20.10.2004   

EN

Official Journal of the European Union

L 319/1

(1)

According to recent scientific reports, and in particular the reports of the International Council for the Exploration of the Sea (ICES), highly sensitive deep-water habitats have been found and mapped in the Atlantic. Those habitats host important and highly diverse biological communities and are considered to require priority protection. In particular, they are defined as habitats of Community interest in Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2). Furthermore, deep-water coral reefs have recently been included in a list of endangered habitats in the framework of the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention).

(2)

According to scientific evidence, recovery from damage to these habitats produced by trawl gear towed through the bottom is either impossible or very difficult and slow. The waters around the Azores, the Canary Islands and Madeira contains several known or potential deep-water habitats that have until recently been preserved from trawling. It is therefore appropriate to prohibit the use of bottom trawls and similar gear in waters around the Azores, the Canary Islands and Madeira where these habitats are still in a favourable conservation status.

(3)

New scientific information indicates that the catches of cod taken in fisheries carried out under the conditions specified in point 17 of Annex IV to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3) are likely to be low, and consequently these fisheries pose little additional risk to cod recovery. An increase in the number of days fishing for haddock is therefore justified.

(4)

In order to ensure the livelihood of Community fishermen, it is important that the fisheries be available as soon as possible. Therefore, it is imperative to grant an exception to the six-week period mentioned in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community.

(5)

Regulation (EC) No 2287/2003 should therefore be amended accordingly,

1.

In Annex IV the following point is added:

‘19.   Trawling ban in waters around the Azores, the Canary Islands and Madeira

Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in waters under the sovereignty or the jurisdiction of Member States within the areas bounded by a line joining the following coordinates:

2.

In Annex V the following is added in point 6:

20.10.2004   

EN

Official Journal of the European Union

L 319/3

(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,

20.10.2004   

EN

Official Journal of the European Union

L 319/5

(1)

Under Article 17 of Commission Regulation (EC) No 1433/2003 (2), once the operational programmes submitted by producer organisations have been approved Member States are to establish the approved amount of aid not later than 15 December of the year preceding implementation of the programme. In order to improve overall budget management, the Member States must inform the Commission of the total amount of aid approved for all operational programmes.

(2)

Under Article 26 of Regulation (EC) No 1433/2003, data on producer organisations, operational funds and operational programmes must be the subject of reports from the Member States to be communicated to the Commission by 1 June each year in accordance with Annex III to that Regulation. Figures relating to the final aid payments actually made are to be submitted on 15 November at the latest. Experience in recent years has shown that the two deadlines are an unnecessary administrative complication. The process should be simplified by requiring Member States to send reports including definitive information on final aid payments each year by 15 November at the latest.

(3)

Annex I to Regulation (EC) No 1433/2003 gives a complete list of operations and expenditure which may be covered by operational programmes. This expenditure includes, in point 2 of that Annex, the specific costs of quality improvement measures, including the purchase of certified seed. Experience has shown that the term ‘certified seed’ must be clarified by explicit reference to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (3), which corresponds to the objective of improving and supporting the quality mentioned in the above Regulation.

(4)

Regulation (EC) No 1433/2003 should therefore be amended accordingly.

(5)

The Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,

1.

the following paragraph is added to Article 17:

‘Member States shall communicate to the Commission, within 30 days of that date, the total amount of aid approved for all operational programmes.’;

2.

in Article 26(1), ‘1 June’ is replaced by ‘15 November’;

3.

in Annex I, point 2(d) is replaced by:

4.

in part 3 of Annex III, point 3 is deleted.

20.10.2004   

EN

Official Journal of the European Union

L 319/7

(1)

Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.

(3)

It is necessary to apply this amendment as soon as possible, given the situation on the market.

(4)

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

20.10.2004   

EN

Official Journal of the European Union

L 319/9

(1)

Under Directive 2000/29/EC, plants, plant products or other objects listed in that Directive, coming from third countries, are in principle to be accompanied by the original of the required official ‘phytosanitary certificate’ or ‘phytosanitary certificate for re-export’ (certificates).

(2)

The International Plant Protection Convention (IPPC) of 6 December 1951 concluded at the United Nations Food and Agricultural Organisation (FAO) specifies in its Annex models of certificates providing a standard wording and format that should be followed for the preparation and issue of certificates.

(3)

The IPPC was significantly amended in 1979 and 1997. As a consequence of those amendments different models of the certificates were approved to accompany plants, plant products and other objects when moving in international traffic.

(4)

Although the amendments of the IPPC in 1997 have not yet entered into force, Resolution 12/97 of the 29th session of the Conference of the FAO allowed the use of the amended certificates as an alternative and on voluntary basis among Contracting Parties to the IPPC that accept them. It appeared that many Contracting Parties to the IPPC already use the certificates based on the models specified in the Annex to the IPPC, as amended in 1997.

(5)

The models of certificates to accompany plants, plant products or other objects for entry into the Community should be determined.

(6)

National plant protection organisations usually stock up certificates in large quantities. It is appropriate to lay down rules for the use of certificates based on the models specified in the Annex to IPPC, as amended in 1979, during a transitional period.

(7)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,

20.10.2004   

EN

Official Journal of the European Union

L 319/15

(1)

The Act concerning the conditions of accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded has amended, with effect from 1 November 2004, the provisions of the Treaty establishing the European Community, the Treaty establishing the European Atomic Energy Community and the Treaty on European Union with regard to the weighting of votes in the Council.

(2)

In accordance with Article 205(4) of the Treaty establishing the European Community, Article 118(4) of the Treaty establishing the European Atomic Energy Community, the third subparagraph of Article 23(2) and Article 34(3) of the Treaty on European Union, as amended by the said Act of Accession, when a decision is to be adopted by the Council by a qualified majority, a member of the Council may request verification that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union. It is necessary to establish detailed rules for implementing these provisions.

(3)

To do so, it is necessary to establish, in accordance with the data supplied by the Statistical Office of the European Communities, the total population figure for each Member State for a period of one year and to provide for the annual updating of these figures.

(4)

Point IV.A. of the Recommendations for the 2000 Censuses of Population and Housing in the ECE Region, jointly prepared by the United Nations Economic Commission for Europe and the Statistical Office of the European Communities, defines the concept of total population of a State,

1.

in Article 11 the following paragraph shall be added:

‘5.   When a decision is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it shall be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union calculated according to the population figures set out in Article 1 of Annex IIa.’;

2.

after Annex II the following Annex shall be inserted:

20.10.2004   

EN

Official Journal of the European Union

L 319/17

1.

The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under the column ‘EC access to the US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility.

2.

The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.