it shall not exceed the maximum radioactivity levels permitted under Community regulations, the level of radioactive contamination of the product being monitored only if the situation so requires and solely for the period necessary and the duration and scope of any controls necessary being determined in accordance with the procedure laid down in Article 43 of Regulation (EC) No 1254/1999;

That Decision also provides for a possibility to derogate from the requirement for Member States to establish a breeding programme on the basis of their national scrapie control programme submitted and approved in accordance with Regulation (EC) No 999/2001, where it provides for the continuous active monitoring of dead-on-farm ovine and caprine animals in all flocks in that Member State.

(3) In accordance with Part I of Chapter A of Annex VIII and Chapter E of Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies fn, as last amended by Commission Regulation (EC) No 1234/2003 fn, certain restrictions on trade in and imports of ovine and caprine animals have been removed under the condition that these animals are of the ARR/ARR prion protein genotype.

Without prejudice to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), the master of a fishing vessel referred to in Article 1 must draw up and deliver to the competent authorities of the Member State where he wishes to use landing facilities a statement specifying, for all the products which he intends to land:

Where goods intended for export to another Member State are dispatched under Community transit procedure to a Swiss or Austrian office of destination from which they will be dispatched to that other Member State, the control copy, by way of derogation from Article 12 (3) of Regulation (EEC) No 223/77, shall accompany the goods to the competent customs office of the Member State of destination.

In order to ensure that the goods passing through the customs office of exit from the Community's customs territory or the office to which the T5 control copy is sent, where this is not the customs office of exit, are the same goods that passed through the customs office of export, the means of transport or packaging shall be sealed in accordance with Article 357 of Regulation (EEC) No 2454/93.

(5) Taking into account the fact that it is possible, although difficult, to differentiate between fishmeal and other processed animal proteins potentially posing a risk of TSEs, and also that Regulation (EC) No 1774/2002 introduced new provisions on the controls of all processed animal proteins, the conditions on the use of fishmeal as currently set out in Decision 2001/9/EC, should be simplified.

Whereas, as a result of delays in implementing the pilot projects, provided for in Article 3 (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), on continuous position monitoring of Community fishing vessels, whether land or satellite-based, some Member States have requested that the period in question be extended;

Financing decisions and any financing agreements and contracts resulting therefrom shall provide, inter alia, for supervision and financial control by the Commission (including the European Anti-fraud Office (OLAF)), including on-the-spot checks and inspection in conformity with Regulation (Euratom, EC) No 2185/96 (), and audits by the Court of Auditors, where appropriate, to be carried out on the spot.

Laser optical drive unit assembly (so called `mecha units` ) for the recording and/or reproduction of digital video and/or audio signals, comprising at least a laser optical reading and/or writing unit and a DC motor, whether or not with a printed circuit board for controlling the drive mechanism, for use in the manufacture of products falling within headings No 8519, 8520, 8521, 8526, 8527, 8528 or 8543 (a)

This Regulation shall not apply to any concentration which was the subject of an agreement or announcement or where control was acquired within the meaning of Article 4 (1) of Regulation (EEC) No 4064/89, before 1 March 1998 and it shall not in any circumstances apply to any concentration in respect of which proceedings were initiated before 1 March 1998 by a Member State's authority with responsibility for competition.

An official who, at his place of employment, is staying at a hotel because the accommodation provided for in Article 5 cannot yet be allocated to him or is no longer available to him or who, for reasons beyond his control, has not been able to take possession of his accommodation, shall be reimbursed the hotel expenses of himself and his family on production of the hotel bills, after prior authorisation by the Director.

Video tape recording/reproducing assembly comprising at least a motor and a printed circuit board containing integrated circuits with driver or control functions, mounted on a printed circuit board containing at least integrated circuits for controlling the tape deck mechanism functions, video recording functions and TV-signal processing functions, for use in the manufacture of products falling within heading No 8528 (a)

Whereas, in order to allow the new Member States to benefit from Community part-financing of certain measures regarding the monitoring of agricultural expenditure, it is appropriate to adapt certain provisions of Council Regulations (EEC) No 4045/89 of 21 December 1989 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund(1), (EEC) No 307/91 of 4 February 1991 on reinforcing the monitoring of certain expenditure chargeable to the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (2), (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes (3) and (EC) No 165/94 of 24 January 1994 concerning the co-financing by the Community of remote-sensing checks (4);

"The product of animal origin does not contain, and is not derived from, specified risk material as defined in Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies or mechanically recovered meat obtained from bones of the head or vertebral column of bovine animals.

