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COMMISSION REGULATION (EC) No 2072/2004
of 2 December 2004
concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1565/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 7 thereof,
Having regard to 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), and in particular Article 7 thereof,
Having regard to Commission Regulation (EC) No 1565/2004 of 3 September 2004 on a special intervention measure for cereals in Finland and Sweden for the 2004/2005 marketing year (3),
Whereas:
(1)
An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland and 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 not be fixed.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 26 November to 2 December 2004 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1565/2004.
Article 2
This Regulation shall enter into force on 3 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States
Done at Brussels, 2 December 2004. | [
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COMMISSION DECISION
of 5 June 2009
implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting
(notified under document number C(2009) 4199)
(Text with EEA relevance)
(2009/442/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (1), and in particular Article 21(4) thereof,
Whereas:
(1)
Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on the implementation of that Directive.
(2)
In order to ensure a coherent approach to such monitoring and reporting, Member States should establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of Directive 2007/2/EC, grouped by service type, and should communicate that list to the Commission.
(3)
Monitoring should be based on a set of indicators calculated on the basis of the data collected from the appropriate stakeholders at the various levels of public authority.
(4)
The data collected for calculating the monitoring indicators should be provided to the Commission.
(5)
The results of monitoring and reporting should be provided to the Commission and made publicly available.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,
HAS ADOPTED THIS DECISION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Decision lays down detailed rules on monitoring by Member States of the implementation and use of their infrastructures for spatial information and on reporting on the implementation of Directive 2007/2/EC.
Article 2
Common provisions for monitoring and reporting
1. Member States shall establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of that Directive, grouped by service type.
They shall communicate that list to the Commission and update it annually.
2. Member States shall rely on the coordination structure referred to in Article 19(2) of Directive 2007/2/EC to collect data for monitoring and reporting.
3. Contact points of Member States shall provide the results of monitoring referred to in Article 21(1) of Directive 2007/2/EC and the report referred to in Article 21(2) and (3) of that Directive to the Commission.
4. All results of monitoring and reporting shall be made available to the public via the Internet or any other appropriate means of telecommunication.
CHAPTER II
MONITORING OF THE IMPLEMENTATION OF METADATA REQUIREMENTS
Article 3
Monitoring of the existence of metadata
1. The following indicators shall be used to measure the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (MDi1) which measures the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;
(iv)
MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1), whether metadata exist and shall attribute to the spatial data set or service the following values:
(a)
value 1 where metadata exist;
(b)
value 0 where no metadata exist.
3. Member States shall calculate the general indicator MDi1 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data services corresponding to the themes listed in those Annexes (MDi1,4).
Article 4
Monitoring of the conformity of metadata
1. The following indicators shall be used to measure the conformity of metadata for spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive:
(a)
a general indicator (MDi2) which measures the conformity of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iv)
MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1) of this Decision, whether the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC and shall attribute to the data set or service the following values:
(a)
value 1 where the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC;
(b)
value 0 where the corresponding metadata are not in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC.
3. Member States shall calculate the general indicator MDi2 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data services (MDi2,4).
CHAPTER III
MONITORING OF THE IMPLEMENTATION OF THE REQUIREMENTS FOR INTEROPERABILITY OF SPATIAL DATA SETS
Article 5
Monitoring of the geographical coverage of spatial data sets
1. The following indicators shall be used to measure the geographical coverage of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (DSi1) which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
2. Member States shall determine, for the spatial data sets mentioned on the list referred to in Article 2(1):
(a)
the area which is to be covered by a given spatial data set (hereinafter relevant area), expressed in km2;
(b)
the area which is covered by a given spatial data set (hereinafter actual area), expressed in km2.
3. Member States shall calculate the general indicator DSi1 by dividing the sum of the actual areas covered by all spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, by the sum of the relevant areas for all spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,1);
(b)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,2);
(c)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,3).
Article 6
Monitoring of the conformity of spatial data sets
1. The following indicators shall be used to measure the conformity of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(a)
a general indicator (DSi2) which measures the conformity of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine whether each spatial data set mentioned on the list referred to in Article 2(1) of this Decision is in conformity with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and whether its corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive and shall attribute to the data set the following values:
(a)
value 1 in the case of conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
value 0 in the case of non conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC or of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
3. Member States shall calculate the general indicator DSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,3).
CHAPTER IV
MONITORING OF THE IMPLEMENTATION OF NETWORK SERVICES REQUIREMENTS
Article 7
Monitoring of the accessibility of metadata through discovery services
1. The following indicators shall be used to measure the accessibility of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the discovery services referred to in Article 11(1)(a) of that Directive:
(a)
a general indicator (NSi1), which measures the extent to which it is possible to search for spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(b)
the following specific indicators:
(i)
NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(ii)
NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
2. Member States shall determine, for each spatial data set and spatial data service mentioned on the list referred to in Article 2(1), whether a discovery service exists and shall attribute to the data set or service the following values:
(a)
value 1 where a discovery service exists;
(b)
value 0 where no discovery service exists.
3. Member States shall calculate the general indicator NSi1 by dividing the number of spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, by the total number of spatial data sets and spatial data services corresponding to themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi1,1);
(b)
the number of spatial data services corresponding to themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data services corresponding to themes listed in those Annexes (NSi1,2).
Article 8
Monitoring of the accessibility of spatial data sets through view and download services
1. The following indicators shall be used to measure the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the view and download services referred to in points (b) and (c) of Articles 11(1) of that Directive:
(a)
a general indicator (NSi2), which measures the extent to which it is possible to view and download spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view and download services;
(b)
the following specific indicators:
(i)
NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;
(ii)
NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
2. Member States shall determine, for each spatial data set mentioned on the list referred to in Article 2(1), whether a view service or a download service, or both, exist and shall attribute to the data set the following values:
(a)
value 1 where a view service exists and value 0 where such a service does not exist;
(b)
value 1 where a download service exists and value 0 where such a service does not exist;
(c)
value 1 where both a view service and a download service exist and value 0 where at least one of them does not exist.
3. Member States shall calculate the general indicator NSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which both view and download services exist, by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2).
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a view service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a download service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,2).
Article 9
Monitoring of the use of network services
1. The following indicators shall be used to monitor the use of the network services referred to in Article 11(1) of Directive 2007/2/EC:
(a)
a general indicator (NSi3), which measures the use of all network services;
(b)
the following specific indicators:
(i)
NSi3,1, which measures the use of discovery services;
(ii)
NSi3,2, which measures the use of view services;
(iii)
NSi3,3, which measures the use of download services;
(iv)
NSi3,4, which measures the use of transformation services;
(v)
NSi3,5, which measures the use of invoke services.
2. Member States shall determine the annual number of service requests for each network service mentioned on the list referred to in Article 2(1).
3. Member States shall calculate the general indicator NSi3 by dividing the sum of the annual number of service requests for all network services, by the number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the annual number of service requests for all discovery services, divided by the number of discovery services (NSi3,1);
(b)
the annual number of service requests for all view services, divided by the number of view services (NSi3,2);
(c)
the annual number of service requests for all download services, divided by the number of download services (NSi3,3);
(d)
the annual number of service requests for all transformation services, divided by the number of transformation services (NSi3,4);
(e)
the annual number of service requests for all invoke services, divided by the number of invoke services (NSi3,5).
Article 10
Monitoring of the conformity of network services
1. The following indicators shall be used to measure the conformity of the network services referred to in Article 11(1) of Directive 2007/2/EC with the implementing rules referred to in Article 16 of that Directive:
(a)
a general indicator (NSi4), which measures the conformity of all network services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(ii)
NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iii)
NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iv)
NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(v)
NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
2. Member States shall determine, for each network service mentioned on the list referred to in Article 2(1) of this Decision, whether it is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC and shall attribute to the network service the following values:
(a)
value 1 where the network service is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
value 0 where the network service is not in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
3. Member States shall calculate the general indicator NSi4 by dividing the number of network services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, by the total number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of discovery services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of discovery services (NSi4,1);
(b)
the number of view services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of view services (NSi4,2);
(c)
the number of download services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of download services (NSi4,3);
(d)
the number of transformation services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of transformation services (NSi4,4);
(e)
the number of invoke services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of invoke services (NSi4,5).
Article 11
Information to be provided
1. Member States shall provide the Commission with the following information:
(a)
the values of all general and specific indicators, expressed in percentage;
(b)
the numerators and denominators of all general and specific indicators;
(c)
the data collected under Articles 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and 10(2).
2. The results of monitoring referred to in Article 21(1) of Directive 2007/2/EC shall relate to monitoring conducted during a calendar year, and shall be published by 15 May of the following year. Thereafter the results shall be updated at least every year.
The results relating to monitoring conducted in 2009 shall cover the period starting from the date referred to in Article 18 until the end of that year.
CHAPTER V
REPORTING
Article 12
Coordination and quality assurance
1. With respect to coordination, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
the name, contact information, role and responsibilities of the Member State contact point;
(b)
the name, contact information, role and responsibilities, organisation chart of the coordinating structure supporting the contact point of the Member State;
(c)
a description of the relationship with third parties;
(d)
an overview of the working practices and procedures of the coordinating body;
(e)
comments on the monitoring and reporting process.
2. With respect to the organisation of quality assurance, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
a description of quality assurance procedures, including the maintenance of the infrastructure for spatial information;
(b)
an analysis of quality assurance problems related to the development of the infrastructure for spatial information, taking into account the general and specific indicators;
(c)
a description of the measures taken to improve the quality assurance of the infrastructure;
(d)
where a certification mechanism has been established, a description of that mechanism.
Article 13
Contribution to the functioning and coordination of the infrastructure
The summary description referred to in Article 21(2)(b) of Directive 2007/2/EC shall contain the following:
(a)
an overview of the various stakeholders contributing to the implementation of the infrastructure for spatial information according to the following typology: users, data producers, service providers, coordinating bodies;
(b)
a description of the role of the various stakeholders in the development and maintenance of the infrastructure for spatial information, including their role in the coordination of tasks, in the provision of data and metadata, and in the management, development and hosting of services;
(c)
a general description of the main measures taken to facilitate the sharing of spatial data sets and services between public authorities and a description of how sharing has improved as a result;
(d)
a description of how stakeholders cooperate;
(e)
a description of the access to the services through the Inspire geo-portal, as referred to in Article 15(2) of Directive 2007/2/EC.
Article 14
Use of the infrastructure for spatial information
The information on the use of the infrastructure for spatial information referred to in Article 21(2)(c) of Directive 2007/2/EC shall cover the following:
(a)
the use of the spatial data services of the infrastructure for spatial information, taking into account the general and specific indicators;
(b)
the use of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC by public authorities, with particular attention to good examples in the field of environmental policy;
(c)
if available, evidence showing the use of the infrastructure for spatial information by the general public;
(d)
examples of cross-border use and efforts made to improve cross-border consistency of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(e)
how transformation services are used to achieve data interoperability.
Article 15
Data sharing arrangements
The summary description referred to in Article 21(2)(d) of Directive 2007/2/EC shall contain the following:
(a)
an overview of data sharing arrangements that have been, or are being, created between public authorities;
(b)
an overview of data sharing arrangements that have been, or are being, created between public authorities and Community institutions and bodies, including examples of data sharing arrangements for a particular spatial data set;
(c)
a list of barriers to the sharing of spatial data sets and services between public authorities and between public authorities and the Community institutions and bodies, as well as a description of the actions which are taken to overcome those barriers.
Article 16
Cost and benefit aspects
The summary description referred to in Article 21(2)(e) of Directive 2007/2/EC shall contain the following:
(a)
an estimate of the costs resulting from the implementation of Directive 2007/2/EC;
(b)
examples of the benefits observed, including examples of the positive effects on policy preparation, implementation, evaluation, examples of improved services to the citizen as well as examples of cross-border cooperation.
Article 17
Updating reports
The report referred to in Article 21(3) of Directive 2007/2/EC shall cover the three calendar years preceding the year of the report.
CHAPTER VI
FINAL PROVISIONS
Article 18
Application
This Decision shall apply from 5 June 2009.
Article 19
Addressees
This Decision is addressed to Member States.
Done at Brussels, 5 June 2009. | [
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COMMISSION REGULATION (EC) No 695/2007
of 20 June 2007
determining the extent to which applications lodged in June 2007 for import licences for certain pigmeat sector products pursuant to Regulation (EC) No 1233/2006 can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1233/2006 of 16 August 2006 opening and providing for the administration of an import tariff quota of pigmeat allocated to the United States of America (1), and in particular Article 5(5) thereof,
Whereas:
The applications for import licences lodged for the period 1 July to 30 September 2007 are less than the quantities available and can therefore be fulfilled entirely,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 July to 30 September 2007 submitted pursuant to Regulation (EC) No 1233/2006 shall be met as referred to in the Annex to this Regulation.
2. Application for import licences for the period 1 October to 31 December 2007 may be lodged pursuant to Regulation (EC) No 1233/2006 for the total quantity as referred to in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 21 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 2007. | [
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Commission Regulation (EC) No 1290/2001
of 28 June 2001
fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Regulation (EC) No 1667/2000(4), and in particular Article 13(3) thereof,
Whereas:
(1) Article 13(1) of Regulation (EEC) No 1766/92 and Article 13(1) of Regulation (EC) No 3072/95 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.
(2) Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(5), as amended by Regulation (EC) No 2390/2000(6), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EC) No 3072/95 as appropriate.
(3) In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.
(4) The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. Whereas it is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. Whereas the fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(5) Now that a settlement has been reached between the European Community and the United States of America on Community exports of pasta products to the United States and has been approved by Council Decision 87/482/EEC(7), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.
(6) Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000 provides that a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Council Regulation (EEC) No 1722/93(8), as last amended by Commission Regulation (EC) No 87/1999(9), for the basic product in question, used during the assumed period of manufacture of the goods.
(7) Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark stipulates that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.
(8) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed either in Article 1 of Regulation (EEC) No 1766/92 or in Article 1(1) of Regulation (EC) No 3072/95, exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to amended Regulation (EC) No 3072/95 respectively, are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 2189/85
of 31 July 1985
on the granting of re-storage aid for table wine for which a long-term storage contract was concluded during the 1984/85 wine-growing year
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 798/85 (2), and in particular Articles 10 and 65 thereof,
Whereas rules on storage contracts for table wine dealing with their conclusion were laid down by Commission Regulation (EEC) No 1059/83 (3), as last amended by Regulation (EEC) No 1997/84 (4);
Whereas Article 6 of Regulation (EEC) No 337/79 stipulates that producers may benefit from intervention measures only if they have complied for a reference period to be determined with the obligations imposed by Article 39 and, where appropriate, Articles 40 and 41 therein; whereas this reference period must therefore be fixed;
Whereas Commission Regulation (EEC) No 3537/84 (5) authorized the conclusion of long-term private storage contracts for table wine in respect of the 1984/85 wine-growing year;
Whereas the quantities of table wine in stock are large for the time of year; whereas this is due to the fact that stocks during the current wine-growing year are in some regions substantially higher than can be disposed of through the normal market outlets; whereas the forecasts for the coming harvest give little hope of relief of the market;
Whereas the wine under storage contracts is stored in containers which may be required to store the next harvest;
Whereas, in order that producers may store their next vintage under normal conditions aid should be granted for the re-storage of table wine, subject to a limitation as to distance;
Whereas, in order to limit this measure to cases where it appears economically justified, only storage contracts concluded or extended by the intervention agencies during a given period should be considered; whereas, in order to ensure that the measure operates correctly, provisions should also be adopted in respect of the nature of the transport and the date of submission of the application;
Whereas, since there is little time for administrative implementation and since the quantities involved are often small and the transport costs minimal by comparison with total costs, a standard amount of aid should be fixed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. On application and subject to the conditions laid down in Article 2, aid may be granted for the re-storage, in another location or another place of storage belonging to a third party, of table wine covered by a long-term storage contract concluded under Regulation (EEC) No 3537/84 in accordance with the rules laid down in Regulation (EEC) No 1059/83.
2. In accordance with Article 6 (1) of Regulation (EEC) No 337/79 producers who in the course of the 1984/85 wine-growing year were subject to obligations under Articles 39, 40 and 41 of Regulation (EEC) No 337/79 may not receive aid under this Regulation unless they give proof that they complied with their obligations:
- under Articles 39 and 40 between 1 September 1984 and the dates set in Articles 2 (1) and 11 (2) of Commission Regulation (EEC) No 2461/84 (6) and in Articles 2 (1) and 8 (2) of Commission Regulation (EEC) No 2462/84 (7) respectively or where appropriate the dates fixed by the competent authority under Article 11 (2) of Council Regulation (EEC) No 2179/83 (8);
- under Article 41 between 19 January 1985 and the dates set in Article 10 (5) of Commission Regulation (EEC) No 147/85 (1).
Article 2
Aid may be granted only where:
- the distance to the new place of storage is not greater than 150 kilometres; however, where storage capacity is not available within this distance and in the case of transport by sea, the intervention agency may authorize transport to the nearest appropriate place of storage;
- re-storage takes place between 1 August and 31 October 1985 and the transport is carried out, following receipt of the authorization referred to in Article 16 (2) of Regulation (EEC) No 1059/83, in one or more vehicles;
- applications for aid and supporting documents in respect of the aid are submitted not later than 15 December 1985 to the intervention agency of the Member State concerned.
Article 3
The aid for all table wines shall be 1,45 ECU per hectolitre.
Article 4
The intervention agency shall pay the aid to the producer not later than four months after the submission of the application for aid and of the supporting documents referred to in the last indent of Article 2.
Article 5
Conversion into national currencies of the aid referred to in Article 1 shall be carried out at the representative rate applicable for the sector on 1 August 1985.
Article 6
1. Member States shall take all appropriate measures to ensure the necessary controls; they shall, in particular, check that the re-storage of the wine has actually taken place.
2. Member States shall notify the Commission not later than 31 January 1986 of the quantities of wine which have been re-stored.
Article 7
This Regulation shall enter into force on 1 August 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 1985. | [
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Commission Regulation (EC) No 2866/2000
of 27 December 2000
amending Regulation (EC) No 1898/97 laying down rules of application in the pigmeat sector for the arrangements covered by Council Regulations (EC) No 1727/2000 and (EC) No 3066/95 and repealing Regulations (EEC) No 2698/93 and (EC) No 1590/94 and amending Regulation (EC) No 2332/2000 determining the extent to which applications lodged in October 2000 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic, Slovakia, Bulgaria and Romania can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2290/2000 of 9 October 2000, establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Bulgaria(1), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2433/2000 of 17 October 2000, establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Czech Republic(2), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2434/2000 of 17 October 2000, establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Slovak Republic(3), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2435/2000 of 17 October 2000, establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Romania(4), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2851/2000 of 22 December 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Poland and repealing Council Regulation (EC) 3066/95(5), and in particular Article 1(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1898/97(6), as last amended by Regulation (EC) No 2072/2000(7), lays down rules of application in the pigmeat sector for the arrangements in the Europe Agreements. It should be amended in line with the provisions on pigmeat products in Regulations (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000.
(2) Repayment of import duties on products listed in Parts C, D and E of Annex I to Regulation (EC) No 1898/97 as they existed before entry into force of this Regulation and imported under licences used from 1 July 2000 falls within the scope of Articles 878 to 898 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(8), as last amended by Regulation (EC) No 2787/2000(9).
(3) The provisions in this Regulation for Bulgaria, the Czech Republic, the Slovak Republic and Romania should be applied in parallel with Regulations (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000 and (EC) No 2435/2000 from 1 July 2000. The provisions in this Regulation for Poland should be applied in parallel with Regulation (EC) No 2851/2000 from 1 January 2001.
(4) Commission Regulation (EC) No 2332/2000(10) determines the quantities, pursuant to Regulation (EC) No 1898/97, available for the period 1 January to 31 March 2001. It should be amended in line with the new annual quantities given in Annex I to this Regulation.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1898/97 is amended as follows:
1. The title is replaced by the following text:"laying down rules of application, in the pigmeat sector for the arrangements covered by Council Regulations (EC) No 1727/2000, (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000 and repealing Regulations (EEC) No 2698/93 and (EC) No 1590/94."
2. The first paragraph of Article 1 is replaced by the following text:"All imports into the Community under the arrangements laid down in Regulations (EC) No 1727/2000, 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000 of products covered by group Nos 1, 2, 3, 4, H1, 7, 8, 9, T1, T2, T3, S1, S2, B1, 15, 16 and 17 provided for in Annex I to this Regulation shall be subject to presentation of an import licence."
3. Parts B, C, D, E and F of Annex I are replaced by Annex I to this Regulation.
Article 2
Annex II of Regulation (EC) No 2332/2000 is replaced by Annex II to this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 2000. However, for imports from the Republic of Poland, Articles 1 and 2 are applicable from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1383/2005
of 24 August 2005
opening a standing invitation to tender for the export of barley held by the Polish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2)
Commission Regulation (EEC) No 3002/92 (3) lays down common detailed rules for verifying the use and/or destination of products from intervention.
(3)
Given the current market situation, a standing invitation to tender should be opened for the export of 20 000 tonnes of barley held by the Polish intervention agency.
(4)
Special procedures must be laid down to ensure that the operations and their monitoring are properly effected. To that end, securities should be lodged to ensure that the goals of the operations are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93.
(5)
To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.
(6)
With a view to modernising the management of the system, provision should be made for the electronic transmission of the information required by the Commission.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Polish intervention agency shall issue a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided for in this Regulation.
Article 2
The invitation to tender shall cover a maximum of 20 000 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.
Article 3
1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation.
2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply.
3. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender, with no monthly increase.
Article 4
1. Export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/93 until the end of the fourth month thereafter.
2. Tenders submitted in response to this invitation to tender need not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (5).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders pursuant to the first partial invitation to tender shall be 9.00 (Brussels time) on 8 September 2005.
The time limit for submitting tenders under subsequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter, with the exception of 3 November 2005, 29 December 2005, 13 April 2006 and 25 May 2006, there being no invitation to tender in the weeks concerned.
The closing date for the submission of tenders for the last partial tendering procedure shall be 22 June 2006 at 9.00 (Brussels time).
2. Tenders must be lodged with the Polish intervention agency:
Agencja Rynku Rolnego
Biuro Produktów Roślinnych
Dzial Zbóż
Ul. Nowy Świat 6/12
PL-00-400 Warszawa
Tel. (48) 22 661 78 10
Fax (48) 22 661 78 26
Article 6
The intervention agency, the storer and the successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter-analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer.
Reference samples for counter-analysis shall be taken and analysed within seven working days of the date of the successful tenderer's request or within three working days if the samples are taken on removal from storage.
In the event of a dispute, the analysis results shall be forwarded electronically to the Commission.
Article 7
1. The successful tenderer must accept the lot as established if the final result of the sample analyses indicates a quality:
(a)
higher than that specified in the notice of invitation to tender;
(b)
higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender, providing that the differences having regard to those criteria do not exceed the following limits:
-
one kilogram per hectolitre as regards specific weight, which must not, however, be less than 64 kg/hl,
-
one percentage point as regards moisture content,
-
half a percentage point as regards the impurities referred to at B.2 and B.4 of Annex I to Commission Regulation (EC) No 824/2000 (6),
-
half a percentage point as regards the impurities referred to at B.5 of Annex I to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot remaining unchanged, however.
2. If the final result of the analyses carried out on the samples indicates a quality higher than the minimum characteristics laid down for intervention but below the quality described in the notice of invitation to tender and the difference exceeds the limits set out in paragraph 1(b), the successful tenderer may:
(a)
accept the lot as established, or
(b)
refuse to take over the lot concerned.
In the case of (b) above, the successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
3. Where the final result of sample analyses indicates a quality below the minimum characteristics laid down for intervention, the successful tenderer may not remove the lot in question. The successful tenderer shall be discharged of all obligations relating to the lot in question and the securities shall be released provided the Commission and the intervention agency are immediately notified using the form in Annex I.
Article 8
Should the cases mentioned in Article 7(2)(b) and 7(3) arise, the successful tenderer may ask the intervention agency to supply an alternative lot of barley of the requisite quality, at no extra cost. In that case, the security shall not be released. The lot must be replaced within three days of the date of the successful tenderer's request. The successful tenderer shall immediately inform the Commission thereof using the form in Annex I.
If, following successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the request for a replacement, the successful tenderer shall be discharged of all obligations and the securities shall be released, provided the Commission and the intervention agency have been immediately informed using the form in Annex I.
Article 9
1. If the barley is removed before the results of the analyses provided for in Article 6 are known, all risks shall be borne by the successful tenderer from the time the lot is removed, without prejudice to any means of redress the tenderer might have against the storer.
2. The costs of taking the samples and conducting the analyses provided for in Article 6, with the exception of those referred to in Article 7(3), shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) for up to one analysis per 500 tonnes, with the exception of the cost of inter-bin transfers. The costs of inter-bin transfers and any additional analyses requested by a successful tenderer shall be borne by that tenderer.
Article 10
Notwithstanding Article 12 of Commission Regulation (EEC) No 3002/92, the documents relating to the sale of barley under this Regulation, and in particular the export licence, the removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, the export declaration and, where applicable, the T5 copy shall carry one of the entries set out in Annex II.
Article 11
1. The security lodged under Article 13(4) of Regulation (EEC) No 2131/93 shall be released once the export licences have been issued to the successful tenderers.
2. Notwithstanding Article 17(1) of Regulation (EEC) No 2131/93, the obligation to export shall be covered by a security equal to the difference between the intervention price applying on the day of the award and the price awarded, but not less than EUR 25 per tonne. Half of the security shall be lodged when the licence is issued and the balance shall be lodged before the cereals are removed.
Article 12
Within two hours of the expiry of the time limit for the submission of tenders, the Polish intervention agency shall electronically notify the Commission of tenders received. This notification shall be made by e-mail, using the form in Annex III.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 August 2005. | [
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*****
COMMISSION REGULATION (EEC) No 3851/88
of 12 December 1988
amending Regulation (EEC) No 606/86 laying down detailed rules for applying the supplementary trade mechanism (STM) to milk products imported into Spain from Community of Ten
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 83 (1) and 84 (3) thereof,
Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary trade mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7 (1) thereof,
Whereas the supplementary trade mechanism in respect of milk and milk products was implemented by Commission Regulation (EEC) No 606/86 (3), as last amended by Regulation (EEC) No 4024/87 (4); whereas provision should be made, on the basis of the forward estimate for milk products for 1989 referred to in Article 83 (1) of the Act of Accession, for the fixing of the indicative ceilings for imports into Spain from the Community of Ten; whereas the 'guide' quantities for 1989 must be broken down or allocated;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 606/86 is hereby amended as follows:
1. In Article 1 (1), '1988' is replaced by '1989';
2. Paragraphs 1 and 2 of Article 2 are replaced by the following:
'Article 2
1. For the period 1 January to 31 December 1989 the ''guide" quantities referred to in Article 84 of the Act of Accession shall be broken down as follows:
(a) as regards milk and milk cream falling within CN codes 0401, 0403 10 11, 0403 10 13, 0403 10 19, 0403 90 51, 0403 90 53, 0403 90 59, 0404 10 91, 0404 90 11, 0404 90 13, 0404 90 19, 0404 90 31, 0404 90 33 and 0404 90 39 other than in immediate packings of a net capacity of two litres or less:
- January 1989: 34 500 tonnes,
- February 1989: 34 500 tonnes,
- March 1989: 23 000 tonnes,
- April 1989: 13 800 tonnes,
- May 1989: 9 200 tonnes,
- June 1989: 5 750 tonnes,
- July 1989: 5 750 tonnes,
- August 1989: 5 750 tonnes,
- September 1989: 9 200 tonnes,
- October 1989: 17 250 tonnes,
- November 1989: 34 500 tonnes,
- December 1989: 34 500 tonnes;
(b) as regards the other products, at the rate of one-twelfth per month.
2. In addition, as regards cheese falling within CN code ex 0406, the ''guide" quantity referred to in Article 84 of the Act of Acession shall be broken down by category.
For the period 1 January to 31 December 1989, the breakdown by category shall be as follows:
(tonnes)
1.2 // // // Category // Quantity // // // 1. Emmentaler, gruyère // 2 813 // 2. Blue-veined cheese // 3 984 // 3. Processed cheese // 1 065 // 4. Parmigiano Reggiano, Grana Padano // 169 // 5. Havarti, fat content 60 % // 1 369 // 6. Edammer in balls, Gouda // 6 996 // 7. Soft ripened cow's milk cheese // 1 293 // 8. Cheddar, Chester // 182 // 9. Other // 3 422' // // 31. 12. 1987, p. 53.
3. The Annex is replaced by the following:
'ANNEX
Indicative ceilings
(tonnes)
1.2.3 // // // // CN code // Description // Quantity // // // // 0401 // Milk and cream, not concentrated nor containing added sugar or other sweetening matter // // ex 0403 // Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa // 300 000 // // // // 0402 // Milk and cream, concentrated or containing added sugar or other sweetening matter: // // // - in powder, granules or other solid forms, not containing added sugar or other sweetening matter: // // ex 0402 10 11 ex 0402 10 19 ex 0402 21 // - for human consumption // // // - in powder, granules or other solid forms, containing addes sugar or other sweetening matter // 6 000 // 0402 29 11 // - special milk, for infants, in hermetically sealed containers, of a net content not exceeding 500 g and of a net content not exceeding 500 g and of a fat content by weight exceeding 10 % and not exceeding 27 % // // // // // 0405 // Butter and other fats and oils derived from milk // 2 000 // // // // ex 0406 // Cheese, excluding curd // 22 000' // // //
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 170/84
of 24 January 1984
amending Regulation (EEC) No 3657/83 derogating for the first quarter of 1984 from Regulation (EEC) No 2377/80 in respect of the issue of import licences under special arrangements in the beef and veal sector
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 15 (2) thereof,
Whereas certain special import arrangements for products in the beef and veal sector, referred to in Articles 9 to 11 of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system for import and export licences in the beef and veal sector (2), as last amended by Regulation (EEC) No 3578/82 (3), have not yet been decided for 1984;
Whereas it has therefore proved necessary to derogate, via Regulation (EEC) No 3657/83 (4), from the dates specified in Regulation (EEC) No 2377/80 for lodging applications for import licences, certain communications and the issue of the said licences; whereas those dates should again be deferred;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 of Regulation (EEC) No 3657/83 is hereby amended as follows:
1. In point (a), '10 February 1984' is replaced by '9 March 1984';
2. In point (b), '17 February 1984' is replaced by '16 March 1984';
3. In point (c), '29 February 1984' is replaced by '30 March 1984'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 1984. | [
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COMMISSION REGULATION (EC) No 538/2006
of 31 March 2006
fixing the minimum selling prices for butter for the 6th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter from intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.
(2)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 6th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the minimum selling prices for butter from intervention stocks and the amount of the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2006. | [
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*****
COUNCIL REGULATION (EEC) No 2202/90
of 24 July 1990
amending Regulation (EEC) No 1206/90 laying down general rules for the system of production aid for processed fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 2201/90 (2), and in particular Articles 5 (4) and 8 (6) thereof,
Having regard to the proposal from the Commission,
Whereas Article 3 (2) of Regulation (EEC) No 426/86 provides that in the case of dried grapes the producers are to undertake to withhold from delivery to the processing industry a given percentage of the quantities covered by contracts; whereas that percentage must ensure that the quality of products delivered by producers is adequate; whereas, in the case of dried grapes, the aid is to be paid on condition that a percentage to be determined of the quantities is not processed by processors; whereas those percentages must ensure that the quality of the product intended for consumption is adequate; whereas Regulation (EEC) No 1206/90 (3) should therefore be amended;
Whereas the technical adjustments should be carried out that result, for sultanas and currants, from the abolition of the monthly increments applicable to the minimum price to be paid to producers,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1206/90 is hereby amended as follows:
(a) Article I is replaced by the following:
'Article 1
1. The percentage referred to in Article 3 (2) of Regulation (EEC) No 426/86 shall be 4 % for sultanas and 6 % for currants.
2. The percentages referred to in the third subparagraph of Article 6a (2) of Regulation (EEC) No 426/86 shall be as follows:
(a) for currants: 15 %
(b) for other dried grapes: 8 %.'
(b) Article 3 (1) is replaced by the following:
'1. For the purposes of applying the production aid provided for in Article 5 (1) of Regulation (EEC) No 426/86, this Article shall apply.'
(c) Article 3 (5) is replaced by the following:
'5. The minimum price of the raw material to be adopted for dried figs shall be the minimum price to be paid to the producer at the beginning of the marketing year, increased by the average of the monthly increments provided for in Article 4 (2) of Regulation (EEC) No 426/86.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1990. | [
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Commission Regulation (EC) No 2037/2003
of 19 November 2003
applying a reduction coefficient to refund certificates for goods not covered by Annex I to the Treaty, as provided for by Article 8(5) of Regulation (EC) No 1520/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Regulation (EC) No 2580/2000(2),
Having regard to Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds(3), as last amended by Regulation (EC) No 740/2003(4), and in particular Article 8(5) thereof,
Whereas:
(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 497785090 while the available amount for the tranche of refund certificates for use from 1 December 2003 as referred to in Article 8(4) of Regulation (EC) No 1520/2000 is EUR 74532833.
(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 December 2003 as established in Article 8(6) of Regulation (EC) No 1520/2000,
HAS ADOPTED THIS REGULATION:
Article 1
The amounts for applications of refund certificates for use from 1 December 2003 are subject to a reduction coefficient of 0,851.
Article 2
This Regulation shall enter into force on 20 November 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 2003. | [
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COMMISSION REGULATION (EC) No 2253/2004
of 23 December 2004
amending Regulation (EEC) No 2237/77 on the form of farm return to be used for the purpose of determining incomes of agricultural holdings
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation No 79/65/EEC of the Council of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), and in particular Article 7(3) thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2237/77 (2) lays down the contents of the farm return to be used.
(2)
The data collected for the purposes of the farm return need to take into account the evolution of the common agricultural policy. Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (3), changes profoundly the way in which subsidies are paid to the farmers in the Community. These changes have to be taken into account in the farm return, in order to be able to monitor correctly the development of agricultural incomes and provide sufficient basis for business analyses of the holdings.
(3)
The farm return has to be adapted due to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
(4)
Regulation (EEC) No 2237/77 should therefore be amended accordingly.
(5)
Taking into account that some of the changes will apply from the year 2004 onwards, it is appropriate to make the amendments of the farm return applicable with effect from the 2004 accounting year.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EEC) No 2237/77 are amended in accordance with, respectively, Annexes I and II to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply with effect from the 2004 accounting year, beginning during the period between 1 January and 1 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2004. | [
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COMMISSION REGULATION (EC) No 163/96 of 30 January 1996 amending Regulations (EEC) No 3478/92 and (EC) No 1066/95 with regard to the fixing of certain time limits in respect of raw tobacco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EC) No 711/95 (2), and in particular Articles 7 and 11 thereof,
Whereas, in the absence of a Council decision on the Commission proposal fixing the maximum guarantee thresholds for 1996, the Member States are unable to comply with the deadlines laid down by Commission Regulation (EEC) No 3478/92 of 1 December 1992 laying down detailed rules for the application of the premium system for raw tobacco (3), as last amended by Commission Regulation (EC) No 2171/95 (4), and by Commission Regulation (EC) No 1066/95 of 12 May 1995 laying down detailed rules for the application of Council Regulation (EC) No 2975/92 as regards the raw tobacco quota system for the 1995, 1996 and 1997 harvests (5), as last amended by Regulation (EC) No 2171/95; whereas those deadlines should be amended for the 1996 harvest;
Whereas the measures in question must be applied as soon as possible;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
Article 3 of Regulation (EEC) No 3478/92 is hereby amended as follows:
1. The second subparagraph of paragraph 1 is replaced by the following:
'For the 1996 harvest, Member States may allow contracts concluded on 31 May at the latest and, in the case of contracts concluded as a result of the allocation of additional quantities pursuant to Article 11 (3) of Commission Regulation (EC) No 1066/95 (*), before 15 July, to benefit from the premium.
(*) OJ No L 108, 13. 5. 1995, p. 5.`2. The second subparagraph of paragraph 2 is replaced by the following:
'For the 1996 harvest, Member States may allow contracts submitted for registration before 8 June, and in the case of contracts concluded as a result of the allocation of additional quantities pursuant to Article 11 (3) of Regulation (EEC) No 3477/92, before 31 July, to benefit from the premium.`
Article 2
Regulation (EC) No 1066/95 is hereby amended as follows:
1. The fourth paragraph of Article 3 is replaced by the following:
'For the 1996 harvest, Member States are authorized to extend the deadline referred to in the second subparagraph until 15 March.`
2. The second subparagraph of Article 11 (3) is replaced by the following:
'For the 1996 harvest, the Member States are authorized to extend the deadline referred to in the first subparagraph until 30 June.`
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 1996. | [
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COUNCIL REGULATION (EC) No 1892/2005
of 14 November 2005
terminating the partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (basic Regulation), and in particular Article 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Measures in force
(1)
On 9 September 1993, the Council, by Regulation (EEC) No 2474/93 (2) imposed a definitive anti-dumping duty of 30,6 % on imports of bicycles originating in the People’s Republic of China (the PRC), (the original measures). On 18 January 1997, following an anti-circumvention investigation, this duty was extended by Council Regulation (EC) No 71/97 to imports of certain bicycle parts originating in the PRC.
(2)
On 14 July 2000, following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 1524/2000 (3), decided that the abovementioned measures should be maintained.
(3)
On 14 July 2005, following an interim review pursuant to Article 11(3) of the basic Regulation (the previous investigation), the Council by Regulation (EC) No 1095/2005, amended the definitive anti-dumping duty on imports of bicycles originating in the PRC. The amended rate of the duty applicable to the net, free-at-Community-frontier price, before duty, is 48,5 % for imports of bicycles originating in the PRC.
2. Current investigation
(4)
The Commission received a request lodged by Giant China Co., Ltd (the applicant) for a partial interim review pursuant to Article 11(3) of the basic Regulation.
(5)
The request was based on the prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of lasting nature. The applicant alleged, inter alia, that the circumstances with regard to market economy status (MES) had changed significantly. In particular, the applicant claimed that it now fulfilled the requirements to be granted MES pursuant to Article 2(7)(b) of the basic Regulation. Furthermore, the applicant provided evidence showing that a comparison of normal value based on its own cost/domestic prices and its export prices to the enlarged European Union, would lead to a dumping margin significantly below the level of the current measure. Accordingly, the applicant alleged that the continued imposition of the measure at its current level was no longer necessary to offset dumping.
(6)
The Commission, after consulting the Advisory Committee, initiated on 19 February 2005 by a notice (4) a partial interim review limited in scope to the examination of whether the applicant operated under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfilled the requirements to have an individual duty in accordance with Article 9(5) of the basic Regulation.
(7)
The Commission sent a questionnaire and a claim form for MES pursuant to Article 2(7) of the basic Regulation to the applicant.
(8)
The investigation covered the period from 1 January 2004 to 31 December 2004 (hereinafter referred to as investigation period or IP).
3. Parties concerned by the investigation
(9)
The Commission officially advised the exporting producer, the representatives of the exporting country and the Community producers of the initiation of the review. Interested parties were given the opportunity to make their views known in writing, to submit information and to provide supporting evidence and to request a hearing within the time-limit set out in the notice of initiation. All interested parties who so requested and showed that there were reasons why they should be heard were granted a hearing.
B. PRODUCT CONCERNED
(10)
The product concerned is the same as that covered by the original and previous investigations, namely bicycles and other cycles (including delivery tricycles), not motorised, currently classifiable within CN codes 8712 00 10, 8712 00 30 and 8712 00 80 (product concerned). No evidence was found suggesting that circumstances with regard to the product concerned had significantly changed since the imposition of the measures.
C. RESULT OF THE INVESTIGATION
1. Market Economy Status (MES)
(11)
In the framework of the investigation which was concluded by Regulation (EC) No 1095/2005, it was established that all the Chinese exporting producers applying for MES did not meet the criteria set in Article 2(7)(c) of the basic Regulation, for the reasons set out in recitals 31 to 33 of the said Regulation. The applicant was amongst the companies denied MES within the framework of that investigation.
(12)
In view of the fact that findings regarding the MES claims of the previous investigation remain valid also for the year 2004, i.e. the IP of the current investigation, it was decided, after consulting the Advisory Committee, not to grant MES to the applicant, since it did not meet the criteria set in Article 2(7)(c) of the basic Regulation.
2. Individual treatment (IT)
(13)
In the framework of the previous investigation it was also concluded that the Chinese exporting producers having applied for IT did not meet the necessary requirements for individual treatment as set out in Article 9(5) of the basic Regulation for the reasons set out in recitals 45 to 47 of Regulation (EC) No 1095/2005.
(14)
The applicant was amongst the companies that did not meet the necessary requirements for individual treatment in the framework of the previous investigation and the findings of that investigation remain valid also for the IP of the current investigation. In this respect, it was established, that all PRC exporting producers were subject to significant State control with regard to determining their export prices and quantities of the product concerned as explained in recital 13. It was, therefore, concluded that the applicant does not meet the requirements for individual treatment in the framework of the current investigation.
3. Conclusion
(15)
Given the above, neither MES nor IT could be granted to the applicant. On this basis, it is considered that, in the case of the applicant, the circumstances with regard to dumping have not changed significantly compared to the situation prevailing during the investigation period used in the investigation which led to the amended measures. Therefore, it is concluded that the partial interim review of the anti-dumping measures applicable to imports into the Community of bicycles originating in the People’s Republic of China should be terminated without amending the measures in force,
HAS ADOPTED THIS REGULATION:
Article 1
1. The partial interim review of the anti-dumping duty on imports of bicycles originating in the People’s Republic of China is hereby terminated.
2. The definitive anti-dumping duty imposed by Regulation (EC) No 1524/2000 shall be maintained.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 2005. | [
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*****
COMMISSION REGULATION (EEC) No 3098/86
of 10 October 1986
amending Regulations (EEC) No 368/77 and (EEC) No 443/77 on the sale of skimmed-milk powder from public stocks for feed for animals other than young calves
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1335/86 (2), and in particular Article 7 (5),
Whereas point 1 of the Annex to Regulation (EEC) No 368/77 (3), as last amended by Regulation (EEC) No 2872/86 (4), specifies the formulae to be used for the denaturing of skimmed-milk powder; whereas, in the light of experience gained with the application of these formulae, it is apparent that two new formulae should be introduced; whereas Regulation (EEC) No 368/77 should therefore be amended accordingly;
Whereas Commission Regulation (EEC) No 443/77 (5), as last amended by Regulation (EEC) No 2872/86, provides for skimmed-milk powder intended for the same uses to be sold at a fixed price in parallel to the sale by tender provided for in Regulation (EEC) No 368/77; whereas the denaturing or incorporation formulae used under Regulation (EEC) No 443/77 are the same; whereas that Regulation should also be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 368/77 is hereby amended as follows:
1. The second indent of Article 16 (3) is replaced by the following:
'- the denaturing or incorporation formulae used (formulae I H to I N and II L to II V)'.
2. The following is added to point 1 of the Annex:
'Formula I M
- 11,5 kilograms of ground oil-seed cake and/or dried and oil-free colza and/or rape-seed flour with a total isothiocyanates (ITC) and vinyl-5-thiooxazolidone (VTO) content of not less than 0,9 % measured after enzymatic treatment of the glucosinolates, and
- 200 g iron in the form of ferrous sulfate mono and/or heptahydrate, and
- 80 g copper in the form of copper sulphate mono and/or pentahydrate, and
- 1 000 g starch.
Formula I N
- 15 kilograms of ground oil-seed cake and/or dried and oil-free colza and/or rape-seed flour with a total isothiocyanates (ITC) and vinyl-5-thiooxazolidone (VTO) content of not less than 0,75 % measured after enzymatic treatment of the glucosinolates, and
- 200 g iron in the form of ferrous sulfate mono and/or heptahydrate, and
- 80 g copper in the form of copper sulphate mono and/or pentahydrate, and
- 1 000 g starch.'
