ISSN 1725-2555 |
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Official Journal of the European Union |
L 315 |
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English edition |
Legislation |
Volume 47 |
Contents |
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Commission Regulation (EC) No 1765/2004 of 13 October 2004 amending Regulation (EC) No 2076/2002 as regards the continued use of the substances listed in Annex II ( 1 ) |
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Commission |
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2004/693/EC: |
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Acts adopted under Title V of the Treaty on European Union |
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Corrigenda |
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(1) Text with EEA relevance |
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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
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/1 |
COUNCIL REGULATION (EC) No 1762/2004
of 24 September 2004
on administering of the double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part (1), entered into force on 1 July 1998. |
(2) |
The situation relating to imports of certain steel products from the Republic of Moldova to the European Community has been the subject of thorough examination and, on the basis of relevant information supplied to them, the Parties have concluded an Agreement in the form of an Exchange of Letters (2), which establishes a double-checking system without quantitative limits for the period between the date of entry into force of this Regulation and 31 December 2006, unless both Parties agree to terminate the system earlier. |
(3) |
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 (3), |
HAS ADOPTED THIS REGULATION:
Article 1
1. For the period 29 October 2004 to 31 December 2006, in accordance with the provisions of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community, imports into the Community of certain steel products originating in the Republic of Moldova, as listed in Annex I, shall be subject to the presentation of a surveillance document conforming to the model shown in Annex II issued by the authorities in the Community.
2. For the period referred to in paragraph 1, imports into the Community of the steel products originating in the Republic of Moldova and listed in Annex I shall, in addition, be subject to the issue of an export document issued by the competent Moldovan authorities. The export document shall conform to the model shown in Annex III. It shall be valid for exports throughout the customs territory of the Community. In order to obtain the surveillance document referred to in paragraph 1, the importer must present the original of the export document fully completed. In any case, the importer must present the original of the export document not later than 31 March of the year following that in which the goods covered by the document were shipped.
3. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter referred to as the CN). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in the Community.
4. The competent authorities of the Community shall inform the Republic of Moldova of any amendments in the CN in respect of products covered by this Regulation before the date of entry into force of such amendments in the Community.
5. Goods shipped before the 29 October 2004 shall be excluded from the scope of this Regulation. Shipment is considered to have taken place on the date of loading on to the exporting means of transport.
Article 2
1. The surveillance document referred to in Article 1 shall be issued automatically by the competent authority in the Member States, without charge for any quantities requested, within five working days of presentation of an application by any Community importer, wherever established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise.
2. A surveillance document issued by one of the competent national authorities listed in Annex IV shall be valid throughout the Community.
3. The importer’s application for a surveillance document shall include the following elements:
(a) |
the name and full address of the applicant (including telephone and telefax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT; |
(b) |
if applicable, the name and full address of the declaring person or representative of the applicant (including telephone and fax numbers); |
(c) |
the full name and address of the exporter; |
(d) |
the exact description of the goods, including:
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(e) |
the net weight, expressed in kg and also quantity in the unit prescribed where other than net weight, by CN heading; |
(f) |
the cif value of the goods in euro at the Community frontier by Combined Nomenclature heading; |
(g) |
whether the products concerned are downgraded or of non-standard quality (4); |
(h) |
the proposed period and place of customs clearance; |
(i) |
whether the application is a repeat of a previous application concerning the same contract; |
(j) |
the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: ‘I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community.’ |
The importer shall also submit a copy of the contract of sale or purchase, the pro forma invoice and/or, in cases where the goods are not directly purchased in the country of production, a certificate of production issued by the producing steel mill.
4. Surveillance documents may be used only for such time as arrangements for the liberalisation of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in force or decisions taken in the framework of an agreement or the management of a quota:
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the period of validity of the surveillance document is hereby fixed at four months, |
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unused or partly used surveillance documents may be renewed for an equal period. |
5. The importer shall return surveillance documents to the issuing authority at the end of their period of validity.
Article 3
1. A finding that the unit price at which the transaction is effected exceeds that indicated in the import document by less than 5 % or that the total value or quantity of the products presented for import exceeds the value or quantity given in the import document by less than 5 % shall not preclude the release for free circulation of the products in question.
2. Applications for import documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant.
Article 4
1. Within the first 10 days of each month, the Member States shall communicate to the Commission:
(a) |
details of the quantities and values (calculated in euro) for which import documents were issued during the preceding month; |
(b) |
details of imports during the month preceding the month referred to in (a). |
The information provided by Member States shall be broken down by product, CN code and by country.
2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant an import document.
Article 5
Any notices to be given hereunder shall be given to the Commission and shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
Article 6
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 7
Amendments to the Annexes which may be necessary to take into account modifications to the Annex or Appendices attached to the Agreement in the Form of an Exchange of Letters between the European Community and the Republic of Moldova, or amendments made to Community rules on statistics, customs arrangements, common rules for imports or import surveillance, shall be adopted in accordance with the procedure laid down in Article 6(2).
This Regulation shall enter into force on the 15th 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, 24 September 2004.
For the Council
The President
L. J. BRINKHORST
(1) OJ L 181, 24.6.1998, p. 3.
(2) See p. 33 of this Official Journal.
(3) OJ L 184, 17.7.1999, p. 23.
(4) Under the criteria given in the Commission communication concerning identification criteria of non-prime steel products from third countries applied by customs services of Member States (OJ C 180, 11.7.1991, p. 4).
