(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)

Council Regulation (EC) No 2287/2003 of 19 December 2003, fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (2), lays down quotas for haddock for 2004.

(2)

In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.

(3)

According to the information received by the Commission, catches of haddock in the waters of ICES sub-areas I and II (Norwegian zone) by vessels flying the flag of Germany or registered in Germany have exhausted the quota allocated for 2004. Germany has prohibited fishing for this stock from 9 April 2004. This date should be adopted in this Regulation also,

(1)

Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required lays down quotas for blue whiting for 2004 (3).

(2)

In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.

(3)

According to the information received by the Commission, catches of blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State have exhausted the quota allocated for 2004. The Community has prohibited fishing for this stock from 29 April 2004. This date should be adopted in this Regulation also,

(1)

Pursuant to Article 5 of Regulation (EEC) No 2081/92, Portugal has sent the Commission six applications for registration of the names ‘Paia de Toucinho de Estremoz e Borba’, ‘Chouriço de Carne de Estremoz e Borba’, ‘Paia de Lombo de Estremoz e Borba’, ‘Morcela de Estremoz e Borba’, ‘Chouriço grosso de Estremoz e Borba’ and ‘Paia de Estremoz e Borba’ as protected geographical indications.

(2)

In accordance with Article 6(1) of that Regulation, the applications have been found to meet all the requirements laid down therein and in particular to contain all the information required in accordance with Article 4 thereof.

(3)

The main elements of the specifications relating to the applications to register the names were published in the Official Journal of the European Communities on 27 April 2002 (2).

(4)

Italy has sent the Commission statements of objection to the registration of the names within the meaning of Article 7 of Regulation (EEC) No 2081/92.

(5)

The statements of objection related to non-compliance with the conditions referred to in Article 2 of the Regulation and were admissible within the meaning of Article 7(4) of the Regulation. The Commission asked the two Member States to find a mutual agreement in accordance with their internal procedures.

(6)

No agreement was reached between Portugal and Italy within the three-month deadline so the Commission has to adopt a decision using the procedure provided for in Article 15.

(7)

Firstly, Italy states that the geographical production area of the raw material is not precisely defined so that proof of origin cannot be certified. Moreover, with regard to the breed used, because there is no mention of the possibility of using cross-breeds proof of origin is insufficient even if a herd-book existed for the breed in question.

(8)

For each of the six names for which a PGI is claimed, the conditions referred to in Article 2 of Regulation (EEC) No 2081/92 are met because the processing area is precisely defined and the link is justified by the reputation and particular organoleptic characteristics. Italy’s argument is not relevant because in this case proof of origin must relate to proof of processing in the defined geographical area and not to proof of origin of the raw material. Nevertheless, the specifications may contain objective criteria concerning choice of raw material.

(9)

Secondly, Italy states that the claim of tradition of production in ‘duly licensed’ plants is not valid if the parameters to be observed and the legal person to whom the licence is granted are not mentioned. In addition, the registration applications do not describe the phases and parameters to be observed during the production process such as smoking time and temperature and maturing possibilities and methods using traditional techniques.

(10)

The files supporting the registration applications show that the licensed plants are listed and subject to controls capable of verifying that the parameters listed in the specifications are observed. The phases and parameters to be observed during the production process are precisely detailed in the specifications deposited with the Commission.

(11)

Thirdly, Italy states that the purpose of the registration applications is more to differentiate the products in commercial terms from other very similar products than to establish the existence of a diversity in agricultural production as encouraged in the second recital to Regulation (EEC) No 2081/92.

(12)

According to the specifications deposited with the Commission and the additional information provided by the Portuguese delegation, the products demonstrate noteworthy differences in the meat pieces used, the seasoning, the type and duration of curing, the type of casing used, the size of the meat and fat pieces, or the dimension, shape and taste of the finished products. In addition, the products are given different names.

(13)

Formal examination of the specifications for the names ‘Paia de Toucinho de Estremoz e Borba’, ‘Chouriço de Carne de Estremoz e Borba’, ‘Paia de Lombo de Estremoz e Borba’, ‘Morcela de Estremoz e Borba’, ‘Chouriço grosso de Estremoz e Borba’ and ‘Paia de Estremoz e Borba’ revealed no obvious error of assessment.

(14)

Accordingly, the names qualify for entry in the Register of protected designations of origin and protected geographical indications and should therefore be protected throughout the Community as geographical indications.

(15)

The Annex to this Regulation supplements the Annex to Commission Regulation (EC) No 2400/96 (3).

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee on Protected Designations of Origin and Protected Geographical Indications,

(1)

Directive 70/524/EEC provides that no additive may be put into circulation unless a Community authorisation has been granted.

(2)

In the case of additives referred to in part II of Annex C to Directive 70/524/EEC, which includes micro-organisms and enzymes, authorisation without a time limit of an additive already authorised may be given if the conditions laid down in Article 3(a) are satisfied.

