(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)

Commission Regulation (EC) No 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

(2)

Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(3)

Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3). These quantities must be allocated taking account of the perishability of the products concerned.

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

(5)

In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

(6)

The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

(7)

Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

(8)

In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

(9)

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

(1)

The annual tariff quotas for certain processed agricultural products provided for in the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, concerning Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation (3) (hereinafter the Agreement), should be opened for 2005.

(2)

The annual quota for goods classified under CN codes 2202 10 00 and ex 2202 90 10, laid down in the Agreement, has been exhausted. In accordance with the Agreement it should in consequence be increased by 10 % for 2005.

(3)

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4) lays down rules for the management of tariff quotas. It is appropriate to provide that the tariff quotas opened by this Regulation are to be managed in accordance with those rules.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the management committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I to the Treaty,

(1)

Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (1) institutes a Community system of protection for traditional specialities and provides in Articles 12 and 15 for a Community symbol and indication.

(2)

Annex I to Commission Regulation (EEC) No 1848/93 of 9 July 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (2) sets out that Community symbol and that indication in all Community languages.

(3)

By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States.

(4)

Regulation (EEC) No 1848/93 should therefore be amended accordingly,

(1)

Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) institutes a Community system of protection for geographical indications and designations of origin.

(2)

Annex I to Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2) sets out the relevant Community symbol and indication in all Community languages.

(3)

By reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, it is necessary to provide the Community symbol and indication in the languages of the new Member States.

(4)

Regulation (EEC) No 2037/93 should therefore be amended accordingly,

(1)

Article 9(2) of Commission Regulation (EC) No 1535/2003 (2) provides that amendments to contracts may increase the quantity originally stipulated in the contract by no more than 30 %. However, for dried figs intended for the production of fig pastes, that percentage may be up to 100 % of the quantities originally stipulated in the contract between the producer and the processor. That derogation applies only until the 2003/04 marketing year.

(2)

Since the reasons for the derogation, i.e. the fact that production and exportation extend over the whole of the marketing year, continue to apply, it should be made permanent.

(3)

Regulation (EC) No 1535/2003 should therefore be amended accordingly.

(4)

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

(1)

Article 8(1) of Commission Regulation (EC) No 245/2001 (2), which laid down detailed rules for the application of Regulation (EC) No 1673/2000, stipulates that the apportioning of 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities, as provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000, must be effected before 16 November of the marketing year in progress.

(2)

To that end, Denmark and Italy have sent the Commission information relating to areas covered by sale/purchase contracts, processing commitments and processing contracts, and estimated flax and hemp straw and fibre yields.

(3)

Conversely, no flax or hemp fibre will be produced for the 2004/05 marketing year in Greece, Ireland or Luxembourg.

(4)

On the basis of estimates of production resulting from the information provided, total production in the five Member States concerned will not reach the overall quantity of 5 000 tonnes allocated to them, and the national guaranteed quantities as set out below should be set.

(5)

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

(1)

Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.

(2)

Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.

(3)

Rules for management of the quotas established for 2005 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly.

(4)

The measures adopted in previous years, such as those in Commission Regulation (EC) No 2308/2003 establishing rules for the management and distribution of textile quotas established for the year 2004 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2005 whilst excluding the adjustments made in Regulation (EC) No 2308/2003 to take account of the enlargement of the European Union from 1 May 2004.

(5)

In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method.

(6)

To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2005 equivalent to the quantity which they imported in 2004.

(7)

To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.

(8)

For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers’ applications, to extend by three months and up to 31 March 2006 licences of which at least one half has been used by the application date.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,

(1)

Regulation (EC) No 417/2002 is based on the definitions and standards detailed in Annex I of the International Convention for the Prevention of Pollution from Ships (hereinafter ‘the Marpol Convention”).

(2)

On 4 December 2003, the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation adopted a number of amendments to Annex I to the Marpol Convention. Those amendments will come into force on 5 April 2005.

(3)

The references in Regulation (EC) No 417/2002 to Annex I to the Marpol Convention have to be updated in the light of those amendments.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

1.

Article 3 is amended as follows:

2.

In Article 6, the reference to ‘MEPC Resolution 94(46) of 27 April 2001’ is replaced by a reference to ‘MEPC Resolution 94(46) of 27 April 2001 as amended by MEPC Resolution 99(48) of 11 October 2002 and by MEPC Resolution 112(50) of 4 December 2003’.

3.

In Article 11, the reference to ‘Resolutions MEPC 94(46) and 95(46)’ is replaced by a reference to ‘Resolutions MEPC 111(50) and MEPC Resolution 94(46) as amended by MEPC Resolution 99(48) and MEPC Resolution 112(50)’.

(1)

Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund.

(2)

It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below.

(3)

In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81.

(4)

Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations.

(5)

Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.

(6)

The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2).

(7)

Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5).

(8)

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

—

Chapter XI of Annex I to Directive 64/433/EEC,

—

Chapter VI of Annex I to Directive 94/65/EC,

—

Chapter VI of Annex B to Directive 77/99/EEC.

(1)

The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter from intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.

(2)

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

(1)

The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.

(2)

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

(1)

Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed-milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

According to Article 30 of Regulation (EC) No 2799/1999, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award.

(3)

On the basis of the examination of the offers received, the tendering procedure should not be proceeded with.

(4)

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

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.

(3)

In the light of the tenders received, a minimum selling price should be fixed.

(4)

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

(1)

Pursuant to Article 21 of Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.