ANNEX I
LIST OF PRODUCTS SUBJECT TO DOUBLE-CHECKING WITHOUT QUANTITATIVE LIMITS
MOLDOVA
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7202 |
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7203 |
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7206 |
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7207 |
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7208 |
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7209 |
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7210 |
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7211 |
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7212 |
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7213 |
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7214 |
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7215 |
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7216 |
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7217 |
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7218 |
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7219 |
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7220 |
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7221 |
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7222 |
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7223 |
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7224 |
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7225 |
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7226 |
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7227 |
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7228 |
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7229 |
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7301 |
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7303 |
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7304 |
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7305 |
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7306 |
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7307 |
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7312 |
ANNEX II
ANNEX III
ANNEX IV
LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES
SEZNAM PŘÍSLUŠNÝCH VNITROSTÁTNÍCH ORGÁNŮ
LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER
LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN
PÄDEVATE RIIKLIKE ASUTUSTE NIMEKIRI
ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ
LIST OF THE COMPETENT NATIONAL AUTHORITIES
LISTE DES AUTORITÉS NATIONALES COMPÉTENTES
ELENCO DELLE AUTORITÀ NAZIONALI COMPETENTI
VALSTU KOMPETENTO IESTĀŽU SARAKSTS
ATSAKINGŲ NACIONALINIŲ INSTITUCIJŲ SĄRAŠAS
AZ ILLETÉKES NEMZETI HATÓSÁGOK LISTÁJA
LISTA TA' L-AWTORITAJIET KOMPETENTI NAZZJONALI
LIJST VAN BEVOEGDE NATIONALE INSTANTIES
LISTA WŁAŚCIWYCH ORGANÓW KRAJOWYCH
LISTA DAS AUTORIDADES NACIONAIS COMPETENTES
ZOZNAM PRÍSLUŠNÝCH ŠTÁTNYCH ORGÁNOV
SEZNAM PRISTOJNIH NACIONALNIH ORGANOV
LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA
FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER
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BELGIQUE/BELGIË
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ČESKÁ REPUBLIKA
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DANMARK
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DEUTSCHLAND
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EESTI
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ΕΛΛΑΔΑ
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ESPAÑA
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FRANCE
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IRELAND
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ITALIA
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ΚΥΠΡΟΣ
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LATVIJA
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LIETUVA
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LUXEMBOURG
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MAGYARORSZÁG
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MALTA
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NEDERLAND
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ÖSTERREICH
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POLSKA
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PORTUGAL
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SLOVENIJA
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SLOVENSKÁ REPUBLIKA
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SUOMI/FINLAND
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SVERIGE
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UNITED KINGDOM
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14.10.2004 |
EN |
Official Journal of the European Union |
L 315/14 |
COUNCIL REGULATION (EC) No 1763/2004
of 11 October 2004
imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60, 301 and 308 thereof,
Having regard to Common Position 2004/694/CFSP on further measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (1),
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament,
Whereas:
(1) |
The International Criminal Tribunal for the former Yugoslavia (ICTY) was established by means of UN Security Council Resolutions 808 and 827 (1993), which are based on Chapter VII of the UN Charter. The ICTY has the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The Security Council argued that the widespread and flagrant violations of humanitarian law occurring within the territory of the former Yugoslavia constituted a threat to international peace and security and that the establishment, as an ad hoc measure, of an international tribunal and the prosecution of persons responsible for serious violations of international humanitarian law would contribute to the restoration and maintenance of peace. |
(2) |
On 28 August 2003, UN Security Council Resolution 1503 (2003) called on the ICTY to complete all work in 2010 and on all States to intensify cooperation with and render all necessary assistance to the ICTY, particularly to bring all fugitive indictees to the ICTY. |
(3) |
Common Position 2004/694/CFSP stipulates that certain funds and economic resources should be frozen in support of effective implementation of the mandate of the ICTY. These additional restrictive measures should be used so as to control all dealings with funds and economic resources owned by persons indicted by the ICTY who are still at large and to ban any support they might receive from within the Community. |
(4) |
These measures fall within the scope of the Treaty and, therefore, in order to avoid any distortion of competition, Community legislation is necessary to implement these measures as far as the Community is concerned. For the purposes of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. |
(5) |
For reasons of expediency, the Commission should be empowered to amend the Annexes to this Regulation. |
(6) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day of its publication, |
(7) |
The Treaty, in Articles 60 and 301, empowers the Council to take, under certain conditions, measures aimed at the interruption or reduction of payments or movement of capital and of economic relations with regard to third countries. The measures laid down in this Regulation, targeted at individual persons not directly linked to the government of a third country, are necessary to attain this objective of the Community and Article 308 of the Treaty empowers the Council to take such measures if no other specific powers are provided for in the Treaty, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
1. |
‘funds’ means financial assets and benefits of every kind, including but not limited to:
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2. |
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; |
3. |
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; |
4. |
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them. |
Article 2
1. All funds and economic resources belonging to, or owned or held by, natural persons indicted by the ICTY, and listed in Annex I, shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural persons listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to at paragraphs 1 and 2 shall be prohibited.
Article 3
By way of derogation from Article 2, the competent authorities of the Member States as listed in Annex II may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a) |
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
(d) |
necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to all other competent authorities and the Commission at least two weeks prior to the authorisation. |
The relevant competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under this Article.
Article 4
By way of derogation from Article 2, the competent authorities of the Member States as listed in Annex II may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a) |
the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to 14 October 2004 or of a judicial, administrative or arbitral judgment rendered prior to that date; |
(b) |
The funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims; |
(c) |
The lien or judgment is not for the benefit of a person, entity or body listed in Annex I; |
(d) |
Recognising the lien or judgment is not contrary to public policy in the Member State concerned. |
The relevant competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under this Article.
Article 5
Article 2(2) shall not apply to the addition to frozen accounts of:
(i) |
interest or other earnings on those accounts; or |
(ii) |
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Regulation, |
provided that any such interest, other earnings and payments continue to be subject to Article 2(1).
Article 6
Article 2(2) shall not prevent the crediting of the frozen accounts by financial institutions that receive funds transferred by third parties to the account of the listed person or entity, provided that any such additions to such accounts will also be frozen. The financial institution shall inform the competent authorities about such transactions without delay.