3. In point 3 A of the Annex, 'formulae I J and I K' is replaced by 'formulae I J, I K, I M and I N'.
4. In the second indent of point 3 B of the Annex, 'formula I J and I K' is replaced by 'I J, I K, I M and I N'.
5. In the second indent of point 3 B of the Annex, 'formulae I H to I L' is replaced by 'formulae I H to I N'.
Article 2
In the second indent of Article 8 (2) of Regulation (EEC) No 443/77, 'formulae I H to I L' is hereby replaced by 'formulae I H to I N'.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 October 1986. | [
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COMMISSION REGULATION (EC) No 514/2008
of 9 June 2008
amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as well as Regulations (EC) No 1439/95, (EC) No 245/2001, (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 951/2006, (EC) No 1918/2006, (EC) No 341/2007 (EC) No 1002/2007, (EC) No 1580/2007 and (EC) No 382/2008 and repealing Regulation (EEC) No 1119/79
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Articles 59(3) and 62(1) thereof,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2), and in particular Article 134 and Article 161(3) in conjunction with Article 4 thereof,
Whereas:
(1)
As from 1 July 2008 Regulation (EC) No 1234/2007 will apply to main sectors of the common organisation of agricultural markets, as provided for in Article 204 thereof. Consequently, the Commission should adopt the necessary measures to amend or repeal the sectoral Regulations concerned, in order to ensure proper implementation from that date.
(2)
Article 130 of Regulation (EC) No 1234/2007 provides that without prejudice to cases where import licences are required in accordance with that Regulation, the Commission may make imports of one or more products covered by the common organisation of agricultural markets subject to presentation of an import licence. Regulation (EC) No 1234/2007 requires import licences on the one hand for the management of the import regime for husked and milled rice, to take into account the quantities to be imported, and on the other hand for the management of the import regime for sugar under preferential arrangements.
(3)
As regards exports, Article 167 of Regulation (EC) No 1234/2007 states that export refunds shall only be granted for products listed in Article 162(1) of that Regulation on presentation of an export licence. In accordance with Article 161 of that Regulation, the Commission may make exports of one or more products subject to presentation of an export licence.
(4)
For the purposes of the management of imports and exports, the Commission has been given the power to determine the products for which import and/or export will be subject to presentation of a licence. When assessing the needs of a licence system, the Commission should take account of the appropriate instruments for the management of the markets and in particular for monitoring the imports.
(5)
This situation offers the opportunity to examine in depth the existing rules in the different market sectors and to reconsider current practices for licencing with a view to simplification and to alleviating the administrative burden for Member States and operators. For reasons of clarity, the rules should be included in Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3).
(6)
A licence system is the appropriate mechanism for the management of tariff quotas for imports and exports to be administered by a method other than the method based on the chronological order of the lodging of applications, according to the first come first served principle, given the limited volume in question and the huge number of quantities applied for.
(7)
A licence system is deemed to be the most appropriate mechanism to monitor certain agricultural products imported under preferential conditions, when considering the valuable advantage offered by the reduced rate of duty applicable and the imperative need to forecast market movements.
(8)
Taking account of the wide range of detailed rules and technical provisions implemented in the market sectors to administer exports with the benefit of refunds it is deemed more appropriate to maintain those provisions in the sectoral Regulations, at this stage.
(9)
In the cereals sector, import and export licences have to be considered as an indicator of medium-term movements and of the foreseeable evolution of the market. They represent a key instrument to set up a balance sheet of the market, to be used when assessing the conditions of resale of intervention stocks in the internal market or for exports, or to determine if an export tax has to be applied. In that respect import should be subject to presentation of a licence for spelt, common wheat and meslin, barley, maize, sorghum, durum wheat, flour of common wheat and spelt, and manioc, and export should be subject to presentation of a licence for spelt, common wheat and meslin, barley, maize, durum wheat, rye, oats and flour of common wheat and spelt in the light of their prevailing importance on the trade flows and the domestic market.
(10)
In the rice sector the information on foreseeable imports and exports provided by licences is the basis for the surveillance of the market, in particular because of the important position of rice in domestic consumption. It is also used to monitor the respect of tariff lines for like products. In addition, licences issued are to be taken into account for the calculation of import duties for husked and milled rice pursuant to Articles 137 and 139 of Regulation (EC) No 1234/2007. For these reasons, import licence should be required for husked rice, milled rice, semi-milled rice and for broken rice, and export licence should be required for husked, milled and semi-milled rice.
(11)
For sugar, the monitoring of the market is of high importance and a precise knowledge of exports is necessary. As a consequence, sugar exports should be monitored and be subject to presentation of licences. As regards imports, the licence requirement should be limited to imports benefiting from preferential import duties, without prejudice to imports subject to tariff quotas.
(12)
In order to prevent illicit hemp crops from disturbing the common organisation of the market in hemp for fibre, provision should be made for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. The issue of licences for such import should therefore be provided for.
(13)
For fruit and vegetables, the information gained from import licences should be used to monitor the respect of tariff lines for like products such as dried or frozen garlic or to administer tariff-rate quotas.
(14)
Apple producers in the Community have recently found themselves in a difficult situation, due, amongst others, to a significant increase in imports of apples from certain third countries of the Southern hemisphere. The monitoring of the import of apples should therefore be improved. The appropriate instrument for achieving that objective is a mechanism based on issuing import licences, as provided in Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (4). As regards bananas, import licences are required pursuant to Commission Regulation (EC) No 2014/2005 of 9 December 2005 on licences under the arrangements for importing bananas into the Community in respect of bananas released into free circulation at the common customs tariff rate of duty. (5) In order to give a complete view of the products subject to licences, the relevant requirements should also be included in Regulation (EC) No 376/2008.
(15)
For dairy products, the information on foreseeable imports at reduced duty provided by licences is important for the surveillance of the market. As regards imports at reduced rate of duty of beef, in order to monitor the volume of trade with third countries, provision should be made for a system of licences for certain products.
(16)
Ethyl alcohol of agricultural origin imports should be subject to presentation of licences given the needs for market surveillance in case of a sensitive industry.
(17)
In order to present a clear and complete view of the obligations in respect of licences for trade in agricultural products, the list of imports and exports subject to the requirements concerned should be set out in Commission Regulation (EC) No 376/2008.
(18)
For the application of Article 4(1)(d) of Regulation (EC) No 376/2008, the maximum quantities of products for which import or export or advance fixing certificates need not to be presented should be set out, provided import or export does not take place under preferential arrangements. The list of products concerned should be amended in the light of the amendments made to the licencing obligations.
(19)
Regulation (EC) No 376/2008 and the following Regulations should therefore be amended accordingly:
-
Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector (6),
-
Commission Regulation (EC) No 245/2001 of 5 February 2001 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (7),
-
Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (8),
-
Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down detailed rules for the application of the system of import and export licences for cereals and rice (9),
-
Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (10),
-
Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (11),
-
Regulation (EC) No 2014/2005,
-
Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (12),
-
Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (13),
-
Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (14),
-
Commission Regulation (EC) No 1002/2007 of 29 August 2007 laying down detailed rules for the application of Council Regulation (EC) No 2184/96 concerning imports into the Community of rice originating in and coming from Egypt (15),
-
Regulation (EC) No 1580/2007,
-
Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (Recast) (16).
(20)
Commission Regulation (EEC) No 1119/79 of 6 June 1979 laying down special provisions for the implementation of the system of import licences for seeds (17) should therefore be repealed accordingly.
(21)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 376/2008 is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. Subject to certain exceptions laid down in Community rules specific to certain products, in particular for products referred to in Council Regulation (EC) No 3448/93 (18) and its implementing rules, this Regulation lays down common rules for implementing the system of import and export licences and advance fixing certificates (hereinafter referred to respectively as “licences” and “certificates”) provided for in Part III, Chapters II and III, of Council Regulation (EC) No 1234/2007 (19) and in Council Regulation (EC) No 1493/1999 (20) or established in this Regulation.
2. A licence or a certificate shall be presented for the following products:
(a)
in case of import, when the products are declared for free circulation:
(i)
products listed in Annex II, Part I, imported under all conditions, other than tariff quotas, save as otherwise provided therein;
(ii)
products imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, according to “first come first served” principle, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 (21);
(iii)
products imported under tariff quotas administered by a method based on the chronological order of the lodging of applications in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93, specifically mentioned in Annex II, Part I, to this Regulation;
(b)
in case of export:
(i)
products listed in Annex II, Part II;
(ii)
products referred to in Article 162(1) of Regulation (EC) No 1234/2007 for which an export refund has been fixed, including at an amount of zero or an export tax has been fixed;
(iii)
products exported under quotas or for which an export licence needs to be presented for admission under a quota administered by a third country opened in that country for Community products imported.
3. For products referred to in paragraphs 2(a)(i), 2(a)(iii) and 2(b)(i), the amount of the security and the period of validity as set out in Annex II shall apply.
For products referred to in paragraphs 2(a)(ii), 2(b)(ii) and 2(b)(iii), specific implementing rules related to the period of validity and the amount of the security laid down in Community rules specific to those products shall apply.
4. For the purposes of the system of export licences and advance fixing certificates referred to in paragraph 1, when a refund has been fixed for products not listed in Annex II, Part II and an operator does not apply for the refund that operator shall not be required to present a licence or certificate for the export of the products concerned.
2.
In Article 7, the following paragraph is added:
‘8. Without prejudice to Article 1(3), the period of validity of import and export licences and advance fixing certificates shall be as set out for each product in Annex II.’
3.
In Article 14, paragraph 2 is replaced by the following:
‘2. Without prejudice to Article 1(3), the amount of the security applicable for licences and certificates issued for imports and exports shall be as set out in Annex II. An additional amount may be applicable in case of fixation of an export tax.
No application for a licence or certificate shall be accepted unless an adequate security has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.’
4.
Annex II is replaced by the text in Annex I to this Regulation.
Article 2
Sheep meat and goat meat
Regulation (EC) No 1439/95 is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 (22) for the products listed in Parts XVIII of Annex I to Council Regulation (EC) No 1234/2007 (23).
2. Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 (24) shall apply, save as otherwise provided in this Regulation.
2.
Article 2 is replaced by the following:
‘Article 2
1. The products for which a licence shall be presented are laid down in Article 1(2) of Regulation (EC) No 376/2008.
2. Title II of this Regulation shall apply to imports of any of the products listed in Part XVIII of Annex I to Council Regulation (EC) No 1234/2007 (25) imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 (26).
3.
Articles 4, 5 and 6 are deleted.
Article 3
Hemp and flax
Regulation (EC) No 245/2001 is amended as follows:
In Article 17a(1), the following subparagraph is added:
‘For the products listed in Part I, Sections D, F and L of Annex II to Regulation (EC) No 376/2008 (27), the period of validity of the import licence shall be as set out in those sections.
Article 4
Dairy products
Regulation (EC) No 2535/2001 is amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (28). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation, without prejudice to Article 24(3) and (4) of this Regulation.
Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 (29) shall apply, save as otherwise provided in this Regulation.
2.
In Article 3, paragraphs 1 and 3 are deleted.
3.
In Article 24, the following paragraphs are added:
‘3. No application for a licence or certificate shall be accepted unless a security of 10 euros per 100 kilograms net of product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.
4. Licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day.’
Article 5
Cereals and rice
Regulation (EC) No 1342/2003 is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 (30) for the products listed in Parts I and II of Annex I to Council Regulation (EC) No 1234/2007 (31).
2. Regulation (EC) No 376/2008 and Commission Regulations (EC) No 1301/2006 (32) and (EC) No 1454/2007 (33) shall apply, save as otherwise provided in this Regulation.
2.
Article 6 is replaced by the following:
‘Article 6
1. The period of validity of the import and export licence shall be as follows:
(a)
for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;
(b)
save as otherwise provided, for products imported or exported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications in accordance with articles 308a, 308b and 308c of Commission Regulation (EC) No 2454/93 (34) (first come first served principle): from the actual day of issue of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day;
(c)
for products exported for which a refund has been fixed and for products for which, on the day of submission of the licence application, an export tax has been fixed: from the day of issue of the licence, in accordance with Article 22(1) of Regulation (EC) No 376/2008, until the end of the fourth month following the month of that day.
2. By way of derogation from paragraph 1, the validity of export licences for products referred to in Part II Section A of Annex II to Regulation (EC) No 376/2008, for which no refund has been fixed or for which an advance fixed refund has not been fixed, shall expire the sixtieth day following the day of issue of the licence, in accordance with Article 22(1) of that Regulation.
3. By way of derogation from paragraph 1, the validity of export licences for which a refund has been fixed for products falling within CN codes 1702 30, 1702 40, 1702 90 and 2106 90, shall expire not later than:
(a)
30 June for applications submitted until 31 May of each marketing year;
(b)
30 September for applications submitted from 1 June of a marketing year until 31 August of the following marketing year;
(c)
30 days from the day of issue of the licence for applications submitted from 1 September to 30 September of the same marketing year.
4. By way of derogation from paragraph 1, at the request of the operator, the validity of export licences for which a refund has been fixed for products falling within CN codes 1107 10 19, 1107 10 99 and 1107 20 00 shall expire not later than:
(a)
30 September of the current calendar year, for licences issued from 1 January to 30 April;
(b)
the end of the 11th month following that of issue, for licences issued from 1 July to 31 October;
(c)
30 September of the following calendar year, for licences issued from 1 November to 31 December.
5. Section 22 of the licences issued as provided for in paragraphs 2, 3 and 4 shall contain one of the entries set out in Annex X.
6. Where a special term of validity is laid down for import licences for imports originating in and coming from certain third countries, sections 7 and 8 of the licence applications and of the licences themselves shall state the country or countries of provenance and of origin. Licences shall entail an obligation to import from that country or those countries.
7. By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, rights deriving from licences referred to in paragraphs 1(b) and 4 of this Article shall not be transferable.
3.
Article 7 is deleted.
4.
Article 8 is replaced by the following:
‘Article 8
1. Export licences for products for which a refund or a tax has been fixed shall be issued on the third working day following that on which the application was lodged provided that no specific action as indicated in Article 9 of this Regulation, in Article 15 of Regulation (EC) No 1501/1995 or in Article 5 of Commission Regulation (EC) No 1518/1995 (35) has been in the meantime taken by the Commission and provided that the quantity for which licences have been applied for have been notified in accordance with Article 16(1)(a) of this Regulation.
The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 15 of Regulation (EC) No 376/2008 that are issued for the purpose of a food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations (36). Those export licences shall be issued on the first working day following the day of acceptation of the tender.
2. Export licences for products for which a refund or a tax has not been fixed shall be issued on the day of submission of the application.
5.
Article 9 is replaced by the following:
‘Article 9
1. The Commission may decide the following:
(a)
to set an acceptance percentage for the quantities applied for but for which licences have not yet been issued;
(b)
to reject applications for which export licences have not yet been issued;
(c)
to suspend lodging of licence applications for a maximum of five working days.
The suspension referred to in point (c) of the first subparagraph may be set for a longer period in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
2. Should the quantities applied for be reduced or refused, the security for the licence shall be immediately released for the quantities not granted.
3. Applicants may withdraw their licence applications within three working days of publication in the Official Journal of the European Union of an acceptance percentage as indicated in point (a) of paragraph 1 if it is less than 80 %. Member States shall thereupon release the security.
4. Actions taken on the basis of paragraph 1 shall not apply to exports carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.’
6.
Article 11 is deleted.
7.
Article 12 is replaced by the following:
‘Article 12
The security referred to in Article 14(2) of Regulation (EC) No 376/2008 to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (37) shall be as follows:
(a)
for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;
(b)
save as otherwise provided, for products imported or exported under tariff quotas:
(i)
30 euros per tonne for products imported;
(ii)
3 euros per tonne for the products exported without refund;
(c)
for products exported for which a refund has been fixed or for licences in respect of products for which, on the day of submission of the licence application, an export tax has been fixed:
(i)
20 euros per tonne for the products falling within CN codes 1102 20, 1103 13, and 1104 19 50, 1104 23 10, 1108, 1702, and 2106;
(ii)
10 euros per tonne for the other products.
8.
Annexes I, II, III, XI, XII and XIII are deleted.
9.
Annex X is replaced by the text in Annex II to this Regulation.
Article 6
Ethyl alcohol of agricultural origin
Regulation (EC) No 2336/2003 is amended as follows:
1.
In Article 5, paragraph 1 is replaced by the following:
‘1. The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (38). The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (39) shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.
2.
Articles 6 and 8 are deleted.
Article 7
Olive Oil
Regulation (EC) No 1345/2005 is amended as follows:
1.
In Article 1, paragraph 2 is replaced by the following:
‘2. The imports of products falling within CN codes 0709 90 39, 0711 20 90 and 2306 90 19 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (40). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.
2.
Article 3 is deleted.
Article 8
Bananas
Regulation (EC) No 2014/2005 is amended as follows:
Article 1 is replaced by the following:
‘Article 1
1. The imports of bananas falling within CN code 0803 00 19 at the common customs tariff rate of duty for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (41). Licences shall be issued by the Member States to any party applying therefore, irrespective of their place of establishment in the Community.
2. Import licence applications shall be lodged in any Member State.
3. The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (42) shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.
However, no licences shall be valid after 31 December of the year of issue.
4. Save in the case of force majeure, the security shall be forfeit in whole or in part if the operation has not been performed or has been performed only partially during that period.
5. Notwithstanding Article 34(4) of Regulation (EC) No 376/2008, proof of use of the import licence as referred to in Article 32(1)(a) of that Regulation shall be supplied, except in cases of force majeure, within 30 days following the date of expiry of the period of validity of the licence.
Article 9
Sugar
Regulation (EC) No 951/2006 is amended as follows:
1.
In Article 5, paragraph 1 is replaced by the following:
‘1. The products for which an export licence shall be presented are laid down in Article 1(2)(b) of Commission Regulation (EC) No 376/2008 (43).
The period of validity of the export licence and the amount of the security to be lodged shall be as set out in Annex II, Part II, to that Regulation and shall apply to all cases referred to in Article 1(2)(b) of that Regulation.
2.
In Article 8, paragraphs 1, 2 and 3 are deleted.
3.
Article 10 is replaced by the following:
‘Article 10
The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008.
The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation and shall apply to all cases referred to in Article 1(2)(a) of that Regulation.’
4.
In Article 11, paragraph 2 is replaced by the following:
‘2. When an application for a licence in respect of the products to which the first subparagraph of paragraph 1 applies relates to quantities not exceeding 10 tonnes, the party concerned may not lodge on the same day and with the same competent authority more than one such application and no more than one licence delivered for quantities not exceeding 10 tonnes can be used for export.’
5.
In Article 12, paragraph 1 is deleted.
Article 10
Olive oil from Tunisia
Regulation (EC) No 1918/2006 is amended as follows:
In Article 3, paragraph 4 is replaced by the following:
‘4. The import licence shall be valid 60 days from the actual day of its issue, in accordance with Article 22(2) of Regulation (EC) No 376/2008 (44), and the amount of the security shall be EUR 15 per 100 kg net.
Article 11
Garlic
Regulation (EC) No 341/2007 is amended as follows:
1.
In Article 5, paragraph 1 is replaced by the following:
‘1. The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (45). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.
2.
In Article 6, paragraph 2 is deleted.
3.
Article 13 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. Article 6(3) and (4) shall apply mutatis mutandis to “B” licences.’
(b)
paragraph 4 is deleted.
4.
Annex II is deleted.
Article 12
Rice
Regulation (EC) No 1002/2007 is amended as follows:
In Article 3, the second subparagraph of paragraph 2 is replaced by the following:
‘However, the security for products falling within CN codes 1006 20 and 1006 30 may not be less than the one provided for in Article 12(b)(i) of Regulation (EC) No 1342/2003.’
Article 13
Apples
Article 134 of Regulation (EC) No 1580/2007 is amended as follows:
1.
Paragraph 1 is replaced by the following:
‘1. The imports of apples falling within CN codes 0808 10 80 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (46)
2.
Paragraph 4 is replaced by the following:
‘4. Importers shall lodge with their application a security in accordance with Title III of Regulation (EEC) No 2220/85 guaranteeing compliance with the commitment to import during the term of validity of the import licence.
Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the import licence.
The period of validity of the import licence and the amount of the security shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.’
3.
Paragraph 6 is replaced by the following:
‘6. Import licences shall be valid only for imports originating in the country indicated.’
Article 14
Beef
Regulation (EC) No 382/2008 is amended as follows:
1.
In Article 2, paragraph 1 is replaced by the following:
‘1. The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (47). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.
2.
Articles 3 and 4 are deleted.
3.
In Article 5, paragraph 3 is replaced by the following:
‘3. In the case of imports under an import tariff quota the following provisions shall apply:
(a)
no application for a licence or certificate shall be accepted unless a security of 5 euros per head of live animals and 12 euros per 100 kilograms net weight for other product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged;
(b)
licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day;
(c)
the body issuing the import licence shall indicate the order number for the quota in the Integrated Tariff of the European Communities (TARIC) in box 20 of the licence or extracts thereof.’
Article 15
Transitional provision
1. This Regulation does not affect the period of validity and the amount of the security of the licence applicable in the framework of tariff quota periods which have not expired on the date of application of this Regulation as provided in Article 17.
2. At the request of the interested parties, the securities lodged for the issuing of import and export licenses and advance-fixing certificates, shall be released, when the following conditions are met:
(a)
the validity of the licenses or certificates has not expired on the date referred to in paragraph 1;
(b)
the licenses or certificates are no longer required for the products concerned from the date referred to in paragraph 1;
(c)
the licenses or certificates have been used only partially or not at all on the date referred to in paragraph 1.
Article 16
Final provision
Regulation (EEC) No 1119/79 is repealed.
Article 17
Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
However, it shall apply:
(a)
as regards the cereals, flax and hemp, olive oil, fruits and vegetables fresh or processed, seeds, beef and veal, sheepmeat and goatmeat, pig meat, milk and milk products, eggs, poultry meat, ethyl alcohol of agricultural origin and other product sectors, other than rice, sugar and wine sectors, from 1 July 2008;
(b)
as regards the wine sector, from 1 August 2008;
(c)
as regards the rice sector, from 1 September 2008;
(d)
as regards the sugar sector, from 1 October 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 2008. | [
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*****
COMMISSION REGULATION (EEC) No 2259/89
of 26 July 1989
fixing the actual production of olive oil and the unit amount of production aid for the 1987/88 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1225/89 (2),
Having regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organizations (3), as last amended by Regulation (EEC) No 1226/89 (4), and in particular Article 17a (2) thereof,
Whereas Article 5 of Regulation No 136/66/EEC provides that the unit amount of the production aid must be reduced where the actual production for a given marketing year exceeds the maximum guaranteed quantity fixed for that marketing year; whereas, however, producers whose average production is less than 200 kilograms of olive oil per marketing year are not affected by that reduction;
Whereas Article 17a of Regulation (EEC) No 2261/84 provides that, in order to determine the unit amount of the production aid for olive oil which may be paid in advance, the estimated production for the marketing year concerned should be established; whereas, for the 1987/88 marketing year, the estimated production and the unit amount of the production aid which may be paid in advance were fixed by Commission Regulation (EEC) No 1786/88 (5);
Whereas, pursuant to Article 17a (2) of Regulation (EEC) No 2261/84, not more than six months after the end of the marketing year the quantity actually produced in respect of which entitlement to the aid has been recognized must be determined; whereas, to that end, in accordance with Article 12a of Commission Regulation (EEC) No 3061/84 (6), as last amended by Regulation (EEC) No 98/89 (7), the Member States concerned must notify the Commission, not later than 31 March following each marketing year, of the quantity recognized as qualifying for the aid in each Member State; whereas as a result of those communications the quantity eligible for aid for the 1987/88 marketing year amounts to 742 500 tonnes for Italy, 4 088 tonnes for France, 321 718 tonnes for Greece, 770 000 tonnes for Spain and 38 000 tonnes for Portugal; whereas, as a consequence, the sum of the quantities thus forwarded constitutes the quantity eligible for reimbursement from the EAGGF;
Whereas, in view of the quantity actually produced, the unit amount of the production aid provided for in point (b) of the fifth subparagraph of Article 5 (1) of Regulation No 136/66/EEC should also be fixed; whereas, where the amount paid in advance exceeds the aid thus established, the amount paid in excess should be recovered;
Whereas the amount of production aid in Spain and Portugal is different from that in the other Member States;
Whereas, on the basis of data available, the actual quantity and the unit amount of the aid mentioned above should be fixed at the levels given below;
Whereas the Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the 1987/88 marketing year for olive oil:
- the quantity actually produced in respect of which entitlement to the production aid has been recognized and which is eligible for reimbursement by the EAGGF Guarantee Section is 1 876 306 tonnes,
- the unit amount of the production aid shall be:
- ECU 13,75/100 kg for Spain,
- ECU 9,07/100 kg for Portugal,
- ECU 48,78/100 kg for the other Member States.
2. Where the amount paid in advance on the production aid exceeds the aid to be paid pursuant to paragraph 1, the Member States shall adopt the measures required to recover the amount paid in excess and shall inform the Commission thereof.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1989. | [
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Commission Regulation (EC) No 795/2002
of 14 May 2002
prohibiting fishing for common sole by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated 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(3) lays down quotas for common sole for 2002.
(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 division VIIe (EC waters) by vessels flying the flag of Belgium or registered in Belgium have exhausted the quota allocated for 2002. Belgium has prohibited fishing for this stock from 20 April 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of common sole in the waters of ICES division VIIe (EC waters) by vessels flying the flag of Belgium or registered in Belgium are hereby deemed to have exhausted the quota allocated to Belgium for 2002.
Fishing for common sole in the waters of ICES division VIIe (EC waters) by vessels flying the flag of Belgium or registered in Belgium is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 20 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 May 2002. | [
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*****
COMMISSION DECISION
of 13 June 1990
accepting an undertaking given by the Royal Thai Government in connection with the countervailing duty proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm, originating in Thailand
(90/266/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 10 and 11 thereof,
After consultations within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. PROCEDURE
(1) In June 1988 the Commission announced, by a notice published in the Official Journal of the European Communities (2), the initiation of a countervailing duty proceeding concerning imports into the Community of ball bearings with a greatest external diameter not exceeding 30 mm (hereinafter referred to as 'ball bearings') originating in Thailand, and commenced an investigation. The product investigated corresponds to the CN code 8482 10 10.
The proceeding was initiated as a result of a complaint lodged in December 1987 by the Federation of European Bearing Manufacturers' Associations (FEBMA) on behalf of producers representing a major proportion of all Community production of the ball bearings. This complaint contained evidence of the subsidization of this product originating in Thailand and of material injury resulting therefrom, which was considered sufficient to justify opening a proceeding.
(2) The Commission officially notified the Royal Thai Government of the initiation of the proceeding, and officially advised the exporters and importers known to be concerned, as well as the complainants, and gave all the parties directly concerned the opportunity to make their views known in writing and to request a hearing.
The Royal Thai Government, all the known exporters and importers and the majortiy of Community producers, represented by the complainant, made their views known in writing.
(3) The Commission sought and verified all information it deemed to be necessary for the purpose of a preliminary determination and carried out investigations either at the premises or with representatives of the following:
(a) Royal Thai Government
Department of Foreign Trade,
Customs Department,
Bank of Thailand,
International Finance Corporation of Thailand (IFCT),
Electricity Generating Authority of Thailand (EGAT),
Board of Investment (BoI),
Ministry of Finance;
(b) Thai Exporters
NMB Thai Ltd, Ayutthaya, Thailand,
Pelmec Thai Ltd, Bang Pa-In, Ayutthaya, Thailand,
Both companies are 100 % owned subsidiaries of Minebea Co. Ltd, Japan;
(c) Importers in the Community
NMB GmbH., Neu Isenburg, Germany,
NMB Italia, Mazzo di Rho, Milan, Italy,
NMB (UK) Ltd, Bracknell, United Kingdom;
(d) Community producers
FAG Kugelfischer Georg Schaefer KGaA, Schweinfurt, Germany,
Georg Mueller Nuernberg AG, Nurenberg, Germany,
Gebrueder Reinfurt GmbH & Co., KG, Wuerzburg, Germany,
SKF Industrie SPA, Turin, Italy,
SKF Roulements Spécialisés (ADR), Thomery, France,
SKF France, Clamart, France,
ROL Rolamentos Portugueses SARL, Caldas da Rainha, Portugal.
(4) Following this stage the Commission formulated some preliminary findings on subsidies and injury. The complainant, the exporters and the Royal Thai Government (hereinafter referred to as 'the Government' unless otherwise stated) requested and were granted an opportunity to be heard by the Commission. The Commission informed them in detail of the facts on which it based its findings. Upon their request, the parties were also informed of the essential facts and considerations on the basis of which it was proposed to recommend measures. The parties were granted a period within which to make representations on any of the above matters subsequent to the disclosure meetings. Where appropriate their comments were taken into consideration.
(5) The investigation of subsidies covered the period 1 April 1987 to 31 March 1988 (the investigation period).
(6) This investigation has exceeded the normal time period because of the volume and complexity of the data initially gathered and examined, and because the completion of the investigation has required the study of related issues which arose during the proceeding and which could not have been foreseen at its outset.
B. PRODUCT UNDER CONSIDERATION
(7) The products concerned are ball bearings with a greatest external diameter not exceeding 30 mm; they fall within CN code 8482 10 10.
(8) From a technical point of view, the definition of the products under consideration covers a large number of standard bearing types, all available with different accessories, plus many special types made to the specification of the customer. Within this product definition, a distinction is sometimes made between the so-called miniature and instrument bearings and the standard small-sized bearings. However, they have the same basic physical characteristics and no clear dividing line can be made between them.
(9) The major components of the bearings under consideration are an inner and outer ring (usually in chrome, but sometimes stainless steel), a cage and a variable number of balls. Metal shields or rubber seals can be added depending on the customer's requirements and a variety of greases are applied. Their function is to reduce friction and so enable machine parts to move faster and more smoothly. The main applications of the bearings in question are in consumer electronics, domestic appliances and office automation.
(10) Ball bearings are an intermediate product used in the assembly of consumer and capital goods or for replacement purposes. The demand for ball bearings therefore depends directly on the demand for the final product (e.g. washing-machines, vacuum-cleaners, video recorders, fans, small electric motors). Small ball bearings generally account for only a tiny fraction of the cost of the final product.
C.1 SUBSIDIES - BACKGROUND
(i) Alleged subsidies and summary of findings
(11) On the basis of the information contained in the complaint and the replies to the Commission's questionnaire, alleged subsidies under the following headings were investigated:
(a) customs duty and indirect tax exemption on imports of machinery and essential materials;
(b) rebate on indirect taxes on domestically purchased inputs;
(c) exemption from corporate income tax;
(d) rebate on electricity charges to exporters; (e) duty drawback and tax exemption on imported raw materials;
(f) special investment zones and other regional incentives;
(g) loans from financial institutions allegedly controlled or influenced by the Government;
(h) other tax benefits.
(12) The Commission's investigation revealed that the exporters, NMB Thai and Pelmec Thai (herenafter referred to as 'the companies') received countervailable subsidies under headings 11 (a), (b), (c) and (d). Alleged subsidies under headings 11 (e), (f), (g) and (h) were found either not to be countervailable or not to have been granted at all.
(ii) Certificates of Promotion
(13) The companies have both been issued with 'Certificates of Promotion' by the board of Investment (Bol), a Government agency responsible for the administration of the Investment Promotion Act (IPA), which is the main legislative instrument for granting subsidies to Thai industries. Some of the incentives mentioned in the Act, albeit alleged by the complainant, have not been included in the Certificates of Promotion, and others have been included but have not been used by the companies. The most important feature of these certificates is that they make all the benefits granted to the companies conditional upon the export of almost all their production. Indeed only minimal sales are allowed on the domestic Thai market and the sales to other companies in the Minebea Group in Thailand have to be incorporated into other products destined for export.
(iii) Quantification of subsidies
(14) All the countervailable subsidies are expressed in Thai baht for each of the companies separately. In cases where the subsidy rate is calculated first as a percentage, this is converted into Thai baht by multiplying it by the total exports of ball bearings of the companies.
C.2 COUNTERVAILABLE SUBSIDIES
(i) Customs duty and indirect tax exemption on imports of machinery and essential materials
(15) The companies have obtained from the BoI a full exemption from customs duties and indirect taxes payable on imported goods to be employed in their production. The exemption was granted, under section 28 of the IPA, through the Certificates of Promotion issued to the companies, and therefore it is contingent upon export performance, as are all benefits granted through these certificates. The companies have benefited from the exemption since their establishment in Thailand; however, they have not used it for 'raw materials' (which correspond to physically incorporated inputs), for which they prefer to use the bonded warehouse system (see recital 33). They avail themselves of this exemption, instead, for capital goods ('machinery'), 'machine parts' and 'essential materials'. There can be no doubt about the countervailability of the exemption of machinery and machine parts. As to the essential materials, the Commission's investigation established that this category consists of non-physically incorporated inputs, and therefore is similarly countervailable.
(16) The following duty and indirect taxes are normally levied on products imported into Thailand:
- import duty levied on cif import value,
- business tax, which is calculated as a percentage of the gross receipt (the cif value plus duty plus a standard profit),
- municipal tax, equivalent to 10 % of the business tax.
(17) Considerable problems arose in obtaining the reliable data required for quantifying this subsidy.
Data supplied by the Government (Customs Depatment and BoI) were not collected in a way that made them useable for the purposes of this investigation.
The companies provided data on a transaction-by-transaction basis for the investigation period, giving the amount of tax and duty exemptions on three categories of products:
- machinery,
- machine parts and tools,
- consumables (equivalent to essential materials).
After verification, the Commission was satisfied that the total amount of tax and duty exemptions recorded was correct and the companies had been able to isolate fairly accurately the exemptions on machinery. However, it was also clear that it had been impossible to make a distinction between machine parts and tools, on the one hand, and consumables on the other, so that the separate totals of each of these two categories were rendered meaningless, although the sum of both categories was correct. (18) On the basis of these data, it was possible to calculate the subsidy for each product category.
(a) Machinery is entered into the balance sheet as a fixed asset and depreciated over time. Since the exemption data for this category is sufficiently reliable, the appropriate method of calculation is to spread the subsidy across a period which reflects the normal depreciation of such assets in the industry concerned (Regulation (EEC) No 2423/88, Article 3 (4) (c)). The part of the companies' total acquisitons of machinery (since establishment in Thailand) allocated to the investigation period is multiplied by the average duty rate to calculate the amount of the subsidy.
The total acquisitions of machinery (until 31 March 1988) were taken from the companies' balance sheet records.
As explained above, for the allocation of the subsidy, Regulation (EEC) No 2423/88 requires the use of a period reflecting 'normal depreciation . . . in the industry concerned'. It has been established that the depreciation period for machines in the Japanese bearing industry is 10 years, while seven to 10 years is the standard period in Europe. The Commission therefore considers 10 years to reflect normal depreciation in this industry and has allocated the subsidy over this period. Therefore, 10 % of the companies' total acquisitions of machinery were allocated to the investigation period.
The average duty rate was calculated by dividing the amount of tax and duty exemption (recital 17) by the value of machinery acquired during the investigation period (again from balance sheet records).
(b) Consumables (e.g. grinding stones, greases) are expenses in the company accounts and the value of the subsidy should therefore be calculated on an expense basis, i.e. the tax and duty exemptions of purchases made during the investigation period.
(c) Machine parts and tools in principle are entered into the balance sheet as fixed assets and depreciated. They could at first sight be treated in the same way as machinery. However, in the companies' data on duty and tax exemptions, it is clear that products in this category have been confused with consumables on a very large scale. The main reason for this seems to be that many of such machine parts are replaced with such frequency that they are, in practice, difficult to distinguish from other consumables. Another complicating factor is that machine parts valued below a certain amount are treated as expenses rather than being capitalized as fixed assets. Any calculation of an average duty rate is therefore bound to be inaccurate, and the appropriate solution is to deal with machine parts and tools in the same way as consumables, i.e. on an expense basis. This method also ensures that the combined total of duty and tax exemptions for machine parts, tools and consumables is accurate.
(19) The depreciation calculation for machinery is slightly complicated by the fact that, before 1 February 1986, imports of goods employed by an importer for his own productive activity were exempt from business (and therefore municpal) tax, according to a general provision of law (section 79 ter (11) of the Revenue Code).
This exemption was generally available to all importers regardless of their export performance, and would not have been countervailable. It follows that for the purpose of calculating the effect of the exemptions on imported machinery, the acquisition of machines before February 1986 should only be taken into account for calculating import duty and not business and municpal tax.
(20) On the basis of these calculations, the following amounts of subsidy (in millions of Thai baht), have been found under this heading:
NMB Thai 156,95
Pelmec Thai 157,83.
(ii) Rebate on indirect taxes on domestically purchased inputs
(21) Under the 1981 Tax and Duty compensation of Exported Goods Produced in the Kingdom Act, exporters may obtain rebates relating to customs duties, import sales taxes and domestic sales taxes incurred in respect of inputs used in the production of exported goods. Rebates are obtained by applying for 'tax coupons', which are freely transferable and can be used to pay any tax collected by the Revenue Department of the Government. For each product, there are two rates, the 'A' rate used by exporters who do not use any of the duty drawback systems, and the 'B' rate used by exporters who do use some form of duty drawback. The companies therefore use the 'B' rate, which is set at 0,59 % for products in the category which includes ball-bearings and which relates to the rebate of business and municipal taxes on domestically purchased inputs. The granting of this subsidy is contingent upon export performance, and it is therefore countervailable.
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ No C 147, 4. 6. 1988, p. 4.
(22) The rebate rates are calculated by the Government on the basis of an 'input/output' study, originally carried out in 1980 (based on 1975 data) and updated in 1985 (with 1980 data); a further update is being carried out, on 1985 data, to be published in 1990. Using this study, the Government calculates the value of all inputs and the incidence of customs duties and indirect taxes for each category of products, and determines the rebate rates on the basis of this. Chapter 111 of the input/output table, 'fabricated metal products', includes ball bearings.
After verification and discussion with the competent services of the Government, the Commission considers that the method applied by the Government is a reasonable one.
(23) In the case of this subsidy, it is clear that only the rebate on non-physically incorporated inputs is countervailable. The Commission has calculated, on the basis of the input/output study, that 0,2 % of the 0,59 % rebate is given on non-physically incorporated inputs and thus constitutes the countervailable part of the subsidy.
(24) However, the companies do not receive the whole of this 0,2 % rebate. They receive an equivalent amount in tax coupons and, since they pay no tax, they have to sell these at a discount of 34 %, therefore finally receiving only the equivalent of 0,13 % of their total export.
(25) On the basis of these calculations, the following amounts of subsidy (in millions of Thai baht), have been found under this heading:
NMB Thai 2,28
Pelmec Thai 1,72.
(iii) Exemption from corporate income tax
(26) The Certificates of Promotion issued to both companies grant them exemptions from the payment of corporate income tax for the eight years following the start-up of their operations. The exemption is in accordance with Section 31 of the investment Promotion Act.
This exemption constitutes a countervailable export subsidy since it has already been established that the privileges granted in the Certificates of Promotion are conditional on virtually all production being exported.
(27) The following method is used to calculate the subsidy:
Taxable income × Tax rate (%).
(28) The calculation should be made on a fiscal year, since it is only for this period that fully audited accounts are available. In the case of the companies, the fiscal year runs from 1 October to 30 September.
The correct solution is to take the fiscal year 1987 (1 October 1986 to 30 September 1987), which is the last completed fiscal year within the investigation period.
(29) On the basis of these calculations, the following amounts of subsidy (in millions of Thai baht), have been found under this heading:
NMB Thai 94,06
Pelmec Thai 124,49.
(iv) Rebates on electricity rates for exporters
(30) The Electricity Generating Authority of Thailand (EGAT) has established a programme of rebates on electricity rates for exporters. Eligibility for this programme is dependent upon eligibility for rebates on indirect taxes on exports. The producer has to file an application with the electricity authority from which it receives its electricity, in this case the Provincial Electricity Authority (PEA), showing eligibility for the tax rebate and giving the elements which the PEA needs in order to calculate the amount of electricity used per unit of product and the cost charged to the producer. The electricity discount will be equivalent to about 20 % of this cost.
Once the producer has received PEA and EGAT approval, it has to apply to the PEA for an electricity rebate. Each application (which is made on the same form used to claim indirect tax rebates) must provide complete details of export transactions involving eligible products, to enable the PEA to calculate the rebate. This is then shown as an adjustment on a subsequent electricity bill.
(31) The companies have received EGAT approval and are eligible for electricity rebates. However, Pelmec received approval only at the end of May 1988, and thus did not receive any benefit during the investigation period. The programme obviously constitutes a subsidy, is contingent upon export performance (since export performance is a condition for indirect tax rebates - Recital 21 - and the amount of the electricity rebate is calculated on the basis of units of product exported) and is therefore countervailable. (32) During the investigation period the total benefit received by NMB Thai amounted to 4,79 million baht. This figure therefore represents the total amount of subsidy found under this heading.
C.3 SUBSIDIES FOUND NOT COUNTER-
VAILABLE OR NOT RECEIVED BY
COMPANIES
(i) Duty drawback and tax exemption on imported raw materials
(33) The companies used a bonded warehouse system to qualify for this exemption. Only raw materials and components which are physically incorporated into the final product can be imported through the bonded warehouse system, and therefore this is not a countervailable subsidy.
The bonded warehouse system allows duty and tax free entry, so that no question of countervailable over-rebate arises.
(ii) Special investment zones and other regional incentives
(34) Regional incentives in Thailand are the responsibility of the BoI. Until 1988 the Investment Promotion Act empowered the BoI to grant investors who had been approved for investment promotion some additional privileges if they located in certain designated areas.
(35) It was established that the companies were not located in any such areas at the time they received approval for investment promotion, and that subsequent changes in BoI policy on regional incentives and/or in designated areas were not retroactive, and did not apply to investors who had already established operations in Thailand.
In addition, verification of the original applications of the companies for investment promotion revealed that neither of them had ever requested any of the privileges related to special investment zones.
(iii) Loans from financial institutions allegedly controlled or influenced by the Government
(36) The companies received two loans from the industrial Finance Corporation of Thailand (IFCT). The Government claimed that the interest rate on these loans was higher than the cost of long-term funds to the Government, represented by the interest rate on bonds issued by the Government on the domestic market. Given that the loans are denominated in baht, Government bonds are the appropriate benchmark, and the Commission was able to verify with representatives of the Bank of Thailand that the Government's claim was correct, and determined that no countervailable subsidy was involved. Thus, there was no need to decide the issue of whether the IFCT is controlled or influenced by the Government.
(37) Secondly, the Commission considered the 'Packing Credits' programme (administered by the Bank of Thailand). It is a form of short-term export financing, and it certainly constitutes an export benefit, since it is conditional upon export and confers a benefit on the recipient (preferential interest rates in comparison with market rates). However, in this case the Government claimed that the interest charged to exporters, albeit lower than market rates, is still higher that the cost of short-term funds to the Government, represented by the interest rate on treasury bills issued by the Bank of Thailand on behalf of the Government. The Commission considered the choice of the benchmark appropriate, and the claim was verified with the Bank of Thailand and again found to be correct, leading to the conclusion that there was no countervailable subsidy.
(38) Finally, it emerged that the Financial Institutions Development Fund (FIDF), a public agency of the Government, is responsible, among other things, for 'helping depositors of financial institutions whose licences have been revoked by issuing FIDF promissory notes in exchange for the promissory notes of those companies'. The Commission found that this was done in response to a recent crisis in the Thai banking sector, that FIDF notes were redeemable in 10 years and carried no interest, and that no such notes had been issued to the companies under investigation.
(iv) Other tax benefits
(39) Under the Certificates of Promotion (in accordance with Section 34 of the Investment Promotion Act) dividends transferred back to Minebea in Japan are exempt from the normal 15 % withholding tax which is levied under the terms of the Japan-Thailand Tax Treaty of 1963.
This benefit is clearly contingent upon export and obviously involves a cost to the Government, However, it does not constitute a direct benefit to the companies, but rather to their parent company in Japan, which is not the subject of this investigation, and therefore the benefit is not countervailable. (40) It has been established that the companies did not receive any other tax benefits in connection with their promoted status.
