ISSN 1725-2555 |
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Official Journal of the European Union |
L 168 |
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English edition |
Legislation |
Volume 47 |
Contents |
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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
1.5.2004 |
EN |
Official Journal of the European Union |
L 168/1 |
COUNCIL REGULATION (EC) No 885/2004
of 26 April 2004
adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (1) (hereinafter referred to as the ‘Treaty of Accession’), and in particular Article 2(3) thereof,
Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (2) (hereinafter referred to as the ‘Act of Accession’), and in particular Article 57 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the Act of Accession, or were provided for but need further adaptation. All these adaptations need to be adopted before accession so as to be applicable as from accession. |
(2) |
Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Council in all cases where the Council alone or jointly with the European Parliament adopted the original act. |
(3) |
Regulation (EC) No 2003/2003 (3) of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000 (4), (EC) No 2157/2001 (5), (EC) No 152/2002 (6), (EC) No 1499/2002 (7), (EC) No 1500/2003 (8) and (EC) No 1798/2003 (9), Decisions No 1719/1999/EC (10), No 1720/1999/EC (11), No 253/2000/EC (12), No 508/2000/EC (13), No 1031/2000/EC (14), No 163/2001/EC (15), No 2235/2002/EC (16) and No 291/2003/EC (17) of the European Parliament and of the Council, and Council Decisions 1999/382/EC (18), 2000/821/EC (19), 2003/17/EC (20) and 2003/893/EC (21) should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EC) No 2003/2003, (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003, and (EC) No 1798/2003 and Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC, No 291/2003/EC, 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC are amended as set out in the Annex of this Regulation.
Article 2
This Regulation shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 April 2004.
For the Council
B. COWEN
The President
(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) OJ L 304, 21.11.2003, p. 1.
(4) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 149/2003 (OJ L 30, 5.2.2003, p. 1).
(5) OJ L 294, 10.11.2001, p. 1.
(6) OJ L 25, 29.1.2002, p. 1. Regulation as amended by the 2003 Act of Accession.
(7) OJ L 227, 23.8.2002, p. 1. Regulation as amended by Regulation (EC) No 1445/2003 (OJ L 206, 15.8.2003, p. 1).
(8) OJ L 216, 28.8.2003, p. 1.
(9) OJ L 264, 15.10.2003, p. 1.
(10) OJ L 203, 3.8.1999, p. 1. Decision as amended by Decision No 2046/2002/EC (OJ L 316, 20.11.2002, p. 4).
(11) OJ L 203, 3.8.1999, p. 9. Decision as amended by Decision No 2045/2002/EC (OJ L 316, 20.11.2002, p. 1).
(12) OJ L 28, 3.2.2000, p. 1. Decision as amended by Decision No 451/2003/EC (OJ L 69, 13.3.2003, p. 6).
(13) OJ L 63, 10.3.2000, p. 1.
(14) OJ L 117, 18.5.2000, p. 1.
(15) OJ L 26, 27.1.2001, p. 1.
(16) OJ L 341, 17.12.2002, p. 1.
(17) OJ L 43, 18.2.2003, p. 1.
(18) OJ L 146, 11.6.1999, p. 33. Decision as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(19) OJ L 336, 30.12.2000, p. 82.
(20) OJ L 8, 14.1.2003, p. 10. Decision as amended by Decision 2003/403/EC (OJ L 141, 7.6.2003, p. 23).
ANNEX
I. FREE MOVEMENT OF GOODS
A. FERTILISERS
Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.
(a) |
In Annex I, A.2, No 1, the following is added in column 6, first paragraph, to the text in brackets after ‘Greece’: ‘Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia’; |
(b) |
in Annex I, B.1, B.2 and B.4, the following is added in column 5, point 3, second paragraph, first indent, to the text in brackets after ‘Greece’: ‘Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia’. |
B. HORIZONTAL AND PROCEDURAL MEASURES
1. |
Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA).
In Article 10, points 1 and 3, the following is deleted: ‘, Cyprus, Malta’. |
2. |
Decision No 1720/1999/EC of the European Parliament and of the Council of 12 July 1999 adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA).
In Article 14, points 1 and 3, the following is deleted: ‘, Cyprus, Malta’. |
II. COMPANY LAW
Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE).