Article 7
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) |
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; |
(b) |
cooperate with the competent authorities listed in Annex II in any verification of this information. |
2. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.
3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 8
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.
Article 9
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 10
The Commission shall be empowered to:
(a) |
amend Annex I, taking into account the Council Decisions implementing Common Position 2004/694/CFSP, and |
(b) |
amend Annex II on the basis of information supplied by Member States. |
Article 11
The Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.
The Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 12
This Regulation shall apply:
(a) |
within the territory of the Community, including its airspace; |
(b) |
on board any aircraft or any vessel under the jurisdiction of a Member State; |
(c) |
to any person inside or outside the territory of the Community who is a national of a Member State; |
(d) |
to any legal person, group or entity which is incorporated or constituted under the law of a Member State; |
(e) |
to any legal person, group or entity doing business within the Community. |
Article 13
This Regulation shall enter into force on the day 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, 11 October 2004.
For the Council
The President
B. R. BOT
(1) See page 52 of this Official Journal.
ANNEX I
List of persons referred to in Article 2
1. |
Ante GOTOVINA. Date of birth: 12 October 1955. Place of birth: island of Pasman, Zadar, Republic of Croatia. |
2. |
Radovan KARADŽIĆ. Date of birth: 19 June 1945. Place of birth: Savnik, Serbia and Montenegro. |
3. |
Ratko MLADIĆ. Date of birth: 12 March 1942. Place of birth: Kalinovik, Bosnia and Herzegovina. |
ANNEX II
List of competent authorities referred to in Articles 3 and 4
BELGIUM
Service public fédéral des affaires étrangères, commerce extérieur et coopération au développement/Federale Overheidsdienst Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking |
Egmont 1 |
Rue des Petits Carmes/Karmelietenstraat 19 |
B-1000 Bruxelles/Brussel |
Service public fédéral des finances/Federale Overheidsdienst Financiën |
Administration de la trésorerie/Administratie van de Thesaurie |
Avenue des Arts/Kunstlaan 30 |
B-1040 Bruxelles/Brussel |
Télécopieur/fax (32-2) 233 74 65 |
Courriel/e-mail: Quesfinvragen.tf@minfin.fed.be |
CZECH REPUBLIC
Ministerstvo financí |
Finanční analytický útvar |
P.O. Box 675 |
Jindřišská 14 |
111 21 Praha 1 |
Tel: +420 25704 4501 |
Fax: +420 25704 4502 |
DENMARK
National Agency for Enterprise and Construction/Erhvervs- og Byggestyrelsen |
Dahlerups Pakhus |
Langelinie Allé 17 |
DK-2100 København Ø |
Tlf. (45) 35 46 60 00 |
Fax (45) 35 46 60 01 |
E-mail: ebst@ebst.dk |
GERMANY
Concerning freezing of funds / Einfrieren von Guthaben:
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Concerning goods / Waren:
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ESTONIA
Finantsinspektsioon |
Sakala 4 |
15030 Tallinn |
Tel: (372-6) 680 500 |
Faks: (372-6) 680 501 |
GREECE
A. |
Freezing of Assets
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A. |
Δέσμευση κεφαλαίων
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B. |
Import- Export restrictions
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B. |
Περιορισμοί εισαγωγών-εξαγωγών
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SPAIN
Dirección General del Tesoro y Política Financiera |
Subdirección General de Inspección y Control de Movimientos y Capitales |
Ministerio de Economía |
Paseo del Prado, 6 |
E-28014 Madrid |
Tel. (34) 912 09 95 11 |
Subdirección General de Inversiones Exteriores |
Ministerio de Economía |
Paseo de la Castellana, 162 |
E-28046 Madrid |
Tel. (34) 913 49 39 83 |
FRANCE
Ministère de l'économie, des finances et de l'industrie |
Direction générale des douanes et des droits indirects |
Cellule embargo — Bureau E2 |
Téléphone (33-1) 44 74 48 93 |
Télécopieur (33-1) 44 74 48 97 |
Ministère de l'économie, des finances et de l'industrie |
Direction du Trésor |
Service des affaires européennes et internationales |
Sous-direction E |
139, rue de Bercy |
F-75572 Paris Cedex 12 |
Téléphone (33-1) 44 87 72 85 |
Télécopieur (33-1) 53 18 96 37 |
Ministère des affaires étrangères
— |
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— |
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IRELAND
Central Bank and Financial Services Authority of Ireland |
Financial Markets Department |
Dame Street |
Dublin 2 |
Ireland |
Tel.: 00353 1 6716666 |
Fax: 00353 1 6798882 |
Department of Foreign Affairs |
United Nations Section |
79-80 St Stephens Green |
Dublin 2 |
Ireland |
Tel.: 00353 1 4780822 |
Fax: 00353 1 4082165 |
ITALY
Ministero degli Affari esteri |
