(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 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) provides for amendments to the combined nomenclature for certain fruit and vegetables and certain products processed from fruit and vegetables.

(2)

Regulations amending Annex I to Council Regulation (EEC) No 2658/87 (3) in previous years have also introduced changes to the combined nomenclature for certain fruit and vegetables and certain products processed from fruit and vegetables, and not all of these amendments are reflected in the following Regulations governing the common organisation of the market in fruit and vegetables and of products processed from fruit and vegetables: Commission Regulation (EEC) No 1591/87 of 5 June 1987 laying down quality standards for cabbages, Brussels sprouts, ribbed celery, spinach and plums (4); Commission Regulation (EEC) No 1677/88 of 15 June 1988 laying down quality standards for cucumbers (5); Council Regulation (EC) No 399/94 of 21 February 1994 concerning specific measures for dried grapes (6); Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (7); Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (8) and Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (9).

(3)

Regulations (EEC) No 1591/87, (EEC) No 1677/88, (EC) No 399/94, (EC) No 3223/94, (EC) No 1555/96 and (EC) No 1961/2001 should therefore be amended accordingly.

(4)

The amendments should apply at the same time as Regulation (EC) No 1810/2004.

(5)

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

1.

In the fifth row of the table, the CN codes for sweet oranges, fresh ‘ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50’ are replaced by the CN code ‘ex 0805 10 20’.

2.

In the 10th row of the table, the CN codes for apples ‘ex 0808 10 20, ex 0808 10 50 and ex 0808 10 90’ are replaced by the CN code ‘ex 0808 10 80’.

1.

In the fifth row of the table, the CN codes for oranges ‘ex 0805 10 10, ex 0805 10 30 and ex 0805 10 50’ are replaced by the CN code ‘ex 0805 10 20’.

2.

In the 10th row of the table, the CN codes for apples ‘ex 0808 10 20, ex 0808 10 50 and ex 0808 10 90’ are replaced by the CN code ‘ex 0808 10 80.’

1.

The fifth indent is replaced by the following:

2.

The 11th and 12th indents are replaced by the following:

3.

The 14th indent is replaced by the following:

(1)

The Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE) has recently amended standard FFV-42 concerning the marketing and commercial quality control of avocados. For the sake of clarity and international transparency, account should be taken of such amendments in Commission Regulation (EC) No 831/97 (2).

(2)

Maturity and development of avocados can be assessed by their dry matter contents. In order to exclude fruit unable to ripen, a requirement as to the minimum dry matter content should be introduced.

(3)

Trade in small-sized Hass avocados is growing and meets the demand of certain consumers. It is therefore necessary to decrease the minimum size for avocados of this variety.

(4)

Regulation (EC) No 831/97 should therefore be amended accordingly.

(5)

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

(1)

Commission Regulation (EC) No 246/2003 of 10 February 2003 adopting the programme of ad hoc modules, covering the years 2004 to 2006, to the labour force sample survey provided by Council Regulation (EC) No 577/98 (2) includes an ad hoc module on transition from work into retirement.

(2)

There is a need for a comprehensive and comparable set of data on transition from work into retirement in order to monitor progress towards the common objectives of the Community’s Employment Strategy and of the open method of coordination in the area of pensions that was launched by the Laeken European Council in December 2001. Both processes identify the promotion of active ageing and prolongation of working life as priorities for action, in particular through guideline 5 of the Employment Guidelines 2003 ‘Increase labour supply and promote active ageing’ as adopted by the Council on 22 July 2003 (3) and through objective 5 of the pensions process as developed in the Joint report on objectives and working methods in the area of pensions approved by the Council of Laeken of 14 and 15 December of 2001 and in the Joint report by the Commission and the Council on adequate and sustainable pensions adopted by the Council of Brussels, 20 and 21 March 2003.

(3)

In accordance with Decision No 1145/2002/EC (4) of the European Parliament and of the Council of 10 June 2002 on Community incentive measures in the field of employment, Community activities concerning analysis, research and cooperation among the Member States in the field of employment and the labour market shall be carried out in the period from 1 January 2002 to 31 December 2006 and one of the objectives of these activities is to develop, follow up and evaluate the European Employment Strategy with a strong forward-looking emphasis.