C.4 TOTAL AMOUNT OF COUNTERVAILABLE SUBSIDY
(41) The total value of the countervailable subsidies granted to the companies during the investigation period was as follows:
in baht (millions)
1.2.3 // // // // Subsidy // NMB Thai // Pelmec Thai // // // // Duty and tax exemption on imported machinery and essential materials // 156,95 // 157,83 // Exemption from corporate income tax // 94,06 // 124,49 // Indirect tax rebate on domestic purchases // 2,28 // 1,72 // Electricity rebate // 4,79 // - // // // // Total // 258,08 // 284,04 // // //
C.5 COMMENTS FROM THE COMPANIES ON THE SUBSIDIES
(42) After being informed of the basic facts of the Commission's findings on subsidies, the companies submitted their comments, including a number of claims for adjustment to the calculations. These are listed below, accompanied by the Commission's reply in each case.
(i) Customs duty and indirect tax exemptions on imports (Recitals 15 to 20)
(43) Claim 1: The subsidy concerning machinery should have been allocated by using the 20-year depreciation period used by the companies in Thailand in their accounts, instead of the 10-year period chosen by the Commission.
Reply: The Commission rejects this argument. Article 3 (4) (c) of Regulation (EEC) No 2423/88 requires the use of 'the normal depreciation of such assets in the industry concerned' when spreading the value of a subsidy based on the acquisition of fixed assets over time.
Having examined the situation in the Community and in Japan, the Commission concludes that a period of 10 years reflects the normal depreciation of machinery and equipment in the ball-bearing industry.
(44) Claim 2: Whether or not a 10- or 20-year period is used, the Commission should have calculated the subsidy concerning machinery on the basis of the total depreciation recorded during the investigation period.
Reply: The Commission cannot accept this method. It would mean that machinery acquired less than one year before the end of the investigation period (i.e. during it) would not be included in the subsidy calculation. The Commission considers that since the companies received the benefit of the subsidy on all machinery imported up to 31 March 1988, it is this amount (allocated over a period of 10 years), which is countervailable.
(45) Claim 3: If a 10-year period is used to allocate the subsidy concerning machinery, this period should be reflected in a reduction of the corporate income tax exemption, since a 10-year depreciation period would result in a lower level of taxable profit.
Reply: The Commission does not agree. The 10-year period is appropriate for allocating the subsidy in this case, but has no relevance to the depreciation and tax calculations of the companies.
(ii) 'Double-counting' in corporate income tax exemption
(46) Claim 4: Subsidies other than the corporate income tax exemption reduced tax-deductible expenses and therefore increased the value of the income tax exemption. Having countervailed these other subsidies, the Commission should adjust pre-tax expenses upwards and therefore reduce the income tax exemption, in order to avoid double-counting.
Reply: The Commission refuses to accept this argument. The companies have enjoyed the full benefit of the duty and tax exemption on imports, the electricity rebate and the tax rebate on domestic purchases. In the same way, they have pocketed the full amount of the corporate income tax exemption on their declared taxable profit. The Government has forsaken a corresponding amount of revenue. Therefore it is logical to countervail the full amount of all these subsidies.
It is not for the Commission to speculate on what may or may not have happened if one or more subsidies had not been available. This kind of approach would be entirely hypothetical and would ignore other factors which may have come into play in the absence of certain subsidies (e.g. changes in selling prices).
D. INJURY
(i) Like product
(47) The ball bearings produced in the Community have the same physical characteristics and uses as the bearings defined in recital 7.
(ii) Community industry
(48) For the purpose of this investigation the Japanese-owned companies producing in the Community are not considered to be part of the Community industry under Article 4 (5) of Regulation (EEC) No 2423/88. This is because they are related to exporters of the same product from Japan who are currently subject to anti-dumping duties (1). These are being reviewed in an investigation running currently with the present proceeding (2). The Japanese-owned production companies sell all their production to the same Japanese sales subsidiaries who are involved in selling imported bearings from Japan at dumped prices, and they thus benefit from these unfair business practices. In these circumstances they cannot be considered to be behaving as normal Community producers but rather as a complementary source of supply for exporters practising dumping. After excluding the Japanese-owned companies from the scope of the proceeding, the Commission found that, during the period under investigation, the Community producers on behalf of whom the complaint was lodged manufactured about 85 % of Community production. This is clearly a major proportion of total production and these companies are therefore considered to form the Community industry.
(iii) Preliminary observations
(49) This case was investigated by the Commission at the same time as anti-dumping proceedings concerning imports of the same product originating in Thailand (3). The Commission is still considering the latter proceeding and no decision has yet been taken. The following analysis of injury caused by subsidization is made without prejudice to any eventual finding of dumping.
(iv) Volume and market shares of imports
(50) Between 1985 and the investigation period, total sales of ball bearings in the Community rose from 332,5 to 356,1 million pieces, an increase of 7,1 %.
(51) The sales of bearings imported from Thailand increased from 3,1 million pieces in 1985 to 31,5 million pieces in the investigation period and their share of the Community market rose from 0,9 % to 8,8 %.
(52) The Community market share of imports from countries other than Thailand fell from 59 % in 1985 to 50 % in the investigation period.
(v) Prices
(53) For the purpose of analysing price undercutting by the Thai exporters, a comparison was made between the selling price (net of all discounts and rebates) of Thai-made bearings and of bearings sold by Community manufactures in the German, Italian and United Kingdom markets.
Calculations always involved representative types of bearings, sold in reasonable quantities, usually exceeding 50 000 pieces. Only sales to industrial users who purchase bearings for incorporation into their final product (e.g. makers of vacuum-cleaners, VCRs, etc.) have been taken into account; these industrial users account for the great majority of the sales made by the Thai and Community producers and are almost the only customers who buy in sufficient quantities to enable a comparison to be made.
(54) On a weighted-average basis, the bearings from Thailand undercut those sold by the Community producers by 17 %.
(vi) Situation of the Community industry
(a) Market shares
(55) Although the Community sales of the Community industry rose by 3,5 %, from 112 to 116 million pieces, between 1985 and the investigation period, the 7,1 % increase in total demand in the Community market (see recital 50) meant that the Community industry's share dropped from 33,6 % to 32,5 %.
(b) Price depression
(56) A considerable amount of price depression was found. The average unit selling prices of most Community producers to industrial users fell between 1985 and the investigation period.
For the major Community producers, the average decreases, in current terms, varied from 2,6 to 9 %.
(c) Profitability
(57) The overall profitability of the Community producers in the sector of the bearings under investigation has declined by half since 1985, leading to a situation where current profits are clearly inadequate to finance the additional expenses required to keep the Community industry competitive. Indeed, at a time when the appropriate pre-tax
profit margin for the bearings industry has been established to be 15 % (see recital 59), the Commission has found that the profitability achieved during the investigation period fell far below this figure. During this period, the profitability of the Community industry, on sales made in the ordinary course of trade in the Community, reached just 8 %.
(d) Production, capacity utilization and employment
(58) Community production fell from 170,6 million pieces in 1985 to 153,9 million during the investigation period, a decline of 10 %.
Community production capacity, calculated as far as possible on a two-shift, five day per week basis, expanded from 177,5 million units in 1985 to 185,5 million during the investigation period. Utilization of capacity therefore declined from 96 % in 1985 to 83 % in the investigation period.
Over the same period, employment in the sector declined from 2 304 to 2 033, a net loss of 271 jobs and a fall of 12 %.
(vii) Determination of injury
(59) An examination of the indicators described in the recitals above leads the Commission to conclude that the Community industry has suffered material injury in this case. The Commission considers that the following factors constitute the elements of injury.
(a) Decline and shortfall of profitability. The fall in profitability since 1985 has led to a situation where the current pre-tax profit margin on sales to independent customers in the Community market of 8 % (see recital 57) is inadequate in view of the additional expenses required to keep the Community industry competitive. These additional expenses are mainly related to investments in fixed assets, research and development, training and marketing. The Commission has concluded that a 15 % pre-tax profit margin is necessary for this purpose. The establishment of the adequate return on sales at 15 % also corresponds broadly to an empirical/historical approach to the profitability issue, i.e. the fact that there was an adequate level of profitability in 1985 when the overall profit margin stood at about 15 % of sales.
(b) A loss of market share has taken place (see recital 55 in conjunction with recitals 50 to 52).
(c) There has been a decline in production, capacity utilization and employment (see recital 58).
E. CAUSATION OF INJURY
(i) Injury caused by subsidization
(60) In the market for high volume industrial users as opposed to the distributor/dealers' market, the main competitors to the Community producers are the manufacturers in Thailand.
85 % of Community producers' sales in the Community are destined for the industrial users' market, while the corresponding figure for the exporters from Thailand is 90 %.
(61) Since there are no real differences in quality, particularly in the case of standard types, price is the main consideration in sourcing supply of these products. Thus the price undercutting, which was to a certain extent caused by subsidization, practised by the producers and exporters concerned, has led to price depression, i.e. forcing the Community producers to reduce their prices (and therefore their profits) or risk losing further market share, thus depriving themselves of the benefits of economies of scale.
(62) The sharp increase in the Thai exporters sales in the Community (almost exclusively in the industrial users' sector) has given them an increased share of the Community market, usually at the expense of Community producers. In particular, they have prevented the Community industry from taking full advantage of the increase in demand since 1985.
(63) The Commission considers that, had subsidization of Thai imports not taken place, the export prices would have been higher and, consequently, the price erosion and loss of profitability of the Community producers would not have occurred.
(64) In conclusion, the market conditions applying to this product and the factors listed above demonstrate that the price pressure resulting directly from subsidization of Thai imports, and the consequent rapid increase in combined import volumes from Thailand, has led to injury of the Community industry, i.e. inadequate and reduced profitability, loss of market shares and decline of production, employment and capacity utilization.
(65) The Commission determines therefore that there is a causal link between these indicators of injury and the subsidization of imports from Thailand. (ii) Other factors
(a) Fall in Community exports
(66) The injury suffered by the Community industry is to a certain extent due to the fall in Community exports. Indeed these exports fell from 59 to 38 million pieces and this fall has certainly had an effect on the level of production, employment and capacity utilization; it could furthermore by argued that the fall in exports and the consequent drop in capacity utilization may have an impact on profitability, since this would result in an increase in fixed costs per piece.
The fall in production, employment, capacity utilization (and therefore profitability which, as will be seen below, is used for the establishment of the injury thresholds), would have been less marked if the Community producers had been able to maintain their share of the Community market, where the demand was increasing; the reason for the Community producers being unable to do so is precisely that this increasing demand in the Community market has largely been satisfied by the unfairly low-priced imports under investigation.
However, this observation in no way invalidates the argument that the fall in exports is a cause of injury.
(b) Imports from Japan
(67) Bearings from Japan are being sold in the Community at dumped prices and compete in the industrial users' market. However, during the investigation period they were sold in lower volumes than the Thai bearings (21,7 million pieces compared to 31,5 million), and since 1985 their sales volume declined by over 30 %. In addition, their prices only undercut the Community producers by a small amount, compared to the 17 % undercutting found in the case of Thai bearings.
It should be borne in mind that the Japanese bearings have been subject to anti-dumping duties since 1984, and that several Japanese exporters have transferred production to Europe.
However, without, for the purpose of this Decision, considering the impact of modifying the existing anti-dumping duties, it is clear that while the level of Japanese bearing imports is still significant, and that the anti-dumping duties in force have not completely removed injury to the Community industry caused by imports from this source, the amount of current injury caused by imports from Japan is rather limited.
(c) Imports from other sources
(68) As far as imports from other countries are concerned, with the exception of a part of the high-precision miniature bearing market, these are not competing directly with those types produced in the Community.
- Bearings from Eastern Europe and China are of lower quality than Community or Thai products.
- Bearings from Switzerland are of specialized, often miniature, types.
(iii) Conclusion
(69) After taking account of the other factors described in recitals 66, 67 and 68, the Commission concludes that the remaining injury, caused by the subsidization of imports from Thailand, is material.
F. COMMUNITY INTEREST
(70) In general, it is in the Community interest for there to be fair and workable competition and the purpose of measures in this case is to re-establish a situation of fair competition. In considering the Community interest in this case, the Commission has taken account of the interest of the Community ball bearing industry, the users of ball bearings and the final consumer of the end product.
(71) In the absence of measures, a continuation of the trend observed would lead to negative consequences for the Community industry producing the ball bearings in question and endanger its viability. The loss of this industry would have serious consequences from the point of view of:
- employment and investment expenditure,
- research and development in high technology areas (particularly new materials), and
- development of new products in fast-growing sectors (telecommunications, aerospace and vehicle electronics).
It is in the interest of the Community that such consequences do not occur.
(72) As far as the purchasers of ball bearings (and implicitly the final consumers of their products) are concerned, it may be argued that they could derive some benefit from buying subsidized low-priced bearings. Any such benefit, however, would be minimal, since the bearings in question account for only a tiny fraction of the final price of most products. This is confirmed by the fact that no Community purchaser of ball bearings up to 30 mm external diameter has reacted to any of the proceedings.
(73) The Commission has therefore concluded that on balance the interest of the Community clearly lies in granting protection to its ball bearings industry against unfair competition caused by imports at subsidized prices. G. MEASURES
(i) General
(74) Having established the existence of the countervailable subsidy, injury caused by the subsidized imports and Community interest in taking protective measures, the Commission would normally impose a countervailing duty. The rate of duty should not exceed the amount of subsidy, and it should be less if such lesser duty would be adequate to remove the injury.
(75) Although, as explained in recitals 83 to 87, the Commission has decided to accept an undertaking offered by the Royal Thai Government and to terminate the proceeding rather than impose a duty, a full explanation of the choice of the type of duty and the calculation of the rate of duty that would have been imposed is given (recitals 79 to 82). This is because the undertaking takes the form of an export tax, to be levied at exactly the same rate as a specific countervailing duty.
(76) It should be noted that, prior to the acceptance of the undertaking, the Commission had completed a full investigation of the case and in particular gave all parties concerned the opportunity to exercise their rights under Article 7 (4) of Regulation (EEC) No 2423/88.
(ii) Injury threshold
(77) The Commission's view is that in order to eliminate injury to the Community industry, it would be necessary to:
- eliminate price undercutting, found to be 17 % (see recital 54),
- ensure that Community producers realise an adequate return on sales, i.e. cover the 7 % gap between the target profit (15 %, see recital 59) and the profit earned in the investigation period (8 %, see recital 57).
(78) The addition of the price undercutting (17 %) and the profit shortfall (7 %) gives an injury threshold of 24 % on the basis of the resale price in the Community. The basis for using this method is that the prices of Thai bearings in the Community are so far below the prices of Community products mainly because the Thai exports have succeeded in capturing a number of very high volume customers by offering them extremely low prices. Community producers have for the moment retained customers who pay higher prices. Since the customers are different and since there are no quality differences between Thai and Community bearings, there is no guarantee that the mere elimination of 17 % Thai price undercutting would result in any appreciable increases in the prices paid to Community producers. Only by adding the 7 % profit shortfall is it possible to reach a price level at which Community producers could earn the required level of profit to realise an adequate return on sales (see recital 77).
When converted to cif import value the injury threshold becomes 34,8 %.
(iii) Type of duty
(79) The goods are shipped directly from Thailand to the Community but are invoiced to the parent company in Japan, which then invoices its Community subsidiary. This second invoice amount contains a considerable mark-up.
It cannot therefore be guaranteed in this case that an ad valorem duty calculated on the cif value would fully countervail the subsidy received, since the mark-up could be reduced in order to alter the cif price.
The appropriate way of countervailing the subsidy in Thailand would be by the imposition of a specific duty (i.e. expressed in value per piece), based on the value of the subsidy divided by the total number of ball bearings exported from Thailand in the investigation period.
(iv) Rate of subsidy
(80) Using the above method, the countervailable subsidy per piece for each company (in Thai baht), is calculated as follows:
NMB Thai 1,34
Pelmec Thai 1,91.
In calculating these rates of subsidy, the Commission accepted the companies' argument that those bearings sold in bond to other Minebea companies in Thailand, for incorporation into exported products, should be included in the denominator over which the total subsidy amount was divided.
(81) However, since the companies are wholly-owned subsidiaries of the same parent company, it would not be appropriate to apply separate duties to them, but rather a single duty to both. This is calculated by weighting the subsidy per piece of each company according to their exports to the Community and would result in a duty of 1,76 baht per piece.
(82) The specific duty rate would therefore be 1,76 baht per ball bearing exported, equivalent to an ad valorem rate of 13 % on import cif value determined during the investigation period, and therefore falling well below the injury threshold of 34,8 %. The Commission considers that this level of duty would be required to remove the injury caused by the subsidization of imports from Thailand. (v) Undertaking
(83) Having been informed of the findings of the Commission's investigation, the Royal Thai Government offered an undertaking to eliminate the effect of the subsidies found, in the form of a tax on exports to the Community of the product under investigation. This tax on exports will initially be levied at a rate of 1,76 baht per piece - exactly the same amount that would have been levied as a countervailing duty.
(84) Regulation (EEC) No 2423/88 enables the Commission to accept undertakings whereby 'the subsidy is eliminated or limited, or other measures concerning its injurious effects taken, by the Government of the country of origin or export' (Article 10 (2) (a)). This provision reflects fully Article 4 (5) of the GATT subsidies/CVD code.
(85) The Commission has decided to accept the Royal Thai Government's undertaking, being satisfied that it will fully eliminate the subsidy and that it includes sufficient provision for:
(a) monitoring of the payment of the tax and export volumes;
(b) surveillance of the subsidy rate;
(c) notification of any changes in existing subsidy mechanisms and a commitment not to grant any new subsidies to the companies involved;
(d) verification of all information by the Commission;
(e) provisions for withdrawal of acceptance of the undertaking in the event of imports into the Community of ball bearings originating in Thailand for which the export tax has not been paid.
(86) In accepting the undertaking, the Commission has taken account of the excellent relations that exist between the Community and Thailand. Thailand is still a developing country and, although the Commission has found that countervailable subsidies were granted in this case, it does not wish to impose countervailing duties when a more amicable solution which fully eliminates the effect of the subsidy is proposed. Furthermore, the Commission notes that Thailand has an excellent record of abiding by trade agreements with the Community. Thus, although Thailand is not a signatory of the GATT subsidies code, the Commission is satisfied that it is appropriate to accept the Royal Thai Government's undertaking.
(87) It is, of course, understood by both parties that any proven violation of or non-compliance with the undertaking will lead to a provisional countervailing duty being imposed immediately, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88. In addition, a definitive countervailing duty may be imposed on the basis of the facts and arguments established before the acceptance of the undertaking.
DECIDES:
Sole Article
The Commission hereby accepts the undertaking given by the Royal Thai Government in connection with the countervailing duty proceeding concerning imports of ball-bearings with a greatest external diameter not exceeding 30 mm originating in Thailand.
Done at Brussels, 13 June 1990. | [
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COMMISSION REGULATION (EEC) No 353/77 of 21 February 1977 amending Regulation (EEC) No 210/69 on communications between Member States and the Commission with regard to milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk and milk products (1), as last amended by Regulation (EEC) No 559/76 (2), and in particular Article 28 thereof,
Whereas the third subparagraph of Article 3 (1) of Council Regulation (EEC) No 986/68 of 15 July 1968 laying down genral rules for granting aid for skimmed milk and skimmed-milk powder for use as feed (3), as last amended by Regulation (EEC) No 1530/76 (4), authorizes a Member State to pay the aid for skimmed-milk powder produced on its territory and denatured or used in the manufacture of compound feedingstuffs within the territory of another Member State;
Whereas under Article 4 of Commission Regulation (EEC) No 210/69 of 31 January 1969 (5), as last amended by Regulation (EEC) No 1984/74 (6), Member States are to communicate regularly to the Commission the quantities of skimmed-milk powder in respect of which aid has been applied for ; whereas, in order to obtain a complete picture of the quantities used it is desirable that the Member States communicate separately quantities processed on the territory of another Member State but for which aid has been paid in the country of manufacture;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Article 4 (1) A II of Regulation (EEC) No 210/69 is hereby amended as follows: (a) under (a) and (b), in each case, the words "excluding the quantities referred to under (c)" are added;
(b) the following subparagraph is added:
"(c) the quantities of skimmed-milk powder denatured or used in the manufacture of compound feedingstuffs within the territory of another Member State pursuant to the third subparagraph of Article 3 (1) of Regulation (EEC) No 986/68, indicating the processing Member State."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
The communications referred to in Article 1 shall be made retrospectively with effect from 1 July 1976.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 1977. | [
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COMMISSION REGULATION (EC) No 32/2008
of 17 January 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,
Whereas:
(1)
Regulation (EC) No 1580/2007 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,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 18 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2008. | [
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Commission Regulation (EC) No 2073/2002
of 21 November 2002
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 899/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to 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), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to all third countries, with the exclusion of Poland, Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 899/2002(6), as amended by Regulation (EC) No 1520/2002(7).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(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,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 15 to 21 November 2002 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 899/2002.
Article 2
This Regulation shall enter into force on 22 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 November 2002. | [
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COMMISSION REGULATION (EC) No 312/2007
of 22 March 2007
amending Regulation (EC) No 195/2007 opening the buying-in of butter in certain Member States for the period 1 March to 31 August 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),
Having regard to Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), and in particular Article 2 thereof,
Whereas:
(1)
Commission Regulation (EC) No 195/2007 (3) establishes the list of Member States in which buying-in for butter is open, as provided for in Article 6(1) of Regulation (EC) No 1255/1999.
(2)
On the basis of most recent communications by Ireland, the Commission has observed that butter market prices have been equal or superior to 92 % of the intervention price for two consecutive weeks. Intervention buying-in should therefore be suspended in that Member State. Ireland should therefore be withdrawn from the list established in Regulation (EC) No 195/2007.
(3)
Regulation (EC) No 195/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 of Regulation (EC) No 195/2007 is replaced by the following text:
‘Article 1
Buying-in of butter as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby open in the following Member States:
-
Spain
-
Portugal.’
Article 2
This Regulation shall enter into force on 23 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2007. | [
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COMMISSION REGULATION (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV(6) negotiations (1), and in particular Article 1 thereof,
Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of the consultations with Thailand pursuant to GATT Article XXIII (2), and in particular Article 3 thereof,
Whereas, under the negotiations conducted pursuant to GATT Article XXIV(6) in the wake of the accession of Austria, Finland and Sweden to the European Community, it was agreed to open from 1 January 1996 annual import quotas for 63 000 tonnes of semi-milled and wholly milled rice covered by CN code 1006 30 at zero duty and for 20 000 tonnes of husked rice covered by CN code 1006 20 at a fixed duty of ECU 88 per tonne; whereas these quotas were included in the European Community list provided for in Article II(1)(a) of GATT 1994; whereas during the negotiations it was agreed with the United States of America that further consultations should take place on how to implement the agreed quotas; whereas these consultations have not yet been brought to an end; whereas imports of rice from the United States under the tariff quotas should occur only when the consultations have been concluded;
Whereas, under the consultations with Thailand pursuant to GATT Article XXIII, it was agreed to open an annual quota for 80 000 tonnes of broken rice covered by CN code 1006 40 00 at an import duty reduced by ECU 28 per tonne;
Whereas the aforementioned commitments provide that the administration of those quotas is to take account of traditional suppliers;
Whereas, with a view to preventing imports under those quotas from causing disturbance in the normal marketing of Community-grown rice, such imports should be staggered over the year so they can be absorbed more easily by the Community market;
Whereas, with a view to the sound administration of the aforementioned quotas and in particular in order to ensure that the quantities fixed are not exceeded, special detailed rules must be laid down to cover the submission of applications and the issue of licences; whereas such detailed rules must either supplement or derogate from Commission Regulation (EEC) No 3719/88 of 16 November 1998 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EC) No 1404/97 (4);
Whereas it should be stipulated that Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (5), as last amended by Regulation (EC) No 932/97 (6), applies under this Regulation;
Whereas the Commission adopted measures concerning the opening and administration of these tariff quotas on 5 July 1996; whereas these measures were not in accordance with the opinion of the Management Committee for Cereals; whereas the Commission deferred their application and communicated them to the Council; whereas, in accordance with Article 23(3) of Regulation (EEC) No 1766/92 (7), as last amended by Commission Regulation (EC) No 923/96 (8), the Council took a different decision within one month; whereas that decision relates to the monitoring by the Commission of traditional trade flows to the Community, particularly in terms of imports in small packages, and to the possible risk of subsidisation; whereas, therefore, the provisions introduced by the Council in this respect in Regulation (EC) No 1522/96 of 24 July 1996 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (9), as last amended by Commission Regulation (EC) No 112/97 (10), should be included;
Whereas, under the consultations with Thailand pursuant to GATT Article XXIII, it was agreed to adapt certain provisions of Regulation (EC) No 1522/96, in particular those relating to the period of validity of import licences and the distribution of quota quantities for wholly milled rice and broken rice; whereas, in order to abide by the outcome of these consultations, the January 1998 tranche for semi-milled and wholly milled rice originating in Thailand and for broken rice of all countries of origin should be completed by an additional tranche to be opened as from the entry into force of this Regulation;
Whereas, for the sake of clarity and simplification, Regulation (EC) No 1522/96 should be repealed and replaced by this Regulation;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Annual tariff quotas are hereby opened for imports into the Community of:
(a) 63 000 tonnes of semi-milled and wholly milled rice covered by CN code 1006 30 at zero duty (quota serial number 09.4076), broken down by country of origin as follows:
- 38 721 tonnes from the United States of America,
- 21 455 tonnes from Thailand,
- 1 019 tonnes from Australia,
- 1 805 tonnes from other countries;
(b) 20 000 tonnes of husked rice covered by CN code 1006 20 at a duty of ECU 88 per tonne (quota serial number 09.4077), broken down by country of origin as follows:
- 10 429 tonnes from Australia,
- 7 642 tonnes from the United States of America,
- 1 812 tonnes from Thailand,
- 117 tonnes from other countries;
(c) 80 000 tonnes of broken rice covered by CN code 1006 40 00 with a reduction of ECU 28 per tonne in the duty fixed in the Combined Nomenclature (quota serial number 09.4078), broken down by country of origin as follows:
- 41 600 tonnes from Thailand,
- 12 913 tonnes from Australia,
- 8 503 tonnes from Guyana,
- 7 281 tonnes from the United States of America,
- 9 703 tonnes from other countries.
2. Notwithstanding the second subparagraph of Article 2(3), the quantities of rice originating in the United States, as referred to in points (a) and (b) of paragraph 1, shall not be imported under the tariff quotas until the consultations with the United States have been brought to an end.
Article 2
1. Import licences shall be issued for the quota quantities referred to in Article 1 under the following tranches, expressed in tonnes:
(a) in the case of the quota referred to in Article 1(1)(a):
TABLE
(b) in the case of the quota referred to in Article 1(1)(b):
TABLE
(c) in the case of the quota referred to in Article 1(1)(c):
TABLE
2. However, in order to allow the issue for January 1998 of licences for the quantities set out in paragraph 1(a) in respect of the products originating in Thailand, and in paragraph 1(c) in respect of all countries of origin, a tranche shall be opened up to a maximum of:
(i) semi-milled and wholly milled rice covered by CN code 1006 30
TABLE
(ii) broken rice covered by CN code 1006 40 00
TABLE
Licence applications shall be lodged in the first 10 working days following the entry into force of this Regulation.
3. Quantities not covered by import licences issued in respect of a tranche shall be carried over to the following tranche of the relevant quota.
For quantities not covered by import licences issued under the September tranche, import licence applications may be submitted in respect of all countries of origin covered by the relevant quota under an additional tranche in October pursuant to Article 4(1), except as regards the quantities set out in paragraph 1(c) above.
Article 3
Where import licence applications are submitted in respect of rice and broken rice originating in Thailand and rice originating in Australia under the arrangements laid down in Article 1, they shall be accompanied by the original of the export certificate, as shown in Annexes I and II, to be issued by the competent body of the countries indicated therein. As regards sections 7, 8 and 9 of Annex I, the entries are optional. Export certificates issued in respect of the tranches specified in Article 2 shall be valid only for the relevant year.
Article 4
1. Licence applications shall be lodged with the competent authority in the Member State concerned in the first 10 working days of the month corresponding to each tranche.
2. Notwithstanding Article 10 of Regulation (EC) No 1162/95, the security for the import licences shall be:
- ECU 46 per tonne for the quotas provided for in Article 1(1)(a),
- ECU 22 per tonne for the quotas provided for in Article 1(1)(b),
- ECU 5 per tonne for the quotas provided for in Article 1(1)(c).
3. The country of origin shall be entered in section 8 of licence applications and of the import licences and the word 'yes` shall be marked with a cross.
4. Section 24 of the licences shall bear one of the following entries:
(a) in the case of the quota referred to in Article 1(1)(a):
- Exención del derecho de aduana hasta la cantidad indicada en las casillas 17 y 18 del presente certificado [Reglamento (CE) n° 327/98]
- Toldfri op til den mængde, der er angivet i rubrik 17 og 18 i denne licens (Forordning (EF) nr. 327/98)
- Zollfrei bis zu der in den Feldern 17 und 18 dieser Lizenz angegebenen Menge (Verordnung (EG) Nr. 327/98)
- Áôåëþò ìÝ÷ñé ôçí ðïóüôçôá ðïõ ïñßæåôáé óôá ôåôñáãùíßäéá 17 êáé 18 ôïõ ðáñüíôïò ðéóôïðïéçôéêïý [êáíïíéóìüò (ÅÊ) áñéè. 327/98]
- Exemption from customs duty up to the quantity indicated in sections 17 and 18 of this licence (Regulation (EC) No 327/98)
- Exemption du droit de douane jusqu'à la quantité indiquée dans les cases 17 et 18 du présent certificat [Règlement (CE) n° 327/98]
- Esenzione dal dazio doganale limitatamente alla quantità indicata nelle caselle 17 e 18 del presente titolo [regolamento (CE) n. 327/98]
- Vrijgesteld van douanerecht voor ten hoogste de in de vakken 17 en 18 van dit certificaat vermelde hoeveelheid (Verordening (EG) nr. 327/98)
- Isenção de direito aduaneiro até à quantidade indicada nas casas 17 e 18 do presente certificado [Regulamento (CE) nº 327/98]
- Tullivapaa tämän todistuksen kohdissa 17 ja 18 esitettyyn määrään asti (asetus (EY) N:o 327/98)
- Tullfri upp till den mängd som anges i fält 17 och 18 i denna licens (Förordning (EG) nr 327/98);
(b) in the case of the quota referred to in Article 1(1)(b):
- Derecho de aduana reducido a 88 ecus/t hasta la cantidad indicada en las casillas 17 y 18 del presente certificado [Reglamento (CE) n° 327/98]
- Nedsat told 88 ECU/t op til den mængde, der er angivet i rubrik 17 og 18 i denne licens (Forordning (EF) nr. 327/98)
- Ermäßigter Zollsatz von 88 ECU/t bis zu der in den Feldern 17 und 18 dieser Lizenz angegebenen Menge (Verordnung (EG) Nr. 327/98)
- ÌåéùìÝíïò äáóìüò óå 88 Ecu áíÜ ôüíï ìÝ÷ñé ôçí ðïóüôçôá ðïõ ïñßæåôáé óôá ôåôñáãùíßäéá 17 êáé 18 ôïõ ðáñüíôïò ðéóôïðïéçôéêïý [êáíïíéóìüò (ÅÊ) áñéè. 327/98]
- Reduced duty to ECU 88 per tonne up to the quantity indicated in sections 17 and 18 of this licence (Regulation (EC) No 327/98)
- Droit réduit à 88 écus par tonne jusqu'à la quantité indiquée dans les cases 17 et 18 du présent certificat (Règlement (CE) n° 327/98)
- Dazio ridotto a 88 ECU/t limitatamente alla quantità indicata nelle caselle 17 e 18 del presente titolo (regolamento (CE) n. 327/98)
- Verminderd douanerecht van 88 ECU/ton voor ten hoogste de in de vakken 17 en 18 van dit certificaat vermelde hoeveelheid (Verordening (EG) nr. 327/98)
- Direito reduzido a 88 ecus/t até à quantidade indicada nas casas 17 e 18 do presente certificado [Regulamento (CE) nº 327/98]
- Tulli, joka on alennettu 88 ecuun/t tämän todistuksen kohdissa 17 ja 18 esitettyyn määrään asti (asetus (EY) N:o 327/98)
- Tullsatsen nedsatt till 88 ecu/t upp till den mängd som anges i fält 17 och 18 i denna licens (Förordning (EG) nr 327/98);
(c) in the case of the quota referred to in Article 1(1)(c):
- Derecho de aduana reducido de 28 ecus/t hasta la cantidad indicada en las casillas 17 y 18 del presente certificado [Reglamento (CE) n° 327/98]
- Reduceret afgift med 28 ECU/t op til den mængde, der er angivet i rubrik 17 og 18 i denne licens (Forordning (EF) nr. 327/98)
- Um 28 ECU/t ermäßigter Zollsatz bis zu der in den Feldern 17 und 18 dieser Lizenz angegebenen Menge (Verordnung (EG) Nr. 327/98)
- ÌåéùìÝíïò äáóìüò êáôÜ 28 Ecu áíÜ ôüíï ìÝ÷ñé ôçí ðïóüôçôá ðïõ ïñßæåôáé óôá ôåôñáãùíßäéá 17 êáé 18 ôïõ ðáñüíôïò ðéóôïðïéçôéêïý [êáíïíéóìüò (ÅÊ) áñéè. 327/98]
- Reduced duty by ECU 28 per tonne up to the quantity indicated in sections 17 and 18 of this licence (Regulation (EC) No 327/98)
- Droit réduit de 28 écus par tonne jusqu'à la quantité indiquée dans les cases 17 et 18 du présent certificat (Règlement (CE) n° 327/98)
- Dazio ridotto di 28 ECU/t limitatamente alla quantità indicata nelle caselle 17 e 18 del presente titolo (regolamento (CE) n. 327/98)
- Douanerecht verminderd met 28 ECU/ton voor ten hoogste de in de vakken 17 en 18 van dit certificaat vermelde hoeveelheid (Verordening (EG) nr. 327/98)
- Direito reduzido em 28 ecus/t até à quantidade indicada nas casas 17 e 18 do presente certificado [Regulamento (CE) nº 327/98]
- Tulli, jota on alennettu 28 ecua/t tämän todistuksen kohdissa 17 ja 18 esitettyyn määrään asti (asetus (EY) N:o 327/98)
- Tullsatsen nedsatt med 28 ecu/t upp till den mängd som anges i fält 17 och 18 i denna licens (Förordning (EG) nr 327/98).
5. Import licence applications shall be admissible only where the following conditions are fulfilled:
- applications must be submitted by natural or legal persons who, in at least one of the three years preceding the data of submission of the application, were engaged in trade in rice or submitted import licence applications covering rice and were entered in a public register of a Member State,
- applicants must submit their applications in the Member State where they are entered in a public register. Where applications are submitted by the same person in two or more Member States, none of those applications shall be admissible,
- where no export certificate is required, applicants must submit only one application within the maximum quantity provided for in respect of each tranche and country of origin.
Article 5
1. Within two working days of the closing date for the submission of licence applications, the Member State shall notify the Commission by fax or telex and in accordance with Annex III to this Regulation of the quantities, broken down by eight-figure CN code and country of origin, covered by import licence applications, with details of the number of the licence applied for and the name and address of the applicant.
Such notification shall also be made where no application has been submitted in a Member State.
The above information must be notified separately from that relating to other import licence applications covering rice and in accordance with the same procedure.
2. Within 10 days of the closing date for notification by the Member States, the Commission shall:
- decide to what extent the applications may be accepted. Where the quantities applied for exceed those available in respect of the tranche and country of origin in question, it shall set a percentage reduction to be applied to each application,
- fix the quantities available under the following tranche and, where appropriate, under the additional tranche in October.
3. If the reduction referred to in the first indent of paragraph 2 results in one or more quantities of less than 20 tonnes per application, the Member State shall allocate the total of these quantities by drawing lots in 20 tonne lots and, where applicable, the remaining lot.
Article 6
1. Within three working days of the date of publication of the Commission's decision, import licences shall be issued for the quantities resulting from the application of Article 5(2).
Where the quantities covered by import licences issued are lower than those applied for, the security fixed in Article 4(2) shall be reduced proportionately.
2. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, rights accuring under import licences shall not be transferable.
Article 7
1. The fourth indent of Article 5(1) of Regulation (EEC) No 3719/88 shall not apply.
2. The benefits in terms of customs duties provided for in Article 1(1) shall not apply to quantities imported under the tolerance specified in Article 8(4) of Regulation (EEC) No 3719/88.
3. Article 33(5) of Regulation (EEC) No 3719/88 shall apply.
4. Notwithstanding Article 6 of Regulation (EC) No 1162/95 and under Article 21(2) of Regulation (EEC) No 3719/88:
- import licences for husked, semi-milled and wholly milled rice shall be valid from their actual day of issue until the end of the third month thereafter,
- import licences for broken rice shall be valid from their actual day of issue until 31 December of the year of issue of the licence.
However, the period of validity of import licences may not extend beyond 31 December of the year of issue.
Article 8
The competent bodies shall notify the Commission by fax or telex and in accordance with Annex III to this Regulation:
- within two working days of their issue, of the quantities, broken down by eight-figure CN code and country of origin, covered by the import licences issued, with details of the date of issue, licence number and the name and address of the holder,
- within two months of the expiry of the period of validity of each licence, of the quantities, broken down by eight-figure CN code, package and country of origin, actually released for free circulation, with details of the date of release for free circulation, the number of the licence used and the name and address of the holder.
Such notifications must also be made where no licence has been issued and no imports have taken place.
Article 9
1. The Commission shall monitor the quantities of goods imported under this Regulation, with a view in particular to establishing:
- the extent to which traditional trade flows, in terms of volume and presentation, to the enlarged Community are significantly changed, and
- whether there is subsidisation between exports benefiting directly from this Regulation and exports subject to the normal import charge.
2. If either of the criteria set out in the indents in paragraph 1 is met, and in particular if the imports of rice in packages of five kilograms or less exceed the figure of 33 428 tonnes, and in any event on an annual basis, the Commission shall submit a report to the Council accompanied, if necessary, by appropriate proposals to avoid disruption of the Community rice sector.
3. Quantities imported in packages of the kind referred to in paragraph 2 and released for free circulation shall be indicated in the relevant import licence in accordance with Article 22 of Regulation (EC) No 3719/88.
Article 10
1. Regulation (EC) No 1522/96 is replaced.
2. This Regulation shall not apply to licences issued pursuant to Regulation (EC) No 1522/96.
Article 11
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Council Decision
of 22 December 2003
amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
(2003/916/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the ACP-EC Partnership Agreement(1), which entered into force on 1 April 2003, and in particular Article 96 thereof,
Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(2), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) On the basis of Decision 2001/131/EC(3), the provision of financial aid to Haiti is partially suspended as "appropriate measures" pursuant to Article 96(2)(c) of the ACP-EC Partnership Agreement.
(2) The Decision 2001/131/EC expires on 31 December 2003 and requires a review of the measures before this date.
(3) Democratic principles are still not upheld in Haiti. However, actions to support democratization, the strengthening of the rule of law and the electoral process deserve to be supported, and in particular in support of the mission with which the Organisation of American States was entrusted by its Resolutions No 806, No 822 and No 1959. Actions to strengthen civil society and the private sector, to fight poverty, to give humanitarian and emergency assistance and those of direct benefit to the Haitian people should be further implemented,
HAS DECIDED AS FOLLOWS:
Article 1
Decision 2001/131/EC is hereby amended as follows:
1. In the second and third paragraphs of Article 3, the date of 31 December 2003 shall be replaced by "31 December 2004";
(i) in the second subparagraph "31 December 2003" shall be replaced by "31 December 2004";
(ii) the third subparagraph shall be replaced by the following:"It shall be reviewed regularly and at least within six months."
2. The Annex shall be replaced by the text appearing in the Annex to this Decision.
Article 2
This Decision shall take effect the day of its adoption.
This Decision shall be published in the Official Journal of the European Union
Done at Brussels, 22 December 2003. | [
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COMMISSION REGULATION (EC) No 500/2006
of 28 March 2006
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 494/2006 (4).
(2)
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 March 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1165/2007
of 3 September 2007
establishing for 2007 the ‘Prodcom list’ of industrial products provided for by Council Regulation (EEC) No 3924/91
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production (1), and in particular Article 2(6) thereof,
Whereas:
(1)
Regulation (EEC) No 3924/91 requires Member States to carry out a Community survey of industrial production.
(2)
The survey of industrial production must be based on a list of products identifying the industrial production to be surveyed.
(3)
A list of products is necessary to permit alignment between production statistics and external trade statistics and to afford comparison with the Community product nomenclature CPA.
(4)
The list of products required by Regulation (EEC) No 3924/91, referred to as the ‘Prodcom list’, is common to all Member States, and is necessary in order to compare data across Member States.
(5)
The Prodcom list needs to be updated; it is therefore necessary to establish the list for 2007.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom (2),
HAS ADOPTED THIS REGULATION:
Article 1
The Prodcom list for 2007 shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 September 2007. | [
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COMMISSION REGULATION (EC) No 37/1999 of 8 January 1999 fixing the standard fee per farm return for the 1999 accounting year of the farm accountancy data network
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operating of agricultural holdings in the European Economic Community (1), as last amended by Regulation (EC) No 1256/97 (2), and in particular Article 9(2) thereof,
Whereas Article 5 of Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementation rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (3) provides that a standard fee shall be fixed to be paid by the Commission to the Member States for each farm return completed;
Whereas Commission Regulation (EC) No 22/98 (4) fixes the standard fee for the 1998 accounting year at ECU 126 per farm return;
Whereas the trend in costs and its effects on the cost of completing the farm return do not justify a revision of the fee;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Community Committee on the Farm Accountancy Data Network,
HAS ADOPTED THIS REGULATION:
Article 1
The standard fee paid by the Commission to Member States for each duly completed farm return is hereby fixed at EUR 126 for the 1999 accounting year.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply for the 1999 accounting year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 January 1999. | [
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*****
COMMISSION DECISION
of 10 August 1988
on the approval of the programme for the development of agriculture in the French overseas departments pursuant to Council Directive 81/527/EEC
(Only the French text is authentic)
(88/492/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 81/527/EEC of 30 June 1981 on the development of agriculture in the French overseas departments (1), as last amended by Directive 87/522/EEC (2), and in particular Article 2 thereof,
Whereas on 15 April 1988 the French Government communicated a new modification of the programme for the development of agriculture in the French overseas departments approved by Commission Decisions 82/115/EEC (3) and 87/137/EEC (4);
Whereas this modification, which revises the estimates relating to the scale of certain works in order to reflect both the increase in the original level of funding by 30 million ECU and the special requirements of application in the various territories involved, complies with the aims and conditions laid down in Directive 81/527/EEC;
Whereas the European Agricultural Guidance and Guarantee Fund (EAGGF) Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The modification of the programme for the development of agriculture in the French overseas departments submitted by the French Government on 15 April 1988 pursuant to Directive 81/527/EEC is hereby approved.
Article 2
By 30 June each year the French Government shall submit a progress report on the programme covering all the measures planned in the departments concerned by Directive 81/527/EEC.
The report, which shall cover each department in turn, shall deal separately with the following headings:
1. collective irrigation;
2. improvement of agricultural infrastructure;
3. soil improvement and various categories of protection measures;
4. reafforestation and forestry improvement;
5. measures to encourage stock-farming and crop diversification.
The data sheets making up the report shall adopt the format of the model contained in the Annex.
Article 3
This Decision is addressed to the French Republic.
Done at Brussels, 10 August 1988. | [
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****
( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .
( 2 ) OJ NO L 169 , 18 . 7 . 1968 , P . 4 .
( 3 ) OJ NO L 90 , 4 . 4 . 1981 , P . 15 .
( 4 ) OJ NO L 56 , 3 . 3 . 1975 , P . 20 .
( 5 ) OJ NO L 169 , 26 . 6 . 1981 , P . 16 .