Direzione generale per i paesi dell'Europa |
Ufficio III |
Piazzale della Farnesina, 1 |
I-00194 Roma |
Tel. (39) 06 36 91 22 78 |
Fax (39) 06 323 58 33 |
Ministero dell'Economia e delle finanze |
Dipartimento del Tesoro |
Comitato di Sicurezza finanziaria |
Via XX Settembre, 97 |
I-00187 Roma |
Tel. (39) 06 47 61 39 42 |
Fax (39) 06 47 61 30 32 |
CYPRUS
OFFICE OF THE ATTORNEY GENERAL OF THE REPUBLIC OF CYPRUS |
Tel. 357 22 889 115 |
Fax 357 22 667498 |
Address: Apelli Street 1 |
1403 Nicosia, Cyprus |
LATVIA
Latvijas Republikas Ārlietu ministrija |
Brīvības iela 36 |
Rīga LV-1395 |
Tel. (371) 7016 201 |
Fakss (371) 7828 121 |
LITHUANIA
Lietuvos Respublikos užsienio reikalų ministerija |
J. Tumo-Vaižganto 2 |
LT-01511 Vilnius, Lietuva |
Tel. (+370) 5 2362444; 2362516; 2362593 |
Faks. (+370) 5 2313090 |
El. paštas: urm@urm.lt |
Finansinių nusikaltimų tyrimo tarnyba prie Lietuvos Respublikos vidaus reikalų ministerijos |
Šermukšnių st. 3 |
LT-01106 Vilnius, Lietuva |
Tel. (+370) 5 271 74 47 |
Pasitikėjimo tel. (+370) 5 261 62 05 |
Faks. (+370) 5 262 18 26 |
El. paštas: info@fntt.lt |
LUXEMBOURG
Ministère des affaires étrangères |
Direction des relations internationales |
6, rue de la Congrégation |
L-1352 Luxembourg |
Téléphone (352) 478 23 46 |
Télécopieur (352) 22 20 48 |
Ministère des finances |
3, rue de la Congrégation |
L-1352 Luxembourg |
Téléphone (352) 478 27 12 |
Télécopieur (352) 47 52 41 |
HUNGARY
Ministry of Interior |
József Attila utca 2/4. |
H-1051 Budapest |
Hungary |
Tel. +36 (1) 441-1000 |
Fax +36 (1) 441-1437 |
Belügyminisztérium |
József Attila utca 2/4. |
H-1051 Budapest |
Magyarország |
Tel. +36 (1) 441-1000 |
Fax +36 (1) 441-1437 |
MALTA
Bord ta' Sorveljanza dwar is-Sanzjonijiet |
Direttorat ta' l-Affarijiet Multilaterali |
Ministeru ta' l-Affarijiet Barranin |
Palazzo Parisio |
Triq il-Merkanti |
Valletta CMR 02 |
Tel: +356 21 245705 |
Fax: +356 21 25 15 20 |
NETHERLANDS
Ministerie van Financiën |
Directie Financiële Markten, afdeling Integriteit |
Postbus 20201 |
2500 EE Den Haag |
Tel. 0031 703428997 |
Fax 0031 703427984 |
AUSTRIA
Oesterreichische Nationalbank |
Otto-Wagner-Platz 3 |
A-1090 Wien |
Tel. (+43-1) 404 20-00 |
Fax (+43-1) 40420-73 99 |
POLAND
Organ koordynujący:
|
|
Zamrażanie aktywów:
|
|
Pomoc prawna:
|
|
Przepływ osób:
|
|
PORTUGAL
Ministério dos Negócios Estrangeiros |
Direcção-Geral dos Assuntos Multilaterais |
Largo do Rilvas |
P-1350-179 Lisboa |
Tel.: (351) 21 394 60 72 |
Fax: (351) 21 394 60 73 |
Ministério das Finanças |
Direcção-Geral dos Assuntos Europeus e Relações Internacionais |
Avenida Infante D. Henrique, n.o 1, C 2.o |
P-1100 Lisboa |
Tel.: (351) 21 882 32 40/47 |
Fax: (351) 21 882 32 49 |
SLOVENIA
Ministrstvo za pravosodje (Ministry of justice) |
Župančičeva 3 |
1000 Ljubljana |
Slovenia |
Tel. + 386 1 369 52 00 |
Telefaks + 386 1 369 57 83 |
E-pošta: gp.mp@gov.si |
Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs) |
Prešernova 25 |
1000 Ljubljana |
Slovenia |
Tel. + 386 1 478 20 00 |
Telefaks + 386 1 478 23 40 in 478 23 41 |
E-pošta: info.mzz@gov.si |
SLOVAKIA
Ministerstvo financií Slovenskej Republiky |
Štefanovičova 5 |
P. O. Box 82 |
817 02 Bratislava |
Slovenská republika |
Tel: (421-2) 59 58 1111 |
Fax: (421-2) 52 49 80 42 |
FINLAND
Ulkoasiainministeriö/Utrikesministeriet |
PL/PB 176 |
FI-00161 Helsinki/Helsingfors |
P. (358-9) 16 00 5 |
F. (358-9) 16 05 57 07 |
SWEDEN
Riksförsäkringsverket (RFV) |
S-103 51 Stockholm |
Tfn (46-8) 786 90 00 |
Fax (46-8) 411 27 89 |
UNITED KINGDOM
HM Treasury |
Financial Systems and International Standards |
1, Horse Guards Road |
London |
SW1A 2HQ |
United Kingdom |
Tel.: (44 20) 7270 5977/5323 |
Fax: (44 20) 7270 5430 |
E-Mail: financialsanctions@hm-treasury.gov.uk |
EUROPEAN COMMUNITY
Commission of the European Communities |
Directorate-General for External Relations |
Directorate CFSP |
Unit A.2: Legal and institutional matters for external relations — Sanctions |
CHAR 12/163 |
B-1049 Bruxelles/Brussel |
tel. (32-2) 296 25 56 |
fax (32-2) 296 75 63 |
E-Mail: relex-sanctions@cec.eu.int |
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/24 |
COMMISSION REGULATION (EC) No 1764/2004
of 13 October 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 14 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 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 13 October 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
052 |
71,0 |
999 |
71,0 |
|
0707 00 05 |
052 |
100,7 |
999 |
100,7 |
|
0709 90 70 |
052 |
87,5 |
999 |
87,5 |
|
0805 50 10 |
052 |
64,4 |
388 |
54,4 |
|
524 |
61,7 |
|
528 |
40,6 |
|
999 |
55,3 |
|
0806 10 10 |
052 |
87,8 |
400 |
166,6 |
|
999 |
127,2 |
|
0808 10 20, 0808 10 50, 0808 10 90 |
388 |
99,5 |
400 |
72,4 |
|
512 |
110,5 |
|
524 |
110,5 |
|
720 |
37,1 |
|
800 |
144,9 |
|
804 |
97,7 |
|
999 |
96,1 |
|
0808 20 50 |
052 |
99,7 |
388 |
83,6 |
|
999 |
91,7 |
(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’.