(2)

In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 214/2001.

(3)

In the light of the tenders received, a minimum selling price should be fixed.

(4)

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

(1)

In accordance with Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community (2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter. Article 6 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 % or a decision is to be taken to make no award; the end-use security must be fixed accordingly.

(2)

In the light of the tenders received, the maximum aid should be fixed at the level specified below and the end-use security determined accordingly.

(3)

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

(1)

The import duties in the cereals sector are fixed by Commission Regulation (EC) No 2142/2004 (3).

(2)

Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 2142/2004,

(1)

Regulation (EC) No 2423/2001 of the European Central Bank of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/2001/13) (2), requires monetary financial institutions (MFIs) to report, inter alia, monthly statistical information relating to their end-of-month balance sheets for the purposes of producing the consolidated balance sheet of the MFI sector.

(2)

Regulation (EC) No 2423/2001 (ECB/2001/13) provides that the accounting rules to be followed in reporting are those laid down in the national transposition of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (3), and in any other international standards applicable. Both national accounting legislation and international standards have changed since the adoption of Regulation (EC) No 2423/2001 (ECB/2001/13). Directive 86/635/EEC has been amended to the effect that certain financial instruments may be valued at fair value. International accounting standards may also provide for the valuation of certain financial instruments at fair value.

(3)

For the purposes of the statistical information which the European Central Bank (ECB) needs to fulfil its tasks, deposit liabilities and loans have to be reported at their nominal value.

(4)

In light of the above, it has become necessary to amend Regulation (EC) No 2423/2001 (ECB/2001/13) to include an explicit requirement regarding the reporting of deposit liabilities and loans at nominal value.

(5)

At the same time, given the current stage in the process of harmonisation in the field of statistics that has been reached as a result of Regulation (EC) No 2423/2001 (ECB/2001/13), it is desirable to continue to apply the valuation rules that have until now been applied to provisioned loans and purchased loans. Therefore, national central banks may allow existing valuation rules to apply to such loans until the ECB updates these rules in order to harmonise reporting further.

(6)

In view of the possibility that some MFIs may value debt securities issued at fair value, it is necessary to clarify the scope of the reporting of the ‘other revaluation’ adjustments in respect of price revaluation of securities.

(7)

As a consequence of the above, Regulation (EC) No 63/2002 (ECB/2001/18) of the European Central Bank of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (4), should also be amended,

(1)

On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).

(2)

Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Jean ASSELBORN, notified to the Council on 21 September 2004, and Ms Lydia MUTSCH, notified to the Council on 18 October 2004, and four seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Romain SCHNEIDER, Mr Jean-Marie HALSDORF, Mr John LIBER and Mr Lucien LUX, notified to the Council on 18 October 2004,

(a)

as members:

(b)

as alternate members:

(1)

By letter registered at the Commission's Secretariat-General on 12 December 2003, the Austrian authorities requested authorisation to apply a special measure derogating from Article 17 of Directive 77/388/EEC.

(2)

The other Member States were informed of this request on 26 March 2004.

(3)

The derogating measure is intended completely to exclude the value-added tax (VAT) which is charged on expenditure on goods and services from the right to deduct when over 90 % of the goods and services are used for the private purposes of the taxable person, or of his employees, or, more generally, for non-business purposes. This derogating measure represents a derogation from Article 17 and is justified by the need to simplify the levying of VAT.

(4)

The duration of the authorisation should be limited to 31 December 2009. This maximum period will allow an evaluation to be made of the advisability of maintaining the derogating measure in the light of Austria's experience over this period.

(5)

The derogating measure would have no negative effect on the Community's own resources from VAT,

(1)

The principal objective of Decision 2002/463/EC (3) is to promote administrative cooperation in the fields of external borders, visas, asylum and immigration.

(2)

In its Communication to the European Parliament and to the Council of 3 June 2003 on the development of a Common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents the Commission puts forward the possibility of revising the ARGO programme for providing financial support to national projects in the area of external borders by addressing specific structural weaknesses at strategic border points that would be identified in agreement with the Member States on the basis of objective criteria.

(3)

The European Council of Thessaloniki invited the Commission to examine the possibility of appropriating funds under heading 3 of the financial perspectives in order to address, during the period 2004-2006, the most pressing structural needs and to cover a wider definition of solidarity that would include, inter alia, Community support in the management of external borders.

(4)

The budgetary authority (4) has substantially increased the appropriations allocated to the ARGO programme for 2004, with a view to better management of the external borders.

(5)

In order to promote the general objectives of the ARGO programme it is appropriate to increase the number of actions to be proposed in the area of external borders and to envisage new types of action.

(6)

In order to make it more accessible to national administrations, Member States should be able to propose actions which do not necessarily involve other Member States, but which contribute to the general objectives and support the activities in the area of external borders as set out in Decision No 2002/463/EC.

(7)

An indicative ceiling should be set on the available appropriations earmarked for actions by a single Member State.

(8)

The provisions on the consultation of the ARGO Committee in Decision No 2002/463/EC must be aligned with the new Financial Regulation applicable to the general budget of the European Union (5).

(9)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is therefore not bound by it or subject to its application.

(10)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of the present Decision.

(11)

In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland is not participating in the adoption of this Decision. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Decision do not apply to Ireland.

(12)

Decision No 2002/463/EC should therefore be amended accordingly,

1.

In Article 10 the following paragraph is inserted:

2.

Article 11 is amended as follows:

3.

Article 12 is amended as follows: