(1)

Regulation (EC) No 3069/95 (2) provides for specific rules to implement, at Community level, the scheme for observers which had been agreed upon within the framework of the Northwest Atlantic Fisheries Organisation (NAFO) in 1995 and which aimed at improving control and enforcement in the Regulatory Area of NAFO.

(2)

In view of special circumstances under which the scheme was implemented at Community level in 1995, the Council entrusted the Commission to place observers on board all Community fishing vessels and it is the Community which bears the costs arising from its operation.

(3)

In 2002, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, was adopted (3). Pursuant to that Regulation, Member States are to control the activities carried out by vessels flying their flag outside Community waters, including being responsible for placing observers on such vessels.

(4)

In view of the adoption of that framework Regulation, there is no longer any justification for the administrative and financial burdens involved being borne by the Commission.

(5)

The Commission and Member States should work closely together to ensure that the effectiveness of the observer programme is maintained and respects the Community's obligations in NAFO.

(6)

Regulation (EC) No 3069/95 should therefore be amended accordingly,

1.

The first subparagraph of Article 1 is replaced by the following:

‘1. Without prejudice to Article 2(2) of Regulation (EEC) No 1956/88, Member States shall assign observers to all their fishing vessels engaged in or about to engage in fishing activities in the NAFO Regulatory Area. Duly appointed observers shall remain on board the fishing vessels to which they are assigned until they are replaced by other observers.’

2.

The following Article is inserted:

3.

In Article 2, ‘Community observers’ is replaced by ‘duly assigned observers’.l

4.

Article 4 is replaced by the following:

5.

In Annex I, point 1(i), ‘Commission’ is replaced by ‘Member States’.

6.

In Annex I, point 2(m), ‘the competent authorities of the Member State concerned’ is replaced by ‘the competent authorities of the Member State which assigned them’.

7.

Annex II is deleted.

(1)

Application of Article 20(1) of Annex XIII to the Staff Regulations requires correction coefficients for the pensions paid in the Member States to be fixed.

(2)

These correction coefficients are to apply immediately to the transfers mentioned in Article 17 of Annex VII to the Staff Regulations.

(3)

Application of Article 20(2) of Annex XIII to the Staff Regulations requires a weighted average composed as to 20 % by these correction coefficients and as to 80 % by the correction coefficients applicable to the remuneration paid to officials in the capitals of the Member States,

—

the number of officials and servants in each category who received the allowances referred to in this Regulation, broken down by institution and location, and the number of hours worked under the various conditions set out in the table in Article 3,

—

the total expenditure relating to these allowances.

1.

Article 1(1)(a) is replaced by the following:

(*1)  For the period from 1 May 2004 to 30 April 2006: grade D*1, step 1.’;"

2.

Article 2 is replaced by the following:

1.

Article 2 is replaced by the following:

(*1)   OJ L 161, 30.4.2004, p. 6 ’;"

2.

Article 3 shall be replaced by the following:

(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 further adaptations are necessary. All these adaptations need to be adopted before accession in order to enter into force 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 adopted the original act alone or jointly with the European Parliament.

(3)

Regulation (EC) No 685/2001 of the European Parliament and of the Council of 4 April 2001 concerning the distribution of authorisations among Member States received through the Agreements establishing certain conditions for the carriage of goods by road and the promotion of combined transport between the European Community and the Republic of Bulgaria and between the European Community and the Republic of Hungary (3) should therefore be amended,

1.

The title is replaced by:

‘Regulation (EC) No 685/2001 of the European Parliament and of the Council of 4 April 2001 concerning the distribution of authorisations among Member States received through the Agreements establishing certain conditions for the carriage of goods by road and the promotion of combined transport between the European Community and the Republic of Bulgaria and between the European Community and Romania’

2.

Article 1 is replaced by the following:

3.

The Annex is replaced by the following:

(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 further adaptations are necessary. All these adaptations need to be adopted before accession in order to enter into force 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 2888/2000 of the European Parliament and of the Council of 18 December 2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland (3) should therefore be amended accordingly,

(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 further adaptations are necessary. All these adaptations need to be adopted before accession in order to enter into force 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 adopted the original act alone or jointly with the European Parliament.

