(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,

(1)

It is necessary to establish at Community level rules on the minimum information to be contained in a fishing licence in order to facilitate and ensure a homogeneous control of fishing activities, and in particular information on the licence holder, the vessel, the fishing capacity and the fishing gear.

(2)

The fishing licence constitutes a relevant fleet management tool, in particular concerning the capacity limitations as laid down in Articles 12 and 13 of Regulation (EC) No 2371/2002 and in Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (2). The total capacity of a Member State’s fleet as expressed in the licences issued may not exceed those limitations and in particular the levels arising from the application of Commission Regulations (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (3) and (EC) No 2104/2004 of 9 December 2004 laying down detailed implementing rules for Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions.

(3)

With regard to the importance of the fishing licence as an instrument for both fleet management and control and inspection of fishing activities, Member States must ensure that the information contained in the licence is clear and unambiguous and corresponds at all times to the actual situation.

(4)

According to Article 11(3) of Regulation (EC) No 2371/2002, the fishing licence must be withdrawn by a Member State in order for the vessel to be withdrawn from the fleet with public aid. The capacity corresponding to that licence cannot be replaced. On the other hand, if the withdrawal of a vessel has not benefited from public aid, the capacity and the capacity licence are replaceable as long as the provisions of Articles 12 and 13 of Regulation (EC) No 2371/2002 on reference levels and the entry/exit regime of the fleet are respected.

(5)

The information contained in the licence should correspond to the information contained in the Community fishing fleet register.

(6)

The information included in the licence should be set out in accordance with Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (4) and Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (5).

(7)

Council Regulation (EC) No 3690/93 (6) established a Community system laying down rules for the minimum information to be contained in fishing licences. The present Regulation should apply from the date of repeal of that Regulation.

(8)

The measures envisaged in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(1)

Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (2), made changes to the combined nomenclature codes for certain fishery products covered by Regulation (EC) No 2007/2000.

(2)

Commission Regulation (EC) No 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), made changes to the combined nomenclature codes for certain wine products covered by Regulation (EC) No 2007/2000.

(3)

For clarity reasons, Regulation (EC) No 2007/2000 should be adjusted accordingly.

(4)

The adjustments to the combined nomenclature codes should apply accordingly from the dates of entry into force of Regulations (EC) No 1789/2003 — from 1 January 2004 — and (EC) No 1810/2004 — from 1 January 2005.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

1.

for order Nos 09.1571 and 09.1573:

2.

for order Nos 09.1575 and 09.1577:

3.

for order No 09.1515:

(1)

Annex I to Council Regulation (EC) No 866/2004 lays down a list of crossing points at which persons and goods may cross the line between the areas under the effective control of the Government of the Republic of Cyprus and those areas in which the Government of the Republic of Cyprus does not exercise effective control.

(2)

Following agreement on the opening of new crossing points in Kato Pyrgos and Kokkina, it is necessary to adapt Annex I.

(3)

The Government of the Republic of Cyprus gave its agreement to this adaptation.

(4)

The Turkish Cypriot Chamber of Commerce was consulted on this matter,

(1)

Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

(2)

Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

(3)

Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries.

(4)

In the week of 25 July to 29 July 2005 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation.

(5)

In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached,

(1)

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

(2)

The Chair of the Kimberley Process certification scheme, through his Chair’s Notice of 27 July 2005, has decided to add Indonesia to the list of Participants as of 1 August 2005. Annex II should therefore be amended accordingly,

(1)

Annex IV to Regulation (EC) No 1210/2003 lists the natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources under that Regulation.

(2)

On 27 July 2005, the Sanctions Committee of the UN Security Council decided to amend the list comprising Saddam Hussein and other senior officials of the former Iraqi regime, their immediate family members and the entities owned or controlled by them or by persons acting on their behalf or at their direction, to whom the freezing of funds and economic resources should apply. Therefore, Annex IV should be amended accordingly.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

(1)

For some time the duration of procedures before the Court of Justice, particularly in preliminary reference proceedings, has been increasing and it is desirable, especially having regard to the enlargement of the Union, that certain stages in the procedure should be speeded up and simplified.

(2)

The period allowed for submission of applications for a hearing ought to be reduced and the obligation to inform the national court and to hear the parties ought in some cases to be removed where the Court is to give its decision by order in certain cases where the answer to the request for a preliminary ruling is straightforward.

(3)

Technical developments have led to increasing use of electronic means for the transmission of documents and electronic communication has become increasingly reliable as a means of communication. The Court ought to be enabled to accommodate these developments by having the power to determine the criteria for a procedural document sent by electronic means to be deemed to be the original of the document.

(4)

Finally, the provisions on the grant of legal aid ought to be amended to provide that an order refusing in whole or in part an application for aid must state the reasons for that refusal,

1.

The following new paragraph 7 shall be added to Article 37:

2.

In the third sentence of Article 44a the words ‘of one month’ shall be replaced by the words ‘of three weeks’;

3.

In Article 76(3) the second subparagraph shall be replaced by the following:

‘The Chamber shall make an order from which no appeal shall lie. Where the application for legal aid is refused in whole or in part, the order shall state the reasons for that refusal.’;

4.

Article 104(1) shall be amended as follows:

5.

The text of Article 104(3) shall be replaced by the following:

6.

In the third sentence of Article 104(4) the words ‘of one month’ shall be replaced by the words ‘of three weeks’;

7.

In the second sentence of Article 120 the words ‘of one month’ shall be replaced by the words ‘of three weeks’.