(4)

It is also necessary to update the specification of the sample set out in section 3 of the Annex to Regulation (EC) No 246/2003, in order to maximise the potentiality of the sample for the ad hoc module in terms of analysis.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,

(1)

Articles 16 and 18 of Regulation (EC) No 2201/96 and Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (2) apply as regards exports of certain sugars used in certain products processed from fruit and vegetables.

(2)

Article 18(6) of Regulation (EC) No 2201/96 provides that, in the case of a differentiated refund, the refund shall be paid upon proof that the products have reached the destination indicated on the licence or another destination for which the refund was fixed. It provides also that exceptions may be made to this rule, provided conditions are laid down which offer equivalent guarantees.

(3)

Article 3 of Regulation (EC) No 800/1999 provides that entitlement to the export refund is acquired on importation into a specific third country when a differentiated refund applies for that third country. Articles 14, 15 and 16 of that Regulation lay down the conditions for the payment of the differentiated refund, in particular the documents to be supplied as proof of the arrival of the good at destination.

(4)

In the case of a differentiated refund, Article 18(1) and (2) of Regulation (EC) No 800/1999 provides that part of the refund, calculated using the lowest refund rate, is paid on application by the exporter once proof is furnished that the product has left the customs territory of the Community.

(5)

The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (3), which was signed in October 2004, is provisionally applicable from 1 February 2005 by virtue of Council Decision 2005/45/EC (4) concerning the conclusion and the provisional application of that Agreement.

(6)

Pursuant to Decision 2005/45/EC, sugar (HS headings 1701, 1702 and 1703) used in the manufacture of certain processed agricultural goods exported to Switzerland and Liechtenstein is, from 1 February 2005, no longer eligible for export refunds.

(7)

The Agreement approved by Decision 2005/45/EC introduces special provisions on administrative cooperation aimed at combating irregularities and fraud in customs and export refund related matters.

(8)

In the light of those provisions and in order to avoid the imposition of unnecessary costs on operators in their commercial trade with other third countries, it is appropriate to derogate from Regulation (EC) No 2201/96 and Regulation (EC) No 800/1999 in so far as it requires proof of import in the case of differentiated refunds. It is also appropriate, where no export refunds have been fixed for the particular countries of destination in question, not to take account of that fact when the lowest rate of refund is determined.

(9)

Since the measures laid down in the Agreement between the European Community and the Swiss Confederation, approved by Decision 2005/45/EC, will apply from 1 February 2005, this Regulation should apply from the same date.

(10)

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)

Directive 2001/25/EC defines minimum training, certification and watchkeeping requirements for seafarers serving on board Community ships. Those requirements are based on the standards laid down in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) and the Seafarers’ Training, Certification and Watchkeeping Code (STCW Code).

(2)

The STCW Convention and the STCW Code have been amended by Resolutions MSC.66(68) and MSC.67(68) of the Maritime Safety Committee of the International Maritime Organisation, which entered into force on 1 January 1999, Resolution MSC.78(70), which entered into force on 1 January 2003, and circulars STCW.6/Circ.3 and STCW.6/Circ.5, which became effective on 20 May 1998 and 26 May 2000, respectively.

(3)

The new Regulation V/3 of the SCTW Convention, which was added by Resolution MSC.66(68), prescribes mandatory minimum requirements of training and qualifications for masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships.

(4)

Directive 2001/25/EC should therefore be amended accordingly.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas, set up by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2),

1.

In paragraph 3 of Regulation V/2, the following text is added:

‘… or be required to provide evidence of having achieved the required standard of competence within the previous five years.’

2.

The following text is added at the end of the Chapter:

‘Regulation V/3

Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships

(1)

According to Article 104 of the Treaty, Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the European Union on 1 May 2004.

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 (1) lays down detailed rules and definitions for the application of the provision of the said Protocol.

(4)

Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Slovakia.

(5)

Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.

(6)

The overall assessment leads to the following conclusions. The general government deficit reached 3,6 % of GDP in 2003 in Slovakia, above the 3 % of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Slovak authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit is likely to remain above 3 % of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 4,1 % of GDP in 2004, while the convergence programme of Slovakia expects a deficit of 4,0 % of GDP. The debt ratio, which was 42,8 % in 2003, is likely to remain below the 60 % of GDP Treaty reference value in 2004,

(1)

According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the European Union on 1 May 2004.

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (1), lays down detailed rules and definitions for the application of the provision of the said Protocol.

(4)

Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Poland.

(5)

Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.

