ISSN 1725-2555 |
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Official Journal of the European Union |
L 289 |
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English edition |
Legislation |
Volume 47 |
Contents |
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II Acts whose publication is not obligatory |
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Council |
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EN |
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
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/1 |
COMMISSION REGULATION (EC) No 1578/2004
of 9 September 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 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 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 9 September 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
052 |
75,7 |
999 |
75,7 |
|
0707 00 05 |
052 |
162,3 |
999 |
162,3 |
|
0709 90 70 |
052 |
81,9 |
999 |
81,9 |
|
0805 50 10 |
382 |
70,5 |
388 |
49,2 |
|
524 |
62,2 |
|
528 |
49,9 |
|
999 |
58,0 |
|
0806 10 10 |
052 |
82,7 |
220 |
118,3 |
|
624 |
157,5 |
|
999 |
119,5 |
|
0808 10 20, 0808 10 50, 0808 10 90 |
388 |
64,8 |
400 |
99,8 |
|
508 |
71,8 |
|
512 |
98,8 |
|
528 |
102,8 |
|
800 |
159,0 |
|
804 |
87,8 |
|
999 |
97,8 |
|
0808 20 50 |
052 |
110,0 |
388 |
88,1 |
|
999 |
99,1 |
|
0809 30 10, 0809 30 90 |
052 |
108,6 |
999 |
108,6 |
|
0809 40 05 |
052 |
95,0 |
066 |
98,6 |
|
094 |
23,1 |
|
624 |
132,1 |
|
999 |
87,2 |
(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’.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/3 |
COMMISSION REGULATION (EC) No 1579/2004
of 9 September 2004
on the issue of import licences for high-quality fresh, chilled or frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),
Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),
Whereas:
(1) |
Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f). |
(2) |
Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t. |
(3) |
It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit, |
HAS ADOPTED THIS REGULATION:
Article 1
1. All applications for import licences from 1 to 5 September 2004 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.
2. Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of October 2004 for 2 529,950 t.
Article 2
This Regulation shall enter into force on 11 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
J. M. SILVA RODRÍGUEZ
Agriculture Director-General
(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).
(2) OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/4 |
COMMISSION REGULATION (EC) No 1580/2004
of 8 September 2004
amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia (1), and in particular Article 11(a) thereof,
Whereas:
(1) |
Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation. |
(2) |
On 25 and 26 August 2004, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly. |
(3) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 872/2004 is hereby amended in accordance with the Annex to this Regulation.
Article 2
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, 8 September 2004.
For the Commission
Christopher PATTEN
Member of the Commission
(1) OJ L 162, 30.4.2004, p. 32. Regulation as last amended by Commission Regulation (EC) No 1478/2004 (OJ L 271, 19.8.2004, p. 36).
ANNEX
Annex I to Regulation (EC) No 872/2004 is amended as follows:
1. |
The following natural persons shall be added:
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2. |
The entry ‘Jewell Howard Taylor. Date of birth: 17 January 1963. Other information: wife of former President Charles Taylor’ shall be replaced by the following: Jewell Howard Taylor. Date of birth: 17 January 1963. Passport number: D/003835-04 (4/6/04-3/6/06). Other information: wife of former President Charles Taylor. |
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/6 |
COMMISSION REGULATION (EC) No 1581/2004
of 27 August 2004
amending Regulation (EC) No 1639/2001 establishing the minimum and extended Community programmes for the collection of data in the fisheries sector and laying down detailed rules for the application of Council Regulation (EC) No 1543/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy (1), and in particular Articles 5(1) and 8(1) thereof,
Whereas:
(1) |
Whenever an on-board sampling scheme is established within the respective national programmes, access to vessels should be guaranteed for sampling purposes. Therefore, on-board observers should be accepted on any vessel in order to avoid biased estimates. |
(2) |
There is a need to assure a better sampling of stocks under recovery plans and deep-sea species, to obtain a better knowledge of these particular stocks. |
(3) |
The analysis of Member States’ reports on catch per unit of effort (hereinafter referred to as CPUE) data collected from 1995 to 2000, carried out together with the Scientific, Technical and Economic Committee for Fisheries (hereinafter referred to as the STECF), provides a basis on which to lay down the eligible CPUE data series to be collected in the future. |
(4) |
Based on the acquired experience during the first year of data collection in 2002 and taking into consideration the STECF advice, technical modifications are needed to the detailed guidelines for data collection laid down in Commission Regulation (EC) No 1639/2001 (2), and in particular to the names of the stocks and the sampling approach for length and age sampling strategies. |
(5) |
Regulation (EC) No 1639/2001 should therefore be amended accordingly. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1639/2001 is amended as follows:
1. |
Article 3 is amended as follows:
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2. |
The Annex is amended in accordance with Annex I to this Regulation. |
3. |
The Appendices are amended in accordance with Annex II to this Regulation. |
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, 27 August 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 176, 15.7.2000, p. 1.