(3)

Regulation (EC) No 2327/2003 of the European Parliament and of the Council of 22 December 2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy (3) should therefore be amended,

(1)

The de-coupling of direct producer support and the introduction of the single payment scheme are essential elements in the process of reforming the common agricultural policy aimed at moving away from a policy of price and production support to a policy of farmer income support. Regulation (EC) No 1782/2003 (6) introduced these elements for a variety of agricultural products.

(2)

In order to meet the objectives that lay at the heart of the reform of the common agricultural policy, the support for cotton, olive oil, raw tobacco and hops should be largely de-coupled and integrated into the single payment scheme.

(3)

The rules on direct support schemes laid down in Regulation (EC) No 1782/2003 should be adapted to allow their implementation in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

(4)

In the reference period 2000 to 2002, no direct producer aid for cotton existed. However, under the arrangements in force during that period, Community support was indirectly received by the producers via an aid to the ginners.

(5)

A complete integration in the single payment scheme of the current support scheme in the cotton sector would bring a significant risk of production disruption to the cotton producer regions of the Community. A part of the support should therefore continue to be linked to the cultivation of cotton through a crop specific payment per eligible hectare. Its amount should be calculated in such a way so as to ensure economic conditions which, in regions which lend themselves to that crop, enable activity in the cotton sector to continue and prevent cotton from being driven out by other crops. In order to achieve that goal, it is justified that the total available aid per hectare per Member State is set at 35 % of the national share of the aid that went indirectly to the producers.

(6)

The remaining 65 % of the national share of the aid that went indirectly to the producers should be available for the single payment scheme.

(7)

For environmental reasons, a base area per Member State should be established in order to limit the areas sown under cotton. In addition, the eligible areas should be restricted to those authorised by the Member States.

(8)

In order to allow producers and ginners to enhance the quality of the cotton, the establishment of inter-branch organisations, to be approved by the Member States, should be encouraged. These organisations should be financed by their members. The Community should contribute indirectly to the activities of these organisations via an increase of the aid to those farmers who are members of the organisations.

(9)

To foster quality supplies to the industry, the approved organisations should be authorised to differentiate the aid to which their producer-members are entitled in accordance with a scale adopted by them. The scale, approved by the Member States, should take account of criteria to be established.

(10)

A complete integration in the single payment scheme of the current production-linked support scheme in the olive sector could bring problems to certain traditional producer regions of the Community. There is a certain risk of widespread disruption to olive tree maintenance, which could in turn lead to degradation of land cover and landscape or have negative social impacts. A part of the support could therefore be linked to the maintenance of olive groves of environmental or social value.

(11)

Consequently, at least 60 % of the average of the production aid payments in the olive sector during the reference period 2000 to 2002 should be converted into entitlements under the single payment scheme; the calculation of the entitlements for each individual farmer should be based on the marketing years 1999/2000, 2000/01, 2001/02 and 2002/03. However, holdings of a size of less than 0,3 olive GIS-ha, established on the basis of the geographical information system for olive cultivation, should, for reasons of equity, be fully integrated in the scheme.

(12)

The number of hectares to be included in the calculation of the single payment entitlement should be established on the basis of the geographical information system for olive cultivation, which henceforth is to be part of the integrated administration and control system.

(13)

The remaining part of the production aid payments in the olive sector during the reference period should be retained by the Member States, as national envelopes, for the granting to farmers of an aid to contribute to the maintenance of olive groves of environmental or social value, including aspects of local traditions and culture, in particular in marginal areas. Holdings of less than 0,3 olive GIS-ha should be equally eligible. For reasons of simplification, payments under this scheme should be of an amount of at least EUR 50.

(14)

Member States should be afforded the possibility of withholding the amount necessary to finance activities in the olive oil sector related to product quality, monitoring and information, which are carried out under work programmes drawn up by approved operator's organisations.

(15)

Only areas corresponding either to olives trees planted before 1 May 1998 or to replacing trees or covered by a programme approved by the Commission are eligible for production aid under the current scheme and should therefore be the only ones to be included under the single payment scheme as well as be eligible under the olive grove payment scheme. For Cyprus and Malta, the deadline should be 31 December 2001, in accordance with the derogation provided for in Article 2(1) of Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common market organisation in oils and fats (7).

