3.12.2004   

EN

Official Journal of the European Union

L 358/1

(1)

As an exception to Article 45(1) of Regulation (EC) No 1493/1999, Regulation (EC) No 527/2003 (2) authorises imports into the Community of wine produced in Argentina which has undergone certain oenological processes not provided for in the Community rules. That authorisation is due to expire on 30 September 2004.

(2)

Negotiations are currently underway between the Community, represented by the Commission, and Argentina on an agreement on trade in wine. These involve in particular the respective oenological processes of the two parties and the protection of geographical indications.

(3)

With a view to ensuring the continued smooth progress of these negotiations, the derogation allowing the addition of malic acid to wines produced on the territory of Argentina and imported into the Community should be extended until the entry into force of the agreement resulting from the above negotiations, but not later than 30 September 2005.

(4)

Regulation (EC) No 527/2003 should therefore be amended accordingly,

3.12.2004   

EN

Official Journal of the European Union

L 358/2

(1)

The European Agency for Reconstruction implements Community assistance provided for in Regulation (EC) No 2666/2000 (2) in Serbia and Montenegro, including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999, and in the former Yugoslav Republic of Macedonia.

(2)

Regulation (EC) No 2667/2000 (3) applies until 31 December 2004.

(3)

Regulation (EC) No 2667/2000 provides that the Commission shall submit to the Council an evaluation report on its application and a proposal on the status of the Agency.

(4)

The Commission made that report public on 4 June 2004.

(5)

Community assistance for Serbia and Montenegro, including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999, and in the former Yugoslav Republic of Macedonia is programmed in Country Strategy Papers for the period 2002 to 2006, in line with the Community's financial perspectives. The Commission is in the process of proposing multi-annual indicative programmes for the period 2005-2006 for these countries and territories.

(6)

In the light of the positive evaluation of the activities of the Agency and the fact that the framework of Community assistance covers the period until 2006, it is important to ensure continuity in the implementation of Community assistance. Consequently, the mandate of the European Agency for Reconstruction should be prolonged until 31 December 2006.

(7)

A Constitutional Charter was adopted in the Federal Republic of Yugoslavia on 4 February 2003, renaming the country ‘Serbia and Montenegro’ (4). This change of name should be taken into account.

(8)

Regulation (EC) No 2667/2000 should be amended accordingly,

1.

in Article 1, the term ‘to the Federal Republic of Yugoslavia’ shall be replaced by the term ‘to Serbia and Montenegro’;

2.

in Article 2(1)(b), the term ‘the Federal Republic of Yugoslavia’ shall be replaced by the term ‘Serbia and Montenegro’;

3.

in Article 4(10), the term ‘to the Federal Republic of Yugoslavia’ shall be replaced by the term ‘to Serbia and Montenegro’;

4.

Article 14 shall be replaced by:

‘Article 14

By 31 December 2005 the Commission shall report to the Council on the future of the mandate of the Agency. Any proposal to extend the mandate of the Agency beyond 31 December 2006 should be made by the Commission to the Council by 31 March 2006.’;

5.

Article 15 shall be replaced by:

‘Article 15

The Commission may delegate to the Agency the execution of the Community assistance decided upon for Serbia and Montenegro and for the former Yugoslav Republic of Macedonia under Regulation (EC) No 1628/96.’;

6.

In Article 16, the date ‘31 December 2004’ shall be replaced by ‘31 December 2006’.

3.12.2004   

EN

Official Journal of the European Union

L 358/4

(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,

3.12.2004   

EN

Official Journal of the European Union

L 358/6

(1)

The Memorandum of Understanding between the European Community and the Republic of India on arrangements in the area of market access for textile products, initialled on 31 December 1994 (2), provides that favourable consideration should be given to certain requests for ‘exceptional flexibility’ by India.

(2)

The Republic of India has made a request for transfers between categories on 13 October 2004.

(3)

The transfers requested by the Republic of India fall within the limits of the flexibility provisions referred to in Article 7 and set out in Annex VIII, column 9 to Regulation (EEC) No 3030/93.

(4)

It is appropriate to grant the request.

(5)

It is desirable for this Regulation to enter into force the day after its publication in order to allow operators to benefit from it as soon as possible.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee provided for in Article 17 of Regulation (EEC) No 3030/93,

3.12.2004   

EN

Official Journal of the European Union

L 358/8

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1757/2004 (2).

(2)

In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of 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 (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.

(4)

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

3.12.2004   

EN

Official Journal of the European Union

L 358/9

(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland and Sweden to all third countries, with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004.

(2)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

(3)

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

3.12.2004   

EN

Official Journal of the European Union

L 358/10

(1)

On 25 October 1993, Canada, Sweden, Ukraine and the United States of America concluded the Agreement to establish a science and technology centre in Ukraine (hereinafter the Agreement).

(2)

Through Regulations (EC) No 1766/98 and (Euratom) No 2387/98, the European Community and the European Atomic Energy Community (hereinafter the Communities), acting as one party, acceded to the Agreement.

(3)

On 12 February 2004, the Republic of Moldova deposited with the Secretariat of the Centre the instrument of accession by Moldova to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Governing Board of the Centre to approve this accession.

(4)

The Communities are represented on the Governing Board of the Centre by the Presidency of the Council and by the Commission. The position of the Communities with regard to questions arising under Article XIII of the Agreement is determined by the Council and expressed as a general rule by the Presidency,

3.12.2004   

EN

Official Journal of the European Union

L 358/12

(1)

Regulation (EC) No 998/2003 establishes conditions for non-commercial movements of dogs, cats and ferrets from third countries into the Community. These conditions differ depending on the status of the third country of origin and of the Member State of destination.

(2)

Commission Decision 2004/203/EC of 18 February 2004 establishing a model health certificate for non-commercial movements from third countries of dogs, cats and ferrets (2) establishes the model certificate to accompany such animals when entering the Community, for which a Corrigendum (3) has been published.

(3)

Commission Decision 2004/539/EC of 1 July 2004 establishing a transitional measure for the implementation of Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals (4) allows until 1 October 2004 the coexistence of certificates issued in conformity with Regulation (EC) No 998/2003 or with the national rules which were in force before 3 July 2004.

(4)

By Council Decision 2004/650/EC of 13 September 2004 amending Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals to take account of the accession of Malta (5), Malta was added to the list of countries in Part A of Annex II to the Regulation. Consequently specific provisions applying to entries of pet animals into Ireland, Sweden and the United Kingdom should be extended to Malta.

(5)

For the sake of clarity Decision 2004/203/EC should be repealed and replaced by this Decision.

(6)

In view of the very specific nature of the animals and movements concerned, it is appropriate to facilitate the drawing up and use of the certificate for the veterinarians and travelers concerned.

(7)

Since Regulation (EC) No 998/2003 and Decision 2004/203/EC, as replaced by the present Decision, are to apply from 3 July 2004, this Decision should also apply without delay.

(8)

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

(a)

all third countries and entering into a Member State other than Ireland, Malta, Sweden and the United Kingdom, and

(b)

third countries listed in Section 2 of Part B and in Part C of Annex II to Regulation (EC) No 998/2003 and entering into Ireland, Malta, Sweden and the United Kingdom. The certificate shall not be used for animals from or prepared in third countries not listed in Annex II to Regulation (EC) No 998/2003, when moving to Ireland, Malta, Sweden or the United Kingdom, in which case Article 8(1)(b)(ii) of the Regulation shall apply.

(a)

Parts I to V of the certificate shall:

(b)

Parts VI and VII, where applicable, shall be completed and signed by a veterinarian authorised to practice veterinary medicine in the country of dispatch.

—

either a direct journey to the Member State of entry, or

—

a journey between the third country of dispatch and the Member State of entry including a residence exclusively in one or more countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003.

3.12.2004   

EN

Official Journal of the European Union

L 358/18

(1)

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (2) provides, inter alia, for the definition of categories of equidae and identification requirements.

