)   OJ L 43, 14. 2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2)  The EFSA Journal (2003) 9, 1-14.

(3)   OJ L 268, 18.10.2003, p. 1.

(4)   OJ L 268, 18.10.2003, p. 24.

(5)   OJ L 10, 16.1.2004, p. 5.

(6)   OJ L 184, 17.7.1999, p. 23.


ANNEX

INFORMATION TO BE ENTERED IN THE COMMUNITY REGISTER OF GENETICALLY MODIFIED FOOD AND FEED

(a)    Authorisation holder:

Name: Monsanto Europe SA

Address: Avenue de Tervuren 270-272, B-1150 Brussels, Belgium

On behalf of Monsanto Company, 800 N. Lindbergh Boulevard St. Louis, Missouri 63167, United States of America.

(b)    Designation and specification of the products:

Foods and food ingredients derived from genetically modified maize (Zea maize L.) line NK 603 with increased tolerance to the herbicide glyphosate and from all its crosses with traditionally bred maize lines. Maize line NK 603 contains the following DNA sequences in two intact cassettes:

A 5-enolpyruvylshikimate-3-phosphate synthase (epsps) gene derived from Agrobacterium spec. strain CP (CP4 EPSPS), which imparts tolerance to glyphosate, under the regulation of the rice actin 1 gene promoter, terminator sequence from Agrobacterium tumefaciens and the chloroplast transit peptide sequence from the epsps gene of Arabidopsis thaliana,

A 5-enolpyruvylshikimate-3-phosphate synthase (epsps) gene derived from Agrobacterium spec. strain CP (CP4 EPSPS), which imparts tolerance to glyphosate, under the regulation of an enhanced 35S promoter derived from cauliflower mosaic virus, terminator sequence from Agrobacterium tumefaciens and the chloroplast transit peptide sequence from the epsps gene of Arabidopsis thaliana.

(c)    Labelling: ‘Genetically modified maize’ or ‘produced from genetically modified maize’

(d)    Method for detection:

Event specific real-time quantitative PCR based method for genetically modified NK 603 maize.

Validated by the Joint Research Centre (JRC) of the European Commission, in collaboration with the European Network of GMO Laboratories (ENGL), to be published at http://gmo-crl.jrc.it/statusofdoss.htm.

Reference Material: IRMM-415 produced by the Joint Research Centre (JRC) of the European Commission.

(e)    Unique identifier: MON-00603-6

(f)    Information required under Annex II to the Cartagena Protocol: Not applicable

(g)    Conditions or restrictions on the placing on the market of the product: Not applicable

(h)    Post market monitoring requirements: Not appropriate.


21.6.2005   

EN

Official Journal of the European Union

L 158/23


COMMISSION DECISION

of 20 June 2005

concerning a request for exemption from the vehicle tax rules submitted by France pursuant to Article 6(2)(b) of Directive 1999/62/EC of the European Parliament and of the Council on the charging of heavy goods vehicles for the use of certain infrastructures

(notified under document number C(2005) 1818)

(Only the French text is authentic)

(Text with EEA relevance)

(2005/449/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (1), and in particular Article 6 thereof,

Whereas:

(1)

According to Article 6(2)(b) of Directive 1999/62/EC of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, Member States may apply reduced rates or exemptions for vehicles which travel only occasionally on the public roads of the Member State of registration and are used by natural or legal persons whose main occupation is not the carriage of goods, provided that the transport operations carried out by these vehicles do not cause distortions of competition. This reduction or exemption is subject to the Commission's agreement.

(2)

France has requested the Commission to agree on the exemption from the vehicle tax according to Directive 1999/62/EC for vehicles of 12 tonnes or more, which are used exclusively in connection with public and industrial works in France.

(3)

The conditions foreseen by Article 6(2)(b) of Directive 1999/62/EC are fulfilled, as these vehicles do not permanently use public roads, as these vehicles are not used to carry goods and furthermore as these vehicles do not cause a distortion of competition because they cannot be used for carriage of any goods other than those permanently installed at the vehicle and used for their own activity.

(4)

The agreement should be given for a limited time.

(5)

The exemption requested by France should therefore be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Commission hereby gives its agreement to exempt until 31 December 2009 from vehicle tax in accordance with Article 6(2)(b) of Directive 1999/62/EC the following vehicles of 12 tonnes or more, which are used exclusively for the carriage of permanently installed equipment for public and industrial works in France:

1.

Self-propelled lifting and handling gear (cranes mounted on road chassis);

2.

Mobile pumps or pumping stations permanently mounted on road chassis;

3.

Mobile motor compressor sets permanently mounted on road chassis;

4.

Concrete mixers and pumps permanently mounted on road chassis (except drum vehicles for transporting concrete);

5.

Mobile generating sets permanently mounted on road chassis;

6.