"1. Where the product is placed, in the Member State of export, under one of the simplified Community transit procedures for carriage of goods by rail or large containers provided for in Articles 412 to 442a of Regulation (EEC) No 2454/93 to a station of destination or for delivery to a consignee outside the customs territory of the Community, payment of the refund shall not be conditional on production of the T5 control copy.";

An official who, at his place of employment, is staying at a hotel because the accommodation provided for in Article 5 cannot yet be allocated to him or is no longer available to him or who, for reasons beyond his control, has not been able to take possession of his accommodation shall be reimbursed the hotel expenses of himself and his family on production of the hotel bills, after prior authorization by the appointing authority.

detailed rules for the application of Article 2a including any derogation from the relevant regulations and Regulation (EEC) No 3508/92 (**), which are necessary to achieve the aim of simplification, notably those related to eligibility conditions, dates of application and payment and control provisions as well as detailed rules in order to avoid double claims in respect of the area and production covered by the simplified scheme,

Where the institution or organization to which an article is lent, hired out or transferred is situated in a Member State other than that in which the institution or organization that lent, hired out or transferred the articles is situated, upon the dispatch of such articles to that Member State the competent customs office of the Member State of dispatch shall issue a Control Copy T No 5 in accordance with the rules laid down in Regulation (EEC) No 223/77 in order to ensure that such articles are put to a use entitling them to continue to qualify for admission free of import duties.

whereas in the case of supply to the port of shipment, the period initially laid down for the supply may in certain cases be extended for reasons outside the control of the Community operator supplying the products, thereby leading to the 60-day limit between acceptance of the export declaration and departure from the Community customs territory as provided for in Article 4 of Commission Regulation (EEC) No 3665/87 fn being exceeded;

Farmers should be entitled to amend their area aid applications until the latest date for sowing in accordance with Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EC) No 1038/2001 (2), provided that all the particular requirements under the relevant sectoral rules are respected and that the competent authority has not yet informed the farmer of errors contained in the aid application, nor notified an on-the-spot control which reveals errors, in relation to the part affected by the amendment.

whereas, in order to provide the aforementioned products with the guarantees laid down in the agreement with regard to control and protection, they should be added to the list of products covered by the agreements concluded by the European Union given in the Annex to Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (2);

(3) With a view to securing efficient cooperation between Member States and the Commission regarding the presentation to the Commission of the results of the controls in the bovine sector in the framework of the annual reports foreseen in Article 5(1) of Regulation (EC) No 1082/2003, it is important to improve the existing model for the transmission of these reports in order to enhance the informative capability and comparability of these reports.

whereas, in accordance with Article 23 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4), the Council is to adopt rules by which the Commission may operate deductions from the quotas when overfishing has taken place, taking into account the degree of the overfi-shing, any cases of overfishing in the previous year and the biological status of the resources concerned,

Whereas, pursuant to Article 2 of Council Regulation (EEC) No 1496/89 of 29 May 1989 laying down general rules for granting aid for hemp seed (2), Member States must introduce control arrangements whereby it is possible to verify whether the area under hemp seed in respect of which an application for aid is submitted tallies with that sown and harvested and whether the requirements laid down as regards the content of intoxicating substances are met;

Where the proposed uses include recommendations for the control of or protection against organisms which are not considered to be harmful on the basis of experience acquired or scientific evidence under normal agricultural, plant health and environmental (including climatic) conditions in the areas of proposed use or where the other intended effects are not considered to be beneficial under those conditions, no authorization shall be granted for those

Furthermore, the disease situation as regards the mollusc diseases referred to in Annex D to Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs(3), as last amended by Regulation (EC) No 806/2003, and in list II, column 1, of Annex A to Directive 91/67/EEC, at the place of production and where appropriate at the place of destination should be taken into account.