(2) OJ L 222, 17.8.2001, p. 53.
(3) OJ L 358, 31.12.2002, p. 59.’
ANNEX I
The Annex to Regulation (EC) No 1639/2001 is amended as follows:
1. |
In Chapter I, Section B, the following point is added:
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2. |
In Chapter III, Section F is replaced by the following:
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3. |
In Chapter III, Section H is amended as follows:
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ANNEX II
The Appendices to Regulation (EC) No 1639/2001 are amended as follows:
1. |
Appendix I is replaced by the following: ‘Appendix I Geographic stratification by regional fisheries organisations
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2. |
Appendix II is replaced by the following: ‘Appendix II Functional units (FUs) and statistical rectangles (Nephrop norvegicus)
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3. |
Appendix III is replaced by the following: ‘Appendix III (Section C) Basic segmentation of vessels for capacities (MP)
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4. |
Appendix IV is replaced by the following: ‘Appendix IV (Section C) Detailed disaggregation of vessels for capacities (EP)
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5. |
Appendix V is replaced by the following: ‘Appendix V (Section D) Fishing capacity units by type of fishing technique
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6. |
Appendix VI is replaced by the following: ‘Appendix VI (Section D) Stocks related to specific effort
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7. |
Appendix XI is replaced by the following: ‘Appendix XI (Section E) List of recreational fisheries stocks (MP)
The conclusions of these surveys must be forwarded to the Commission by 31 March 2007.’ |
8. |
Appendix XII is replaced by the following: ‘Appendix XII (Section E) List of stocks for landings and discards monitoring (MP) LEGEND: Catch and landings monitoring: within the market or sea-sampling programme the stratification of sampling is prioritised at the total or fleet level, with monthly, quarterly or annual sampling schemes, with data reported by rectangle, division or area.
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9. |
Appendix XIII is replaced by the following: ‘Appendix XIII List of optional species for EP
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10. |
Appendix XIV is replaced by the following: ‘Appendix XIV (Section G) List of surveys (MP, EP)
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11. |
Appendix XV is replaced by the following: ‘Appendix XV (Section H) Age-length sampling scheme (MP, EP) LEGEND:
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12. |
Appendix XVI is replaced by the following: ‘Appendix XVI (Section I) Other biological samplings Y= yearly; T= every three years; S= every six years
|
(1) This segment is aggregated for all passive gears.
Note 1: If a gear category contains less than 10 vessels, then the cell can be merged with a neighbouring length category to be specified in the national programme.
Note 2: If a vessel spends more than 50 % of its time using a specific type of fishing technique, it should be included in the corresponding segment.
Note 3: Length is defined as length over all (LOA).’
(2) A fishing day is to be considered as targeting one specific species, if the percentage of this species in total daily catch is higher than threshold 1.
(3) A fishing day is to be considered as affecting significantly a species, if the percentage of the particular species is higher than threshold 2.’
(4) Each present species in a particular area should be considered separately.’
