(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)

Member States' notifications pursuant to Article 8(2) of Regulation (EC) No 1520/2000 indicate that the total amount of applications received reaches EUR 178 002 906 while the available amount for the tranche of refund certificates as referred to in Article 8(4) of Regulation (EC) No 1520/2000 is EUR 68 116 869.

(2)

A reduction coefficient shall be calculated on the basis of Article 8(3) and (4) of Regulation (EC) No 1520/2000. Such coefficient should therefore be applied to amounts requested in the form of refund certificates for use from 1 April 2005 as established in Article 8(6) of Regulation (EC) No 1520/2000,

(1)

Commission Regulation (EC) No 796/2004 (2) lays down the rules for the application of Regulation (EC) No 1782/2003, inter alia, concerning the conditions for the verification of the tetrahydrocannabinol content in hemp growth.

(2)

In accordance with Article 33(2) of Regulation (EC) No 796/2004, the Member States have notified the results of the tests to determine the tetrahydrocannabinol levels in the hemp varieties sown in 2004. Those results should be taken into account when drawing up the list of hemp varieties in respect of area-related aid schemes in the coming marketing years and the list of varieties temporarily accepted for 2005/06. Certain of these varieties should be submitted to the procedure B provided for in Annex I to Regulation (EC) No 796/2004.

(3)

Regulation (EC) No 796/2004 should be amended accordingly.

(4)

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

(1)

Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.

(3)

Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.

(5)

The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.

(6)

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

(1)

Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.

(3)

The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.

(4)

In special cases, the amount of the refund may be fixed by other legal instruments.

(5)

The refund must be fixed every two weeks. It may be altered in the intervening period.

(6)

The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(7)

The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.

(8)

To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.

(9)

In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.

(10)

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

(1)

Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

(3)

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

(1)

Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under 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).

(3)

As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

(6)

It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

(7)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(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)

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), and in particular Article 13(3) thereof,

(3)

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

(4)

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

(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or 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 be fixed.

(3)

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

(1)

An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 115/2005 (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 Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(1)

An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 2275/2004 (2).

(2)

Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3), the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. Whereas a contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4)

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

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 2277/2004 (2).

(2)

Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3) the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4)

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

(1)

The Commission has negotiated on behalf of the Community an agreement to extend for one year the existing Agreement and protocols on trade in textile products with the Republic of Belarus, with quantitative limits adjusted to take into account annual growth rates and Belarussian demand for some categories. This agreement should be applied on a provisional basis as of 1 January 2005, pending the completion of procedures required for its conclusion, subject to the reciprocal provisional application by the Republic of Belarus.

(2)

The Agreement should be signed,

(1)

Under Article 8(4) of Joint Action 2002/210/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting up of a Committee of Contributors for the European Union Police Mission (EUPM) in Bosnia and Herzegovina.

(2)

The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and modalities for third States’ contributions to Police Missions. The Council approved ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’ on 10 December 2002 (2), which further developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors.

(3)

The Committee of Contributors will play a key role in the day-to-day management of the mission; the Committee will be the main forum for discussing all problems relating to the day-to-day management of the mission; the Political and Security Committee, which exercises the political control and strategic direction of the mission, will take account of the views expressed by the Committee of Contributors,

(1)

Under Article 9(7) of Joint Action 2004/789/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting up of a Committee of Contributors for the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (FYROM).

(2)

The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and modalities for third States' contributions to police missions. The Council approved ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’ on 10 December 2002 (2) which further developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors.

(3)

The Committee of Contributors will play a key role in the day-to-day management of the mission; the Committee will be the main forum for discussing all problems relating to the day-to-day management of the mission; the Political and Security Committee, which exercises the political control and strategic direction of the mission, will take account of the views expressed by the Committee of Contributors,

(1)

By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.

(2)

Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.

(3)

Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.

(4)

The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.

(5)

The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.

(6)

That approach is in line with the position taken by the Commission in the State aid Case C 42/03 (2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.

(7)

It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,

(1)

Article 9(1) of Joint Action 2005/190/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

(2)

The Secretary-General/High Representative has proposed the appointment of Stephen WHITE,

(1)

Under Directive 96/23/EC inclusion and retention on the lists of third countries, provided for in Community legislation, from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive. That Directive also lays down certain requirements concerning time limits for submission of plans.

(2)

Commission Decision 2004/432/EC (2) lists the third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.

(3)

Certain third countries have presented residue monitoring plans to the Commission for animals and products not listed in Decision 2004/432/EC. The evaluation of those plans and the additional information requested by the Commission provide sufficient guarantees on the residue monitoring in those countries for the animals and products concerned. Those animals and products should therefore be included in the list for those third countries.

(4)

Decision 2004/432/EC should therefore be amended accordingly.

(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,

(1)

Part 1 of Annex II to Council Decision 79/542/EEC of 21 December 1979 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (3) sets out a list of third countries and parts of third countries from which Member States are authorised to import certain live animals and their fresh meat.

(2)

Following an outbreak of foot-and-mouth disease (‘FMD’) that occurred in September 2003 in Argentina in the province of Salta, in the north of the country close to the border with Paraguay, Commission Decision 93/402/EEC of 10 June 1993 concerning animal health conditions and veterinary certification for imports of fresh meat from South American countries (4) was amended by Decisions 2003/658/EC (5) and 2003/758/EC (6), in order to suspend importation of deboned and matured bovine meat from the Argentinean provinces of Salta, Jujuy, Chaco and Formosa. Decision 93/402/EEC has been repealed by Decision 2004/212/EC (7) and its provisions have been incorporated in Decision 79/542/EEC.

(3)

The outbreak has been closed for more than 12 months and no new outbreaks have been detected in the territory of Argentina. In the meantime, inspection missions carried out in 2004 have shown that the situation in Argentina has improved in regard to both animal and public health.

(4)

The Commission requested Argentina to provide for a buffer zone along its borders with Bolivia and Paraguay in order to avoid the risk of introduction of FMD. Argentina proposed a zone with a width of 25 kilometres along its border with those countries (‘the buffer zone’). Detailed maps and information, in particular concerning control measures in place in the buffer zone, have now been provided to the Commission. Importation into the Community from the buffer zone of fresh meat from species susceptible to FMD should be prohibited.

(5)

It is therefore appropriate to resume importation of deboned and matured bovine fresh meat from the provinces of Salta, Jujuy, Chaco and Formosa with the exception of the buffer zone.

(6)

Decision 79/542/EEC has been amended by Decision 2004/212/EC inter alia in order to exclude meat products from its scope. It is therefore appropriate to delete in Article 1 the erroneous reference to meat products.

(7)

Article 1 and Part 1 of Annex II to Decision 79/542/EEC should be amended accordingly.

(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,