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/26 |
COMMISSION REGULATION (EC) No 1765/2004
of 13 October 2004
amending Regulation (EC) No 2076/2002 as regards the continued use of the substances listed in Annex II
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 2076/2002 of 20 November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisations for plant protection products containing these substances (2), contains temporary measures to enable the development of alternatives concerning uses for which additional technical evidence had been provided demonstrating the essential need for further use of the active substance and the absence of an efficient alternative. |
(2) |
France has presented new evidence demonstrating the need for further essential uses. Such information has been evaluated by the Commission with Member State experts. |
(3) |
Derogations should be given only for cases which appear justified and which do not give rise to concern and should be restricted to the control of harmful organisms for which no efficient alternatives exist. |
(4) |
Regulation (EC) No 2076/2002 should therefore be amended accordingly. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
In Annex II to Regulation (EC) No 2076/2002 the line concerning the active substance 4-CPA (4-chlorophenoxyacetic acid) is replaced by the following:
‘4-CPA (4-chlorophenoxyacetic acid) |
Greece |
Grape (seedless) |
Spain |
Tomato, aubergine |
|
France |
Tomato, aubergine’ |
Article 2
This Regulation shall enter into force on the seventh 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, 13 October 2004.
For the Commission
David BYRNE
Member of the Commission
(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2004/71/EC (OJ L 127, 29.4.2004, p. 104).
(2) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regulation (EC) No 835/2004 (OJ L 127, 29.4.2004, p. 43).
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/27 |
COMMISSION REGULATION (EC) No 1766/2004
of 13 October 2004
amending Regulation (EC) No 2199/2003 laying down transitional measures for the application in respect of the year 2004 of Council Regulation (EC) No 1259/1999 as regards the single area payment scheme for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,
Whereas:
(1) |
Commission Regulation (EC) No 2199/2003 (1) lays down transitional measures for the application in respect of the year 2004 of the single area payment scheme in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter the new Member States). In particular, Article 8(1) provides that payments shall be made once a year within the period from 1 December 2004 to 30 April 2005. |
(2) |
In order to avoid possible cash flow difficulties during the 2004 sowing period, due to the transition from the pre-accession support regimes which provided various kinds of support, the date from which the new Member States using the single area payment scheme may start the payments to the farmers in respect of the year 2004 should be 16 October 2004. |
(3) |
Regulation (EC) No 2199/2003 should therefore be amended accordingly. |
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 8 of Regulation (EC) No 2199/2003, paragraph 1 is replaced by the following:
‘1. Payments shall be made once a year within the period from 16 October 2004 to 30 April 2005.’
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 16 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 328, 17.12.2003, p. 21. Regulation amended by Regulation (EC) No 1111/2004 (OJ L 213, 15.6.2004, p. 3).
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/28 |
COMMISSION REGULATION (EC) No 1767/2004
of 13 October 2004
amending Regulation (EC) No 2318/2001 as regards the recognition of producer organisations in the fishery and aquaculture sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 6(7) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 2318/2001 of 29 November 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the recognition of producer organisations in the fishery and aquaculture sector (2) contains in particular criteria for the recognition of associations of producer organisations recognised in one Member State. These criteria are not sufficient to cover the recognition of associations of producer organisations recognised in different Member States. |
(2) |
It is necessary to lay down the conditions and procedure for the Member States’ granting of recognition to, and withdrawal of recognition from, associations of producer organisations recognised in different Member States in such a way as to guarantee consistent application of the rules governing the common organisation of the markets in fishery and aquaculture products. |
(3) |
The setting-up of associations of producer organisations recognised in different Member States may contribute to the general objective of achieving rational and sustainable exploitation of resources falling under the common fisheries policy and securing the long-term viability of the fisheries sector. |
(4) |
Community competition rules are applicable to production of and trade in fishery products in so far as their application does neither undermine express rules establishing the common market organisation in fishery and aquaculture products nor jeopardise the attainment of the objectives of the common fisheries policy. |
(5) |
The provisions on an extension to non-members of rules introduced by a producer organisation laid down in Articles 7 and 8 of Regulation (EC) No 104/2000 are not applicable to an association of producer organisations recognised in different Member States. |
(6) |
Regulation (EC) No 2318/2001 should, therefore, be amended. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2318/2001 is amended as follows:
1. |
In the title the words ‘laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the recognition of producer organisations in the fishery and aquaculture sector’ are replaced by the following: ‘laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the recognition of producer organisations and associations of producer organisations in the fishery and aquaculture sector.’ |
2. |
Article 2 is replaced by the following: ‘Article 2 1. A Member State may grant recognition to an association of producer organisations recognised in that Member State only on condition that:
2. A Member State may grant recognition to an association of producer organisations recognised in different Member States, on condition that:
3. The Member State hosting the official headquarters of the association shall set up, in collaboration with the other Member States concerned, the administrative cooperation needed to ensure that the conditions for recognition are respected and to carry out checks on the activities of the association. Such administrative cooperation shall also cover the withdrawal of recognition. 4. An association of producer organisations may not hold a dominant position on a given market unless necessary in pursuance of the goals of Article 33 of the Treaty. 5. Articles 3, 4, 5, 6 and 7 of Regulation (EC) No 2318/2001 shall apply mutatis mutandis to the associations of producer organisations recognised in one and more than one Member State. 6. Article 2(2) of Commission Regulation (EC) No 908/2000 shall not apply to the associations of producer organisations recognised in different Member States.’ |
Article 2
This Regulation shall enter into force on the seventh 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, 13 October 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 313, 30.11.2001, p. 9.
(3) OJ L 358, 31.12.2002, p. 59.