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/54 |
COMMISSION REGULATION (EC) No 1582/2004
of 8 September 2004
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China by imports of integrated electronic compact fluorescent lamps (CFL-i) consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, and making such imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 13(3) and Article 14(3) and (5) thereof,
After having consulted the Advisory Committee,
Whereas:
A. REQUEST
B. PRODUCT
C. EXISTING MEASURES
D. GROUNDS
The evidence submitted is as follows:
|
The request shows a significant change in the pattern of trade, as imports of the products under investigation have increased substantially, whereas imports of the product concerned originating in the People’s Republic of China have decreased following the imposition of measures, and that there is insufficient due cause or justification other than the imposition of the duty for such a change. |
|
This change in the pattern of trade appears to stem from the transhipment of CFL-i originating in the People’s Republic of China via Vietnam, Pakistan or the Philippines and/or assembly in Vietnam, Pakistan or the Philippines of CFL-i. |
|
Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on imports of the product concerned originating in the People’s Republic of China are being undermined in terms of quantity and prices. Significant volumes of imports of CFL-i from Vietnam, Pakistan and the Philippines appear to have replaced imports of the product concerned originating in the People’s Republic of China. |
|
Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously established for CFL-i originating in the People’s Republic of China. |
E. PROCEDURE
(a) Questionnaires
(b) Collection of information and holding of hearings
(c) Exemption of registration of imports or measures
F. REGISTRATION
G TIME LIMITS
In the interest of sound administration, time limits should be stated within which:
— |
interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation, |
— |
producers in Vietnam, Pakistan and the Philippines may request exemption from registration of imports or measures, |
— |
interested parties may make a written request to be heard by the Commission. |
H. NON-COOPERATION
HAS ADOPTED THIS REGULATION:
Article 1
An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 384/96, in order to determine if imports into the Community of electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, falling within CN code ex 8539 31 90 (TARIC code 85393190*91), consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, are circumventing the measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China.
For the purpose of this Regulation, electronic compact fluorescent discharge lamps shall consist of one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot. They are designed to replace normal incandescent lamps and fit into the same sockets as the incandescent lamps and are produced in different types, depending on, inter alia, the lifetime, the wattage and the cover of the lamp.
Article 2
The Customs authorities are hereby directed, pursuant to Articles 13(3) and 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.
Registration shall expire nine months following the date of entry into force of this Regulation.
The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Community of products exported by exporters having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.
Article 3
1. Questionnaires should be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.
2. If their representations are to be taken into account during the investigation, interested parties must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 40 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.
3. Producers in Vietnam, Pakistan and the Philippines requesting exemption from registration of imports or measures should submit a request duly supported by evidence within the same 40-day time limit.
4. Interested parties may also apply to be heard by the Commission within the same 40-day time limit.
5. Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for exemption must be made in writing (not in electronic format, unless otherwise specified), must indicate the name, address, e-mail address, telephone, fax and/or telex numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.
European Commission |
Directorate-General for Trade |
Directorate B |
J-79 5/16 |
B-1049 Brussels |
Fax (32-2) 295 65 05 |
Telex COMEU B 21877 |
Article 4
This Regulation shall enter into force on the day following 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, 8 September 2004.
For the Commission
Pascal LAMY
Member of the Commission
(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).
(2) OJ L 195, 19.7.2001, p. 8.
