(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)

Under Article 5 of Regulation (EEC) No 2081/92, France has sent the Commission an application for registration of the name ‘Valençay’ as a designation of origin, the United Kingdom has sent the Commission an application for registration of the name ‘Scottish Farmed Salmon’ as a geographical indication, and Spain has sent the Commission an application for registration of the name ‘Ternera de Extremadura’ as a geographical indication and an application for registration of the name ‘Aceite de Mallorca’ or ‘Aceite mallorquín’ or ‘Oli de Mallorca’ or ‘Oli mallorquí’ as a designation of origin.

(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)

No statement of objection, within the meaning of Article 7 of Regulation (EEC) No 2081/92, has been sent to the Commission following the publication in the Official Journal of the European Union (2) of the names listed in the Annex to this Regulation.

(4)

The names consequently qualify for inclusion in the ‘Register of protected designations of origin and protected geographical indications’ and to be protected at Community level as a protected designation of origin or protected geographical indication.

(5)

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

(1)

Article 3 of the Commission Regulation (EC) 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing years.

(2)

The criteria for setting the minimum price and the production aid are laid down in Articles 6b and 6c respectively of Regulation (EC) No 2201/96.

(3)

The products for which the minimum price and the aid are to be set are listed in Article 3 of Commission Regulation (EC) No 464/1999 of 3 March 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes (3) and the characteristics that these products must possess are laid down in Article 2 of that Regulation. The minimum price and the production aid should therefore be set for the 2004/2005 marketing year.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

(a)

the minimum price referred to in Article 3 of Regulation (EC) No 2201/96 for dried ‘d'Ente’ plums shall be EUR 1 935,23 per tonne net ex-producer's premises;

(b)

the production aid referred to in Article 4 of that Regulation for prunes shall be EUR 923,17 per tonne net.

(1)

Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.

(2)

Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.

(3)

Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.

(4)

The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.

(5)

In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.

(6)

Application of Regulation (EC) No 1503/96 results in an adjustment of the import duties as set out in the Annexes to this Regulation,

(1)

Avian influenza is a highly contagious viral disease in poultry and birds, which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming.

(2)

There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

(3)

On 6 August 2004 the Republic of South Africa have confirmed an outbreak of highly pathogenic avian influenza in two ratite farms in the Eastern Cape Province.

(4)

This detected avian influenza virus strain is of subtype H5N2 and therefore different from the strain currently causing the epidemic in Asia. Current knowledge suggests that the risk for public health in relation to this subtype is inferior to the risk of the strain circulating in Asia, which is an H5N1 virus subtype.

(5)

At this moment for poultry and poultry products, the Republic of South Africa is only authorised to export to the Community live ratites and their hatching eggs and fresh meat from ratites and meat products containing ratite meat, as well as birds other than poultry.

(6)

However the competent authorities of South Africa suspended certification of live raties and their meat to the European Union on 6 August 2004 until the situation becomes clearer.

(7)

In view of the animal health risk of disease introduction into the Community, it is therefore appropriate as an immediate measure to suspend imports of live ratites and hatching eggs of these species from the Republic of South Africa.

(8)

In accordance with Commission Decision 2000/666/EC (3) importation of birds other than poultry is authorised from all member countries of the OIE (World Organisation for Animal Health) subject to animal health guarantees provided by the country of origin, and to strict post-import quarantine measures in the Member States.

(9)

However, the importation of birds other than poultry, and also of pet birds accompanying their owners into the Community from the Republic of South Africa should be suspended as an additional measure in order to exclude any possible risk for disease occurrence in quarantine stations under the authority of the Member States.

(10)

Furthermore the importation into the Community from the Republic of South Africa should be suspended for fresh meat of ratites and wild and farmed feathered game, meat preparations and meat products consisting of, or containing meat of those species, obtained from birds slaughtered after 16 July 2004.

(11)

Commission Decision 97/222/EC (4), lays down the list of third countries from which Member States may authorise the importation of meat products, and establishes treatment regimes in order to prevent the risk of disease transmission via such products. The treatment that must be applied to the product depends on the health status of the country of origin, in relation to the species the meat is obtained from; in order to avoid an unnecessary burden on trade, imports of poultry meat products originating in the Republic of South Africa treated to a temperature of at least 70° Celsius throughout the product should continue to be authorised.

(12)

As soon as the Republic of South Africa has communicated further information on the disease situation and the control measures taken in this respect the measures taken on Community level in relation to this outbreak should be reviewed.

(13)

The provisions of this Decision will be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

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live ratites and hatching eggs of these species, and

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birds other than poultry including pet birds accompanying their owners.

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fresh meat of ratites, and of

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meat preparations and meat products consisting of, or containing meat of those species.