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/30 |
COMMISSION REGULATION (EC) No 1768/2004
of 13 October 2004
fixing depreciation percentages to be applied when agricultural products are bought in, for the 2005 financial year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (1), and in particular Article 8(1) thereof,
Whereas:
(1) |
Pursuant to Article 8 of Regulation (EEC) No 1883/78, systematic depreciation of public intervention agricultural products must take place when they are bought in; accordingly the Commission determines the depreciation percentage for each product concerned before the beginning of each year. Such percentage shall not exceed the difference between the buying-in price and the foreseeable disposal price for each of these products. |
(2) |
Pursuant to Article 8(3) of Regulation (EEC) No 1883/78, the Commission may, at its discretion, restrict depreciation at the time of buying in to a proportion of this depreciation percentage, but such proportion may not be less than 70 %; coefficients to be applied also for the 2005 financial year by the intervention agencies to the monthly buying-in values of products should be fixed, to enable the agencies to establish the depreciation amounts. |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee, |
HAS ADOPTED THIS DECISION:
Article 1
1. In respect of the products listed in the Annex, which, having been bought in by public intervention have entered store or been taken over by the intervention agencies between 1 October 2004 and 30 September 2005, the authorities shall depreciate their value to account for the difference between the buying-in prices and the foreseeable selling prices of the relevant products.
2. To establish the amount of the depreciation, the intervention agencies shall apply to the values of the products bought in every month the coefficients set out in the Annex.
3. The expenditure amounts determined in this way shall be notified to the Commission under the declarations established pursuant to Commission Regulation (EC) No 296/96 (2).
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2004 onwards.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 216, 5.8.1978, p. 1. Regulation as last amended by Regulation (EC) No 1259/96 (OJ L 163, 2.7.1996, p. 10).
(2) OJ L 39, 17.2.1996, p. 5. Regulation as last amended by Regulation (EC) No 2035/2003 (OJ L 302, 20.11.2003, p. 6).
ANNEX
‘k’ depreciation coefficients to be applied to the monthly buying-in values
Products |
k |
Breadmaking common wheat |
— |
Barley |
0,20 |
Rye |
— |
Maize |
0,15 |
Sorghum |
0,15 |
Sugar |
0,55 |
Paddy rice |
0,20 |
Alcohol |
0,65 |
Butter |
0,40 |
Skimmed-milk powder |
0,20 |
Beef with bones |
0,25 |
Deboned beef |
0,25 |
II Acts whose publication is not obligatory
Council
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/32 |
COUNCIL DECISION
of 24 September 2004
concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community
(2004/692/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 the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of one part, and the Republic of Moldova, of the other part (1), entered into force on 1 July 1998. |
(2) |
The Commission has finalised the negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community, |
HAS DECIDED AS FOLLOWS:
Article 1
1. The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community is hereby approved on behalf of the Community.
2. The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Community.
Done at Brussels, 24 September 2004.
For the Council
The President
L. J. BRINKHORST
(1) OJ L 181, 24.6.1998, p. 3.
IN THE FORM OF AN EXCHANGE OF LETTERS
between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of certain steel products from the Republic of Moldova to the European Community
Sir,
1. |
I have the honour to refer to the consultations between the European Community and the Government of the Republic of Moldova on trade in certain steel products. |
2. |
Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter. |
3. |
This Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures. |
4. |
Either Party may at any time propose amendments to the Annex or the Appendices thereto, which shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-dumping or safeguard investigations be initiated or measures introduced in the European Community concerning a product under the double-checking system, Moldova will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the European Community. |
5. |
In conclusion, I have the honour to propose that if this letter, the Annex and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Moldova, which shall enter into force on the date of your reply. |
Please accept, Sir, the assurance of my highest consideration,
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magÿmula fi Brussel,
Gedaan te Brussel,
Sporządzono w Brukseli, dnia
Feito em Bruxelas,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den
Întocmit la Bruxelles
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Ghall-Komonità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
din partea Comunitătii Europene
Sir,
I have the honour to acknowledge receipt of your letter of 29 September 2004 which reads as follows:
‘1. |
I have the honour to refer to the consultations between the European Community and the Government of the Republic of Moldova on trade in certain steel products. |
2. |
Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter. |
3. |
This Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures. |
4. |
Either Party may at any time propose amendments to the Annex or the Appendices thereto, which shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-dumping or safeguard investigations be initiated or measures introduced in the European Community concerning a product under the double-checking system, Moldova will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the European Community. |
5. |
In conclusion, I have the honour to propose that if this letter, the Annex and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Moldova, which shall enter into force on the date of your reply.’ |
I have the honour to confirm that the above is acceptable to my Government and that your letter, this reply and the attached Annex and Appendices together constitute an agreement, in accordance with your proposal.