(6)

The overall assessment leads to the following conclusions: the general government deficit reached 4,1 % of GDP in 2003 in Poland, above the 3 % of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Polish authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit is likely to remain above 3 % of GDP in 2004. In particular, according to the Commission Spring 2004 forecasts, the deficit is projected to reach 6 % of GDP in 2004, while the convergence programme of Poland expects a deficit of 5,7 % of GDP. The debt ratio, which was 45,4 % in 2003, is likely to remain below the 60 % of GDP Treaty reference value in 2004. The deficit and the debt figures will have to be adjusted upward if the open pension funds are excluded from the general government sector following the Eurostat decision on the classification of the funded pension schemes,

(1)

According to Article 104 of the Treaty, Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the European Union on 1 May 2004.

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 (1) of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community lays down detailed rules and definitions for the application of the provision of the said Protocol.

(4)

Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Cyprus.

(5)

Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.

(6)

The overall assessment leads to the following conclusions. The general government deficit reached 6,3 % of GDP in 2003 in Cyprus, above the 3 % of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Cypriot authorities, nor was it the result of a severe economic downturn, within the meaning of the Stability and Growth Pact. The general government deficit is likely to remain above 3 % of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 4,6 % of GDP in 2004, while the convergence programme of Cyprus forecasts a deficit of 5,2 % of GDP. The debt ratio, which was 72,2 % in 2003, is likely to further diverge from the 60 % of GDP Treaty reference value in 2004,

(1)

According to Article 104 of the Treaty, Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the European Union on 1 May 2004.

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (1), lays down detailed rules and definitions for the application of the provision of the said Protocol.

(4)

Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in the Czech Republic.

(5)

Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.

(6)

The overall assessment leads to the following conclusions. The general government deficit reached 12,9 % of GDP in 2003 (5,9 % of GDP excluding a major one-off operation related to imputed state guarantees) in the Czech Republic, above the 3 % of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Czech authorities, nor was it the result of a severe economic downturn, within the meaning of the Stability and Growth Pact. The general government deficit is likely to remain above 3 % of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 5,9 % of GDP in 2004, while the convergence programme of the Czech Republic forecasts a deficit of 5,3 % of GDP. The debt ratio, which was 37,6 % in 2003, is likely to remain below the 60 % of GDP Treaty reference value in 2004,

(1)

According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the European Union on 1 May 2004.

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (1), lays down detailed rules and definitions for the application of the provision of the said Protocol.

(4)

Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Malta.

(5)

Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.

(6)

The overall assessment leads to the following conclusions. The general government deficit reached 9,7 % of GDP in 2003 in Malta (of which 3,2 % of GDP was due to one-off operation), above the 3 % of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Maltese authorities, nor was it the result of a severe economic downturn, within the meaning of the Stability and Growth Pact. The general government deficit will remain above 3 % of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 5,9 % of GDP in 2004, while the convergence programme of Malta forecasts a deficit of 5,2 % of GDP. The debt ratio, which was 72,0 % in 2003, is likely to further diverge from the 60 % of GDP Treaty reference value in 2004,

(1)

In 2004 Member States identified certain issues as worthy of a coordinated inspection programme to be carried out in the year 2005.

(2)

Although Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (2) establishes maximum contents of aflatoxin B1 in feedingstuffs, there are no Community rules for other mycotoxins, such as ochratoxin A, zearalenone, deoxynivalenol and fumonisins. Gathering information on the presence of those mycotoxins through random sampling could provide useful data for an assessment of the situation with a view to the development of the legislation. Furthermore, certain feed materials such as cereals and oil seeds are particularly exposed to mycotoxin contamination because of harvesting, storage and transport conditions. As mycotoxin concentration varies from year to year, it is appropriate to collect data from consecutive years for all mycotoxins mentioned.

(3)

Antibiotics, other than coccidiostats and histomonostats, may be marketed and used as feed additives only until 31 December 2005. Previous checks for the presence of antibiotics and coccidiostats in certain feedingstuffs where some of those substances are not authorised indicate that this type of infringement still occurs. The frequency of such findings and the sensitivity of this matter justify the continuation of checks.

(4)

It is important to ensure that the restrictions on the use of feed materials of animal origin in feedingstuffs, as laid down in the relevant Community legislation, are effectively enforced.

(5)

It is appropriate to ensure that the levels of the trace elements copper and zinc in compound feedingstuffs for pigs do not exceed the maximum content laid down by Commission Regulation (EC) No 1334/2003 of 25 July 2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (3).