(16)

For Cyprus and Malta, the maximum amounts of aid for olive groves can be definitively established only after the introduction of the geographical information system in these Member States. It is therefore necessary to provide for the possibility of revising the figures of the maximum amounts set for these Member States.

(17)

The current support scheme for producers of raw tobacco should be partly de-coupled and integrated into the single payment scheme and partly transferred into the restructuring envelope. However, in order to avoid a disruptive effect on production and local economies, and to allow the market price to adjust to the new conditions, Member States should be allowed during a transitional period to retain up to 60 % of the production aid payments in the tobacco sector coupled and to grant the remaining part as decoupled aid.

(18)

Farmers who have left the tobacco sector by participating in the quota buy-back programme set up in accordance with Article 14 of Council Regulation (EEC) No 2075/92 of 30 June 1992 0n the common organisation of the market in raw tobacco and who are granted aid under the single payment scheme, should not in addition receive the buy-back price but should be able to choose between the two types of payment. However, to ensure a fair choice, a part of the buy-back price should be paid in so far as this is necessary to compensate for the difference between the amount of tobacco aid included in the calculation of the reference amount and the amount of the buy-back price, where the latter amount is higher.

(19)

As regards the premium that will continue to be granted for tobacco production during the years 2006 and 2007, an amount equal to 4 % for the first year and 5 % for the second year should be transferred to the Community Tobacco Fund, for the purpose of financing actions of information for improving public awareness of the harmful effects of tobacco consumption.

(20)

The full integration of hops in the single payment scheme enables the hops farmer to receive a stable income. If the farmer decides, for example as a result of the conditions of the market or for structural reasons, to abandon the growing and harvesting of hops, he can freely decide to do so without being without income.

(21)

In order to deal with specific market situations or with regional implications, the Member State concerned should be afforded the possibility of retaining a certain percentage of the de-coupled aid. In this case, Member States may allocate the retained component fully or partially to farmers producing hops via an area aid and/or to recognised producer groups to enable them to carry out certain tasks.

(22)

The de-coupling of the aid for cotton and raw tobacco might require actions towards restructuring. Additional Community support for the production regions of the Member States in which Community aid for cotton and raw tobacco was granted during 2000, 2001 and 2002 should be made available by a transfer of funds from heading 1(a) to heading 1(b) of the financial perspectives. This additional support should be used as provided for in Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (8).

(23)

In order to ensure the harmonious continuation of the payment of income aid to producers in the cotton, olive oil and tobacco sectors, the option of postponing the integration of these support schemes in the single payment scheme should not apply.

(24)

On the basis of new data the national guaranteed area for nuts in Poland has to be increased.

(25)

In order to ensure that the modifications made for the new Member States can enter into force by the date of accession, this Regulation has to enter into force by 1 May 2004,

1.

the third indent of Article 1 is replaced by the following:

2.

Article 11(1) is replaced by the following:

3.

The second subparagraph of Article 19(1) is replaced by the following:

‘This data base shall, in particular, allow direct and immediate consultation, through the competent authority of the Member State, of the data relating to the calendar and/or marketing years starting from the year 2000 and, for aid granted under Chapter 10b of Title IV, from 1 May 1998.’;

4.

Article 20 is replaced by the following:

5.

Article 22 is amended as follows:

6.

Article 35 is replaced by the following:

7.

in Article 37(1) the following subparagraph is added:

‘However, for olive oil the reference amount shall be the four-year average of the total amounts of payments which a farmer was granted under the olive oil support scheme referred to in Annex VI, calculated and adjusted according to Annex VII, during the marketing years 1999/2000, 2000/01, 2001/02 and 2002/03.’;

8.

Article 40(5) is replaced by the following:

(*1)   OJ L 215, 30.7.1992, p. 85."

(*2)   OJ L 157, 30.5.1998, p. 7.’ "

9.

In Article 42(9) the date of 29 September 2003 is replaced by 15 May 2004;

10.

Point (a) of Article 43(2) is replaced by the following:

11.

The following subparagraph is added to Article 44(2):

‘ “Eligible hectare” shall also mean areas planted with hops or being under a temporary resting obligation, or areas as calculated in the second subparagraph of point H of Annex VII under olive trees planted before 1 May 1998, except for Cyprus and Malta, for which the date shall be 31 December 2001, or new olive trees replacing existing olive trees or olive trees within approved planting schemes and registered into a geographic information system.’;

12.