The paying agency within the meaning of Article 4(2) of Regulation (EC) No 1258/1999 which is responsible for the payment of the premium shall scrutinize the aid applications on the basis of the payment files and other available information, paying particular attention to the documents relating to the export and the comments of the competent control authorities and shall check whether the animal passports have been surrendered in accordance with paragraph 2.

(3) Regulation (EC) No 1774/2002 provides that pending the adoption of those lists and model certificates, Member States may maintain for products which were not yet harmonised at Community level the controls provided for in Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries fn, and the certificates provided for under existing national rules.

Where it has not been possible to comply with the 12-month time limit for the proof of exportation for the payment of refund in accordance with Article 47 (2) of Regulation (EEC) No 3665/87 because of administrative delays in the forwarding of the control copy T 5 by the agency holding the security to the authority competent for the payment of the refund, the date of receipt by the security agency shall also be deemed to be the date of receipt by the refund authority.

(2) In order to enable the Member States and the Community to comply with their international commitments, Annex I to Regulation (EC) No 1334/2000 establishes the common list of dual-use items and technology referred to in Article 3 of that Regulation, which implements internationally agreed dual-use controls, including the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Australia Group and the Chemical Weapons Convention.

The application of Commission Regulation (EC) No 2051/97 of 20 October 1997 establishing detailed rules for the implementation of the provisions relating to the allocation of a plant-health control financial contribution from the Community (3) has shown that more detailed rules are necessary, and in particular the requirements concerning the information which Member States must submit to justify a claim for a Community financial contribution should be made more precise.

In order to enable the Member States and the Community to comply with their international commitments, Annex I to Regulation (EC) No 1334/2000 establishes the common list of dual-use items and technology referred to in Article 3 of that Regulation which implements internationally agreed dual-use controls including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), the Australia Group and the Chemical Weapons Convention (CWC).

The Standing Committee on Veterinary Medicinal Products referred to in Article 8 of Regulation (EEC) No 2377/90 did not deliver a favourable opinion on the measures proposed by the Commission to place norges-tomet in Annex I of Regulation (EEC) No 2377/90 and the 2404th meeting of the Agricultural Council confirmed this opinion with a simple majority against the adoption of these measures (COM(2001) 627 final) on 21 January 2002. The Council was in favour of providing for harmonised control limits for the progestagen hormones used in veterinary medicinal products with suitably validated analytical methods that could be applied for routine monitoring.

The determination of moisture and crude protein content provided for in Article 3 shall be carried out by taking a sample for every 100 tonnes (maximum) of each lot of dried fodder leaving the processing undertaking or mixed on its premises with raw materials other than those referred to in Article 1 of Regulation (EC) No 603/95 in accordance with the method laid down in the Community provisions establishing Community methods of analysis for the official control of feedingstuffs (1).

(2) To ensure that customs offices of exit or the offices to which the T5 control copy is sent follow a uniform practice, and to avoid doubts as to the identity of the goods, which is a precondition for the granting of refunds, there should be provision for a specific substitution check in cases where these customs offices have found that the seals affixed on departure have been removed other than under customs supervision or have been broken or that no dispensation from sealing has been granted.

have undergone a post-mortem inspection carried out under the responsibility and direct control of an official veterinarian in accordance with Chapter VII of Annex I to Directive 64/433/EEC, and have shown no change except for traumatic lesions incurred shortly before slaughter, or localized malformations or changes, provided that it is established, if necessary by appropriate laboratory tests, that these do not render the carcase and offal unfit for human consumption or dangerous to human health;

A precise amount has never been fixed for the means of subsistence of which non-Community nationals wishing to stay in Italy must provide proof to the border control authorities, despite the fact that these means of subsistence are given a general mention in Article 3(5) of Law No 39 of 28 February 1990 on the `Urgent standards for matters of political asylum, entry and stay for non-Community nationals and for matters governing the stay of non-Community nationals and stateless persons already on national territory` .

On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/638/EC of 31 July 2002 conferring management of aid on implementing agencies for pre- accession measures in agriculture and rural development in Romania in the pre-accession period ( fn ) with regard to certain measures provided for in Sapard.