( 6 ) OJ NO L 199 , 7 . 8 . 1979 , P . 1 .
( 7 ) OJ NO L 363 , 31 . 12 . 1980 , P . 50 .
( 8 ) OJ NO L 338 , 13 . 12 . 1980 , P . 1 .
COMMISSION REGULATION ( EEC ) NO 2282/81
OF 7 AUGUST 1981
AMENDING REGULATION ( EEC ) NO 532/75 CONCERNING THE RECOVERY ON EXPORTATION OF AIDS GRANTED IN RESPECT OF SKIMMED-MILK POWDER FOR USE AS FEED AND IN RESPECT OF SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS
THE COMMISSION OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF ,
WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 986/68 ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 855/81 ( 3 ), PROVIDES THAT WHERE SKIMMED MILK OR SKIMMED-MILK POWDER IS EXPORTED IN THE FORM OF DENATURED SKIMMED-MILK POWDER OR COMPOUND FEEDINGSTUFFS ANY AID PAID OUT IN RESPECT THEREOF IS TO BE RECOVERED ; WHEREAS , TO THAT END , AN AMOUNT EQUAL TO THE AMOUNT OF THE AID IS TO BE CHARGED AT THE TIME OF EXPORTATION ; WHEREAS THE AMOUNTS TO BE SO CHARGED AND THE ADMINISTRATIVE PROCEDURE TO BE FOLLOWED IN SUCH CASE WERE FIXED BY COMMISSION REGULATION ( EEC ) NO 532/75 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1686/81 ( 5 );
WHEREAS IT IS APPROPRIATE TO REPLACE IN REGULATION ( EEC ) NO 532/75 REFERENCES TO COMMISSION REGULATIONS ( EEC ) NO 990/72 AND ( EEC ) NO 193/75 , BY REFERENCES TO THOSE REGULATIONS WHICH HAVE IN THE MEANTIME REPLACED THEM , THAT IS TO SAY REGULATION ( EEC ) NO 1725/79 ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3474/80 ( 7 ), AND REGULATION ( EEC ) NO 3183/80 ( 8 );
WHEREAS , AT THE SAME TIME , ERRORS IN THE DANISH TEXT OF THE ANNEX TO REGULATION ( EEC ) NO 532/75 SHOULD BE CORRECTED ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE FOR MILK AND MILK PRODUCTS ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
REGULATION ( EEC ) NO 532/75 IS HEREBY AMENDED AS FOLLOWS :
1 . IN ARTICLE 1 ( 2 ) THE WORDS ' REGULATION ( EEC ) NO 990/72 ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 453/73 ( 8 ) ' ARE REPLACED BY THE WORDS ' REGULATION ( EEC ) NO 1725/79 ( 7 ).
( 7 ) OJ NO L 199 , 7 . 8 . 1979 , P . 1 . '
2 . IN ARTICLE 2 ( 1 ) THE WORDS ' ( B ) OF THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 3 ) OF REGULATION ( EEC ) NO 193/75 ( 1 ) ' ARE REPLACED BY THE WORDS ' ARTICLE 22 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 3183/80 ( 1 ).
( 1 ) OJ NO L 338 , 13 . 12 . 1980 , P . 1 . '
3 . IN THE ANNEX , AS REGARDS COMMON CUSTOMS TARIFF SUBHEADINGS EX 04.02 A II AND EX 04.02 B I , THE REFERENCE IN THE DESCRIPTION TO ' ARTICLE 2 OF REGULATION ( EEC ) NO 990/72 ' IS REPLACED BY A REFERENCE TO ' ARTICLE 3 OF REGULATION ( EEC ) NO 1725/79 ' .
ARTICLE 2
IN THE DANISH TEXT OF REGULATION ( EEC ) NO 532/75 , THE ANNEX IS REPLACED BY THE ANNEX TO THIS REGULATION .
ARTICLE 3
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 7 AUGUST 1981 . | [
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COMMISSION DECISION of 18 March 1994 amending Decision 90/185/Euratom, EEC authorizing Greece to use certain approximate estimates for the calculation of the VAT own resources base (Only the Greek text is authentic) (94/194/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accuring from value added tax (1), and in particular Article 13 thereof,
Whereas, under Article 28 (3) of the Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (2), hereinafter called 'the Sixth Directive', the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT own resources base;
Whereas with effect from 1 January 1990 the possibility afforded Member States of continuing to tax or exempt certain transactions listed in Annexes E and F to the Sixth Directive was terminated by virtue of the first paragraph of Article 1 (1) and point 2 (a) of Directive 89/465/EEC (3); whereas, consequently, the authorizations granted in this connection by the Commission for the purposes of determining the VAT own resources base should also be discontinued;
Whereas, in the case of Greece, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/185/Euratom, EEC (4) authorizing Greece, with effect from 1989, to use certain approximate estimates for the calculation of the VAT own resources base;
Whereas, since 25 November 1992, Greece has taxed the transactions referred to in point 9 of Annex F to the Sixth VAT Directive; whereas the authorization granted in this connection should be discontinued with effect from that date;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Article 1 (2) of Decision 90/185/Euratom, EEC is hereby repealed in respect of transactions conducted with effect from 25 November 1992.
Article 2
This Decision is addressed to the Hellenic Republic.
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Commission Regulation (EC) No 1883/2003
of 27 October 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(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,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 2003. | [
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*****
COUNCIL REGULATION (EEC) No 882/86
of 24 March 1986
amending for the ninth time Regulation (EEC) No 1837/80 on the common organization of the market in sheepmeat and goatmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1837/80 of 27 June 1980 on the common organization of the market in sheepmeat and goatmeat (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 5 (9) thereof,
Having regard to the proposal from the Commission,
Whereas, by Regulation (EEC) No 3523/85 amending for the sixth time Regulation (EEC) No 1837/80 (1), the Council extended to goatmeat producers the premium scheme for sheepmeat producers, subject to certain conditions; whereas under Article 5 (9) of Regulation (EEC) No 1837/80 the premium will become payable in certain areas, to be determined, of Spain and Portugal should be the same as those for the other Member States, namely to restrict budget expenditure on the scheme to areas of the Community where goats are farmed in a similar way to that used for sheep, and to avoid encouraging milk production in areas where there is already a large surplus,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EEC) No 1837/80 is hereby supplemented by the following:
1.2 // '4. Spain: // the autonomous communities of Andalusia, Aragón, the Balearic Islands, Castile-La Mancha, Castile-Léon, Catalonia, Extremadura, Galicia (with the exception of the provinces of Corunna and Lugo), Madrid, Murcia, la Rioja and Valenciana. // 5. Portugal: // the whole country, with the exception of the Azores and Madeira.'.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 1986. | [
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COMMISSION REGULATION (EC) No 43/2006
of 12 January 2006
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 10 January 2006.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 10 January 2006, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation shall be as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 13 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2006. | [
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Commission Regulation (EC) No 449/2001
of 2 March 2001
laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(1), as last amended by Regulation (EC) No 2699/2000(2), and in particular Article 1(3), Article 3(2), Article 6, Article 6b(3), Article 6c(7), Article 25, Article 26 and Article 27(1) thereof,
Whereas:
(1) Regulation (EC) No 2201/96 introduced, on the one hand, aid to producer organisations delivering tomatoes, peaches and pears for processing into the products listed in Annex I to that Regulation and, on the other hand, aid to processors of prunes and figs. These products must be obtained from fruit and vegetables harvested in the Community.
(2) To ensure that the scheme is applied uniformly, the products listed in Article 6a(1) of Regulation (EC) No 2201/96 and in Annex I thereto, the marketing years applicable to those products and the delivery periods for the raw materials should be defined.
(3) The new scheme must be able to operate from the outset with a sufficient number of producer organisations and, for the sake of consistency and by analogy with Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits(3), as last amended by Regulation (EC) No 2699/2000, the term "producer organisations provisionally authorised" appearing in the first subparagraphs of Article 3(1) and Article 6a(2) of Regulation (EC) No 2201/96 must include producer organisations which have been granted preliminary recognition under Article 14 of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(4), as last amended by Regulation (EC) No 2826/2000(5), as well as the producer organisations referred to in Article 13 of that Regulation.
(4) The production aid scheme is based on contracts between producer organisations recognised or granted preliminary recognition under Regulation (EC) No 2200/96 or individual producers during the 2001/02 marketing year, on the one hand, and processors, on the other hand. Producers and producer organisations may also act as processors in certain circumstances. The types of contracts and the particulars to be included therein should be specified for the purposes of applying the aid scheme.
(5) In order to improve the way the scheme operates, the authorities should know of all producer organisations marketing the production of their members, of members of other producer organisations and of individual producers and wishing to qualify under the scheme. The authorities should also know of the processors signing contracts with such producer organisations; in addition, such processors should send the authorities the information necessary to ensure that the scheme operates correctly. Processors of tomatoes, peaches and pears must be approved before they may conclude contracts.
(6) Contracts must be concluded by a given date in the case of tomatoes, peaches and pears and before the beginning of each marketing year in the case of the other products. To ensure that the scheme is as effective as possible, the parties to such contracts should nevertheless be authorised to increase the quantities originally stipulated therein up to a given limit by means of amendments to the contracts.
(7) The number of aid applications to be submitted by producer organisations and processors must be determined taking account of the processing process. Applications for aid must include all the information needed for checking eligibility. To compensate for the obligations imposed on producer organisations, provision should be made for the aid to be paid in advance, on condition that a security is lodged to ensure reimbursement if the requirements for receiving the advance payment are not complied with.
(8) In order to ensure that the aid scheme is properly applied, producer organisations and processors must forward the necessary information and keep up-to-date suitable documentation and should, in particular, specify the areas under tomatoes, peaches and pears, on the basis of Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes(6), as last amended by Regulation (EC) No 1593/2000(7), and Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(8), as last amended by Regulation (EC) No 2721/2000(9), for the purposes of all inspections and controls deemed necessary.
(9) For the purposes of administering the aid scheme, procedures must be laid down for physical and documentary checks on delivery and processing operations, checks must cover a sufficiently representative number of aid applications and certain penalties must be laid down for producer organisations and processors which breach the regulations, in particular by making false declarations or failing to process products delivered.
(10) The measures provided for in this Regulation are to replace those laid down in Commission Regulation (EC) No 504/97 of 19 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables(10), as last amended by Regulation (EC) No 1607/1999(11). That Regulation should therefore be repealed.
(11) Regulation (EC) No 2699/2000 abolishes the quota and minimum price arrangements in particular in the case of tomatoes. Commission Regulation (EEC) No 1709/84 of 19 June 1984 on minimum prices payable to producers and amounts of production aid for certain processed fruit and vegetables eligible for production aid(12), as last amended by Regulation (EC) No 1573/1999(13), Commission Regulation (EEC) No 2022/92 of 20 July 1992 on detailed rules of application for the minimum price to be paid to producers for certain tomatoes delivered for processing and repealing Regulation (EEC) No 2036/91(14) and Commission Regulation (EC) No 661/97 of 16 April 1997 laying down detailed rules for the application of Regulation (EC) No 2201/96 as regards the system of quotas for processed tomato products(15), as amended by Commission Regulation (EC) No 2807/98(16), should therefore be repealed.
(12) To ensure a smooth switchover from the old to the new scheme, transitional measures should be adopted, in particular in the case of processors signing contracts with individual producers during the 2001/02 marketing year, as well as for the final date for signing contracts for tomatoes and for applying the integrated system for management of areas.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
TITLE I
Definitions and marketing years
Article 1
1. For the purposes of this Regulation the following definitions shall apply:
(a) "producer organisations" means producer organisations as referred to in Articles 11 and 13 of Regulation (EC) No 2200/96 and producer organisations granted preliminary recognition under Article 14 of that Regulation;
(b) "association of producer organisations" means associations as referred to in Article 16(3) of Regulation (EC) No 2200/96;
(c) "individual producer" means any natural or legal person not belonging to a producer organisation and growing on their holding raw material intended for processing;
(d) "processor" means a processing enterprise operating, for economic ends and on its own responsibility, one or more plants with facilities for manufacturing one or more of the products listed in paragraph 2(a) to (o) and, where applicable, approved in accordance with Article 3(1);
(e) "quantity" means quantity expressed in net weight unless otherwise indicated.
2. "Products listed in Annex I to Regulation (EC) No 2201/96" means the following products:
(a) peaches in syrup and/or in natural fruit juice: whole peaches or pieces of peaches, without peel, having undergone a heat treatment, packed in hermetically sealed containers with a covering liquid of sugar syrup or natural fruit juice and covered by CN codes ex20087061, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99;
(b) pears in syrup and/or in natural fruit juice: pears of the Williams or Rocha varieties, whole or in pieces, without peel, having undergone a heat treatment, packed in hermetically sealed containers with a covering liquid of sugar syrup or natural fruit juice and covered by CN codes ex20084051, ex 2008 40 59, 2008 40 71, ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99;
(c) mixed fruit: mixtures of fruit, whole or in pieces, without peel, having undergone a heat treatment, with a covering liquid of sugar syrup or natural fruit juice, packed in hermetically sealed containers in which the drained net weight of peaches and Williams and Rocha pears accounts for at least 60 % of the total net drained weight, covered by CN codes ex200892 and ex 2008 99, and made directly from fresh peaches and/or Williams and Rocha pears during the periods indicated in Article 2(2)(b) and (c);
(d) prunes: prunes obtained from dried plums of the prune d'Ente variety which have been suitably treated or processed and are packed in appropriate containers, covered by CN code ex08132000 and ready to be offered for human consumption;
(e) dried figs: dried figs, including fig paste, which have been suitably treated or processed and are packed in appropriate containers, covered by CN code ex08042090 and ready to be offered for human consumption;
(f) whole peeled quick frozen tomatoes: peeled tomatoes of the oblong varieties, frozen, packed in appropriate containers and covered by CN code ex07108070, where not less than 90 % of the net weight of the tomatoes consists of whole tomatoes not showing any damage which substantially alters their appearance. That percentage shall be determined after the tomatoes have been thawed;
(g) non-whole peeled quick frozen tomatoes: pieces of peeled tomatoes of the oblong varieties, or round varieties which are as easy to peel as the oblong varieties, frozen, packed in appropriate containers and covered by CN code ex07108070;
(h) whole peeled preserved tomatoes: peeled tomatoes of the oblong varieties, having undergone a heat treatment, packed in hermetically sealed containers and covered by CN code ex20021010, where not less than 65 % of the weight of the drained tomatoes consists of whole tomatoes which do not show damage which substantially alters their appearance;
(i) non-whole peeled preserved tomatoes: peeled tomatoes in pieces or partially crushed, of the oblong varieties, or round varieties which are as easy to peel as the oblong varieties, having undergone a heat treatment, packed in hermetically sealed containers and covered by CN code ex20021010. Where these products are to be used to make the products indicated at point (o), they shall be packed in appropriate containers;
(j) tomato flakes: flakes obtained by drying tomatoes cut into slivers or small cubes, packed in appropriate containers and covered by CN code ex07129030;
(k) tomato juice: juice obtained directly from fresh tomatoes and strained free from skins, pips and other coarse parts, having a dry matter content, where applicable after concentration, of less than 12 %, packed in hermetically sealed containers and covered by CN codes ex20029011, ex 2002 90 19, 2009 50 10 and 2009 50 90. Juice with a dry matter content of at least 7 % may however contain skin and pips constituting up to 4 % by weight of the product. Where these products are to be used to make the products indicated at point (o), they shall be packed in appropriate containers;
(l) tomato concentrate: the product obtained by concentrating tomato juice, packed in appropriate containers, having a dry matter content of 12 % or more and covered by CN codes ex20029031, ex 2002 90 39, ex 2002 90 91 and ex 2002 90 99. Concentrate having a dry matter content of not more than 18 % or of between 18 % and 24 % may contain not more than 4 % or 7 %, respectively, skin and pips by weight of product;
(m) whole unpeeled preserved tomatoes: whole unpeeled tomatoes of the oblong or round varieties, having undergone a heat treatment, packed in hermetically sealed containers, lightly brined (tomatoes in brine) or in tomato puree (tomatoes in puree or in juice), where not less than 65 % of the weight of the drained tomatoes consists of whole tomatoes not showing any damage which substantially alters their appearance, and covered by CN code ex20021090. Where these products are to be used to make the products indicated at point (o), they shall be packed in appropriate containers;
(n) non-whole unpeeled preserved tomatoes: tomatoes in pieces or partially crushed, of the oblong or round varieties, having been slightly strained, whether or not slightly concentrated, packed in hermetically sealed containers, with a dry matter content of between 4,5 % and 14 %, and covered by CN code ex20021090. Where these products are to be used to make the products indicated at point (o), they shall be packed in appropriate containers;
(o) prepared sauces: tomato-based preparations obtained by mixing one of the products referred to at (i), (k), (l), (m) or (n) above with other products of plant or animal origin except fresh tomatoes, having undergone a heat treatment, packed in hermetically sealed containers where the net weight of the products referred to at (i), (k), (l), (m) or (n) accounts for at least 60 % of the total net weight of the prepared sauce. These products must be made during the period indicated in Article 2(2) in the same establishment as the products referred to at (i), (k), (l), (m) or (n) used;
(p) sugar syrup: a liquid in which water is combined with sugars and which has a total sugar content determined after homogenisation of not less than 14 % when used to cover fruits in syrup;
(q) natural fruit juice: a covering liquid with a minimum of 10,5° Brix, consisting solely of fermentable but unfermented juice extracted mechanically from fruit, or of juice obtained from concentrated fruit juice by the restoration of the proportion of water extracted during concentration, as defined in Council Directive 93/77/EEC(17), without added sugar.
Article 2
1. The marketing years within the meaning of Article 1(3) of Regulation (EC) No 2201/96 for the products listed in Article 1(2) of this Regulation shall run:
(a) from 15 June to 14 June in the case of products processed from tomatoes and products processed from peaches;
(b) from 15 July to 14 July in the case of products processed from pears;
(c) from 1 August to 31 July in the case of dried figs;
(d) from 15 August to 14 August in the case of prunes.
2. Aid shall be granted solely on products delivered to the processing industry in the following delivery periods:
(a) tomatoes: between 15 June and 15 November;
(b) peaches: between 15 June and 25 October;
(c) pears: between 15 July and 15 December;
(d) dried plums obtained from plums of the prune d'Ente variety: between 15 August and 15 January;
(e) dried figs: between 1 August and 15 June.
3. The Commission shall publish the amount of the aid, fixed in accordance with Article 6(1) of Regulation (EC) No 2201/96, before the beginning of each marketing year and no later than:
(a) 31 January for tomatoes;
(b) 31 May for peaches and pears.
TITLE II
Contracts
Article 3
1. Contracts as referred to in Articles 3 and 6a of Regulation (EC) No 2201/96 shall be concluded in writing. Contracts shall bear an identification number.
Processors of tomatoes, peaches and pears wishing to participate in the-aid scheme shall submit an application for approval to the body designated by the Member State before a date to be determined by the latter. The Member States shall publish a list of approved processors at least one month before the final date for signature of contracts each year.
The Member States shall lay down the requirements for approval and notify them to the Commission.
2. Contracts may take one of the following forms:
(a) a contract between a producer organisation or association of producer organisations, and a processor;
(b) a commitment to supply, where the producer organisation acts as a processor.
Only one contract may be signed between a producer organisation and a processor.
In the case of tomatoes, peaches and, pears, contracts may be concluded only with approved processors.
3. Each year, contracts shall be signed no later than:
(a) 15 February, in the case of tomatoes;
(b) 15 July, and seven working days before deliveries are to commence, in the case of peaches;
(c) 31 July, and seven working days before deliveries are to commence, in the case of pears;
(d) before the start of the marketing year, in the case of the other products.
The Member States may postpone the date fixed at point (a) until 10 March.
Should the amount of the aid for tomatoes not have been published in the Official Journal of the European Communities by the date laid down in Article 2(3), the date fixed at point (a) shall be postponed until the 15th day following the date of actual publication.
Should the minimum price to be paid to producers for plums or dried figs not have been published in the Official Journal of the European Communities by 15 days before the date provided for at point (d), that date shall be postponed until the 15th day following the date of actual publication.
4. Contracts must specify, in particular:
(a) the name and address of the producer organisation;
(b) the name and address of the processor;
(c) the quantities of raw materials to be delivered for processing;
(d) the obligation on processors to process the quantities delivered under the contract concerned into one of the products listed in Annex I to Regulation (EC) No 2201/96, which must meet the standards laid down in accordance with Article 8 of that Regulation;
(e) the price to be paid for the raw materials, which may vary by variety and/or quality and/or delivery period.
In the case of tomatoes, peaches and pears, the contract shall also indicate the delivery stage to which that price applies and the payment terms. Any payment deadline may not exceed 60 days from the date of delivery of each consignment;
(f) the compensation payable should either party fail to fulfil their contractual obligations, in particular as regards payment deadlines and the obligation to deliver and accept the quantities covered by the contract.
5. The Member States may adopt additional provisions covering contracts, in particular as regards compensation payable by processors or producer organisations that fail to fulfil their contractual obligations.
6. The parties may decide to increase the quantities originally stipulated in a processing contract by means of a written amendment thereto.
Such amendments shall show the identification number of the contract to which the relate, and shall be signed no later than:
- 15 August for peaches;
- 15 September for tomatoes and pears;
- 15 November for dried plums obtained from plums of the prune d'Ente variety and dried figs.
Such amendments may increase the quantity originally stipulated in the contract by no more than 30 %. However, until the 2003/04 marketing year, amendments to contracts for unprocessed dried figs intended for the production of fig pastes may be concluded no later than 31 May and may increase the quantities originally stipulated in the contracts by no more than 100 %.
The price of the additional quantity fixed in the amendment may differ from the price referred to in paragraph 4(e).
7. In the case of prunes and figs, the price referred to in paragraphs 4(e) and 6 shall not include, in particular, costs connected with packing, loading, transport, unloading and the payment of taxes, which shall, where applicable, be indicated separately. The price shall not be lower than the minimum price fixed under Article 6b of Regulation (EC) No 2201/96.
Article 4
In the case of a commitment to supply within the meaning of Article 3(2)(b), contracts covering the production of the members of the producer organisation concerned shall be deemed to have been concluded after the following particulars have been forwarded to the competent authority:
(a) the name and address of each producer and the reference data and areas of the parcels on which each producer cultivates the raw materials;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) an undertaking by the producer organisation to process the quantities delivered under the contract in question.
This information must be sent before 20 May in the case of tomatoes and within the time laid down in Article 5(3) in the case of the other products.
Article 5
1. In the case of tomatoes, peaches and pears, producer organisations signing contracts shall forward a copy of each contract and any amendments thereto to the body designated by the Member State in which their head office is situated.
The total quantity covered by all the contracts signed by a given producer organisation may not exceed, per product, the quantity intended for processing indicated by that producer organisation under paragraph 5 of this Article and Article 4.
2. Processors of prunes and dried figs shall forward a copy of each contract and any amendments thereto to the body designated by the Member State where processing takes place.
3. Such copies must reach the competent authorities no later than 10 working days after the conclusion of the contract or amendment thereto and no less than five working days before the start of deliveries.
4. In exceptional and duly justified cases, the Member States may accept contracts and amendments thereto that reach their authorities after the time limit laid down in paragraph 3, provided that such late arrival does not hinder their checks.
5. Producer organisations signing contracts for tomatoes, peaches or pears shall forward the following information to the body referred to in paragraph 1, broken down by product:
(a) the name and address of each producer covered by the contracts and the reference data and areas of the parcels on which each producer cultivates the raw materials;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) in the case of tomatoes, the average yields per hectare of round and/or oblong tomatoes produced by the organisation during the previous two marketing years.
This information shall be forwarded before 20 May in the case of tomatoes and included in the notification referred to in paragraph 1 in the case of peaches and pears.
6. Where producer organisations as referred to in paragraph 5:
(a) market quantities intended for processing produced by members of other producer organisations under the second and third indents of Article 11(1)(c)(3) of Regulation (EC) No 2200/96, and/or
(b) pass on the benefit of the aid scheme to individual producers under Articles 3(3) and 6a(2) of Regulation (EC) No 2201/96,
the information required in paragraph 5 shall be supplied to the producer organisation signing the contract by the producer organisations referred to in (a) and the individual producers referred to in (b).
7. Producer organisations and individual producers as referred to in paragraph 6(a) and (b), respectively, shall sign agreements with the producer organisations as referred to in paragraph 5.
Such agreements shall cover all production of the product concerned delivered for processing by the said producer organisations and individual producers concerned and must specify at least the following:
(a) the number of marketing years covered by the agreement;
(b) the quantities to be delivered for processing, broken down by producer and by product;
(c) the consequences of failure to comply with the agreement.
A copy of the agreements shall be forwarded together with the contracts.
Article 6
For the purposes of Article 4 in the case of tomatoes, peaches and pears and Article 5(5), the parcel identification system shall be that used for the integrated system referred to in Article 4 of Regulation (EEC) No 3508/92. Areas are to be declared in hectares to two decimal places. Article 6(7) of Regulation (EEC) No 3887/92 shall apply for the purposes of determining the area of plots during on-the-spot checks as provided for in Article 18 of this Regulation.
Article 7
1. Without prejudice to cases covered by Article 3(2)(b), where payment may be made by opening a credit, all payments for raw materials:
(a) made by processors to producer organisations,
(b) made by producer organisations to their members and to producers as referred to in Article 5(6),
(c) where the members of a producer organisation are themselves organisations with legal personality made up of producers, made by such legal persons to producers,
shall be made by bank or postal transfer.
2. Payments as referred to in paragraph 1(b) and (c) shall be made within 15 working days and, in the case of prunes and figs, shall cover the entire amount of the payment as referred to in point (a).
TITLE III
Information to be provided
Article 8
1. Processors and producer organisations wishing to participate in the aid scheme shall so inform the competent authorities of the Member States by a date to be determined by those authorities, giving all the information needed by the Member State to administer and monitor the aid scheme. Member States may decide that such information shall:
(a) be notified by new participants in the scheme only, where they have already received the necessary information concerning other participants;
(b) cover a single marketing year, several marketing years or an unlimited period.
2. At least five working days before the start of deliveries or processing each marketing year, beneficiaries of the aid, whether producer organisations or processors, shall notify the competent authorities of the week in which deliveries and processing are to commence. Producer organisations and processors shall be deemed to have discharged this obligation where they provide proof that they have forwarded this information at least eight working days before that time limit.
3. In exceptional and duly justified cases, the Member States may accept notifications from producer organisations and processors after the time limit laid down in paragraph 2. However, in such cases, no aid shall be granted to producer organisations or processors for quantities already delivered or in the course of delivery unless the checks needed to establish eligibility for the aid can be conducted to the satisfaction of the competent authorities.
4. Processors wishing to manufacture mixed fruit and prepared sauces as referred to in Article 1(2)(c) and (o) respectively shall notify the competent authorities of the Member State, before the beginning of the marketing year, of the composition of the products to be made, specifying the net weight of each component. This composition may not be altered after the beginning of the marketing year.
Article 9
Each year processors shall notify the body designated by the Member State of the following:
1. in the case of tomatoes, peaches and pears no later than 1 February:
(i) the quantity of raw materials processed into the finished products listed in Article 1(2), broken down by:
- quantities received under contract,
- quantities not covered by contracts;
(ii) the quantity of finished products obtained from each of the quantities referred to in (i).
In the case of processed tomato products, the quantity of finished products to be notified for each category of raw material as referred to in (i) shall be broken down into:
- tomato concentrate of a dry-matter content by weight of 28 % or more but less than 30 %,
- whole peeled preserved tomatoes of the oblong varieties,
- other processed tomato products, shown separately.
The quantities of tomato juice and tomato concentrate added to preserved tomatoes shall be included in the quantities of the tomatoes, whether peeled or unpeeled;
(iii) the quantity of finished products in stock at the end of the preceding marketing year, broken down, in the case of processed tomato products, into products sold and products unsold, on the one hand, and in accordance with point (ii) on the other hand.
These notifications shall state separately the quantities of products as referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to manufacture the products referred to in Article 1(2)(c) and (o). Notification of the information required under (ii) above shall state separately the quantities of products as referred to in Article 1(2)(c) and (o) obtained, broken down according to the products used as referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n).
2. In the case of prunes and figs, no later than 15 May:
(a) the quantity of raw materials used at 1 May;
(b) the quantity of finished products obtained from the raw materials referred to in point (a), broken down into products on which aid is paid and products on which aid is not paid and by quality class;
(c) the quantity of products as referred to in points (a) and (b) in stock at 1 May.
TITLE IV
Raw materials
Article 10
1. Without prejudice to any minimum quality criteria laid down or to be laid down in accordance with the procedure provided for in Article 46 of Regulation (EC) No 2200/96, raw materials delivered to processors under processing contracts shall be of sound and fair merchantable quality and suitable for processing.
2. Where no minimum quality criteria have been laid down in accordance with the procedure provided for in Article 46 of Regulation (EC) No 2200/96, the Member States may lay down minimum quality criteria for the raw materials, where appropriate in the context of an extension of an interbranch agreement under Article 21 of that Regulation.
Article 11
1. A delivery certificate shall be issued for each-consignment of tomatoes, peaches and pears delivered under contract and accepted for processing at the processing plant specifying:
(a) the date and time of unloading;
(b) the precise identification of the means of transport used;
(c) the identification number of the contract to which the consignment relates;
(d) the gross weight and net weight;
(e) where applicable, the rate of reduction calculated on the basis of the minimum quality criteria laid down in accordance with Article 10.
Delivery certificates shall be signed by the processors or their representatives and by the producer organisations or their representatives. Each certificate shall bear an identification number.
Both processors and producer organisations shall keep a copy of delivery certificates. The producer organisation shall also forward a copy, no later than the second working day following the week of delivery, to the body designated by the Member State where its head office is situated and, where applicable, to the body designated, by the Member State where processing is carried out, to facilitate checks.
The documents required under national law may be used for the purposes of this Article, provided they contain all the information referred to in this paragraph.
2. Where all or part of a consignment belongs to producers as referred to in Article 5(6)(a) or (b), the producer organisation shall forward a copy of the certificate provided for in paragraph 1 to each producer organisation and individual producer concerned.
TITLE V
Aid applications
Article 12
1. In the case of tomatoes, peaches and pears, producer organisations shall submit their aid applications to the body designated by the Member State in which their head office is situated.
Processors of prunes and figs shall submit aid applications to the body designated by the Member State in which processing is carried out.
2. In the case of tomatoes, peaches and pears, only one aid application may be submitted per marketing year. Applications must reach the competent authorities no later than the following dates of the marketing year concerned:
- 20 November for tomatoes,
- 31 January for peaches and pears.
3. The Member States may allow applications for advance payment of the aid to be submitted until 30 September, covering the total quantity of tomatoes, peaches and pears delivered for processing up to 15 September.
4. In the case of prunes, processors shall submit three aid applications for each marketing year:
(a) the first for products processed up to 15 January;
(b) the second for products processed from 16 January to 30 April; and
(c) the third for products processed during the remainder of the marketing year concerned.
Aid applications as referred to in points (a) and (b) shall be submitted within 30 days of expiry of the processing period concerned and applications as referred to in point (c) by 30 November of the following marketing year.
5. In the case of dried figs, processors shall submit three aid applications for each marketing year
(a) the first for products processed up to 30 November;
(b) the second for products processed from 1 December to the end of February; and
(c) the third for products processed during the remainder of the marketing year concerned.
Aid applications as referred to in points (a) and (b) shall be submitted within 30 days of expiry of the processing period concerned and applications as referred to in point (c) by 31 October of the following marketing year.
6. In exceptional and duly justified cases, Member States may accept aid applications after the deadlines laid down in this Article, provided that this does not hinder checks relating to the production aid scheme.
7. If aid applications are submitted after the deadlines specified in paragraphs 2, 4 and 5, aid shall be reduced by 1 % per day of delay. No aid shall be granted if the application is more than 15 days late. These provisions shall not apply where paragraph 6 applies.
Article 13
1. Aid applications for tomatoes, peaches and pears shall give at least the following information for each product:
(a) the name and address of the producer organisation;
(b) the quantity covered by the aid application. That quantity, broken down by contract, may not exceed the quantity accepted for processing, after deduction of any reduction rates applied;
(c) the average selling price for the quantity delivered under contract;
(d) the quantity delivered during the same period otherwise than under contract; and the average selling price.
2. Aid applications for prunes and figs shall give at least the following information for each product:
(a) the name and address of the processor;
(b) the quantity of products covered by the aid application, broken down by the different rates of aid applicable, together with the quantity of products not covered by the aid scheme obtained during the same period;
(c) the quantity of raw materials used, by contract, to obtain each category of products as referred to in point (b);
(d) a declaration by the processor to the effect that the finished products comply with the quality standards laid down under Article 8 of Regulation (EC) No 2201/96;
(e) copies of transfer orders as referred to in Article 7(1)(a). In the case of commitments to supply, such copies may be replaced by a declaration by the producer to the effect that the processor has credited him with a price at least equal to the minimum price. Such copies or declarations shall quote the references of the relevant contracts.
Aid applications shall be admissible only if the minimum price has been paid in full for all the raw materials used in the finished product covered by the aid application.
3. Applications for advance payment of aid as referred to in Article 12(3) shall include the information specified in paragraph 1(a) and (b).
The competent body of the Member State shall pay the amount due between 16 and 31 October, after checking the application against, in particular, the delivery certificates referred to in Article 11.
The aid shall be paid in advance provided a security equal to 110 % of the aid is lodged.
Where it is found that the advance payment applied for exceeds the amount due, an amount equal to double the excess shall be forfeit from the security.
Without prejudice to the fourth subparagraph, the security shall be released when the competent authority pays the aid, based on the application referred to in Article 12(2).
When an application for advance payment of the aid is submitted, the aid application referred to in Article 12(2) shall cover the entire marketing year and the quantities referred to in paragraph 1(b) and (d) shall be broken down, in addition, into two periods, namely until 15 September and from 16 September.
Article 14
1. Aid for tomatoes, peaches and pears shall be paid by the competent body of the Member State in which the producer organisation signing the contract has its head office, as soon as that body has checked the aid application and established that the products covered by that application have been delivered and accepted for processing, on the basis, in particular, of the checks provided for in Article 18(1)(i).
Where processing takes place in another Member State, that Member State shall provide the Member State where the producer organisation signing the contract has its head office with proof that the product has in fact been delivered and accepted for processing.
Within 15 working days following receipt of the aid, the producer organisation shall pay in full the amounts received, by bank or postal transfer, to its members and, where applicable, to producers as referred to in Article 5(6). In cases covered by Article 3(2)(b), payment may be made by opening a credit.
Where a producer organisation is wholly or partly made up of members which are themselves organisations with legal personality made up of producers, payments as provided for in the third subparagraph shall be paid on by those member organisations to the producers within 15 working days.
2. Aid for prunes and figs shall be paid by the competent body of the Member State in which the product is processed, once that body has established that the requirements for grant of the aid have been met.
Where processing takes place outside the Member State in which the product was grown, that Member State shall furnish proof to the Member State paying the aid that the minimum price payable to the producer has been paid.
3. No aid shall be granted on quantities in respect of which the necessary checks on entitlement to the aid have not been conducted.
4. The aid shall be paid to producer organisations and processors no later than 60 days after the date on which the application is submitted.
TITLE VI
Checks and penalties
Article 15
1. Without prejudice to Title VI of Regulation (EC) No 2200/96, Member States shall take the necessary steps:
(a) to ensure that this Regulation is complied with;
(b) to prevent and prosecute irregularities and apply the penalties provided for in this Regulation;
(c) to recover sums lost as a result of irregularities or negligence;
(d) to verify the records provided for in Articles 16 and 17, ensuring that they tally with the accounting required of producer organisations and processors under national law;
(e) to carry out unannounced checks as referred to in Articles 18 and 19 during the appropriate periods;
(f) to carry out checks on areas sown to tomatoes as referred to in Article 18(1) after sowing and before harvesting.
2. The Member States must programme their tally checks on the basis of a risk analysis that considers, among other things:
(a) observations made during checks conducted in earlier years;
(b) developments since the year before;
(c) the raw material yield by homogeneous production zone;
(d) the relationship between the quantities delivered and the estimated total harvest;
(e) the yield of the raw material in terms of finished product.
The risk analysis criteria shall be regularly updated.
3. Where irregularities or anomalies are found, the Member States shall increase the frequency and percentage of checks as referred to in Articles 18 and 19 having regard to the seriousness of the findings.
Article 16
1. Producer organisations shall keep records for each of the products delivered for processing under Regulation (EC) No 2201/96, containing at least the following information:
(a) in the case of quantities delivered under contracts:
(i) the consignments delivered each day, and the identification number of the contract to which they relate,
(ii) the quantity of each consignment delivered and, in the case of tomatoes, peaches and pears, the quantity accepted for processing, after deduction of any reduction, and the identification number of the relevant delivery certificate;
(b) in the case of quantities delivered otherwise than under contract:
(i) the consignments delivered each day, and the identity of the processor,
(ii) the quantity of each consignment delivered and accepted for processing.
2. Producer organisations shall keep available for the national inspection authorities all the information needed for checking that this Regulation is complied with.
In the case of tomatoes, peaches and pears, that information must make it possible to identify, for each producer covered by a contract, the link between the areas, the quantities delivered, the delivery certificates, and payment of the aid and prices.
3. The Member States may decide what form the records provided for in paragraphs 1 and 2 shall take and whether they should be computerised.
4. The records or accounting documents required under national law may be used for the purposes of this Article, provided they contain all the information referred to in paragraph 1.
Producer organisations shall submit to all inspections and checks deemed necessary by the Member State and shall keep all additional records required by the Member State for the purposes of the checks deemed necessary.
Article 17
1. Processors shall keep records showing at least the following:
(a) in the case of quantities purchased under contracts:
(i) the consignments purchased and accepted into the undertaking for processing each day, and the identification number of the contract to which they relate,
(ii) the quantity of each consignment accepted for processing and the identification number of the relevant delivery certificate;
(b) in the case of quantities purchased otherwise than under contract:
(i) the consignments received each day, and the name and address of the seller,
(ii) the quantity of each consignment accepted for processing;
(c) the quantities of each of the finished products listed in Article 1(2) obtained each day, with the corresponding quantities of raw materials, specifying the quantities obtained from consignments accepted under contracts;
(d) the quantities and price of each finished product purchased by the processor each day, giving the name and address of the seller. This information may be recorded by reference to supporting documents, provided the latter contain the abovementioned particulars;
(e) the quantities and price of each finished product leaving the processor's premises each day, giving the name and address of the consignee. Such information may be recorded by reference to supporting documents, provided the latter contain the abovementioned particulars.
In the case of prunes and figs, the information required in (c) above must specify separately the quantity of finished product on which aid is payable.
2. Processors shall keep separate records for the products referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to manufacture mixed fruit and prepared sauces as referred to in Article 1(2)(c) and (o), showing the following information, in addition to that provided for in paragraph 1(a), (b), (c) and (d):
(a) the quantities of mixed fruit and prepared sauces obtained each day, broken down by product composition within the meaning of Article 8(4);
(b) the quantities and prices of the mixed fruit and prepared sauces leaving the processor's premises, by consignment, with details of the consignee;
(c) the quantities and prices of the products referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) purchased and entering the establishment each day, with details of the seller.
3. Processors shall daily update their stock records for the products referred to in paragraph 1(c), (d) and (e) and paragraph 2(a), (b) and (c) for each factory.
4. Processors shall keep proof of payment for all raw materials purchased under contracts and proof of payment for all sales and purchases of finished products for five years as from the end of the processing year concerned.
5. Processors shall submit to all inspections and checks deemed necessary by the Member State and shall keep all additional records required by it for the purpose of the checks deemed necessary.
6. The Member States may decide what form the records provided for in paragraphs 1 and 2 shall take and whether they should be computerised.
7. The records or accounting documents required under national law may be used for the purposes of this Article, provided they contain all the information referred to in paragraphs 1, 2 and 3.
Article 18
1. For each producer organisation delivering tomatoes, peaches and pears for processing, the following checks shall be conducted for each product and marketing year:
(i) physical checks on at least:
- 5 % of areas as referred to in Articles 4 and 5(5),
- 5 % of quantities delivered for processing under each contract, in order to check that they tally with the certificates referred to in Article 11 and comply with the minimum quality requirements;
(ii) administrative and accounting checks on at least 5 % of producers covered by contracts, in order to check that the details for each producer, in particlular the areas, the total harvest, the quantity marketed by the producer organisation, the quantity delivered for processing and the quantity indicated in the delivery certificates, tally with the prices paid as provided for in Article 7(1) and the aid paid as provided for in Article 14(1);
(iii) administrative and accounting checks to verify that the quantities of products delivered to the producer organisation by producers as referred to in Article 5(5) and (6), the quantities delivered for processing, the delivery certificates referred to in Article 11 and the quantities stated in the aid application tally with the prices paid as provided for in Article 7(1) and the aid paid as provided for in Article 14(1);
(iv) administrative and accounting checks on at least 5 % of agreements as referred to in Article 5(7);
(v) checks on all aid applications and supporting documents.
2. For processors of tomatoes, peaches and pears, the following checks shall be conducted for each factory, product and marketing year:
(i) checks on at least 5 % of finished products, in order to verify that processing has actually taken place and that the applicable minimum quality standards have been complied with;
(ii) administrative and accounting checks on at least 5 % of finished products, in order to verify the yield of raw materials processed in terms of the finished product obtained under contract and otherwise than under contract;
(iii) physical and accounting checks must be made on all stocks of finished products present at least twice each year, to ensure that they tally with the finished products manufactured, purchased and sold.
Article 19
1. For each producer organisation delivering dried plums and figs, administrative and accounting checks shall be conducted on at least 5 % of producers covered by contracts to verify that the following tally:
- the raw materials delivered by each producer for processing, and
- the payments provided for in Article 7.
2. For each factory, finished product and marketing year:
(a) unannounced physical checks shall be conducted on at least 5 % of finished products eligible for production aid, to verify that they comply with the minimum quality requirements applicable. Where the results of analysis of official samples are at variance with the particulars entered in processors' records, and indicate that the minimum Community quality requirements have not been met, no aid shall be paid for the processing operations concerned;
(b) administrative and accounting checks shall be conducted in order to verify:
(i) that the quantities of raw materials used for processing correspond to those indicated in the aid application,
(ii) that the price paid for the raw materials processed into products as referred to in point (a) is at least equal to the minimum price laid down,
(iii) transfer orders as referred to in Article 7.
Article 20
1. Where it is ascertained, for a given product, that the aid for a product applied for in respect of any marketing year exceeds the amount due, then that amount shall be reduced, unless the difference is clearly due to error. The reduction shall be equal to the difference. If the aid has already been paid, the beneficiary shall pay back twice the difference, plus interest calculated on the time elapsing between payment and reimbursement by the beneficiary.
The interest rate shall be that applied by the European Central Bank to its main refinancing operations, as published in the "C" series of the Official Journal of the European Communities, in force on the date of the undue payment, plus three percentage points.
2. If the difference referred to in paragraph 1 is more than 20 %, the beneficiary shall lose entitlement to the aid and, if the aid has already been paid, reimburse the total aid, plus interest calculated in accordance with paragraph 1.
If the difference is more than 30 %, the producer organisation or processor shall also forfeit any entitlement to aid for the product concerned for the following three marketing years.
3. Amounts recovered and interest due shall be paid to the competent paying agency and deducted from expenditure financed by the European Agricultural Guidance and Guarantee Fund.
4. The Member States shall take the necessary measures to ensure that both aid and prices are paid in accordance with Articles 7 and 14, respectively. They shall provide in particular for penalties to be imposed on the officers of the producer organisation commensurate with the seriousness of any irregularity.
5. If the area checks referred to in Article 18(1)(i) show a discrepancy between the area declared and that actually determined, at the level of the total area checked, the aid payable to the producer organisation shall be reduced, unless the difference is clearly due to error:
- by the percentage of the discrepancy established, if it is more than 5 % but no more than 20 % of the area determined;
- by 30 % if the discrepancy is more than 20 % of the area determined.