Article 51 is replaced by the following:

(*3)   OJ L 297, 21.11.1996, p. 1."

(*4)   OJ L 297, 21.11.1996, p. 29.’ "

13.

Article 60(1) is replaced by the following:

14.

Article 64(2) is amended as follows:

15.

Article 65(1) is amended as follows:

‘Articles 66, 67, 68 and 69’ is replaced by ‘Articles 66, 67, 68, 68a and 69’;

16.

in section 2 of Chapter 5 of Title III, the following Article is inserted:

17.

Article 71 is amended as follows:

18.

in Article 71g, paragraph 1 is replaced by the following:

19.

Article 84 is amended as follows:

20.

the following Chapters is inserted in Title IV:

(*5)  See page 97 of this Official Journal."

(*6)   OJ L 358, 31.12.1998, p. 17. Regulation as last amended by Commission Regulation (EC) No 1983/2002 (OJ L 306, 8.11.2002, p. 8)."

(*7)   OJ L 200, 8.8.1977, p. 1. Regulation as last amended by the 2003 Act of Accession.’ "

21.

in Title IVa, Article 143c(2) after the first sentence of point (a) the following sentence is inserted:

‘However, for the direct payments referred to in Chapter 7 of Title IV of this Regulation the following maximum rates shall apply: 85 % in 2004, 90 % in 2005, 95 % in 2006 and 100 % as from 2007.’;

22.

the following Title IVb is inserted:

23.

The following points are added to Article 145:

24.

the following Articles are inserted after Article 151:

25.

the following points are added to Article 152:

(*8)   OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation (EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).’ "

26.

The following paragraphs are inserted in Article 153:

(*9)   OJ L 148, 1.6.2001, p. 3.’ "

27.

the following Article is inserted:

28.

the following points are added to Article 156(2):

29.

the Annexes are amended in accordance with the Annex to this Regulation.

(1)

The common agricultural policy pursues the objectives set out in Article 33 of the Treaty. In order to stabilise markets and ensure a fair standard of living for the agricultural community in the sector of olive oil and table olives, it is necessary to provide for an income support to farmers maintaining olive groves, for internal market measures to maintain the prices and supply conditions in a reasonable frame, and for activities aiming at influencing market demand by improving the quality of products as well as the way of presenting quality to consumers.

(2)

Income support to farmers maintaining olive groves is provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3) through the single farm payments as well as an aid for maintenance of olive groves.

(3)

Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (4) should therefore be repealed and replaced by a new regulation. On this occasion, the following Council Regulations of the olive oil sector should also be repealed: Regulations (EEC) No 154/75 (5), (EEC) No 2754/78 (6), (EEC) No 3519/83 (7), (EEC) No 2261/84 (8), (EEC) 2262/84 (9), (EEC) No 3067/85 (10), (EEC) No 1332/92 (11), (EEC) No 2159/92 (12), (EEC) No 3815/92 (13), (EC) No 1414/97 (14), (EC) No 1638/98 (15) and (EC) No 1873/2002 (16).

(4)

It is necessary for the marketing year to be adapted to the production cycle of all olive varieties and, for harmonisation simplicity purposes, it should be realigned with the marketing year for other agricultural products.

(5)

The descriptions and definitions of olive oil and so the denomination are an essential element of the market order by setting quality standards and providing consumers with an adequate information on the product.

(6)

The characteristics of the olive oil justify an interest of the consumers in spite of the high price of that oil as compared with other oils and fats. To avoid abuses as regards the quality and authenticity of the products presented to the consumers and the important disturbances on the market they may involve, special measures are needed to develop and protect the quality of olives and olive oils.

(7)

The information given on labels should be guaranteed by up-to-date methods of analysis and other measures to determine the characteristics of each olive oil standard.

(8)

Taking into account the influence of variation in the level of the productions and the world market supply available, there should be provision for appropriate measures to be taken in order to stabilise the internal market.

(9)

The system of aid for private storage contracts is deemed to be an efficient instrument to regulate the supply of olive oil, acting as a safety net mechanism when there is serious disturbance of the market.