A precise amount has never been fixed for the means of subsistence of which non-Community nationals wishing to stay in Italy must provide proof to the border control authorities, despite the fact that these means of subsistence are given a general mention in Article 3(5) of Law No 39 of 28 February 1990 on the ‘Urgent standards for matters of political asylum, entry and stay for non-Community nationals and for matters governing the stay of non-Community nationals and stateless persons already on national territory’.

Traceability requirements for food and feed produced from GMOs should be established to facilitate accurate labelling of such products, in accordance with the requirements of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed fn, so as to ensure that accurate information is available to operators and consumers to enable them to exercise their freedom of choice in an effective manner as well as to enable control and verification of labelling claims.

The transmissible spongiform encephalopathy-related Community rules on prohibitions concerning animal feeding, in force immediately prior to the implementation of Regulation (EC) No 999/2001, are laid down in Council Decision 2000/766/EC (3), concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein and Commission Decision 2001/9/EC (4), as amended by Decision 2001/165/EC (5), concerning control measures required for the implementation of Decision 2000/766/ EC.

(4) Cross-contamination by feed containing animal proteins and intended for non-ruminants is considered to be the main remaining source of BSE infection since the introduction of the ruminant feed ban in 1994. Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies fn prohibits the feeding of animal protein to farmed animals, with the exception of certain animal proteins, the "extended feed ban".

Member States shall prescribe that the listed plant material determined as probably contaminated under Article 5(l)(a) (iii) and (c)(iii) including listed plant material for which a risk has been identified, produced on places of production determined as probably contaminated under Article 5(l)(a)(iii) may not be planted and shall, under the control of their responsible official bodies, be put to appropriate use or disposal as specified in point 2 of Annex VI, such that it is established that there is no identifiable risk of the organism spreading.

With regard to the ban on the feeding of catering waste referred to in Article 22, where appropriate control systems are in place in Member States prior to the application of this Regulation, transitional measures shall be adopted, in accordance with paragraph 1, to permit the continued use in feed of certain types of catering waste under strictly controlled circumstances for a period of not more than four years as from 1 November 2002. These measures shall ensure that there is no undue risk to animal or public health during the transitional period.

Where the institution or organization to which an article is lent, hired out or transferred is situated in a Member State other than that in which the institution or organization that lent, hired out or transferred the article is situated, upon the dispatch of such article the competent customs office of the Member State of dispatch shall issue a Control Copy T 5 in accordance with the rules laid down in Regulation (EEC) No 2823/87 in order to ensure that such article is put to a use entitling it to continue to qualify for admission free of import duties.

Where, after acceptance of the export declaration as referred to in the first indent of Article 24(l)(b), a product is placed under one of the simplified arrangements provided for in Part II, Title II, Chapter 7, Section 3, of Regulation (EC) No 2454/93 or in Title X, Chapter I, of Appendix I to the Convention of 20 May 1987 on a common transit procedure for carriage to a station - of - destination or delivery to a consignee outside the Community's customs territory, the T 5 control copy required under paragraph 2(b) shall be sent through official channels to the issuing body.

Where, after acceptance of the export declaration as referred to in the first indent of Article 24(1)(b), a product is placed under one of the simplified arrangements provided for in Part II, Title II, Chapter 7, section 3, of Regulation (EEC) No 2454/93 or in Title X, Chapter I, of Appendix I to the Convention of 20 May 1987 on a common transit procedure for carriage to a station-of-destination or delivery to a consignee outside the Community's customs territory, the T 5 control copy required under according to 2(b) shall be sent through official channels to the issuing body.

However, as regards access to port facilities in the Community by non-contracting party vessels which are sighted engaging in fishing activities in the NAFO regulatory area, it is necessary to enact additional uniform measures at Community level, which supplement the measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(4) and ensure that the operations of such vessels in Community ports do not undermine the effectiveness of the conservation and enforcement measures established by NAFO,

Whereas, in following the principle whereby a balance is ensured between the use of Community basic products with a view to exporting processed products or goods listed in Annexes B and C to Regulation (EEC) No 2682/72 (5), as last amended by Regulation (EEC) No 707/78 (6), to third countries and the use of basic products from such countries admitted under inward processing arrangements pursuant to Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (7), as last amended by Directive 76/119/EEC(8), an amount equal to the export refund should be paid as soon as the Community basic products, from which processed products or goods intended for export are obtained, are placed under customs control;