6. Where a producer organisation commits a subsequent irregularity, the Member State shall withdraw that organisation's recognition, or preliminary recognition in the case of a producer group granted preliminary recognition.
Article 21
1. Except in cases of force majeure, where it is found that the full quantity of tomatoes, peaches or pears accepted for processing under contracts has not been processed into one of the products listed in Article 1(2), the processor shall pay an amount equal to twice the unit amount of the aid multiplied by the quantity of the raw material concerned which has not been processed, plus interest calculated in accordance with Article 20(1).
In addition, the processor's approval as provided for in Article 3(1) shall be suspended:
- for the marketing year following the finding, if the difference referred to in the first subparagraph is 10 % or less,
- for two marketing years following the finding, if the difference is more than 10 % but no more than 20 %,
- for three marketing years following the finding if the difference is more than 20 %.
For the purposes of applying the first and second subparagraphs, any quantities of finished products, in excess of a 5 % tolerance, not complying with the minimum quality requirements shall be treated as quantities not processed.
2. In addition, the Member States shall provide that approval as provided for in Article 3(1) is to be withdrawn from processors in the following cases:
- where the producer organisation makes false declarations with the collaboration of the processor,
- where the processor fails to pay the price referred to in Article 3(4)(e),
- where the processor fails to pay the penalties provided for in paragraph 1.
The Member State shall decide on the length of time for which the processor may not submit a new application for approval having regard to the seriousness of the case.
3. Amounts recovered and interest due shall be paid to the competent paying agency and deducted from expenditure financed by the European Agricultural Guidance and Guarantee Fund.
Article 22
1. Compliance with the Community and national thresholds shall be established in each Member State concerned on the basis of the quantities covered by aid applications, in the case of tomatoes, and the quantities for which aid is paid, in the case of peaches and pears.
2. The Member States shall take the necessary measures to ensure reciprocal administrative cooperation with a view to ensuring that this Regulation is properly applied.
TITLE VII
Notification to the Commission
Article 23
Each Member State shall notify to the Commission:
1. before the beginning of each marketing year, if it has had recourse to Article 5(4) Regulation (EC) No 2201/96 and the quantities of each of the sub-thresholds concerned;
2. no later than 10 December, the following information:
(a) the total quantity of tomatoes covered by aid applications, broken down, where applicable, by sub-threshold;
(b) the estimated quantity of unprocessed dried figs, dried plums, peaches and pears intended for processing into one of the products listed in Article 1(2);
3. no later than 1 March in the case of tomatoes, 15 April in the case of peaches and pears and 1 June in the case of prunes and dried figs, the following information, broken down by products under contract and not under contract:
(a) the quantity of finished products as listed in Article 1(2)(a) to (o);
(b) the quantity of raw materials used to manufacture each of the products referred to in point (a);
(c) the quantity of products as referred to in point (a) in stock at the end of the previous marketing year in the case of products processed from tomatoes, peaches and pears, broken down into products sold and products unsold in the case of tomatoes, and at 1 May in the case of prunes and dried figs;
(d) in the case of tomatoes:
- the total area in hectares planted during the marketing year,
- the average yield, expressed in tonnes per hectare, for the marketing year,
- the area and yield, broken down into oblong varieties and round varieties,
- the average soluble dry matter content of the tomatoes used to make tomato concentrate;
(e) the information required under points (a) to (c) must include the quantities of the products referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to make products as referred to in (2)(c) and (o) of that Article;
(f) the total quantity made of each of the products referred to in Article 1(2)(c) and (o), broken down according to the products referred to in (2)(a), (b), (i), (k), (l), (m) and (n) of that Article used to make them;
4. no later than 1 June, a report on the checks made during the current marketing year, specifying the number of checks and the results, broken down by type of finding;
5. in the case of tomatoes, the quantities covered by contracts, no later than 60 days after the final date for the signing of contracts.
TITLE VIII
Transitional and final provisions
Article 24
1. Where contracts are concluded between individual producers and processors under the second subparagraph of Article 3(1) and the second subparagraph of Article 6a(2) of Regulation (EC) No 2201/96, Articles 3 to 7, 10 to 15, 18 to 20 and 22 of this Regulation shall apply, mutatis mutandis, for the 2001/02 marketing year.
2. The Member States shall take the necessary steps to ensure that the second subparagraph of Article 3(1) and the second subparagraph of Article 6a(2) of Regulation (EC) No 2201/96 are complied with.
3. In the case of tomatoes, for the 2001/02 marketing year:
- processors having participated in the aid scheme during the 2000/01 marketing year and new processors starting their activity shall be deemed to be approved, unless the Member State decides otherwise,
- notwithstanding Article 6, the reference data of parcels shall be the cadastral reference data or any other references recognised as equivalent by the inspection body,
- notwithstanding Article 3(3), the final date for signing contracts shall be 31 March 2001.
4. In the case of peaches and pears, notwithstanding Article 6, until 1 January 2003 the reference data of parcels shall be the cadastral reference data or any other references recognised as equivalent by the inspection body.
Article 25
Regulations (EEC) No 1709/84, (EC) No 504/97 and (EC) No 661/97 shall be repealed with effect from the end of the 2000/01 marketing year for each of the products concerned.
Regulation (EEC) No 2022/92 is hereby repealed.
Article 26
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COUNCIL REGULATION (EEC) No 4057/86
of 22 December 1986
on unfair pricing practices in maritime transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,
Having regard to the draft Regulation submitted by the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas there is reason to believe, inter alia on the basis of the information system set up by Council Decision 78/774/EEC (3), that the competitive participation of Community shipowners in international liner shipping is adversely affected by certain unfair practices of shipping lines of third countries;
Whereas the structure of the Community shipping industry is such as to make it appropriate that the provisions of this Regulation should also apply to nationals of Member States established outside the Community or cargo shipping companies established outside the Community and controlled by nationals of Member States, if their ships are registered in a Member State in accordance with its legislation;
Whereas such unfair practices consist of continuous charging of freight rates for the transport of selected commodities which are lower than the lowest freight rates charged for the same commodities by established and representative shipowners;
Whereas such pricing practices are made possible by non-commercial advantages granted by a State which is not a member of the Community;
Whereas the Community should be able to take redressive action against such pricing practices;
Whereas there are no internationally agreed rules as to what constitutes an unfair price in the maritime transport field;
Whereas, in order to determine the existence of unfair pricing practices, provision should therefore be made for an appropriate method of calculation; whereas when calculating the ‘normal freight rate’ account should be taken of the comparable rate actually charged by established and representative companies operating within or outside conferences or otherwise of a constructed rate based on the costs of comparable companies plus a reasonable margin of profit;
Whereas appropriate factors relevant for the determination of injury should be laid down;
Whereas it is necessary to lay down the procedures for those acting on behalf of the Community shipping industry who consider themselves injured or threatened by unfair pricing practices to lodge a complaint; whereas it seems appropriate to make it clear that in the case of withdrawal of a complaint, proceedings may, but need not necessarily, be terminated;
Whereas there should be cooperation between the Member -States and the Commission both as regards information about the existence of unfair pricing practices and injury resulting therefrom, and as regards the subsequent examination of the matter at Community level; whereas, to this end, consultations should take place within an Advisory Committee;
Whereas it is appropriate to lay down clearly the rules of procedure to be followed during the investigation, in particular the rights and obligations of the Community authorities and the parties involved, and the conditions under which interested parties may have access to information and may ask to be informed of the principal facts and considerations on the basis of which it is intended to propose the introduction of a redressive duty;
Whereas, in order to discourage unfair pricing practices, but without preventing, restricting or distorting price competition by non-conference lines, providing that they are working on a fair and commercial basis, it is appropriate to provide, in cases where the facts as finally established show that there is an unfair pricing practice and injury, for the possibility of imposing redressive duties on particular grounds;
Whereas it is essential, in order to ensure that redressive duties are levied in a correct and uniform manner, that common rules for the application of such duties be laid down; whereas, by reason of the nature of the said duties, such rules may differ from the rules for the levying of normal import duties;
Whereas open and fair procedures should be provided for the review of measures taken and for the investigation to be reopened when circumstances so require;
Whereas appropriate procedures should be established for examining applications for refund of redressive duties,
HAS ADOPTED THIS REGULATION:
Article 1
Objective
This Regulation lays down the procedure to be followed in order to respond to unfair pricing practices by certain third country shipowners engaged in international cargo liner shipping, which cause serious disruption of the freight pattern on a particular route to, from or within the Community and cause or threaten to cause major injury to Community shipowners operating on that route and to Community interests.
Article 2
In response to unfair pricing practices as described in Article 1 which cause major injury, a redressive duty may be applied by the Community.
A threat of major injury may only give rise to an examination within the meaning of Article 4.
Article 3
For the purposes of this Regulation:
(a)
‘third country shipowner’ means cargo liner shipping companies other than those mentioned under (d);
(b)
‘unfair pricing practices’ means the continuous charging on a particular shipping route to, from or within the Community of freight rates for selected or all commodities which are lower than the normal freight rates charged during a period of at least six months, when such lower freight rates are made possible by the fact that the shipowner concerned enjoys non-commercial advantages which are granted by a State which is not a member of the Community;
(c)
the ‘normal freight rate’ shall be determined taking into account:
(i)
the comparable rate actually charged in the ordinary course of shipping business for the like service on the same or comparable route by established and representative companies not enjoying the advantages in (b);
(ii)
or otherwise the constructed rate which is determined by taking the costs of comparable companies not enjoying the advantages in (b) plus a reasonable margin of profit. This cost shall be computed on the basis of all costs incurred in the ordinary course of shipping business, both fixed and variable, plus a reasonable amount for overhead expenses.
(d)
‘Community shipowners’ means:
-
all cargo shipping companies established under the Treaty in a Member State of the Community;
-
nationals of Member States established outside the Community or cargo shipping companies established outside the Community and controlled by nationals of Member States, if their ships are registered in a Member State in accordance with its legislation.
Article 4
Examination of injury
1. Examination of injury shall cover the following factors:
(a)
the freight rates offered by Community shipowners' competitors on the route in question, in particular in order to determine whether they have been significantly lower than the normal freight rate offered by Community shipowners, taking into account the level of service offered by all the companies concerned;
(b)
the effect of the above factor on Community shipowners as indicated by trends in a number of economic indicators such as:
-
sailings,
-
utilization of capacity,
-
cargo bookings,
-
market share,
-
freight rates (that is depression of freight rates or prevention of freight rate increases which would normally have occurred),
-
profits,
-
return of capital,
-
investment,
-
employment.
2. Where a threat of injury is alleged, the Commission may also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual injury. In this regard, account may also be taken of factors such as:
(a)
the increase in tonnage deployed on the shipping route where the competition with Community shipowners is taking place;
(b)
the capacity which is already available or is to become available in the foreseeable future in the country of the foreign shipowners and the extent to which the tonnage resulting from that capacity is likely to be used on the shipping route referred to in (a).
3. Injury caused by other factors which, either individually or in combination, are also adversely affecting Community shipowners must not be attributed to the practices in question.
Article 5
Complaint
1. Any natural or legal person, or any association not having legal personality, acting on behalf of the Community shipping industry who consider themselves injured or threatened by unfair pricing practices may lodge a written complaint.
2. The complaint shall contain sufficient evidence of the existence of the unfair pricing practice and injury resulting therefrom.
3. The complaint may be submitted to the Commission, or a Member State, which shall forward it to the Commission. The Commission shall send Member States a copy of any complaint it receives.
4. The complaint may be withdrawn, in which case proceedings may be terminated unless such termination would not be in the interest of the Community.
5. Where it becomes apparent after consultation that the complaint does not provide sufficient evidence to justify initiating an investigation, then the complainant shall be so informed.
6. Where, in the absence of any complaint, a Member State is in possession of sufficient evidence both of unfair pricing practices and of injury resulting therefrom for Community shipowners, it shall immediately communicate such evidence to the Commission.
Article 6
Consultations
1. Any consultations provided for in this Regulation shall take place within an Advisory Committee, which shall consist of representatives of each Member State, with a representative of the Commission as Chairman. Consultations shall be held immediately on request by a Member State or on the initiative of the Commission.
2. The Committee shall meet when convened by its Chairman. He shall provide the Member States, as promptly as possible, with all relevant information.
3. Where necessary, consultation may be in writing only; in such case the Commission shall notify the Member States and shall specify a period within which they shall be entitled to express their opinions or to request an oral consultation.
4. Consultation shall in particular cover:
(a)
the existence of unfair pricing practices and the amount thereof;
(b)
the existence and extent of injury;
(c)
the causal link between the unfair pricing practices and injury;
(d)
the measures which, in the circumstances, are appropriate to prevent or remedy the injury caused by unfair pricing practices and the ways and means for putting such measures into effect.
Article 7
Initiation and subsequent investigation
1. Where, after consultation, it is apparent that there is sufficient evidence to justify initiating a proceeding the Commission shall immediately:
(a)
announce the initiation of a proceeding in the Official Journal of the European Communities; such announcements shall indicate the foreign shipowner concerned and his country of origin, give a summary of the information received, and provide that all relevant information is to be communicated to the Commission; it shall state the period within which interested parties may make known their views in writing and may apply to be heard orally by the Commission in accordance with paragraph 5;
(b)
so advise the shipowners, shippers and freight forwarders known to the Commission to be concerned and the complainants;
(c)
commence the investigation at Community level, acting in cooperation with the Member States; such investigation shall cover both unfair pricing practices and injury resulting therefrom and shall be carried out in accordance with paragraphs 2 to 8; the investigation of unfair pricing practices shall normally cover a period of not less than six months immediately prior to the initiation of the proceeding.
2.
(a)
Where appropriate the Commission shall seek all the information it deems necessary and attempt to chheck this information with the shipowners, agents, shippers, freight forwarders, conferences, associations and other organizations, provided that the undertakings or organizations concerned give their consent.
(b)
Where necessary the Commission shall, after consultation, carry out investigations in third countries, provided that the firms concerned give their consent and the government of the country in question has been officially notified and raises no objection. The Commission shall be assisted by officials of those Member States which so request.
3.
(a)
The Commission may request Member States:
-
to supply information,
-
to carry out all necessary checks and inspections, particularly amongst shippers, freight forwarders, Community shipowners and their agents,
-
to carry out investigations in third countries, provided the firms concerned give their consent and the government of the country in question has been officially notified and raises no objection.
(b)
Member States shall take whatever steps are necessary in order to give effect to requests from the Commission. They shall send to the Commission the information requested together with the results of all inspections, checks or investigations carried out.
(c)
Where this information is of general interest or where its transmission has been requested by a Member State, the Commission shall forward it to the Member States provided it is not confidential, in which case a non-confidential summary shall be forwarded.
(d)
Officials of the Commission shall be authorized, if the Commission or a Member State so requests, to assist the officials of Member States in carrying out their duties.
4.
(a)
The complainant and the shippers and shipowners known to be concerned may inspect all information made available to the Commission by any party to an investigation as distinct from internal documents prepared by the authorities of the Community or its Member States provided that it is relevant to the defence of their interests and not confidential within the meaning of Article 8 and that it is used by the Commission in the investigation. To this end, they shall address a written request to the Commission, indicating the information required.
(b)
Shipowners subject to investigation and the complainant may request to be informed of the essential facts and considerations on the basis of which it is intended to recommend the imposition of redressive duties.
(c)
(i)
Requests for information pursuant to (b) shall:
-
be addressed to the Commission in writing,
-
specify the particular issues on which information is sought.
(ii)
The information may be given either orally or in writing, as considered appropriate by the Commission. It shall not prejudice any subsequent decision which may be taken by the Council. Confidential information shall be treated in accordance with Article 8.
(iii)
Information shall normally be given no later than 15 days prior to the submission by the Commission of any proposal for action pursuant to Article 11. Representations made after the information is given may be taken into consideration only if received within a period to be set by the Commission in each case, which shall be at least 10 days, due consideration being given to the urgency of the matter.
5. The Commission may hear the interested parties. It shall so hear them if they have, within the periods prescribed in the notice published in the Official Journal of the European Communities, made a written request for a hearing showing that they are an interested party likely to be affected by the result of the proceeding and that there are particular reasons why they should be given a hearing.
6. Furthermore, the Commission shall, on request, give the parties directly concerned an opportunity to meet, so that opposing views may be presented and any argument put forward by way of rebuttal. In providing this opportunity the Commission shall take account of the need to preserve confidentiality and of the convenience of the parties. There shall be no obligation on any party to attend a meeting and failure to do so shall not be prejudicial to that party's case.
7.
(a)
This Article shall not preclude the Council from reaching preliminary determinations or from applying measures expeditiously.
(b)
In cases in which any interested party refuses access to, or otherwise does not provide, necessary information within a reasonable period, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of the facts available.
8. Proceedings on unfair pricing practices shall not constitute a bar to customs clearance of the goods to which the freight rates concerned apply.
9.
(a)
An investigation shall be concluded either by its termination or by action pursuant to Article 11. Conclusion should normally take place within one year of the initiation of the proceeding.
(b)
A proceeding shall be concluded either by the termination of the investigation without the imposition of duties and without the acceptance of undertakings or by the expiry or repeal of such duties or by the lapse of undertakings in accordance with Articles 14 or 15.
Article 8
Confidentiality
1. Information received in pursuance of this Regulation shall be used only for the purpose for which it was requested.
2.
(a)
Neither the Council, nor the Commission, nor Member States, nor the officials of any of these, shall reveal any information received in pursuance of this Regulation of which confidential treatment has been requested by its supplier, without specific permission from the supplier.
(b)
Each request for confidential treatment shall indicate why the information is confidential and shall be accompanied by a non-confidential summary of the information, or a statement of the reasons why the information is not susceptible of such summary.
3. Information will ordinarily be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.
4. However, if it appears that a request for confidentiality is not warranted and if the supplier is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, the information in question may be disregarded.
The information may also be disregarded where such request is warranted and where the supplier is unwilling to submit a non-confidential summary, provided that the information is susceptible of such summary.
5. This Article shall not preclude the disclosure of general information by the Community authorities and in particular of the reasons on which decisions taken in pursuance of this Regulation are based, or disclosure of the evidence relied on by the Community authorities insofar as necessary to explain those reasons in court proceedings. Such disclosure must take into account the legitimate interest of the parties concerned that their business secrets should not be divulged.
Article 9
Termination of proceedings where protective measures are unnecessary
1. If it becomes apparent after consultation that protective measures are unnecessary, then, where no objection is raised within the Advisory Committee referred to in Article 6 (1), the proceeding shall be terminated. In all other cases the Commission shall submit to the Council forthwith a report on the results of the consultation, together with a proposal that the proceeding be terminated. The proceeding shall stand terminated if, within one month, the Council, acting by a qualified majority, has not decided otherwise.
2. The Commission shall inform the parties known to be concerned and shall announce the termination in the Official Journal of the European Communities setting forth its basic conclusions and a summary or the reasons therefor.
Article 10
Undertakings
1. Where, during the course of investigation, undertakings are offered which the Commission, after consultation, considers acceptable, the investigation may be terminated without the imposition of redressive duties.
Save in exceptional circumstances, undertakings may not be offered later than the end of the period during which representations may be made under Article 7 (4) (c) (iii). The termination shall be decided in conformity with the procedure laid down in Article 9 (1) and information shall be given and notice published in accordance with Article 9 (2).
2. The undertakings referred to under paragraph 1 are those under which rates are revised to an extent such that the Commission is satisfied that the unfair pricing practice, or the injurious effects thereof, are eliminated.
3. Undertakings may be suggested by the Commission, but the fact that such undertakings are not offered or an invitation to do so is not accepted, shall not prejudice consideration of the case. However, the continuation of unfair pricing practices may be taken as evidence that a threat of injury is more likely to be realized.
4. If the undertakings are accepted, the investigation of injury shall nevertheless be completed if the Commission, after consultation, so decides or if request is made by the Community shipowners concerned. In such a case, if the Commission, after consultation, makes a determination of no injury, the undertaking shall automatically lapse. However, where a determination of no threat of injury is due mainly to the existence of an undertaking, the Commission may require that the undertaking be maintained.
5. The Commission may require any party from whom an undertaking has been accepted to provide periodically information relevant to the fulfilment of such undertakings, and to permit verification of pertinent data. Non-compliance with such requirements shall be construed as a violation of the undertaking.
Article 11
Redressive duties
Where investigation shows that there is an unfair pricing practice, that injury is caused by it and that the interests of the Community make Community intervention necessary, the Commission shall propose to the Council, after the consultations provided for in Article 6, that it introduce a redressive duty. The Council, acting by a qualified majority, shall take a Decision within two months.
Article 12
In deciding on the redressive duties, the Council shall also take due account of the external trade policy considerations as well as the port interests and the shipping policy considerations of the Member States concerned.
Article 13
General provisions on duties
1. Redressive duties shall be imposed on the foreign shipowners concerned by regulation.
2. Such regulation shall indicate in particular the amount and type of duty imposed, the commodity or commodities transported, the name and the country of origin of the foreign shipowner concerned and the reasons on which the Regulation is based.
3. The amount of the duties shall not exceed the difference between the freight rate charged and the normal freight rate referred to in Article 3 (c). It shall be less if such lesser duty would be adequate to remove the injury.
4.
(a)
Duties shall be neither imposed nor increased with retroactive effect and shall apply to the transport of commodities which, after entry into force of such duties, are loaded or discharged in a Community port.
(b)
However, where the Council determines that an undertaking has been violated or withdrawn, the redressive duties may be imposed, on a proposal from the Commission, on the transport of commodities which were loaded or discharged in a Community port not more than 90 days prior to the date of application of these duties, except that in the case of violation or withdrawal of an undertaking such retroactive assessment shall not apply to the transport of commodities which were loaded or discharged in a Community port before the violation or withdrawal. These duties may be calculated on the basis of the facts established before the acceptance of the undertaking.
5. Duties shall be collected by Member States in the form, at the rate and according to the other criteria laid down when the duties were imposed, and independently of the customs duties, taxes and other charges normally imposed on imports of goods transported.
6. Permission to load or discharge cargo in a Community port may be made conditional upon the provision of security for the amount of the duties.
Article 14
Review
1. Regulations imposing redressive duties and decisions to accept undertakings shall be subject to review, in whole or in part, where warranted. Such review may be held either at the request of a Member State or on the initiative of the Commission. A review shall also be held where an interested party so requests and submits evidence of changed circumstances sufficient to justify the need for such review, provided that at least one year has elapsed since the conclusion of the investigation. Such requests shall be adressed to the Commission, which shall inform the Member States.
2. Where, after consultation, it becomes apparent that review is warranted, the investigation shall be re-opened in accordance with Article 7, where the circumstances so require. Such reopening shall not per se affect the measures in operation.
3. Where warranted by the review, carried out either with or without reopening of the investigation, the measures shall be amended, repealed or annulled by the Community institution competent for their adoption.
Article 15
1. Subject to paragraph 2, redressive duties and undertakings shall lapse after five years from the date on which they entered into force or were last amended or confirmed.
2. The Commission shall normally, after consultation and within six months prior to the expiry of the five year period, publish in the Official journal of the European Communities a notice of the impending expiry of the measure in question and inform Community shipowners known to be concerned. This notice shall state the period within which interested parties may make known their views in writing and may apply to be given a hearing by the Commission in accordance with Article 7 (5).
Where an interested party shows that the expiry of the measure would again lead to injury or threat of injury, the Commission shall carry out a review of the measure. The measure shall remain in force pending the outcome of this review.
Where redressive duties and undertakings lapse under this Article the Commission shall publish a notice to that effect in the Official Journal of the European Communities.
Article 16
Refund
1. Where the shipowner concerned can show that the duty collected exceeds the difference between the freight rate charged and the normal freight rate referred to in Article 3 (c) the excess amount shall be reimbursed.
2. In order to request the reimbursement referred to in paragraph 1, the foreign shipowner may submit an application to the Commission. The application shall be submitted via the Member State within the territory of which the commodities transported were loaded or discharged and within three months of the date on which the amount of the redressive duties to be levied was duly determined by the competent authorities.
The Member State shall forward the application to the Commission as soon as possible, either with or without an opinion as to its merits.
The Commission shall inform the other Member States forthwith and give its opinion on the matter. If the Member States agree with the opinion given by the Commission or do not object to it within one month of being informed, the Commission may decide in accordance with the said opinion. In all other cases, the Commission shall, after consultation, decide whether and to what extent the application should be granted.
Article 1 7
Final provisions
This Regulation shall not preclude the application of any special rules laid down in agreements concluded between the Community and third countries.
Article 18
Entry into force
This Regulation shall enter into force on 1 July 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1986. | [
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Commission Regulation (EC) No 1706/2003
of 26 September 2003
determining the extent to which applications lodged in September 2003 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1431/94 of 22 June 1994, laying down detailed rules for the application in the poultrymeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products(1), as last amended by Regulation (EC) No 1043/2001(2), and in particular Article 4(4) thereof,
Whereas:
The applications for import licences lodged for the period 1 October to 31 December 2003 are greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for import licences for the period 1 October to 31 December 2003 submitted under Regulation (EC) No 1431/94 shall be met as referred to in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2003. | [
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COMMISSION DECISION
of 7 February 2006
on the Community’s financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2006
(notified under document number C(2006) 250)
(Only the French text is authentic)
(2006/102/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom) (1), and in particular Article 20(3),
Having regard to the programme submitted by France for the control of organisms harmful to plants or plant products in the French overseas departments,
Whereas:
(1)
Commission Decision 93/522/EEC of 30 September 1993 on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants or plant products in the French overseas departments, in the Azores and in Madeira (2).
(2)
Specific growing conditions in the French overseas departments call for particular attention and measures concerning crop production, in particular plant health measures, must be adopted or strengthened in those regions. The plant health measures to be adopted or strengthened are particularly costly.
(3)
A programme of measures has been presented to the Commission by the competent French authorities; this programme specifies the objectives to be achieved, the operations to be carried out, their duration and their cost with a view to a possible Community financial contribution.
(4)
According to Article 20(4) of Regulation (EC) No 1452/2001 the Community's financial contribution may cover up to 60 % of eligible expenditure, protective measures for bananas being excluded.
(5)
In accordance with Article 3(2) of Council Regulation (EC) No 1258/1999 (3), 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. Financial control of these measures comes under Articles 8 and 9 of the above Regulation.
(6)
The technical information provided by France has enabled the Standing Committee on Plant Health to analyse the situation accurately and comprehensively.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
A Community financial contribution to the official programme for the control of organisms harmful to plants and plant products in the French overseas for 2006 is hereby approved.
Article 2
The Community’s financial contribution to the programme in 2006 shall be 60 % of expenditure related to eligible measures as defined by Decision 93/522/EEC, with a maximum of EUR 249 600 (VAT excluded).
The programme, the schedule of its costs and their financing is set out as Annex I to this Decision.
The breakdown of costs is set out as Annex II to this Decision.
Article 3
An advance of EUR 100 000 shall be paid within 60 days after reception of a request of payment by France.
Article 4
1. The eligibility period for the costs related to this project shall start on 1 January 2006 and end on 31 December 2006.
2. The period may exceptionally be extended only with the express written agreement of the Monitoring Committee as referred to in point I.I of Annex III before the tasks have been completed.
Article 5
The financial contribution by the Community shall be granted provided that the implementation of the programme shall be in conformity with the relevant provisions of Community law, including rules of competition and on the award of public contracts, and that no other Community contribution for these measures was or will be asked for.
Article 6
1. The actual expenditure incurred shall be notified to the Commission broken down by type of action or subprogramme in a way demonstrating the link between the indicative financial plan and expenditure actually incurred. Such notifications may be in electronic form.
2. The balance of the financial contribution referred to in Article 3 shall be paid provided that the document specified in the second paragraph of point I.II.4 of Annex III shall be submitted before 15 March 2007.
3. The Commission may, on duly justified request of the French Republic, adjust the financing plans within a limit of 15 % of the Community contribution to a subprogramme or measure for the entire period, provided that the total amount of eligible costs scheduled in the programme is not exceeded and that the main objectives of the programme are not thereby compromised.
4. All payments of aid granted by the Community under this Decision shall be made to the French Republic, which will also be responsible for repayment to the Community of any excess amount.
Article 7
The French Republic shall ensure compliance with the information to be supplied to the Commission set out in Annex III.
Article 8
This Decision is addressed to the French Republic.
Done at Brussels, 7 February 2006. | [
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COMMISSION REGULATION (EC) No 537/2006
of 31 March 2006
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,
Whereas:
(1)
Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2)
In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3)
The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4)
The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2006. | [
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COUNCIL REGULATION (EC) No 1624/95 of 29 June 1995 amending Regulation (EC) No 3699/93 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument of fisheries guidance (1), and in particular Article 6 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the provisions of the London Convention (ITC 69) were extended to all fishing vessels by Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (5); whereas the implementation of the provisions of the said Convention generalized, by 1 January 2004 at the latest, the use of gross tonnage as the unit of tonnage to all vessels of the fishing fleet of the European Union;
Whereas this usage makes it essential to modify the provisions of Regulation (EC) No 3699/93 (6) since they refer to vessel tonnage, and in particular tables 1 and 2 of Annex IV thereto;
Whereas it is appropriate to ensure the harmonization of the procedures referred to in Articles 5 and 6 of the Said Regulation;
Whereas there should be a reduction in the activity threshold that renders a fishing vessel eligible for measures of permanent withdrawal as regards fishing vessels registered in the North Baltic ports, having regard to the special climatic conditions of the region which cause its water which is only slightly salty to freeze for a large part of the year,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 3699/93 is hereby amended as follows:
1. in Article 5 (2), the reference to 'Article 8 of Regulation (EEC) No 2080/93` shall be replaced by a reference to 'Article 18 of Regulation (EEC) No 3760/92`;
2. in the second subparagraph of Article 8 (2), the following words shall be inserted after the words '25 gross registered tonnes (GRT)`: 'or 27 gross tonnes (GT)`;
3. in Article 16 the following paragraph shall be added:
'3. From 1 January 2004 only reference to the GT unit of tonnage shall be possible in this Regulation.`;
4. in the first subparagraph of Annex III, point 1.1 (a) the following sentence shall be added:
'in the Baltic Sea the number of seventy five days shall be reduced to sixty days for vessels registered in ports situated north of parallel 59° 30′ N.`;
5. in Annex III in the first indent of the first paragraph of point 1.2 (a) the following shall be inserted: 'or 27 gross tonnes (GT)`;
6. in Annex IV, point 1 shall be replaced by the text appearing in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1995. | [
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Commission Regulation (EC) No 1805/2001
of 13 September 2001
fixing the maximum export refund on rye in connection with the invitation to tender issued in Regulation (EC) No 1005/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to 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), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to all third countries was opened pursuant to Commission Regulation (EC) No 1005/2001(5).
(2) Article 7 of Regulation (EC) No 1501/95 provides that the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, 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 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,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 7 to 13 September 2001, pursuant to the invitation to tender issued in Regulation (EC) No 1005/2001, the maximum refund on exportation of rye shall be EUR 22,49/t.
Article 2
This Regulation shall enter into force on 14 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 September 2001. | [
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Commission Regulation (EC) No 1886/2000
of 6 September 2000
laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(1), and in particular Article 7(10) thereof,
Whereas:
(1) Regulation (EC) No 104/2000, which repealed Council Regulations (EEC) No 3759/922(2) and (EEC) No 1772/82(3) with effect from 1 January 2001, contains provisions on an extension to non-members of rules introduced by producer organisations. It is now appropriate to fill out the framework laid down by Regulation (EC) No 104/2000, by enacting detailed rules and by repealing the current Regulation on this subject, namely Commission Regulation (EEC) No 3190/82(4), as amended by Regulation (EC) No 1336/95(5).
(2) It is necessary to define criteria for assessing the degree of representativeness of the producers' organisations whose rules it is proposed to extend to non-members. Those criteria should include both, the proportion of the total quantities marketed of the species concerned accounted for by the members of the organisation and the proportion of fishermen in the area in question who are members of the organisation.
(3) In order to harmonise the implementation of these measures, the production and marketing rules which may be extended to non-members should be defined. For the same purpose, the stage to which such extended rules apply should be specified.
(4) A minimum period of application of the rules in question should be fixed in order to maintain a certain stability in the conditions under which fishery products are marketed.
(5) Member States which decide to make obligatory the rules adopted by a producers' organisation are obliged to submit them to the Commission for examination. It is necessary, therefore, to specify what information is to be notified to the Commission.
(6) It is necessary for Member States and the Commission to publish information on the extension of rules which could affect the sector.
(7) Any amendments to the rules extended to non-members should be subject to the same requirements as to notification to the Commission and publication as the original extension.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The production and marketing activities of a producers' organisation shall be considered to be sufficiently representative in the area within which it is proposed to extend the rules if:
(a) marketing by the producers' organisation or by its members of the species to which the rules would apply accounts for more than 65 % overall of the quantities marketed, and
(b) the number of fishermen aboard vessels operated by members of the producers' organisation is more than 50 % of the total number of fishermen established in the area to whom the rules would apply.
2. For the purposes of point 1(a), account shall be taken of quantities marketed during the previous marketing year.
3. For the purpose of calculating the percentage referred to in point 1(b), fishermen aboard vessels whose overall length is less than or equal to 10 metres shall be taken into account in proportion to the relation between the quantities marketed by such fishermen and the total quantities marketed in the area in question.
Article 2
The production and marketing rules referred to in Article 7(1)(a) of Regulation (EC) No 104/2000 shall include the following elements:
(a) the quality, size or weight and presentation of products offered for sale;
(b) sampling, receptacles used for sales purposes, packaging and labelling and the use of ice;
(c) the conditions of the first placing of the market, which may include rules on the rational disposal of production in order to stabilise the market.
Article 3
The minimum period of application of the rules to be extended to non-members shall be 90 days.
Article 4
Where a Member State decides to extend certain rules adopted by a producers' organisation to non-members, the notification to the Commission referred to in Article 7(3) of Regulation (EC) No 104/2000 shall include at least:
(a) the name and address of the producers' organisation concerned;
(b) all the information required to show that the organisation is representative, particularly by reference to the criteria set out in Article 1;
(c) the rules in question;
(d) the justification for these rules, supported by appropriate data;
(e) the geographical area in which it is intended to make these rules obligatory;
(f) the duration of the rules;
(g) the date of entry into force.
Article 5
Member States shall publish the rules they have decided to make obligatory at least eight days in advance of their entry into force.
Article 6
Any modification to the rules extended to non-members shall be subject to Articles 4 and 5.
Article 7
The Commission shall publish in the Official Journal of the European Communities the decisions which it takes, declaring an extension of rules null and void pursuant to the second indent of the second subparagraph of Article 7(3) and to Article 7(5) of Regulation (EC) No 104/2000.
Article 8
Regulation (EEC) No 3190/82 is hereby repealed.
Article 9
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 30 May 1994 laying down detailed rules for the application of Council Directive 93/23/EEC as regards the statistical surveys on pig population and production (94/432/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/23/EEC of 1 June 1993 on the statistical surveys to be carried out on pig production (1), and in particular Articles 1 (3), 2 (2), 3 (2), 6 (1) and (2), 8 (1) and (2) and 10 (3) thereof,
Whereas precise definitions are required in order to carry out the surveys provided for in Directive 93/23/EEC; whereas this requires the definition of the agricultural holdings covered by the survey; whereas the herd size classes and regions according to which the Member States draw up the survey results at regular intervals must also be determined; whereas a single definition of carcass weight is necessary for the drawing-up of slaughtering statistics;
Whereas, according to Directive 93/23/EEC, the Member States may, at their request, be authorized to carry out the April and August surveys in selected regions, on the understanding that these surveys cover at least 70 % of the pig population; whereas Member States whose pig population makes up only a small percentage of the overall population of the Community may, at their request, also be authorized to dispense altogether with the April and August surveys, or to use the regional breakdown for the final results of the April or August survey; whereas, finally, the Member States may, at their request, be authorized to use administrative sources instead of statistical surveys to determine the pig population and the prescribed breakdown by herd size classes for the final results of even-numbered years and/or for those of a given month of the year;
Whereas applications have been made by the Member States for the abovementioned types of authorization;
Whereas Commission Decision 76/805/EEC (2), as last amended by Decision 91/268/EEC (3), should be replaced;
Whereas, since Directive 93/23/EEC is applicable as from 1 January 1994, it is appropriate to apply the provisions of this Decision with effect from the same date;
Whereas this Decision is in accordance with the opinion of the Standing Committee on Agricultural Statistics,
HAS ADOPTED THIS DECISION:
Article 1
1. For the purposes of Article 2 (2) of Directive 93/23/EEC, 'agricultural holding` means any technical and economic unit under single management which produces agricultural products.
2. The survey referred to in Article 1 (1) of Directive 93/23/EEC shall cover:
(a) agricultural holdings with a utilized agricultural area of 1 ha or more;
(b) agricultural holdings with a utilized agricultural area of less than 1 ha, if their production is to a certain extent intended for sale or if their production unit exceeds certain natural thresholds.
3. Member States wishing to apply a different survey threshold shall, however, undertake to determine that threshold in such a way that only the smallest holdings are excluded, and that together the holdings excluded account for 1 % or less of the total standard gross margin, within the meaning of Commission Decision 85/377/EEC (4), of the Member State concerned.
Article 2
The territorial subdivisions referred to in Article 6 (1) of Directive 93/23/EEC are set out in Annex I.
Article 3
The breakdown provided for in Article 8 (1) of Directive 93/23/EEC is set out in Annex II.
Article 4
The carcass weight referred to in Article 10 (1) of Directive 93/23/EEC is defined in Annex III.
Article 5
1. Pursuant to the first subparagraph of Article 1 (2) of Directive 93/23/EEC, the Member States listed in point (a) of Annex IV are authorized to carry out the April and August surveys in selected regions, on the understanding that these surveys cover at least 70 % of the pig population.
2. Pursuant to the second subparagraph of Article 1 (2) of Directive 93/23/EEC, the Member States listed in point (b) of Annex IV are authorized to dispense altogether with the April and August surveys.
3. Pursuant to the third subparagraph of Article 1 (2) of Directive 93/23/EEC, the Member States listed in point (c) of Annex IV are authorized to use administrative sources instead of statistical surveys.
4. Pursuant to Article 6 (2) of Directive 93/23/EEC, the Member States listed in point (d) of Annex IV are authorized to use the regional breakdown for the final results of the April or August survey.
5. Pursuant to Article 8 (2) of Directive 93/23/EEC, the Member States listed in point (e) of Annex IV are authorized to use the breakdown by herd size classes for the final results of even-numbered years and/or for those of a given month of the year.
Article 6
Decision 76/805/EEC is repealed.
Article 7
This Decision shall apply with effect from 1 January 1994.
Article 8
This Decision is addressed to the Member States.
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*****
COMMISSION REGULATION (EEC) No 2833/90
of 28 September 1990
fixing the level of estimated sunflower seed production for the 1990/91 marketing year, the level of actual sunflower seed production for the 1989/90 marketing year, and the adjustment to be made to the amount of the aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 2902/89 (2), and in particular Article 27a (6) thereof,
Whereas Article 32a of Commission Regulation (EEC) No 2681/83 of 21 September 1983 laying down detailed rules for the application of the subsidy system for oil seeds (3), as last amended by Regulation (EEC) No 2248/90 (4), specifies the factors which must be determined in order to implement the system of maximum guaranteed quantities; whereas the level of estimated sunflower seed production for the 1990/91 marketing year, the level of actual sunflower seed production for the 1989/90 marketing year, and the resulting adjustment to the aid for the 1990/91 marketing year should be fixed on the basis of the available data;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1990/91 marketing year, the estimated production of sunflower seed is hereby fixed at:
- 1 307 000 tonnes for Spain,
- 56 000 tonnes for Portugal,
- 2 595 000 tonnes for the other Member States.
Article 2
For the 1989/90 marketing year, the actual production of sunflower seed is hereby fixed at:
- 980 000 tonnes for Spain,
- 45 000 tonnes for Portugal,
- 2 562 000 tonnes for the other Member States.
Article 3
For the 1990/91 marketing year, the adjustment to be made to the amount of the aid for sunflower seed is hereby fixed at:
- ECU 0 per 100 kilograms for Spain,
- ECU 0 per 100 kilograms for Portugal,
- ECU - 12,24 per 100 kilograms for the other Member States.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 August 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 1755/90
of 27 June 1990
establishing the activating threshold price for aid, the guide price and the minimum price for peas, field beans and sweet lupins fixed in ecus by the Council and reduced as a result of the monetary realignment of 5 January 1990
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European of Community,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (1), as last amended by Regulation (EEC) No 1889/87 (2), and in particular Article 6 (3) thereof,
Whereas Commission Regulation (EEC) No 784/90 of 29 March 1990 fixing the reducing coefficient for the agricultural prices in the 1990/91 marketing year as a result of the monetary realignment of 5 January 1990 and amending the prices and amounts fixed in ecus for that marketing year (3) establishes the list of prices and amounts in the peas, field beans and sweet lupins sectors to be divided by the coefficient of 1,001712 from the start of the new marketing year under the arrangements for the automatic dismantlement of negative monetary gaps; whereas Article 3 of Regulation (EEC) No 784/90 provides that the resulting reduction should be specified in particular for the prices and amounts fixed in ecus by the Council for the 1990/91 marketing year and the value of those reduced prices and amounts should be fixed;
Whereas Council Regulation (EEC) No 1189/90 (4) set the activating threshold price, the guide price and the minimum price for peas, field beans and sweet lupins for the 1990/91 marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder;
HAS ADOPTED THIS REGULATION:
Article 1
For the 1990/91 marketing year the activating threshold price for aid, as referred to in Article 2 of Council Regulation (EEC) No 1431/82 (5), reduced in accordance with Article 2 of Regulation (EEC) No 784/90 shall be as follows:
- ECU 44,68 per 100 kilograms for peas and field beans,
- ECU 42,98 per 100 kilograms for sweet lupins.
Article 2
For the 1990/91 marketing year the guide price, as referred to in Article 2 of Regulation (EEC) No 1431/82, reduced in accordance with Article 2 of Regulation (EEC) No 784/90 shall be ECU 29,47 per 100 kilograms for peas and field beans.
Article 3
For the 1990/91 marketing year, the minimum price reduced in accordance with Article 2 of Regulation (EEC) No 784/90 shall be:
- ECU 25,73 per 100 kilograms for peas,
- ECU 23,83 per 100 kilograms for field beans,
- ECU 28,85 per 100 kilograms for sweet lupins.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1990. | [
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*****
COUNCIL REGULATION (EEC) No 1651/86
of 26 May 1986
amending Regulation (EEC) No 1970/80 laying down general implementing rules for campaigns aimed at promoting the consumption of olive oil in the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1454/86 (2), and in particular Article 11 (7) thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 2 of Regulation (EEC) No 1970/80 (3) the Commission must communicate to the Council the programme of measures which it anticipates undertaking in the course of the following marketing year; whereas experience has shown that, for reasons in connection with the effectiveness of the measures, the programme should in certain cases over a period of several marketing years; whereas the said Regulation should therefore be amended,
HAS ADOPTED THIS REGULATION:
Article 1
The first sentence of Article 2 of Regulation (EEC) No 1970/80 is hereby replaced by the following:
'The Commission shall communicate to the Council, by 31 October at the latest, the programme of measures which it anticipates undertaking in the course of the following marketing year or, where applicable, the following marketing years.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 1986. | [
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COMMISSION DECISION
of 25 May 2007
concerning a financial contribution by the Community to Italy for the implementation of a system for collection and analysis of epidemiological information on bluetongue
(notified under document number C(2007) 2166)
(Only the Italian text is authentic)
(2007/367/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 19 and 20 thereof,
Whereas:
(1)
Bluetongue is a disease transmitted by insect vectors Culicoïdes spp. It a trans-boundaries disease and individual national efforts are not sufficient for effective surveillance and control. An integrated approach at Community level is required to analyze both regional and global distribution of the bluetongue infection as well as of the competent Culicoïdes vectors. Therefore, the gathering and exchange of epidemiological information on bluetongue in the Member States is of fundamental importance to establish the appropriate measures for controlling the disease in this population and verifying their efficacy.