Please accept, Sir, the assurance of my highest consideration,
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magÿmula fi Brussel,
Gedaan te Brussel,
Sporządzono w Brukseli, dnia
Feito em Bruxelas,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den
Întocmit la Bruxelles
din partea Guvernului Republicii Moldova
Por el Gobierno de la República de Moldava
Za vládu Moldavské republiky
For regeringen for Republikken Moldova
Für die Regierung der Republik Moldau
Moldova Vabariigi valitsuse nimel
Για την κυβέρνηση της Δημοκρατίας της Μολδαβίας
For the Government of the Republic of Moldova
Pour le gouvernement de la République de Moldova
Per il governo della Repubblica moldova
Moldovas Republikas valdības vārdā
Moldovos Respublikos Vyriausybės vardu
a Moldovai Köztársaság kormánya nevében
Ghall-Gvern tar-Repubblika tal-Moldova
Voor de regering van de Republiek Moldavië
W imieniu Rządu Republiki Mołdowy
Pelo Governo da República da Moldova
za vládu Moldavskej republiky
Za Vlado Republike Moldavije
Moldovan tasavallan hallituksen puolesta
För Republiken Moldaviens regering
ANNEX
to the Agreement in the form of an exchange of letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community
1.1. |
For the period 29 October 2004 to 31 December 2006, unless both Parties agree to terminate the system earlier, imports into the European Community of the products listed in Appendix I originating in Moldova shall be subject to the presentation of a surveillance document conforming to the model shown in Appendix II issued by the authorities in the European Community. |
1.2. |
For the period referred to in paragraph 1.1, unless both Parties agree to terminate the system earlier, imports into the European Community of the products listed in Appendix I and which originate in Moldova shall, in addition, be subject to the issue of an export document by the competent Moldovan authorities. |
1.3. |
In order to obtain the surveillance document, the importer must present the original of the export document fully completed. In any case, the importer must present the original of the export document not later than 31 March of the year following that in which the goods covered by the document were shipped. |
1.4. |
The surveillance document and the export document are issued for every transaction. |
1.5. |
Shipment is considered to have taken place on the date of loading on to the exporting means of transport. |
1.6. |
The export document shall conform to the model shown in Appendix III. It shall be valid for exports throughout the customs territory of the European Community. |
1.7. |
The Republic of Moldova shall notify the Commission of the European Communities of the names and addresses of the appropriate Moldova governmental authorities which are authorised to issue and verify export documents together with specimens of the stamps and signatures they use. The Republic of Moldova shall also notify the Commission of any change in these particulars. |
1.8. |
The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the European Community (hereinafter referred to as the CN). The origin of the products covered by this Agreement shall be determined in accordance with the rules of non-preferential origin in force in the European Community. |
1.9. |
The competent authorities of the European Community undertake to inform the Republic of Moldova of any changes in the CN in respect of products covered by this Agreement before their date of entry into force in the European Community. |
1.10. |
Certain technical provisions on the implementation of the double-checking system are set out in Appendix IV. |
2.1. |
The Republic of Moldova undertakes to supply the European Community with precise statistical information on the export documents issued by the Moldova authorities pursuant to paragraph 1.2. Such information shall be transmitted to the European Community by the 28th of the month following the month to which the statistics relate. |
2.2. |
The European Community undertakes to supply the Moldova authorities with precise statistical information on surveillance documents issued by Member States in respect of the export documents issued by the Moldova authorities pursuant to paragraph 1.1. Such information shall be transmitted to the Moldova authorities by the 28th of the month following the month to which the statistics relate. |
3. |
If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the operation of this Agreement. Such consultations shall be held promptly. Any consultations held under this paragraph shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them. |
3.1. |
Without prejudice to paragraph 2.2, and with a view to ensuring the effective functioning of this Agreement, the Community and the Republic of Moldova agree to take all necessary steps to prevent and/or investigate, or to take any necessary legal and/or administration action against circumvention, notably by transhipment, re-routing, false declaration concerning the country of origin, falsification of export documents and/or other documents, false declaration concerning quantities, description or classification of merchandise. Accordingly, the Community and the Republic of Moldova agree to establish the necessary legal provisions and administrative procedures, in accordance with their internal legislation, permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved. |
3.2. |
Should the Parties believe on the basis of information available that this Agreement is being circumvented, the Parties shall request consultations, which shall be held immediately. |
3.3. |
Pending the results of the consultations referred to in paragraph 3.2, each Party shall, as a precautionary measure, and/or if so requested by the other Party, take all necessary measures, provided by internal legislation, to suspend or refuse the issuing of the export document and surveillance document. The Republic of Moldova may also consider to withdraw the issued export documents. |
3.4. |
Should the Parties fail, in the course of the consultations referred to in paragraph 3.2, to reach a mutually satisfactory solution, the Community shall have a right to refuse to import the product in question where sufficient evidence shows false declaration concerning quantities description or classification or country of origin has occurred. |
4. |
Any notices to be given hereunder shall be given:
|
Appendix I
|
7202 |
|
7203 |
|
7206 |
|
7207 |
|
7208 |
|
7209 |
|
7210 |
|
7211 |
|
7212 |
|
7213 |
|
7214 |
|
7215 |
|
7216 |
|
7217 |
|
7218 |
|
7219 |
|
7220 |
|
7221 |
|
7222 |
|
7223 |
|
7224 |
|
7225 |
|
7226 |
|
7227 |
|
7228 |
|
7229 |
|
7301 |
|
7303 |
|
7304 |
|
7305 |
|
7306 |
|
7307 |
|
7312 |
Appendix II
Appendix III
Appendix IV
MOLDOVA
Technical provisions on the implementation of the double-checking system
1. |
The export documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script. These documents may comprise additional copies duly indicated as such. If the documents have several copies only the top copy is the original. This copy shall be clearly marked as ‘original’ and other copies as ‘copies’. Only the original shall be accepted by the competent authorities of the European Community as being valid for the control of export to the European Community in accordance with the provisions of the double-checking system. |
2. |
Each document shall bear a standardised serial number, whether or not printed, by which it can be identified. This number shall be composed of the following elements:
|
3. |
The export documents shall be valid for the calendar year during which they are issued, as shown in Box No 3 of the export document. |
4. |
Moldova need not show price information on the export document, but that information is available to the Commission authorities on request. |
5. |
Export documents may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement ‘issued retrospectively’. |
6. |
In the event of a theft, loss or destruction of an export document, the exporter may apply to the competent governmental authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such document so issued shall bear the endorsement ‘duplicate’. The duplicate shall bear the date of the original export document. |
7. |
The competent authorities of the European Community shall be informed immediately of the withdrawal or modification of any export documents already issued and, where relevant, of the basis for such action. |
Commission
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/47 |
COMMISSION DECISION
of 8 October 2004
amending Decision 2004/233/EC as regards the list of laboratories authorised to check the effectiveness of vaccination against rabies in certain domestic carnivores
(notified under document number C(2004) 3686)
(Text with EEA relevance)
(2004/693/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (1), and in particular Article 3 thereof,
Whereas:
(1) |
Decision 2000/258/EC designated the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (the AFSSA laboratory, Nancy), France as the institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines. That Decision also provides for the AFSSA laboratory, Nancy to send to the Commission the list of Community laboratories to be authorised to carry out those serological tests. Accordingly, the AFSSA laboratory, Nancy operates the established proficiency testing procedure to appraise laboratories for authorisation to perform the serological tests. |
(2) |
Commission Decision 2004/233/EC of 4 March 2004 authorising laboratories to check the effectiveness of vaccination against rabies in certain domestic carnivores (2) established a list of approved laboratories in the Member States on the grounds of the results of the proficiency tests communicated by the AFSSA laboratory, Nancy. |
(3) |
Three laboratories, respectively in the Netherlands, Poland and Portugal, have been approved by the AFSSA laboratory, Nancy, in compliance with Decision 2000/258/EC. |
(4) |
Accordingly, it is appropriate to add those three laboratories to the list of approved laboratories in the Member States as established in the Annex to Decision 2004/233/EC. |
(5) |
In addition, following the request of Germany, certain amendments should be made to the addresses of two German laboratories. |
(6) |
Furthermore, following the request of Slovenia, the name of the diagnostic laboratory in that Member State should be amended. |
(7) |
Decision 2004/233/EC should therefore be amended accordingly. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2004/233/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 October 2004.