(2)

The Commission adopted Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (3).

(3)

In accordance with the aforementioned list, Member States authorise importation of all categories of equidae from Romania under the conditions laid down for countries assigned to the sanitary group ‘B’ in Decisions 92/260/EC (4), 93/195/EEC (5), 93/196/EEC (6) and 93/197/EEC (7) respectively for the temporary admission of registered horses, for the re-entry after temporary export of registered horses, for imports of equidae for slaughter and for imports of registered equidae and equidae for breeding and production.

(4)

Decision 93/197/EEC requires for imports of equidae from certain countries assigned to the sanitary Group ‘B’ that the health tests be carried out in laboratories approved by the Member State of destination.

(5)

Commission Decision 94/467/EC of 13 July 1994 lays down health guarantees for the transport of equidae from one third country to another in accordance with Article 9(1)(c) of Directive 91/496/EEC (8).

(6)

Commission Decision 2000/68/EC of 22 December 1999 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production (9) requires equidae to be accompanied during their movement, and in particular during transport to the slaughterhouse, by an identification document.

(7)

A series of follow-up missions of the Food and Veterinary Office carried out in Romania and the controls carried out by Member States at approved border inspection posts repeatedly revealed shortcomings with regard to the conditions under which equidae from Romania are prepared for export to the Member States and transported to destination which were not remedied according to the recommendations made in those reports.

(8)

It is therefore necessary to reinforce the measures adopted to safeguard the health of Community equidae population and to ensure the animal welfare of equidae on the territory of Member States by adopting protective measures laying down a specific regime for imports of equidae for slaughter and imports of equidae for breeding and production which originate in Romania and reinforcing control measures.

(9)

The endorsement by the central competent authority in Romania of the issued certificates should reinforce the assurances given in particular pursuant to Article 12(2)(d) of Directive 90/426/EEC.

(10)

Improved identification of equidae and testing in laboratories approved by the Member State of destination of equidae imported from Romania into the Community should also contribute to the sound enforcement of the import regime.

(11)

In order to follow up the situation and with a view to withdrawing the measures, it is necessary to receive regularly information on the findings of checks carried out at approved border inspection posts or during a period of residence in the Member State of destination.

(12)

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

—

the temporary admission in accordance with Decision 92/260/EEC, and permanent import in accordance with Decision 93/197/EEC, of registered horses from Romania,

—

the re-entry in accordance with Decision 93/195/EEC of registered horses for racing, competition and cultural events, after temporary export to Romania,

—

the transport of equidae from Romania to another third country in accordance with Decision 94/467/EC,

—

the transport of equidae in accordance with Article 6 of Decision 2004/211/EC from other third countries through the territory of Romania into the European Community,

—

the import of consignments of equidae for direct slaughter in accordance with Article 2,

—

the permanent import of equidae for breeding and production in accordance with Article 3.

1.

the consignment of animals is accompanied by a single duly completed veterinary certificate in accordance with Annex I to this Decision, which shall be endorsed by the central competent authority in Romania;

2.

in addition to the hot-branded ‘S’ of at least 3 cm size on the left front leg hoof, each animal is actively marked with an injectable electronic identifier (transponder) complying with the ISO 11784 and ISO 11785 standards and injected in the upper-central part of the left side of the neck;

3.

each animal is identified and accompanied by an identification document in accordance with Annex II to this Decision, stating in particular the number of the electronic identifier referred to in paragraph 2 and indicating its implantation place;

4.

the laboratory tests required in accordance with the certificate referred to in paragraph 1 have been carried out by a laboratory approved by the Member State of destination, on samples clearly identified with a reference to the number displayed by the electronic identifier referred to in paragraph 2. The test results certified by the laboratory shall be attached to the animal health certificate accompanying the animals.