(a) |
In Annex I, the following is inserted between the entries for Belgium and Denmark: ‘CZECH REPUBLIC: akciová společnost’ and, between the entries for Germany and Greece: ‘ESTONIA: aktsiaselts’ and, between the entries for Italy and Luxembourg: ‘CYPRUS: Δημόσια Εταιρεία περιορισμένης ευθύνης με μετοχές, Δημόσια Εταιρεία περιορισμένης ευθύνης με εγγύηση LATVIA: akciju sabiedrība LITHUANIA: akcinės bendrovės’ and, between the entries for Luxembourg and the Netherlands: ‘HUNGARY: részvénytársaság MALTA: kumpaniji pubbliċi / public limited liability companies’ and, between the entries for Austria and Portugal: ‘POLAND: spółka akcyjna’ and, between the entries for Portugal and Finland: ‘SLOVENIA: delniška družba SLOVAKIA: akciová spoločnos’; |
(b) |
in Annex II, the following is inserted between the entries for Belgium and Denmark: ‘CZECH REPUBLIC: akciová společnost, společnost s ručením omezeným’ and, between the entries for Germany and Greece: ‘ESTONIA: aktsiaselts ja osaühing’ and, between the entries for Italy and Luxembourg: ‘CYPRUS: Δημόσια εταιρεία περιορισμένης ευθύνης με μετοχές, δημόσια Εταιρεία περιορισμένης ευθύνης με εγγύηση, ιδιωτική εταιρεία LATVIA: akciju sabiedrība, un sabiedrība ar ierobežotu atbildību LITHUANIA: akcinės bendrovės, uždarosios akcinės bendrovės’ and, between the entries for Luxembourg and the Netherlands: ‘HUNGARY: részvénytársaság, korlátolt felelősségű társaság MALTA: kumpaniji pubbliċi / public limited liability companies kumpaniji privati/private limited liability companies’ and, between the entries for Austria and Portugal: ‘POLAND: spółka akcyjna, spółka z ograniczoną odpowiedzialnością’ and, between the entries for Portugal and Finland: ‘SLOVENIA: delniška družba, družba z omejeno odgovornostjo SLOVAKIA: akciová spoločnos', spoločnosť s ručením obmedzeným’. |
III. AGRICULTURE
PHYTOSANITARY LEGISLATION
Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries.
In Annex I, the entries for the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia and Slovakia are deleted.
IV. TAXATION
1. |
Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 2003-2007).
Article 4(b) is replaced by the following:
|
2. |
Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and repealing Regulation (EEC) No 218/92.
In Article 2(1), the following is inserted between the entries for Belgium and Denmark:
and, between the entries for Germany and Greece:
and between the entries for Italy and Luxembourg:
and between the entries for Luxembourg and the Netherlands:
and between the entries for Austria and Portugal:
and between the entries for Portugal and Finland:
|
V. EDUCATION AND TRAINING
1. |
Council Decision 1999/382/EC of 26 April 1999 establishing the second phase of the Community vocational training action programme ‘Leonardo da Vinci’.
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2. |
Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing the second phase of the Community action programme in the field of education ‘Socrates’.
|
3. |
Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the ‘Youth’ Community action programme.
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4. |
Decision No 291/2003/EC of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004.
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VI. CULTURE AND AUDIOVISUAL POLICY
1. |
Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme.
In Article 7, the first paragraph is replaced by the following: ‘The Culture 2000 programme shall be open to participation by the countries of the European Economic Area and also to participation by the associated countries of central and eastern Europe in accordance with the conditions laid down in the Association Agreements or in the additional Protocols to the Association Agreements relating to participation in Community programmes concluded or to be concluded with those countries.’. |
2. |
Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus – Development, Distribution and Promotion) (2001-2005).
Article 11(2) is replaced by the following: ‘2. The Programme shall be open to the participation of Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.’. |
3. |
Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005).
Article 8(2) is replaced by the following: ‘2. The Programme shall be open to the participation of Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.’. |
VII. EXTERNAL RELATIONS
1. |
Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology.
In Annex II, Part 3, the list of countries is replaced by the following:
|
2. |
Council Regulation (EC) No 152/2002 of 21 January 2002 concerning the export of certain ECSC and EC steel products from the Former Yugoslav Republic of Macedonia to the European Community (double-checking system) and repealing Regulation (EC) No 190/98.
