3.9.2005   

EN

Official Journal of the European Union

L 228/1

(1)

The Common Customs Tariff is laid down in Regulation (EEC) No 2658/87 (1).

(2)

The Community is a major consumer of certain tropical fishery products. It has to import large quantities of such products in order to satisfy its needs. In order to avoid disruptions of trade, it is in the Community’s interest to reduce temporarily the Common Customs tariff duties for the importation of these products.

(3)

Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I.3 of the Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Community on the role of national parliaments in the European Union.

(4)

Since this Regulation is to apply from 1 August 2005, it should enter into force immediately,

3.9.2005   

EN

Official Journal of the European Union

L 228/3

(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,

3.9.2005   

EN

Official Journal of the European Union

L 228/5

(1)

Oats are one of the products covered by the common organisation of the market in cereals. They are not, however, included among the basic cereals referred to in Article 5 of Regulation (EC) No 1784/2003 for which provision is made for intervention buying-in.

(2)

Oats are a major traditional crop in Finland and Sweden and are well suited to the weather conditions obtaining in those countries. Production far exceeds requirements in those countries with the result that they are required to dispose of surpluses by exporting them to third countries. Membership of the Community has not altered the previous situation.

(3)

Any reduction in the quantity of oats grown in Finland and Sweden would promote the growing of other cereals qualifying for the intervention arrangements, especially barley. Production of barley is in surplus both in these two countries and across the whole of the Community. A switch from oats to barley would only worsen the situation and create further surpluses. It is necessary therefore to ensure that exports of oats to third countries can continue.

(4)

Refunds may be granted in respect of oats under Article 13 of Regulation (EC) No 1784/2003. The geographical situation of Finland and Sweden places those countries in a less favourable position from the point of view of exporting than other Member States. The fixing of refunds on the basis of Article 13 favours primarily exports from other Member States. It is anticipated therefore that the production of oats in Finland and in Sweden will give way increasingly to that of barley. Consequently, in coming years, substantial quantities of barley must be expected to enter intervention storage in Finland and Sweden under Article 5 of Regulation (EC) No 1784/2003, the only possibility of disposal being export to third countries. Exports from intervention storage are more costly to the Community budget than direct exports.

(5)

These additional costs can be avoided under a special intervention measure within the meaning of Article 7 of Regulation (EC) No 1784/2003. Such an intervention measure may take the form of a measure intended to relieve the market in oats in Finland and Sweden. The grant of a refund by a tendering procedure, applicable only to oats produced and exported from those two countries, would be the most appropriate measure in the circumstances.

(6)

The nature and objectives of the said measure make it appropriate to apply to it, mutatis mutandis, Article 13 of Regulation (EC) No 1784/2003 and the Regulations adopted for its implementation, in particular 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 (2).

(7)

Regulation (EC) No 1501/95 requires tenderers, among their other undertakings, to apply for an export licence and lodge a security. The rate of that security should be established.

(8)

The cereals in question should actually be exported from the Member States for which a special intervention measure was implemented. It is necessary therefore to limit the use of export licences to exports from the Member State in which application for the licence was made and to oats produced in Finland and Sweden.

(9)

In view of the Europe Agreements establishing an association between the European Communities and their Member States, of the one part and the Republic of Bulgaria (3) and Romania (4), these two countries must be excluded from the list of eligible destinations. Furthermore, given the way the refund is calculated using market prices on distant markets, the nearby destinations of Switzerland and Norway, for which these measures are not justified by reason of the relatively minor transport costs arising from their proximity and the communication channels available to these destinations, should also be excluded.

(10)

To ensure that all parties are treated equally, all licences issued should have the same period of validity.

(11)

To ensure the satisfactory operation of export tendering procedures, a minimum quantity should be set and the time limit for the submission of tenders to the competent authority and the form in tenders are to be forwarded should be specified.

(12)

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

(a)

they relate to not less than 1 000 tonnes;

(b)

they are accompanied by a written undertaking from the tenderer specifying that they relate solely to oats grown in Finland and Sweden which are to be exported from those countries.

3.9.2005   

EN

Official Journal of the European Union

L 228/9

(1)

The quantities of peaches covered by aid applications for the 2004/05 marketing year, as notified by Member States under Article 39(2) 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), do not exceed the Community threshold. An additional amount is therefore to be paid after the end of the 2004/05 marketing year in the Member States that joined the European Union on 1 May 2004.

(2)

Producers in the Czech Republic and Slovakia lodged no aid applications for peaches for processing in the 2004/05 marketing year. No additional amount for the 2004/05 marketing year should therefore be paid in those Member States,

3.9.2005   

EN

Official Journal of the European Union

L 228/10

(1)

Article 91 of the Euro-Mediterranean Agreement gives the Association Council the power to make appropriate recommendations for the purpose of attaining the objectives of the Agreement.

(2)

In terms of Article 101 of the Euro-Mediterranean Agreement, the Parties are to take any general or specific measures required to fulfil their obligations under the Agreement and are to see to it that the objectives set out in the Agreement are attained.

