23.12.2003 Official Journal of the European Union L 336/107 COMMISSION DECISION of 17 December 2003 amending Decision 2001/574/EC establishing a common fiscal marker for gas oils and kerosene (notified under document number C(2003) 4607) (2003/900/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (!), and in par- ticular Article 2(2) thereof, Whereas: (1) By Commission Decision 2001/574/EC (3, the product identified by the scientific name N-Ethyl-N-[2-(1-isobu- toxyethoxy)ethyl]-4-(phenylazo)aniline (Solvent Yellow 124) was established as the common fiscal marker for gas oils and kerosene, and a marking level of at least 6 mg of marker per litre of mineral oil was fixed. However, a maximum marking level of 9 mg of marker per litre of mineral oil should be established in order to counter a number of fraudulent uses of mineral oils. (2)  Decision 2001/574/EC should therefore be amended accordingly. (3)  The measure provided for in this Decision is in accord- ance with the opinion of the Committee on Excise Duties, HAS ADOPTED THIS DECISION: Atrticle 1 The second paragraph of Article 1 of Decision 2001/574/EC is replaced by the following: ‘Member States shall fix a marking level of at least 6 mg and not more than 9 mg of marker per litre of mineral oil” Article 2 This Decision is addressed to the Member States. Done at Brussels, 17 December 2003. For the Commission Frederik BOLKESTEIN Member of the Commission () OJ L 291, 6.12.1995, p. 46. () O] L 203, 28.7.2001, p. 20. Decision as amended by Decision 2002/269/EC (O] L 93, 10.4.2002, p. 6).