ISSN 1725-2555 |
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Official Journal of the European Union |
L 260 |
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English edition |
Legislation |
Volume 47 |
Contents |
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I Acts whose publication is obligatory |
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II Acts whose publication is not obligatory |
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Council |
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Commission |
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2004/590/EC: |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts whose publication is obligatory
6.8.2004 |
EN |
Official Journal of the European Union |
L 260/1 |
COUNCIL REGULATION (EC) No 1421/2004
of 19 July 2004
amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
Regulation (EC) No 2792/1999 (2) lays down provisions relating to the protection and development of aquatic resources and to the development of the Community aquaculture sector. |
(2) |
Community legislation establishes the possibility of supplementary aid for scrapping when a recovery plan is applicable. In such a case, or where emergency measures adopted by the Commission or Member States are liable to have similar effects, aid for crew members who are forced to give up fishing owing to the plan or the measures should also be increased. The same should be applicable to crew members who lose their jobs, without the vessel being scrapped, owing to the adoption of a recovery plan or emergency measures. |
(3) |
The Commission issued on 19 September 2002 a communication to the European Parliament and the Council on a strategy for the sustainable development of European aquaculture. The implementation of the strategy involves the need to amend Regulation (EC) No 2792/1999. |
(4) |
The protection and development of aquatic resources do not exclusively concern measures taken at sea, but also, and in particular for anadromous and catadromous species in inland waters. In this respect, the rehabilitation and re-opening of migration routes and spawning areas is of particular importance. |
(5) |
Any increase in production in excess of the likely evolution in demand should not be encouraged. Better marketing strategies have to be implemented, but reliable statistics on fish consumption are often lacking, as is economic analysis on markets and marketing of aquaculture products. |
(6) |
Harmful algae blooms are among the most serious threats for the future of shellfish farming in Europe. Sometimes a bloom can last for exceptionally long periods or occur during a period of concentrated sales and compensation for the shellfish farmers affected may be justified, except in the case of recurring phenomena. |
(7) |
Enlarging the knowledge base of the industry encompasses all the aspects of farming and is paramount for aquaculture. Due to the inadequacy of the funds allocated for this purpose, it is essential to further encourage applied research and technological development in aquaculture, by expanding the opportunities for its public financing and promoting private initiative in this area. |
(8) |
Aquaculture enterprises should be encouraged to improve their environmental performance and to develop voluntarily initiatives that go beyond the minimum legal requirements in terms of environmental protection. |
(9) |
In order to enable public aid for aquaculture service vessels to be maintained, it is necessary to establish a clear distinction between those vessels and fishing vessels as defined in Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (3), since some fishing vessels may be exclusively used in aquaculture but could possibly revert to fishing activity. |
(10) |
To encourage permanent reduction in fishing effort where a recovery plan is adopted by the Council or emergency measures are adopted by the Commission or Member States, reimbursement of aid previously received by vessels affected by the plan or the measures should not be required. |
(11) |
Where a vessel has to replace fishing gear in the event of a recovery plan, it should be possible to consider the first replacement of fishing gear as eligible expenditure. |
(12) |
Community vessels may be required to use acoustic deterrent devices in certain fisheries to reduce incidental capture and killing of cetaceans. The cost to comply with such an obligation should be eligible to vessel modernisation aid. |
(13) |
The intervention by public authorities in favour of aquaculture from the late 1970s has stimulated production growth, but nowadays the situation has changed and overproduction is a threat for some branches. Consequently, new priorities within the aquaculture measures in the Financial Instrument for Fisheries Guidance Programmes should be set and in certain cases the rate of aid should be reduced. |
(14) |
Some forms of finfish farming may have an ecologically beneficial role, as a way to associate an economic activity with the conservation or development of wetlands. In such circumstances an increase in public support is justified. |
(15) |
Regulation (EC) No 2792/1999 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2792/1999 is hereby amended as follows:
1. |
In Article 10(3), point (a) is replaced by the following:
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2. |
In Article 12(3), the following point is added:
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3. |
In Article 12(4), point (c) is replaced by the following:
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4. |
In Article 13(1), point (a) is replaced by the following:
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5. |
In Article 15(3), point (n) is replaced by the following:
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6. |
Article 16 is amended as follows:
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7. |
In Article 17(2), the following subparagraph is added: ‘Small-scale, applied-research initiatives, not exceeding EUR 150 000 in total cost and three years in duration, carried out by an economic operator, a scientific or technical body, a representative professional organisation or other competent body, shall be eligible as pilot projects, provided that they contribute to the objectives of sustainable development of the aquaculture industry in the Community.’ |
8. |
Annex III is amended as follows:
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Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2004.
For the Council
The President
C. VEERMAN
(1) Opinion delivered on 1 April 2004 (not yet published in the Official Journal).
(2) OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regulation (EC) No 639/2004 (OJ L 102, 7.4.2004, p. 9).
6.8.2004 |
EN |
Official Journal of the European Union |
L 260/6 |
COMMISSION REGULATION (EC) No 1422/2004
of 5 August 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) |
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
(2) |
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 2004.
For the Commission
J. M. SILVA RODRÍGUEZ
Agriculture Director-General
(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).