Mobile drilling machines permanently mounted on road chassis.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 20 June 2005.

For the Commission

Jacques BARROT

Vice-President


(1)   OJ L 187, 20.7.1999, p. 42. Directive as amended by the 2003 Act of Accession.


21.6.2005   

EN

Official Journal of the European Union

L 158/24


COMMISSION DECISION

of 20 June 2005

amending Decision 92/452/EEC as regards embryo collection teams in New Zealand and the United States of America

(notified under document number C(2005) 1812)

(Text with EEA relevance)

(2005/450/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8(1) thereof,

Whereas:

(1)

Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

(2)

New Zealand has requested that amendments should be made to the list as regards entries for that country, notably the deletion of seven centres and amendments to the addresses of three centres. Furthermore, New Zealand has changed the lettering in the approval number of centres.

(3)

The United States of America have requested that amendments should be made to the list as regards entries for that country, notably the addition of one centre and amendments to the addresses of three centres.

(4)

New Zealand and the United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of those countries.

(5)

Decision 92/452/EEC should therefore be amended accordingly.

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 24 June 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)   OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)   OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2005/29/EC (OJ L 15, 19.1.2005, p. 34).


ANNEX

The Annex to Decision 92/452/EEC is amended as follows:

(a)

the list for New Zealand is replaced by the following:

‘NZ

 

NZEB01

 

Premier Genetics NZ Ltd

Ingram Road, RD 3, Drury

South Auckland

Dr Thomas Edward Dixon, Dr John Crawford

NZ

 

NZEB02

 

Animal Breeding Services Ltd,

Kihikihi ET Centre

3680 State Highway 3, RD 2

Hamilton

Dr John David Hepburn, Dr Lindsay Chitty

NZ

 

NZEB04

 

Advanced Genetics,

100 Paradise Gully Road,

RD 5C

Oamaru

Dr Neil Sanderson’

(b)

the row for United States of America embryo collection team No 92VA055 E794 is replaced by the following:

‘US

 

92VA055 E794

 

2420, Grace Chapel Road,

Harrisonburg, VA 22801

Randall Hinshaw’

(c)

the row for United States of America embryo collection team No 92VA056 E794 is replaced by the following:

‘US

 

92VA056 E794

 

2420, Grace Chapel Road,

Harrisonburg, VA 22801

Sarah S. Whitman’

(d)

the row for United States of America embryo collection team No 96TX088 E928 is replaced by the following:

‘US

 

96TX088 E928

 

Ultimate Genetics/Normangee,

4140 OSR Normangee,

TX 77871

Dr Joe Oden’

(e)

the following row for the United States of America is added:

‘US

 

04TN113 E795

 

Large Animal Services

Embryo Transfer Center

272 Bowers Road Greeneville,

TN 37743

Mitchell L. Parks’


Acts adopted under Title VI of the Treaty on European Union

21.6.2005   

EN

Official Journal of the European Union

L 158/26


COUNCIL DECISION 2005/451/JHA

of 13 June 2005

fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1) (the Council Regulation), and in particular to Article 2(2) thereof,

Whereas:

(1)

On 24 February 2005 the Council adopted Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (2).

(2)

Pursuant to Article 2(1), (2) and (3) of that Decision, some of its provisions take effect on the dates specified therein.

(3)

It is appropriate for identical provisions of the Council Regulation, to apply from the same dates.

(4)

Article 2(2) of the Council Regulation specifies that the Council Regulation will apply from a date to be fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to set different dates for the application of different provisions.

(5)

The preconditions referred to in Article 2(2) of the Council Regulation have been fulfilled in respect of Article 1(1), (3), (7) and (8) thereof.

(6)

As regards Iceland and Norway, this Decision constitutes a development of those provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (3), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (4).

(7)

As regards Switzerland, this Decision constitutes a development of those provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (6),

HAS DECIDED AS FOLLOWS:

Article 1

1.   Article 1(1) and (3) of the Council Regulation shall apply from 13 June 2005.

2.   Article 1(7) and (8) of the Council Regulation shall apply from 11 September 2005.

3.   Article 1(1), (3), (7) and (8) of the Council Regulation shall apply in respect of Iceland and Norway from 10 December 2005.

Article 2

This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

Done at Luxembourg, 13 June 2005.

For the Council

The President

J. ASSELBORN


(1)   OJ L 162, 30.4.2004, p. 29.

(2)   OJ L 68, 15.3.2005, p. 44.

(3)   OJ L 176, 10.7.1999, p. 36.

(4)   OJ L 176, 10.7.1999, p. 31.

(5)  Council doc. 13054/04 accessible on http://register.consilium.eu.int

(6)   OJ L 368, 15.12.2004, p. 26 and OJ L 370, 17.12.2004, p. 78.