(10)

The contribution of olive oil and table olive operators to improve and guarantee the quality of the products in question and so to develop the consumers' interests and keep the balance in the market should be encouraged and organised by a Community scheme.

(11)

Community finance, consisting of the percentage of direct aid that Member States are allowed to withhold in accordance with Article 110i(4) of Regulation (EC) No 1782/2003, is required to encourage approved operators' organisations to draw up work programmes for the purpose of improving the production quality of olive oil and table olives. Community support should be allocated in accordance with the priorities given to the activities undertaken within the work programmes in question.

(12)

In order to monitor the volume of olive oil trade with third countries while aiming at a simplification of administrative procedures, provision should be made for an import licence scheme with the lodging of a security to ensure that the transactions for which such licences are requested are effected. If market developments made necessary a closer follow-up of exports of olive oil from the Community, the Commission should be authorised to introduce a system of export licences.

(13)

The Community market for olive oil and table olives involves a trading system at the borders of the Community, including import duties. The trading system should be based on the undertakings accepted under international agreements.

(14)

For the most part, the customs duties applicable to agricultural products under the World Trade Organisation (WTO) agreements are laid down in the common customs tariff. However, the Commission should be able to suspend these duties partially or fully in order to ensure an adequate supply of the internal market in olive oil.

(15)

To the extent necessary for its proper working, provision should be made for regulating or, when the situation on the market so requires, prohibiting in a harmonised way the use of inward and outward processing arrangements.

(16)

The customs duty system makes it possible to dispense with all other protective measures at the external frontier of the Community. The internal market and duty mechanism could, in exceptional circumstances, prove deficient. In such cases, in order not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. All such measures should comply with the obligations arising from the WTO agreements.

(17)

The proper working of a single market based on common prices would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should apply to the products covered by this common market organisation.

(18)

As the common market in olive oil and table olives is in continuous development, the Member States and the Commission should keep each other informed of these developments.

(19)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (17).

(20)

In view of the need to solve practical and specific problems, the Commission should be authorised to adopt necessary measures in cases of emergency.

(21)

Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Community in accordance with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (18).

(22)

The products included in the common market organisation established by Regulation No 136/66/EEC which are not covered by the common market organisation in olive oil and table olives, or by any other common market organisation, should be included in Council Regulation (EEC) No 827/68 of 28 June 1968 on the common market organisation of the market in certain products listed in Annex II (19),

(1)

The European Council has repeatedly underlined its strong preference for accession by a reunited Cyprus. Regrettably, a comprehensive settlement has not yet been reached. In conformity with paragraph 12 of the conclusions of the European Council in Copenhagen, the Council on 26 April 2004 outlined its position on the current situation on the island.

(2)

Pending a settlement, the application of the acquis upon accession has therefore been suspended pursuant to Article 1(1) of Protocol 10, in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

(3)

Pursuant to Article 2(1) of Protocol 10, this suspension makes it necessary to provide for the terms under which the relevant provisions of EU law shall apply to the line between the abovementioned areas and those areas in which the Government of the Republic of Cyprus exercises effective control. In order to ensure the effectiveness of these rules, their application has to be extended to the boundary between the areas in which the Government of the Republic of Cyprus does not exercise effective control and the Eastern Sovereign Base Area of the United Kingdom of Great Britain and Northern Ireland.

(4)

Since the abovementioned line does not constitute an external border of the EU, special rules concerning the crossing of goods, services and persons need to be established, the prime responsibility for which belongs to the Republic of Cyprus. As the abovementioned areas are temporarily outside the customs and fiscal territory of the Community and outside the area of freedom, justice and security, the special rules should secure an equivalent standard of protection of the security of the EU with regard to illegal immigration and threats to public order, and of its economic interests as far as the movement of goods is concerned. Until sufficient information is available with regard to the state of animal health in the abovementioned areas, the movement of animals and animal products will be prohibited.

(5)

Article 3 of Protocol 10 explicitly states that measures promoting economic development in the abovementioned areas are not precluded by the suspension of the acquis. This regulation is intended to facilitate trade and other links between the abovementioned areas and those areas in which the Government of the Republic of Cyprus exercises effective control, whilst ensuring that appropriate standards of protection are maintained as set out above.

