(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated fishing conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required (2), lays down quotas for common sole for 2004.

(2)

In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.

(3)

According to the information received by the Commission, catches of common sole in the waters of ICES sub-area II, North Sea, by vessels flying the flag of France or registered in France have exhausted the quota allocated for 2004. France has prohibited fishing for this stock from 17 July 2004. This date should be adopted in this Regulation also,

(1)

In April 2002, the Commission included in part 2 of Annex III to Directive 76/768/EEC 60 hair dyes under the reference numbers 1 to 60. Since more information on the safety of those hair dyes was needed in order for the Scientific Committee for Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP) to finish the risk assessment of those substances, those hair dyes have been provisionally allowed to be employed in cosmetic products until 30 September 2004.

(2)

In December 2002, the SCCNFP set the basic requirements to carry out a modern risk assessment of hair dyes. Following the process of consultation with the Member States and stakeholders it was agreed in December 2003 that the date of July 2005 was appropriate for the presentation to the SCCNFP of the additional information on hair dyes meeting the new requirements. Therefore, the period for which those hair dyes have been included in part 2 of Annex III to Directive 76/768/EEC has to be extended.

(3)

Directive 76/768/EEC should therefore be amended accordingly.

(4)

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

(1)

As the risk assessment had not been completed in accordance with Council Regulation (EEC) 793/93 on the evaluation and control of the risks of existing substances (2), the period of inclusion in part 2 of Annex III to Directive 76/768/EEC for musk xylene and musk ketone was extended until 30 September 2004.

(2)

On 8 January 2004, the Scientific Committee on Toxicity, Ecotoxicity and the Environment adopted an opinion on the results of the risk assessment of musk xylene and musk ketone that was carried out in accordance with Regulation (EEC) 793/93.

(3)

The Scientific Committee on Cosmetic Products and Non-food Products intended for Consumers (SCCNFP) has confirmed that musk xylene can be safely used in cosmetic products, excluding oral care products, up to a maximum concentration in the final product of 1 % in fine fragrance, 0,4 % in eau de toilette and 0,03 % in other products and that musk ketone can be safely used in cosmetic products, excluding oral care products, up to a maximum concentration in the final product of 1,4 % in fine fragrance, 0,56 % in eau de toilette and 0,042 % in other products.

(4)

It is therefore necessary to include musk xylene and musk ketone in part 1 of Annex III to Directive 76/768/EEC while the corresponding entries in part 2 of that Annex should be deleted.

(5)

Directive 76/768/EEC should therefore be amended accordingly.

(6)

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

(1)

Council Decision 90/424/EEC provides for a financial contribution from the Community for the undertaking of technical and scientific measures necessary for the development of Community veterinary legislation and for veterinary education or training.

(2)

Commission Decision 2004/111/EC (2) provides for the implementation in 2004 of surveys for avian influenza in poultry and wild birds in the Member States, subject to the survey plans being approved by the Commission; these surveys should investigate the presence of infections in poultry, which could lead to a review of current legislation and contribute to the knowledge of the possible threats for animals and humans from the wildlife.

(3)

Programmes submitted by Member States have been examined by the Commission against the guidelines established by Decision 2004/615/EC amending Decision 2004/111/EC on the implementation of surveys for avian influenza in poultry and wild birds in the Member States to be carried out during 2004, and found to be consistent with those guidelines; they should therefore be approved individually.

(4)

Expenditures in relation to the programmes to be approved that have been incurred since 15 March 2004 shall also be eligible for co-financing.

(5)

Cyprus has submitted a surveillance programme but due to the small scale of the investigations planned, has not requested a financial contribution from the Community; however the programme should be officially approved.

(6)

Furthermore it is appropriate to lay down rules for reporting the results of the surveys and for the eligibility of the costs contained in the financial claim for a financial participation of the Community to the costs incurred by Member States for the implementation of the programme.

(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)

An outbreak of classical swine fever occurred in the Slovak Republic in 2004. The emergence of this disease represents a serious risk to the Community's livestock population.

(2)

With a view to helping to eradicate the disease as rapidly as possible, the Community may contribute financially to eligible costs incurred by the Member State, as provided for in Decision 90/424/EEC.

(3)

Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (2), veterinary and plant health measures undertaken in accordance with Community rules shall be financed under the Guarantee section of the European Agricultural Guidance and Guarantee Fund. The auditing of these measures comes under Articles 8 and 9 of the said Regulation.

(4)

The payment of the Community financial contribution must be subject to the condition that the planned activities were actually implemented and the authorities provide all the necessary information within certain deadlines.

(5)

On 29 March 2004, the Slovak Republic submitted an official request for reimbursement for all the expenditure incurred on its territory.

(6)

The terms ‘swift and adequate compensation of the livestock farmers’ used in Article 3 of Decision 90/424/EEC, ‘reasonable payments’ and ‘justified payments’ and the categories of eligible expenditure under ‘other costs’ associated with the compulsory culling should all be defined.

(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,

(a)

the swift and adequate compensation of farmers forced to cull their animals as part of the measures to eradicate the outbreaks of classical swine fever in 2004, pursuant to the provisions of the first and seventh indents of Article 3(2) of Decision 90/424/EC and in accordance with this Decision;

(b)

the operational expenditure associated with the culling of animals, the destruction of carcasses and products, the cleaning and disinfecting of premises and the cleaning and disinfecting, or destruction if necessary, of contaminated equipment, pursuant to the provisions of the first, the second and third indents of Article 3(2) of Decision 90/424/EEC and in accordance with this Decision.

(a)

‘swift and adequate compensation’ means payment, within 90 days of the culling of the animals, for compensation corresponding to the market value as defined in Article 3(1);

(b)

‘reasonable payments’ means payments for the purchase of materials or services at proportionate prices compared to the market prices before the outbreak of the classical swine fever;

(c)

‘justified payments’ means payments for the purchase of materials or services of which the nature and the direct link with the compulsory culling of animals, as referred to in Article 1(a) is demonstrated.