19.7.2005   

EN

Official Journal of the European Union

L 187/1

(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,

19.7.2005   

EN

Official Journal of the European Union

L 187/3

(1)

Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation under Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3) and referred to in Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies.

(2)

A tendering procedure for the sale of wine alcohol for exclusive use as bioethanol in the fuel sector in the Community should be organised in accordance with Article 92 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and ensuring the continuity of supplies to firms approved under that Article.

(3)

Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro.

(4)

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

(a)

one lot with the number 10/2005 EC for a quantity of 100 000 hectolitres of alcohol at 100 % volume,

(b)

one lot with the number 11/2005 EC for a quantity of 50 000 hectolitres of alcohol at 100 % volume,

(c)

one lot with the number 12/2005 EC for a quantity of 100 000 hectolitres of alcohol at 100 % volume,

(d)

one lot with the number 13/2005 EC for a quantity of 100 000 hectolitres of alcohol at 100 % volume,

(e)

one lot with the number 14/2005 EC for a quantity of 50 000 hectolitres of alcohol at 100 % volume,

(f)

one lot with the number 15/2005 EC for a quantity of 100 000 hectolitres of alcohol at 100 % volume,

(g)

one lot with the number 16/2005 EC for a quantity of 100 000 hectolitres of alcohol at 100 % volume,

(h)

one lot with the number 17/2005 EC for a quantity of 50 000 hectolitres of alcohol at 100 % volume,

(i)

one lot with the number 18/2005 EC for a quantity of 41 331,79 hectolitres of alcohol at 100 % volume,

(j)

one lot with the number 19/2005 EC for a quantity of 8 614,908 hectolitres of alcohol at 100 % volume.

(a)

proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % volume has been lodged with the intervention agency holding the alcohol concerned,

(b)

an indication of the Member State(s) of final use of the alcohol and an undertaking by the tenderer to comply with that destination,

(c)

the name and address of the tenderer, the reference number of the notice of invitation to tender and the price proposed, expressed in euro per hectolitre of alcohol at 100 % volume,

(d)

an undertaking by tenderers that they will comply with all the rules applicable to this tendering procedure,

(e)

a statement by tenderers to the effect that:

(a)

whether the tender is eligible,

(b)

in the event of the tender being ineligible, which of the conditions referred to in Article 94 of Regulation (EC) No 1623/2000 were not met.

(a)

apply Article 102 of Regulation (EC) No 1623/2000 mutatis mutandis,

(b)

carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use.

19.7.2005   

EN

Official Journal of the European Union

L 187/11

(1)

Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) contains the combined nomenclature currently in force.

(2)

In accordance with the outcome of the negotiations with the United States of America concluded in 1995, certain blends of residues from the manufacture of starch from maize with certain other types of residue, in particular screenings from maize and residues of maize steep-water used for the manufacture of alcohol or of other starch derived products imported into the Community were exempted from customs duty. Council Regulation (EC) No 344/96 (3) consequently incorporated into the Combined Nomenclature a subheading 2309 90 20 to classify this product separately.

(3)

As the result of an omission, Annex I to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (4) was not adapted accordingly. This adaptation must therefore be made, with effect from the date of application of Regulation (EC) No 1784/2003, by incorporating code CN 2309 90 20 into the list of products included in Annex I to that Regulation.

(4)

Regulation (EC) No 1784/2003 should therefore be amended accordingly.

(5)

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

19.7.2005   

EN

Official Journal of the European Union

L 187/14

(1)

Article 7(8) of Section A of the Annex to the Multi-annual Financing Agreements (MAFAs) referred to Commission Regulation (EC) No 1419/2004 (1) should, with regard to the procedures to be applied for the payment of the final balance of the programme, be made consistent with the final de-commitment date provided for in Article 3 of the Annual Financing Agreements (AFAs). For that purpose, the deadline for the submission to the Commission of the certified statement of expenditure referred to in that provision has to be amended and the procedures concerning the conformity clearance decision provided for in Article 12 of Section A of the Annex to the MAFAs should be clarified.

(2)

An error needs to be rectified as regards the title of Article 4 of Regulation (EC) No 1419/2004.