(2)
The implementation of a Community surveillance network would enable an effective risk analysis on a Community scale and also a reduction of some of the costs that spare national systems would imply.
(3)
In this context, the use of Geographic Information Systems (GIS) enhances data analysis capabilities and facilitates the understanding of disease dynamics and spread.
(4)
The Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’, Teramo Italy, that is a World Organisation for Animal Health (OIE) Collaborating Center for Veterinary Training, Epidemiology, Food Safety and Animal Welfare is in the process of establishing a web-based GIS to collect, store, and analyse bluetongue surveillance data (BlueTongue NETwork application). This system can be shared with other Member States and third countries in order to verify its validity as a tool to control the disease and better understand disease dynamics and spread.
(5)
A financial contribution should be granted for that project, as it may contribute to the development of Community legislation on bluetongue and eventually to better control the disease.
(6)
Under Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2), veterinary measures are to be financed under the European Agricultural Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation are to apply
(7)
The payment of the financial contribution from the Community must be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information.
(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,
HAS ADOPTED THIS DECISION:
Article 1
1. The Community shall grant Italy financial assistance for its project of establishing a web-based system to collect, store, and analyse bluetongue surveillance data (BlueTongue NETwork application) at the Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’, Teramo Italy, as presented by Italy.
2. The following conditions must be fulfilled:
(a)
The system must be established and made available to all Member States at their request on 31 May 2007 at the latest;
(b)
Italy must forward a technical and financial report to the Commission on 30 September 2007 at the latest, the financial report accompanied by supporting documents justifying evidence as to the costs incurred and the results attained.
Article 2
1. The Community’s financial assistance granted to Italy for the project referred to in Article 1 shall be at the rate of 100 % of the costs incurred for staff and the purchase equipments, including hardware and software and other consumables by the Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’, Teramo Italy for the work referred to in Article 1(1) shall not exceed EUR 100 000.
2. The Community’s financial assistance shall be paid as follows:
(a)
70 % by way of an advance at the request of Italy;
(b)
the balance following presentation of the reports and supporting documents referred to Article 1(2)(b).
Article 3
This Decision is addressed to the Italian Republic.
Done at Brussels, 25 May 2007. | [
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COMMISSION DECISION of 18 December 1996 laying down the methods of control for maintaining the officially brucellosis free status of bovine herds in certain Member States and regions of Member States (Text with EEA relevance) (97/175/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), as last amended by Council Directive 95/25/EC (2), and in particular Article 3 (13) thereof;
Whereas more than 99,8 % of bovine herds in the Member States and regions mentioned in the Annexes have been declared officially brucellosis free within the meaning of Article 2 (e) of Directive 64/432/EEC and as having fulfilled the conditions for this qualification for at least 10 years; whereas no case of abortion due to a brucella infection has been recorded for at least three years;
Whereas in order to maintain the qualification of officially brucellosis free it is necessary to lay down control measures ensuring its efficiency and which are adapted to the special health situation of bovine herds in those Member States and regions mentioned in the Annexes;
Whereas in order to consolidate and simplify the situation pertaining to this matter, a number of previous Commission Decisions must be withdrawn;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Member States and regions referred to respectively in Annexes I and II satisfy the conditions laid down in Directive 64/432/EEC, Article 3 (13), in so far as that at least 99,8 % of the bovine herds have been declared officially brucellosis free within the meaning of Article 2 (e) of Directive 64/432/EEC for at least 10 years and where no case of abortion due to a brucella infection has been recorded for at least three years.
Article 2
All of the bovine herds situated in the Member States and regions referred to respectively in Annexes I and II are recognized as officially free of brucellosis providing, at least, the conditions laid down in Articles 3, 4 and 5 continue to be fulfilled.
Article 3
1. An identification system making it possible to trace, for each bovine animal, the herds of origin and transit shall be set up.
2. All cases and suspected cases of brucellosis must be notified to the competent authorities who will arrange for an official investigation to include serological testing according to a method laid down in Annex C of Directive 64/432/EEC.
3. When investigating abortions, which are suspected to be due to brucella infection, appropriate samples must be taken for microbiological examination. Ideally, in such cases, sampling for serological testing should be carried out not less than 14 days after abortion.
4. When an animal is suspected of being infected with brucellosis, it must be placed in strict isolation and the officially brucellosis-free status of the herd shall be suspended pending resolution of the animal's health status.
5. If the suspicion of brucellosis is confirmed, either by serological tests or by clinical or laboratory examination, the officially brucellosis free status of the herd of origin and transit shall be withdrawn.
Article 4
The status of official brucellosis freedom shall remain withdrawn until such time as:
- all the animals that have been deemed to be infected have been removed from the herd,
- the premises and utensils have been disinfected,
- all the remaining bovine animals over twelve months of age have reacted negatively to at least two official tests in accordance with Annex C of Directive 64/432/EEC, the first one being carried out at least one month after the infected animal(s) has left the herd and the second one at least three months after the first.
Article 5
Details of any breakdown herds, as well as an epidemiological report, shall be communicated to the Commission without delay, it is being understood that a 'breakdown herd` means a herd of origin or transit which is deemed to be infected with brucellosis.
Article 6
Commission Decisions 79/837/EEC (3), 80/775/EEC (4), 94/960/EC (5) and 95/74/EC (6) are hereby withdrawn.
Article 7
This Decision shall apply from 1 January 1997.
Article 8
This Decision is addressed to the Member States.
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*****
COMMISSION REGULATION (EEC) No 2646/81
of 10 September 1981
amending for the seventh time Regulation (EEC) No 2730/79, and amending for the second time Regulation (EEC) No 3183/80 in relation to supplies to certain platforms and naval vessels
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the provisions mentioned in the citations of:
- Commission Regulation (EEC) No 2730/79 of 29 November 979 laying down common detailed rules for the application of the system of export refunds on agricultural products (1), as last amended by Regulation (EEC) No 2620/81 (2),
- Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EEC) No 2620/81,
Whereas Article 5 (1) of Regulation (EEC) No 2730/79 allows victualling of certain ships and aircraft within the Community to benefit from export refunds; whereas the rate of refund applicable to such deliveries is often above the lowest rate;
Whereas victualling supplies delivered to destinations outside the Community are eligible for export refunds but only at the lowest rate;whereas it has been represented that in order to maintain the competitiveness ofCommunity goods supplied to platorms in certain areas in proximity to Member States refunds should be made available at the rate applicable to victualling within the Community; whereas the payment of a refund rate above the lowest in respect of deliveries to a particular destination cannot in any event be justified unless there is sufficient means of being satisfied that the goods have reached that destination; whereas the delivery of supplies to platforms in isolated sea areas is necessarily a specialized operation such that it would appear possible to exercise sufficient control over these deliveries; whereas subject to adequate control measures being specified it would appear reasonable to apply to these deliveries the rate of refund for victualling within the Community; whereas it is possible to provide a simplified procedure for deliveries of lesser importance; whereas, since the width of territorial waters varies according to the Member State between 3 and 12 miles, it would also be reasonable to regard as exports deliveries to all such platforms beyond a three-mile limit;
Whereas when a naval vessel belonging to a Member State is victualled on the high seas by a naval supply vessel operating from a Community port it is possible to obtain certification of that delivery from an official body; whereas it would be reasonable to apply to such deliveries the same rate of refund as applies to victualling in a Community port;
Whereas an export licence is not required for operations to victual ships and aircraft within the Community if advance fixing of a levy or refund is not requested; whereas, since the justification is similar, this provision should also be applied to deliveries to the aforesaid platforms and naval vessels and Regulation (EEC) No 3183/80 amended accordingly;
Whereas the opportunity should be taken to correct in the English text a translation error in Regulation (EEC) No 2730/79 and certan minor errors in Regulation (EEC) No 3183/80;
Whereas the measures provided for in this Regulation are in accordance with the opinion of all the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2730/79 is hereby amended as follows:
1. In Article 9 (2) the following third indent is inserted:
'- deliveries of catering supplies to platforms as specified in Article 19b (1) (a) shall in all cases be considered to have left the geographical territory of the Community.'
2. The following Article 19b is inserted:
'Article 19b
1. Deliveries of catering supplies:
(a) to drilling or extraction platforms, including workpoints providing support services for such operations, situated within the area of the Euro
pean continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three mile zone starting from the base line used to determine the width of a Member State's territorial sea; and
(b) on the high seas, to naval vessels flying the flag of a Member State,
shall for the purpose of establishing the rate of refund payable be considered as supplies under Article 5 (1) (a).
"Catering supplies" means any products intended solely for consumption on board.
2. The provisions of paragraph 1 shall apply where the rate of refund is above the lowest rate specified in Article 21. Member States may in these cases apply them to the whole of the delivery on board as referred to in paragraph 1. The application of these provisions is subject to:
(a) a certificate of delivery on board being furnished; and
(b) in the case of platforms
- the delivery forming part of the supply arrangements for the platform, as recognized as normal by the competent authority of the Member State from which shipment to the platform takes place. In this respect the ports or places of shipment, the types of vessel - where supply is by sea - and the types of packaging or containers shall, except in an emergency, be those normally used;
- the supplying vessel or helicopter being operated by a party who maintains within the Community records which are available for inspection and which are sufficient for checking the details of the voyage or flight.
3. The certificate of delivery on board, referred to in paragraph 2 (a), shall give full details of the products, and the name and/or other identification details of the platform or naval vessel to which they were delivered together with the date of delivery. Member States may require further information to be given.
The certificate shall be signed:
(a) in the case of platforms: by a person who the operators of the platform advise has responsibility for the maintenance of supplies on board. The competent authorities shall adopt appropriate measures to ensure that the transaction is genuine. Member States shall advise the Commission of the measures adopted;
(b) in the case of naval vessels: by the defence authorities.
Notwithstanding paragraph 2, in the case of supplies to platforms, Member States may exempt exporters from the requirement to produce a certificate of delivery on board in the case of an export declaration:
- giving entitlement to a refund not exceeding 2 500 ECU,
- providing, to the satisfaction of the Member State, adequate guarantees that the products reach their destination, and
- where the transport document and proof of payment are submitted.
The provisions of Article 23 (2) are applicable in this case.
4. The competent authorities of the Member State which pays the refund shall undertake checks of quantities claimed to have been delivered to platforms by inspection of the records of the exporter and the party which operated the supply vessel or helicopter. They shall also satisfy themselves that the quantities of victualling supplies delivered under the provisions of this Article have not exceeded the needs of the personnel on board.
For the application of the preceding subparagraph the assistance of the competent authorities of other Member States shall, as necessary, be requested.
5. Where in respect of supplies to a platform Article 11 applies Box 104 of the control copy shall be completed by deleting "- other" and adding one of the following entries:
- Proviant til platforme - forordning (EOEF) no 2730/79;
- Bevorratungslieferung fuer Plattformen - Verordnung (EWG) Nr. 2730/79;
- Promítheies trofodosías gia exédres - kanonismós (EOK) arith. 2730/79;
- Catering supplies for platform - Regulation (EEC) No 2730/79;
- Livraison pour l'avitaillement des plates-formes - Règlement (CEE) no
- Provviste di bordo per piattaforma - Regolamento (CEE) n. 2730/79;
- Leverantie van boordproviand aan platform - Verordening (EEG) nr. 2730/79.
6. The provisions of Articles 6 and 26 may be applied in the case of catering supplies for delivery to platforms specified in paragraph 1 subject to compliance with the provisions of paragraphs 2 and 3.
The warehousekeeper shall undertake to keep in the register specified in Article 26 (2) (b) details of the platform to which each consignment is sent, the name/number of the supply vessel/helicopter and the date of placing on board. The certificates of delivery on board specified in paragraph 3 (a) shall form part of the register.
7. Member States shall arrange for a record to be kept of the quantities of products, within each commodity sector, which are delivered to platforms and which benefit from the provisions of this Article.'
3. Article 20 (4) (c) is replaced in the English version by the following text:
'(c) a certificate of unloading from a company which specializes at international level in checking and supervision and which has been approved by the Member State in which customs export formalities were completed.'
Article 2
Regulation (EEC) No 3183/80 is hereby amended as follows:
1. In Article 5 (1) the first indent is replaced by the following:
'- as specified in Article 5, 19b or 26 of Regulation (EEC) No 2730/79, or'.
2. In the English version:
- The first subparagraph of Article 31 (3) is replaced by the following:
'3. Where on completion of customs export formalities as referred to in the first indent of Article 22 (1) (b), a product is placed under one of the procedures provided for in Title IV, Section I of Regulation (EEC) No 223/77 for carriage to a station of destination or delivery to a consignee outside the geographical territory of the Community, the control copy required under paragraph 2 (b) shall be returned or sent by the office of departure to the party concerned or where appropriate through official channels to the agency which issued the licence or certificate. One of the following endorsements shall be entered in the section "Control as to use and/or destination":'
- The second subparagraph of Article 33 (4) (b) is replaced by the following:
'The sum to be repaid shall be 80 % of: the amount forfeited in accordance with subparagraph (a), less any amount to be forfeited pursuant to paragraph 3.'
Article 3
This Regulation shall enter into force on 12 October 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 803/2008
of 8 August 2008
amending for the 98th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1), first indent, thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 23, 28 and 31 July 2008, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.
(3)
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 2008. | [
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COUNCIL REGULATION (EEC) No 1534/89 of 13 March 1989 on the application of Decision No 1/89 of the EEC-Finland Joint Committee amending the Agreement between the European Economic Community and the Republic of Finland and certain other Agreements concluded in the same context between the European Community and the Republic of Finland, following the introduction of the harmonized commodity description and coding system
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Republic of Finland was signed on 5 October 1973 (1) and entered into force on 1 January 1974;
Whereas, pursuant to Article 12a of the above Agreement, the Joint Committee adopted Decision No 1/89 amending the Agreement, the Additional Protocol and certain Agreements in the form of Exchanges of Letters, following the introduction of the harmonized commodity description and coding system;
Whereas it is necessary to apply that Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/89 of the EEC-Finland Joint Committee shall apply in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, of 13 March 1989.
For the Council
The President
C. SOLCHAGA CATALAN
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Commission Regulation (EC) No 272/2002
of 14 February 2002
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
- the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
- marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
- the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
- the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
- the need to avoid disturbances on the Community market, and
- the economic aspect of the proposed exports.
(3) Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a) prices ruling on third country markets;
(b) the most favourable prices in third countries of destination for third country imports;
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d) free-at-Community-frontier offer prices.
(4) Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5) Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6) In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products(3), as last amended by Regulation (EC) No 156/2002(4), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(5), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7) Commission Regulation (EEC) No 896/84(6), as last amended by Regulation (EEC) No 222/88(7), laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8) For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9) It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 15 February 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1510/96 of 26 July 1996 concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EC) No 1192/96 (2), and in particular Article 9,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas it is accepted that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the combined nomenclature and which do not conform to the rights established by this Regulation, can continue to be invoked, under the provisions in Article 12 (6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3), for a period of three months by the holder;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
Binding tariff information issued by the customs authorities of Member States which does not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 12 (6) of Regulation (EEC) No 2913/92 for a period of three months.
Article 3
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1996. | [
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*****
COMMISSION DECISION
of 9 February 1990
amending Decision 88/139/EEC on the multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by Germany pursuant to Regulation (EEC) No 4028/86
(Only the German text is authentic)
(90/102/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Articles 4 and 5 (2) thereof,
Whereas the results of meetings with the German authorities about the progress of the multiannual guidance programme established in Commission Decision 88/139/EEC (2) have been taken into account;
Whereas the process of fleet adjustment which has been started and the implementation of measures by Germany for the effective control of fishing fleet capacity requires some time;
Whereas particularly the distant water fleet has been subject to a fundamental restructuring process and whereas the fishing activities of the distant water fleet are mainly carried out in non-Community waters;
Whereas the Commission intends to support efforts at improvement made by Germany as soon as the administrative or regulatory measures undertaken appear to show results which confirm that the structural evolution of the fleet is oriented towards and will lead to achievement of the objectives set for not later than 31 December 1991 by Decision 88/139/EEC;
Whereas in order to administer the derogations to the principle of incompatibility of State aid with the common market the Commission has adopted guidelines for the examination of national aid in the fisheries sector (3);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry,
HAS ADOPTED THIS DECISION:
Article 1
Decision 88/139/EEC is amended as follows:
1. Article 3, second paragraph, is replaced by the following:
'The Commission shall on the basis of its assessment of the information provided on a regular basis as specified in Article 2 or where this information is not supplied, inform the Member State, if necessary, at the end of one six-month period that it has been found that the conditions to which approval of the programme was made subject have not been fulfilled.'
2. The Annex is replaced by the Annex hereto.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 9 February 1990. | [
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COMMISSION DECISION
of 10 September 2009
recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of bixafen in Annex I to Council Directive 91/414/EEC
(notified under document C(2009) 6771)
(Text with EEA relevance)
(2009/700/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(3) thereof,
Whereas:
(1)
Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.
(2)
A dossier for the active substance bixafen was submitted by Bayer CropScience to the authorities of the United Kingdom on 8 October 2008 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.
(3)
The United Kingdom authorities have indicated to the Commission that, on preliminary examination, the dossier for the active substance concerned appears to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossier submitted appears also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossier was subsequently forwarded by the respective applicant to the Commission and other Member States, and was referred to the Standing Committee on the Food Chain and Animal Health.
(4)
By this Decision it should be formally confirmed at Community level that the dossier is considered as satisfying in principle the data and information requirements set out in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.
(5)
This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossier concerning the active substance identified in the Annex to this Decision, which was submitted to the Commission and the Member States with a view to obtaining the inclusion of that substance in Annex I to that Directive, satisfies in principle the data and information requirements set out in Annex II to that Directive.
The dossier also satisfies the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.
Article 2
The rapporteur Member State shall pursue the detailed examination for the dossier referred to in Article 1 and shall communicate to the Commission the conclusions of its examination accompanied by a recommendation on the inclusion or non-inclusion in Annex I to Directive 91/414/EEC of the active substance referred to in Article 1 and any conditions for that inclusion as soon as possible and at the latest within a period of 1 year from the date of publication of this Decision in the Official Journal of the European Union.
Article 3
This Decision is addressed to the Member States.
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COMMISSION REGULATION (EU) No 25/2010
of 13 January 2010
derogating from Regulation (EC) No 796/2004 as regards the reduction of the amounts of the aid for farmers in Greece for 2009
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1) and in particular Article 142(c) thereof,
Whereas:
(1)
Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No 1782/2003 and (EC) No 73/2009, as well as for the implementation of cross-compliance provided for in Council Regulation (EC) No 479/2008 (2) provides, in its Article 21, for reductions to be applied in the case of late submission of an aid application as well as documents, contracts or declarations which are constitutive for the eligibility for the aid.
(2)
Pursuant to Article 6 of Regulation (EC) No 796/2004 Member States have to ensure that agricultural parcels are reliably identified and to require the single application to be accompanied by documents identifying the parcels in order to enable the implementation of the control system. Moreover, pursuant to Article 12(1) of that Regulation the single application shall contain all the information necessary to establish the eligibility for the aid. This includes particulars permitting identification of all agricultural parcels on the holding and their location.
(3)
In order to tackle the deficiencies related to the identification of agricultural parcels, which were regularly detected in the past, the Greek farmers were required for the first time in 2009, for their application to be eligible, to identify the agricultural parcels related to their application also in digital form, in addition to the identification in alpha-numeric form solely required in previous years.
(4)
However, Greece has experienced exceptional circumstances in its administration of the single application for 2009. The practical implementation of such digital identification was significantly delayed due to unexpected problems, linked to the severe technical difficulties experienced.
(5)
Apart from its intrinsic technical complexity, the digitisation process was hampered by the overall situation of Greek agricultural parcels, widely scattered and significantly entangled. Specific abilities and in-depth knowledge were accordingly required of farmers in order to ensure the smooth and accurate implementation of the digitisation process.
(6)
In this connection, extensive information and advice from the competent public and private bodies involved proved necessary. Specific large-scale and time-consuming arrangements for an appropriate training of Greek farmers were required.
(7)
In addition, a series of severe and persistent network failures and ill-functioning connections, in particular in remote areas, were experienced.
(8)
This situation has affected to a significant degree the Greek farmers’ ability to lodge, within the deadline provided for in Article 11(2) of Regulation (EC) No 796/2004, a single application that would also encompass, from 2009 onwards, a digitised identification of the agricultural parcels. Indeed, only a very small number of farmers have been able to comply with the requirement of digitised identification within the deadline. Numerous other farmers have subsequently completed their application by adding such identification.
(9)
In view of this situation, it is appropriate that for the 2009 application year, no reductions or exclusion as laid down in Article 21(1) of Regulation (EC) No 796/2004 should apply on grounds of late digital identification of agricultural parcels, provided such digital identification is included in the farmers’ single application by a date which takes into account both the fact that numerous Greek farmers have in the meantime been able to complete the missing data and the need to ensure a speedy treatment of applications received for 2009, avoiding unnecessary delays in the expenditure cycle. It appears appropriate to set 31 January 2010 as the latest date by which farmers should be allowed to supplement the digitised identification. However, in order to take into account their particular connection and transport problems, farmers in the smaller Aegean islands within the meaning of Article 1(2) of Council Regulation (EC) No 1405/2006 of 18 September 2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (3) should be allowed to supplement such identification by 15 February 2010 at the latest.
(10)
Since the proposed derogation should cover the applications submitted for aid year 2009, it is appropriate that this Regulation applies retroactively.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from Article 21(1) of Regulation (EC) No 796/2004, in respect of the application year 2009 in Greece, no reductions or exclusion shall apply on grounds of late digital identification of agricultural parcels, provided that such digital identification is included in the farmers’ single application by 31 January 2010 at the latest. However, for the farmers in the smaller Aegean islands within the meaning of Article 1(2) of Regulation (EC) No 1405/2006, such digital identification shall be included in the farmers’ single application by 15 February 2010 at the latest.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply as from 1 January 2009.
It shall expire on 16 February 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 27 June 1997 on the approval of the single programming document for Community structural assistance in the region of Bretagne concerned by Objective 2 in France (Only the French text is authentic) (97/724/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10 (1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (6) to 9 (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas however the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a single programming document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopt a single decision in a single document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3);
Whereas the Commission has established, by Decision 96/472/EC (4), the list of declining industrial areas concerned by Objective 2 for the programming period from 1997 to 1999;
Whereas the global maximum allocation foreseen for the assistance of the Structural Funds for the present single programming document is composed of resources coming from the indicative allocation of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 resulting from Commission Decision 96/468/EC (5) and from unused appropriations of ECU 8,108 million of the corresponding single programming document covering the period 1994 to 1996, pursuant to Commission Decision C(96) 4161/2 of 18 December 1996;
Whereas the French Government has submitted to the Commission on 30 December 1996 the single programming document as referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for the region of Bretagne; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this single programming document is eligible as from that date;
Whereas the single programming document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the single programming document;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments;
Whereas the EIB has been involved in the drawing up of the single programming document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs;
Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (8), as amended by Regulation (EEC) No 2083/93 (9), defines the measures for which the ERDF may provide financial support;
Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (10), as amended by Regulation (EEC) No 2084/93 (11), defines the measures for which the ESF may provide financial support;
Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas Article 9 (3) of Regulation (EEC) No 4253/88 lays down that Member States shall provide the relevant financial information to the Commission to permit verification of the respect of the principle of additionality; whereas the analysis, in the framework of partnership, of the information provided for by the French authorities has not yet allowed this verification; whereas payments should therefore be suspended after the first advance provided for in Article 21 (2) of the said Regulation until the Commission has verified the respect of the additionality;
Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (12), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (13), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas it is appropriate to mention that this Decision is ruled by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision C(97) 1035/1 of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of France;
Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance in the region of Bretagne concerned by Objective 2 in France, covering the period 1 January 1997 to 31 December 1999, is hereby approved.
Article 2
The single programming document includes the following essential elements:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies of France;
the main priorities are:
1. to mobilize firms for employment,
2. to develop the research, development, and training potential,
3. to support modernization of harbour sites,
4. to develop the assets of Bretagne as regards tourism,
5. to improve the attraction of the territories,
6. to support restructuring of defence;
(b) the assistance from the Structural Funds as referred to in Article 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the provisions on financial implementation,
- the rules for compliance with Community policies;
(d) the procedures for verifying additionality;
(e) the arrangements for associating the environmental authorities with the implementation of the single programming document;
(f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned.
Article 3
1. For the purpose of indexation, the annual breakdown of the global maximum allocation foreseen for the assistance from the Structural Funds is as follows:
TABLE
2. To this global maximum allocation is added an amount of ECU 8,108 million not subject to indexation, resulting from unused appropriations of the corresponding single programming document covering the period 1994 to 1996.
Article 4
The assistance from the Structural Funds granted to the single programming document amounts to a maximum of ECU 118,334 million.
The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the single programming document.
The national financial contribution envisaged, which is approximately ECU 150 million for the public sector and ECU 45 million for the private sector, may be met in part by Community loans, in particular from the EIB.
Article 5
1. The breakdown among the Structural Funds of the total Community assistance available is as follows:
- ERDF: ECU 101,603 million,
- ESF: ECU 16,731 million.
2. The budgetary commitments for the first instalment are as follows:
- ERDF: ECU 32,609 million,
- ESF: ECU 5,370 million.
Commitments of subsequent instalments will be based on the financing plan for the single programming document and on progress in its implementation.
3. Payments subsequent to the first advance provided for in Article 21 (2) of Regulation (EEC) No 4253/88 shall be subject to confirmation by the Commission of the respect of the principle of additionality on the basis of the relevant information supplied by the Member State.
Article 6
The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
The Community aid concerns expenditure on operations under the single programming document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 8
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 9
This Decision is ruled by the provisions laid down in the Annex to Decision C(97) 1035/1.
Article 10
This Decision is addressed to the French Republic.
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COMMISSION REGULATION (EC) No 106/2009
of 4 February 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 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 Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 5 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 February 2009. | [
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COMMISSION DECISION of 11 December 1997 repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in, or consigned from Iran (Text with EEA relevance) (97/830/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (1) and in particular Article 10 (1) thereof,
Whereas Commission Decision 97/613/EC of 8 September 1997 on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in, or consigned from Iran (2) is applicable until 15 December 1997 and should be repealed;
Whereas pistachios originating in, or consigned from Iran have been found to be, in many cases, contaminated with excessive levels of Aflatoxin B1;
Whereas the Scientific Committee for Food has noted that Aflatoxin B1, even at extremely low doses, causes cancer of the liver and in addition is genotoxic;
Whereas this constitutes a serious threat to public health within the Community and it is imperative to adopt protective measures at Community level;
Whereas an examination of conditions of hygiene in Iran has been undertaken and revealed that improvements in hygiene practices and the traceability of pistachios are required; whereas the mission team was unable to check all stages of the handling of pistachios prior to exportation; whereas commitments have been received from the Iranian Authorities in particular in relation to improvements in production, handling, sorting, processing, packaging and transport practices; whereas it is therefore appropriate to subject pistachios or products derived from pistachios originating in, or consigned from Iran to special conditions to provide a high level of protection to public health;
Whereas pistachios and products derived from pistachios originating in, or consigned from Iran, may be imported, provided that these special conditions are applied;
Whereas it is necessary that pistachios and products derived from pistachios have been produced, sorted, handled, processed, packaged and transported following good hygienic practices; whereas it is necessary to establish the levels of Aflatoxin B1 and total Aflatoxin in samples taken from the consignment immediately prior to leaving Iran;
Whereas it is necessary for documentary evidence to be provided by the Iranian Authorities to accompany each consignment of pistachios originating in, or consigned from Iran, relating to the conditions of production, sorting, handling, processing, packaging and transport and the results of laboratory analysis of the consignment for levels of Aflatoxin B1 and total Aflatoxin;
Whereas, it is necessary to submit for analyses lots of pistachios originating in, or consigned from all third countries, in order to determine the levels of contamination of pistachios from all sources with Aflatoxin B1 and total Aflatoxin, whereas co-ordinated official control programmes for foodstuffs shall be completed to this end;
Whereas Member States have been consulted on 29 October 1997 and on 10 November 1997,
HAS ADOPTED THIS DECISION:
Article 1
This Decision repeals Decision 97/613/EC of 8 September 1997 on the temporary suspension of imports of pistachios and products derived from pistachios originating in, or consigned from Iran.
Article 2
1. Member States may import:
- pistachios falling within CN code 0802 50 00,
- roasted pistachios falling within CN codes 2008 19 13 and 2008 19 93;
originating in, or consigned from Iran, only where the consignment is accompanied by the results of official sampling and analysis, and the health certificate in Annex I, completed, signed and verified by a representative of the Iranian Ministry of Health.
2. Pistachios and products derived from pistachios originating in, or consigned from Iran, may only be imported into the Community through one of the points of entry listed in Annex II.
3. Each consignment shall be identified with a code which corresponds to the code on the sampling results of the official sampling and analysis and health certificate referred to in paragraph 1.
4. The competent authorities in each Member State shall ensure that imported pistachios originating in, or consigned from Iran, are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1, are complied with.
5. The competent authority shall ensure that before release onto the market from the point of entry into the Community, each consignment is subject to systematic sampling and analysis for Aflatoxin B1 and total Aflatoxin. The Commission shall be informed by the competent authority of the results of these analyses.
Article 3
The present Decision shall be reviewed before the 31 October, 1998, in order to assess whether the special conditions referred to in Article 2 provide a sufficient level of protection to public health within the Community. The review shall also assess whether there is a continuing need for the special conditions.
Article 4
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 11 December 1997. | [
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Commission Regulation (EC) No 610/2003
of 2 April 2003
laying down temporary provisions concerning the notification of licence applications provided for by Regulation (EC) No 1961/2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 47/2003(2),
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(3), as last amended by Regulation (EC) No 1176/2002(4), and in particular Article 7(3)(b) thereof,
Whereas:
(1) Regulation (EC) No 1961/2001 lays down that Member States are to notify licence applications to the Commission on Mondays and Thursdays each week.
(2) Thursday, 17, Friday, 18 and Monday, 21 April 2003 are Commission holidays. The notification of licence applications submitted on Monday, 14 and Tuesday, 15 April 2003 should therefore be brought forward to Wednesday, 16 April 2003 while the notification of licence applications submitted from Wednesday, 16 to Monday, 21 April 2003 should be put back to Tuesday, 22 April 2003.
(3) Thursday, 29 and Friday 30 May, 2003 are Commission holidays. The notification of licence applications submitted on Monday, 26 and Tuesday, 27 May 2003 should therefore be brought forward to Wednesday, 28 May 2003 while the notification of licence applications submitted from Wednesday, 28 to Saturday, 31 May 2003 should be put back to Monday, 2 June 2003.
HAS ADOPTED THIS REGULATION:
Article 1
1. The notification, referred to in Article 7(3)(b) of Regulation (EC) No 1961/2001, of licence applications submitted on Monday, 14 and Tuesday, 15 April 2003 shall be made no later than 12.00 (Brussels time) on Wednesday, 16 April 2003 rather than on Thursday, 17 April 2003.
2. The notification, referred to in Article 7(3)(b) of Regulation (EC) No 1961/2001, of licence applications submitted from Wednesday, 16 to Monday, 21 April 2003 shall be made no later than 12.00 (Brussels time) on Tuesday, 22 April 2003 rather than on Monday, 21 April 2003.
Article 2
1. The notification, referred to in Article 7(3)(b) of Regulation (EC) No 1961/2001, of licence applications submitted on Monday, 26 and Tuesday, 27 May 2003 shall be made no later than 12.00 (Brussels time) on Wednesday, 28 May 2003 rather than on Thursday, 29 May 2003.
2. The notification, referred to in Article 7(3)(b) of Regulation (EC) No 1961/2001, of licence applications submitted from Wednesday, 28 to Saturday, 31 May 2003 shall be made no later than 12.00 (Brussels time) on Monday, 2 June 2003.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2003. | [
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*****
COMMISSION REGULATION (EEC) No 2108/86
of 4 July 1986
amending Regulation (EEC) No 2730/79 laying down common detailed rules for the application of the system of export refunds on agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as amended by Regulation (EEC) No 1838/86 (2), and in particular Article 11 (5) thereof,
Whereas Article 13 (3) of Commission Regulation (EEC) No 2730/79 (3), as last amended by Regulation (EEC) No 3826/85 (4), specifies, for the purposes of paragraph 2 of that Article, the list of refunds which are considered as refunds fixed on the basis of a component; whereas Regulation (EEC) No 426/86 alters the list of components used in products, containing added sugars, which are processed from fruit and vegetables and which are eligible for a refund when the products in question are exported to third countries; whereas Regulation (EEC) No 2730/79 should be adapted in the light of that amendment;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The second indent of Article 13 (3) of Regulation (EEC) No 2730/79 is hereby replaced by the following:
'- refunds applicable to white sugar and raw sugar falling within heading No 17.01 of the Common Customs Tariff, glucose and glucose syrup falling within subheading 17.02 B I and B II of the Common Customs Tariff, isoglucose falling within subheading 17.02 D I of the Common Customs Tariff and beet and cane syrups falling within subheading 17.02 D II of the Common Customs Tariff used in products listed in Article 1 (1) (b) of Regulation (EEC) No 426/86.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 1986. | [
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*****
COMMISSION REGULATION (EEC) No 1845/89
of 26 June 1989
fixing the maximum moisture content of cereals offered for intervention in certain Member States during the 1989/90 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1213/89 (2), and in particular Article 7 (6) thereof,
Whereas Council Regulation (EEC) No 2731/75 of 29 October 1975 fixing standard qualities for common wheat, rye, barley, maize, sorghum and durum wheat (3), as last amended by Regulation (EEC) No 2094/87 (4), in particular fixes a maximum moisture content of 14 % for cereals other than durum wheat; whereas, under Commission Regulation (EEC) No 1569/77 of 11 July 1977 fixing the procedure and conditions for the taking over of cereals by intervention agencies (5), as last amended by Regulation (EEC) No 1663/89 (6), a maximum moisture content of 14,5 % was fixed; whereas Article 2 (4) of that Regulation also provides that the Member States may be authorized at their request and under certain conditions to apply a moisture content of 15 % for all cereals with the exception of durum wheat;
Whereas certain Member States have submitted requests to that end;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Member States listed in the Annex hereto are hereby authorized to fix a maximum moisture content of 15 % for cereals listed therein and offered for intervention during the 1989/90 marketing year.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 June 1989. | [
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Council Decision
of 28 June 2001
establishing a second phase of the programme of incentives, exchanges, training and cooperation for law enforcement authorities (Oisin II)
(2001/513/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 30(1), 31(a) and 34(2)(c) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of police and judicial cooperation.
(2) The conclusions of the Tampere European Council call for closer cooperation between the authorities responsible for combating crime.
(3) The Oisin programme, set up by Council Joint Action 97/12/JHA of 20 December 1996 providing a common programme for the exchange and training of, and cooperation between, law enforcement authorities ("Oisin")(3), has helped step up cooperation between the Member States' law enforcement authorities.
(4) The renewal of the programme, expressly provided for by that Joint Action, would enable this cooperation to be improved, in particular by making full use of the operational benefits of the programme.
(5) It is desirable to ensure continuity for the projects supported by the Oisin programme and to renew the programme for a second phase of two years.
(6) The Oisin programme must be opened up further to the applicant countries by facilitating their participation in the projects supported by the programme.
(7) The measures necessary for the implementation of this Decision should be adopted in accordance with the procedures set out herein.
(8) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the EC-Treaty,
HAS ADOPTED THIS DECISION:
Article 1
Establishment of the programme
1. This Decision establishes the second phase of the Oisin cooperation programme set up by Joint Action 97/12/JHA.
2. The programme is hereby renewed for the period from 1 January 2001 to 31 December 2002.
Article 2
Programme objectives
1. The programme shall contribute to the general objective of providing citizens with a high level of protection in an area of freedom, security and justice. Within this framework, it is intended to encourage cooperation between the Member States' law enforcement authorities and to provide such authorities with a greater insight into the working methods of their counterparts in other Member States and constraints by which they may be bound.
2. The applicant countries may participate in projects in order to familiarise themselves with the Union acquis in this area and help them prepare for accession. Other third countries may also participate where this serves the aims of the projects.
Article 3
Access to the programme
1. The programme shall co-finance projects submitted by the law enforcement authorities of the Member States of the European Union with the aim of achieving the objectives referred to in Article 2.
2. For the purposes of this Decision, "law enforcement authorities" means the public bodies in the Member States which are responsible under national law for preventing, detecting and combating criminal offences.
3. To be eligible for co-financing, the projects must involve at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2.
4. The programme may also finance:
(a) specific projects organised by Member States of particular interest in terms of the programme's priorities or cooperation with the applicant countries;
(b) complementary measures organised by Member States such as seminars, meetings of experts or other activities to disseminate the information obtained under the programme.
Article 4
Activities under the programme
The programme shall comprise the following types of activities:
(a) training;
(b) exchanges and work experience placements;
(c) studies and research;
(d) meetings and seminars;
(e) dissemination of the results obtained within the framework of the programme.
Article 5
Financing the programme
1. The financial reference amount for the implementation of this programme for the period 2001 to 2002 shall be EUR 8 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. The co-financing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Union.
4. Financing decisions shall be followed by grant contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.
5. The proportion of financial support from the Community budget shall not exceed 70 % of the cost of the project.
6. However, the specific projects and complementary measures mentioned in Article 3(4) can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for specific projects under Article 3(4)(a) and 5 % for complementary measures under Article 3(4)(b).
Article 6
Implementation of the programme
1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.
2. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.
3. To implement the programme, the Commission shall:
(a) prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures;
(b) evaluate and select the projects presented by the organisers mentioned in Article 3.
4. The Commission shall submit to the Committee mentioned in Article 7 the draft measures to be taken to implement the project in sufficient time to enable the Member States to consider them. Examination of the drafts presented by the organisers shall be carried out in accordance with the advisory procedure laid down in Article 8. Examination of the annual work programme, the specific projects and the complementary measures shall be carried out in accordance with the management procedure laid down in Article 9.
5. The Commission shall, on condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:
(a) conformity with the programme's objectives;
(b) European dimension of the project and scope for participation by the applicant countries;
(c) compatibility with the work undertaken or planned within the framework of the European Union's political priorities on police and customs cooperation;
(d) complementarity with other past, present or future cooperation projects;
(e) ability of the organiser to implement the project;
(f) inherent quality of the project in terms of its conception, organisation, presentation and expected results;
(g) amount of the subsidy requested under the programme and proportionality with the expected results;
(h) impact of the expected results on the programme's objectives.
These criteria will be prioritised in the annual work programme.
Article 7
Committee
1. The Commission shall be assisted by a committee, entitled the "Oisin Committee", consisting of representatives of the Member States and chaired by the Commission's representative.
2. This committee shall adopt its rules of procedure on a proposal by the chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities.
3. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.
Article 8
Advisory procedure
1. Where reference is made to this Article, the Commission shall be assisted by an advisory committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which the opinion has been taken into account.
Article 9
Management procedure
1. Where reference is made to this Article, the Commission shall be assisted by a management committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.
4. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 3.
Article 10
Evaluation
1. The Commission shall undertake each year an evaluation of the actions carried out in implementing the programme for the previous year. The outcome of the evaluation shall be forwarded to the committee.
2. The Commission shall report each year to the European Parliament and the Council on the implementation of the programme. The first report shall be presented before 31 July 2002.
Article 11
Entry into force
This Decision shall take effect from the day of its publication in the Official Journal.
It shall apply until 31 December 2002.
Done at Luxembourg, 28 June 2001. | [
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COUNCIL REGULATION (EC) No 1362/98 of 26 June 1998 fixing the amount of aid in respect of silkworms for the 1998/1999 rearing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 845/72 of 24 April 1972 laying down special measures to encourage silkworm rearing (1), and in particular Article 2(3) thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas Article 2 of Regulation (EEC) No 845/72 provides that the amount of aid for silkworms reared within the Community must be fixed each year in such a way as to help ensure a fair income for silkworm rearers, taking into account the state of the market in cocoons and raw silk, of foreseeable trends on that market and of import policy;
Whereas application of the abovementioned criteria entails fixing the amount of aid at the level mentioned below,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1998/1999 rearing year, the amount of aid in respect of silkworms as referred to in Article 2 of Regulation (EEC) No 845/72 shall be fixed at ECU 133,26 per box of silkworm eggs used.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 April 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 1998. | [
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Commission Regulation (EC) No 1504/2001
of 23 July 2001
determining the extent to which applications submitted in July 2001 for import licences for the tariff quota for beef and veal provided for in Council Regulation (EC) No 2475/2000 for the Republic of Slovenia can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 2673/2000 of 6 December 2000 laying down detailed rules for the application of the tariff quota for beef and veal provided for in Council Regulation (EC) No 2475/2000 for the Republic of Slovenia(1), and in particular Article 4(4) thereof,
Whereas:
Article 2(1) of Regulation (EC) No 2673/2000 fixes the quantity of fresh or chilled beef and veal originating in Slovenia which may be imported under special conditions from 1 July to 31 December 2001. The quantity of meat for which import licences have been submitted is such that applications may be granted in full,
HAS ADOPTED THIS REGULATION:
Article 1
Import licences shall be granted for the full quantities covered by applications submitted for the quota referred to in Regulation (EC) No 2673/2000 for the period 1 July to 31 December 2001.
Article 2
This Regulation shall enter into force on 24 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2001. | [
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COMMISSION DIRECTIVE 2009/86/EC
of 29 July 2009
amending Directive 98/8/EC of the European Parliament and of the Council to include fenpropimorph as an active substance in Annex I thereto
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes fenpropimorph.
(2)
Pursuant to Regulation (EC) No 1451/2007, fenpropimorph has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.
(3)
Spain was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 4 December 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(4)
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report.
(5)
It appears from the examinations made that biocidal products used as wood preservatives and containing fenpropimorph may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include fenpropimorph in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing fenpropimorph can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.
(6)
In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing fenpropimorph and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products intended for industrial use should be used with appropriate protective equipment if the risk identified for industrial users cannot be reduced by other means.
(7)
Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.
(8)
It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance fenpropimorph and also to facilitate the proper operation of the biocidal products market in general.
(9)
A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.
(10)
After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing fenpropimorph to ensure that they comply with Directive 98/8/EC.
(11)
Directive 98/8/EC should therefore be amended accordingly.
(12)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 30 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
They shall apply those provisions from 1 July 2011.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 29 July 2009. | [
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COMMISSION DECISION of 19 December 1990 authorizing certain Member States to apply intra-Community surveillance to imports originating in third countries which have been put into free circulation in the Community and which may be the subject of protective measures under Article 115 of the Treaty (Only the Spanish, Danish, English, French, Italian and Portuguese texts are authentic) (91/18/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,
Having regard to Commission Decision 87/433/EEC of 22 July 1987, on surveillance and protective measures which Member States may be authorized to take pursuant to Article 115 of the EEC Treaty (1), and in particular Articles 1 and 2 thereof,
Whereas the abovementioned Decision requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports concerned;
Whereas the Commission, by Decision of 21 December 1989 (2) and other relevant Decisions, authorized the Member States to introduce such surveillance;
Whereas almost all those Decisions are due to expire on 31 December 1990;
Whereas certain Member States have submitted applications to the Commission for authorization to extend the application of some of these surveillance measures and to introduce new surveillance for products not covered by the abovementioned Decisions;
Whereas the Commission has closely studied, on a case by case basis, these applications in accordance with the criteria laid down by Decision 87/433/EEC taking into account the plan of action established by the Community for the completion of the internal market;
Whereas the Commission examined, in particular whether information was given as regards the economic difficulties alleged and whether, during the reference years set out in Decision 87/433/EEC, significant imports have been realized in the Member States, originating in other Member States;
Whereas this examination has shown that the conditions for the application of surveillance measures in respect of the products listed in the Annexes hereto do exist;
Whereas, therefore, the Member States should be authorized to make them subject to intra-Community surveillance until 31 December 1991;
Whereas, for those imports not listed in the Annexes, Member States remain entitled to submit applications for surveillance, at a later date, depending on the economic situation,
HAS ADOPTED THIS DECISION: Article 1
The Member States named in the annex are authorized, insofar as each is concerned, to apply, until 31 December 1991 and in accordance with Decision 87/433/EEC, intra-Community surveillance of the products listed in the said Annex. Article 2
This Decision is addressed to the Kingdom of Denmark, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Portuguese Republic, the United Kingdom.