The following Article is added after Article 4: ‘Article 4a As regards release for free circulation in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as of 1 May 2004 of the steel products covered by this Regulation and shipped before 1 May 2004, an import document shall not be required provided that the goods were shipped before 1 May 2004 and that the bill of lading or another transport document deemed to be equivalent by Community authorities proving the shipment date, has been presented.’. |
3. |
Council Regulation (EC) No 1499/2002 of 20 June 2002 concerning the export of certain steel products from Romania to the Community for the period from 1 July to 31 December 2002 (double-checking system).
|
4. |
Council Decision 2003/893/EC of 15 December 2003 on trade in certain steel products between the European Community and Ukraine.
The following Article is added after Article 2: ‘Article 2a As regards release for free circulation in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as of 1 May 2004 of the steel products covered by this Decision, an import authorisation shall be required, even if the steel products were shipped before that date. If the steel products were shipped to one of these Member States before 1 May 2004, the import authorisation shall be granted automatically, without quantitative limitation, on presentation of the bill of lading or another transport document deemed to be equivalent by the Community licensing offices proving the shipment date and after approval from the Commission's office responsible for the management of licences (SIGL). If the steel products are shipped to one of these Member States on 1 May 2004 or after that date, they shall be subject to the specific rules governing quantitative limits as defined in this Decision.’. |
5. |
Council Regulation (EC) No 1500/2003 of 18 February 2003 on administering the double-checking system without quantitative limits in respect of the export of certain steel products from the Russian Federation to the European Community.
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1.5.2004 |
EN |
Official Journal of the European Union |
L 168/14 |
COMMISSION REGULATION (EC) No 886/2004
of 4 March 2004
adapting certain regulations and decisions in the field of free movement of goods, competition policy, agriculture, environment and external relations by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2), and in particular Article 57(1) thereof,
Whereas:
(1) |
For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the 2003 Act of Accession, or were provided for but need further adaptations. All these adaptations need to be adopted before accession so as to be applicable as from accession; |
(2) |
Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Commission in all cases where the Commission adopted the original act; |
(3) |
Commission Regulations (EC) No 1474/2000 (3), (EC) No 1477/2000 (4), (EC) No 1520/2000 (5), (EC) No 1488/2001 (6), (EC) No 76/2002 (7), (EC) No 349/2003 (8) and (EC) No 358/2003 (9) as well as Commission Decisions 2000/657/EC (10), 2002/602/ECSC (11), 1469/2002/ECSC (12) and 2003/122/EC (13) should therefore be amended accordingly; |
(4) |
Commission Decision 2003/450/EC of 18 June 2003 recognising the provisions in the Czech Republic on combating Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al. as equivalent to the Community provisions (14) should be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EC) No 1474/2000, (EC) No 1477/2000, (EC) No 1520/2000, (EC) No 1488/2001, (EC) No 76/2002, (EC) No 349/2003(EC) and (EC) No 358/2003 and Decisions 2000/657/EC, 2002/602/ECSC, 1469/2002/ECSC and 2003/122/EC are amended as set out in the Annex.
Article 2
Decision 2003/450/EC is repealed.
Article 3
This Regulation shall enter into force subject to, and as from the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 March 2004.
For the Commission
Günter VERHEUGEN
Member of the Commission
(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) OJ L 171, 11.7.2000, p. 11.
(4) OJ L 171, 11.7.2000, p. 44. Regulation as last amended by Regulation (EC) No 1446/2002 (OJ L 213, 9.8.2002, p. 3).
(5) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 740/2003 (OJ L 106, 29.4.2003, p. 12).
(6) OJ L 196, 20.7.2001, p. 9. Regulation as amended by Regulation (EC) No 1914/2003 (OJ L 283, 31.10.2003, p. 27).
(7) OJ L 16, 18.1.2002, p. 3. Regulation as last amended by the 2003 Act of Accession.
(10) OJ L 275, 27.10.2000, p. 44. Decision as last amended by Decision 2003/508/CE (OJ L 174, 12.7.2003, p. 10).
(11) OJ L 195, 24.7.2002, p. 38. Decision as last amended by Council Regulation (EC) No 57/2004 (OJ L 9, 15.1.2004, p. 1).
(12) OJ L 222, 19.8.2002, p. 1.