(6)

The measures provided for in this Recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Annex XIV, Chapter 5, Section B, paragraph (a) to the 2003 Act of Accession provides that the structural requirements laid down in Annex I to Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat (2) and in Annexes A and B to Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin (3) are not to apply to establishments in Slovakia listed in the Appendix (4) to Annex XIV to the Act of Accession until 31 December 2006, subject to certain conditions.

(2)

The Appendix to Annex XIV to the 2003 Act of Accession has been amended by Commission Decision 2004/463/EC (5).

(3)

According to an official declaration from the Slovak competent authority, three meat establishments have completed their upgrading process and are now in full compliance with Community legislation. Furthermore, two meat establishments from that list have ceased their activities. Those establishments should therefore be deleted from the list of establishments in transition.

(4)

Three meat establishments on the list of establishments in transition have made considerable efforts to comply with structural requirements laid down by Community legislation. However, those establishments are not in position to finish their upgrading process by the prescribed deadline due to exceptional technical constraints. Therefore it is justified to allow them further time to complete the upgrading process.

(5)

The Appendix to Annex XIV to the 2003 Act of Accession should therefore be amended accordingly. For the sake of clarity, it should be replaced.

(6)

The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,

(1)

The European Union is committed to a secure, stable, unified, prosperous and democratic Iraq that will make a positive contribution to the stability of the region. The EU supports the people of Iraq and the Iraqi Interim Government in their efforts towards the economic, social and political reconstruction of Iraq in the framework of the implementation of United Nations Security Council Resolution 1546 of 8 June 2004.

(2)

The European Council on 5 November 2004 welcomed the Joint Fact Finding Mission for a possible integrated police, rule of law and civilian administration mission for Iraq and considered its report. The European Council recognised the importance of strengthening the criminal justice system, consistent with the respect for the rule of law, human rights and fundamental freedoms. It noted the wish of the Iraqi authorities for the EU to become more actively involved in Iraq and that strengthening the criminal justice sector would respond to Iraqi needs and priorities.

(3)

The European Council agreed that the EU could usefully contribute to the reconstruction and the emergence of a stable, secure and democratic Iraq through an integrated mission, which could inter alia promote closer collaboration between the different actors across the criminal justice system and strengthen the management capacity of senior and high-potential officials from the police, judiciary and penitentiary and improve skills and procedures in criminal investigation in full respect for the rule of law and human rights.

(4)

As agreed by the European Council, by Joint Action 2004/909/CFSP (1) the Council decided to send an expert team to continue the dialogue with the Iraqi authorities, to start initial planning for a possible integrated police, rule of law and civilian administration mission to be launched after the elections, and in particular assess the urgent security needs for such a mission.

(5)

The Council decided on 21 February 2005 to launch an integrated rule of law mission for Iraq, which would become operational as soon as possible, subject to an official invitation from the Iraqi authorities.

(6)

The success of the mission will depend on an effective strategic and technical partnership with the Iraqis throughout the operation, in the framework of European Security and Defense Policy and in complementarity with the United Nations.

(7)

The EU will use its dialogue with Iraq and its neighbours to encourage continuous regional engagement and support for improved security and for the political and reconstruction process in Iraq based on inclusiveness, democratic principles, respect for human rights and the rule of law, as well as support for security and cooperation in the region.

(8)

EUJUST LEX will implement its mandate in the context of a situation posing a threat to law and order, the security and safety of individuals, and to the stability of Iraq and which could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty.

(9)

In conformity with the guidelines of the European Council meeting in Nice on 7 to 9 December 2000, this Joint Action should determine the role of the Secretary General/High Representative, hereinafter referred to as ‘SG/HR’, in accordance with Articles 18 and 26 of the Treaty.

(10)

Article 14(1) of the Treaty calls for the indication of a financial reference amount for the whole period of implementation of the Joint Action. The indication of amounts to be financed by the Community budget illustrates the will of the legislative authority and is subject to the availability of commitment appropriations during the respective budget year. EUJUST LEX will also receive contributions in kind from Member States,

(a)

the Head of Mission;

(b)

a Coordinating Office in Brussels;

(c)

a Liaison Office in Baghdad;

(d)

Training Facilities and trainers provided by the Member States and coordinated by EUJUST LEX.