ANNEX
to Commission Regulation of 5 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0707 00 05 |
052 |
44,5 |
999 |
44,5 |
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0709 90 70 |
052 |
67,8 |
999 |
67,8 |
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0805 50 10 |
388 |
57,5 |
508 |
46,6 |
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520 |
45,9 |
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524 |
60,8 |
|
528 |
52,9 |
|
999 |
52,7 |
|
0806 10 10 |
052 |
126,9 |
204 |
108,5 |
|
220 |
129,5 |
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400 |
172,1 |
|
624 |
144,7 |
|
628 |
136,6 |
|
999 |
136,4 |
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0808 10 20 , 0808 10 50 , 0808 10 90 |
388 |
88,4 |
400 |
96,5 |
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404 |
98,4 |
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508 |
67,4 |
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512 |
72,6 |
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528 |
96,3 |
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720 |
49,2 |
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800 |
124,8 |
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804 |
79,6 |
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999 |
85,9 |
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0808 20 50 |
052 |
155,6 |
388 |
80,1 |
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528 |
46,7 |
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999 |
94,1 |
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0809 20 95 |
052 |
309,0 |
400 |
290,2 |
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404 |
288,3 |
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999 |
295,8 |
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0809 30 10 , 0809 30 90 |
052 |
152,6 |
999 |
152,6 |
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0809 40 05 |
066 |
32,0 |
093 |
41,6 |
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094 |
37,5 |
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512 |
91,6 |
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624 |
104,1 |
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999 |
61,4 |
(1) Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘ 999 ’ stands for ‘of other origin’.
II Acts whose publication is not obligatory
Council
6.8.2004 |
EN |
Official Journal of the European Union |
L 260/8 |
COUNCIL DECISION
of 19 July 2004
concerning the notification to the Republic of Korea of the withdrawal of the European Community from the Agreement on telecommunications procurement between the European Community and the Republic of Korea
(2004/589/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300, thereof,
Having regard to Article 8(5) of the Agreement on telecommunications procurement between the European Community and the Republic of Korea (1) (hereinafter referred to as the ‘Agreement’) as adopted by Decision 97/784/EC (2),
Having regard to the proposal from the Commission,
Whereas:
(1) |
Pursuant to Article 8(5) of the Agreement either Party may withdraw from the Agreement by notifying the other party. |
(2) |
The Agreement has, with the withdrawal of the Community telecommunications operators, the liberalisation of the Korean telecommunications market and the privatisation of Korea Telecom, become devoid of purpose. |
(3) |
Korea also considers that the Agreement has become devoid of purpose. |
(4) |
It is appropriate that the Community should withdraw from the Agreement. |
(5) |
The Council should authorise the Commission to notify the withdrawal from the Agreement. |
(6) |
The Memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea (3) should be maintained, |
HAS DECIDED AS FOLLOWS:
Article 1
The Community hereby withdraws from the Agreement on telecommunications procurement between the European Community and the Republic of Korea.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to notify the Republic of Korea of the withdrawal.
Done at Brussels, 19 July 2004.
For the Council
The President
P. H. DONNER
(1) OJ L 321, 22.11.1997, p. 32.
Commission
6.8.2004 |
EN |
Official Journal of the European Union |
L 260/9 |
COMMISSION DECISION
of 4 June 2004
recognising the fully operational character of the Cypriot database for bovine animals
(notified under document number C(2004) 1969)
(Only the Greek text is authentic)
(Text with EEA relevance)
(2004/590/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57 thereof,
Whereas:
(1) |
Cyprus has presented a request for recognition of the fully operational character of the database that forms part of the Cypriot system for the identification and registration of bovine animals, pursuant to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 June 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (1). |
(2) |
The Cypriot authorities have submitted appropriate information that was updated to 31 March 2004. |
(3) |
The Cypriot authorities have undertaken to improve the reliability of this database ensuring in particular that (i) additional measures, including inspections, shall be implemented to improve the observation of the five working days deadline for notification by the keeper of births, deaths and movements, in particular onto farms, (ii) additional measures shall be implemented to allow rapid correction of errors or omissions detected automatically or during on-the-spot inspections, (iii) additional plausibility tests shall be implemented to ensure the quality of the information in the database, in particular on births, (iv) the event database shall be re-enforced to ensure the quality of the information concerning the application of replacement eartags, (v) measures shall be implemented to ensure that controls on identification and registration of bovine animals are carried out in accordance with Commission Regulation (EC) No 1082/2003 (2). |
(4) |
The Cypriot authorities undertook to implement the agreed improvement measures at the latest by 30 April 2004. |
(5) |
In view of the above, it is appropriate to recognise the fully operational character of the Cypriot database for bovine animals, |
HAS ADOPTED THIS DECISION:
Article 1
The Cypriot database for bovine animals is recognised as fully operational from 1 May 2004.
Article 2
This Decision is addressed to the Republic of Cyprus.
Done at Brussels, 4 June 2004.
For the Commission
David BYRNE
Member of the Commission
(1) OJ L 204, 11.8.2000, p. 1. Regulation as amended by the 2003 Act of Accession.
(2) OJ L 156, 25.6.2003, p. 9. Regulation as amended by Regulation (EC) No 499/2004 (OJ L 80, 18.3.2004, p. 24).