ANNEX
FREE MOVEMENT OF GOODS
Foodstuffs
1. |
Commission Regulation (EC) No 1474/2000 of 10 July 2000 determining the reduced amounts of agricultural components and additional duties applicable from 1 July 2000 to imports into the Community of certain goods covered by Council Regulation (EC) 3448/93 under the Interim Agreement between the European Union and Israel.
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2. |
Commission Regulation (EC) No 1477/2000 of 10 July 2000 laying down the reduced agricultural components and additional duties applicable from 1 July 2000 to the importation into the Community of goods covered by Council Regulation (EC) No 3448/93 under Europe Agreements.
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3. |
Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds.
In Article 6a(2), the following is inserted between the Spanish and Danish entries:
and, between the German and Greek entries:
and, between the Italian and Dutch entries:
and, between the Dutch and Portuguese entries:
and, between the Portuguese and Finnish entries:
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4. |
Commission Regulation (EC) No 1488/2001 of 19 July 2001 laying down rules for the application of Council Regulation (EC) 3448/93 as regards the placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing the European Community under the inward processing arrangements without prior examination of the economic conditions.
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COMPETITION POLICY
Commission Regulation (EC) No 358/2003 of 27 February 2003 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector.
The following Article is added to Article 11:
‘Article 11a
The prohibition in Article 81(1) of the Treaty shall not apply to agreements which were in existence at the date of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia and which, by reason of accession, fall within the scope of Article 81(1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in this Regulation.’.
AGRICULTURE
Phytosanitary legislation
Commission Decision 2003/122/EC of 21 February 2003 authorising Member States to take decisions under Directive 1999/105/EC on forest reproductive material produced in third countries.
In the Annex, the following entries are deleted:
‘Czech Republic |
Abies alba Mill |
SI |
SS, St |
Acer plantanoides L. |
SI |
SS, St |
|
Acer pseudoplatanus L. |
SI |
SS, St |
|
Betula pendula Roth. |
SI |
SS, St |
|
Betula pubescens Ehrh. |
SI |
SS, St |
|
Fagus sylvatica L. |
SI |
SS, St |
|
Fraxinus excelsior L. |
SI |
SS, St |
|
Larix decidua Mill. |
SI |
SS, St |
|
Larix kaempferi Carr. |
SI |
SS, St |
|
Picea abies Karst. |
SI |
SS, St |
|
Pinus sylvestris L. |
SI |
SS, St |
|
Quercus cerris L. |
SI |
SS, St |
|
Quercus petraea Liebl. |
SI |
SS, St |
|
Quercus robur L. |
SI |
SS, St |
|
Quercus rubra L. |
SI |
SS, St |
|
Robinia pseudoacacia L. |
SI |
SS, St |
|
Tilia cordata Mill. |
SI |
SS, St |
|
Tilia platyphyllos Scop. |
SI |
SS, St |
|
Estonia |
Picea abies Karst. |
SI |
SS, St |
Hungary |
Acer plantanoides L. |
SI |
SS, St |
Acer pseudoplatanus L. |
SI |
SS, St |
|
Alnus glutinosa Gaertn. |
SI |
SS, St |
|
Betula pendula Roth. |
SI |
SS, St |
|
Carpinus betulus L. |
SI |
SS, St |
|
Castanea sativa Mill. |
SI |
SS, St |
|
Fagus sylvatica L. |
SI |
SS, St |
|
Fraxinus excelsior L. |
SI |
SS, St |
|
Larix decidua Mill. |
SI |
SS, St |
|
Pinus sylvestris L. |
SI |
SS, St |
|
Populus alba L. |
SI |
SS, St |
|
Populus x canescens Sm. |
SI |
SS, St |
|
Populus nigra L. |
SI |
SS, St |
|
Populus tremula L. |
SI |
SS, St |
|
Prunus avium L. |
SI |
SS, St |
|
Quercus cerris L. |
SI |
SS, St |
|
Quercus petraea Liebl. |
SI |
