(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)

Oats are one of the products covered by the common organisation of the market in cereals. They are not, however, included among the basic cereals referred to in Article 5 of Regulation (EC) No 1784/2003 for which provision is made for intervention buying-in.

(2)

Oats are a major traditional crop in Finland and Sweden and are well suited to the weather conditions in those countries. Production far exceeds requirements in those countries with the result that they are required to dispose of surpluses by exporting them to third countries. Membership of the Community has not altered the previously existing situation.

(3)

Any reduction in the quantity of oats grown in Finland and Sweden would increase that of other cereals which do qualify for intervention arrangements, especially barley. Production of barley is in surplus not only in those two countries but also across the whole of the Community. A switch from oats to barley would only worsen the situation and create further surpluses. It is necessary therefore to ensure that exports of oats to third countries can continue.

(4)

Refunds may be granted in respect of oats pursuant to Article 13 of Regulation (EC) No 1784/2003. The geographical situation of Finland and Sweden places those countries in a less favourable position from the point of view of exporting than other Member States. The fixing of refunds on the basis of Article 13 favours primarily exports from other Member States. It is anticipated therefore that the production of oats in Finland and in Sweden will give way increasingly to that of barley. Consequently, in coming years, substantial quantities of barley must be expected to enter intervention storage in Finland and Sweden pursuant to Article 5 of Regulation (EC) No 1784/2003, the only possibility of disposal being export to third countries. Exports from intervention storage are more costly to the Community budget than direct exports.

(5)

These additional costs can be avoided under a special intervention measure within the meaning of Article 7 of Regulation (EC) No 1784/2003. Such an intervention measure may take the form of a measure intended to relieve the market in oats in Finland and Sweden. The grant of a refund by a tendering procedure, applicable only to oats produced and exported from those two countries, would be the most appropriate measure in the circumstances.

(6)

The nature and objectives of the said measure make it appropriate to apply to it, mutatis mutandis, Article 13 of Regulation (EC) No 1784/2003 and the regulations adopted for its implementation, in particular Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

(7)

Regulation (EC) No 1501/95 requires tenderers, among their other undertakings, to apply for an export licence and lodge a security. The amount of that security should be laid down.

(8)

The cereals in question should actually be exported from the Member States for which a special intervention measure was implemented. It is necessary therefore to limit the use of export licences to exports from the Member State in which application for the licence was made and to oats produced in Finland and Sweden.

(9)

Taking account of the ‘double profit’ agreements with Bulgaria and Romania, it is necessary to exclude these countries from the list of eligible destinations. Furthermore, as these support measures are calculated in function of distant destinations, it is important to exclude the close destinations most likely to benefit from the measure, i.e. Switzerland and Norway.

(10)

In order to ensure equal treatment for all concerned, it is necessary to provide that the licences issued have an identical period of validity.

(11)

For the sake of satisfactory operation of export tendering procedures, a minimum quantity should be set and the time limit for the submission of tenders to the competent authority and the form in which tenders are to be forwarded should be specified.

(12)

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

(a)

they relate to not less than 1 000 tonnes;

(b)

they are accompanied by a written undertaking from the tenderer specifying that they relate solely to oats grown in Finland and Sweden which are to be exported from those countries.

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Asetus (EY) N:o 1565/2004 — Todistus on voimassa ainoastaan Suomessa ja Ruotsissa,

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Förordning (EG) nr 1565/2004 — Licensen giltig endast i Finland och Sverige.

(1)

Annex V to Regulation (EC) No 1210/2003 lists the competent authorities to which specific functions related to the implementation of that Regulation are attributed.

(2)

On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia acceded to the European Union. The Act of Accession does not make provision for amendment of that Annex.

(3)

The competent authorities of the new Member States should, therefore, be included as from 1 May 2004 in that Annex,

(1)

The Annex to Regulation (EC) No 1727/2003 lists the competent authorities to which specific functions related to the implementation of that Regulation are attributed.

(2)

On 1 May 2004, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia acceded to the European Union. The Act of Accession does not make provision for amendment of that Annex.

(3)

The competent authorities of the new Member States should, therefore, be included as from 1 May 2004 in that Annex,

(1)

Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks (2) lays down quotas for greater silver smelt 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 greater silver smelt in the waters of ICES subareas V, VI and VII (Community waters and waters not subject to the sovereignty or jurisdiction of third countries) by vessels flying the flag of France or registered in France have exhausted the quota for 2004. France has prohibited fishing for this stock from 17 July 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 fishing 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 pollock for 2004 (2).

(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 pollock in the waters of ICES subareas IX, X and CECAF 34.1.1 (EC waters) by vessels flying the flag of Portugal or registered in Portugal have exhausted the quota allocated for 2004. Portugal has prohibited fishing for this stock from 15 July 2004. This date should be adopted in this Regulation also,

(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 last been amended by Commission Regulation (EC) No 1560/2004 (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,