(3) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/58 |
COMMISSION REGULATION (EC) No 1583/2004
of 9 September 2004
fixing, for the marketing year 2004/2005, the minimum price to be paid to producers for unprocessed dried figs and the amount of production aid for dried figs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Articles 6b(3) and 6c(7) thereof,
Whereas:
(1) |
Article 3(1)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing year for dried figs. |
(2) |
The criteria for fixing the minimum price and the amount of the production aid are laid down respectively by Articles 6b and 6c of Regulation (EC) No 2201/96. |
(3) |
Article 1 of Commission Regulation (EC) No 1573/1999 of 19 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the characteristics of dried figs qualifying for aid under the production aid scheme (3) lays down the criteria which products must meet to benefit from the minimum price and payment of the aid. |
(4) |
The minimum price and the production aid for the marketing year 2004/2005 should therefore be determined. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, |
HAS ADOPTED THIS REGULATION:
Article 1
For the marketing year 2004/2005:
(a) |
the minimum price for unprocessed dried figs referred to in Article 6b of Regulation (EC) No 2201/96 shall be EUR 878,86 per net tonne from the producer; |
(b) |
the production aid for dried figs referred to in Article 6c of Regulation (EC) No 2201/96 shall be EUR 139,77 per net tonne. |
Article 2
This Regulation shall enter into force on the third day following 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, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).
(2) OJ L 218, 30.8.2003, p. 14. Regulation as last amended by Regulation (EC) No 1132/2004 (OJ L 219, 19.6.2004, p. 3).
(3) OJ L 187, 20.7.1999, p. 27.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/59 |
COMMISSION REGULATION (EC) No 1584/2004
of 9 September 2004
fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 10 September 2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68. |
(2) |
For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation. |
(3) |
Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68. |
(4) |
Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed. |
(5) |
The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
J. M. SILVA RODRÍGUEZ
Agriculture Director-General
(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 141, 24.6.1995, p. 12. Regulation as amended by Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).
(3) OJ L 145, 27.6.1968, p. 12. Regulation as amended by Regulation (EC) No 1422/95 (OJ L 141, 24.6.1995, p. 12).
ANNEX
Representative prices and additional duties for imports of molasses in the sugar sector applicable from 10 September 2004
(EUR) |
|||
CN code |
Amount of the representative price in 100 kg net of the product in question |
Amount of the additional duty in 100 kg net of the product in question |
Amount of the duty to be applied to imports in 100 kg net of the product in question because of suspension as referred to in Article 5 of Regulation (EC) No 1422/95 (1) |
1703 10 00 (2) |
8,65 |
— |
0 |
1703 90 00 (2) |
10,10 |
— |
0 |
(1) This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff duty fixed for these products.
(2) For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/61 |
COMMISSION REGULATION (EC) No 1585/2004
of 9 September 2004
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) |
Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund. |
(2) |
Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account. |
(3) |
The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content. |
(4) |
In special cases, the amount of the refund may be fixed by other legal instruments. |
(5) |
The refund must be fixed every two weeks. It may be altered in the intervening period. |
(6) |
The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. |
(7) |
The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial. |
(8) |
To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation. |
(9) |
In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts. |
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 214, 8.9.1995, p. 16.
ANNEX
REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 10 SEPTEMBER 2004
Product code |
Destination |
Unit of measurement |
Amount of refund |
|||
1701 11 90 9100 |
S00 |
EUR/100 kg |
40,51 (1) |
|||
1701 11 90 9910 |
S00 |
EUR/100 kg |
39,23 (1) |
|||
1701 12 90 9100 |
S00 |
EUR/100 kg |
40,51 (1) |
|||
1701 12 90 9910 |
S00 |
EUR/100 kg |
39,23 (1) |
|||
1701 91 00 9000 |
S00 |
EUR/1 % of sucrose × 100 kg product net |
0,4404 |
|||
1701 99 10 9100 |
S00 |
EUR/100 kg |
44,04 |
|||
1701 99 10 9910 |
S00 |
EUR/100 kg |
42,64 |
|||
1701 99 10 9950 |
S00 |
EUR/100 kg |
42,64 |
|||
1701 99 90 9100 |
S00 |
EUR/1 % of sucrose × 100 kg of net product |
0,4404 |
|||
NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1). The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). The other destinations are:
|
(1) This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 %, the refund amount applicable shall be calculated in accordance with Article 28(4) of Regulation (EC) No 1260/2001.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/63 |
COMMISSION REGULATION (EC) No 1586/2004
of 9 September 2004
fixing the maximum export refund for white sugar to certain third countries for the 4th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1327/2004 of 19 July 20043rd on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
(2) |
Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
HAS ADOPTED THIS REGULATION:
Article 1
For the 4th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 45,782 EUR/100 kg.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 246, 20.7.2004, p. 23.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/64 |
COMMISSION REGULATION (EC) No 1587/2004
of 9 September 2004
fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1) |
Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund. |
(2) |
The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2). |
(3) |
As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95. |
(4) |
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
(5) |
The refund must be fixed once a month. It may be altered in the intervening period. |
(6) |
It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).