(3)

The Parties to the Euro-Mediterranean Agreement have agreed on the text of the EU-Jordan Action Plan.

(4)

The EU-Jordan Action Plan will support the implementation of the Euro-Mediterranean Agreement through the elaboration and agreement between the Parties of concrete steps which will provide practical guidance for such implementation.

(5)

The Action Plan serves the dual purpose of setting out concrete steps for bringing the fulfilment of the Parties’ obligations set out in the Euro-Mediterranean Agreement, and of providing a broader framework for further strengthening EU-Jordan relations to involve a significant measure of economic integration and a deepening of political cooperation, in accordance with the overall objectives of the Euro-Mediterranean Agreement,

3.9.2005   

EN

Official Journal of the European Union

L 228/11

(1)

Pursuant to Directive 2001/18/EC, the placing on the market of a product containing or consisting of a genetically modified organism or a combination of genetically modified organisms is subject to written consent being granted by the competent authority concerned, in accordance with the procedure laid down in that Directive.

(2)

A notification concerning the placing on the market of a genetically modified oilseed rape product (Brassica napus L., GT73 line) was submitted by Monsanto SA to the competent authority of the Netherlands.

(3)

The notification covers the same uses as for any other oilseed rape, with the exception of the uses as or in food and the cultivation in the Community of varieties derived from the genetically modified product (GT73 transformation event). The notification covers the importation and storage of the GT73 oilseed rape, and its use as feed as well as in the processing for feed, and its industrial uses as or in products.

(4)

In accordance with the procedure provided for in Article 14 of Directive 2001/18/EC, the competent authority of the Netherlands prepared an assessment report, which is submitted to the Commission and the competent authorities of other Member States. That assessment report concludes that no reasons have emerged on the basis of which consent for the placing on the market of GT73 oilseed rape should be withheld.

(5)

The competent authorities of certain Member States raised objections to the placing on the market of the product.

(6)

The opinion adopted on 11 February 2004 by the European Food Safety Authority, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2), concluded, from all evidence provided, that Brassica napus L. line GT73 is as safe as conventional oilseed rape for humans and animals, and in the context of the proposed uses, for the environment. The European Food Safety Authority also found that the monitoring plan provided by the consent holder was appropriate for the intended uses of the GT73 oilseed rape.

(7)

An examination of each of the objections in the light of Directive 2001/18/EC, of the information submitted in the notification and of the opinion of the European Food Safety Authority, discloses no reason to believe that the placing on the market of Brassica napus L. line GT73 will adversely affect human or animal health or the environment.

(8)

Refined oil from GT73 oilseed rape has been commercially released for food purposes in the Community in accordance with the procedure referred to in Article 5 of Regulation (EC) No 258/97 of the European Parliament and the Council of 27 January 1997 concerning novel foods and novel food ingredients (3).

(9)

A unique identifier should be assigned to the GT73 oilseed rape for the purposes of Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC and Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (4).

(10)

Adventitious or technically unavoidable traces of genetically modified organisms in products are exempted from labelling and traceability requirements in accordance with thresholds established under Directive 2001/18/EC and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (5).

(11)

In the light of the opinion of the European Food Safety Authority, it is not necessary to establish specific conditions for the intended uses with regard to the handling or packaging of the product and the protection of particular ecosystems, environments or geographical areas.

(12)

In the light of the opinion of the European Food Safety Authority, an appropriate management system should be in place to prevent grains of GT73 oilseed rape entering cultivation.

(13)

Prior to the placing on the market of the product, the necessary measures to ensure its labelling and traceability at all stages of its placing on the market, including verification by appropriate validated detection methodology, should be applicable.

(14)

The measures provided for in this Decision are not in accordance with the opinion of the Committee established under Article 30 of Directive 2001/18/EC and the Commission therefore submitted to the Council a proposal relating to these measures. Since on the expiry of the period laid down in Article 30(2) of Directive 2001/18/EC the Council had neither adopted the proposed measures nor indicated its opposition to them in accordance with Article 5(6) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6) the measures should be adopted by the Commission,

(a)

Cassette 1

A 5-enolpyruvylshikimate-3-phospate synthase (epsps) gene derived from Agrobacterium sp. strain CP4 (CP4 EPSPS), which confers glyphosate tolerance, under the regulation of the modified figwort mosaic virus promoter (P-CMoVb), terminator sequences from the pea rbcS E9 gene encoding the small subunit of ribulose bisphosphate carboxylase/oxygenase and the N-terminal chloroplast transit peptide CTP2 sequence from the epsps gene of Arabidopsis thaliana.

(b)

Cassette 2

The variant 247 of the original glyphosate oxidoreductase gene (goxv247) derived from Ochrobactrum anthropi strain LBAA, which confers glyphosate tolerance, under the regulation of the modified figwort mosaic virus promoter (P-CMoVb), terminator sequences from Agrobacterium tumefaciens and the N-terminal chloroplast transit peptide sequence CTP1 from the ribulose bisphosphate carboxylase/oxygenase (Arab-ssu1a) gene of Arabidopsis thaliana.