(3)

The use of the micro-organism preparation of Enterococcus faecium (DSM 10663/NCIMB 10415) was provisionally authorised, for the first time, for chickens for fattening by Commission Regulation (EC) No 1636/1999 (3).

(4)

New data were submitted in support of the application for authorisation without a time limit of this micro-organism.

(5)

The assessment of the application for authorisation submitted in respect of this micro-organism, shows that the conditions provided for in Directive 70/524/EEC for authorisation without a time limit are satisfied.

(6)

The use of this micro-organism for chickens for fattening, specified in Annex I, should therefore be authorised without a time limit.

(7)

The use of the enzyme preparation of endo-1,4-beta-glucanase, endo-1,3(4)-beta-glucanase and endo-1,4-beta-xylanase produced by Trichoderma longibrachiatum (ATCC 74 252) was provisionally authorised, for the first time, for chickens for fattening in liquid form by Commission Regulation (EC) No 1436/1998 (4), and in granular form by Commission Regulation (EC) No 937/2001 (5).

(8)

The use of the enzyme preparation of endo-1,3(4)-beta-glucanase produced by Aspergillus aculeatus (CBS 589.94) was provisionally authorised, for the first time, for chickens for fattening by Commission Regulation (EC) No 654/2000 (6).

(9)

The use of the enzyme preparation endo-1,3(4)-beta-glucanase and endo-1,4-beta-xylanase produced by Penicillium funiculosum (IMI SD 101) was provisionally authorised, for the first time, for chickens for fattening by Commission Regulation (EC) No 866/1999 (7).

(10)

The use of the enzyme preparation endo-1,4-beta-xylanase produced by Aspergillus niger (CBS 520.94) was provisionally authorised, for the first time, for chickens for fattening by Commission Regulation (EC) No 1436/1998 (8).

(11)

The use of the enzyme preparation endo-1,4-beta-xylanase produced by Bacillus subtilis (LMG-S 15136) was provisionally authorised, for the first time, for chickens for fattening in solid form by Commission Regulation (EC) No 1353/2000 (9) and in liquid form by Commission Regulation (EC) No 2188/2002 (10).

(12)

New data were submitted in support of the applications for authorisation without a time limit of each of these enzyme preparations.

(13)

The assessment of the applications for authorisation submitted in respect of each of these enzyme preparations, shows that the conditions provided for in Directive 70/524/EEC for authorisation without time limit are satisfied.

(14)

The use of these enzyme preparations for chickens for fattening under the conditions set out in Annexes II, III, IV, V and VI should therefore be authorised without a time limit.

(15)

The assessment of these applications shows that certain procedures should be required to protect workers from exposure to the additives set out in the Annexes. Such protection should be assured by the application of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (11), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (12).

(16)

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

(1)

Commission Regulation (EC) No 896/2001 (2) laid down detailed rules for applying Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community.

(2)

Commission Regulation (EC) No 838/2004 (3) adopted the transitional measures needed to facilitate the transition from the arrangements in force in the new Member States prior to accession to the import arrangements in force under the common organisation of the markets in the banana sector. In order to ensure market supply, in particular in the new Member States, that Regulation fixed an additional quantity on a transitional basis over and above the quotas opened for imports of products originating in all third countries by Article 18(1) of Regulation (EEC) No 404/93 on the same terms as regards tariffs, for the period from 1 May to 31 December 2004.

(3)

On a transitional basis, to allow the issue of import licences for a first instalment at the beginning of May 2004, Regulation (EC) No 838/2004 adopted the rules for the fixing of a provisional reference quantity for traditional operators and a provisional allocation for non-traditional operators. The purpose of this fixing was to allow the competent national authorities to make checks and verify the supporting documents submitted by operators, to correct declarations made under Articles 4 and 5 of Regulation (EC) No 414/2004 (4) or national provisions with the same objective adopted by the new Member States and to rectify, where necessary, the notifications referred to in Article 7(3) of that Regulation or provided for in national provisions to that end adopted by the new Member States in good time before the next instalment of the additional quantity was opened.

(4)

Once these controls have been carried out by the Member States in cooperation with the Commission, and on the basis of consolidated data notifications, provision should be made for the competent national authorities to fix, for the period from 1 May to 31 December 2004, the specific reference quantity for traditional operators or the specific allocation for non-traditional operators, as the case may be. In view of the difficulties encountered by traditional operators in obtaining copies of the required proof of release for free circulation in the country of destination, provision should be made for this specific reference quantity to be established on the basis of the supporting documents and documents provided for in Article 6(2) and (4) of Regulation (EC) No 414/2004, as amended by Regulation (EC) No 689/2004.

(5)

With a view to managing the additional quantity fixed in Article 3 of Regulation (EC) No 838/2004, the coefficients to be applied to the overall quantities notified by the Member States should be fixed, on the one hand, and provision should be made, on the other, for the adjustment coefficient to be applied by the competent authorities to the individual quantity for each operator to be fixed for the period from 1 May to 31 December 2004.