ANNEX
to the Commission Regulation of 9 September 2004 fixing the export refunds on cereals and on wheat or rye flour, groats and meal
Product code |
Destination |
Unit of measurement |
Amount of refunds |
1001 10 00 9200 |
— |
EUR/t |
— |
1001 10 00 9400 |
A00 |
EUR/t |
0 |
1001 90 91 9000 |
— |
EUR/t |
— |
1001 90 99 9000 |
A00 |
EUR/t |
0 |
1002 00 00 9000 |
A00 |
EUR/t |
0 |
1003 00 10 9000 |
— |
EUR/t |
— |
1003 00 90 9000 |
A00 |
EUR/t |
0 |
1004 00 00 9200 |
— |
EUR/t |
— |
1004 00 00 9400 |
A00 |
EUR/t |
0 |
1005 10 90 9000 |
— |
EUR/t |
— |
1005 90 00 9000 |
— |
EUR/t |
— |
1007 00 90 9000 |
— |
EUR/t |
— |
1008 20 00 9000 |
— |
EUR/t |
— |
1101 00 11 9000 |
— |
EUR/t |
— |
1101 00 15 9100 |
A00 |
EUR/t |
0 |
1101 00 15 9130 |
A00 |
EUR/t |
0 |
1101 00 15 9150 |
A00 |
EUR/t |
0 |
1101 00 15 9170 |
A00 |
EUR/t |
0 |
1101 00 15 9180 |
A00 |
EUR/t |
0 |
1101 00 15 9190 |
— |
EUR/t |
— |
1101 00 90 9000 |
— |
EUR/t |
— |
1102 10 00 9500 |
A00 |
EUR/t |
0 |
1102 10 00 9700 |
A00 |
EUR/t |
0 |
1102 10 00 9900 |
— |
EUR/t |
— |
1103 11 10 9200 |
A00 |
EUR/t |
0 |
1103 11 10 9400 |
A00 |
EUR/t |
0 |
1103 11 10 9900 |
— |
EUR/t |
— |
1103 11 90 9200 |
A00 |
EUR/t |
0 |
1103 11 90 9800 |
— |
EUR/t |
— |
NB: The product codes and the ‘A’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended. |
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/66 |
COMMISSION REGULATION (EC) No 1588/2004
of 9 September 2004
fixing the maximum reduction in the duty on sorghum imported in connection with the invitation to tender issued in Regulation (EC) No 238/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas:
(1) |
An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 238/2004 (2). |
(2) |
Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3), as last amended by Regulation (EC) No 2235/2000 (4), the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. Whereas a contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty. |
(3) |
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1. |
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 2 to 9 September 2004, pursuant to the invitation to tender issued in Regulation (EC) No 238/2004, the maximum reduction in the duty on sorghum imported shall be 34,28 EUR/t and be valid for a total maximum quantity of 1 901 t.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 40, 12.2.2004, p. 23.
(3) OJ L 177, 28.7.1995, p. 4.
(4) OJ L 256, 10.10.2000, p. 13.