SS, St |
|
Quercus robur L. |
SI |
SS, St |
|
Quercus rubra L. |
SI |
SS, St |
|
Robinia pseudoacacia L. |
SI |
SS, St |
|
Tilia cordata Mill. |
SI |
SS, St |
|
Tilia platyphyllos Scop. |
SI |
SS, St |
|
Latvia |
Picea abies Karst. |
SI |
SS, St |
Lithuania |
Picea abies Karst. |
SI |
SS, St |
Poland |
Abies alba Mill. |
SI |
SS, St |
Acer plantanoides L. |
SI |
SS, St |
|
Acer pseudoplatanus L. |
SI |
SS, St |
|
Alnus incana Moench. |
SI |
SS, St |
|
Betula pendula Roth. |
SI |
SS, St |
|
Betula pubescens Ehrh. |
SI |
SS, St |
|
Carpinus betulus L. |
SI |
SS, St |
|
Larix decidua Mill. |
SI |
SS, St |
|
Larix kaempferi Carr. |
SI |
SS, St |
|
Picea abies Karst. |
SI |
SS, St |
|
Pinus sylvestris L. |
SI |
SS, St |
|
Prunus avium L. |
SI |
SS, St |
|
Quercus cerris L. |
SI |
SS, St |
|
Quercus petraea Liebl. |
SI |
SS, St |
|
Quercus robur L. |
SI |
SS, St |
|
Quercus rubra L. |
SI |
SS, St |
|
Robinia pseudoacacia L. |
SI |
SS, St |
|
Tilia cordata Mill. |
SI |
SS, St |
|
Tilia platyphyllos Scop. |
SI |
SS, St |
|
Slovakia |
Abies alba Mill. |
SI |
SS, St |
Acer plantanoides L. |
SI |
SS, St |
|
Betula pendula Roth. |
SI |
SS, St |
|
Fagus sylvatica L. |
SI |
SS, St |
|
Larix decidua Mill. |
SI |
SS, St |
|
Picea abies Karst. |
SI |
SS, St |
|
Prunus avium L. |
SI |
SS, St |
|
Quercus petraea Liebl. |
SI |
SS, St |
|
Quercus robur L. |
SI |
SS, St |
|
Quercus rubra L. |
SI |
SS, St |
|
Robinia pseudoacacia L. |
SI |
SS, St |
|
Tilia platyphyllos Scop. |
SI |
SS, St |
|
Slovenia |
Abies alba Mill. |
SI |
SS, St |
Acer plantanoides L. |
SI |
SS, St |
|
Acer pseudoplatanus L. |
SI |
SS, St |
|
Alnus incana Moench. |
SI |
SS, St |
|
Betula pendula Roth. |
SI |
SS, St |
|
Carpinus betulus L. |
SI |
SS, St |
|
Fagus sylvatica L. |
SI |
SS, St |
|
Larix decidua Mill. |
SI |
SS, St |
|
Pinus nigra Arnold |
SI |
SS, St |
|
Pinus sylvestris L. |
SI |
SS, St |
|
Quercus cerris L. |
SI |
SS, St |
|
Quercus petraea Liebl. |
SI |
SS, St |
|
Quercus robur L. |
SI |
SS, St |
|
Quercus rubra L. |
SI |
SS, St |
|
Robinia pseudoacacia L. |
SI |
SS, St |
|
Tilia cordata Mill. |
SI |
SS, St |
|
Tilia platyphyllos Scop. |
SI |
SS, St’ |
ENVIRONMENT
1. |
Commission Decision 2000/657/EC of 16 October 2000 adopting Community import decisions for certain chemicals pursuant to Council Regulation 2455/92/EEC concerning the export and import of certain dangerous chemicals.
In Annex I, the text in the textbox before the tables is replaced by the following: ‘COUNTRY: European Community (Member States: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, United Kingdom)’ |
2. |
Commission Regulation (EC) No 349/2003 of 25 February 2003 suspending the introduction into the Community of specimens of certain species of wild fauna and flora.
|
EXTERNAL RELATIONS
1. |
Commission Regulation (EC) No 76/2002 of 17 January 2002 introducing prior Community surveillance of imports of certain iron and steel products covered by the ECSC and EC Treaties originating in certain third countries.
The following article is inserted between Article 4 and Article 5: ‘Article 4a As regards release for free circulation in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as of 1 May 2004 of the steel products covered by this Commission Regulation and shipped before 1 May 2004, a surveillance document is not required provided that the goods have been shipped before 1 May 2004. The presentation of the bill of lading or another transport document deemed to be equivalent by Community authorities proving the shipment date is required.’ |
2. |
Commission Decision 2002/602/ECSC of 8 July 2002 on administering certain restrictions on imports of certain steel products from the Russian Federation.