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Commission Decision
of 28 May 2003
amending Decision 2003/358/EC concerning protection measures in relation to avian influenza in Germany
(notified under document number C(2003) 1785)
(Only the German text is authentic)
(Text with EEA relevance)
(2003/386/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Council Directive 2002/33/EC(2), and, in particular, Article 10(4) thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC(4), in particular Article 9 thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(5), and in particular Article 4(1) and (3) thereof,
Whereas:
(1) On 9 May the veterinary authorities of Germany have informed the Commission about a strong suspicion of highly pathogenic avian influenza in a poultry flock in the Land of North Rhine-Westphalia, which has been confirmed on 13 May 2003.
(2) Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry.
(3) The German authorities have immediately, before the official confirmation of the disease, implemented the measures foreseen in Council Directive 92/40/EEC(6) introducing Community measures for the control of avian influenza.
(4) For the sake of clarity and transparency the Commission after consultation with the German authorities, has adopted Decision 2003/333/EC(7) of 12 May 2003 concerning protection measures in relation to strong suspicion of avian influenza in Germany, thereby reinforcing the measures taken by the German authorities. Subsequently Decision 2003/358/EC(8) was adopted to prolong and amend the measures.
(5) Since the first outbreak confirmed on 13 May 2003, no further outbreaks have been recorded in Germany.
(6) The protection measures taken by the German authorities should be prolonged until 17 June 2003 and amended in the light of the positive evolution of the disease, by reducing the restricted area as of 8 June, provided no further outbreaks occur.
(7) The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 13 June 2003.
(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,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2003/358/EC shall be amended as follows:
1. Article 1 paragraph 6(a) shall be replaced by the following text:
"6 (a) By way of derogation from paragraphs 1 and 4(a) and (b) the competent authorities of Germany may authorise the transport and dispatch from the area described in part B of the Annex to other parts of Germany not listed in the Annex, of:
- poultry for immediate slaughter to a slaughterhouse that has been designated by the competent veterinary authorities;
- day-old chicks and ready-to-lay pullets, to a holding or shed under official control where no other poultry is kept."
2. A new Article 7a is added as follows:
"Article 7a
1. However as of midnight 8 June 2003, if
(a) no further outbreaks of avian influenza are reported in Germany before 17.00 on 8 June 2003, and
(b) all the clinical examinations and laboratory tests carried out in Germany in relation to holdings infected, suspected or suspected to be contaminated with avian influenza have given negative results,
the Annex shall be replaced by the Annex to this Decision and paragraph 6(a) of Article 1 is replaced by the following text:
'6 (a) By way of derogation from paragraphs 1 and 4 (a) and (b) the competent authorities of Germany may authorise the transport and dispatch from the area described in the Annex to other parts of Germany not listed in the Annex, of:
- poultry for immediate slaughter to a slaughterhouse that has been designated by the competent veterinary authorities;
- day-old chicks and ready-to-lay pullets to a holding or shed under official control, where no other poultry is kept.'
2. For the purpose of paragraph 1, Germany shall inform the Commission and the Member States on 8 June 2003 on the compliance with the conditions set up in paragraph 1."
3. In Article 8 the time and date "until 24.00 on 30 May 2003" are replaced by "until 24.00 on 17 June 2003."
Article 2
This Decision is addressed to the Federal Republic of Germany.
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COMMISSION REGULATION (EC) No 1341/2004
of 22 July 2004
opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,
Whereas
(1)
Pursuant to the Agreement on Agriculture (2) concluded during the Uruguay Round of multilateral trade negotiations, the Community has undertaken to import a certain quantity of maize into Spain.
(2)
Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3), lays down the special additional detailed rules necessary for implementing the invitation to tender.
(3)
Account being taken of the current situation of maize imports into Spain from third countries and the present market requirements in Spain, a call for tender should be opened for the reduction of the maize import duty.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EC) No 1784/2003 on maize to be imported into Spain.
2. Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.
Article 2
The invitation to tender shall be open until 9 September 2004. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.
Article 3
Import licences issued under these invitations to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1173/2006
of 31 July 2006
fixing the import duties in the cereals sector applicable from 1 August 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3)
Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.
(4)
The import duties are applicable until new duties are fixed and enter into force.
(5)
In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6)
Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 August 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1322/2005
of 11 August 2005
setting, for the 2005/06 marketing year, the buying-in price to be applied by storage agencies for unprocessed dried grapes and unprocessed dried figs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Article 9(8) thereof,
Whereas:
(1)
The criteria for setting the price at which storage agencies buy in unprocessed dried figs and unprocessed dried grapes are laid down in Article 9(2) of Regulation (EC) No 2201/96 and the conditions on which the storage agencies buy in and manage the products are laid down in Commission Regulation (EC) No 1622/1999 of 23 July 1999 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes and unprocessed dried figs (2).
(2)
The buying-in price should therefore be set for the 2005/06 marketing year on the basis, for dried grapes, of the evolution in world prices and, for dried figs, of the minimum price laid down in Commission Regulation (EC) No 1583/2004 of 9 September 2004 setting, for the 2004/05 marketing year, the minimum price to be paid to producers for unprocessed dried figs and the production aid for dried figs (3).
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2005/06 marketing year, the buying-in price referred to in Article 9(2) of Regulation (EC) No 2201/96 shall be:
(a)
EUR 399,16 per tonne net for unprocessed dried grapes;
(b)
EUR 542,70 per tonne net for unprocessed dried figs.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2005. | [
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COMMISSION REGULATION (EC) No 70/94 of 14 January 1994 amending for the third time Regulation (EC) No 3337/93 adopting exceptional support measures for the market in pigmeat in Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975, on the common organization of the market in pigmeat (1), as last amended by Commission Regulation (EEC) No 1249/89 (2), and in particular Article 20 thereof,
Whereas because of the outbreak of classical swine fever in one production region in Belgium, exceptional support measures for the market in pigmeat were adopted for that Member State in Commission Regulation (EC) No 3337/93 (3), as last amended by Regulation (EC) No 3504/93 (4);
Whereas it is necessary to adjust the buying-in price for heavy pigs to the present market situation taking into account the decrease in market prices;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 4 (1) of Regulation (EC) No 3337/93, 'ECU 116' is replaced by 'ECU 105' and 'ECU 99' by 'ECU 89'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 January 1994. | [
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COUNCIL DECISION
of 30 November 2009
on the signing and conclusion of the ‘Terms of Reference for the International Partnership for Energy Efficiency Cooperation’ (IPEEC) and the ‘Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation’ by the European Community
(2009/954/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175 paragraph 1 and Article 300 paragraph 2, first subparagraph, and paragraph 3, first subparagraph,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas
(1)
At the initiative of the European Commission, in June 2008, members of the G8, China, India and South Korea and the Commission decided to establish an International Partnership for Energy Efficiency Cooperation (IPEEC) which is to facilitate those actions that yield high energy efficiency gains. IPEEC will provide a forum for discussion, consultation and exchange of information. IPEEC is open to other countries and intergovernmental organisations.
(2)
On 24 May 2009, the Terms of Reference for the International Partnership for Energy Efficiency Cooperation (the Terms of Reference) were signed in Rome by twelve States, including four Member States of the European Community.
(3)
The Terms of Reference describe the cooperative activities of the IPEEC, establish its organisation, define the criteria for potential new members and contain general provisions regarding i.a. the funding of the Partnership and intellectual property rights.
(4)
Article 4.2 of the Terms of Reference foresees that IPEEC is open to intergovernmental organisations and that their membership is contingent upon the signature of the Terms of Reference.
(5)
IPEEC’s administrative functions would best be managed through the establishment of a secretariat. On 24 May and 22 June 2009 respectively, a Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the IPEEC (the Memorandum) was signed in Rome by twelve States, including four Member States of the European Community. The IEA signed on 18 June 2009.
(6)
The Memorandum describes the general principles regarding the organisation of the Secretariat, and contains provisions regarding the staffing of the Secretariat and recruitment, as well as regarding the issues of funding and budgetary procedures.
(7)
Point 16 of the Memorandum foresees that any intergovernmental organisation wishing to become a member of IPEEC will be asked to sign the Memorandum.
(8)
It is appropriate for the European Community to sign the Terms of Reference and the Memorandum.
(9)
The European Community should pay a contribution to IPEEC for its administrative expenses.,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC), annexed to this Decision as Annex I, are hereby approved on behalf of the European Community.
2. The Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation, annexed to this Decision as Annex II, is hereby approved on behalf of the European Community.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the European Community in order to express the consent of the Community to be bound by:
-
the Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC), and,
-
the Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation,
Done at Brussels, 30 November 2009. | [
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COUNCIL DECISION of 18 January 1993 concerning a Community loan in favour of the Italian Republic
(93/67/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments (1), and in particular Article 1 thereof,
Having regard to the proposal from the Commission, submitted after consultation of the Monetary Committee,
Whereas the Italian Republic has applied for medium-term financial assistance to support its balance of payments and its economic programme of adjustment and reform;
Whereas the total amount outstanding under previous loans granted to the Member States is within the ceiling specified in Regulation (EEC) No 1969/88;
Whereas in addition to the immediate problems in the balance of payments arising from the substantial capital outflows which occurred during the recent period of currency turbulence, the consequent reduction in official reserves and increase in short-term indebtedness, the Italian economy exhibits serious structural imbalances, in particular in the public finance domain, affecting the stability of its external position; whereas a balance of payments loan disbursed in tranches if justified while measures of consolidation and adjustment are undertaken; whereas the proceeds of the loan will be used to strenghten the Italian official reserves;
Whereas it is the intention of the Italian Government to re-enter the exchange rate mechanism (ERM) of the European Monetary System; whereas making such an ERM re-entry sustainable requires the implementation of a programme which will achieve further progress in reducing inflation and an improvement in the structure of the public finances; whereas such objectives of improved convergence with the best-performing Community economies will only be met by a substantial reduction in public sector deficits leading to a declining trend in the public debt/GDP ratio, by reforms of the organisation of the public sector, by a tight monetary policy and by a firm exchange rate policy;
Whereas the Italian Government is pursuing a three-year programme of budgetary adjustment aimed at substantially reducing deficits so that the public debt ratio is first stabilized and then put on a downward trend, and has presented this programme on which its application for a loan is based; whereas the Italian Government will implement fully its programme of budgetary adjustment and reform over a three-year period from 1993 to 1995 so as to achieve the targets and introduce the specific measures indicated in its programme agreed as follows:
1. The budgetary targets for 1993, 1994 and 1995 are set in order to achieve the stabilization of the public debt ratio by 1995. On the basis of a projected GDP growth of 1,5 % in 1993, 2,4 % in 1994 and 2,6 % in 1995 they are:
- for 1993, Lit 150 trillion for the State sector borrowing requirement, with a surplus for the State sector borrowing requirement net of interest payments (the primary surplus) of Lit 50 trillion,
- for 1994, Lit 125 trillion for the State sector borrowing requirement, with a primary surplus of Lit 77 trillion,
- for 1995, Lit 85 trillion for the State sector borrowing requirement, with a primary surplus of Lit 115 trillion.
2. If the burden of interest payments in 1994 and 1995 is foreseen to exceed that projected at present by the Italian authorities (Lit 202 trillion in 1994 and Lit 200 trillion in 1995), the targets for the primary surplus will be revised upwards by the time detailed budget proposals for these years are announced, in order to ensure respect of the targets for the total borrowing requirement and to stabilize the gross public debt/GDP ratio by 1995. Thereafter the primary surplus will be maintained at a sufficiently high level to ensure further reductions in the total deficit and a downward trend in the debt ratio.
3. The deficit targets are set in absolute amounts as stated above; on the basis of the latest macro-economic projections made by the Italian authorities they represent:
- for the State sector borrowing requirement, 9,3 % of GDP in 1993, 7,3 % in 1994 and 4,7 % in 1995,
- for the primary surplus, 3,1 % of GDP in 1993, 4,5 % in 1994 and 6,4 % in 1995;
The corresponding development of the State sector gross debt/GDP ratio is 110,6 % at end 1993, 112,5 % at end 1994 and 112,4 % at end 1995.
4. The programme of privatization of State-owned assets to be pursued by the Italian authorities is intended to provide net proceeds to the State sector accounts of Lit 7 trillion in 1993, Lit 15 trillion in 1994 and Lit 12 trillion in 1995. Within the framework of legislation already passed, the Italian Government will publish a list of public sector enterprises and other State-owned assets to be privatized together with an indicative timetable for these sales. Any State sector privatization receipts in excess of those currently planned will be used to increase the State sector primary surplus and hence to reduce the debt ratio, and will not be used to substitute for other necessary adjustments of expenditure and revenue.
5. Within the framework of the enabling legislation already enacted, the Italian Government will continue implementation of detailed measures of structural reform in the areas of: (1) health care, with the aim of reducing inefficiencies and containing expenditure, also by rendering the regional level of government fully responsible for expenditure overruns incurred in the operations of the decentralized National Health Service; (2) civil service, in order to improve the control on expenditure for compensation of employees and the efficiency and productivity of public administration, also by having recourse to extended mobility of personnel and increasing managerial responsibility; (3) pensions, with the objective of stabilizing pension expenditure relative to GDP, also by raising the retirement age, harmonizing pension schemes and limiting indexation to the protection of purchasing power; (4) local finance, in order to decrease the dependence of local authorities on transfers from the central government, also by introducing new forms of local taxation;
Whereas it is also the intention of the Italian authorities to continue the pursuit of policies in the monetary sphere and in the field of incomes conducive to reducing the rate of inflation, in particular:
- geared to the primary objective of containing inflationary pressures, the growth of M2 in 1993 will be in the range of 5 to 7 %, which is consistent with the 1993 projections for nominal GDP growth. In conjunction with this objective, the Banca d'Italia will closely monitor the growth rate of domestic credit consistent with the objectives for the rate of inflation and expansion of M2. In 1994 and 1995, monetary targets and out-turns should continue to be in line with the decline in inflation projected in the Italian Government's budgetary adjustment three-year programme. It is the intention of the Italian Government to introduce legislation designed to abolish the legal possibility of monetary financing by the end of 1993, anticipating the objective of Article 104 of the Treaty on European Union,
- the Italian Government will seek to secure wage moderation throughout the economy by building on the July 1992 agreement between the Government, the trade unions and the industrial employers' association on the reform of the wage-setting mechanism and by maintaining the planned wage restraint in the public sector;
Whereas it is agreed that in the implementation of this Decision the Italian authorities will consult closely with the Commission and will make available all the necessary information for a full and effective monitoring of the agreed programme of adjustment; whereas, in accordance with this Decision, developments in the Italian economy and in Italian economic policy will be reviewed twice a year in the framework of multilateral surveillance or more frequently if warranted,
HAS ADOPTED THIS DECISION:
Article 1
The Community shall grant the Italian Republic under Regulation (EEC) No 1969/88 a loan of ECU 8 000 million or the equivalent amount in other currencies.
Article 2
The loan shall be made available to the Italian Republic in four instalments. The average life of each instalment shall not exceed six years and therefore the average life of the loan shall not exceed six years. The first two instalments shall be made as follows:
- the first instalment amounting to ECU 2 000 million of the equivalent in other currencies not earlier than 1 February 1993,
- the second instalment amounting to ECU 2 000 million or the equivalent amount in other currencies to be released not earlier than 31 July 1993, and in any case after the Commission, in consultation with the Council and in the light of an examination made in collaboration with the Monetary Committee of the progress in the execution of the programme, is satisfied that any additional measures which may be necessary have already been taken and that the budgetary targets of the programme for 1993, after taking into account weaker economic growth or higher interest rates than projected, are likely to be achieved.
The third and fourth instalments shall be made as follows:
- before 30 September 1993, the Italian Government, in collaboration with the Commission, will reassess the budgetary targets for 1994 so as to achieve the key objectives of the medium-term programme and in the light of actual and prospective macroeconomic developments. The third instalment amounting to ECU 2 000 million or the equivalent amount in other currencies will be released not earlier than 1 February 1994 and in any case only after the Commission, in consultation with the Council and in the light of an examination made in collaboration with the Monetary Committee, is satisfied that the measures necessary to achieve the budgetary targets set for 1994 have been implemented,
- before 30 September 1994, the Italian Government, in collaboration with the Commission, will reassess the budgetary targets for 1995 so as to achieve the key objectives of the medium-term programme and in the light of actual and prospective macroeconomic developments. The fourth instalment amounting to ECU 2 000 million or the equivalent amount in other currencies will be released not earlier than 1 February 1995 and in any case only after the Commission, in consultation with the Council and in the light of an examination made in collaboration with the Monetary Committee, is satisfied that the measures necessary to achieve the budgetary targets set for 1995 have been implemented.
Article 3
1. The loan shall be granted on the basis of the decision taken by the Italian Republic to implement the budgetary adjustment and reform programme which it has presented, the objectives of which are set out in the recitals to this Decision.
2. The Commission, in collaboration with the Monetary Committee, shall examine at regular intervals the evolution of the economic situation of Italy and the execution of the budgetary adjustment and reform programme, as implemented. These examinations will continue until the loan is fully repaid.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 18 January 1993. | [
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COMMISSION REGULATION (EC) No 527/2005
of 1 April 2005
concerning tenders submitted under tendering procedure for the refund on consignment of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 2033/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 5(3) thereof,
Having regard to Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion (2), and in particular Article 9(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 2033/2004 (3) opens an invitation to tender for the subsidy on rice exported to Réunion.
(2)
Article 9 of Regulation (EEC) No 2692/89 allows the Commission to decide, in accordance with the procedure laid down in Article 2b(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, to make no award.
(3)
On the basis of the criteria laid down in Articles 2 and 3 of Regulation (EEC) No 2692/89, a maximum subsidy should not be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders submitted from 28 to 31 March 2005 in response to the invitation to tender referred to in Regulation (EC) No 2033/2004 for the subsidy on exports to Réunion of husked long grain B rice falling within CN code 1006 20 98.
Article 2
This Regulation shall enter into force on 2 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 April 2005. | [
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COMMISSION REGULATION (EC) No 1645/2004
of 20 September 2004
amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for capelin in Greenland waters
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular Article 5(3) thereof,
Whereas:
(1)
The Community’s fishing opportunities for capelin in zones V and XIV (Greenland waters) for 2004 are laid down provisionally in Annex IC to Regulation (EC) No 2287/2003.
(2)
Under the Fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and Home Rule Government of Greenland, on the other (2), the Community receives 7,7 % of the of the total allowable catch (TAC) for capelin in zones V and XIV (Greenland waters), which corresponds to 70 % of the Greenland share of the TAC.
(3)
By letter of 9 July 2004, the Greenland authorities informed the Commission that the TAC for capelin for 2004 has been fixed at 335 000 tonnes. The final fishing opportunities for capelin for the Community during 2004 should therefore be fixed at 25 795 tonnes in zones V and XIV (Greenland waters).
(4)
The reduction of the TAC should not lead to the result that catches legally taken before the entry into force of the present Regulation are liable to quota deductions under Article 23 (1) of Council Regulation (EEC) No 2847/93 (3), Article 5 of Council Regulation (EC) No 847/96 (4) or Article 26 of Council Regulation (EC) No 2371/2002 (5).
(5)
Regulation (EC) No 2287/2003 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex IC to Regulation (EC) No 2287/2003 is amended in accordance with the Annex to this Regulation.
Article 2
Article 23(1) of Regulation (EEC) No 2847/93, Article 5 of Regulation (EC) No 847/96 and Article 26 of Regulation (EC) No 2371/2002 shall not apply to catches of capelin taken in zone V and XIV (Greenland waters) before the entry into force of this Regulation which are in excess of the quota determined in Annex IC to Regulation (EC) No 2287/2003 as amended by this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 3692/89
of 4 December 1989
opening and providing for the administration of Community tariff quotas for cod and fish of the species Boreogadus saida, dried, salted or in brine, originating in Norway (1990)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Kingdom of Norway was concluded on 14 May 1973; whereas, following the accession of the Kingdom of Spain and the Portuguese Republic to the Community, an Agreement in the form of Exchanges of Letters was concluded and approved by Decision 86/557/EEC (1);
Whereas the latter Agreement provides for the opening, on a date to be fixed by common accord, of Community tariff quotas at reduced or zero duty for cod and fish of the species Boreogadus saida originating in Norway; whereas the tariff quotas in question should therefore be opened for the period agreed from 1 April to 31 December 1990;
Whereas equal and continuous access to the said quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all the Member States until the quotas are exhausted;
Whereas, the necessary measures should be taken to ensure that these tariff quotas are administered efficiently and on a Community basis, so that Member States have the option of drawing the necessary quantities corresponding to actual imports recorded, from the quota volumes; whereas, this method of administration calls for close cooperation between the Member States and the Commission;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quotas may by carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 April to 31 December 1990, the customs duties applicable to imports of the following products originating in Norway shall be suspended at the levels indicated and within the limits of Community tariff quotas as shown below:
1.2.3.4.5 // // // // // // Order No // CN code (*) // Description // Volume of quota (tonnes) // Rate of duty (%) // // // // // // // 0305 // Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; fish meal fit for human consumption: // // // // // - Dried fish, whether or not salted but not smoked: // // // // 0305 51 // - - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): // // // 09.0707 // ex 0305 51 10 // - - - Dried, unsalted: // // // // // - Excluding of cod of the species Gadus macrocephalus // 3 900 // 0 // // 0305 59 // - - Other: // // // // // - - - Fish of the species Boreogadus saida: // // // // 0305 59 11 // - - - - Dried, unsalted // // // // 0305 51 // - - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): // // // 09.0703 // ex 0305 51 90 // - - - Dried, salted: // // // // // - Excluding cod of the species Gadus macrocephalus // 13 250 // 0 // // 0305 59 // - - Other: // // // // // - - - Fish of the species Boreogadus saida: // // // // 0305 59 19 // - - - - Dried, salted // // // // // - Fish, salted but not dried or smoked and fish in brine: // // // 09.0705 // ex 0305 62 00 // - - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): // // // // // - Excluding the species Gadus macrocephalus // 10 000 // 0 // // 0305 69 // - - Other: // // // // 0305 69 10 // - - - Fish of the species Boreogadus saida // // // // // // //
(*) See Taric codes in the Annex hereto.
Within the limits of the above tariff quotas the Kingdom of Spain and the Portuguese Republic shall apply duties of 2,6 and 0 % respectively.
2. Where the Community has fixed a reference price for the products or categories of products concerned, imports of those products shall benefit from the quotas referred to in paragraph 1 only if the free-at-frontier price determined by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81 (1), as last amended by Regulation (EEC) No 1495/89 (2), is at least equal to the reference price.
3. The Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation annexed to the Agreement between the European Economic Community and the Kingdom of Norway shall apply.
Article 2
The tariff quota referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective administration thereof.
Article 3
If an importer presents in a Member State a declaration of entry into free circulation, including a request for benefit under the preferential system for a product covered by this Regulation and if this declaration is accepted by the customs authorities, the Member States concerned shall inform the Commission and draw an amount corresponding to its requirements from the quota volume.
The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations of entry into free circulation by the customs authorities of the Member States concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission.
Article 4
Each Member State shall ensure importers of the products concerned equal and continuous access to the quotas for such time as the residual balance of the quota volumes so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 April 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 December 1989. | [
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COMMISSION DECISION of 25 February 1999 amending Decision 92/452/EEC establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (notified under document number C(1999) 417) (Text with EEA relevance) (1999/204/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and imports from third countries of embryos of domestic animals of the bovine species (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 8 thereof,
Whereas Commission Decision 92/452/EEC (2), as last amended by Decision 97/249/EC (3), establishes a list of embryo collection teams and embryo production teams approved in third countries for the export of embryos of domestic animals of the bovine species to the Community;
Whereas the competent veterinary services of Australia, Canada and the United States of America have forwarded requests for amendments to the lists of teams officially approved in their territories for the export of embryos of domestic animals of the bovine species to the Community; whereas it is therefore necessary to amend the list of approved teams; whereas guarantees regarding compliance with the requirements specified in Article 8 of Directive 89/556/EEC have been received by the Commission;
Whereas the list of approved collection and production teams in the Annex to Decision 92/452/EEC has been amended several times; whereas therefore it is appropriate to consolidate this list, taking account of the modifications made since the adoption of this decision;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The embryo collection and production teams listed in the Annex are hereby approved for the export to the Community of embryos of domestic animals of the bovine species.
Article 2
The Annex of Decision 92/452/EEC is replaced by the Annex to this Decision.
Article 3
This Decision is addressed to the Member States.
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*****
COUNCIL REGULATION (EEC) No 67/84
of 9 January 1984
extending the period of validity of Regulation (EEC) No 2692/83 derogating from the application of certain provisions relating to the adjustment of free-at-frontier values of certain cheeses
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1600/83 (2), and in particular Article 14 (6) thereof,
Having regard to the proposal from the Commission,
Whereas Article 9 of Regulation (EEC) No 2915/79 (3), as last amended by Regulation (EEC) No 1206/83 (4), which determines the groups of products and the special provisions for calculating levies on milk and milk products lays down provisions governing the entry into the Community of cheeses set out in Annex II (e) and (f) thereto coming from third countries;
Whereas the conditions governing the Community market in Cheddar cheese which led to the adoption of Regulation (EEC) No 2692/83 (5) still do not allow the entry of cheese of the types in question originating in New Zealand and Australia into the Community at the free-at-frontier values laid down in Annex II (e) and (f) to Regulation (EEC) No 2915/79,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 of Regulation (EEC) No 2692/83, '31 December 1983' is hereby replaced by '31 January 1984'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 January 1984. | [
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COUNCIL REGULATION (EEC) No 2519/80 of 30 September 1980 on the application of Decision No 1/80 of the EEC-Switzerland Joint Committee amending Lists A and B annexed to Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal of the Commission,
Whereas the Agreement between the European Economic Community and the Swiss Confederation [1] was signed on 22 July 1972 and entered into force on 1 January 1973;
[1]OJ No L 300, 31.12.1972, p. 189.
Whereas by virtue of Article 28 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation, which forms an integral part of the Agreement, the Joint Committee has adopted Decision No 1/80 amending Lists A and B annexed to that Protocol;
Whereas this Decision should be applied in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/80 of the EEC-Switzerland Joint Committee shall apply in the Community.
The text of the Decision is annexed to this Regulation.
Article 2
This Regulation shall enter into force on 1 October 1980.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 1980. | [
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COMMISSION REGULATION (EC) No 957/2009
of 14 October 2009
establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2010 under certain GATT quotas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products (2), and in particular Article 25(1) and (3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 671/2009 of 24 July 2009 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2010 under certain GATT quotas (3) opens the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2010 under the GATT quotas referred to in Article 23 of Regulation (EC) No 1282/2006.
(2)
Applications for export licences for certain quotas and product groups exceed the quantities available for the 2010 quota year. Allocation coefficients as provided for in Article 25(1) of Regulation (EC) No 1282/2006 should therefore be established.
(3)
In the case of product groups and quotas for which the applications lodged are for quantities less than those available, it is appropriate, in accordance with Article 25(3) of Regulation (EC) No 1282/2006, to provide for the allocation of the remaining quantities to the applicants in proportion to the quantities applied for. The allocation of such further quantities should be conditional upon the competent authority being notified of the quantities accepted by the operator concerned and upon the interested operators lodging a security.
(4)
Given the time limit for carrying out the procedure for establishing those coefficients, as provided for in Article 4 of Regulation (EC) No 671/2009, this Regulation should apply as soon as possible,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for export licences lodged pursuant to Regulation (EC) No 671/2009 in respect of the product groups and quotas identified by 16-Tokyo, 16-, 17-, 18-, 20- and 21-Uruguay, and 25-Tokyo in column 3 of the Annex to this Regulation shall be accepted, subject to the application of the allocation coefficients in column 5 of that Annex.
Article 2
Applications for export licences lodged pursuant to Regulation (EC) No 671/2009 in respect of the product groups and quotas identified by 22-Tokyo, 22- and 25-Uruguay in column 3 of the Annex to this Regulation shall be accepted for the quantities requested.
Export licences may be issued for further quantities distributed in accordance with the allocation coefficients in column 6 of the Annex, after acceptance by the operator within one week of publication of this Regulation and subject to the lodging of the security applicable.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 918/2003
of 26 May 2003
prohibiting fishing for haddock by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(3), lays down quotas for haddock for 2003.
(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 haddock in the waters of ICES division VIIa by vessels flying the flag of Belgium or registered in Belgium have exhausted the quota allocated for 2003. Belgium has prohibited fishing for this stock from 14 May 2003. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of haddock in the waters of ICES division VIIa by vessels flying the flag of Belgium or registered in Belgium are hereby deemed to have exhausted the quota allocated to Belgium for 2003.
Fishing for haddock in the waters of ICES division VIIa by vessels flying the flag of Belgium or registered in Belgium is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on 28 May 2003.
It shall apply from 14 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 2003. | [
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COMMISSION DECISION of 11 July 1997 on the approval of the single programming document for Community structural assistance in the region of the East Midlands concerned by Objective 2 in the United Kingdom (Only the English text is authentic) (97/766/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10 (1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9 (6) to 9 (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of theEuropean Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas however the last subparagraph of Article 5 (2) of Regulation (EEC) No 4253/88 foresees that in order to simplify and to speed up programming procedures, Member States may submit in a single programming document the information required for the regional and social conversion plan referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and the information required at Article 14 (2) of Regulation (EEC) No 4253/88; whereas Article 10 (1) last subparagraph of Regulation (EEC) No 4253/88 foresees that in that case the Commission adopt a single decision in a single document covering the points referred to in Article 8 (3) and the assistance from the Funds referred to in the last subparagraph of Article 14 (3);
Whereas the Commission has established, by Decision 96/472/EC (4), the list of declining industrial areas concerned by Objective 2 for the programming period from 1997 to 1999;
Whereas the global maximum allocation foreseen for the assistance of the Structural Funds for the present single programming document is composed of resources coming from the indicative allocation of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 resulting from Commission Decision 96/468/EC (5) and from unused appropriations of ECU 13,928 million of the corresponding single programming document covering the period 1994 to 1996, pursuant to Commission Decision C(96) 3680 of 17 December 1996;
Whereas the United Kingdom Government has submitted to the Commission on 2 August 1996 the single programming document as referred to in Article 5 (2) of Regulation (EEC) No 4253/88 for the region of the East Midlands; whereas this document contains the elements referred to in Article 9 (8) of Regulation (EEC) No 2052/88 and in Article 14 (2) of Regulation (EEC) No 4253/88; whereas expenditure under this single programming document is eligible as from that date;
Whereas the single programming document submitted by this Member State includes a description of the conversion priorities selected and the applications for assistance from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the single programming document;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88, the Commission is charged with ensuring, within the framework of the partnership, coordination and consistency between assistance from the Funds and assistance provided by the EIB and the other financial instruments;
Whereas the EIB has been involved in the drawing up of the single programming document in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas it has declared itself prepared to contribute to the implementation of this document in conformity with its statutory provisions; whereas, however, it has not yet been possible to evaluate precisely the amounts of Community loans corresponding to the financial needs;
Whereas Article 2 second subparagraph of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (8), as amended by Regulation (EEC) No 2083/93 (9), defines the measures for which the ERDF may provide financial support;
Whereas Article 1 of Council Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (10), as amended by Regulation (EEC) No 2084/93 (11), defines the measures for which the ESF may provide financial support;
Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the single programming document satisfies the conditions and includes the information required by Article 14 of Regulation (EEC) No 4253/88;
Whereas the present assistance satisfies the conditions laid down in Article 13 of Regulation (EEC) No 4253/88, and so should be implemented by means of an integrated approach involving finance from more than one Fund;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (12), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (13), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas it is appropriate to mention that this Decision is ruled by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision C(97) 1035/7 of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of the United Kingdom;
Whereas all the other conditions laid down for the grant of aid from the ERDF and the ESF have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance in the region of the East Midlands concerned by Objective 2 in the United Kingdom, covering the period 1 January 1997 to 31 December 1999, is hereby approved.
Article 2
The single programming document includes the following essential elements:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies in the United Kingdom;
the main priorities are:
1. innovation and new technologies,
2. strenghtening SME development,
3. area based regeneration,
4. community economic development;
(b) the assistance from the Structural Funds as referred to in Article 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the provisions on financial implementation,
- the rules for compliance with Community policies;
(d) the procedures for verifying additionality and an initial evaluation of the latter;
(e) the arrangements for associating the environmental authorities with the implementation of the single programming document;
(f) the means available for technical assistance necessary for the preparation, implementation or adaptation of the measures concerned.
Article 3
1. For the purpose of indexation, the annual breakdown of the global maximum allocation foreseen for the assistance from the Structural Funds is as follows:
TABLE
2. To this global maximum allocation is added an amount of ECU 13,928 million not subject to indexation, resulting from unused appropriations of the corresponding single programming document covering the period 1994 to 1996.
Article 4
The assistance from the Structural Funds granted to the single programming document amounts to a maximum of ECU 113,749 million.
The procedure for granting the financial assistance, including the financial contribution from the Funds to the various priorities and measures, is set out in the financing plan and the detailed implementing provisions which form an integral part of the single programming document.
The national financial contribution envisaged, which is approximately ECU 143,524 million for the public sector and ECU 27,193 million for the private sector, may be met in part by Community loans, in particular from the EIB.
Article 5
1. The breakdown among the Structural Funds of the total Community assistance available is as follows:
- ERDF: ECU 84,919 million,
- ESF: ECU 28,830 million.
2. The budgetary commitments for the first instalment are as follows:
- ERDF: ECU 27,428 million,
- ESF: ECU 9,312 million.
Commitments of subsequent instalments will be based on the financing plan for the single programming document and on progress in its implementation.
Article 6
The breakdown among the Structural Funds and the procedure for the grant of the assistance may be altered subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided according to the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
The Community aid concerns expenditure on operations under the single programming document which, in the Member State concerned, are the subject of legally binding commitments and for which the requisite finance has been specifically allocated no later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 8
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community Directives on the coordination of procedures for the award of contracts.
Article 9
This Decision is ruled by the provisions laid down in the Annex to Decision C(97) 1035/7.
Article 11
This Decision is addressed to the United Kingdom.
Done at Brussels, 11 July 1997. | [
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COMMISSION REGULATION (EEC) No 3094/92 of 27 October 1992 fixing the accession compensatory amounts for olive oil for 1992/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 473/86 of 25 February 1986 laying down the general rules for the system of accession compensatory amounts for olive oil (1), and in particular Article 7 (3) thereof,
Whereas Council Regulation (EEC) No 2047/92 (2), fixed for 1992/93 the intervention prices for olive oil;
Whereas the detailed rules for the application of accession compensatory amounts are laid down in Commission Regulation (EEC) No 583/86 (3) laying down the detailed rules for the application of accession compensatory amounts for olive oil, as last amended by Regulation (EEC) No 3379/88 (4),
HAS ADOPTED THIS REGULATION:
Article 1
The accession compensatory amounts applicable in 1992/93 for olive oil shall be as shown in the Annex.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 1992. | [
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COMMISSION DECISION
of 20 February 2008
terminating the examination procedure concerning trade practices maintained by Argentina in relation to the imports of textile and clothing products
(2008/200/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (1), and in particular Articles 11 (1) thereof,
Whereas:
A. PROCEDURAL BACKGROUND
(1)
On 11 October 1999, Euratex (European Apparel and Textile Organisation) lodged a complaint under Article 4 of Council Regulation (EC) No 3286/94 (hereinafter the Regulation) on behalf of those of its members which export to Argentina or wish to do so.
(2)
The complainant alleged that the Community sales of textile and clothing products in Argentina were hindered by obstacles to trade within the meaning of Article 2(1) of the Regulation, i.e. ‘a practice adopted or maintained by a third country and in respect of which international trade rules establish a right of action’. The alleged obstacles to trade were the following.
(a)
pre-shipment inspection and minimum customs values,
(b)
excessive requirements for certificates of origin,
(c)
requirement to submit a Declaration Form on Product Composition,
(d)
excessively burdensome labelling requirement,
(e)
statistical tax and discriminatory VAT.
(3)
The complainant also claimed that these practices were causing adverse trade effects within the meaning of Article 2(4) of the Regulation.
(4)
The Commission decided therefore, after consultation of the Advisory Committee established by the Regulation, that there was sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved. Consequently, an examination procedure was initiated on 27 November 1999 (2).
B. THE FINDINGS OF THE EXAMINATION PROCEDURE
(5)
In 2000, the investigation concluded on the certificate of origin that the burdensome requirements appeared to infringe Article VIII.3 and X of GATT 1994, Article 7.1 of the WTO Agreement on Textiles and Clothing and to contravene the recommendations of Article VIII.1(c) of GATT 1994. The measures on labelling requirements appeared to violate Article 2.2 of the WTO Agreement on Technical Barriers to Trade and to contravene the recommendations of Article VIII.1(c) of GATT 1994. As regards the requirements of the Declaration Form On Product Composition, they appeared to be in breach of Article 2 of the WTO Agreement on Import Licensing Procedures. As for the procedure for controlling the customs value, the Commission services could not express a definitive position due to the recent introduction of a new law regulating this matter. On the pre-shipment inspection issue, no violation of any particular provision of the WTO Agreement on Pre-shipment Inspection could be found. However, it did not appear to adhere to the purpose and spirit of the Agreement. Finally, no violation of WTO rules had been identified with respect to the statistical tax, and the issue of the discriminatory VAT was already addressed in the context of another TBR procedure concerning the import of finished leather in Argentina (3).
(6)
The investigation also concluded that the investigated measures had cumulatively caused or threaten to cause adverse effects within the meaning of Article 2(4) of the Regulation.
C. DEVELOPMENTS AFTER THE END OF THE INVESTIGATION
(7)
Following the investigation, discussions took place over the years with the Argentinean authorities with the aim of achieving an amicable settlement eliminating or gradually easing the above trade barriers.
(8)
With regard to customs valuation practices, the situation has improved over the last years. Transparency has improved while European manufacturers and exporters can participate in the determination of the indicative values for customs valuation. Pre-shipment inspection has been eliminated, and the requirement of a Declaration Form on Products Composition does not appear to create any problem to exporters.
(9)
On the question of the certificate of origin, substantial progress was achieved through the adoption of Instruccion General No 9/2002 de la Direccion General de Aduanas on 8 February 2002. Until recently, the main remaining obstacle to trade faced by the European industry was the requirement, in the case of triangular trade, to provide the Argentinean authorities not only with the certificate of origin but also with the invoice between the producer of the goods originating in a third country and the exporter in the country of shipping, thereby raising concerns of confidentiality on the original transaction. Through the adoption of Nota External No 3/07 of the Administracion Federal de Ingresos Publicos (Subdireccion general tecnico legal aduanera), Argentina effectively repealed the requirement of providing a copy of the original invoice, which is now replaced by a certificate issued by the competent authorities of the country of shipment, e.g. a Chamber of Commerce, and then legalised in the country of shipment by the Argentinean consulate.
(10)
With regard to the labelling requirements linked to the compulsory sewing of fiscal stamps, the Argentinean authorities provided information according to which the costs of such requirement compared to the value of the shipment is very limited. It thus appears that the possible adverse effects of this remaining obstacle to trade do not have and cannot have a material impact on the economy of the Community or of a region of the Community, or on the textile-producing sector therein.
D. CONCLUSION AND RECOMMENDATIONS
(11)
In view of the above analysis, it is considered that the examination procedure has led to a satisfactory situation with regard to the obstacles that faced the trade as alleged in the complaint lodged by Euratex, or that, in the case of the sewing of fiscal stamps, the investigated measure does not have on its own a material impact on the textile-producing regions of the European Community. The examination procedure should therefore be terminated in accordance with Article 11(1) of the Regulation.
(12)
The Advisory Committee has been consulted on the measures provided for in this Decision,
HAS DECIDED:
Sole Article
The examination procedure concerning measures imposed by Argentina in relation to the imports of textile and clothing products is hereby terminated.
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COMMISSION REGULATION (EURATOM) NO 501/94
of 2 March 1994
concerning the conclusion by the European Atomic Energy Community of the Protocol of the provisional application of the Agreement establishing an International Science and Technology Center
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 (2) thereof,
Whereas the Protocol on the provisional application of the Agreement establishing an International Science and Technology Center was signed on 27 December 1993; whereas by Decision of 21 February 1994, the Council approved the said Protocol for the purpose of conclusion by the Commission on behalf of the European Atomic Energy Community;
Whereas the Protocol should be concluded on behalf of the European Atomic Energy Community,
HAS ADOPTED THIS REGULATION:
Article 1
The Protocol on the provisional application of the Agreement establishing an International Science and Technology Center is hereby approved on behalf of the European Atomic Energy Community.
The text of the Protocol is attached to this Regulation (1).
Article 2
The President of the Commission shall, on behalf of the European Atomic Energy Community, give the notification provided for in Article I of the Protocol.
Article 3
Articles 3 and 4 of Commission Regulation (Euratom) No 3956/92 (2) shall apply.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 March 1994. | [
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*****
COMMISSION REGULATION (EEC) No 704/83
of 28 March 1983
amending Regulation (EEC) No 685/69 on detailed rules of application for intervention on the market in butter and cream
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1183/82 (2), and in particular Article 6 (7) thereof,
Whereas Commission Regulation (EEC) No 685/69 (3), as last amended by Regulation (EEC) No 2680/82 (4), lays down detailed rules of application for intervention on the market in butter and cream;
Whereas for administrative and control purposes the day on which offers to sell butter are received should be registered by intervention agencies;
Whereas it should be specified who is liable for the various costs incurred in removal from storage;
Whereas for every sale of butter and cream special provisions are fixed applying to the disposal of the products; whereas Articles 10 to 21 of Regulation (EEC) No 685/69, which are not applied, should therefore be repealed;
Whereas in view of the minimum storage period imposed replacement of the system of payment on account referred to in Article 24 (2) of Regulation (EEC) No 685/69 by a system of advance payment involving the lodging of a security appears warranted;
Whereas Article 27 of Regulation (EEC) No 685/69 provides for systematic checking of the fat content; whereas experience indicates that in certain cases it is desirable to lighten the administrative burden by providing for sample checks; whereas in this connection it should be specified that the storer must undertake to guarantee during the storage period a minimum fat content fixed in advance; whereas since it is impossible to check with precision the fat content of butter after freezing, it should be specified that if this requirement is not met no aid will be paid for lots taken into storage since the last satisfactory check;
Whereas experience of the various arrangements for private storage of agricultural products indicates that the extent to which Council Regulation (EEC, Euratom) No 1182/71 (5) is applicable for the determination of periods, dates and time limits should be specified and that the dates of commencement and termination of contractual storage should be indicated exactly;
Whereas Article 3 (4) of Regulation (EEC, Euratom) No 1182/71 states that when the last day of a period is a public holiday, a Sunday or a Saturday the period shall end with the expiry of the last hour of the following working day; whereas application of this provision to storage contracts may not be in the interests of operators and may in fact give rise to inequality of treatment; whereas an exception thereto should therefore be made as regards determination of the last day of storage;
Whereas Article 29 of Regulation (EEC) No 685/69 should be amended; whereas for the sake of clarity Commission Regulation (EEC) No 1442/82 (6), which suspended the application of certain provisions of that Article, should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 685/69 is hereby amended as follows:
1. The following paragraph is added to Article 2:
'The day on which the offer to sell is received shall be registered by the intervention agency.'
2. Article 9 is replaced by the following:
'Article 9
1. At the time of removal from store the intervention agency shall, in the case of delivery ex-cold store, make the butter available:
- loaded at the store's loading bay on to the means of transport, where this is a lorry or a railway wagon,
- at the store's loading bay, in the case of another means of transport, such as a container.
In the case referred to in the first indent the loading costs shall be borne by the intervention agency; any stowage costs shall be borne by the purchaser of the butter. In the case referred to in the second indent the loading costs and any stowage costs shall be borne by the purchaser.