(3)

It is therefore necessary to amend and correct Regulation (EC) No 1419/2004 accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development and of the Committee of the European Agriculture Guarantee and Guidance Fund,

19.7.2005   

EN

Official Journal of the European Union

L 187/16

(1)

Council Regulation (EC) No 2270/2004 of 22 December 2004 fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3), lays down quotas for 2005 and 2006.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

19.7.2005   

EN

Official Journal of the European Union

L 187/18

(1)

Under Articles 2(2) and 3 of Regulation (EEC) No 4088/87, Community import and producer prices are fixed each fortnight for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses and apply for two-week periods. Under Article 1(b) of Commission Regulation (EEC) No 700/88 of 17 March 1988 laying down detailed rules for the application of the arrangements for the import into the Community of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (2), those prices are determined for two-week periods on the basis of weighted prices provided by the Member States.

(2)

Those prices should be fixed immediately so the customs duties applicable can be determined.

(3)

Following the accession of Cyprus to the European Union on 1 May 2004, it is no longer necessary to fix import prices for Cyprus.

(4)

Likewise, it is no longer necessary to fix import prices for Israel, Morocco and the West Bank and the Gaza Strip, in order to take account of the agreements approved by Council Decisions 2003/917/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Israel Association Agreement (3), 2003/914/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 3 to the EC-Morocco Association Agreement (4) and 2005/4/EC of 22 December 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement (5).

(5)

The Commission must adopt these measures in between the meetings of the Management Committee for Live Plants and Floriculture Products,

19.7.2005   

EN

Official Journal of the European Union

L 187/20

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

(2)

The mandate of the current external auditors of De Nederlandsche Bank (hereinafter DNB) has expired and will not be renewed. It is therefore necessary to appoint an external auditor from the financial year 2005.

(3)

DNB has selected Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers BV, acting in his personal capacity, as its new external auditor, and the ECB considers that the selected auditor fulfils the necessary requirements for appointment.

(4)

The Governing Council of the ECB recommended that the mandate of the external auditor should be for an indeterminate period, subject to his being reconfirmed each year.

(5)

It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,

19.7.2005   

EN

Official Journal of the European Union

L 187/22

(1)

Commission recommendation 2003/203/EC of 20 March 2003 on the harmonisation of the provision of public R-LAN access to public electronic communications networks and services in the Community (2) recommended Member States to allow the provision of public R-LAN access to public electronic communications networks and services in the available 5 GHz band.

(2)

It also considered that further harmonisation in particular of the 5 GHz band would be necessary in the framework of Decision No 676/2002/EC to ensure that the band be available for R-LAN in all Member States and to alleviate the growing overloading of the 2,4 GHz band designated for R-LAN by Decision (01)07 of the European Radiocommunications Committee (3).

(3)

The relevant parts of the 5 GHz band have been allocated to the mobile service, except aeronautical mobile service, on a primary basis, in all three Regions of the International Telecommunication Union (ITU) by the World Radiocommunication Conference 2003 (WRC-03), taking into account the need to protect other primary services in these frequency bands.

(4)

WRC-03 adopted ITU-R Resolution 229 on the ‘Use of the bands 5 150-5 250, 5 250-5 350 MHz and 5 470-5 725 MHz by the mobile service for the implementation of wireless access systems including radio local area networks’ which was an incentive for further European harmonisation to allow R-LAN systems to rapidly access the European Union.

(5)

With a view to such harmonisation, a mandate (4) was issued on 23 December 2003 by the Commission to the European Conference of Postal and Telecommunications Administrations (CEPT), pursuant to Article 4(2) of Decision No 676/2002/EC, to harmonise radio spectrum in the 5 GHz band for use by RLANs.

(6)

As a result of that mandate, the CEPT, through its Electronic Communications Committee, has defined in its report (5) of 12 November 2004 and in its Decision ECC/DEC(04)08 of 12 November 2004 specific technical and operational conditions for the use of specific frequencies in the 5 GHz band, which are acceptable to the Commission and the Radio Spectrum Committee and should be made applicable in the Community in order to ensure the development of WAS/RLANs on a harmonised basis in the Community.

(7)

WAS/RLAN equipment must fulfil the requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (6). Article 3.2 of this Directive obliges manufacturers to ensure that equipment does not cause harmful interference to other users of the spectrum.

(8)

In several Member States, there is an essential need for the operation of military and meteorological radars in the bands between 5 250 and 5 850 MHz which requires specific protection against harmful interference by WAS/RLAN.

(9)

There also is a need to specify appropriate equivalent isotropic radiated power limits and operational restrictions, such as indoor use restrictions, for WAS/RLANs in particular in the frequency band 5 150-5 350 MHz in order to protect systems in the Earth exploration-satellite service (active), space research service (active) and mobile-satellite service feeder links.

(10)

As specified in the CEPT report sharing between the radars in the radiodetermination service and WAS/RLANs in the frequency bands 5 250-5 350 MHz and 5 470-5 725 MHz is only feasible with the application of power limits and mitigation techniques that ensure that WAS/RLANs do not interfere with radar applications/systems. Transmitter Power Control (TPC) and Dynamic Frequency Selection (DFS) have therefore been included in the harmonised standard EN 301 893 (7) developed by the European Telecommunications Standards Institute (ETSI) to provide presumption of conformity for WAS/RLAN equipment with Directive 1999/5/EC. Transmitter power control (TPC) in WAS/RLANs in the bands 5 250-5 350 MHz and 5 470-5 725 MHz would facilitate sharing with satellite services by significantly reducing the aggregate interference. DFS, which complies with the detection, operational and response requirements set out in Annex I to Recommendation ITU-RM. 1652 (8) avoids that WAS/RLANs use frequencies that are in use by radars. The effectiveness of the mitigation techniques in EN 301 893 to protect fixed frequency radars will be monitored. It is subject to review so as to take account of new developments, based on the study by Member States of suitable test methods and procedures for mitigation techniques.

(11)

It is recognised at Community and ITU level that there is a need for further studies and the possibility of development of alternative technical/operational conditions for WAS/RLANs, whilst still providing appropriate protection of other primary services in particular radiolocation. Furthermore, it is appropriate for national administrations to perform measurement campaigns and testing to facilitate coexistence between various services. Such studies and development will be taken into account in the future review of this Decision.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

(a)

‘wireless access systems including radio local area networks (WAS/RLANs)’ shall mean broadband radio systems that allow wireless access for public and private applications disregarding the underlying network topology.

(b)

‘indoor use’ shall mean use inside a building, including places assimilated thereto such as an aircraft, in which the shielding will typically provide the necessary attenuation to facilitate sharing with other services.

(c)

‘mean equivalent isotropically radiated power (e.i.r.p.)’ shall mean e.i.r.p. during the transmission burst which corresponds to the highest power, if power control is implemented.

(a)

to 0,25 mW/25 kHz in any 25 kHz band, in the band 5 150-5 250 MHz and

(b)

to 10 mW/MHz in any 1 MHz band, in the band 5 250-5 350 MHz.

19.7.2005   

EN

Official Journal of the European Union

L 187/25

(1)

In Commission Decision 96/609/EC (2), the ‘Ministère de l’agriculture et des ressources animales — Direction générale des ressources animales (MARA-DGRA)’ is identified as the competent authority in the Ivory Coast for verifying and certifying compliance of fishery and aquaculture products with Directive 91/493/EEC.

(2)

Following a restructuring of the Ivorian administration, the competent authority has changed to the ‘Ministère de la production animale et des ressources halieutiques — Direction des services vétérinaires et de la qualité (MIPARH-DSVQ)’.

(3)

That new authority is capable of effectively verifying the application of the rules in force.

(4)

The MIPARH-DSVQ has provided official assurances on compliance with the standards for health controls and monitoring of fishery and aquaculture products as set out in Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down in that Directive.

(5)

Decision 96/609/EC should therefore be amended accordingly.

(6)

It is appropriate for this Decision to be applied 45 days from the date of its publication in the Official Journal of the European Union thereby providing for the necessary transitional period.

(7)

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

1.

Article 1 is replaced by the following:

‘Article 1

The “Ministère de la production animale et des ressources halieutiques — Direction des services vétérinaires et de la qualité (MIPARH-DSVQ)” shall be the competent authority in the Ivory Coast for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.’

2.

Article 2 is replaced by the following:

‘Article 2

Fishery and aquaculture products imported from the Ivory Coast must meet the following conditions:

3.

Article 3(2) is replaced by the following:

‘2.   Certificates must bear the name, capacity and signature of the representative of the MIPARH-DSVQ and the latter’s official stamp in a colour different from that of other endorsements.’

4.

Annex A is replaced by the text in the Annex to this Decision.

19.7.2005   

EN

Official Journal of the European Union

L 187/29

(1)

Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (3) provides for entry into the Traces system of all common veterinary entry documents for products from 30 June 2005.

(2)

There is a delay in making available an off-line system for data entry to cope with this huge increase in workload, and in developing an interface allowing communication between national systems and Traces.

(3)

The training by the Member States of freight forwarders to ensure that they play an active part in entering data into the Traces system will take some time.

(4)

The date in Decision 2004/292/EC from which entry into the Traces system of all common veterinary entry documents for products is compulsory should therefore be deferred.

(5)

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

19.7.2005   

EN

Official Journal of the European Union

L 187/30