The following article is inserted between Article 7 and Article 8: ‘Article 7a As regards release for free circulation in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia as of 1 May 2004 of the steel products covered by this Commission Decision, an import licence is required, even if the steel products have been shipped before that date. If the steel products are shipped to a new Member State before 1 May 2004 , the import licence is granted automatically without quantitative limitation on presentation of the bill of lading or another transport document deemed to be equivalent by the Community licensing offices proving the shipment date and after approval from the Commission’s office responsible for the management of licences (SIGL). If the steel products are shipped to a new Member State on 1 May 2004 or after that date, they are subject to the specific rules governing quantitative limits as defined in this Commission Decision.’. |
3. |
Commission Decision No 1469/2002/ECSC of 8 July 2002 on administering certain restrictions on imports of certain steel products from Kazakhstan.
|
1.5.2004 |
EN |
Official Journal of the European Union |
L 168/35 |
COUNCIL DIRECTIVE 2004/66/EC
of 26 April 2004
adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (1) (hereinafter referred to as the ‘Treaty of Accession’), and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (2) (hereinafter referred to as the ‘Act of Accession’), and in particular Article 57 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the Act of Accession, or were provided for but need further adaptation. All these adaptations need to be adopted before accession so as to be applicable as from accession. |
(2) |
Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Council in all cases where the Council alone or jointly with the European Parliament adopted the original act. |
(3) |
Directives 1999/45/EC (3), 2002/83/EC (4), 2003/37/EC (5) and 2003/59/EC (6) of the European Parliament and of the Council and Council Directives 77/388/EEC (7), 91/414/EEC (8), 96/26/EC (9), 2003/48/EC (10) and 2003/49/EC (11) should therefore be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directives 1999/45/EC, 2002/83/EC, 2003/37/EC, 2003/59/EC, 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC are amended as set out in the Annex of this Directive.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of entry into force of the Treaty of Accession. As regards the provisions of this Directive adapting Directive 91/414/EC as amended, as well as Directives 2002/83/EC, 2003/37/EC and 2003/59/EC, the date of transposition shall be that laid down therein. Member States shall forthwith submit the text of the provisions transposing this Directive to the Commission, with a table setting out their correlation with the specific provisions of 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. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 April 2004.
For the Council
B. COWEN
The President
(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(4) OJ L 345, 19.12.2002, p. 1.
(6) OJ L 226, 10.9.2003, p. 4.
(7) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/7/EC (OJ L 27, 30.1.2004, p. 44).
(8) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(9) OJ L 124, 23.5.1996, p. 1. Directive as last amended by the Act of Accession.
ANNEX
I. FREE MOVEMENT OF GOODS
A. MOTOR VEHICLES
Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC.
(a) |
In Annex II, Chapter C, Appendix 1, point 1, the following are inserted in the first subparagraph: ‘ “8 for the Czech Republic”, “29 for Estonia”, “CY for Cyprus”, “32 for Latvia”, “36 for Lithuania”, “7 for Hungary”, “MT for Malta”, “20 for Poland”, “26 for Slovenia”, “27 for Slovakia”.’ |
(b) |
In Annex III, Part I, ‘A – Complete/completed tractors’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(c) |
In Annex III, Part I, ‘B – Agricultural or forestry trailers – complete/completed’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(d) |
In Annex III, Part I, ‘C – Interchangeable towed machinery – complete/completed’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(e) |
In Annex III, Part II, ‘A – Agricultural or forestry trailers – incomplete’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(f) |
In Annex III, Part II, ‘B – Interchangeable towed machinery – incomplete’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
B. CHEMICALS
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations.
In Annex VI, Part A, point 5, the list of countries is replaced by the following:
|
‘Belgium: |
|
Czech Republic: |
|
Denmark: |
|
Germany: |
|
Estonia: |
|
Greece: |
|
Spain: |
|
France: |
|
Ireland: |
|
Italy: |
|
Cyprus: |
|
Latvia: |
|
Lithuania: |
|
Luxembourg: |
|
Hungary: |
|
Malta: |
|
Netherlands: |
|
Austria: |
|
Poland: |
|
Portugal: |
|
Slovenia: |
|
Slovakia: |
|
Finland: |
|
Sweden: |
|
United Kingdom:’. |
II. FREEDOM TO PROVIDE SERVICES
Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance.