1.

each individual animal is accompanied by a duly completed veterinary certificate in accordance with Annex III to this Decision, which shall be endorsed by the central competent authority in Romania;

2.

each animal is actively marked with an injectable electronic identifier (transponder) complying with the ISO 11784 and ISO 11785 standards and injected in the upper-central part of the left side of the neck;

3.

each animal is identified and accompanied by an identification document in accordance with Annex II to this Decision, stating in particular the number of the electronic identifier referred to in paragraph 2 and indicating its implantation place;

4.

the laboratory tests required in accordance with the certificate referred to in paragraph 1 have been carried out by a laboratory approved by the Member State of destination on samples clearly identified with a reference to the number displayed by the electronic identifier referred to in paragraph 2. The test results certified by the laboratory shall be attached to the animal health certificate accompanying the animal.

(a)

of a consignment of equidae for direct slaughter which entirely complies with the conditions in Article 2, and in particular the readable electronic identifier requirement, provided that the competent authority in the Member State of final destination has communicated its acceptance of this consignment and at least the details of points 1, 2, 5, 6 and 8.5 of the certificate referred to in Article 2(1) to the border inspection post in the port of entry onto the territory of the European Community;

(b)

of equidae for breeding and production complying with the conditions in Article 3, provided that the competent authority in the Member State of final destination has communicated its general acceptance of such imports to the competent authority of the Member State responsible for the border inspection post in the port of entry onto the territory of the European Community.

(a)

equidae for direct slaughter imported in accordance with Article 2 are conveyed directly to the slaughterhouse of destination where they shall be slaughtered within 72 hours and not later than five days after arrival in the Community;

(b)

injectable identifiers (transponders) are removed at the slaughterhouse of destination and destroyed under official supervision; for control purposes, the slaughterhouse operators shall provide the competent authority with a monthly report indicating for each slaughtered animal the number of the veterinary certificate, the date of slaughter of the animal and the date of destruction of the transponder mentioned on the respective certificates;

(c)

equidae for breeding and production imported in accordance with Article 3 remain for the first 30 days following entry into the Member State of destination on the holding of destination indicated in the veterinary certificate referred to in Article 2(1), unless the animal, duly identified in accordance with Decision 2000/68/EC, is moved to the slaughterhouse for immediate slaughter under the responsibility of the competent authority.

(a)

a verification of the identity of the animals;

(b)

an animal health and welfare inspection;

(c)

a randomised repetition of the laboratory tests required in accordance with the animal health certificates in Annexes I and III respectively to this Decision;

(d)

in cases where the tests carried out in accordance with paragraph (c) produce results inconsistent with the statement contained in the certificates referred to in Article 2(1) and Article 3(1) a mandatory genetic verification of the origin of the samples shall be carried out on shadow samples which shall be retained for at least 2 months by the laboratory that carried out the first test.

3.12.2004   

EN

Official Journal of the European Union

L 358/32

(1)

Commission Decision 2002/887/EC (2) authorises Member States to provide derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan, for limited periods and subject to specific conditions.

(2)

Since the circumstances justifying the authorisation still apply and there is no new information giving cause for revision of the specific conditions, the authorisation should be extended.

(3)

Decision 2002/887/EC should therefore be amended accordingly.

(4)

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

1.

in the first paragraph and in the second paragraph of Article 2, ‘1 August 2003 and 1 August 2004’ is replaced by ‘1 August 2005 and 1 August 2006’;

2.

the table in Article 4 is replaced by the following table:

3.12.2004   

EN

Official Journal of the European Union

L 358/33

(1)

Under Directive 2000/29/EC, soil originating in certain third countries may not in principle be introduced into the Community.

(2)

Australia has asked to be allowed to export a small quantity of soil originating in Australia to the Community to be deposited for ceremonial purposes on the grave of an Australian citizen buried in Belgium.

(3)

The soil in question will be suitably treated before leaving Australia and accompanied by an official certificate to this effect issued by the Australian authorities.

(4)

The Commission considers that there is no risk of spreading organisms harmful to plants or plant products if the soil is treated as proposed by Australia.

(5)

Member States should therefore for a limited period be authorised to provide for a derogation to allow the import of small quantities of soil subject to specific conditions for treatment.

(6)

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

3.12.2004   

EN

Official Journal of the European Union

L 358/35