2. Where butter is supplied as food aid the provisions of paragraph 1 shall apply.
3. Other provisions on the disposal of butter held by intervention agencies shall be determined case by case.'
3. Articles 10 to 21 are repealed.
4. Article 23 is replaced by the following:
'Article 23
1. A private storage contract may be concluded only if the butter or cream was manufactured during the 28 days preceding the day of commencement of storage under the contract but not earlier than 1 April of the year concerned.
A storage contract as referred to in paragraph 6 may not be concluded for butter or cream:
(a) in respect of which an application for a direct consumption aid has been made under other Community provisions; or
(b) which has been placed under the procedure referred to in Article 5 (1) of Regulation (EEC) No 565/80; subsequent placing under this procedure shall be regarded as removal from store within the meaning of paragraph 7.
2. The minimum quantity of butter or cream referred to in Article 9 (1) (e) of Regulation (EEC) No 985/68 shall be 1 000 kilograms per lot. For the purposes of this Regulation a lot shall be a quantity of butter or cream of homogeneous composition and quality taken into storage in a single warehouse on a single day.
3. The conditions relating to inspection of the lot under contract provided for in Article 9 (1) (f) of Regulation (EEC) No 985/68 shall be the subject of a schedule of terms and conditions.
4. The schedule shall provide, in respect of butter, that the packaging is to bear at least the following information, which may be coded:
(a) identification number of the factory;
(b) date of manufacture;
(c) date of entry into store;
(d) number of the lot;
(e) Member State of manufacture;
(f) the words "sweet cream butter" or "sweet cream salted butter" as appropriate in the case of butter as referred to in Article 1 (3) (a) (bb) of Regulation (EEC) No 985/68.
Member States may provide that the obligation to indicate the date of entry into store on the packaging does not apply if the store manager undertakes to keep a register in which the particulars referred to in the preceding subparagraph will be entered on the date of entry into store.
5. Where the butter is stored in a Member State other than the Member State of manufacture conclusion of the storage contract shall be conditional on the furnishing of proof that the butter fulfils the conditions required for the grant of private storage aid in the Member State of manufacture.
6. Storage contracts shall be concluded in writing for one or more lots. The date of commencement of contractual storage shall be the day following that of entry into store. The said date shall fall within the period 2 April to 16 September of the same year.
Applications for aid by storers may relate only to lots of butter or cream the entry into store of which has been completed.
Applications must reach intervention agencies within at most 30 days of the date of entry into store. Intervention agencies shall register their dates of arrival.
Storage contracts shall be concluded within at most 30 days of the date of registration of the application.
7. At the end of the period of 120 days mentioned in Article 24 (1) and on 16 September at the earliest the storer may remove all or part of the quantities under contract from store. The minimum quantity that may be removed from store shall be 250 kilograms. Member States may however increase this quantity up to a maximum of one tonne.
The last day of the period of contractual storage shall be that preceding the day of removal from storage.'
5. Article 24 is replaced by the following:
'Article 24
1. The private storage aid provided for in Article 6 (2) of Regulation (EEC) No 804/68 may be granted only where the storage period is at least 120 days.
2. Entry into store may take place only between 1 April and 15 September of the same year. Removal from store may take place only between 16 September of the year of storage and 31 March of the following year.
3. The aid referred to in paragraph 1 shall be calculated as follows per tonne of butter or butter equivalent:
(a) 23,83 ECU for fixed costs;
(b) 0,44 ECU per day of contractual storage for cold storage costs;
(c) an amount per day of contractual storage calculated by reference to the buying-in price for butter, expressed in national currency, applied by the intervention agency of the Member State concerned on the day of commencement of contractual storage and an annual interest rate of 13 %;
(d) 7,50 ECU in respect of any product stored under contract for at least 120 days.
The amount may not exceed an amount corresponding to a storage period of 210 days.
The amounts referred to in (a), (b) and (d) shall be converted into national currency at the representative rate in force on the last day of contractual storage.
4. The aid shall be paid on application by the interested party at the latest within 120 days of the last day of contractual storage. However, if it has been necessary to commence an administrative inquiry into entitlement to the aid, payment shall not be made until entitlement has been recognized.
After 60 days of contractual storage a single advance payment of the aid may be made, at the storer's request, on condition that he lodges a security equal to the advance payment plus 10 %.
The advance payment shall be calculated on the basis of a storage period of 120 days and shall include all the aid components referred to at (a), (b) and (c) of paragraph 3, account being taken, where appropriate, of the application of Article 29, and shall be converted into national currency by applying the representative rate in force on the day of commencement of contractual storage.
5. The security referred to in paragraph 4 shall be lodged at the tenderer's choice either in cash or in the form of a guarantee given by an establishment satisfying criteria fixed by the Member State in which the security is lodged.
The security for a lot shall be released on application by the interested party when it is established to the satisfaction of the competent authority that the butter has remained in store until 15 September, always provided that it has remained in store for the minimum period mentioned in paragraph 1. If one or other of these conditions is not met the security for the quantity in question shall be forfeited.'
6. Article 25 is replaced by the following:
'Article 25
1. Where, during the first 60 days of storage, the deterioration in the quality of the butter or cream is greater than is normal in store, storers may be authorized to replace the defective quantity, at their own expense, by an equal quantity of butter or cream as specified in Article 8 (4) of Regulation (EEC) No 985/68.
2. In the case referred to in paragraph 1, for the purpose of establishing:
(a) the aid components referred to in Article 24 (3) (a), (b), and (c), the first day of contractual storage shall be the date of commencement of storage indicated in the contract in accordance with the first subparagraph of Article 23 (6);
(b) the aid component referred to in Article 24 (3) (d), the first day of contractual storage shall, by way of derogation from the first subparagraph of Article 23 (6), be taken to be the day following the day on which the replacement butter or cream enters into store.'
7. Article 26 is repealed.
8. Article 27 is replaced by the following:
'Article 27
1. Aid for the storage of cream may be granted only for pasteurized cream produced directly from milk the fat content of which is not less than 35 % and not more than 80 %.
However, Member States may permit storers to undertake voluntarily to observe throughout the storage period, for all lots of all contracts concluded during the milk year, a single minimum fat content fixed in advance within the limits specified in the preceding subparagraph. 2. For the purpose of calculating the aid the quantities of cream shall be converted into butter equivalent by reference to butter with a fat content of 82 % by multiplying the fat content of the cream by 1,20.
3. The fat content specified in the first subparagraph of paragraph 1 shall be checked prior to freezing of the cream by a laboratory approved by the Member States or by the intervention agency.
4. Where the second subparagraph of paragraph 1 is applied, the aid shall be granted on the basis of the minimum fat content fixed in advance.
In such cases Member States shall check the fat content in accordance with paragraph 3 by random sampling in the course of frequent unannounced visits.
If such a check reveals a minimum fat content less than that fixed in advance the following provisions shall apply to all lots taken into store since the last satisfactory check:
(a) no aid shall be paid for these lots. However, if that fat content is found to be less than 2 % lower than the minimum content fixed in advance the aid shall be paid on the basis of the fat content found but 10 % of the amount shall be deducted;
(b) the second subparagraph of paragraph 1 shall not be applicable to the storer concerned for the remainder of the storage period.'
9. Article 28 is repealed.
10. Article 29 is replaced by the following:
'Article 29
Should the intervention agencies change the buying-in price of butter expressed in national currency the aid referred to in Article 24 for the quantities of butter and cream expressed as butter equivalent for which the first day of the contractual storage period is prior to the date on which the change in the buying-in price takes effect and which are still in store when the buying-in price is changed:
(a) shall be increased by an amount equal to any reduction in the buying-in price;
(b) shall be reduced by an amount equal to any increase in the buying-in price.
If the amount by which the buying-in price has increased as higher than the amount of the aid, no aid shall be granted.
In cases where, for butter bought in by intervention agencies before a new buying-in price is applied, the Council agrees to the payment of an amount supplementing the buying-in price in force, that supplement shall be considered an increase in the buying-in price within the meaning of this Article. In such cases the Commission shall decide that the aid for butter covered by a storage contract at the time of the abovementioned agreement of the Council shall not be paid until the change in the buying-in price has become effective.'
11. The following Article 29a is inserted:
'Article 29a
The periods, dates and time limits mentioned in this Regulation shall be determined in accordance with Council Regulation (EEC, Euratom) No 1182/71.
However, Article 3 (4) of the said Regulation shall not apply for determination of the duration of contractual storage.'
Article 2
Regulation (EEC) No 1442/82 is hereby repealed.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 April 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 1983. | [
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Commission Regulation (EC) No 1850/2003
of 21 October 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(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,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2003. | [
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COMMISSION REGULATION (EEC) No 762/80 of 28 March 1980 amending for the second time Regulation (EEC) No 1250/79 fixing coutervailing charges on seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the market in seeds (1), as last amended by Regulation (EEC) No 2878/79 (2), and in particular Article 6 (5) thereof,
Whereas Commission Regulation (EEC) No 1250/79 (3), as amended by Regulation (EEC) No 335/80 (4), fixed countervailing charges on seeds in respect of a certain type of hybrid maize for sowing;
Whereas, since that time, a significant variation has been recorded in the free-at-frontier offer prices which, under the terms of Article 4 (2) of Commission Regulation (EEC) No 1665/72 (5), requires that these charges be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 1250/79 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 76/2002
of 17 January 2002
introducing prior Community surveillance of imports of certain iron and steel products covered by the ECSC and EC Treaties originating in certain third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports and repealing Regulation (EC) No 518/94(1), as last amended by Regulation (EC) No 2474/2000(2), and in particular Article 11 thereof,
Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83(3), as last amended by Regulation (EC) No 1138/98(4), and in particular Article 9(1) thereof,
Consultations having taken place within the committees set up under the Regulations referred to above,
Whereas:
(1) In accordance with Regulations (EC) No 3285/94 and (EC) No 519/94, products covered by the Treaty establishing the European Coal and Steel Community are subject to the common rules for imports, and it is therefore necessary that the arrangements for Community surveillance measures in respect of ECSC products be adopted in accordance with those Regulations.
(2) The situation on the steel market has worsened considerably in 2001 under the combined impact of a number of factors, chief among them being a marked downturn in the world economy evident from the outset of the year and the recession that began to affect some economies, including that of the United States, in the latter half of the year.
(3) The steel market has also been unsettled by the uncertainty and hedging caused by the possibility of import restrictions on the US market following the US administration's "Section 201" safeguard investigation.
(4) Should import restrictions actually be applied on the US market, they are likely to cause major fluctuations in the structure of international trade, and in particular the deflection of trade towards the Community market. Such deflection could seriously harm the Community steel industry.
(5) Available economic indicators and estimates for 2001 show the following trends:
(A) Production. Production of crude steel in the Community in 2001 is expected to be about 159 million tonnes. This estimate is not only 2,5 % lower than production in 2000 (163,2 million tonnes), it is also lower than the levels recorded in 1997 (159,4 million tonnes) and 1998 (159,7 million tonnes).
(B) Imports. Imports of ECSC iron and steel products into the Community from all third countries will remain appreciably the same as in 2000, at about 25 million tonnes. By way of comparison, Community imports of these products totalled 12,2 million tonnes in 1996. This means that steel imports into the Community have more than doubled in the past five years.
(C) Exports. At a probable level of about 21 million tonnes, Community exports of ECSC iron and steel products in 2001 are about 8 % down on the previous year. By way of comparison, Community imports of these products amounted to 28 million tonnes in 1996. Community exports to the US and Canada have been hit particularly hard, falling by an estimated 36 % and 32 % respectively. This trend will worsen in 2002 if restrictions are introduced on the US market. For 2001 as a whole, the Community is expected to be a net importer of iron and steel products, with a trade deficit in excess of 4 million tonnes. In 1996 the Community recorded a trade surplus of the order of 15,8 million tonnes.
(D) Prices. Prices for iron and steel products in 2001 were 18 % lower on average than in 2000.
(6) Since the scope of the Section 201 safeguard investigation includes pipes and tubes, the possibility of US restrictions on these products cannot be excluded. Prior surveillance should therefore be extended to pipes and tubes.
(7) The Community's external trade statistics are not available within the periods established by Commission Regulation (EC) No 1917/2000(5), as amended by Regulation (EC) No 1669/2001(6).
(8) The interests of the Community require that imports of certain iron and steel products should be subject to prior Community surveillance in order to provide statistical information permitting rapid analysis of import trends.
(9) The completion of the internal market requires that the formalities to be accomplished by Community importers be identical wherever the goods may be cleared.
(10) Release for free circulation of the products covered by this Regulation should be made subject to presentation of a surveillance document meeting uniform criteria.
(11) That document should, on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The document should therefore be valid only as long as the import rules remain unchanged.
(12) The surveillance documents issued for the purposes of Community surveillance must be valid throughout the Community, regardless of the Member State of issue.
(13) The Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible.
(14) The issue of surveillance documents, while subject to standard conditions at Community level, is to be the responsibility of the national authorities.
(15) It should be reiterated that for certain iron and steel products the issue of a surveillance document is subject to presentation of an export document in accordance with arrangements established within the framework of double-checking agreements with certain third countries, and the present Regulation does not apply to products originating in those countries which are subject to such a double-checking system,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January 2002 the release for free circulation in the Community of iron and steel products covered by the ECSC and EC Treaties listed in Annex I shall be subject to prior Community surveillance in accordance with Articles 11 and 12 of Regulation (EC) No 3285/94 and Articles 9 and 10 of Regulation (EC) No 519/94. This applies to imports originating in all non-member countries other than the countries of the European Free Trade Association (EFTA), countries which are parties to the Agreement on the European Economic Area (EEA), and Turkey. Products which are subject to a double-checking agreement established between a non-member country and the Community shall be subject to the conditions established by that agreement and not to this Regulation.
2. The classification of the products covered by this Regulation is based on the tariff and statistical nomenclature of the Community (hereinafter called the "combined nomenclature", or in abbreviated form "CN"). The origin of the products covered by this Regulation shall be determined in accordance with the rules in force in the Community.
Article 2
1. The release for free circulation in the Community of the products referred to in Article 1 shall be subject to presentation of a surveillance document issued by the relevant authorities of a Member State.
2. The surveillance document referred to in paragraph 1 shall be issued automatically by the competent authorities in the Member States, without charge and for any quantities requested, within five working days of presentation of an application by any Community importer, wherever it may be established in the Community. This application shall be deemed to have been received by the competent national authority no later than three working days after submission, unless it is proven otherwise.
3. A surveillance document issued by one of the authorities listed in Annex II shall be valid throughout the Community.
4. The surveillance document shall be made out on a form corresponding to the model at Annex I of Regulation (EC) No 3285/94(7) on common rules for imports or in Annex IV to Regulation (EC) No 519/94 on common rules for imports from certain third countries. The importer's application shall include the following elements:
(a) the name and full address of the applicant (including telephone and fax numbers, and possible identification number used by the competent national authorities) and VAT registration number, if subject to VAT;
(b) if applicable, the name and full address of the declarant or representative of the applicant (including telephone and fax numbers);
(c) the full name and address of the exporter;
(d) the exact description of the goods, including:
- their trade name,
- the combined nomenclature (CN) code(s),
- the country of origin,
- the country of consignment;
(e) the net weight expressed in kg, and the quantity in the unit prescribed where other than net weight, by combined nomenclature heading;
(f) the cif value of the goods in euro at the Community frontier by combined nomenclature heading;
(g) whether the products concerned are seconds or of substandard quality(8);
(h) the proposed period and place of customs clearance;
(i) whether the application is a repeat of a previous application concerning the same contract;
(j) the following declaration, dated and signed by the applicant with the transcription of his name in capital letters: "I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Community."
The importer shall also submit a copy of the contract of sale or purchase and of the pro forma invoice. If so requested, for example in cases where the goods are not directly purchased in the country of production, the importer shall present a certificate of production issued by the producing steel mill.
5. Surveillance documents may be used only for such time as arrangements for liberalisation of imports remain in force in respect of the transactions concerned. Without prejudice to possible changes in the import regulations in force or decisions taken in the framework of an agreement or the management of a quota:
- the period of validity of the surveillance document is hereby fixed at four months,
- unused or partly used surveillance documents may be renewed for an equal period.
6. The importer shall return surveillance documents to the issuing authority at the end of their period of validity.
7. The competent authorities may allow the submission of declarations or requests to be transmitted or printed by electronic means, under the conditions fixed by them. However, all documents and evidence must be available to the competent authorities.
8. The surveillance document may be issued by electronic means as long as the customs offices involved have access to the document via a computer network.
Article 3
1. A finding that the unit price at which the transaction is effected varies from that indicated in the surveillance document by less than 5 % in either direction or that the total quantity of the products presented for import exceeds the quantity given in the surveillance document by less than 5 % shall not preclude the release for free circulation of the products in question.
2. Applications for surveillance documents and the documents themselves shall be confidential. They shall be restricted to the competent authorities and the applicant.
Article 4
1. The Member States shall communicate to the Commission:
(a) on as regular and up-to-date a basis as possible and at least by the last day of each month, details of the quantities and values (calculated in euro) for which surveillance documents have been issued;
(b) within six weeks of the end of each month, details of imports during that month, in accordance with Article 32 of Regulation No (EC) 1917/2000.
The information provided by Member States shall be broken down by product, CN code and by country.
2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document.
Article 5
Any notices to be given under this Regulation shall be given to the Commission of the European Communities and shall be communicated electronically via the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall apply from 1 January to 31 December 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2002. | [
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Commission Regulation (EC) No 1934/2001
of 1 October 2001
amending Regulation (EC) No 296/96 on data to be forwarded by the Member States and the monthly booking of expenditure financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(1), and in particular Article 5(3) and Article 7(5) thereof,
Whereas:
(1) Article 37(1) of Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2), as last amended by Regulation (EC) No 1763/2001(3), provides that the Member States shall forward to the Commission, no later than 30 September each year, for each rural development programming document a statement of expenditure incurred in the current financial year and of expenditure remaining to be disbursed by the end of that year as well as amended expenditure forecasts for subsequent financial years until the end of the programming period in question. The required documents provide the Commission with essential information on the evolution of expenditure for rural development both for the financial year in question and for future years, which can then be taken into account for the determination of the advances to be paid and for budget preparations. Article 37(2) of Regulation (EC) No 1750/1999 therefore provides that, where the documents referred to in Article 37(1) are incomplete or the time limit has not been met, the Commission shall reduce advances on entry in the accounts of agricultural expenditure on a temporary and flat-rate basis. For the implementation of this provision, it is appropriate to limit the financial effects to the financial year concerned by the declaration of expenditure and to provide for the suspension of the advance for the month of September only. Article 4(6) of Commission Regulation (EC) No 296/96(4), as last amended by Regulation (EC) No 1577/2001(5), should therefore be amended accordingly.
(2) Article 3(6) of Regulation (EC) No 296/96 defines the documents to be transmitted, for the 20th day of each month, to the Commission to permit the booking to the Community budget of expenditure effected during the preceding month. It is appropriate that this documentation should include the accounts evidencing expenditure relating to public storage referred to in Article 4(1) of Council Regulation (EEC) No 1883/78(6), as last amended by Regulation (EC) No 1259/96(7).
(3) The measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 296/96 is hereby amended as follows:
1. In Article 3(6) the following point (d) is added: "(d) the accounts evidencing expenditure relating to public storage referred to in Article 4(1) of Regulation (EEC) No 1883/78."
2. Article 4(6) is replaced by the following: "6. Where the documents referred to in Article 37(1) of Commission Regulation (EC) No 1750/1999(8) are not received by 30 September each year, the Commission may, after notifying the Member State concerned, suspend payment of the advance relating to expenditure incurred in accordance with that Regulation.
Where those documents are received from 1 to 15 October, payment of the advance relating to expenditure incurred in accordance with Regulation (EC) No 1750/1999 for the month of September may be deferred by the same number of days as the documents are received late.
Where those documents are received after 15 October, payment of the advances relating to expenditure incurred in accordance with Regulation (EC) No 1750/1999 for the month of September shall be suspended until the advance relating to the expenditure of the month of October."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall be applicable with effect from 1 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 October 2001. | [
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Commission Decision
of 11 March 2002
updating the conditions for the granting of authorisation for the removal of pigs from holdings located within the protection and surveillance zones established in Spain in relation to classical swine fever and establishing conditions for the marking and use of pigmeat in application of Article 11 of Council Directive 2001/89/EC
(notified under document number C(2002) 985)
(Only the Spanish text is authentic)
(Text with EEA relevance)
(2002/209/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(1), and in particular Article 11(1)(f), Article 25(3) and Article 29(4) thereof,
Whereas:
(1) In the last three months outbreaks of classical swine fever were declared in the Comarca of Osona, in the Province of Barcelona in Catalonia by the veterinary authorities of Spain.
(2) In accordance with Articles 9, 10 and 11 of Directive 2001/89/EC protection and surveillance zones were immediately established around outbreak sites in Spain.
(3) In relation to these outbreaks of disease, the Commission adopted: (i) Decision 2001/925/EC(2), as last amended by Decision 2002/162/EC(3), concerning certain protection measures relating to classical swine fever in Spain; (ii) Decision 2002/33/EC(4), as last amended by Decision 2002/162/EC, on the use of two slaughterhouses, in accordance with Article 10(1)(b) of Directive 2001/89/EC, by Spain; and (iii) Decision 2002/41/EC(5), as last amended by Decision 2002/162/EC, concerning certain further detailed conditions for the granting of authorisation for the removal of pigs from the holdings located within the protection and surveillance zones established in Spain in relation to classical swine fever.
(4) The provisions for the use of a health mark on fresh meat are given in Council Directive 64/433/EEC(6) on health conditions for the production and marketing of fresh meat, as last amended by Directive 95/23/EC(7).
(5) In accordance with Article 11(1)(f) of Directive 2001/89/EC, Spain has submitted a request for the adoption of a derogation concerning the marking and use of pigmeat coming from pigs kept on holdings situated in the surveillance zones established in the Comarca of Osona and slaughtered in accordance with a specific authorisation issued by the competent authority.
(6) In the light of the Spanish request and of the evolution in the epidemiological situation, is appropriate to update the conditions for the granting of authorisation for the removal of pigs from holdings located in the protection and surveillance zones established in Spain in relation to classical swine fever and to introduce conditions on the marking and use of pigmeat in application of Article 11 of Directive 2001/89/EC. For the sake of clarity it is appropriate to repeal Decision 2001/41/EC.
(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 (section Animal Health and Welfare),
HAS ADOPTED THIS DECISION:
Article 1
1. Spain is authorised to apply the mark described in Article 3(1)(A)(e) of Directive 64/433/EEC to pigmeat obtained from pigs originating from holdings situated in the surveillance zones established before 5 March 2002 in the Comarca of Osona in accordance with the provisions of Articles 9 and 11 of Directive 2001/89/EC on condition that the pigs in question:
(a) originate from a surveillance zone:
- where no outbreaks of classical swine fever have been detected in the previous 21 days and where at least 21 days have elapsed after the completion of the preliminary cleaning and disinfection of the infected holdings,
- established around a protection zone where clinical examinations for classical swine fever have been carried out in all pig holdings after the detection of classical swine fever, with negative results;
(b) originate from a holding:
- which has been subject to protection measures established in accordance with the provisions of Article 11 of Directive 2001/89/EC,
- to which, following the epidemiological inquiry, no contact has been established with an infected holding,
- which has been subject to regular veterinary inspections, that have included all pigs kept on the holding, after the establishment of the zone;
(c) have been included in a programme for monitoring body temperature and clinical examination. The programme shall be carried out as given in Annex I;
(d) have been slaughtered within 12 hours of arrival at the slaughterhouse.
2. However, notwithstanding paragraph 1(a), first indent, for the surveillance zone established around the outbreaks confirmed on 22 February 2002 in the Municipality of Tona, the waiting periods concerning the absence of detection of a new outbreak, and following the completion of cleaning and disinfection, shall be fixed at 30 days.
Article 2
Spain shall ensure that a certificate as given in Annex II is issued in respect of the pigmeat referred to in Article 1.
Article 3
Pigmeat which complies with the conditions of Article 1 and enters into intra-Community trade must be accompanied by the certificate referred to in Article 2.
Article 4
Spain shall ensure that abattoirs designated to receive the pigs referred to in Article 1 do not, on the same day, accept pigs for slaughter other than the pigs in question.
Article 5
Spain shall provide Member States and the Commission with:
(a) the name and location of slaughterhouses designated to receive pigs for slaughter referred to in Article 1, before the slaughtering of these pigs; and,
(b) after the slaughtering of these pigs, on a weekly basis, a report which contains information on:
- the number of pigs slaughtered at the designated slaughterhouses,
- the identification system and movement controls applied to slaughter pigs,
- the instructions issued concerning the application of the programme for monitoring body temperature referred to in Annex I.
Article 6
Whenever the provisions of Article 1(1) cannot be applied, Spain may grant authorisation for the removal of pigs from holdings located in the classical swine fever protection and surveillance zones established in the Comarca of Osona, to be moved to slaughterhouses in accordance with Article 10(2) and Article 11(2) of Directive 2001/89/EC, provided that, in addition to the measures laid down in Article 10(3) of the said Directive, the following conditions are fulfilled:
(a) the pigs shall be moved only from holdings which:
- do not contain any pigs suspected to be infected with classical swine fever virus, or
- have not been recognised as contact holding in accordance with Article 7(1) of Directive 2001/89/EC;
(b) the pigs shall be moved to one of the slaughterhouses referred to in Decision 2002/33/EC. The fresh meat of these pigs shall be processed or marked and treated in accordance with Article 10(3)(f), fourth indent of Directive 2001/89/EC;
(c) before authorisation is given to move the pigs, the clinical examination to be carried out by an official veterinarian shall be carried out within the 24-hour period prior to moving the pigs and in accordance with the procedures laid down in part I of Annex III.
(d) samples for serological or virological tests from the pigs shall be taken at slaughter in accordance with the procedures laid down in part II of Annex III.
Article 7
Spain shall ensure that abattoirs designated to receive the pigs referred to in Article 6 do not, on the same day, accept pigs for slaughter other than the pigs in question.
Article 8
Decision 2002/41/EC is hereby repealed.
Article 9
This Decision is applicable until 30 April 2002.
Article 10
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 11 March 2002. | [
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Commission Regulation (EC) No 2170/2003
of 12 December 2003
correcting Regulation (EC) No 701/2003 laying down detailed rules for the application of Council Regulation (EC) No 2286/2002 as regards the arrangements applicable to imports of certain poultrymeat and egg products originating in the African, Caribbean and Pacific States (ACP States)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(1), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat(2), and in particular Article 3 thereof,
Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural goods originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98(3), and in particular Article 5 thereof,
Whereas:
(1) A mistake has been found in Article 2 of and Annex I to Commission Regulation (EC) No 701/2003(4) and, where the French and Greek versions are concerned, in the second paragraph of Article 1. The necessary corrections must therefore be made.
(2) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 701/2003 is hereby corrected as follows:
1. in Article 2, the introductory sentence is replaced by the following:"The annual tariff quota referred to in Annex I shall be staggered as follows:";
2. Annex I to that Regulation is replaced by the Annex to this Regulation.
Article 2
Concerns only the French version.
Article 3
Concerns only the Greek version.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2003. | [
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COMMISSION REGULATION (EEC) No 1172/91 of 6 May 1991 amending Regulation (EEC) No 470/91 on the temporary suspension of the system of accession compensatory amounts for common feed wheat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 257 thereof, and to Council Regulation (EEC) No 4007/87 of 22 December 1987 extending the period referred to in Articles 90 (1) and 257 (1) of the Act of Accession of Spain and Portugal (1), as last amended by Regulation (EEC) No 3836/90 (2),
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (3), as last amended by Regulation (EEC) No 3577/90 (4), and in particular Article 7 (6) thereof,
Whereas market prices for maize are very high throughout the Community owing to the shortage of supplies following the drought in the summer of 1990; whereas the shortage of maize is offset by the availability of large quantites of common wheat; whereas, however, as regards Portugal, given the difference between the price for common wheat and for other feed grain, the substitution of common wheat for maize in feedingstuffs in Portugal cannot take place under comparable economic conditions to those in the other Member States;
Whereas Commission Regulation (EEC) No 470/91 (5) counteracts this situation by temporarily suspending until 30 April 1991 the system of accession compensatory amounts for consignments of common wheat that have undergone a treatment which makes the grain unsuitable for human consumption;
Whereas given that this situation still persists, the temporary suspension should be extended for another month;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION: Article 1
In Article 1 of Regulation (EEC) No 470/91 'until 30 April 1991' is replaced by 'until 31 May 1991'. Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 May 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 May 1991. | [
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COMMISSION DECISION of 23 December 1992 on the aid granted for the creation of industrial enterprises in Modane, Savoy (France), considered in the light of Articles 92 and 94 of the EEC Treaty (Only the French text is authentic)
(93/193/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having given notice to the parties concerned to submit their comments, in accordance with the same provision, and having regard to those comments,
Whereas:
I Following a written question (No 2832/91), which Mr Mauro Chiabrando, Member of the European Parliament, put to the Commission on 11 November 1991, the Commission sent the French Government a request for information on aid which appeared to have been granted to industrial enterprises setting up in Modane, Savoy (1).
The Commission received no reply, and accordingly it sent a reminder by letter No 437 of 5 February 1992. The French authorities sent the Commission an interim answer dated 17 February 1992, which was followed by a full answer dated 9 April 1992.
The information provided was incomplete, and too vague to enable the Commission to check whether the aid was compatible with Articles 92 and 93 of the EEC Treaty; on 14 April 1992, therefore, the Commission decided to initiate proceedings under Article 93 (2) of the EEC Treaty to examine the measures in question.
The French authorities were informed accordingly, by letter dated 28 April 1992, and the other Member States and interested parties were informed by means of a notice published in the Official Journal (2).
The French authorities gave an initial reply by letter dated 14 May 1992. On 3 August 1992 they asked to be allowed two months to complete the reply; they sent the Commission their definitive reply on 16 November 1992.
II In his written question to the Commission Mr Chiabrando described the following arrangements, which he understood applied to enterprises setting up in Modane:
1. a reduction on electricity prices, granted by the regional council of Savoy, of up to 25 % of the cost for a maximum of five years;
2. tax exemptions;
3. recruitment and training aid;
4. financial aid;
- for land development on favourable and negotiable terms,
- for the construction of buildings for lease, rental or sale;
5. grants from the département and region intended substantially to reduce the cost of these buildings.
In their letters of 14 May and 16 November 1992 the French authorities provided clarification and argument in support of their position on points 2 to 5 above.
As regards the reduction in electricity prices referred to in point 1, the French authorities supplied the legal basis of the aid and a draft amendment to it, and figures for reductions already granted.
The Commission analysed the two aspects separately, that is to say:
A. points 2 to 5 above;
B. the reductions in electricity prices: here the Commission considered the new draft Order and the force of established practices, namely the concessions already granted to enterprises under the Mountain Areas Law since it entered into force on 31 March 1987.
III A Tax exemptions These are exemptions or reductions in business tax and succession and gift duties, which are granted by local authorities; the mechanisms and various implementing orders were authorized by the Commission in 1982, at the same time as the regional planning grant (PAT) scheme. The concessions cannot be granted for more than five years, and relate mainly to business start-up and expansion operations.
Recruitment and training The measure at issue here is a general scheme administered by public bodies throughout France. The Aid is awarded not to firms but to employed persons or job seekers and accordingly does not constitute State aid within the meaning of Article 92 of the EEC Treaty.
Financial aid for land development and the construction of buildings, and local authority grants to reduce the cost of buildings These measures are administered in the canton of Modane by the département and region and by Sofirem, one of the Charbonnages de France coalmining conversion corporations.
- Sofirem
Sofirem is a conversion corporation whose activities were approved by the Commission on 31 May 1989; it provides loans on favourable terms, takes shareholdings, and provides advisory services, mainly in the French coalfields. On 27 September 1990 the Commission authorized the extension of its activities to Modane on the following conditions: it was to assist only firms with a staff of no more than 100 and a turnover of no more than ECU 10 million, and the aid granted was not to exceed a gross intensity of 7,5 %. Sofirem has complied with these conditions.
- The département and region
Local authorities can provide assistance in Modane under Article 1 of Order No 82-809 of 22 September 1982, which was approved by the Commission at the same time as the PAT scheme; it allows them to acquire buildings, to renovate them, and then to lease, rent or sell them at market prices.
B Reductions on electricity prices The reductions are given under Order No 87/214 of 25 March 1987 on the power and energy reserved provided for in Article 10 of the Hydraulic Energy Law of 16 October 1919, as amended by Article 91 of the Mountain Areas Law, No 85-30 of 9 January 1985.
The Hydraulic Energy Law states that where a concession is granted for the operation of a hydroelectric power station, part of the power available must be reserved for the local area, as a public service obligation.
The Mountain Areas Law also allows certain firms to enjoy a reduction on energy prices, by decision of the regional council in accordance with machinery to be established by order.
Lastly, Order No 87-214 lays down the criteria for determining which firms are eligible and provides that the reduction granted is to be 25 % of the price.
Under the Order, manufacturing and craft firms are eligible for the price reduction where they:
- invest in connection with the creation of a business, a take-over of a business in difficulty, the expansion of a business or the internal conversion of a business,
and
- undertake to create or maintain a number of permanent or seasonal jobs which is no lower than a threshold periodically determined by the regional council.
The regions which qualify are mountain areas, defined in terms of high altitude or steeply sloping terrain, and are not all eligible for regional aid.
The mechanism described here constitutes operating aid: the Commission will sometimes authorize aid of this kind in areas which qualify for assistance pursuant to Article 92 (3) (a) of the EEC Treaty, but never in areas which qualify pursuant to Article 92 (3) (c) - still less in areas which do not qualify for regional aid, which is the case in the canton of Modane.
In their letter of 16 November 1992, however, the French authorities sent the Commission a draft Order amending Order No 87-214. Under the new Order the electricity price reduction could not total more than FF 350 000 (ECU 50 000) per firm over three years. The Order would also exclude 'manufacturing enterprises governed by special Community rules on State aid'.
Reductions already granted to firms under the Mountain Areas Law since it entered into force on 31 March 1987 The scheme was extended to firms only on 31 March 1987; before that it had been confined to public authorities and public services.
The French authorities have calculated the total amount granted in reductions to firms in 1990 and 1991:
/* Tables: see OJ */
IV In the light of what has been said here, and particularly in point III A and B, the Commission has reached the following conclusions:
- the application to the canton of Modane of the measures described at point III A, that is to say tax exemptions, recruitment and training aid and the measures taken by Sofirem and local authorities under Order No 82-809, merely brings together a combination of measures which already exist and which have been authorized by the Commission, and is consequently in accordance with Community legislation on State aid,
- the scheme for the reduction of electricity prices under the Mountain Areas Law, described at point III.B, as it would be amended by the draft Order notified to the Commission on 16 November 1992, satisfied the de minimis test set out in the Community guidelines on State aid for small and medium-sized enterprises adopted by the Commission on 20 May 1992 (3),
- the total granted in electricity price reductions in Savoy under the Mountain Areas Law is small, at FF 800 000 to nine firms in 1991. The firms involved thus received an average of FF 90 000 each in 1991. It is theoretically possible that one of them may have received a reduction of more than ECU 50 000 over a three-year period, but it is extremely unlikely that aid on so small a scale might have adversey affected trade between Member States to an extent contrary to the common interest.
Accordingly, on condition that the draft Order notified to the Commission is introduced by 31 March 1993 at the latest, and that the French authorities ensure that the Community rules on the overlapping of aid schemes of minor importance and on the combination of aid granted for different purposes are complied with, the Commission takes the view that Order No 87-214, as consequently amended, is compatible with the common market,
HAS ADOPTED THIS DECISION:
Article 1
1. The tax exemptions, the staff recruitment and training aid and the measures taken by Sofirem and local authorities described in point III A are compatible with the common market.
2. Order No 87-214 of 25 March 1987 on the power reserves of hydroelectric undertakings provided for by Article 10 of the Hydraulic Energy Law of 16 October 1919 as amended by the Mountain Areas Law of 9 January 1985 is compatible with the common market on the conditions hereinafter set out.
Article 2
Before 1 March 1993 the French authorities shall take the measures necessary to ensure that the total granted in electricity price reductions to any one undertaking does not exceed ECU 50 000 in any period of three years.
Article 3
The French authorities shall ensure that the Community rules on the overlapping of aid measures of minor importance and on the overlapping of aid granted for different purposes are complied with.
Article 4
Industries governed by special Community rules on State aid, laid down under the EEC and ECSC Treaties, are excluded from the scope of this Decision.
Article 5
The French Government shall inform the Commission no later than 30 April 1993 of the measures it has taken to comply with this Decision.
Article 6
This Decision is addressed to the French Republic.
Done at Brussels, 23 December 1992. | [
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COMMISSION DECISION of 9 December 1997 on financial contributions from the Community for the eradication of Newcastle disease in Finland (Only the Finnish text is authentic) (98/66/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2) and in particular Articles 3 (3) and 4 (2) thereof,
Whereas outbreaks of Newcastle disease occurred in Finland in 1996; whereas the appearance of this disease is a serious danger to the Community's poultry and, in order to help eradicate the disease as rapidly as possible, the Community has the possibility of compensating for the losses suffered;
Whereas, as soon as the presence of Newcastle disease was officially confirmed the authorities took appropriate measures which included the measures as listed in Article 3 (2) of Decision 90/424/EEC; whereas such measures were notified by the Finnish authorities;
Whereas the conditions for Community financial assistance have been met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Finland may obtain Community financial assistance for outbreaks of Newcastle disease which occurred during 1996. The financial contribution from the Community shall be:
- 50 % of the costs incurred by Finland in compensating the owner for the slaughter, destruction of poultry and poultry products as appropriate,
- 50 % of the costs incurred by Finland for the cleaning and disinfection of holdings and equipment,
- 50 % of the costs incurred by Finland in compensating the owner for the destruction of contaminated feedingstuffs and contaminated equipment.
Article 2
The Community financial contribution shall be granted after the supporting documents have been submitted and unter the condition that Community veterinary legislation has been respected.
Article 3
Finland shall forward the supporting documents referred to in Article 2 not later than six months after the notification of this Decision.
Article 4
This Decision is addressed to the Republic of Finland.
Done at Brussels, 9 December 1997. | [
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COMMISSION DIRECTIVE 2008/58/EC
of 21 August 2008
amending, for the purpose of its adaptation to technical progress, for the 30th time, Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), and in particular Article 28 thereof,
Whereas:
(1)
Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling of each substance. That list needs to be updated to include further notified new substances and further existing substances, as well as to adapt certain entries to technical progress. In addition, it is necessary, in that Annex, to delete entries for certain substances. The classification and labelling of substances containing benzene should be changed in order to reflect that benzene is classified as a mutagen and some entries should be split because the newly added or revised physico-chemical classification no longer applies to all the substances under those entries.
(2)
The classification and labelling of the substances listed in this Directive should be reviewed if new scientific knowledge becomes available. In this respect, considering recent preliminary, partial and not peer-reviewed information submitted by industry, special attention should be paid to further results of epidemiological studies on the Borates concerned by this Directive including the ongoing study conducted in China and the outcome of the IARC discussion of the classification of Nickel substances or any new relevant scientific findings or interpretations given to the data used to establish the current proposals for the Nickel compounds concerned by this Directive.
(3)
Certain notes in the foreword of Annex I should be amended or added to clarify the obligations on manufacturers, distributors and importers of certain substances, to reflect that benzene has, in addition to other effects, been classified as mutagenic, and to reflect that the classification and labelling in Annex I relating to physico-chemical properties need not be applied when testing shows that the specific form of a substance marketed has different physico-chemical properties. Note 6 in the foreword of Annex I should be deleted as the provisions of this note no longer apply from the date on which Commission Directive 2001/60/EC (2) enters into force. Consequently, the reference to Note 6 should be deleted from certain entries in the Annex. A new Note 7 should be added to the foreword of Annex I to reflect that alloys containing nickel are to be classified for sensitisation on the basis of their release rate rather than on the concentration of nickel.
(4)
The measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade with Dangerous Substances and Preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I of Directive 67/548/EEC is amended as follows:
1.
the foreword is amended as follows:
(a)
Note H is replaced by the text set out in Annex 1A;
(b)
Note J is replaced by the text set out in Annex 1B;
(c)
Note P is replaced by the text set out in Annex 1C;
(d)
The text set out in Annex 1D is added as Note T;
(e)
Note 6 is deleted;
(f)
The text set out in Annex 1E is added as Note 7;
2.
the entries corresponding to the entries set out in Annex 1F are replaced by the entries set out in that Annex;
3.
The entries set out in Annex 1G to this Directive are inserted in accordance with the order of the entries set out in Annex I to Directive 67/548/EEC;
4.
The entries set out in Annex 1H to this Directive are deleted.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
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COMMISSION REGULATION (EC) No 1753/2004
of 8 October 2004
on the issue of import licences for high-quality fresh, chilled or frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),
Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),
Whereas:
(1)
Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).
(2)
Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2004 to 30 June 2005 at 11 500 t.
(3)
It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,
HAS ADOPTED THIS REGULATION:
Article 1
1. All applications for import licences from 1 to 5 October 2004 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.
2. Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of November 2004 for 4 331,540 t.
Article 2
This Regulation shall enter into force on 11 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 1987/86
of 24 June 1986
revising, for the 1986/87 marketing year, the maximum amount for the production levy on B sugar and amending Regulation (EEC) No 1453/86 with regard to the minimum price for B beet
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 934/86 (2), and in particular Article 5 (5) and the third subparagraph of Article 28 (5) thereof,
Having regard to the proposal from the Commission,
Whereas Article 28 (3) and (4) of Regulation (EEC) No 1785/81 provides that the losses resulting from the obligation to export surpluses of Community sugar are to be covered by production levies on the production of A and B sugar and of A and B isoglucose, within certain limits; whereas the third subparagraph of Article 28 (5) of the same Regulation allows, with effect from the 1986/87 marketing year, for the upper limit applicable to the B levy to be increased to a maximum of 37,5 % of the intervention price for white sugar;
Whereas the estimates for the 1986/87 marketing year indicate that the sum of the levies to be paid will not be sufficient to cover completely the total loss resulting from those obligations;
Whereas it is therefore necessary to increase, for the 1986/87 marketing year, the maximum amount of the B levy to 37,5 % of the intervention price for white sugar and also to adjust accordingly the minimum price for B beet fixed for that marketing year by Regulation (EEC) No 1453/86 (3);
Whereas the minimum prices of B beet applicable in Spain and Portugal must similarly be increased in such a manner that the financial burden resulting from the production levy is shared between beet producers and sugar manufacturers in the same way as it is in the other regions of the Community,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the 1986/87 marketing year, the maximum amount referred to in the first indent of the second subparagraph of Article 28 (4) of Regulation (EEC) No 1785/81 shall be increased to 37,5 % of the intervention price for white sugar.
2. For the 1986/87 marketing year, the minimum price for B beet referred to in the second subparagraph of Article 5 (2) of Regulation (EEC) No 1785/81 shall be equal to 60,5 % of the basic price for beet.
Article 2
Regulation (EEC) No 1453/86 is amended as follows:
1. the text of Article 3 (2) is replaced by the following:
'2. The minimum price for B beet applicable in the Community with the exception of Spain and Portugal shall be 24,74 ECU per tonne.';
2. the text of Article 4 (1) is replaced by the following:
'1. The sugar prices to be applied in Spain and Portugal shall be as follows:
(a) Spain:
(aa) the intervention price for white sugar shall be 62,78 ECU per 100 kilograms;
(bb) the prices for beet shall be:
- 47,98 ECU per tonne for the basic price,
- 47,16 ECU per tonne for the minimum price for A beet,
- 31,83 ECU per tonne for the minimum price for B beet;
(b) Portugal:
(aa) the intervention price for white sugar shall be 50,12 ECU per 100 kilograms;
(bb) the prices for beet shall be:
- 43,72 ECU per tonne for the basic price,
- 42,90 ECU per tonne for the minimum price for A beet,
- 27,57 ECU per tonne for the minimum price for B beet.'
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 June 1986. | [
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