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/67 |
COMMISSION REGULATION (EC) No 1589/2004
of 9 September 2004
concerning tenders notified in response to the invitation to tender for the import of maize issued in Regulation (EC) No 1341/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas:
(1) |
An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 1341/2004 (2). |
(2) |
Article 7 of Commission Regulation (EC) No 1839/95 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003 and on the basis of the tenders notified, to make no award. |
(3) |
On the basis of the criteria laid down in Articles 6 and 7 of Regulation (EC) No 1839/95 a maximum reduction in the duty should not be fixed. |
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 2 to 9 September 2004 in response to the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 1341/2004.
Article 2
This Regulation shall enter into force on 10 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 249, 23.7.2004, p. 7.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).
II Acts whose publication is not obligatory
Council
10.9.2004 |
EN |
Official Journal of the European Union |
L 289/68 |
DECISION No 1/2004 OF THE ACP-EC COUNCIL OF MINISTERS
of 6 May 2004
on the use of the reserve of the long-term development envelope as well as resources from the Investment Facility of the ninth European Development Fund for the establishment of an ACP-EU Water Facility
(2004/632/EC)
THE ACP-EC COUNCIL OF MINISTERS,
Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (the Agreement) (1), and in particular paragraph 8 of its Annex I,
Whereas:
(1) |
At its 2571st session on 22 March 2004 the EU Council of Ministers agreed on the establishment of a Water Facility for ACP countries and agreed to consider an amount of EUR 500 million out of the conditional EUR 1 billion under the 9th European Development Fund (EDF) for this Water Facility. It also agreed to release immediately a first allocation of EUR 250 million from the conditional EUR 1 billion and to decide by March 2005 on the mobilisation of a second allocation of EUR 250 million and on the use of the remaining EUR 500 million of the conditional EUR 1 billion. The first allocation of EUR 250 million is distributed as follows over the envelopes referred to in paragraph 3 of the 9th EDF Financial Protocol: EUR 185 million to the envelope for support for long-term development, EUR 24 million to the envelope for regional cooperation and integration and EUR 41 million to the Investment Facility. |
(2) |
The Commission notified to the ACP Council of Ministers the increase of the 9th EDF intra-ACP allocation by EUR 24 million and proposed that these resources be used for a contribution to an ACP-EU Water Facility. |
(3) |
To ensure support for the implementation of the EU Water Initiative in ACP countries, it is appropriate to allocate resources to intra-ACP cooperation for a total amount of EUR 500 million, of which a first allocation of EUR 250 million can be made available from the resources released by the EU Council of Ministers. However, the envelope for regional cooperation and integration as defined in paragraph 3(b) of Annex I (Financial Protocol) to the Agreement is exhausted. The necessary resources must therefore be transferred from unallocated resources of the 9th EDF long-term development envelope and from the Investment Facility, referred to in paragraph 3(b) and (c) of the Financial Protocol. |
(4) |
Article 15 of the Agreement establishes an ACP-EC Council of Ministers with powers to take decisions in accordance with the Agreement, |
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of an ACP-EU Water Facility
An amount of EUR 226 million, consisting of EUR 185 million from the reserve of the 9th EDF long-term development envelope and EUR 41 million from the 9th EDF Investment Facility, shall be transferred to the intra-ACP allocation under the envelope for regional cooperation and integration, and used for the establishment of an ACP-EU Water Facility. Together with an amount of EUR 24 million already available under intra-ACP cooperation, a total amount of EUR 250 million will thus be made available for the first instalment of the ACP-EU Water Facility.
Article 2
Second instalment
Subject to the release by the EU Council of Ministers of a second allocation of EUR 250 million from the EUR 1 conditional billion under the 9th EDF, this amount shall be used for a second instalment of the ACP-EU Water Facility.
Article 3
Support request
In accordance with Article 13(2) of Annex IV to the Agreement, the ACP Council of Ministers requests the Commission to finance support for the ACP-EU Water Facility from intra-ACP cooperation for the amounts referred to in Articles 1 and 2.
Done at Gaborone, 6 May 2004.
For the ACP-EC Council of Ministers
The President
P. MOUSSA
(1) OJ L 317, 15.12.2000, p. 376.