(a)

the period of validity of the consent shall be for a period of 10 years starting from the date on which the consent is issued;

(b)

the unique identifier of the product shall be MON-00073-7;

(c)

without prejudice to Article 25 of Directive 2001/18/EC, the consent holder shall, whenever requested to do so, make positive and negative control samples of the product, or its genetic material, or reference materials available to the competent authorities;

(d)

the words ‘This product contains genetically modified organisms’ or ‘This product contains genetically modified GT73 oilseed rape’ shall appear either on a label or in a document accompanying the product, except where other Community legislation sets a threshold below which such information is not required; and

(e)

as long as the product has not been authorised for the placing on the market for the purpose of cultivation, the words ‘not for cultivation’ shall appear either on a label or in a document accompanying the product.

(a)

that the existing monitoring networks, as specified in the monitoring plan contained in the notification, gathers the information relevant for the monitoring of the product; and

(b)

that these existing monitoring networks have agreed to make available that information to the consent holder before the date of submission of the monitoring reports to the Commission and competent authorities of the Member states in accordance with paragraph 3.

3.9.2005   

EN

Official Journal of the European Union

L 228/14

(1)

Pursuant to Decision 90/424/EEC the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of veterinary legislation and for the development of veterinary education or training.

(2)

Under Article 4 of Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (2), a Community target is to be established for reducing the prevalence of salmonella in populations of flocks of broilers of Gallus gallus (broilers) by the end of 2006.

(3)

In order to set the Community target, comparable data on the prevalence of salmonella in populations of broilers in the Member States needs to be available. Such information is not at hand and a special survey should therefore be carried out to monitor the prevalence of salmonella in broilers over a suitable period in order to take account of possible seasonal variations.

(4)

The survey is to provide technical information necessary for the development of Community veterinary legislation. Given the importance of collecting comparable data on the prevalence of salmonella in broilers in the Member States, they should be granted a Community financial contribution for implementing the specific requirements of the survey. It is appropriate to reimburse 100 % of the costs incurred on the laboratory testing, subject to a ceiling. All other costs such as sampling, travel, administration, etc. should not be eligible for any Community financial contribution.

(5)

A financial contribution from the Community should be granted provided that the survey is carried out in accordance with the relevant provisions of Community law and subject to compliance with certain other conditions.

(6)

A financial contribution from the Community should be granted in so far as the actions provided for are effectively carried out and provided that the authorities furnish all the necessary information within the time limits provided for.

(7)

There is a need to clarify the rate to be used for the conversion of payment applications submitted in national currencies as defined in Article 1(d) of Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (3).

(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)

by 1 October 2005, the laws, regulations and administrative provisions required to implement the survey shall come into force;

(b)

a progress report covering the first three months of the survey shall be forwarded by 31 January 2006;

(c)

a final report shall be forwarded by 31 October 2006 at the latest on the technical execution of the survey, together with supporting evidence for the costs incurred and the results attained during the period 1 October 2005 to 30 September 2006; the evidence as to costs incurred shall comprise at least the information set out in Annex II;

(d)

the survey shall be implemented effectively.

3.9.2005   

EN

Official Journal of the European Union

L 228/19

(1)

On 16 January 2003, the Commission received a dossier, in accordance with the third subparagraph of Article 13(1) and the second indent of Article 14(2) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (1) requesting authorisation to place on the market a product based on a genetically modified oilseed rape (Brassica napus L., GT73 line — MON-00073-7), together with a favourable assessment report from the competent authority of the Kingdom of the Netherlands.

(2)

The Commission has sent the assessment report to all the other Member States and some of them have expressed and maintained objections to the said report concerning the molecular characterisation, allergenic potential, monitoring, labelling and detection of the product. In such a case, the Commission, in accordance with the first subparagraph of Article 18(1) of Directive 2001/18/EC, must take a decision pursuant to the procedure provided for in Article 30(2) of the Directive, to which Articles 5 and 7 of Council Decision 1999/468/EC (2) apply, having regard to the provisions of Article 8 thereof.

(3)

In February 2005, the Japanese Environmental Studies Institute published a report referring to the accidental presence of oilseed rape genetically modified for tolerance to a herbicide around five of the six port facilities where sampling had been carried out.

(4)

It seems necessary to prevent the same situation arising in the European Union, and in particular to prevent any damage to health and the environment in the event of accidental spillage of the oilseed rape MON-00073-7 during transportation, storage, handling in the environment and processing into derived products.

(5)

In this framework the consent holder is best placed to inform operators and users directly about the safety and general characteristics of the product and the monitoring conditions, in particular the appropriate management measures to be taken in the event of accidental grain spillage.

(6)

The Commission therefore considers it preferable for specific technical guidelines to be added to the decision to place the oilseed rape MON-00073-7 on the market to prevent any damage to health and the environment in case of accidental spillage of this product,