(6)

Regarding persons, the policy of the Government of the Republic of Cyprus currently allows the crossing of the line by all citizens of the Republic, EU citizens and third-country nationals who are legally residing in the northern part of Cyprus, and by all EU citizens and third country nationals who entered the island through the Government Controlled Areas.

(7)

While taking into account the legitimate concerns of the Government of the Republic of Cyprus, it is necessary to enable EU citizens to exercise their rights of free movement within the EU and set the minimum rules for carrying out checks on persons at the line and to ensure the effective surveillance of it, in order to combat the illegal immigration of third country nationals as well as any threat to public security and public policy. It is also necessary to define the conditions under which third-country nationals are allowed to cross the line.

(8)

Regarding checks on persons, this Regulation should not affect the provisions laid down in Protocol 3, and in particular Article 8 thereof.

(9)

This Regulation does not affect in any way the mandate of the United Nations in the buffer zone.

(10)

Since any change in the policy of the Government of the Republic of Cyprus with regard to the line may pose problems of compatibility with the rules established by this Regulation, such changes should be notified to the Commission, prior to their entry into force, in order to allow it to take the appropriate initiatives so as to avoid inconsistencies.

(11)

The Commission should also be allowed to amend Annexes I, and II to this Regulation with a view to responding to changes which may occur and require immediate action,

(1)

The International Baltic Sea Fisheries Commission (IBSFC) adopted a recommendation at its Annual meeting on 3 October 2003 on the allocation of herring in the Gulf of Riga. The necessary measures should be taken at Community level in order to implement that recommendation in Community legislation on the day following the date of accession of Estonia, Latvia, Lithuania and Poland.

(2)

The IBFSC adopted a recommendation allowing an increase of the TAC for cod in the Baltic Sea in March 2004. Implementation of that recommendation in Community legislation order should be ensured.

(3)

Within the framework of its bilateral fisheries Agreement with the Russian Federation, Latvia has obtained an arrangement on reciprocal access concerning cod and sprat. These arrangements only concern the Latvian zone of EC waters. The necessary measures should be taken to implement these arrangements in Community legislation.

(4)

The Community's fishing opportunities in Norwegian waters and the Norway's fishing opportunities in Community waters for 2004 are laid down provisionally in Annexes IB, C and VII to Regulation (EC) No 2287/2003 (2) pending the conclusion of fisheries consultations with Norway for 2004. In the Agreed Record of Conclusions of Fisheries Consultations between the Community and Norway of 24 January it was agreed to recommend to the respective authorities the fishing opportunities for 2004 in their respective waters. The necessary measures should be taken to implement the results of the consultations in Community legislation.

(5)

Quota flexibility for sole in zone II, North Sea should be allowed to improve the compatibility of quotas for flatfish in the North Sea and reduce discards.

(6)

In accordance with Annex XII to the 2003 Treaty of Accession Poland is entitled to a herring quota in zones I and II.

(7)

In accordance with the procedure provided for, the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (3);the Community has held consultations with the Faroe Islands on access to fishing for Atlanto-Scandian herring in waters north of 62° N.

(8)

In order to guarantee that towed nets with a Bacoma exit window are the only gear type used in the cod fishery in Community waters of the Baltic Sea it should not be permitted to keep other type of gear on board.

(9)

In order to avoid unnecessary social and economic hardship, fishing activities that do not catch cod should be permitted within the area closed for cod fishing to the west of Scotland, so long as such activities are clearly defined, enforceable, and do not cause an additional risk to the remaining stock of cod.

(10)

New information on the distribution of catches of cod and haddock indicates that some areas of high abundance of haddock but relatively low abundance of cod were inappropriately included in the ‘cod protection area’ defined in Annex IV. Also, some areas of relatively high cod abundance had been inappropriately excluded. An amendment to the geographical extent of the cod protection area is therefore required.

(11)

Conservation measures should not hinder the collection of scientific information appropriate for management purposes. Therefore, fishing for scientific purposes should be allowed in areas where fishing operations are prohibited.

(12)

Some calculation errors have been corrected and drafting improvements have been made.

(13)

In order to ensure the livelihood of Community fishermen, it is important that the fisheries be available as soon as possible. Therefore, it is imperative to grant an exception to the six-week period mentioned in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community.

(14)

Regulation (EC) No 2287/2003 should therefore be amended accordingly,