For the Commission
David BYRNE
Member of the Commission
(1) OJ L 79, 30.3.2000, p. 40. Decision as amended by Commission Decision 2003/60/EC (OJ L 23, 28.1.2003, p. 30).
(2) OJ L 71, 10.3.2004, p. 30. Decision as amended by Decision 2004/448/EC (OJ L 155, 30.4.2004, p. 84, as corrected in OJ L 193, 1.6.2004, p. 64).
ANNEX
‘ANNEX I
NAMES OF LABORATORIES
|
(AT) AUSTRIA
|
|
(BE) BELGIUM
|
|
(DE) GERMANY
|
|
(DK) DENMARK
|
|
(EL) GREECE
|
|
(ES) SPAIN
|
|
(FI) FINLAND
|
|
(FR) FRANCE
|
|
(IT) ITALY
|
|
(NL) NETHERLANDS
|
|
(PL) POLAND
|
|
(PT) PORTUGAL
|
|
(SE) SWEDEN
|
|
(SI) SLOVENIA
|
|
(SK) SLOVAKIA
|
|
(UK) UNITED KINGDOM
|
Nota: Regularly updated details of contact persons, fax and telephone numbers and e-mail addresses concerning the above laboratories can be found on
http://europa.eu.int/comm/food/animal/liveanimals/pets/approval_en.htm.’
Acts adopted under Title V of the Treaty on European Union
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/52 |
COUNCIL COMMON POSITION 2004/694/CFSP
of 11 October 2004
on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 15 thereof,
Whereas:
(1) |
On 30 March 2004, the Council adopted Common Position 2004/293/CFSP (1) renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the form of restrictions on admission against persons who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate. |
(2) |
The Council has reiterated the need to intensify efforts to bring Radovan Karadžić, Ratko Mladić and Ante Gotovina to the ICTY. |
(3) |
In order to supplement the measures recommended in United Nations Security Council Resolution (UNSCR) 1503, adopted on 28 August 2003, against individuals, groups or organisations assisting indictees at large, and taking into account the fact that this Resolution requests all States to intensify their cooperation with the ICTY in particular with regard to Radovan Karadžić, Ratko Mladić and Ante Gotovina, the Council considers it appropriate to freeze the assets of these individuals as part of the EU's overall effort to prevent any assistance provided to them and to bring them to the ICTY. |
(4) |
The Council will renew, or amend as appropriate, these measures if the persons subject to the assets freeze remain at large. |
(5) |
Action by the Community is needed in order to implement these measures, |
HAS ADOPTED THIS COMMON POSITION:
Article 1
1. All funds and economic resources belonging to the natural persons listed in the Annex, who have been indicted by the ICTY, shall be frozen.
2. No funds or economic resources shall be made available directly or indirectly to or for the benefit of the natural persons listed in the Annex.
3. Exemptions may be made for funds or economic resources which are:
(a) |
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
(d) |
necessary for extraordinary expenses. |
4. Paragraph 2 shall not apply to the addition to frozen accounts of:
(a) |
interest or other earnings on those accounts; or |
(b) |
payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures, |
provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
Article 2
The Council, acting upon a proposal by a Member State or the Commission, shall adopt amendments to the list contained in the Annex as required.
Article 3
In order to maximise the impact of the abovementioned measures, the European Union shall encourage third States to adopt restrictive measures similar to those contained in this Common Position.
Article 4
This Common Position shall take effect on the date of its adoption. It shall apply for a 12-month period. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
Article 5
This Common Position shall be published in the Official Journal of the European Union.
Done at Brussels, 11 October 2004.
For the Council
The President
B. R. BOT
(1) OJ L 94, 31.3.2004, p. 65.
ANNEX
List of persons referred to in Article 1
|
born 19.6.1945, in the municipality of Savnik, Serbia and Montenegro. |
||
|
born 12.3.1942, in the municipality of Kalinovik, Bosnia and Herzegovina. |
||
|
born 12.10.1955, on the island of Pasman within the Municipality of Zadar, Republic of Croatia. |
Corrigenda
14.10.2004 |
EN |
Official Journal of the European Union |
L 315/54 |
Corrigendum to Commission Regulation (EC) No 1761/2004 of 12 October 2004 laying down specific measures in the cauliflower sector
( Official Journal of the European Union L 314 of 13 October 2004 )
The publication of Regulation (EC) No 1761/2004 is to be considered null and void.