(a) |
In Article 6(1)(a), the following is inserted between the entries for Belgium and Denmark:
and, between the entries for Germany and Greece:
and, between the entries for Italy and Luxembourg:
and, between the entries for Luxembourg and the Netherlands:
and, between the entries for Austria and Portugal:
and, between the entries for Portugal and Finland:
|
(b) |
In Article 18(3) the third indent is replaced by the following:
|
(c) |
In Article 18(3), the following is inserted after the third indent:
|
III. AGRICULTURE
PHYTOSANITARY LEGISLATION
Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.
(a) |
Point 1.1 in Annex IV is replaced by the following: ‘1.1. Special risks related to humans (RSh) RSh 1
RSh 2
RSh 3
|
(b) |
Point 1 in Annex V is replaced by the following: ‘1. General provisions All plant-protection products should be labelled with the following phrase, which should be supplemented by the text in parentheses, as appropriate: SP 1
|
(c) |
Point 2.1 in Annex V is replaced by the following: ‘2.1. Safety precautions for operators (SPo) General provisions
Specific provisions SPo 1
SPo 2
SPo 3
SPo 4
SPo 5
|
(d) |
Point 2.2 in Annex V is replaced by the following: ‘2.2. Safety precautions related to the environment (SPe) SPe 1
SPe 2
SPe 3
SPe 4
SPe 5
SPe 6
SPe 7
SPe 8
|
(e) |
Point 2.3 in Annex V is replaced by the following: ‘2.3. Safety precautions related to good agricultural practice SPa 1
|
(f) |
Point 2.4 in Annex V is replaced by the following: ‘2.4. Specific safety precautions for rodenticides (SPr) SPr 1
SPr 2
SPr 3
|
IV. TRANSPORT POLICY
ROAD TRANSPORT
1. |
Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifictions intended to facilitate for these operators the right to freedom of establishment in national and international transport operations.
In Annex Ia, footnote 1 is replaced by the following:
|
2. |
Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC.
|
V. TAXATION
1. |
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment.
|
2. |
Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments.
In the Annex, the following is inserted between the entries for Italy and Portugal:
and, after the entries for Portugal:
|
3. |
Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States.
|
(1) The Sixth VAT Directive contains two versions of Article 17(3)(b). Article 28f(1) of that Directive contains the provision which is currently applicable. This particular situation was not properly accounted for in Protocol No. 3 to the Act of Accession which in error amended the version of Article 17(3)(b) which is not currently applicable. The version currently applicable has therefore also to be amended.
1.5.2004 |
EN |
Official Journal of the European Union |
L 168/68 |
COMMISSION DIRECTIVE 2004/79/EC
of 4 March 2004
adapting Directive 2002/94/EC, in the field of taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2), and in particular Article 57(1) thereof,
Whereas:
(1) |
For certain acts which remain valid beyond 1 May 2004, and require adaptation by reason of accession, the necessary adaptations were not provided for in the 2003 Act of Accession, or were provided for but need further adaptations. All these adaptations need to be adopted before accession so as to be applicable as from accession. |
(2) |
Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Commission in all cases where the Commission adopted the original act. |
(3) |
Commission Directive 2002/94/EC (3) should therefore be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2002/94/EC is amended as set out in the Annex.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession 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.
Article 3
This Directive shall enter into force subject to, and as from the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 4 March 2004.
For the Commission
Günter VERHEUGEN
Member of the Commission
(1) OJ L 236, 23.9.2003, p. 17.
ANNEX
TAXATION
Commission Directive 2002/94/EC of 9 December 2002 laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures.
In Annex IV, the left column under ‘Member State’ is replaced by the following:
|
‘Belgique/België |
|
Česká Republika |
|
Danmark |
|
Deutschland |
|
Eesti |
|
Eλλάδα |
|
España |
|
France |
|
Ireland |
|
Italia |
|
Kύπρος |
|
Latvija |
|
Lietuva |
|
Luxembourg |
|
Magyarország |
|
Malta |
|
Nederland |
|
Österreich |
|
Polska |
|
Portugal |
|
Slovenija |
|
Slovensko |
|
Finland/Suomi |
|
Sverige |
|
United Kingdom’ |