(6)

The quantity available for the issue of licences with a view to importing bananas into the new Member States in a second instalment from July 2004 should be fixed, and the rules for the submission of applications and for the issue of licences should be adopted.

(7)

The procedures for the management of the additional quantity for the last quarter of 2004 must be laid down.

(8)

Regulation (EC) No 838/2004 should therefore be amended accordingly. This Regulation must enter into force on the day of its publication in order to allow import licences to be issued in July 2004.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,

1.

Articles 5, 6, 7 and 8 shall be replaced by the following:

2.

The following Articles are inserted:

(1)

Article 13(1) of Regulation (EC) No 1784/2003 and Article 13(1) of Regulation (EC) No 3072/95 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for 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 (3), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex B to Regulation (EC) No 3072/95 as appropriate.

(3)

In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

(6)

Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Council Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 to the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

(8)

It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.

(9)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2004/2005 marketing year are fixed by Commission Regulation (EC) No 1210/2004 (3). These prices and duties have been amended by Commission Regulation (EC) No 1253/2004 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

(1)

The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1226/2004 (2).

(2)

Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 1226/2004 was adopted, those refunds should be adjusted,

(1)

Article 13 of Regulation (EC) No 1784/2003 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.

(2)

Article 13 of Regulation (EC) No 3072/95 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

(3)

Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

(9)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(1)

Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (3) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.

(2)

The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.

(3)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(a)

EUR 10,94/tonne for starch from maize, wheat, barley, oats, rice or broken rice;

(b)

EUR 9,62/tonne for potato starch.

(1)

Article 7(1) of Regulation (EC) No 1342/2003 fixes the term of validity of export licences, in particular for products processed from maize. That term of validity extends to the end of the fourth month following that of issue of the licence. The term of validity is fixed in accordance with market requirements and the need for sound management.

(2)

The current situation on the maize market makes it desirable to limit the issuing of licences in order to avoid committing quantities from the new marketing year. Licences to be issued in forthcoming months must be reserved for exports before September 2004. To that end, the term of validity of export licences to be issued for execution up to 3 September 2004 must be limited. A temporary derogation should accordingly be introduced to Article 7(1) of Regulation (EC) No 1342/2003.

(3)

In order to ensure sound management of the market and to prevent speculation, provision should be made for customs export formalities for export licences for products processed from maize to be completed by 3 September 2004 at the latest either as direct exports or exports under the arrangements laid down in Articles 4 and 5 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (3). Such limiting of the term of validity of export licences entails a derogation from Articles 28(6) and 29(5) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (4).

(4)

The application of the measures provided for in this Regulation must coincide with its entry into force in order to avoid potential market disturbance.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

(1)

Regulation (EC) No 838/2004 fixes at 300 000 tonnes the additional quantity available for imports of bananas into the new Member States in the period from 1 May to 31 December 2004, at a rate of 249 000 tonnes for traditional operators and 51 000 tonnes for non-traditional operators.

(2)

Pending the outcome of the controls and verifications of the documents and supporting documents submitted by the operators under Article 6 of Regulation (EC) No 414/2004 (2) or national provisions adopted to this end by the new Member States before accession, Articles 5, 6 and 7 of Regulation (EC) No 838/2004 provide for the fixing for each operator, as appropriate, of a provisional reference quantity or allocation, so allowing import licences to be issued at the beginning for May for an initial tranche of the additional quantity. To this end, Regulation (EC) No 839/2004 (3) fixes the adjustment coefficients necessary for determining the operators' individual provisional quantities.

(3)

At the end of these control operations, in accordance with Articles 6 and 7 of Regulation (EC) No 838/2004, as amended, the adjustment coefficients needed for the competent national authorities to determine the specific reference quantities of traditional operators and the specific allocations for non-traditional operators in the period 1 May to 31 December 2004 should be fixed.

(4)

In the light of the national authorities’ notifications, the sum total of the specific reference quantities of traditional operators amounts to 574 641,499 tonnes; the total of the applications for a specific allocation made by non-traditional operators amounts to 203 401,506 tonnes.

(5)

The adjustment coefficients mentioned above must therefore be fixed in the light of the additional quantities and the Member States' notifications. So that the operators can submit licence applications for a second tranche within time in July 2004, this Regulation must enter into force immediately,

(a)

the adjustment coefficient to be applied to the specific reference quantity of each traditional operator as referred to in Article 6(2) of the abovementioned Regulation shall be 0.64964.

(b)

the adjustment coefficient to be applied to the application for a specific allocation made by each non-traditional operator as referred to in Article 7(1) shall be 0.25073.

(1)

Article 9(1) of Joint Action 2004/523/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

(2)

The Secretary-General/High Representative has proposed the appointment of Ms Sylvie PANTZ,